The independence of the French Constitutional Council in question.

Authors Publication date
2015
Publication type
Journal Article
Summary In the wake of the pioneering work carried out in the United States over the last twenty years, European studies have recently highlighted the salient flaws in the decision-making process of the Supreme Courts of Portugal, Spain and Italy. A similar study has just been conducted in France on the Constitutional Council, analyzing its functioning and the factors that may have influenced the decisions rendered since 1974. It concludes that the same phenomena can be observed there: the weight of ideological and political considerations in decision-making, reluctance to censure due to a lack of independence, and the need to rethink the appointment mechanisms.
Publisher
Dalloz
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