Salle d'audience du Conseil constitutionnel
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General Introduction


An "application for a priority preliminary ruling on the issue of constitutionality" is the right for any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by the Constitution.

Once conditions of admissibility have been complied with, the Constitutional Council, to whom the application will have been referred by the Conseil d'État or the Cour de Cassation, will give its ruling and, if need be, repeal the challenged statutory provision.

The application for a priority preliminary ruling on the issue of constitutionality was introduced under the constitutional reform of 23 July 2008.

Prior to this reform, it was impossible to challenge the constitutionality of a statute which had come into force. From now on, persons involved in legal proceedings will be vested with this new right under Article 61-1 of the Constitution.


2019

  • Decision no. 2019-797 QPC of 26 July 2019 - Unicef France and others [Creation of a file of foreign nationals that declare themselves as unaccompanied minors]
  • Decision no. 2018-761 QPC of 1 February 2019 - Médecins du monde association and others [Punishment of clients of persons working as prostitutes]

2018

  • Decision no. 2018-737 QPC of 5 October 2018 - Jaime Rodrigo F. [Transmission of French nationality to legitimate children born abroad to a French parent]
  • Decision no. 2018-730 QPC of 14 September 2018 - Mehdi K. [Absence of legal obligation to inform the guardian of an adult placed under a guardianship order of that adult's placement in police detention]
  • Decision no. 2018-717/718 QPC of 6 July 2018 - Mr. Cédric H. et al. [Offence of facilitating the illegal entry, movement and residence of a foreign person]
  • Decision no. 2017-695 QPC of 29 March 2018 - Mr. Rouchdi B. et al. [Administrative measures pertaining to the fight against terrorism]
  • Decision no. 2017-694 QPC of 2 March 2018 - Mr. Ousmane K. et al [Motivation of penalties for Judgments of the Assize Court]

2017

  • Decision no. 2017-680 QPC of 8 December 2017 - Union Syndicale des Magistrats (Magistrates' Union) [Independence of the Magistrats du Parquet (public prosecutors)]
  • Decision no. 2017-677 QPC of 1 December 2017 - The League of Human Rights - [Identity verification, searching of bags and vehicle inspections under the state of emergency]
  • Decision no. 2017-674 QPC of 1 December 2017 - Mr. Kamel D. - [House arrest for a foreigner subject to being banned from the territory or a deportation order]
  • Decision no. 2017-670 QPC of 27 October - Mr. Mikhail P. [Advanced erasure of personal data contained in a criminal record file]
  • Decision no. 2017-648 QPC of 4 August 2017 - La Quadrature du Net et al. [Administrative access in real time to connection data]
  • Decision no. 2017-646/647 QPC of 21 July 2017 - Mr. Alexis K. et al. [Right to communicate connection data to investigators of the French financial markets authority (AMF)]
  • Decision no. 2017-645 QPC of 21 July 2017 - Mr. Gérard B. [Closed-door proceedings upon request of the civil party victim for the judgement of certain crimes]
  • Decision no. 2017-637 QPC of 16 June 2017- Association nationale des supporters [Refusal of access to a sports complex and exclusion file]
  • Decision no. 2017-651 QPC of 31 May 2017 - The Association En Marche ! [Broadcasts times for electoral campaigns for legislative elections]
  • Decision no. 2017-632 QPC of 2 June 2017 - National Union of Associations for Families of Those with Cranial Trauma and Brain Injuries [Collegiate procedure prior to making the decision to limit or halt treatment for a person who is no longer in a condition to express his or her wishes]
  • Decision no. 2017-624 QPC of 16 March 2017 Mr. Sofiyan I. [Maximum duration of house arrest in the context of a state of emergency]

2016

  • Decision no. 2016-594 QPC of 04 November 2016 - Ms. Sylvie T. [Lack of nullification in the case of a hearing given under oath under police detention]
  • Decision no. 2016-590 QPC of 21 October 2016 - La Quadrature du Net et al. - [Monitoring and control of wireless communications]
  • Decision no. 2016-567/568 QPC of 23 September 2016 - Mr. Georges F. and one other individual [Administrative searches in the context of a state of emergency
  • Decision no. 2016-536 QPC of 19 February 2016 - Human Rights League [Administrative searches and seizures in the event of a state of emergency]
  • Decision no. 2016-535 QPC of 19 February 2016 - Human Rights League [Policing of meetings and public places during a state of emergency]

2015

  • Decision no. 2015-468/469/472 QPC of 22 May 2015 - the company UBER France SAS and another [Chauffeured vehicles - prohibition on "electronic cruising" - charging terms - obligation to return to base]

2014

  • Decision no. 2014-432 QPC of 28 November 2014 - Mr Dominique de L. [Incompatibility of the functions of a member of the armed forces in active service with elected local office]
  • Decision no. 2014-430 QPC of 21 November 2014 - Ms Barbara D. and others [Sales of works and transfer of the right of reproduction]
  • Decision no. 2014-424 QPC of 7 November 2014 - Association Mouvement raëlien international [Legal capacity of associations with registered office abroad]
  • Decision no. 2014-420/421 QPC of 9 October 2014 - Mr Maurice L. and another [Exceptional extension of police custody for the offence of conspiracy to defraud by an organised gang]
  • Decision no. 2014-392 QPC of 25 April 2014 - South Province of New Caledonia [Law adopted by referendum - Employment law in New Caledonia]

2013

  • Decision no. 2013-357 QPC of 29 November 2013 - Société Wesgate Charters Ltd [Inspection of vessels by customs officials]
  • Decision no. 2013-346 QPC of 11 October 2013 - Schuepbach Energy LLC [Prohibition of hydraulic fracking in relation to the exploration and exploitation of hydrocarbons - revocation of licences to prospect]
  • Decision no. 2013-314 QPC of 14 June 2013 - Mr Jeremy F. [Non-availability of appeal in cases involving the extension of the effects of a European arrest warrant]
  • Decision no. 2012-297 QPC of 21 February 2013 - Association for the Promotion and Expansion of Secular Thought [Treatment of pastors from consistorial churches in the Departments of Bas-Rhin, Haut-Rhin and Moselle]

2012

  • Electoral disputes which have been the object of a QPC : Decision no. 2012-4563/4600 A.N. of 18 Octobre 2012 - Hauts-de-Seine (13th district) Mr Julien LANDFRIED and another
  • Decision no. 2012-280 QPC of 12 October 2012 - Groupe Canal Plus and another [Competition Authority: organisation and power of sanction]
  • Decision no. 2012-271 QPC of 21 September 2012 - Association Comité radicalement anti-corrida Europe [the association Committee Radically Against Bullfighting Europe] and another [Criminal immunity in relation to bullfighting]
  • Decision no. 2012-270 QPC of 27 July 2012 - Departmental Federation of Trade Unions of Agricultural Operators from Finistère [Delineation of protection zones for feeder areas for drinking water intakes and the principle of public participation]
  • Decision no. 2012-269 QPC of 27 July 2012 - Departmental Union for the Safeguarding of Life, Nature and the Environment and others [Exceptions from measures to preserve biological heritage and the principle of public participation]
  • Decision no. 2012-268 QPC of 27 July 2012 - Ms Annie M.[Appeal against a decision conferring the status of ward of the State]
  • Decision no. 2012-262 QPC of 13 July 2012 - Association France Nature Environnement [Draft rules and technical requirements applicable to classified environmental protection installations subject to a requirement for authorisation]
  • Decision no. 2012-258 QPC of 22 June 2012 - Établissements Bargibant S.A. [New Caledonia - Validation - Monopoly on the importation of meat]
  • Decision no. 2012-249 QPC of 16 May 2012 - Cryo-Save France [Collection of umbilical cord or placenta blood cells or umbilical cord or placenta cells]
  • Decision no. 2012-235 QPC of 20 April 2012 - Circle for reflection and proposal of initiatives relating to psychiatry [Provisions on psychiatric treatment without consent]
  • Decision no. 2012-228/229 QPC of 6 April 2012 - Mr Kiril Z. [Audio-visual recording of questioning and face-to-face confrontations of persons involved in criminal proceedings]
  • Decision no. 2012-226 QPC of 6 April 2012 - T. et al. [Conditions governing the taking of possession of a property which has been expropriated on the grounds of public interest]
  • Decision no. 2011-223 QPC of 17 february 2012 - Bastia Bar Council [Suspects of terrorist offences held in police custody: appointment of a lawyer]
  • Decision no. 2011-218 QPC of 3 february 2012 - Mr Cédric S. [Conviction of a career officer and demotion resulting in the automatic loss of military status]
  • Decision no. 2011-213 QPC of 27 january 2012 - COFACE [Suspension of legal proceedings in favour of certain repatriates from former overseas territories]
  • Decision no. 2011-212 QPC of 20 january 2012 - Ms Khadija A., wife of M. [Insolvency proceedings: inclusion in assets of spouse's property]
  • Decision no. 2011-208 QPC of 13 january 2012 - B. and associates [Confiscation of merchandise seized by the customs authorities]

2011

  • Decision no. 2011-207 QPC of 16 december 2011 - The company GRANDE BRASSERIE PATRIE SCHUTZENBERGER [Inclusion in the register of historical monuments]
  • Decision no. 2011-200 QPC of 2 december 2011 - Banque Populaire Côte d'Azur [Disciplinary power of the Banking Commission]
  • Decision no. 2011-183/184 QPC of 14 october 2011 - Association France Nature Environnement [Draft nomenclature and general requirements relating to classified installations for the protection of the environment]
  • Decision no. 2011-182 QPC of 14 october 2011 - Mr Pierre T. [Administrative right of way and development for the purpose of fire prevention]
  • Decision no. 2011-181 QPC of 13 october 2011 - Mr Antoine C. [Conscientious objection and calculation of the employee's length of service in the public service]
  • Decision no. 2011-173 QPC of 30 September 2011 - Mr Louis C. and others [Conditions for the performance of genetic testing on deceased persons for the purposes of filiation actions]
  • Decision no. 2011-160 QPC of 9 September 2011 - Mr Hovanes A. [Notification to the parties of definitive requests for charges]
  • Decision no. 2011-133 QPC of 24 June 2011 - Mr Kiril Z. [Enforcement of arrest warrant and a warrant to bring a person before a judge]
  • Decision no. 2011-131 QPC of 20 May 2011 - Ms Térésa C. and another [Defence of truth in respect of defamatory statements made more than ten years previously]
  • Decision no. 2011-126 QPC of 13 May 2011 - the company Système U Centrale Nationale and another [Action by the Minister against anti-competitive practices]
  • Decision no. 2010-92 QPC of 28 January 2011 - Mrs Corinne C. et al [Prohibition of marriage between persons of the same sex]

2010

  • Decision no. 2010-67/86 QPC of 17 December 2010 - Centre region and Poitou-Charentes region [AFPA – Association for Adult Training]
  • Decision no. 2010-31 QPC of 22 September 2010 - Mr Bulent A et al. [Remand in police custody for questioning in cases involving terrorism]