Regulatory part - Council of State decrees

The parties have a period of one month from the decision to refer the question of constitutionality to the Cour de cassation to make known any observations they may have before the Court. They are signed by a lawyer at the Conseil d’Etat and the Cour de cassation, in accordance with the rules set out in article 585, except where they are submitted by the convicted person, the civil party…

When the priority question of constitutionality is raised in the course of an appeal, the separate pleading provided for in article 23-5 of Order no. 58-1067 of 7 November 1958 shall bear the words: “priority question of constitutionality”. 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…

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 articles R. * 49-30 and R. * 49-31. It sets the date of the hearing at which the priority question of constitutionality will be examined. The Public Prosecutor is notified so that…

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 court registry shall notify the parties of the decision taken by the president of the panel or his delegate pursuant to the first paragraph of Article R. * 49-32, as well as the date of the hearing.