Centrul de Drept Constituțional și Instituţii Politice (CDCIP)

Luc Briand – The ordinary judge is the first constitutional judge?

France experienced a legal revolution on 1st of March 2010, a veritable revolution of fundamental rights with the entry into force of the priority issue of constitutionality.

Starting with the priority issue of constitutionality, the law may be contested by an individual in a pending lawsuit in a court of jurisdiction according to the Article 61-1 of the Constitution.

The control is installed by way of exception.

 By filtering the priority issue of constitutionality the genuine culture of fundamental constitutional rights is distributed among the courts of first instance and appeal courts and the Court of Cassation.