Article en détail     N° 2017/109    Page : 5
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The French Constitutional Council and the European Court of Human Rights

Patrick GAÏA
Professeur à l’Université d’Aix-Marseille
Institut Louis Favoreu-Groupe
d’études et de recherches sur la justice constitutionnelle

The French Constitutional Council and the European Court of Human Rights have had a distant relationship for a long time. This choice was primarily that of the Constitutional Council itself, which, by refusing to check compliance of laws with international conventional law as a whole, deliberately kept the European Convention of Human Rights and the case-law of the Court at a distance from its office. A reconciliation has started since, but the Constitutional Council nevertheless strives to control its rhythm and intensity. This movement of reconciliation is part of a renewed context marked by the introduction of a new mechanism in France: the « Priority Preliminary Ruling on the issue of Constitutionality (QPC) ».

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