Section 7: Priority question of constitutionality

The plea that a legislative provision infringes the rights and freedoms guaranteed by the Constitution shall be raised, in accordance with the provisions of article 23-1 of order no. 58-1067 of 7 November 1958 on the organic law on the Constitutional Council, on pain of inadmissibility, in a separate, reasoned brief. This brief and, where applicable, the envelope containing it, are marked “question prioritaire de constitutionnalité”.

Inadmissibility based on failure to present, in a separate, reasoned pleading, the plea referred to in Article R.* 532-59, may be asserted without application of Article R. 532-12 and the second paragraph of Article R. 532-26.

Unless it is clear from the separate pleading that there are no grounds for referring the priority question of constitutionality, the other party shall be notified of the pleading. It is given a brief period in which to submit its observations. A copy of the statement of case is sent to the Minister responsible for asylum. .

The National Court of Asylum is not obliged to refer a priority question of constitutionality challenging, on the same grounds, a legislative provision already before the Council of State, the Court of Cassation or the Constitutional Council. If it does not refer the matter for this reason, it shall defer its decision on the merits until it has been informed of the decision of the Conseil d’Etat, the Cour de…

The president of the Cour nationale du droit d’asile or the presidents designated by him for this purpose may, by order, rule on the referral of a priority question of constitutionality.

The application of the provisions of this section shall not prevent the use of the powers that the President of the Cour nationale du droit d’asile and the Presidents appointed for this purpose hold under the provisions of Article R. 532-3.

The parties and the Minister responsible for asylum are notified of the decision ruling on the referral of the priority question of constitutionality, in the manner laid down by Articles R. 532-16 to R. 532-18.The notification of a referral decision states that observations may be submitted to the Council of State, within a period of one month. Notification of a decision refusing to forward an application states that this decision…

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…