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Conformity Decisions - Control of constitutionality of ordinary laws, organic laws, treaties, and regulations of the houses of Parliament

It is mandatory that the organic laws and regulations of the houses of Parliament be referred to the Constitutional Council prior to the enactment of the former and prior to the entry into force of the latter. An international commitment may also be referred to the Council prior to the ratification or approval of the commitment. Ordinary legislation may be referred to the Council prior to its enactment. In these last two cases, the law under review, either by a political authority (the President of the Republic, the Prime Minister or the president of the National Assembly or the Senate), or by at least 60 members of Parliament or 60 senators, may be referred to the Council in different ways depending upon the law.


Constitutional review and Institutions

Constitutional review as regards treaties and international agreements

  • Decision no. 2017-749 DC of 31 July 2017- Comprehensive Economic and Trade Agreement between Canada, on the one hand, and the European Union and its Member States, on the other
  • Decision no. 2010-605 DC of 12 May 2010 - Act pertaining to the Opening up to Competition and the Regulation of Online Betting and Gambling
  • Decision no. 98-408 DC of 22 January 1999 - Treaty laying down the Statute of the International Criminal Court
  • Decision no. 2012-647 DC of 28 February 2012 - Law on the punishment of denials of the existence of genocides recognised by law

Constitutional review and Community primary legislation

  • Decision no. 2012-653 DC of 9 August 2012- Treaty on Stability, Coordination and Governance in the Economic and Monetary Union
  • Decision no. 2010-605 DC of 12 May 2010 - Act pertaining to the Opening up to Competition and the Regulation of Online Betting and Gambling
  • Decision no. 2007-560 DC of 20 December 2007 - Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community
  • Decision no. 97-394 DC of 31 December 1997 - Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related instruments

Constitutional review and Community secondary legislation

  • Decision no. 2009-590 DC of 22 October 2009 - Act pertaining to the Protection under Criminal law of Literary and Artistic Property on the Internet
  • Decision no. 2009-577 DC of 3 March 2009 - Act pertaining to Audiovisual Communication and the New Public Television Service
  • Decision no. 2009-576 DC of 3 March 2009 - Institutional Act pertaining to the appointment of the Presidents of the companies France Télévisions and Radio France and of the company in charge of France's external audiovisual services
  • Decision no. 98-400 DC of 20 May 1998 - Institutional Act on the conditions for the application of Article 88-3 of the Constitution relating to the exercise by citizens of the European Union residing in France, not being French nationals, of the right to vote and stand as candidates at municipal elections and transposing Directive 94/80/EC of 19 December 1994

Constitutional review as regards bioethics and abortion

  • Decision no. 2017-747 DC of 16 March 2017 - Law relating to expanding the offence of impeding access to voluntary termination of pregnancy
  • Decision no. 94-343/344 DC of 27 July 1994 - Respect for human body Act and donation and use of parts and products of the human body, medically assisted reproduction and prenatal diagnosis Act

Constitutional review as regards equality between women and men

  • Decision no. 2001-445 DC of 29 January 2015 - Institutional Act concerning the status of the Judiciary and the High Council of the Judiciary (extracts)
  • Decision no. 2000-429 DC of 30 May 2000 - Act to promote equal access of women and men to electoral mandates and elective offices
  • Decision no. 98-407 DC of 14 January 1999 - Act determining the mode of election of regional councillors and of councillors in the Corsican Assembly, and the operation of regional councils (extracts)
  • Decision no. 82-146 DC of 18 November 1982 - Act amending the Electoral Code and the Code of Municipalities and governing the election of municipal councillors and the conditions for entry of French nationals residing outside France in electoral registers

Constitutional review and immigration

  • Decision no. 93-325 DC of 13 August 1993 - Act on the control of immigration and conditions of entry, reception and residence for aliens in France
  • Decision no. 92-307 DC of 25 February 1992 - Act amending Ordinance 45-2658 of 2 November 1945 on the conditions for entry and residence of aliens in France, as amended

Constitutional review as regards the law of nationality

  • Decision no. 96-377 DC of 16 July 1996 - Act to strengthen enforcement measures to combat terrorism and violence against holders of public office or public service functions and to enact measures relating to the criminal investigation police

Constitutional review as regards elections, territorial and linguistic subdivisions

  • Decision no. 2013-156 PDR of 4th July 2013, following an appeal from Mr Nicolas Sarkozy against the decision of 19 December 2012 of the National Commission for Campaigns Accounts and Political Financing
  • Decision no. 2013-667 DC of 16 May 2013 - Law on the election of departmental councillors, municipal councillors and community councillors, and amending the electoral calendar
  • Decision no. 2011-632 DC of 23 June 2011 - Law determining the number of local councillors for each Department and each region
  • Decision no. 2008-573 DC of 8 January 2009 - Act pertaining to the Committee provided for in Article 25 of the Constitution and the Election of Members of the National Assembly
  • Decision no. 96-373 DC of 9 April 1996 - Institutional Act laying down rules governing the autonomous status of French Polynesia

Constitutional review as regards Freedom of the Individual

  • Decision no. 2019-780 DC of 4 April 2019 - Law aiming to strengthen and guarantee maintaining public order during demonstrations
  • Decision no. 2011-635 DC of 4 August 2011 - Law on the participation of citizens in the functioning of criminal justice and the sentencing of minors
  • Decision no. 2011-625 DC of 10 March 2011 - Law on guidelines and programming for the performance of internal security
  • Decision no. 2008-562 DC of 21 February 2008 - Act pertaining to post-sentence preventive detention and diminished criminal responsibility due to mental deficiency
  • Decision no. 2005-532 DC of 19 January 2006 - Act pertaining to the fight against terrorism and containing various provisions concerning security and border controls
  • Decision no. 71-44 DC of 16 July 1971 - Law completing the provisions of Articles 5 and 7 of the Law of 1 July 1901 on association agreements

Constitutional review as regards economic and social rights

  • Decision no. 2017-750 DC of 23 March 2017 - Law on the duty of oversight of parent companies and commissioning enterprises
  • Decision no. 2016-741 DC of 8 December 2016 - Law relating to transparency, the fight against corruption and the modernisation of economic life
  • Decision no. 2009-588 DC of 6 August 2009 - Act reaffirming the principle of Sunday rest and designed to provide for exceptions to this principle for employees volunteering to work on Sundays in touristic and thermal Communes and areas and certain conurbations
  • Decision no. 2007-556 DC of 16 August 2007 - Act on Social Dialogue and the Continuity of the Public Service in Regular Public Land-based Passenger Transport

Constitutional review as regards taxation

Constitutional review as regards environnement

  • Decision no. 2013-666 DC of 11 April 2013 - Law aiming to prepare the transition towards a streamlined energy system and laying down miscellaneous provisions on tariff rates for water and on wind turbines