- What is the "Question prioritaire de constitutionnalité" (QPC) ?
(Priority preliminary ruling on constitutionality)
- Constitutional norms (the so-called "Constitutional block")
- Selection of QPC decisions
- More about the Constitutional Council (Conseil constitutionnel)
What is the "Question prioritaire de constitutionnalité" (QPC) ?
A "priority preliminary ruling on constitutionality" is the right for any person involved in legal proceedings before a Court to argue that a statutory provision infringes the rights and freedoms guaranteed by the Constitution.
If the conditions of admissibility are fulfilled, the Constitutional Council, to whom the issue is referred by the Council of State (Conseil d'État), the Supreme Court for administrative justice, or by the Court of Cassation (Cour de Cassation), the Supreme Court for all civil and criminal matters, will give its ruling and, if needed, it will repeal the contested 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. Currently, persons involved in legal proceedings have this right under Article 61-1 of the French Constitution.