00:051. The Constitution as the supreme law.
00:08The Constitution is the highest legal norm in the French domestic legal order.
00:12All public authorities must comply with these provisions, including the President of the Republic, the government, Parliament and the
00:19administrations.
00:20It does not only contain rules relating to the organization of public authorities.
00:24It also protects fundamental freedoms and rights.
00:27These rights are found in particular in the Declaration of the Rights of Man and of the Citizen of 1789, the Preamble
00:33of the 1946 Constitution and the 2004 Charter for the Environment.
00:37The administrative judge must therefore verify that administrative acts comply with the constitutional standards applicable to them.
00:44A decree or order that is contrary to a sufficiently precise constitutional provision may be annulled.
00:502. The freedom of association decision of July 16, 1971.
00:54The Constitutional Council's decision on freedom of association of July 16, 1971, is fundamental in the evolution of constitutional law.
01:02French.
01:03Parliament had adopted a law that established prior control over the creation of associations.
01:08The Constitutional Council was consulted and decided to censure this law in the name of freedom of association, which it
01:13recognized as a fundamental principle recognized by the laws of the Republic.
01:16This decision is of major importance.
01:20The Constitutional Council recognizes a genuine constitutional value in the preamble to the 1958 Constitution and in the text to which it refers.
01:27-this refers to.
01:28This marks the birth of the constitutional bloc, which brings together the various norms of constitutional value used to control the
01:34laws.
01:35This development significantly strengthens the protection of fundamental freedoms and expands the possibilities for controlling legal standards.
01:423. Directly applicable constitutional provisions
01:46Not all constitutional provisions necessarily possess the same legal precision.
01:51Some can be directly invoked before a judge, while others require legislative intervention to determine their
01:57conditions of application.
01:59The ruling on November 29, 1968, according to the reference in your document, illustrates this difficulty.
02:05Repatriates from Algeria were demanding compensation, invoking the national solidarity provided for in the preamble of 1946.
02:13The Council of State considers that this provision is too general to allow, on its own, for obtaining compensation.
02:19The legislator should specify the conditions under which this solidarity should be implemented.
02:25This means that a standard can have constitutional value without being directly enforceable in all situations.
02:314. The right to a normal family life, the Gisti ruling of 1978
02:35The Gisti ruling of December 8, 1978 concerns the family reunification of foreigners legally residing in France.
02:43A decree had temporarily suspended family immigration.
02:46The Council of State examines this measure in light of the 1946 preamble and recognizes the rights of foreigners
02:52regularly settled in France to lead a normal family life.
02:55He infers from this, in particular, the possibility for the foreign nationals concerned to be joined by their spouses and minor children.
03:00subject to applicable conditions.
03:03This decision shows that the administrative judge does not always simply apply the texts mechanically.
03:08It can derive general principles of law from constitutional requirements.
03:135. The Charter for the Environment and the precautionary principle
03:16The 2004 Charter for the Environment has constitutional value.
03:20It therefore imposes obligations on public authorities, particularly in the area of environmental protection.
03:26Article 5 enshrines the precautionary principle.
03:29This principle comes into play when there is a risk of serious and irreversible damage to the environment.
03:34even though scientific knowledge does not yet allow us to confirm it with certainty.
03:39The Annecy joint ruling of October 3, 2008, recognizes the constitutional value of the Charter for the Environment.
03:44and confirms its enforceability against public authorities.
03:47The Association du quartier Léo de Choiseul ruling of July 19, 2010 shows how the precautionary principle can be
03:53invoked against an administrative decision.
03:56The judge verifies, in particular, whether the administration has correctly assessed the risks in light of available scientific knowledge.
04:02The administration cannot therefore ignore environmental requirements when making a decision within its competence.
04:08The key takeaway is that the body of constitutional law is an essential reference point for the control of equality.
04:14It helps to protect fundamental freedoms and to impose constitutional obligations on the administration.
04:20The administration cannot be in the process of being set up.
04:21The administration cannot be in the process of being set up.
04:21Let's go!
