Chapter II: Referral by the Cour de cassation of the priority question of constitutionality to the Conseil constitutionnel

The referral by the Cour de cassation of a priority question of constitutionality to the Conseil constitutionnel is governed by the rules defined by articles 23-4 to 23-7 of the aforementioned Order no. 58-1067 of 7 November 1958 and by the provisions of this chapter.

The parties have a period of one month from the date of the transmission decision in which to make known any observations they may have. These are signed by a lawyer at the Conseil d’Etat and at the Cour de cassation, in matters where representation is compulsory before the Cour de cassation.

Where the priority question of constitutionality is raised on appeal, the separate pleading provided for in article 23-5 of Ordonnance n° 58-1067 of 7 November 1958 shall bear the words: “question prioritaire de constitutionnalité”. The other parties to the appeal have one month to submit a statement in response to the priority question of constitutionality. This is drawn up, submitted and communicated in accordance with the rules governing appeals.

The president of the panel to which the case is distributed or his delegate, at the request of one of the parties or of his own motion, may, in urgent cases, reduce the time limit provided for in the articles 126-9 and 126-10. It shall set the date for the hearing at which the priority question of constitutionality will be examined. The Attorney General is notified so that he can…

The Cour de cassation is not obliged to refer to the Conseil constitutionnel a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Conseil constitutionnel. If no referral is made for this reason, it shall defer its decision until the Constitutional Council’s decision has been made.

The clerk’s office shall notify the parties of the decision taken by the chairman of the panel or his delegate pursuant to the first paragraph of article 126-11, as well as the date of the hearing.