What is a priority constitutionality issue (QPC)?

Verified 12 January 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

During a trial before a court judicial or administrativeHowever, you can challenge the law that is being applied if you believe it is contrary to the rights and freedoms guaranteed by the Constitution. You may ask a priority question of constitutionality (QPC) before the case is heard. If all the conditions are met, it is the Constitutional Council that will examine the contested law and decide whether it should no longer be applied.

Infographie - QPC: summary of procedure
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A party to a trial may raise a priority question of constitutionality (QPC) at any point in the proceedings.

The QPC can be raised at first instance, on appeal, in cassation (or in the Conseil d’État).

Several steps must be taken before the Constitutional Council can be seized. It is impossible to grasp it directly.

There can be 3 steps or only the last 2 steps.

1era step: when the trial judge (court or administrative tribunal) or the appeal judge (court of appeal or administrative court of appeal) receives a QPC, he makes an initial check.

There are two choices:

  • if the conditions of the QPC are not met, the QPC is not transmitted to cassation (or to the Conseil d’État). The procedure is resumed.
  • if the conditions of the QPC are met, the QPC is transmitted to cassation (or to the Conseil d’État). The proceedings shall be stayed at first instance or on appeal.

2eme step: when the Court of Cassation or the Council of State receives a QPC, there is a 2nd check.

There are two choices:

  • if the conditions of the QPC are not met, the QPC is not transmitted to the Constitutional Council. The procedure is resumed.
  • if the conditions of the QPC are met, the QPC is transmitted to the Constitutional Council. The proceedings are suspended in the Cour de Cassation or in the Conseil d’État.

3eme step: when the Constitutional Council receives a QPC, two choices are possible:

  • if the law is found to be constitutional, the procedure resumes.
  • if the act is repealed or repealed, it can no longer be enforced.

QPC: summary of procedure

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QPC: summary of procedure - plus de détails dans le texte suivant l’infographie
Crédits: Service Public (DILA)Infographie - QPC: summary of procedure

A party to a trial may raise a priority question of constitutionality (QPC) at any point in the proceedings.

The QPC can be raised at first instance, on appeal, in cassation (or in the Conseil d’État).

Several steps must be taken before the Constitutional Council can be seized. It is impossible to grasp it directly.

There can be 3 steps or only the last 2 steps.

1era step: when the trial judge (court or administrative tribunal) or the appeal judge (court of appeal or administrative court of appeal) receives a QPC, he makes an initial check.

There are two choices:

  • if the conditions of the QPC are not met, the QPC is not transmitted to cassation (or to the Conseil d’État). The procedure is resumed.
  • if the conditions of the QPC are met, the QPC is transmitted to cassation (or to the Conseil d’État). The proceedings shall be stayed at first instance or on appeal.

2eme step: when the Court of Cassation or the Council of State receives a QPC, there is a 2nd check.

There are two choices:

  • if the conditions of the QPC are not met, the QPC is not transmitted to the Constitutional Council. The procedure is resumed.
  • if the conditions of the QPC are met, the QPC is transmitted to the Constitutional Council. The proceedings are suspended in the Cour de Cassation or in the Conseil d’État.

3eme step: when the Constitutional Council receives a QPC, two choices are possible:

  • if the law is found to be constitutional, the procedure resumes.
  • if the act is repealed or repealed, it can no longer be enforced.

During a trial, if you feel that a law is contrary to the rights and freedoms guaranteed by the Constitution, you can ask a QPC before the case is tried.

The QPC will first be examined by the court before which the trial is ongoing.

After examination, it may be transmitted to the Constitutional Council.

The Constitutional Council then judges whether the law complies with the rights and freedoms guaranteed by the Constitution.

Only laws can be challenged in a QPC.

Rights and freedoms guaranteed by the Constitution

Rights and freedoms (e.g. individual freedom) are derived from the 1958 Constitution and the texts referred to in the Preamble of the Constitution.

The Preamble to the Constitution refers to the following texts:

  • Declaration of the Rights of Man and Citizen of 1789 (right to property...)
  • Preamble of the 1946 Constitution (right to strike, freedom of association...)
  • 2004 Environmental Charter

Warning  

you cannot invoke a text of international law such as the European Convention on Human Rights.

Laws concerned

The contested text must be legislative in nature, that is to say, an act or part thereof.

Statutory instruments such as an Order or Order may not be the subject of a QPC.

The contested text must be directly applicable to you. For example, if you are prosecuted for violating a particular section of the law.

Before a case is tried, the parties to a civil or administrative proceeding (applicant and defendant) or a criminal trial (respondent, civil party, public prosecutor's office) can pose a QPC.

The QPC can be asked regardless of the type of dispute (civil, criminal, administrative).

It may be raised at the first trial or in an appeal (call, appeal in cassation or appeal to the Conseil d’État).

In criminal matters, if it's a case criminal, the QPC may be referred only to the court of instruction.

A QPC cannot be placed in front of the court of assize.

The QPC must be in writing and must include a justification, that is, explain why the law is being challenged.

This writing must always be separate from others conclusions data to the court.

If a lawyer is mandatory in a case, it is the lawyer who will ask the QPC before the court or the court.

Who shall I contact

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

The court before which the question is put must make an initial examination.

The court seised of a QPC must consider the following points:

  • Whether the law is applicable to the dispute or procedure
  • If the law has not already been declared constitutional by the Constitutional Council (unless circumstances change)
  • Whether the question asked is of a serious or novel nature

Please note

one table of the Constitutional Council lists the provisions already declared to be in conformity with the Constitution.

When a PQ is filed before a tribunal or appeal court (judicial or administrative), a review must be conducted immediately.

Where a QPC is brought before the Court of Cassation or the Council of State, an examination must be carried out within a period of 3 months.

Répondez aux questions successives et les réponses s’afficheront automatiquement

If the conditions of the QPC are not met

  • If the QPC was filed before a court or appeal court (judicial or administrative), it is not transmitted to the Court of Cassation or the Council of State. The procedure is resumed.
  • If the QPC was referred to the Court of Cassation or the Council of State, it is not forwarded to the Constitutional Council. The procedure is resumed.

FYI  

no recourse is possible if the QPC is not transmitted.

If the conditions of the QPC are met

  • The QPC is transmitted to the Court of Cassation if it has been filed before a court or a court of judicial appeal.
  • The QPC is transmitted to the Council of State if it has been filed before an administrative court or an administrative appeals court.
  • The QPC is transmitted to the Constitutional Council if it has been directly brought before the Court of Cassation or the Council of State.

The Constitutional Council must issue its decision within a period of 3 months.

The parties may submit written observations.

Lawyers may make oral submissions on the day of the hearing. The decision of the Constitutional Council is made public.

Répondez aux questions successives et les réponses s’afficheront automatiquement

If the Constitutional Council declares the law constitutional

The law is maintained, it continues to apply.

However, the Constitutional Council can provide clarification on how to apply the law.

The case can go on.

The law in question continues to apply, possibly taking into account the clarifications of the Constitutional Council.

If the Constitutional Council declares the law to be unconstitutional

The law in question is revoked, that is to say, it is deleted, it can no longer apply.

This deletion can be immediate or postponed to a date set by the Constitutional Council, pending the passage of a new law.

The case may resume, but the law in question can no longer be applied.

Please note

it is impossible to appeal against a decision of the Constitutional Council.

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