The evolution of the cc under the fifth rep
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
the composition of the CC
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
The limit of the first category of member
maybe you are under the one who chose you⇒ devoir ingratitude, they should not be submitted by the one who chose them Badinters
Since 2008
- 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)
President in the CC
Charles de Gaulle resign
Giscars d’estain said yes
Jacque chirac yes until his trial
Sarkozy was member
Hollande said nope id want
the power of the CC
- 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,
How CC review laws?
- 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.
Involve the argument that the law applied violates the constitution⇒ After that 2 levels of characters:
- 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.
