CCR №6(109) 2015
Constitutional Council of the French Republic – its formation and prospects for reforming

Abstract

The Constitutional Council as a principal body of constitutional review takes a prominent place in the system of separation of powers in France. The evolution of the Council and the status of its members indicate significant changes in functions and role, which demonstrate an increase of influence on the governmental and even on political process. These changes become especially notable in the last decade. Although the reforming of the Constitutional Council and the constitutional reform in 2008 had only slight impact upon the status of the members, but new powers and a qualitative change in functions reflect the need to continue reform of the Constitutional Council and the procedures of its formation. As the French Constitutional Council moves closer to the classical “European” model of constitutional justice, French politicians and lawyers are expressing the ideas reflecting further necessity of shaping, professionalization and functioning of the Council after those of constitutional courts of other European countries. The article analyzes the processes and ideas aimed at changing the current model. It is quite possible that under the influence of the ECHR and other supranational judiciaries, the Constitutional Council would transform into a genuine constitutional court.

About the author:
Alexey V. Antonov – Counselor of the Department of the Constitutional Court of the Russian Federation

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