Refusal to forward the application relieves the National Court of Asylum of the plea of unconstitutionality. The decision settling the dispute shall refer to the refusal to refer.
The bench may, however, declare the refusal to refer null and void and proceed with the referral, where this refusal was exclusively motivated by the finding that the condition provided for by 1° of article 23-2 of order no. 58-1067 of 7 November 1958 containing the organic law on the Constitutional Council was not met, if it intends to base its decision on the legislative provision that had been the subject of the question that was not referred.