Recent Requests For Priority Preliminary Rulings

Author:Mr Siamak Mostafavi, Nicolas André and Alexios Theologitis
Profession:Jones Day
 
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An application for a priority preliminary ruling on the issue of constitutionality (Question prioritaire de constitutionnalité, QPC) is the right of any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by the French Constitution. Three conditions must be met for an application to be ultimately referred by the Conseil d'Etat or the Cour de cassation to the French Constitutional Council (Conseil Constitutionnel):  

The challenged statutory provision must apply to the litigation or proceedings involved or be the basis of such proceedings. The challenged statutory provision must have not been previously found to be compliant to the French Constitution by the Conseil Constitutionnel. The issue raised must...

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