New Constitutional Review in France: How Does the French Constitution Finally Speak to its People – or Does It? Dr Marie-Luce Paris, University College.

Slides:

Advertisements

Similar presentations

CJEU CASE C-338/11 – Santander Asset Management SGIIC and Others Judgment of the Court (Third Chamber) of 10 May European Tax Law 32E22000 Mikko.

Advertisements

Irish Centre for European Law Conference The Law of the Lisbon Treaty.

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION Marko Jovanovic, LL.M. MASTER IN EUROPEAN INTEGRATION Private International Law in the.

The fundamentals of EC competition law

Den Europæiske Ombudsmand Der Europäische Bürgerbeauftragte Ο Ευρωπαίος Διαμεσολαβητής The European Ombudsman Il Mediatore Europeo Le Médiateur Européen.

The ‘Costanzo obligation’ of national administrative authorities in the national legal systems of the Member States Maartje Verhoeven, Dubrovnik, April.

International Treaty in EU PIL

EU: Bilateral Agreements of Member States

EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.

Tamara Ćapeta  Comparable to evolutive federations : Article 1 TEU:  “By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves.

The relevance of EU Law and the procedures of the CJEU for the domestic judge Workshop on EU Law on Industrial Emissions Budapest, 3 June 2013 Trier, 11.

The Law of the European Union Information and Communication.

Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.

European Commission Taxation and Customs Union Brussels, 10 November Taxation of International Artistes and Community Law European Commission

European civil procedure law Judicial cooperation in civil matters

Human Rights Act 1998 The European convention on human rights The European convention on human rights The Convention rights The Convention rights How does.

Announcements Final Study Guide posted on course web page. Response Question due in Section tomorrow.

Small claims procedure Regulation (EC) No 861/2007of European Parlament and of the Council of 11 July establishing a European Small Claims Procedure (OJ.

Introduction to EU Civil Judicial Cooperation Dr. Francesco Pesce Assistant Professor in International Law Università degli Studi di Genova (IT)

LGBTI DISCRIMINATION AND PARENT-CHILD RELATIONSHIP: CROSS BORDER MOBILITY OF RAINBOW FAMILIES IN THE EUROPEAN UNION By Elena Falletti Università Cattaneo.

European civil procedure law Judicial cooperation in civil matters.

Structure of the Constitution. Preamble Establishes the purpose of the government as set up by the Constitution Establishes the purpose of the government.

Cyprus, April 2011 Direct effect of EU (VAT) Directives.

Seminar on EC case-law Bedanna Bapuly Brno, 2007 October 15th.

Trends in detention of illegal migrants in European Union By Juris Gromovs Kiev, 7 February 2005.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Private sector interests in legal protection Tomaž Vesel First.

Constitutional Clauses

Court of Justice of the European Union

Tamara Ćapeta  Comparable to evolutive federations : Article 1 TEU:  “By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves.

The European Union Forum of Judges for the Environment Prof. Dr. L. Lavrysen Justice Belgian Constitutional Court President EUFJE.

"Human Rights and the European Union Regulations on Private International Law : the needs to protect the right of family members " Elisabetta Bergamini.

CRIMINAL LAW OF THE EUROPEAN UNION 1 April 2015 THE LISBON TREATY AND CRIMINAL LAW Dr. sc. Zoran Burić Department of Criminal Procedural Law University.

European Labour Law Institutions and their Competencies JUDr. Jana Komendová, Ph.D.

Thomas Fleiner: Class No. 7 Different Systems of Constitutional Review Belgrade Law Faculty Master Course on Comparative Constitutional Law Prof. Thomas.

The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.

Comparative Law Spring 2003 Professor Susanna Fischer FRENCH ADMINISTRATIVE/MISCELLANEOUS COURTS FRENCH CIVIL PROCEDURE March 18, 2003.

Case 105/03 Pupino. Maastrich Treaty Amsterdam Treaty 1999.

European Law in the Case- law of the Constitutional Court of Latvia Kristine Kruma.

THE ROLE OF COURTS AND TRIBUNALS IN ENHANCING ACCESS TO JUSTICE IN ENVIRONMENTAL LITIGATION SEVENTH ANNUAL COLLOQUIUM OF THE IUCN ACADEMY OF ENVIRONMENTAL.

Lost in Translations – An Examination of the Legal & Practical Problems Associated with the Implementation (or Non-Implementation) of Directive 2010/64/EU.

Legal Foundations of European Union Law II Tutorials Karima Amellal.

Comparative constitutional law Tuesday, 16 February 2015 Dr. Davide Paris – Max Planck Institute for Comparative Public Law and International.

MOSCOW, NOVEMBER 2007 ASYLUM AND IMMIGRATION LAW AND POLICY OF THE EU PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS.

Compatibility of ICS in CETA with EU law Presentation by: Laurens Ankersmit GUE CETA conference 31/5/2016.

The fundamental rights of LGBT citizens in Europe – EU legislation and the Charter of Fundamental Rights.

EU Law Law 326.

Seminar on EU Service Directive Budapest, 3 May 2007 Thibaut Partsch

CRIMINAL LAW OF THE EUROPEAN UNION 16 March 2016 HISTORICAL DEVELOPMENT OF EU COMPETENCES IN THE AREA OF CRIMINAL LAW Dr. sc. Zoran Burić University.

EU Legislative Powers: Principles and Procedures

Challenges Today - the Parliaments and their Responsibilities

International Association of Tax Judges

European Union Law Law 326.

European Union Institutions Law Making

EU Competences Tamara Ćapeta 2016.

European Union Law Law 326.

European Union Law Week 6.

Parliamentary and European Law Making Institutions of the European Union Notes:

THE EUROPEAN COURT OF JUSTICE

INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION

THE EUROPEAN COURT OF JUSTICE

European actions.

National Equality Bodies & CJEU Proceedings

CASE C-168/08 Laszlo Hadadi (Hadady) v Csilla Marta Mesko, married name Hadadi (Hadady) JUDGMENT OF THE COURT (Third Chamber) 16 July 2009.

National remedies and national actions

Judicial Training on EU Taxation Law

Constitutional Clauses

The Law of the European Union

Democracy in the EU.

EU Powers Tamara Ćapeta 2014.

Decade of the EU law in Latvia

Presentation transcript:

New Constitutional Review in France: How Does the French Constitution Finally Speak to its People – or Does It? Dr Marie-Luce Paris, University College Dublin ANU Centre for European Studies

2 New Constitutional Review in France If, during proceedings in progress before a court of law, it is claimed that a statutory provision infringes the rights and freedoms guaranteed by the Constitution, the matter may be referred by the Conseil d’État or by the Cour de Cassation to the Constitutional Council, within a determined period. An Institutional Act shall determine the conditions for the application of the present article (Article Constitution)

3 New Constitutional Review in France Application for a Priority Preliminary Ruling on the Issue of Constitutionality Question Prioritaire de Constitutionnalité or QPC

4 New Constitutional Review in France Introduction French Constitutional Law Background Constitutionality Review v. Conventionality Review: The Priority Feature QPC and EU Law: The Supremacy Challenge Example of a QPC Decision: Decision No January 28, 2011 (same-sex marriage) Conclusion

5 New Constitutional Review in France Article 267 TFEU does not preclude Member State legislation which establishes an interlocutory procedure for the review of the constitutionality of national laws, in so far as the other national courts or tribunals remain free to –Refer to the Court of Justice for a PR at whatever stage of the proceedings; –To adopt any measure necessary to ensure provisional judicial protection of the rights conferred under the European legal order; –To set aside at the end of such procedure the national legislative provision at issue if they consider it contrary to EU Law. (Joint Cases C-188/10 & C-189/10 Melki & Abdeli)