Challenging a legislative provision

A priority question of constitutionality allows a person involved in legal proceedings to argue that a legislative provision infringes the rights and freedoms guaranteed by the Constitution.

A regulated review process

The question is raised before the court hearing the dispute. It undergoes judicial screening before it may be referred to the Constitutional Council through the Council of State or the Court of Cassation. Not every challenge therefore automatically leads to a decision by the Constitutional Council.

Why does this procedure matter?

The QPC allows a law already in force to be reviewed against constitutional guarantees, including those derived from the DDHC. If a provision is declared unconstitutional, it is repealed under the conditions set out in the decision. The QPC is not simply an appeal against the outcome of a trial.