Preliminary constitutionality issues

Since March 1, 2010, any litigant is entitled to raise a preliminary constitutionality issue during the proceedings, contending that a statute or regulation that applies to his/her case breaches the rights and freedoms guaranteed by the Constitution.

This issue is a defense that may be raised before all French courts under the jurisdiction of the Council of State and Court of Cassation, at any stage of the proceedings.

Members of the Bar of the Supreme Courts may develop and argue preliminary constitutionality issues before all administrative courts and before the Court of Cassation. They may also continue before either of the supreme courts a procedure initiated by a lawyer before a lower court. Lastly, they may also continue the procedure before the Constitutional Council.

The Cabinet Briard has long-standing experience with preliminary constitutionality issues as it researched and argued one of the first such issues brought before the Constitutional Council and, since then, regularly raises issues of constitutionality in the cases it handles.