Title Va: The priority constitutionality question

The referral of a priority question of constitutionality to the Cour de cassation shall be governed by the rules set out in Articles 23-1 to 23-3 of Order no. 58-1067 of 7 November 1958 containing the organic law on the Conseil constitutionnel and by the provisions of this chapter.

On pain of inadmissibility, the party claiming that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall present this plea in a separate and reasoned written document, including on the occasion of an appeal against a decision settling all or part of the dispute in proceedings that have given rise to a refusal to refer the priority question of constitutionality. The court must note of its…

The judge who rules on the transfer of the priority question of constitutionality is the judge hearing the proceedings in which that question is raised, subject to the following paragraphs. The judge responsible for the preparation of the case, as well as the judge of the court of appeal responsible for hearing the case, shall rule by order on the transfer of the priority question of constitutionality raised before him….

The court shall rule without delay, in accordance with the rules of procedure applicable to it, on the referral of the priority question of constitutionality, after the public prosecutor has been notified and the parties have been heard or called. The parties shall be notified by any means of the date on which the decision will be handed down. The parties are further advised that they must, where applicable, comply…

The court is not obliged to refer a priority question of constitutionality involving, on the same grounds, a legislative provision already before the Cour de cassation or the Conseil constitutionnel. If the question is not referred for this reason, the court shall defer ruling on the merits until it has been informed of the decision of the Cour de cassation or, as the case may be, of the Constitutional Council.

Refusal to refer the question relieves the court of jurisdiction of the plea in law based on the priority question of constitutionality. However, where this refusal was based exclusively on the finding that the contested legislative provision was not applicable to the dispute or to the proceedings in question, the court may, if it intends to apply this provision when considering the case, retract this refusal and refer the question.

The court registry shall notify the parties and the public prosecutor by any means and without delay of the decision ruling on the transfer of the priority question of constitutionality to the Cour de cassation. In the event of a decision to refer, the notice to the parties shall specify that no appeal lies against the decision and that the parties who intend to submit observations before the Cour de…