Chapter 5: The constitutionnal Council

Question 1

The evolution of the cc under the fifth rep

Answer 1

In the cc the fourth rep had limited power then in 1958 creation of the CC.
But it was limited in the first years, by his composition and function ⇒ it is progress to be a real constitutional judge.

• Decision July 1961= liberté d’association⇒ The constitution is larger than the text= creation of the bloc
• The power of the judge is really important because he applies the Constitution. = qualitative change
• In 1974 a reform allowed 60 members of the Senate or the NA to refer a law to the CC, before only the 3 president= a quantitative change.
• In 1958 the CC ⇒ a decision the law only expresses the general will when it respects the constitution
• 2008⇒ The role of the council was developed with the creation of a new procedure ⇒ QPC

Question 2

the composition of the CC

Answer 2

1st: member appointed by the 3 president ( 3 for each) and adopted for 9 years and that’s it no more years. Renew partially 3 by 3.
2nd: members by right ⇒ automatically members of the cc ex pres of the rep, to allow former

Question 3

The limit of the first category of member

Answer 3

maybe you are under the one who chose you⇒ devoir ingratitude, they should not be submitted by the one who chose them Badinters

Question 4

Since 2008

Answer 4

• the appointment is submitted to the opinion of specified committees of the chambers
  ⇒can reject an appointment if the addition of a negative vote in each committee, represents three-fifths of the vote for the two committees (one by assembly)

Question 5

President in the CC

Answer 5

Charles de Gaulle resign
Giscars d’estain said yes
Jacque chirac yes until his trial
Sarkozy was member
Hollande said nope id want

Question 6

the power of the CC

Answer 6

• Consultative power: In art 16 of the constitution, while the president uses art 66
• Electoral judge: certain election, art 58 pres election, Members of the parliament art 59 = can inverse the election.
• Art 60, the judge for the refer
  ⇒ Adopted by the people= democracy
• In the counsel review law adopted by the parliament,

Question 7

How CC review laws?

Answer 7

• automatically mandatory for = organic laws, rule of procedure of the NA and the Senate
• Ordinary law is optional, 3 president/prime minister or QPC
• Need approval from the parliament to modify the constitution.

Question 8

Involve the argument that the law applied violates the constitution⇒ After that 2 levels of characters:

Answer 8

• 1st: the judge in front of which this arg is raised will check 3 conditions: applicable to the case, not been declared unconstitutional, and not lacking seriousness (check before by cass or CE and then send the question to CC)
• The CC has 3 months, either the law conforms => Back to the first judge or the council declares that they violate the constitution. There is a third approach, reserve interpretation = that law is constitutional only if it’s interpreted in a certain way.