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CONSTEXT000038657451_0
|
CONSTEXT000038657451
| 0 |
QPC
|
Non lieu à statuer
|
Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
|
2019-790
|
2019-06-14
|
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 8 avril 2019 par la Cour de cassation (chambre criminelle, arrêt n° 841 du 2 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la société ENR Grenelle Habitat, M. Laurent A. et Mme Julie A. par Me Audrey Téani, avocate au barreau de Bordeaux. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-790 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 132-2 et L. 522-1 du code de la consommation.
|
Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 8 avril 2019 par la Cour de cassation (chambre criminelle, arrêt n° 841 du 2 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la société ENR Grenelle Habitat, M. Laurent A. et Mme Julie A. par Me Audrey Téani, avocate au barreau de Bordeaux. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-790 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 132-2 et L. 522-1 du code de la consommation.
|
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|
CONSTEXT000038657451_1
|
CONSTEXT000038657451
| 1 |
QPC
|
Non lieu à statuer
|
Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
|
2019-790
|
2019-06-14
|
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la consommation ;- l'ordonnance n° 2016-301 du 14 mars 2016 relative à la partie législative du code de la consommation ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les requérants par Me Bertrand Perier, avocat au Conseil d'État et à la Cour de cassation, et Me Téani, enregistrées le 30 avril 2019 ;- les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour les requérants par Mes Perier et Téani, enregistrées le 15 mai 2019 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Téani, pour les requérants, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 4 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la consommation ;- l'ordonnance n° 2016-301 du 14 mars 2016 relative à la partie législative du code de la consommation ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les requérants par Me Bertrand Perier, avocat au Conseil d'État et à la Cour de cassation, et Me Téani, enregistrées le 30 avril 2019 ;- les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour les requérants par Mes Perier et Téani, enregistrées le 15 mai 2019 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Téani, pour les requérants, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 4 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038657451_2
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CONSTEXT000038657451
| 2 |
QPC
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Non lieu à statuer
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
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2019-790
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2019-06-14
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1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi des articles L. 132-2 et L. 522-1 du code de la consommation dans leur rédaction issue de l'ordonnance du 14 mars 2016 mentionnée ci-dessus.2. L'article L. 132-2 du code de la consommation, dans cette rédaction, prévoit :« Les pratiques commerciales trompeuses mentionnées aux articles L. 121-2 à L. 121-4 sont punies d'un emprisonnement de deux ans et d'une amende de 300 000 euros.« Le montant de l'amende peut être porté, de manière proportionnée aux avantages tirés du délit, à 10 % du chiffre d'affaires moyen annuel, calculé sur les trois derniers chiffres d'affaires annuels connus à la date des faits, ou à 50 % des dépenses engagées pour la réalisation de la publicité ou de la pratique constituant ce délit ».3. L'article L. 522-1 du même code, dans la même rédaction, prévoit :« L'autorité administrative chargée de la concurrence et de la consommation est l'autorité compétente pour prononcer les amendes administratives sanctionnant les manquements aux dispositions mentionnées aux articles L. 511-5, L. 511-6 et L. 511-7 et l'inexécution des mesures d'injonction relatives à des manquements constatés avec les pouvoirs mentionnés aux mêmes articles ».4. Les requérants soutiennent que l'application combinée des articles L. 132-2 et L. 522-1 du code de la consommation
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi des articles L. 132-2 et L. 522-1 du code de la consommation dans leur rédaction issue de l'ordonnance du 14 mars 2016 mentionnée ci-dessus.2. L'article L. 132-2 du code de la consommation, dans cette rédaction, prévoit :« Les pratiques commerciales trompeuses mentionnées aux articles L. 121-2 à L. 121-4 sont punies d'un emprisonnement de deux ans et d'une amende de 300 000 euros.« Le montant de l'amende peut être porté, de manière proportionnée aux avantages tirés du délit, à 10 % du chiffre d'affaires moyen annuel, calculé sur les trois derniers chiffres d'affaires annuels connus à la date des faits, ou à 50 % des dépenses engagées pour la réalisation de la publicité ou de la pratique constituant ce délit ».3. L'article L. 522-1 du même code, dans la même rédaction, prévoit :« L'autorité administrative chargée de la concurrence et de la consommation est l'autorité compétente pour prononcer les amendes administratives sanctionnant les manquements aux dispositions mentionnées aux articles L. 511-5, L. 511-6 et L. 511-7 et l'inexécution des mesures d'injonction relatives à des manquements constatés avec les pouvoirs mentionnés aux mêmes articles ».4. Les requérants soutiennent que l'application combinée des articles L. 132-2 et L. 522-1 du code de la consommation
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CONSTEXT000038657451_3
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CONSTEXT000038657451
| 3 |
QPC
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Non lieu à statuer
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
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2019-790
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2019-06-14
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à des manquements constatés avec les pouvoirs mentionnés aux mêmes articles ».4. Les requérants soutiennent que l'application combinée des articles L. 132-2 et L. 522-1 du code de la consommation méconnaîtrait les principes de nécessité et de proportionnalité des peines en permettant un cumul de sanctions administrative et pénale à raison des mêmes faits. En effet, selon eux, l'article L. 522-1 du code de la consommation permet à l'autorité administrative chargée de la concurrence et de la consommation de prononcer des amendes administratives pour sanctionner les pratiques commerciales trompeuses, qui sont, par ailleurs, réprimées pénalement par l'article L. 132-2 du même code.5. Il découle de l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789 que le principe de nécessité des délits et des peines ne fait pas obstacle à ce que les mêmes faits commis par une même personne puissent faire l'objet de poursuites différentes aux fins de sanctions de nature différente en application de corps de règles distincts. Le contrôle de la conformité d'un cumul de poursuites à ce principe impose de déterminer les faits qui sont poursuivis et sanctionnés, les intérêts sociaux qui sont protégés par l'instauration des sanctions et la nature de ces dernières. Ainsi, pour que le Conseil constitutionnel puisse, dans le cadre d'une question prioritaire de constitutionnalité, contrôler la conformité à ce principe d'une disposition législative instituant une sanction ayant le
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
à des manquements constatés avec les pouvoirs mentionnés aux mêmes articles ».4. Les requérants soutiennent que l'application combinée des articles L. 132-2 et L. 522-1 du code de la consommation méconnaîtrait les principes de nécessité et de proportionnalité des peines en permettant un cumul de sanctions administrative et pénale à raison des mêmes faits. En effet, selon eux, l'article L. 522-1 du code de la consommation permet à l'autorité administrative chargée de la concurrence et de la consommation de prononcer des amendes administratives pour sanctionner les pratiques commerciales trompeuses, qui sont, par ailleurs, réprimées pénalement par l'article L. 132-2 du même code.5. Il découle de l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789 que le principe de nécessité des délits et des peines ne fait pas obstacle à ce que les mêmes faits commis par une même personne puissent faire l'objet de poursuites différentes aux fins de sanctions de nature différente en application de corps de règles distincts. Le contrôle de la conformité d'un cumul de poursuites à ce principe impose de déterminer les faits qui sont poursuivis et sanctionnés, les intérêts sociaux qui sont protégés par l'instauration des sanctions et la nature de ces dernières. Ainsi, pour que le Conseil constitutionnel puisse, dans le cadre d'une question prioritaire de constitutionnalité, contrôler la conformité à ce principe d'une disposition législative instituant une sanction ayant le
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CONSTEXT000038657451_4
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CONSTEXT000038657451
| 4 |
QPC
|
Non lieu à statuer
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
|
2019-790
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2019-06-14
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le Conseil constitutionnel puisse, dans le cadre d'une question prioritaire de constitutionnalité, contrôler la conformité à ce principe d'une disposition législative instituant une sanction ayant le caractère de punition, il est nécessaire que le requérant désigne, au cours de la procédure, la disposition instituant l'autre sanction entraînant le cumul dénoncé.6. Or, les articles L. 121-2 à L. 121-4 du code de la consommation, qui figurent à la section 1 du chapitre Ier du titre II du livre Ier de ce code, définissent les pratiques commerciales trompeuses. L'article L. 132-2 du même code réprime pénalement ces pratiques.7. L'article L. 522-1 du code de la consommation se borne à donner compétence à l'autorité administrative chargée de la concurrence et de la consommation pour prononcer les amendes administratives sanctionnant les manquements aux dispositions mentionnées aux articles L. 511-5, L. 511-6 et L. 511-7 du même code. Il n'a ni pour objet ni pour effet d'instituer une sanction administrative. Le renvoi à l'article L. 511-5, lequel mentionne la section 1 du chapitre Ier du titre II du livre Ier du code de la consommation, n'a, en tout état de cause, pas davantage cet effet. 8. Dès lors, il ne saurait résulter des articles L. 132-2 et L. 522-1 du code de la consommation un cumul de poursuites. 9. Par suite, en l'absence de désignation par les requérants de l'autre disposition législative entraînant le cumul dénoncé, il n'y a pas lieu pour le Conseil constitutionnel
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
le Conseil constitutionnel puisse, dans le cadre d'une question prioritaire de constitutionnalité, contrôler la conformité à ce principe d'une disposition législative instituant une sanction ayant le caractère de punition, il est nécessaire que le requérant désigne, au cours de la procédure, la disposition instituant l'autre sanction entraînant le cumul dénoncé.6. Or, les articles L. 121-2 à L. 121-4 du code de la consommation, qui figurent à la section 1 du chapitre Ier du titre II du livre Ier de ce code, définissent les pratiques commerciales trompeuses. L'article L. 132-2 du même code réprime pénalement ces pratiques.7. L'article L. 522-1 du code de la consommation se borne à donner compétence à l'autorité administrative chargée de la concurrence et de la consommation pour prononcer les amendes administratives sanctionnant les manquements aux dispositions mentionnées aux articles L. 511-5, L. 511-6 et L. 511-7 du même code. Il n'a ni pour objet ni pour effet d'instituer une sanction administrative. Le renvoi à l'article L. 511-5, lequel mentionne la section 1 du chapitre Ier du titre II du livre Ier du code de la consommation, n'a, en tout état de cause, pas davantage cet effet. 8. Dès lors, il ne saurait résulter des articles L. 132-2 et L. 522-1 du code de la consommation un cumul de poursuites. 9. Par suite, en l'absence de désignation par les requérants de l'autre disposition législative entraînant le cumul dénoncé, il n'y a pas lieu pour le Conseil constitutionnel
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CONSTEXT000038657451_5
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CONSTEXT000038657451
| 5 |
QPC
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Non lieu à statuer
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
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2019-790
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2019-06-14
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un cumul de poursuites. 9. Par suite, en l'absence de désignation par les requérants de l'autre disposition législative entraînant le cumul dénoncé, il n'y a pas lieu pour le Conseil constitutionnel de statuer sur la question prioritaire de constitutionnalité.
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
un cumul de poursuites. 9. Par suite, en l'absence de désignation par les requérants de l'autre disposition législative entraînant le cumul dénoncé, il n'y a pas lieu pour le Conseil constitutionnel de statuer sur la question prioritaire de constitutionnalité.
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CONSTEXT000038657451_6
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CONSTEXT000038657451
| 6 |
QPC
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Non lieu à statuer
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
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2019-790
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2019-06-14
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Il n'y a pas lieu, pour le Conseil constitutionnel, de statuer sur la question prioritaire de constitutionnalité portant sur les articles L. 132-2 et L. 522-1 du code de la consommation.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 13 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 14 juin 2019.
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Société ENR Grenelle Habitat et autres [Répression pénale des pratiques commerciales trompeuses et autorité compétente pour prononcer des amendes administratives en matière de consommation]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Il n'y a pas lieu, pour le Conseil constitutionnel, de statuer sur la question prioritaire de constitutionnalité portant sur les articles L. 132-2 et L. 522-1 du code de la consommation.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 13 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 14 juin 2019.
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CONSTEXT000038657449_0
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, le 10 avril 2019, par le président de l'Assemblée nationale, sous le n° 2019-1 RIP, conformément au quatrième alinéa de l'article 11 et au premier alinéa de l'article 61 de la Constitution, de la proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris.
Au vu des textes suivants :- la Constitution, notamment ses articles 11 et 40 ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment son article 45-2 ;- la loi organique n° 2013-1114 du 6 décembre 2013 portant application de l'article 11 de la Constitution, ensemble la décision du Conseil constitutionnel n° 2013-681 DC du 5 décembre 2013 ;Au vu des pièces suivantes :- les observations du Gouvernement, enregistrées les 23 avril 2019 ;- les observations de M. Sébastien Nadot, député, enregistrées le même jour ;- les observations en réponse de Mme Valérie Rabault et plusieurs autres députés, enregistrées le 29 avril 2019 ;- les observations en réponse de M. Gilles Carrez, député, enregistrées le même jour ; - les observations en réponse de M. Patrick Kanner, sénateur, enregistrées le même jour ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, le 10 avril 2019, par le président de l'Assemblée nationale, sous le n° 2019-1 RIP, conformément au quatrième alinéa de l'article 11 et au premier alinéa de l'article 61 de la Constitution, de la proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris.
Au vu des textes suivants :- la Constitution, notamment ses articles 11 et 40 ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment son article 45-2 ;- la loi organique n° 2013-1114 du 6 décembre 2013 portant application de l'article 11 de la Constitution, ensemble la décision du Conseil constitutionnel n° 2013-681 DC du 5 décembre 2013 ;Au vu des pièces suivantes :- les observations du Gouvernement, enregistrées les 23 avril 2019 ;- les observations de M. Sébastien Nadot, député, enregistrées le même jour ;- les observations en réponse de Mme Valérie Rabault et plusieurs autres députés, enregistrées le 29 avril 2019 ;- les observations en réponse de M. Gilles Carrez, député, enregistrées le même jour ; - les observations en réponse de M. Patrick Kanner, sénateur, enregistrées le même jour ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038657449_1
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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1. La proposition de loi soumise à l'examen du Conseil constitutionnel a été déposée sur le bureau de l'Assemblée nationale, en application du troisième alinéa de l'article 11 de la Constitution.2. Aux termes des premier, troisième, quatrième et sixième alinéas de l'article 11 de la Constitution : « Le Président de la République, sur proposition du Gouvernement pendant la durée des sessions ou sur proposition conjointe des deux assemblées, publiées au Journal officiel, peut soumettre au référendum tout projet de loi portant sur l'organisation des pouvoirs publics, sur des réformes relatives à la politique économique, sociale ou environnementale de la nation et aux services publics qui y concourent, ou tendant à autoriser la ratification d'un traité qui, sans être contraire à la Constitution, aurait des incidences sur le fonctionnement des institutions. »« Un référendum portant sur un objet mentionné au premier alinéa peut être organisé à l'initiative d'un cinquième des membres du Parlement, soutenue par un dixième des électeurs inscrits sur les listes électorales. Cette initiative prend la forme d'une proposition de loi et ne peut avoir pour objet l'abrogation d'une disposition législative promulguée depuis moins d'un an ».« Les conditions de sa présentation et celles dans lesquelles le Conseil constitutionnel contrôle le respect des dispositions de l'alinéa précédent sont déterminées par une loi organique. »« Lorsque la proposition de loi n'est pas adoptée par le peuple
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
1. La proposition de loi soumise à l'examen du Conseil constitutionnel a été déposée sur le bureau de l'Assemblée nationale, en application du troisième alinéa de l'article 11 de la Constitution.2. Aux termes des premier, troisième, quatrième et sixième alinéas de l'article 11 de la Constitution : « Le Président de la République, sur proposition du Gouvernement pendant la durée des sessions ou sur proposition conjointe des deux assemblées, publiées au Journal officiel, peut soumettre au référendum tout projet de loi portant sur l'organisation des pouvoirs publics, sur des réformes relatives à la politique économique, sociale ou environnementale de la nation et aux services publics qui y concourent, ou tendant à autoriser la ratification d'un traité qui, sans être contraire à la Constitution, aurait des incidences sur le fonctionnement des institutions. »« Un référendum portant sur un objet mentionné au premier alinéa peut être organisé à l'initiative d'un cinquième des membres du Parlement, soutenue par un dixième des électeurs inscrits sur les listes électorales. Cette initiative prend la forme d'une proposition de loi et ne peut avoir pour objet l'abrogation d'une disposition législative promulguée depuis moins d'un an ».« Les conditions de sa présentation et celles dans lesquelles le Conseil constitutionnel contrôle le respect des dispositions de l'alinéa précédent sont déterminées par une loi organique. »« Lorsque la proposition de loi n'est pas adoptée par le peuple
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CONSTEXT000038657449_2
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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le Conseil constitutionnel contrôle le respect des dispositions de l'alinéa précédent sont déterminées par une loi organique. »« Lorsque la proposition de loi n'est pas adoptée par le peuple français, aucune nouvelle proposition de référendum portant sur le même sujet ne peut être présentée avant l'expiration d'un délai de deux ans suivant la date du scrutin ». 3. Aux termes de l'article 45-2 de l'ordonnance du 7 novembre 1958 mentionnée ci-dessus : « Le Conseil constitutionnel vérifie, dans le délai d'un mois à compter de la transmission de la proposition de loi :« 1° Que la proposition de loi est présentée par au moins un cinquième des membres du Parlement, ce cinquième étant calculé sur le nombre des sièges effectivement pourvus à la date d'enregistrement de la saisine par le Conseil constitutionnel, arrondi au chiffre immédiatement supérieur en cas de fraction ;« 2° Que son objet respecte les conditions posées aux troisième et sixième alinéas de l'article 11 de la Constitution, les délais qui y sont mentionnés étant calculés à la date d'enregistrement de la saisine par le Conseil constitutionnel ;« 3° Et qu'aucune disposition de la proposition de loi n'est contraire à la Constitution ». 4. En premier lieu, la proposition de loi a été présentée par au moins un cinquième des membres du Parlement à la date d'enregistrement de la saisine du Conseil constitutionnel. 5. En deuxième lieu, elle a pour objet de prévoir que « l'aménagement, l'exploitation et le développement des
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
le Conseil constitutionnel contrôle le respect des dispositions de l'alinéa précédent sont déterminées par une loi organique. »« Lorsque la proposition de loi n'est pas adoptée par le peuple français, aucune nouvelle proposition de référendum portant sur le même sujet ne peut être présentée avant l'expiration d'un délai de deux ans suivant la date du scrutin ». 3. Aux termes de l'article 45-2 de l'ordonnance du 7 novembre 1958 mentionnée ci-dessus : « Le Conseil constitutionnel vérifie, dans le délai d'un mois à compter de la transmission de la proposition de loi :« 1° Que la proposition de loi est présentée par au moins un cinquième des membres du Parlement, ce cinquième étant calculé sur le nombre des sièges effectivement pourvus à la date d'enregistrement de la saisine par le Conseil constitutionnel, arrondi au chiffre immédiatement supérieur en cas de fraction ;« 2° Que son objet respecte les conditions posées aux troisième et sixième alinéas de l'article 11 de la Constitution, les délais qui y sont mentionnés étant calculés à la date d'enregistrement de la saisine par le Conseil constitutionnel ;« 3° Et qu'aucune disposition de la proposition de loi n'est contraire à la Constitution ». 4. En premier lieu, la proposition de loi a été présentée par au moins un cinquième des membres du Parlement à la date d'enregistrement de la saisine du Conseil constitutionnel. 5. En deuxième lieu, elle a pour objet de prévoir que « l'aménagement, l'exploitation et le développement des
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CONSTEXT000038657449_3
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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membres du Parlement à la date d'enregistrement de la saisine du Conseil constitutionnel. 5. En deuxième lieu, elle a pour objet de prévoir que « l'aménagement, l'exploitation et le développement des aérodromes de Paris-Charles-de-Gaulle, Paris-Orly et de Paris-Le Bourget revêtent le caractère d'un service public national au sens du neuvième alinéa du préambule de la Constitution du 27 octobre 1946 ».6. Il en résulte que cette proposition de loi porte sur la politique économique de la nation et les services publics qui y concourent. Elle relève donc bien d'un des objets mentionnés au premier alinéa de l'article 11 de la Constitution. 7. Par ailleurs, à la date d'enregistrement de la saisine, elle n'avait pas pour objet l'abrogation d'une disposition législative promulguée depuis moins d'un an. Et aucune proposition de loi portant sur le même sujet n'avait été soumise au référendum depuis deux ans. 8. En dernier lieu, aux termes du neuvième alinéa du Préambule de 1946 : « Tout bien, toute entreprise, dont l'exploitation a ou acquiert les caractères d'un service public national ou d'un monopole de fait, doit devenir la propriété de la collectivité ». Si la nécessité de certains services publics nationaux découle de principes ou de règles de valeur constitutionnelle, la détermination des autres activités qui doivent être érigées en service public national est laissée à l'appréciation du législateur ou de l'autorité réglementaire selon les cas. 9. L'aménagement, l'exploitation
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
membres du Parlement à la date d'enregistrement de la saisine du Conseil constitutionnel. 5. En deuxième lieu, elle a pour objet de prévoir que « l'aménagement, l'exploitation et le développement des aérodromes de Paris-Charles-de-Gaulle, Paris-Orly et de Paris-Le Bourget revêtent le caractère d'un service public national au sens du neuvième alinéa du préambule de la Constitution du 27 octobre 1946 ».6. Il en résulte que cette proposition de loi porte sur la politique économique de la nation et les services publics qui y concourent. Elle relève donc bien d'un des objets mentionnés au premier alinéa de l'article 11 de la Constitution. 7. Par ailleurs, à la date d'enregistrement de la saisine, elle n'avait pas pour objet l'abrogation d'une disposition législative promulguée depuis moins d'un an. Et aucune proposition de loi portant sur le même sujet n'avait été soumise au référendum depuis deux ans. 8. En dernier lieu, aux termes du neuvième alinéa du Préambule de 1946 : « Tout bien, toute entreprise, dont l'exploitation a ou acquiert les caractères d'un service public national ou d'un monopole de fait, doit devenir la propriété de la collectivité ». Si la nécessité de certains services publics nationaux découle de principes ou de règles de valeur constitutionnelle, la détermination des autres activités qui doivent être érigées en service public national est laissée à l'appréciation du législateur ou de l'autorité réglementaire selon les cas. 9. L'aménagement, l'exploitation
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CONSTEXT000038657449_4
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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des autres activités qui doivent être érigées en service public national est laissée à l'appréciation du législateur ou de l'autorité réglementaire selon les cas. 9. L'aménagement, l'exploitation et le développement des aérodromes de Paris-Charles-de-Gaulle, Paris-Orly et Paris-Le Bourget ne constituent pas un service public national dont la nécessité découlerait de principes ou de règles de valeur constitutionnelle. La proposition de loi, qui a pour objet d'ériger ces activités en service public national, ne comporte pas par elle-même d'erreur manifeste d'appréciation au regard du neuvième alinéa du Préambule de la Constitution de 1946.10. Il résulte de tout ce qui précède que la proposition de loi est conforme aux conditions fixées par l'article 11 de la Constitution et par l'article 45-2 de l'ordonnance du 7 novembre 1958 tels qu'ils sont rédigés.11. Dès lors, l'ouverture de la période de recueil des soutiens des électeurs à la proposition de loi doit intervenir dans le mois suivant la publication au Journal officiel de la République française de la présente décision. Le nombre de soutiens d'électeurs inscrits sur les listes électorales à recueillir est de 4 717 396.
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
des autres activités qui doivent être érigées en service public national est laissée à l'appréciation du législateur ou de l'autorité réglementaire selon les cas. 9. L'aménagement, l'exploitation et le développement des aérodromes de Paris-Charles-de-Gaulle, Paris-Orly et Paris-Le Bourget ne constituent pas un service public national dont la nécessité découlerait de principes ou de règles de valeur constitutionnelle. La proposition de loi, qui a pour objet d'ériger ces activités en service public national, ne comporte pas par elle-même d'erreur manifeste d'appréciation au regard du neuvième alinéa du Préambule de la Constitution de 1946.10. Il résulte de tout ce qui précède que la proposition de loi est conforme aux conditions fixées par l'article 11 de la Constitution et par l'article 45-2 de l'ordonnance du 7 novembre 1958 tels qu'ils sont rédigés.11. Dès lors, l'ouverture de la période de recueil des soutiens des électeurs à la proposition de loi doit intervenir dans le mois suivant la publication au Journal officiel de la République française de la présente décision. Le nombre de soutiens d'électeurs inscrits sur les listes électorales à recueillir est de 4 717 396.
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CONSTEXT000038657449_5
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CONSTEXT000038657449
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RIP
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Conformité
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
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2019-1
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2019-05-09
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - La proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris est conforme aux conditions fixées par l'article 11 de la Constitution et par l'article 45-2 de l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel. Article 2. - L'ouverture de la période de recueil des soutiens des électeurs à la proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris doit intervenir dans le mois suivant la publication au Journal officiel de la présente décision. Article 3. - Jusqu'à l'intervention de la décision par laquelle le Conseil constitutionnel constatera si la proposition de loi a recueilli le soutien d'au moins 4 717 396 électeurs inscrits sur les listes électorales, l'examen de la proposition de loi par le Parlement est suspendu. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 9 mai 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT. Rendu public le 9 mai 2019.
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Proposition de loi visant à affirmer le caractère de service public national de l’exploitation des aérodromes de Paris
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - La proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris est conforme aux conditions fixées par l'article 11 de la Constitution et par l'article 45-2 de l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel. Article 2. - L'ouverture de la période de recueil des soutiens des électeurs à la proposition de loi visant à affirmer le caractère de service public national de l'exploitation des aérodromes de Paris doit intervenir dans le mois suivant la publication au Journal officiel de la présente décision. Article 3. - Jusqu'à l'intervention de la décision par laquelle le Conseil constitutionnel constatera si la proposition de loi a recueilli le soutien d'au moins 4 717 396 électeurs inscrits sur les listes électorales, l'examen de la proposition de loi par le Parlement est suspendu. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 9 mai 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT. Rendu public le 9 mai 2019.
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CONSTEXT000038657450_0
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CONSTEXT000038657450
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QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 27 mars 2019 par le Conseil d'État (décision n° 424289 du même jour), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour Mme Hanen S. par la SCP Delamarre et Jéhannin, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-789 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 114-19, L. 114-20 et L. 114-21 du code de la sécurité sociale.
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 27 mars 2019 par le Conseil d'État (décision n° 424289 du même jour), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour Mme Hanen S. par la SCP Delamarre et Jéhannin, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-789 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 114-19, L. 114-20 et L. 114-21 du code de la sécurité sociale.
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CONSTEXT000038657450_1
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CONSTEXT000038657450
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QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code des postes et des communications électroniques ;- le code de la sécurité sociale ;- le livre des procédures fiscales ;- la loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique ;- la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008 ;- la loi n° 2015-1702 du 21 décembre 2015 de financement de la sécurité sociale pour 2016 ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour la requérante par la SCP Delamarre et Jéhannin, enregistrées le 16 avril 2019 ; - les observations présentées pour la caisse d'allocations familiales de l'Isère, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par Me Jean-Jacques Gatineau, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 17 avril 2019 ;- les observations présentées par le Premier ministre, enregistrées le 18 avril 2019 ;- les observations en intervention présentées pour la caisse nationale d'allocations familiales par la SCP Foussard-Froger, avocat au Conseil d'État et à la Cour de cassation, enregistrées le même jour ;- les observations en intervention présentées pour les associations La Quadrature du Net et
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code des postes et des communications électroniques ;- le code de la sécurité sociale ;- le livre des procédures fiscales ;- la loi n° 2004-575 du 21 juin 2004 pour la confiance dans l'économie numérique ;- la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008 ;- la loi n° 2015-1702 du 21 décembre 2015 de financement de la sécurité sociale pour 2016 ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour la requérante par la SCP Delamarre et Jéhannin, enregistrées le 16 avril 2019 ; - les observations présentées pour la caisse d'allocations familiales de l'Isère, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par Me Jean-Jacques Gatineau, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 17 avril 2019 ;- les observations présentées par le Premier ministre, enregistrées le 18 avril 2019 ;- les observations en intervention présentées pour la caisse nationale d'allocations familiales par la SCP Foussard-Froger, avocat au Conseil d'État et à la Cour de cassation, enregistrées le même jour ;- les observations en intervention présentées pour les associations La Quadrature du Net et
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CONSTEXT000038657450_2
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CONSTEXT000038657450
| 2 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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par la SCP Foussard-Froger, avocat au Conseil d'État et à la Cour de cassation, enregistrées le même jour ;- les observations en intervention présentées pour les associations La Quadrature du Net et Franciliens.net par Me Alexis Fitzjean Ó Cobhthaigh, avocat au barreau de Paris, enregistrées le même jour ;- les secondes observations présentées pour la caisse d'allocations familiales de l'Isère par Me Gatineau, enregistrées le 2 mai 2019 ;- les secondes observations présentées pour la caisse nationale d'allocations familiales par la SCP Foussard-Froger, enregistrées le 9 mai 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Manuel Delamarre, avocat au Conseil d'État et à la Cour de cassation, pour la requérante, Me Gatineau, pour la caisse d'allocations familiales de l'Isère, Me Fitzjean Ó Cobhthaigh, pour les associations intervenantes, Me Régis Froger, avocat au Conseil d'État et à la Cour de cassation, pour la caisse nationale d'allocations familiales, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 4 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
par la SCP Foussard-Froger, avocat au Conseil d'État et à la Cour de cassation, enregistrées le même jour ;- les observations en intervention présentées pour les associations La Quadrature du Net et Franciliens.net par Me Alexis Fitzjean Ó Cobhthaigh, avocat au barreau de Paris, enregistrées le même jour ;- les secondes observations présentées pour la caisse d'allocations familiales de l'Isère par Me Gatineau, enregistrées le 2 mai 2019 ;- les secondes observations présentées pour la caisse nationale d'allocations familiales par la SCP Foussard-Froger, enregistrées le 9 mai 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Manuel Delamarre, avocat au Conseil d'État et à la Cour de cassation, pour la requérante, Me Gatineau, pour la caisse d'allocations familiales de l'Isère, Me Fitzjean Ó Cobhthaigh, pour les associations intervenantes, Me Régis Froger, avocat au Conseil d'État et à la Cour de cassation, pour la caisse nationale d'allocations familiales, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 4 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038657450_3
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CONSTEXT000038657450
| 3 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article L. 114-19 du code de la sécurité sociale dans sa rédaction résultant de la loi du 21 décembre 2015 mentionnée ci-dessus et des articles L. 114-20 et L. 114-21 du même code dans leur rédaction résultant de la loi du 19 décembre 2007 mentionnée ci-dessus.2. L'article L. 114-19 du code de la sécurité sociale, dans cette rédaction, prévoit : « Le droit de communication permet d'obtenir, sans que s'y oppose le secret professionnel, les documents et informations nécessaires :« 1° Aux agents des organismes chargés de la gestion d'un régime obligatoire de sécurité sociale pour contrôler la sincérité et l'exactitude des déclarations souscrites ou l'authenticité des pièces produites en vue de l'attribution et du paiement des prestations servies par lesdits organismes ;« 2° Aux agents chargés du contrôle mentionnés aux articles L. 243-7 du présent code et L. 724-7 du code rural et de la pêche maritime pour accomplir leurs missions de contrôle définies aux mêmes articles et leur mission de lutte contre le travail dissimulé définie à l'article L. 324-12 du code du travail ;« 3° Aux agents de contrôle des organismes de sécurité sociale pour recouvrer les prestations versées indûment à des tiers.« Le droit prévu au premier alinéa peut porter sur des informations
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article L. 114-19 du code de la sécurité sociale dans sa rédaction résultant de la loi du 21 décembre 2015 mentionnée ci-dessus et des articles L. 114-20 et L. 114-21 du même code dans leur rédaction résultant de la loi du 19 décembre 2007 mentionnée ci-dessus.2. L'article L. 114-19 du code de la sécurité sociale, dans cette rédaction, prévoit : « Le droit de communication permet d'obtenir, sans que s'y oppose le secret professionnel, les documents et informations nécessaires :« 1° Aux agents des organismes chargés de la gestion d'un régime obligatoire de sécurité sociale pour contrôler la sincérité et l'exactitude des déclarations souscrites ou l'authenticité des pièces produites en vue de l'attribution et du paiement des prestations servies par lesdits organismes ;« 2° Aux agents chargés du contrôle mentionnés aux articles L. 243-7 du présent code et L. 724-7 du code rural et de la pêche maritime pour accomplir leurs missions de contrôle définies aux mêmes articles et leur mission de lutte contre le travail dissimulé définie à l'article L. 324-12 du code du travail ;« 3° Aux agents de contrôle des organismes de sécurité sociale pour recouvrer les prestations versées indûment à des tiers.« Le droit prévu au premier alinéa peut porter sur des informations
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CONSTEXT000038657450_4
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CONSTEXT000038657450
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QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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travail ;« 3° Aux agents de contrôle des organismes de sécurité sociale pour recouvrer les prestations versées indûment à des tiers.« Le droit prévu au premier alinéa peut porter sur des informations relatives à des personnes non identifiées, dans des conditions fixées par décret en Conseil d'État pris après avis de la Commission nationale de l'informatique et des libertés.« Le droit prévu au premier alinéa s'exerce quel que soit le support utilisé pour la conservation des documents et peut s'accompagner de la prise immédiate d'extraits et de copies.« Les documents et informations sont communiqués à titre gratuit dans les trente jours qui suivent la réception de la demande.« Le refus de déférer à une demande relevant du présent article est puni d'une amende de 1 500 € par cotisant, assuré ou allocataire concerné, sans que le total de l'amende puisse être supérieur à 10 000 €.« Ce délit peut faire l'objet de la procédure simplifiée de l'ordonnance pénale prévue aux articles 495 à 495-6 du code de procédure pénale ».
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
travail ;« 3° Aux agents de contrôle des organismes de sécurité sociale pour recouvrer les prestations versées indûment à des tiers.« Le droit prévu au premier alinéa peut porter sur des informations relatives à des personnes non identifiées, dans des conditions fixées par décret en Conseil d'État pris après avis de la Commission nationale de l'informatique et des libertés.« Le droit prévu au premier alinéa s'exerce quel que soit le support utilisé pour la conservation des documents et peut s'accompagner de la prise immédiate d'extraits et de copies.« Les documents et informations sont communiqués à titre gratuit dans les trente jours qui suivent la réception de la demande.« Le refus de déférer à une demande relevant du présent article est puni d'une amende de 1 500 € par cotisant, assuré ou allocataire concerné, sans que le total de l'amende puisse être supérieur à 10 000 €.« Ce délit peut faire l'objet de la procédure simplifiée de l'ordonnance pénale prévue aux articles 495 à 495-6 du code de procédure pénale ».
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CONSTEXT000038657450_5
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CONSTEXT000038657450
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QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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3. L'article L. 114-20 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 19 décembre 2007, prévoit : « Sans préjudice des autres dispositions législatives applicables en matière d'échanges d'informations, le droit de communication défini à l'article L. 114-19 est exercé dans les conditions prévues et auprès des personnes mentionnées à la section 1 du chapitre II du titre II du livre des procédures fiscales à l'exception des personnes mentionnées aux articles L. 82 C, L. 83 A, L. 83 B, L. 84, L. 84 A, L. 91, L. 95 et L. 96 B à L. 96 F ».
4. L'article L. 114-21 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 19 décembre 2007, prévoit : « L'organisme ayant usé du droit de communication en application de l'article L. 114-19 est tenu d'informer la personne physique ou morale à l'encontre de laquelle est prise la décision de supprimer le service d'une prestation ou de mettre des sommes en recouvrement, de la teneur et de l'origine des informations et documents obtenus auprès de tiers sur lesquels il s'est fondé pour prendre cette décision. Il communique, avant la mise en recouvrement ou la suppression du service de la prestation, une copie des documents susmentionnés à la personne qui en fait la demande ».
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
3. L'article L. 114-20 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 19 décembre 2007, prévoit : « Sans préjudice des autres dispositions législatives applicables en matière d'échanges d'informations, le droit de communication défini à l'article L. 114-19 est exercé dans les conditions prévues et auprès des personnes mentionnées à la section 1 du chapitre II du titre II du livre des procédures fiscales à l'exception des personnes mentionnées aux articles L. 82 C, L. 83 A, L. 83 B, L. 84, L. 84 A, L. 91, L. 95 et L. 96 B à L. 96 F ».
4. L'article L. 114-21 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 19 décembre 2007, prévoit : « L'organisme ayant usé du droit de communication en application de l'article L. 114-19 est tenu d'informer la personne physique ou morale à l'encontre de laquelle est prise la décision de supprimer le service d'une prestation ou de mettre des sommes en recouvrement, de la teneur et de l'origine des informations et documents obtenus auprès de tiers sur lesquels il s'est fondé pour prendre cette décision. Il communique, avant la mise en recouvrement ou la suppression du service de la prestation, une copie des documents susmentionnés à la personne qui en fait la demande ».
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CONSTEXT000038657450_6
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CONSTEXT000038657450
| 6 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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5. La requérante et les associations intervenantes reprochent de méconnaître le droit au respect de la vie privée à ces dispositions, qui régissent l'usage par les agents des organismes de sécurité sociale de leur droit d'obtenir communication de certains documents ou informations relatifs à des bénéficiaires de prestations ou à des assujettis à des cotisations sociales. Selon elles, les garanties apportées à l'exercice de ce droit de communication seraient insuffisantes, pour ce qui concerne les données bancaires et les données de connexion. Elles dénoncent également le fait que ces agents ne sont tenus d'informer la personne contrôlée de la teneur et de l'origine des documents obtenus auprès de tiers que si une décision a été prise à son encontre sur le fondement de ces documents. Pour les mêmes raisons, la requérante reproche au législateur d'avoir méconnu l'étendue de sa propre compétence dans des conditions qui affecteraient le droit au respect de la vie privée.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les articles L. 114-20 et L. 114-21 du code de la sécurité sociale.- Sur le fond :7. En vertu de l'article 34 de la Constitution, il appartient au législateur de fixer les règles concernant les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques. Il lui incombe d'assurer la conciliation entre, d'une part, l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et,
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
5. La requérante et les associations intervenantes reprochent de méconnaître le droit au respect de la vie privée à ces dispositions, qui régissent l'usage par les agents des organismes de sécurité sociale de leur droit d'obtenir communication de certains documents ou informations relatifs à des bénéficiaires de prestations ou à des assujettis à des cotisations sociales. Selon elles, les garanties apportées à l'exercice de ce droit de communication seraient insuffisantes, pour ce qui concerne les données bancaires et les données de connexion. Elles dénoncent également le fait que ces agents ne sont tenus d'informer la personne contrôlée de la teneur et de l'origine des documents obtenus auprès de tiers que si une décision a été prise à son encontre sur le fondement de ces documents. Pour les mêmes raisons, la requérante reproche au législateur d'avoir méconnu l'étendue de sa propre compétence dans des conditions qui affecteraient le droit au respect de la vie privée.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les articles L. 114-20 et L. 114-21 du code de la sécurité sociale.- Sur le fond :7. En vertu de l'article 34 de la Constitution, il appartient au législateur de fixer les règles concernant les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques. Il lui incombe d'assurer la conciliation entre, d'une part, l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et,
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CONSTEXT000038657450_7
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CONSTEXT000038657450
| 7 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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l'exercice des libertés publiques. Il lui incombe d'assurer la conciliation entre, d'une part, l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et, d'autre part, l'exercice des droits et des libertés constitutionnellement garantis. Au nombre de ces derniers figure le droit au respect de la vie privée protégé par les articles 2 et 4 de la Déclaration des droits de l'homme et du citoyen de 1789.. En ce qui concerne l'article L. 114-20 du code de la sécurité sociale :8. Par le renvoi général qu'il opère, sous réserve de quelques exceptions, à la section I du chapitre II du titre II de la première partie du livre des procédures fiscales, l'article L. 114-20 du code de la sécurité sociale étend à certains agents des organismes de sécurité sociale le droit de communication de certains documents et informations reconnu à l'administration fiscale. 9. Il résulte en particulier de ce renvoi aux articles L. 83 et L. 85 du livre des procédures fiscales que ce droit de communication peut notamment s'exercer auprès des établissements bancaires afin d'obtenir d'eux, sans qu'ils puissent opposer le secret professionnel, les relevés de comptes et les autres documents bancaires relatifs au bénéficiaire d'une prestation sociale ou à son ayant droit ou à un cotisant. Il résulte également du renvoi opéré par les dispositions contestées aux articles L. 83 et L. 96 G du même livre que les agents des organismes de sécurité sociale disposent du droit
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
l'exercice des libertés publiques. Il lui incombe d'assurer la conciliation entre, d'une part, l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et, d'autre part, l'exercice des droits et des libertés constitutionnellement garantis. Au nombre de ces derniers figure le droit au respect de la vie privée protégé par les articles 2 et 4 de la Déclaration des droits de l'homme et du citoyen de 1789.. En ce qui concerne l'article L. 114-20 du code de la sécurité sociale :8. Par le renvoi général qu'il opère, sous réserve de quelques exceptions, à la section I du chapitre II du titre II de la première partie du livre des procédures fiscales, l'article L. 114-20 du code de la sécurité sociale étend à certains agents des organismes de sécurité sociale le droit de communication de certains documents et informations reconnu à l'administration fiscale. 9. Il résulte en particulier de ce renvoi aux articles L. 83 et L. 85 du livre des procédures fiscales que ce droit de communication peut notamment s'exercer auprès des établissements bancaires afin d'obtenir d'eux, sans qu'ils puissent opposer le secret professionnel, les relevés de comptes et les autres documents bancaires relatifs au bénéficiaire d'une prestation sociale ou à son ayant droit ou à un cotisant. Il résulte également du renvoi opéré par les dispositions contestées aux articles L. 83 et L. 96 G du même livre que les agents des organismes de sécurité sociale disposent du droit
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CONSTEXT000038472158_2
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CONSTEXT000038472158
| 2 |
QPC
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Conformité
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Société Vermilion REP [Barème de la redevance progressive de mines d'hydrocarbures liquides]
|
2019-771
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2019-03-29
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Me Naugès, pour la société BridgeOil, Me Charlotte Michellet, avocat au barreau de Paris, pour la société IPC Petroleum France, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 19 mars 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Société Vermilion REP [Barème de la redevance progressive de mines d'hydrocarbures liquides]
Me Naugès, pour la société BridgeOil, Me Charlotte Michellet, avocat au barreau de Paris, pour la société IPC Petroleum France, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 19 mars 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038657450_8
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CONSTEXT000038657450
| 8 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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ou à un cotisant. Il résulte également du renvoi opéré par les dispositions contestées aux articles L. 83 et L. 96 G du même livre que les agents des organismes de sécurité sociale disposent du droit de se faire communiquer les données de connexion détenues par les opérateurs de communications électroniques, les fournisseurs d'accès à un service de communication au public en ligne ou les hébergeurs de contenu sur un tel service. La communication de telles données est de nature à porter atteinte au droit au respect de la vie privée de la personne intéressée.10. En premier lieu, en adoptant les dispositions contestées, le législateur a poursuivi l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale.11. En deuxième lieu, d'une part, en vertu de l'article L. 114-19 du code de la sécurité sociale, il ne peut être fait usage du droit de communication que pour le contrôle de la sincérité et de l'exactitude des déclarations souscrites ou de l'authenticité des pièces produites en vue de l'attribution et du paiement des prestations servies par les organismes de sécurité sociale, pour l'exercice des missions de contrôle des cotisants aux régimes obligatoires de sécurité sociale et de lutte contre le travail dissimulé et pour le recouvrement de prestations versées indûment à des tiers. 12. D'autre part, ce droit de communication, qui n'est pas assorti d'un pouvoir d'exécution forcée, n'est ouvert qu'aux agents des organismes de sécurité
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
ou à un cotisant. Il résulte également du renvoi opéré par les dispositions contestées aux articles L. 83 et L. 96 G du même livre que les agents des organismes de sécurité sociale disposent du droit de se faire communiquer les données de connexion détenues par les opérateurs de communications électroniques, les fournisseurs d'accès à un service de communication au public en ligne ou les hébergeurs de contenu sur un tel service. La communication de telles données est de nature à porter atteinte au droit au respect de la vie privée de la personne intéressée.10. En premier lieu, en adoptant les dispositions contestées, le législateur a poursuivi l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale.11. En deuxième lieu, d'une part, en vertu de l'article L. 114-19 du code de la sécurité sociale, il ne peut être fait usage du droit de communication que pour le contrôle de la sincérité et de l'exactitude des déclarations souscrites ou de l'authenticité des pièces produites en vue de l'attribution et du paiement des prestations servies par les organismes de sécurité sociale, pour l'exercice des missions de contrôle des cotisants aux régimes obligatoires de sécurité sociale et de lutte contre le travail dissimulé et pour le recouvrement de prestations versées indûment à des tiers. 12. D'autre part, ce droit de communication, qui n'est pas assorti d'un pouvoir d'exécution forcée, n'est ouvert qu'aux agents des organismes de sécurité
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CONSTEXT000038657450_9
|
CONSTEXT000038657450
| 9 |
QPC
|
Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
|
2019-789
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2019-06-14
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de prestations versées indûment à des tiers. 12. D'autre part, ce droit de communication, qui n'est pas assorti d'un pouvoir d'exécution forcée, n'est ouvert qu'aux agents des organismes de sécurité sociale, lesquels sont soumis, dans l'utilisation de ces données, au secret professionnel.13. En dernier lieu, la communication de données bancaires permet à titre principal aux organismes sociaux d'avoir connaissance des revenus, des dépenses et de la situation familiale de la personne objet de l'investigation. Elle présente un lien direct avec l'évaluation de la situation de l'intéressé au regard du droit à prestation ou de l'obligation de cotisation. 14. Si ces données peuvent révéler des informations relatives aux circonstances dans lesquelles la personne a dépensé ou perçu ses revenus, l'atteinte ainsi portée au droit au respect de la vie privée n'est pas disproportionnée au regard de l'objectif poursuivi. Il résulte de ce qui précède que le législateur a assorti le droit de communication contesté de garanties propres à assurer, entre le respect de la vie privée et l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale, une conciliation qui n'est pas déséquilibrée.15. En revanche, compte tenu de leur nature et des traitements dont elles peuvent faire l'objet, les données de connexion fournissent sur les personnes en cause des informations nombreuses et précises, particulièrement attentatoires à leur vie privée. Par ailleurs, elles
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
de prestations versées indûment à des tiers. 12. D'autre part, ce droit de communication, qui n'est pas assorti d'un pouvoir d'exécution forcée, n'est ouvert qu'aux agents des organismes de sécurité sociale, lesquels sont soumis, dans l'utilisation de ces données, au secret professionnel.13. En dernier lieu, la communication de données bancaires permet à titre principal aux organismes sociaux d'avoir connaissance des revenus, des dépenses et de la situation familiale de la personne objet de l'investigation. Elle présente un lien direct avec l'évaluation de la situation de l'intéressé au regard du droit à prestation ou de l'obligation de cotisation. 14. Si ces données peuvent révéler des informations relatives aux circonstances dans lesquelles la personne a dépensé ou perçu ses revenus, l'atteinte ainsi portée au droit au respect de la vie privée n'est pas disproportionnée au regard de l'objectif poursuivi. Il résulte de ce qui précède que le législateur a assorti le droit de communication contesté de garanties propres à assurer, entre le respect de la vie privée et l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale, une conciliation qui n'est pas déséquilibrée.15. En revanche, compte tenu de leur nature et des traitements dont elles peuvent faire l'objet, les données de connexion fournissent sur les personnes en cause des informations nombreuses et précises, particulièrement attentatoires à leur vie privée. Par ailleurs, elles
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CONSTEXT000038657450_10
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CONSTEXT000038657450
| 10 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
|
2019-789
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2019-06-14
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peuvent faire l'objet, les données de connexion fournissent sur les personnes en cause des informations nombreuses et précises, particulièrement attentatoires à leur vie privée. Par ailleurs, elles ne présentent pas de lien direct avec l'évaluation de la situation de l'intéressé au regard du droit à prestation ou de l'obligation de cotisation. Dans ces conditions, le législateur n'a pas entouré la procédure prévue par les dispositions contestées de garanties propres à assurer une conciliation équilibrée entre le droit au respect de la vie privée et la lutte contre la fraude en matière de protection sociale. 16. Par conséquent, l'article L. 114-20 du code de la sécurité sociale, qui concerne notamment les données bancaires et les données de connexion, doit être déclaré contraire à la Constitution.. En ce qui concerne l'article L. 114-21 du code de la sécurité sociale :17. L'article L. 114-21 du code de la sécurité sociale prévoit les conditions dans lesquelles la personne visée par l'exercice du droit de communication est informée de sa mise en œuvre. Il réserve l'obligation pour les organismes de sécurité sociale de procéder à cette information aux situations dans lesquelles la décision a été prise de supprimer le bénéfice d'une prestation ou de recouvrer des sommes réclamées.18. Toutefois, l'objet d'une telle disposition étant de permettre à la personne contrôlée de prendre connaissance des documents communiqués afin de pouvoir contester utilement les conclusions qui en ont
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
peuvent faire l'objet, les données de connexion fournissent sur les personnes en cause des informations nombreuses et précises, particulièrement attentatoires à leur vie privée. Par ailleurs, elles ne présentent pas de lien direct avec l'évaluation de la situation de l'intéressé au regard du droit à prestation ou de l'obligation de cotisation. Dans ces conditions, le législateur n'a pas entouré la procédure prévue par les dispositions contestées de garanties propres à assurer une conciliation équilibrée entre le droit au respect de la vie privée et la lutte contre la fraude en matière de protection sociale. 16. Par conséquent, l'article L. 114-20 du code de la sécurité sociale, qui concerne notamment les données bancaires et les données de connexion, doit être déclaré contraire à la Constitution.. En ce qui concerne l'article L. 114-21 du code de la sécurité sociale :17. L'article L. 114-21 du code de la sécurité sociale prévoit les conditions dans lesquelles la personne visée par l'exercice du droit de communication est informée de sa mise en œuvre. Il réserve l'obligation pour les organismes de sécurité sociale de procéder à cette information aux situations dans lesquelles la décision a été prise de supprimer le bénéfice d'une prestation ou de recouvrer des sommes réclamées.18. Toutefois, l'objet d'une telle disposition étant de permettre à la personne contrôlée de prendre connaissance des documents communiqués afin de pouvoir contester utilement les conclusions qui en ont
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CONSTEXT000038657450_11
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CONSTEXT000038657450
| 11 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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Toutefois, l'objet d'une telle disposition étant de permettre à la personne contrôlée de prendre connaissance des documents communiqués afin de pouvoir contester utilement les conclusions qui en ont été tirées par l'organisme de sécurité sociale, l'absence d'information de la personne visée par l'exercice du droit de communication ne méconnaît pas, en elle-même, le droit au respect de la vie privée. 19. L'article L. 114-21 du code de la sécurité sociale, qui ne méconnaît aucun autre droit ou liberté que la Constitution garantit, doit être déclaré conforme à la Constitution.- Sur les effets de la déclaration d'inconstitutionnalité : 20. Selon le deuxième alinéa de l'article 62 de la Constitution : « Une disposition déclarée inconstitutionnelle sur le fondement de l'article 61-1 est abrogée à compter de la publication de la décision du Conseil constitutionnel ou d'une date ultérieure fixée par cette décision. Le Conseil constitutionnel détermine les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à l'auteur de la question prioritaire de constitutionnalité et la disposition déclarée contraire à la Constitution ne peut être appliquée dans les instances en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
Toutefois, l'objet d'une telle disposition étant de permettre à la personne contrôlée de prendre connaissance des documents communiqués afin de pouvoir contester utilement les conclusions qui en ont été tirées par l'organisme de sécurité sociale, l'absence d'information de la personne visée par l'exercice du droit de communication ne méconnaît pas, en elle-même, le droit au respect de la vie privée. 19. L'article L. 114-21 du code de la sécurité sociale, qui ne méconnaît aucun autre droit ou liberté que la Constitution garantit, doit être déclaré conforme à la Constitution.- Sur les effets de la déclaration d'inconstitutionnalité : 20. Selon le deuxième alinéa de l'article 62 de la Constitution : « Une disposition déclarée inconstitutionnelle sur le fondement de l'article 61-1 est abrogée à compter de la publication de la décision du Conseil constitutionnel ou d'une date ultérieure fixée par cette décision. Le Conseil constitutionnel détermine les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à l'auteur de la question prioritaire de constitutionnalité et la disposition déclarée contraire à la Constitution ne peut être appliquée dans les instances en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer
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CONSTEXT000038657450_12
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CONSTEXT000038657450
| 12 |
QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer la date de l'abrogation et de reporter dans le temps ses effets que de prévoir la remise en cause des effets que la disposition a produits avant l'intervention de cette déclaration.21. En l'espèce, les dispositions déclarées contraires à la Constitution, dans leur rédaction contestée, ne sont plus en vigueur.22. La remise en cause des mesures prises sur le fondement des dispositions déclarées contraires à la Constitution méconnaîtrait l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et aurait ainsi des conséquences manifestement excessives. Par suite, ces mesures ne peuvent être contestées sur le fondement de cette inconstitutionnalité.
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer la date de l'abrogation et de reporter dans le temps ses effets que de prévoir la remise en cause des effets que la disposition a produits avant l'intervention de cette déclaration.21. En l'espèce, les dispositions déclarées contraires à la Constitution, dans leur rédaction contestée, ne sont plus en vigueur.22. La remise en cause des mesures prises sur le fondement des dispositions déclarées contraires à la Constitution méconnaîtrait l'objectif de valeur constitutionnelle de lutte contre la fraude en matière de protection sociale et aurait ainsi des conséquences manifestement excessives. Par suite, ces mesures ne peuvent être contestées sur le fondement de cette inconstitutionnalité.
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CONSTEXT000038755909_1
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CONSTEXT000038755909
| 1 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
|
2019-795
|
2019-07-05
|
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code des juridictions financières ;- la loi n° 63-156 du 23 février 1963 de finances pour 1963 ;- la loi n° 2008-1091 du 28 octobre 2008 relative à la Cour des comptes et aux chambres régionales des comptes ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les requérantes par la SCP Monod - Colin - Stoclet, enregistrées le 29 mai 2019 ;- les observations présentées par le Premier ministre, enregistrées le 31 mai 2019 ;- les secondes observations présentées pour les requérantes par la SCP Monod - Colin - Stoclet, enregistrées le 14 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Mathieu Stoclet, avocat au Conseil d'État et à la Cour de cassation, pour les requérantes et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 25 juin 2019 ;Au vu de la note en délibéré présentée par le Premier ministre, enregistrée le 1er juillet 2019 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
|
Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code des juridictions financières ;- la loi n° 63-156 du 23 février 1963 de finances pour 1963 ;- la loi n° 2008-1091 du 28 octobre 2008 relative à la Cour des comptes et aux chambres régionales des comptes ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les requérantes par la SCP Monod - Colin - Stoclet, enregistrées le 29 mai 2019 ;- les observations présentées par le Premier ministre, enregistrées le 31 mai 2019 ;- les secondes observations présentées pour les requérantes par la SCP Monod - Colin - Stoclet, enregistrées le 14 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Mathieu Stoclet, avocat au Conseil d'État et à la Cour de cassation, pour les requérantes et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 25 juin 2019 ;Au vu de la note en délibéré présentée par le Premier ministre, enregistrée le 1er juillet 2019 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038657450_13
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CONSTEXT000038657450
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QPC
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Non conformité partielle
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
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2019-789
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2019-06-14
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article L. 114-20 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008, est contraire à la Constitution.
Article 2. - L'article L. 114-21 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008, est conforme à la Constitution.
Article 3. - La déclaration d'inconstitutionnalité de l'article 1er prend effet dans les conditions fixées aux paragraphes 21 et 22 de cette décision.
Article 4. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 13 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 14 juin 2019.
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Mme Hanen S. [Droit de communication des organismes de sécurité sociale]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article L. 114-20 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008, est contraire à la Constitution.
Article 2. - L'article L. 114-21 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2007-1786 du 19 décembre 2007 de financement de la sécurité sociale pour 2008, est conforme à la Constitution.
Article 3. - La déclaration d'inconstitutionnalité de l'article 1er prend effet dans les conditions fixées aux paragraphes 21 et 22 de cette décision.
Article 4. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 13 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 14 juin 2019.
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CONSTEXT000038755904_0
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, le 5 juin 2019, par le président de l'Assemblée nationale, sous le n° 2019-785 DC, conformément au premier alinéa de l'article 61 de la Constitution, d'une résolution adoptée le 4 juin 2019 modifiant le règlement de l'Assemblée nationale.
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- la loi organique n° 2009-403 du 15 avril 2009 relative à l'application des articles 34-1, 39 et 44 de la Constitution ;- l'ordonnance n° 58-1100 du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires ;- la loi n° 2013-907 du 11 octobre 2013 relative à la transparence de la vie publique ;- l'avis de la déontologue de l'Assemblée nationale du 7 mai 2019 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Résolution modifiant le règlement de l'Assemblée nationale
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, le 5 juin 2019, par le président de l'Assemblée nationale, sous le n° 2019-785 DC, conformément au premier alinéa de l'article 61 de la Constitution, d'une résolution adoptée le 4 juin 2019 modifiant le règlement de l'Assemblée nationale.
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- la loi organique n° 2009-403 du 15 avril 2009 relative à l'application des articles 34-1, 39 et 44 de la Constitution ;- l'ordonnance n° 58-1100 du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires ;- la loi n° 2013-907 du 11 octobre 2013 relative à la transparence de la vie publique ;- l'avis de la déontologue de l'Assemblée nationale du 7 mai 2019 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038755904_1
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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1. La résolution soumise à l'examen du Conseil constitutionnel modifie le règlement de l'Assemblée nationale.2. En raison des exigences propres à la hiérarchie des normes juridiques dans l'ordre interne, la conformité à la Constitution des règlements des assemblées parlementaires doit s'apprécier au regard tant de la Constitution elle-même que des lois organiques prévues par celle-ci ainsi que des mesures législatives prises pour son application. Entrent notamment dans cette dernière catégorie l'ordonnance du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires ainsi que les modifications qui lui ont été apportées. Ces textes législatifs ne s'imposent à une assemblée parlementaire, lorsqu'elle modifie ou complète son règlement, qu'autant qu'ils sont conformes à la Constitution.3. Aux termes de l'article 6 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La loi est l'expression de la volonté générale ». Aux termes du premier alinéa de l'article 3 de la Constitution : « La souveraineté nationale appartient au peuple qui l'exerce par ses représentants ». Ces dispositions imposent le respect des exigences de clarté et de sincérité du débat parlementaire.- Sur l'article 9 :4. L'article 9 de la résolution modifie l'article 48 du règlement de l'Assemblée nationale, relatif à la fixation de l'ordre du jour.5. En premier lieu, son 1° réécrit le troisième alinéa de cet article 48, afin de prévoir que, à l'ouverture de la session puis au plus tard
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Résolution modifiant le règlement de l'Assemblée nationale
1. La résolution soumise à l'examen du Conseil constitutionnel modifie le règlement de l'Assemblée nationale.2. En raison des exigences propres à la hiérarchie des normes juridiques dans l'ordre interne, la conformité à la Constitution des règlements des assemblées parlementaires doit s'apprécier au regard tant de la Constitution elle-même que des lois organiques prévues par celle-ci ainsi que des mesures législatives prises pour son application. Entrent notamment dans cette dernière catégorie l'ordonnance du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires ainsi que les modifications qui lui ont été apportées. Ces textes législatifs ne s'imposent à une assemblée parlementaire, lorsqu'elle modifie ou complète son règlement, qu'autant qu'ils sont conformes à la Constitution.3. Aux termes de l'article 6 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La loi est l'expression de la volonté générale ». Aux termes du premier alinéa de l'article 3 de la Constitution : « La souveraineté nationale appartient au peuple qui l'exerce par ses représentants ». Ces dispositions imposent le respect des exigences de clarté et de sincérité du débat parlementaire.- Sur l'article 9 :4. L'article 9 de la résolution modifie l'article 48 du règlement de l'Assemblée nationale, relatif à la fixation de l'ordre du jour.5. En premier lieu, son 1° réécrit le troisième alinéa de cet article 48, afin de prévoir que, à l'ouverture de la session puis au plus tard
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CONSTEXT000038755904_2
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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nationale, relatif à la fixation de l'ordre du jour.5. En premier lieu, son 1° réécrit le troisième alinéa de cet article 48, afin de prévoir que, à l'ouverture de la session puis au plus tard le 1er mars suivant, ou après la formation du Gouvernement, celui-ci « informe la Conférence des présidents des affaires dont il prévoit de demander l'inscription à l'ordre du jour de l'Assemblée et de la période envisagée pour leur discussion ».6. Ces dispositions ne font pas obstacle aux prérogatives que le Gouvernement tient des deuxième et troisième alinéas de l'article 48 de la Constitution. En particulier, les informations susceptibles d'être ainsi données par le Gouvernement n'ayant qu'un caractère indicatif, elles ne sauraient lier ce dernier dans l'exercice des prérogatives précitées. Ces dispositions ne sont donc pas contraires à la Constitution.7. En second lieu, le 2° modifie le huitième alinéa de l'article 48 du règlement. D'une part, il modifie les dispositions permettant actuellement à chaque président de groupe minoritaire ou d'opposition d'obtenir, de droit, l'inscription à l'ordre du jour de la semaine prévue au quatrième alinéa de l'article 48 de la Constitution d'un débat sans vote ou d'une séance de questions portant sur les conclusions de certains rapports d'enquête, d'information ou d'évaluation. En prévoyant désormais que l'inscription porte « prioritairement » sur de telles conclusions, la modification apportée permet que cette inscription puisse également
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Résolution modifiant le règlement de l'Assemblée nationale
nationale, relatif à la fixation de l'ordre du jour.5. En premier lieu, son 1° réécrit le troisième alinéa de cet article 48, afin de prévoir que, à l'ouverture de la session puis au plus tard le 1er mars suivant, ou après la formation du Gouvernement, celui-ci « informe la Conférence des présidents des affaires dont il prévoit de demander l'inscription à l'ordre du jour de l'Assemblée et de la période envisagée pour leur discussion ».6. Ces dispositions ne font pas obstacle aux prérogatives que le Gouvernement tient des deuxième et troisième alinéas de l'article 48 de la Constitution. En particulier, les informations susceptibles d'être ainsi données par le Gouvernement n'ayant qu'un caractère indicatif, elles ne sauraient lier ce dernier dans l'exercice des prérogatives précitées. Ces dispositions ne sont donc pas contraires à la Constitution.7. En second lieu, le 2° modifie le huitième alinéa de l'article 48 du règlement. D'une part, il modifie les dispositions permettant actuellement à chaque président de groupe minoritaire ou d'opposition d'obtenir, de droit, l'inscription à l'ordre du jour de la semaine prévue au quatrième alinéa de l'article 48 de la Constitution d'un débat sans vote ou d'une séance de questions portant sur les conclusions de certains rapports d'enquête, d'information ou d'évaluation. En prévoyant désormais que l'inscription porte « prioritairement » sur de telles conclusions, la modification apportée permet que cette inscription puisse également
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CONSTEXT000038755904_3
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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d'information ou d'évaluation. En prévoyant désormais que l'inscription porte « prioritairement » sur de telles conclusions, la modification apportée permet que cette inscription puisse également porter sur tout autre sujet d'évaluation et de contrôle. D'autre part, le même 2° complète les dispositions régissant l'ordre du jour de la séance réservée par priorité aux questions européennes dans le cadre de la semaine prévue au quatrième alinéa de l'article 48 de la Constitution. Ces dispositions ne sont pas contraires à la Constitution.- Sur certaines dispositions de l'article 10 : 8. D'une part, le a du 1° de l'article 10 modifie le deuxième alinéa de l'article 49, relatif à l'organisation de la discussion des textes soumis à l'Assemblée nationale. Il prévoit que la conférence des présidents organise la discussion générale des textes inscrits à l'ordre du jour, en attribuant à chaque groupe, en fonction des textes, un temps de parole soit de cinq minutes soit de dix minutes. Dans ce second cas, les groupes peuvent désigner deux orateurs. Un député n'appartenant à aucun groupe intervient pour une durée de cinq minutes. La conférence des présidents peut cependant, à titre exceptionnel, pour un délai déterminé, retenir une durée plus longue et, en application du b du même 1°, un nombre d'orateurs plus élevé.9. La durée des temps de parole et le nombre des orateurs ne sauraient être fixés de telle manière que soient privées d'effet les exigences de clarté et de sincérité du débat
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Résolution modifiant le règlement de l'Assemblée nationale
d'information ou d'évaluation. En prévoyant désormais que l'inscription porte « prioritairement » sur de telles conclusions, la modification apportée permet que cette inscription puisse également porter sur tout autre sujet d'évaluation et de contrôle. D'autre part, le même 2° complète les dispositions régissant l'ordre du jour de la séance réservée par priorité aux questions européennes dans le cadre de la semaine prévue au quatrième alinéa de l'article 48 de la Constitution. Ces dispositions ne sont pas contraires à la Constitution.- Sur certaines dispositions de l'article 10 : 8. D'une part, le a du 1° de l'article 10 modifie le deuxième alinéa de l'article 49, relatif à l'organisation de la discussion des textes soumis à l'Assemblée nationale. Il prévoit que la conférence des présidents organise la discussion générale des textes inscrits à l'ordre du jour, en attribuant à chaque groupe, en fonction des textes, un temps de parole soit de cinq minutes soit de dix minutes. Dans ce second cas, les groupes peuvent désigner deux orateurs. Un député n'appartenant à aucun groupe intervient pour une durée de cinq minutes. La conférence des présidents peut cependant, à titre exceptionnel, pour un délai déterminé, retenir une durée plus longue et, en application du b du même 1°, un nombre d'orateurs plus élevé.9. La durée des temps de parole et le nombre des orateurs ne sauraient être fixés de telle manière que soient privées d'effet les exigences de clarté et de sincérité du débat
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CONSTEXT000018150589_0
|
CONSTEXT000018150589
| 0 |
AN
|
Inéligibilité
|
A.N., Inéligibilités (non dépôt de compte de campagne) (Décision collective)
|
2007-4080 et autres
|
2008-02-07
|
LE CONSEIL CONSTITUTIONNEL,
|
A.N., Inéligibilités (non dépôt de compte de campagne) (Décision collective)
LE CONSEIL CONSTITUTIONNEL,
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CONSTEXT000038755904_4
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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d'orateurs plus élevé.9. La durée des temps de parole et le nombre des orateurs ne sauraient être fixés de telle manière que soient privées d'effet les exigences de clarté et de sincérité du débat parlementaire. Sous cette réserve, le a du 1° de l'article 10 n'est pas contraire à la Constitution.10. D'autre part, le a du 7° de l'article 10 modifie le dernier alinéa de l'article 49 du règlement. Il réduit de cinq à deux minutes le temps de parole consacré aux explications de vote personnelles qui peuvent être présentées par les députés à l'issue du vote du dernier article d'un texte discuté selon la procédure de temps législatif programmé.11. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat parlementaire. Sous cette réserve, le a du 7° de l'article 10 n'est pas contraire à la Constitution.- Sur certaines dispositions de l'article 16 :12. Le 2°, le d du 3° et le 4° de l'article 16 apportent aux dispositions de l'article 58 du règlement trois modifications aux dispositions régissant les rappels au règlement. D'une part, le deuxième alinéa de l'article 58 prévoit désormais que tout rappel au règlement « doit se fonder sur un article du Règlement autre que le présent article ». D'autre part, au troisième alinéa, la possibilité pour le président de séance de retirer la parole à l'intervenant est étendue au cas où « un précédent rappel au Règlement avait le même objet ».
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Résolution modifiant le règlement de l'Assemblée nationale
d'orateurs plus élevé.9. La durée des temps de parole et le nombre des orateurs ne sauraient être fixés de telle manière que soient privées d'effet les exigences de clarté et de sincérité du débat parlementaire. Sous cette réserve, le a du 1° de l'article 10 n'est pas contraire à la Constitution.10. D'autre part, le a du 7° de l'article 10 modifie le dernier alinéa de l'article 49 du règlement. Il réduit de cinq à deux minutes le temps de parole consacré aux explications de vote personnelles qui peuvent être présentées par les députés à l'issue du vote du dernier article d'un texte discuté selon la procédure de temps législatif programmé.11. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat parlementaire. Sous cette réserve, le a du 7° de l'article 10 n'est pas contraire à la Constitution.- Sur certaines dispositions de l'article 16 :12. Le 2°, le d du 3° et le 4° de l'article 16 apportent aux dispositions de l'article 58 du règlement trois modifications aux dispositions régissant les rappels au règlement. D'une part, le deuxième alinéa de l'article 58 prévoit désormais que tout rappel au règlement « doit se fonder sur un article du Règlement autre que le présent article ». D'autre part, au troisième alinéa, la possibilité pour le président de séance de retirer la parole à l'intervenant est étendue au cas où « un précédent rappel au Règlement avait le même objet ».
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CONSTEXT000038755904_5
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CONSTEXT000038755904
| 5 |
DC
|
Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
|
». D'autre part, au troisième alinéa, la possibilité pour le président de séance de retirer la parole à l'intervenant est étendue au cas où « un précédent rappel au Règlement avait le même objet ». Enfin, le quatrième alinéa permet au président de séance de refuser les prises de parole lorsque « plusieurs rappels au Règlement émanent de députés d'un même groupe et ont manifestement pour objet de remettre en question l'ordre du jour ».13. La mise en œuvre de ces dispositions ne saurait priver les députés de toute possibilité d'invoquer les dispositions du règlement afin de demander l'application de dispositions constitutionnelles. Sous cette réserve, elles ne sont pas contraires à la Constitution.- Sur les articles 18 à 25 :14. Les articles 18 à 25 de la résolution modifient des dispositions du chapitre XIV du titre Ier du règlement relatif notamment à la déontologie. Ils modifient les articles 80-1, 80-2, 80-3, 80-4 et 80-5 et insèrent les articles 81-1-1, 81-1-2 et 80-3-1. Certaines de ces dispositions mettent en œuvre les articles 4 quater à 4 septies et 8 quater de l'ordonnance du 17 novembre 1958.15. L'article 19 de la résolution, qui insère l'article 80-1-1 dans le règlement, prévoit que, lorsqu'un député estime devoir ne pas participer à certains travaux de l'Assemblée nationale en raison d'une situation de conflit d'intérêts, il en informe le bureau qui tient un registre public des déports. Il prévoit également que, lorsqu'un député estime que l'exercice d'une
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Résolution modifiant le règlement de l'Assemblée nationale
». D'autre part, au troisième alinéa, la possibilité pour le président de séance de retirer la parole à l'intervenant est étendue au cas où « un précédent rappel au Règlement avait le même objet ». Enfin, le quatrième alinéa permet au président de séance de refuser les prises de parole lorsque « plusieurs rappels au Règlement émanent de députés d'un même groupe et ont manifestement pour objet de remettre en question l'ordre du jour ».13. La mise en œuvre de ces dispositions ne saurait priver les députés de toute possibilité d'invoquer les dispositions du règlement afin de demander l'application de dispositions constitutionnelles. Sous cette réserve, elles ne sont pas contraires à la Constitution.- Sur les articles 18 à 25 :14. Les articles 18 à 25 de la résolution modifient des dispositions du chapitre XIV du titre Ier du règlement relatif notamment à la déontologie. Ils modifient les articles 80-1, 80-2, 80-3, 80-4 et 80-5 et insèrent les articles 81-1-1, 81-1-2 et 80-3-1. Certaines de ces dispositions mettent en œuvre les articles 4 quater à 4 septies et 8 quater de l'ordonnance du 17 novembre 1958.15. L'article 19 de la résolution, qui insère l'article 80-1-1 dans le règlement, prévoit que, lorsqu'un député estime devoir ne pas participer à certains travaux de l'Assemblée nationale en raison d'une situation de conflit d'intérêts, il en informe le bureau qui tient un registre public des déports. Il prévoit également que, lorsqu'un député estime que l'exercice d'une
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CONSTEXT000038755904_6
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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nationale en raison d'une situation de conflit d'intérêts, il en informe le bureau qui tient un registre public des déports. Il prévoit également que, lorsqu'un député estime que l'exercice d'une fonction au sein de l'Assemblée nationale est susceptible de le placer en situation de conflit d'intérêts, il s'abstient de la solliciter ou de l'accepter. Ces dispositions, qui n'ont ni pour objet ni pour effet de contraindre un député à ne pas participer aux travaux de l'Assemblée nationale, ne sont pas contraires à la Constitution.16. L'article 24 modifie l'article 80-4 du règlement afin de préciser les conditions de mise en œuvre du pouvoir d'injonction reconnu au déontologue par l'article 8 quater de l'ordonnance du 17 novembre 1958. Son 3° prévoit ainsi que, lorsque le déontologue constate qu'un député emploie comme collaborateur un membre de sa famille, au sens du paragraphe II de cet article 8 quater, d'une manière qui serait susceptible de constituer un manquement aux règles de déontologie, il peut faire usage d'un pouvoir d'injonction pour faire cesser cette situation et peut rendre publique cette injonction.17. Or, le paragraphe IV de l'article 8 quater de l'ordonnance du 17 novembre 1958 prévoit que, si l'organe chargé de la déontologie parlementaire peut, face à une telle situation, faire usage d'un pouvoir d'injonction pour la faire cesser, en revanche, lorsqu'il fait usage de ce pouvoir, il doit rendre publique cette injonction. 18. Dès lors, en prévoyant que la
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Résolution modifiant le règlement de l'Assemblée nationale
nationale en raison d'une situation de conflit d'intérêts, il en informe le bureau qui tient un registre public des déports. Il prévoit également que, lorsqu'un député estime que l'exercice d'une fonction au sein de l'Assemblée nationale est susceptible de le placer en situation de conflit d'intérêts, il s'abstient de la solliciter ou de l'accepter. Ces dispositions, qui n'ont ni pour objet ni pour effet de contraindre un député à ne pas participer aux travaux de l'Assemblée nationale, ne sont pas contraires à la Constitution.16. L'article 24 modifie l'article 80-4 du règlement afin de préciser les conditions de mise en œuvre du pouvoir d'injonction reconnu au déontologue par l'article 8 quater de l'ordonnance du 17 novembre 1958. Son 3° prévoit ainsi que, lorsque le déontologue constate qu'un député emploie comme collaborateur un membre de sa famille, au sens du paragraphe II de cet article 8 quater, d'une manière qui serait susceptible de constituer un manquement aux règles de déontologie, il peut faire usage d'un pouvoir d'injonction pour faire cesser cette situation et peut rendre publique cette injonction.17. Or, le paragraphe IV de l'article 8 quater de l'ordonnance du 17 novembre 1958 prévoit que, si l'organe chargé de la déontologie parlementaire peut, face à une telle situation, faire usage d'un pouvoir d'injonction pour la faire cesser, en revanche, lorsqu'il fait usage de ce pouvoir, il doit rendre publique cette injonction. 18. Dès lors, en prévoyant que la
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CONSTEXT000038755904_7
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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situation, faire usage d'un pouvoir d'injonction pour la faire cesser, en revanche, lorsqu'il fait usage de ce pouvoir, il doit rendre publique cette injonction. 18. Dès lors, en prévoyant que la publication par le déontologue de l'injonction qu'il peut adresser à un député ne constitue qu'une faculté, la seconde occurrence du mot « peut » figurant au second alinéa du 3° de l'article 24 de la résolution méconnaît le paragraphe IV de l'article 8 quater de l'ordonnance du 17 novembre 1958. Par suite, ce mot est contraire à la Constitution. 19. Les autres dispositions des articles 18 à 25 ne sont pas contraires à la Constitution.- Sur certaines dispositions de l'article 29 et sur l'article 36 :20. Le 3° de l'article 29 modifie l'article 91 du règlement afin de fixer à quinze minutes au lieu de trente, sauf décision contraire de la conférence des présidents, l'intervention d'un des signataires d'une motion de rejet préalable, dont l'objet est de faire reconnaître que le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles ou de faire décider qu'il n'y a pas lieu à délibérer.21. Le 1° de l'article 36 modifie le deuxième alinéa de l'article 108 du règlement afin de réduire de quinze à dix minutes, sauf décision contraire de la conférence des présidents, l'intervention prononcée à l'appui d'une motion de rejet préalable après la première lecture d'un texte. Son 2° fixe cette durée à cinq minutes dans le cas où l'Assemblée nationale statue définitivement
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Résolution modifiant le règlement de l'Assemblée nationale
situation, faire usage d'un pouvoir d'injonction pour la faire cesser, en revanche, lorsqu'il fait usage de ce pouvoir, il doit rendre publique cette injonction. 18. Dès lors, en prévoyant que la publication par le déontologue de l'injonction qu'il peut adresser à un député ne constitue qu'une faculté, la seconde occurrence du mot « peut » figurant au second alinéa du 3° de l'article 24 de la résolution méconnaît le paragraphe IV de l'article 8 quater de l'ordonnance du 17 novembre 1958. Par suite, ce mot est contraire à la Constitution. 19. Les autres dispositions des articles 18 à 25 ne sont pas contraires à la Constitution.- Sur certaines dispositions de l'article 29 et sur l'article 36 :20. Le 3° de l'article 29 modifie l'article 91 du règlement afin de fixer à quinze minutes au lieu de trente, sauf décision contraire de la conférence des présidents, l'intervention d'un des signataires d'une motion de rejet préalable, dont l'objet est de faire reconnaître que le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles ou de faire décider qu'il n'y a pas lieu à délibérer.21. Le 1° de l'article 36 modifie le deuxième alinéa de l'article 108 du règlement afin de réduire de quinze à dix minutes, sauf décision contraire de la conférence des présidents, l'intervention prononcée à l'appui d'une motion de rejet préalable après la première lecture d'un texte. Son 2° fixe cette durée à cinq minutes dans le cas où l'Assemblée nationale statue définitivement
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CONSTEXT000038755904_8
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CONSTEXT000038755904
| 8 |
DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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prononcée à l'appui d'une motion de rejet préalable après la première lecture d'un texte. Son 2° fixe cette durée à cinq minutes dans le cas où l'Assemblée nationale statue définitivement sur un texte.22. Ces dispositions ne portent que sur la durée des interventions et préservent la possibilité effective, pour les députés, de contester la conformité à la Constitution des dispositions d'un texte. Toutefois, la limitation à cinq minutes lors de la lecture définitive prévue par le 2° de l'article 36 ne saurait être mise en œuvre de telle manière qu'elle prive d'effet les exigences de clarté et de sincérité du débat parlementaire.23. Sous la réserve énoncée au paragraphe précédent, le 2° de l'article 36 n'est pas contraire à la Constitution. Le 1° de cet article et le 3° de l'article 29 ne sont pas contraires à la Constitution.- Sur l'article 30 :24. L'article 30 modifie l'article 93 du règlement, relatif aux modalités selon lesquelles l'irrecevabilité prévue par l'article 41 de la Constitution peut être opposée. Il dispose que le président de la commission saisie au fond adresse, à cette fin, au président de l'Assemblée nationale une liste des propositions ou des amendements relevant de ces cas d'irrecevabilité. 25. Aux termes du premier alinéa de l'article 41 de la Constitution : « S'il apparaît au cours de la procédure législative qu'une proposition ou un amendement n'est pas du domaine de la loi ou est contraire à une délégation accordée en vertu de l'article 38, le
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Résolution modifiant le règlement de l'Assemblée nationale
prononcée à l'appui d'une motion de rejet préalable après la première lecture d'un texte. Son 2° fixe cette durée à cinq minutes dans le cas où l'Assemblée nationale statue définitivement sur un texte.22. Ces dispositions ne portent que sur la durée des interventions et préservent la possibilité effective, pour les députés, de contester la conformité à la Constitution des dispositions d'un texte. Toutefois, la limitation à cinq minutes lors de la lecture définitive prévue par le 2° de l'article 36 ne saurait être mise en œuvre de telle manière qu'elle prive d'effet les exigences de clarté et de sincérité du débat parlementaire.23. Sous la réserve énoncée au paragraphe précédent, le 2° de l'article 36 n'est pas contraire à la Constitution. Le 1° de cet article et le 3° de l'article 29 ne sont pas contraires à la Constitution.- Sur l'article 30 :24. L'article 30 modifie l'article 93 du règlement, relatif aux modalités selon lesquelles l'irrecevabilité prévue par l'article 41 de la Constitution peut être opposée. Il dispose que le président de la commission saisie au fond adresse, à cette fin, au président de l'Assemblée nationale une liste des propositions ou des amendements relevant de ces cas d'irrecevabilité. 25. Aux termes du premier alinéa de l'article 41 de la Constitution : « S'il apparaît au cours de la procédure législative qu'une proposition ou un amendement n'est pas du domaine de la loi ou est contraire à une délégation accordée en vertu de l'article 38, le
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CONSTEXT000038755904_9
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CONSTEXT000038755904
| 9 |
DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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: « S'il apparaît au cours de la procédure législative qu'une proposition ou un amendement n'est pas du domaine de la loi ou est contraire à une délégation accordée en vertu de l'article 38, le Gouvernement ou le président de l'assemblée saisie peut opposer l'irrecevabilité ». Il en résulte que, au sein de chacune des assemblées, la faculté d'opposer l'irrecevabilité fondée sur cet article constitue une prérogative personnelle de leur président.26. La liste des propositions ou des amendements adressée par le président de la commission saisie au fond au président de l'Assemblée nationale n'a qu'une valeur indicative. Elle ne saurait ni lier l'appréciation de ce dernier sur la nécessité de leur opposer l'irrecevabilité prévue par l'article 41 de la Constitution ni le limiter dans l'exercice de cette prérogative qu'il peut mettre en œuvre de sa propre initiative. Dans ces conditions, l'article 30 n'est pas de nature à porter atteinte aux prérogatives personnelles que le président de l'Assemblée nationale tient de l'article 41 de la Constitution. 27. L'article 30 n'est donc pas contraire à la Constitution.- Sur l'article 31 :28. L'article 31 modifie l'article 95 du règlement afin de limiter à deux minutes et un orateur par groupe et un député n'appartenant à aucun groupe les interventions sur les articles en discussion.29. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat
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Résolution modifiant le règlement de l'Assemblée nationale
: « S'il apparaît au cours de la procédure législative qu'une proposition ou un amendement n'est pas du domaine de la loi ou est contraire à une délégation accordée en vertu de l'article 38, le Gouvernement ou le président de l'assemblée saisie peut opposer l'irrecevabilité ». Il en résulte que, au sein de chacune des assemblées, la faculté d'opposer l'irrecevabilité fondée sur cet article constitue une prérogative personnelle de leur président.26. La liste des propositions ou des amendements adressée par le président de la commission saisie au fond au président de l'Assemblée nationale n'a qu'une valeur indicative. Elle ne saurait ni lier l'appréciation de ce dernier sur la nécessité de leur opposer l'irrecevabilité prévue par l'article 41 de la Constitution ni le limiter dans l'exercice de cette prérogative qu'il peut mettre en œuvre de sa propre initiative. Dans ces conditions, l'article 30 n'est pas de nature à porter atteinte aux prérogatives personnelles que le président de l'Assemblée nationale tient de l'article 41 de la Constitution. 27. L'article 30 n'est donc pas contraire à la Constitution.- Sur l'article 31 :28. L'article 31 modifie l'article 95 du règlement afin de limiter à deux minutes et un orateur par groupe et un député n'appartenant à aucun groupe les interventions sur les articles en discussion.29. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat
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CONSTEXT000018730262_0
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CONSTEXT000018730262
| 0 |
AN
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Inéligibilité
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A.N., Inéligibilités (Défaut de présentation du compte de campagne par un membre de l'ordre des experts-comptables) (Décision collective)
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2007-4017 et autres
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2008-04-17
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LE CONSEIL CONSTITUTIONNEL,
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A.N., Inéligibilités (Défaut de présentation du compte de campagne par un membre de l'ordre des experts-comptables) (Décision collective)
LE CONSEIL CONSTITUTIONNEL,
|
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CONSTEXT000038755904_10
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CONSTEXT000038755904
| 10 |
DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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sur les articles en discussion.29. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat parlementaire, le cas échéant, en autorisant, comme le lui permettent les quatrième et cinquième alinéas de l'article 54 du règlement, un orateur à poursuivre son intervention au-delà du temps qui lui est attribué ou d'autres orateurs à intervenir.30. Sous la réserve énoncée au paragraphe précédent, l'article 31 n'est pas contraire à la Constitution.- Sur certaines dispositions de l'article 33 : 31. Le 1° de l'article 33 modifie, à l'article 100 du règlement, les conditions dans lesquelles la parole est donnée aux auteurs d'amendements. Il prévoit que, lorsque plusieurs membres d'un même groupe présentent des amendements identiques, la parole est donnée à un seul orateur de ce groupe désigné par son président ou son délégué. 32. En premier lieu, la limitation apportée à la possibilité, pour un député, de défendre l'amendement qu'il a déposé, est subordonnée à deux conditions : elle ne s'applique qu'aux amendements identiques dans leur objet, déposés par des auteurs appartenant au même groupe politique. 33. En second lieu, le président de séance, qui doit veiller au respect des exigences de clarté et de sincérité du débat parlementaire, ne saurait recourir à cette limitation que pour prévenir les usages abusifs, par les députés d'un même groupe, des prises de parole sur les amendements
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Résolution modifiant le règlement de l'Assemblée nationale
sur les articles en discussion.29. Il appartiendra au président de séance d'appliquer cette limitation du temps de parole en veillant au respect des exigences de clarté et de sincérité du débat parlementaire, le cas échéant, en autorisant, comme le lui permettent les quatrième et cinquième alinéas de l'article 54 du règlement, un orateur à poursuivre son intervention au-delà du temps qui lui est attribué ou d'autres orateurs à intervenir.30. Sous la réserve énoncée au paragraphe précédent, l'article 31 n'est pas contraire à la Constitution.- Sur certaines dispositions de l'article 33 : 31. Le 1° de l'article 33 modifie, à l'article 100 du règlement, les conditions dans lesquelles la parole est donnée aux auteurs d'amendements. Il prévoit que, lorsque plusieurs membres d'un même groupe présentent des amendements identiques, la parole est donnée à un seul orateur de ce groupe désigné par son président ou son délégué. 32. En premier lieu, la limitation apportée à la possibilité, pour un député, de défendre l'amendement qu'il a déposé, est subordonnée à deux conditions : elle ne s'applique qu'aux amendements identiques dans leur objet, déposés par des auteurs appartenant au même groupe politique. 33. En second lieu, le président de séance, qui doit veiller au respect des exigences de clarté et de sincérité du débat parlementaire, ne saurait recourir à cette limitation que pour prévenir les usages abusifs, par les députés d'un même groupe, des prises de parole sur les amendements
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CONSTEXT000038755904_11
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CONSTEXT000038755904
| 11 |
DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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clarté et de sincérité du débat parlementaire, ne saurait recourir à cette limitation que pour prévenir les usages abusifs, par les députés d'un même groupe, des prises de parole sur les amendements identiques dont ils sont les auteurs.34. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe précédent, le 1° de l'article 33 n'est pas contraire à la Constitution.- Sur l'article 35 :35. L'article 35 insère dans le règlement un chapitre V bis, comprenant les articles 107-1 à 107-3, instaurant une procédure de législation en commission. 36. En vertu du premier alinéa de l'article 44 de la Constitution, le droit d'amendement des membres du Parlement et du Gouvernement « s'exerce en séance ou en commission selon les conditions fixées par les règlements des assemblées, dans le cadre déterminé par une loi organique ». Aux termes de l'article 16 de la loi organique du 15 avril 2009 mentionnée ci-dessus : « Les règlements des assemblées peuvent, s'ils instituent une procédure d'examen simplifiée d'un texte et si la mise en œuvre de cette procédure ne fait pas l'objet d'une opposition du Gouvernement, du président de la commission saisie au fond ou du président d'un groupe, prévoir que le texte adopté par la commission saisie au fond est seul mis en discussion en séance ».37. Le premier alinéa de l'article 107-1 prévoit que, à la demande du président de l'Assemblée nationale, du président de la commission saisie au fond, du président d'un groupe ou du Gouvernement,
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Résolution modifiant le règlement de l'Assemblée nationale
clarté et de sincérité du débat parlementaire, ne saurait recourir à cette limitation que pour prévenir les usages abusifs, par les députés d'un même groupe, des prises de parole sur les amendements identiques dont ils sont les auteurs.34. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe précédent, le 1° de l'article 33 n'est pas contraire à la Constitution.- Sur l'article 35 :35. L'article 35 insère dans le règlement un chapitre V bis, comprenant les articles 107-1 à 107-3, instaurant une procédure de législation en commission. 36. En vertu du premier alinéa de l'article 44 de la Constitution, le droit d'amendement des membres du Parlement et du Gouvernement « s'exerce en séance ou en commission selon les conditions fixées par les règlements des assemblées, dans le cadre déterminé par une loi organique ». Aux termes de l'article 16 de la loi organique du 15 avril 2009 mentionnée ci-dessus : « Les règlements des assemblées peuvent, s'ils instituent une procédure d'examen simplifiée d'un texte et si la mise en œuvre de cette procédure ne fait pas l'objet d'une opposition du Gouvernement, du président de la commission saisie au fond ou du président d'un groupe, prévoir que le texte adopté par la commission saisie au fond est seul mis en discussion en séance ».37. Le premier alinéa de l'article 107-1 prévoit que, à la demande du président de l'Assemblée nationale, du président de la commission saisie au fond, du président d'un groupe ou du Gouvernement,
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CONSTEXT000038755904_12
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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».37. Le premier alinéa de l'article 107-1 prévoit que, à la demande du président de l'Assemblée nationale, du président de la commission saisie au fond, du président d'un groupe ou du Gouvernement, la conférence des présidents peut décider que le droit d'amendement des députés et du Gouvernement sur un projet de loi ou sur une proposition de loi ou de résolution s'exerce uniquement en commission. Son deuxième alinéa prévoit que la procédure peut porter sur une partie du texte en discussion. Son troisième alinéa exclut de cette procédure les projets de révision constitutionnelle, les projets de loi de finances et les projets de loi de financement de la sécurité sociale. Les quatrième à sixième alinéas permettent au Gouvernement, au président de la commission saisie au fond ou à un président de groupe de s'opposer à cette procédure avant sa mise en œuvre ou de demander le retour à la procédure ordinaire à l'issue de l'examen du texte par la commission. 38. L'article 107-2 prévoit que tous les députés peuvent participer à la réunion de la commission et que la participation du Gouvernement y est de droit. Par ailleurs, par dérogation au douzième alinéa de l'article 86, une motion de rejet préalable peut être examinée en commission. Cette dérogation préserve la possibilité effective, pour les députés, de contester la conformité à la Constitution des dispositions d'un texte soumis à la procédure de législation en commission. 39. Le premier alinéa de l'article 107-3 prévoit que la
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Résolution modifiant le règlement de l'Assemblée nationale
».37. Le premier alinéa de l'article 107-1 prévoit que, à la demande du président de l'Assemblée nationale, du président de la commission saisie au fond, du président d'un groupe ou du Gouvernement, la conférence des présidents peut décider que le droit d'amendement des députés et du Gouvernement sur un projet de loi ou sur une proposition de loi ou de résolution s'exerce uniquement en commission. Son deuxième alinéa prévoit que la procédure peut porter sur une partie du texte en discussion. Son troisième alinéa exclut de cette procédure les projets de révision constitutionnelle, les projets de loi de finances et les projets de loi de financement de la sécurité sociale. Les quatrième à sixième alinéas permettent au Gouvernement, au président de la commission saisie au fond ou à un président de groupe de s'opposer à cette procédure avant sa mise en œuvre ou de demander le retour à la procédure ordinaire à l'issue de l'examen du texte par la commission. 38. L'article 107-2 prévoit que tous les députés peuvent participer à la réunion de la commission et que la participation du Gouvernement y est de droit. Par ailleurs, par dérogation au douzième alinéa de l'article 86, une motion de rejet préalable peut être examinée en commission. Cette dérogation préserve la possibilité effective, pour les députés, de contester la conformité à la Constitution des dispositions d'un texte soumis à la procédure de législation en commission. 39. Le premier alinéa de l'article 107-3 prévoit que la
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CONSTEXT000038755904_13
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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pour les députés, de contester la conformité à la Constitution des dispositions d'un texte soumis à la procédure de législation en commission. 39. Le premier alinéa de l'article 107-3 prévoit que la discussion en séance du texte de la commission s'engage par l'intervention du Gouvernement et du rapporteur de la commission saisie au fond ainsi que, le cas échéant, de son président. Conformément au cinquième alinéa de l'article 91, une motion de rejet préalable peut ensuite être mise en discussion. Le deuxième alinéa de l'article 107-3 limite la recevabilité en séance publique des amendements portant sur des dispositions faisant l'objet de la procédure de législation en commission aux seuls amendements visant à assurer le respect de la Constitution, à opérer une coordination avec une autre disposition du texte en discussion, avec d'autres textes en cours d'examen ou avec les textes en vigueur ou à procéder à la correction d'une erreur matérielle. Cette recevabilité est appréciée par le président de l'Assemblée nationale, après consultation éventuelle de la commission saisie au fond. Le cinquième alinéa de cet article prévoit que sont autorisées des explications de vote dans les conditions prévues au dernier alinéa de l'article 54, soit dans la limite de cinq minutes, à raison d'un orateur par groupe.40. Ces dispositions, qui mettent en œuvre l'article 16 de la loi organique du 15 avril 2009, ne sont pas contraires à la Constitution. - Sur l'article 37 :41. Le troisième alinéa
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Résolution modifiant le règlement de l'Assemblée nationale
pour les députés, de contester la conformité à la Constitution des dispositions d'un texte soumis à la procédure de législation en commission. 39. Le premier alinéa de l'article 107-3 prévoit que la discussion en séance du texte de la commission s'engage par l'intervention du Gouvernement et du rapporteur de la commission saisie au fond ainsi que, le cas échéant, de son président. Conformément au cinquième alinéa de l'article 91, une motion de rejet préalable peut ensuite être mise en discussion. Le deuxième alinéa de l'article 107-3 limite la recevabilité en séance publique des amendements portant sur des dispositions faisant l'objet de la procédure de législation en commission aux seuls amendements visant à assurer le respect de la Constitution, à opérer une coordination avec une autre disposition du texte en discussion, avec d'autres textes en cours d'examen ou avec les textes en vigueur ou à procéder à la correction d'une erreur matérielle. Cette recevabilité est appréciée par le président de l'Assemblée nationale, après consultation éventuelle de la commission saisie au fond. Le cinquième alinéa de cet article prévoit que sont autorisées des explications de vote dans les conditions prévues au dernier alinéa de l'article 54, soit dans la limite de cinq minutes, à raison d'un orateur par groupe.40. Ces dispositions, qui mettent en œuvre l'article 16 de la loi organique du 15 avril 2009, ne sont pas contraires à la Constitution. - Sur l'article 37 :41. Le troisième alinéa
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CONSTEXT000038755904_14
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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orateur par groupe.40. Ces dispositions, qui mettent en œuvre l'article 16 de la loi organique du 15 avril 2009, ne sont pas contraires à la Constitution. - Sur l'article 37 :41. Le troisième alinéa de l'article 37 modifie l'article 111 du règlement, relatif à la commission mixte paritaire. 42. En application de cet article 111, le nombre des représentants de chaque assemblée dans les commissions mixtes paritaires est fixé à sept. Il est également désigné sept suppléants appelés à voter dans la mesure nécessaire au maintien de la parité entre les deux assemblées. La composition de la commission mixte paritaire s'efforce de reproduire la configuration politique de l'Assemblée nationale. Le troisième alinéa de l'article 111, tel que modifié, prévoit également que, sous réserve que le groupe disposant du plus grand nombre de sièges de titulaires conserve au moins un siège de suppléant, chaque groupe dispose d'au moins un siège de titulaire ou de suppléant au sein de la commission mixte paritaire.43. Il ressort de l'économie de l'article 45 de la Constitution que la réunion d'une commission mixte paritaire a pour objet de permettre l'élaboration d'un texte susceptible d'être adopté en termes identiques par les deux assemblées. 44. La mise en œuvre des dispositions introduites au troisième alinéa de l'article 111 ne saurait, sans méconnaître les dispositions de l'article 45 de la Constitution, avoir pour effet de priver le groupe majoritaire, au sens du quatrième alinéa de
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Résolution modifiant le règlement de l'Assemblée nationale
orateur par groupe.40. Ces dispositions, qui mettent en œuvre l'article 16 de la loi organique du 15 avril 2009, ne sont pas contraires à la Constitution. - Sur l'article 37 :41. Le troisième alinéa de l'article 37 modifie l'article 111 du règlement, relatif à la commission mixte paritaire. 42. En application de cet article 111, le nombre des représentants de chaque assemblée dans les commissions mixtes paritaires est fixé à sept. Il est également désigné sept suppléants appelés à voter dans la mesure nécessaire au maintien de la parité entre les deux assemblées. La composition de la commission mixte paritaire s'efforce de reproduire la configuration politique de l'Assemblée nationale. Le troisième alinéa de l'article 111, tel que modifié, prévoit également que, sous réserve que le groupe disposant du plus grand nombre de sièges de titulaires conserve au moins un siège de suppléant, chaque groupe dispose d'au moins un siège de titulaire ou de suppléant au sein de la commission mixte paritaire.43. Il ressort de l'économie de l'article 45 de la Constitution que la réunion d'une commission mixte paritaire a pour objet de permettre l'élaboration d'un texte susceptible d'être adopté en termes identiques par les deux assemblées. 44. La mise en œuvre des dispositions introduites au troisième alinéa de l'article 111 ne saurait, sans méconnaître les dispositions de l'article 45 de la Constitution, avoir pour effet de priver le groupe majoritaire, au sens du quatrième alinéa de
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CONSTEXT000038472160_4
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CONSTEXT000038472160
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QPC
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Non conformité partielle
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M. Sing Kwon C. et autre [Visite des locaux à usage d'habitation par des agents municipaux]
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2019-772
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2019-04-05
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3. L'article L. 651-6 du code de la construction et de l'habitation, dans cette rédaction, prévoit :« Les agents assermentés du service municipal du logement sont nommés par le maire. Ils prêtent serment devant le juge du tribunal d'instance de leur résidence et sont astreints aux règles concernant le secret professionnel.« Leur nombre est fixé à 1 par 30 000 habitants ou fraction de ce chiffre. Ce nombre peut être augmenté par décision ministérielle.« Ils sont habilités à visiter les locaux à usage d'habitation situés dans le territoire relevant du service municipal du logement.« Ils doivent être munis d'un ordre de mission personnel ainsi que d'une carte d'identité revêtue de leur photographie.« La visite des locaux ne peut avoir lieu que de huit heures à dix-neuf heures ; l'occupant ou le gardien du local est tenu de laisser visiter sur présentation de l'ordre de mission ; la visite s'effectue en sa présence.« En cas de carence de la part de l'occupant ou du gardien du local, l'agent assermenté du service municipal du logement peut, au besoin, se faire ouvrir les portes et visiter les lieux en présence du maire ou du commissaire de police. Les portes doivent être refermées dans les mêmes conditions ».
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M. Sing Kwon C. et autre [Visite des locaux à usage d'habitation par des agents municipaux]
3. L'article L. 651-6 du code de la construction et de l'habitation, dans cette rédaction, prévoit :« Les agents assermentés du service municipal du logement sont nommés par le maire. Ils prêtent serment devant le juge du tribunal d'instance de leur résidence et sont astreints aux règles concernant le secret professionnel.« Leur nombre est fixé à 1 par 30 000 habitants ou fraction de ce chiffre. Ce nombre peut être augmenté par décision ministérielle.« Ils sont habilités à visiter les locaux à usage d'habitation situés dans le territoire relevant du service municipal du logement.« Ils doivent être munis d'un ordre de mission personnel ainsi que d'une carte d'identité revêtue de leur photographie.« La visite des locaux ne peut avoir lieu que de huit heures à dix-neuf heures ; l'occupant ou le gardien du local est tenu de laisser visiter sur présentation de l'ordre de mission ; la visite s'effectue en sa présence.« En cas de carence de la part de l'occupant ou du gardien du local, l'agent assermenté du service municipal du logement peut, au besoin, se faire ouvrir les portes et visiter les lieux en présence du maire ou du commissaire de police. Les portes doivent être refermées dans les mêmes conditions ».
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CONSTEXT000038755904_15
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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au troisième alinéa de l'article 111 ne saurait, sans méconnaître les dispositions de l'article 45 de la Constitution, avoir pour effet de priver le groupe majoritaire, au sens du quatrième alinéa de l'article 19 du règlement, du droit de revendiquer un nombre de titulaires dans la commission mixte paritaire représentatif de l'effectif de ce groupe au sein de l'Assemblée nationale. Sous cette réserve, l'article 37 de la résolution n'est pas contraire à la Constitution. - Sur l'article 53 : 45. L'article 53 modifie l'article 148 du règlement, relatif aux pétitions adressées au président de l'Assemblée nationale. Le 1° de l'article 53 prévoit la mise en ligne des pétitions signées par plus de 100 000 pétitionnaires. Son 2° prévoit que la pétition est désormais transmise directement à la commission compétente. Son 3° détermine les modalités selon lesquelles la commission débat de la pétition lorsqu'elle décide de l'examiner.46. Aux termes de l'article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n'est pas assurée, ni la séparation des pouvoirs déterminée, n'a point de Constitution ». Aux termes de l'article 5 bis de l'ordonnance du 17 novembre 1958 : « Une commission spéciale ou permanente peut convoquer toute personne dont elle estime l'audition nécessaire, réserve faite, d'une part, des sujets de caractère secret et concernant la défense nationale, les affaires étrangères, la sécurité intérieure ou extérieure de l'État, d'autre part, du
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Résolution modifiant le règlement de l'Assemblée nationale
au troisième alinéa de l'article 111 ne saurait, sans méconnaître les dispositions de l'article 45 de la Constitution, avoir pour effet de priver le groupe majoritaire, au sens du quatrième alinéa de l'article 19 du règlement, du droit de revendiquer un nombre de titulaires dans la commission mixte paritaire représentatif de l'effectif de ce groupe au sein de l'Assemblée nationale. Sous cette réserve, l'article 37 de la résolution n'est pas contraire à la Constitution. - Sur l'article 53 : 45. L'article 53 modifie l'article 148 du règlement, relatif aux pétitions adressées au président de l'Assemblée nationale. Le 1° de l'article 53 prévoit la mise en ligne des pétitions signées par plus de 100 000 pétitionnaires. Son 2° prévoit que la pétition est désormais transmise directement à la commission compétente. Son 3° détermine les modalités selon lesquelles la commission débat de la pétition lorsqu'elle décide de l'examiner.46. Aux termes de l'article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n'est pas assurée, ni la séparation des pouvoirs déterminée, n'a point de Constitution ». Aux termes de l'article 5 bis de l'ordonnance du 17 novembre 1958 : « Une commission spéciale ou permanente peut convoquer toute personne dont elle estime l'audition nécessaire, réserve faite, d'une part, des sujets de caractère secret et concernant la défense nationale, les affaires étrangères, la sécurité intérieure ou extérieure de l'État, d'autre part, du
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CONSTEXT000038755904_16
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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nécessaire, réserve faite, d'une part, des sujets de caractère secret et concernant la défense nationale, les affaires étrangères, la sécurité intérieure ou extérieure de l'État, d'autre part, du respect du principe de la séparation de l'autorité judiciaire et des autres pouvoirs ».47. Le quatrième alinéa du 3° de l'article 53 prévoit qu'une commission examinant une pétition peut décider d'auditionner des ministres. Dès lors qu'elles permettent en conséquence à une commission permanente d'imposer à un ministre une telle audition, ces dispositions méconnaissent le principe de la séparation des pouvoirs. Les mots « et d'auditionner des ministres » figurant au quatrième alinéa du 3° de l'article 53 sont donc contraires à la Constitution. 48. En second lieu, d'une part, les commissions, lorsqu'elles examinent une pétition, ont uniquement un rôle d'information contribuant à permettre à l'Assemblée nationale d'exercer son contrôle sur la politique du Gouvernement et d'évaluer les politiques publiques, dans les conditions prévues par la Constitution. 49. D'autre part, si le 3° de l'article 53 prévoit qu'un débat sur un rapport relatif à une pétition peut être inscrit par la conférence des présidents à l'ordre du jour de l'Assemblée nationale, cette inscription ne peut se faire que dans le respect de l'article 48 de la Constitution. 50. Ainsi, le reste de l'article 53 n'est pas contraire à la Constitution- Sur les autres dispositions de la résolution :51. Les autres dispositions de
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Résolution modifiant le règlement de l'Assemblée nationale
nécessaire, réserve faite, d'une part, des sujets de caractère secret et concernant la défense nationale, les affaires étrangères, la sécurité intérieure ou extérieure de l'État, d'autre part, du respect du principe de la séparation de l'autorité judiciaire et des autres pouvoirs ».47. Le quatrième alinéa du 3° de l'article 53 prévoit qu'une commission examinant une pétition peut décider d'auditionner des ministres. Dès lors qu'elles permettent en conséquence à une commission permanente d'imposer à un ministre une telle audition, ces dispositions méconnaissent le principe de la séparation des pouvoirs. Les mots « et d'auditionner des ministres » figurant au quatrième alinéa du 3° de l'article 53 sont donc contraires à la Constitution. 48. En second lieu, d'une part, les commissions, lorsqu'elles examinent une pétition, ont uniquement un rôle d'information contribuant à permettre à l'Assemblée nationale d'exercer son contrôle sur la politique du Gouvernement et d'évaluer les politiques publiques, dans les conditions prévues par la Constitution. 49. D'autre part, si le 3° de l'article 53 prévoit qu'un débat sur un rapport relatif à une pétition peut être inscrit par la conférence des présidents à l'ordre du jour de l'Assemblée nationale, cette inscription ne peut se faire que dans le respect de l'article 48 de la Constitution. 50. Ainsi, le reste de l'article 53 n'est pas contraire à la Constitution- Sur les autres dispositions de la résolution :51. Les autres dispositions de
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CONSTEXT000038755904_17
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CONSTEXT000038755904
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DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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le respect de l'article 48 de la Constitution. 50. Ainsi, le reste de l'article 53 n'est pas contraire à la Constitution- Sur les autres dispositions de la résolution :51. Les autres dispositions de la résolution ne sont pas contraires à la Constitution.
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Résolution modifiant le règlement de l'Assemblée nationale
le respect de l'article 48 de la Constitution. 50. Ainsi, le reste de l'article 53 n'est pas contraire à la Constitution- Sur les autres dispositions de la résolution :51. Les autres dispositions de la résolution ne sont pas contraires à la Constitution.
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CONSTEXT000038755904_18
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CONSTEXT000038755904
| 18 |
DC
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Non conformité partielle - réserve
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Résolution modifiant le règlement de l'Assemblée nationale
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2019-785
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2019-07-04
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la résolution adoptée le 4 juin 2019 par l'Assemblée nationale :- la seconde occurrence du mot « peut » figurant au second alinéa du 3° de l'article 24 ;- les mots « et d'auditionner des ministres » figurant au quatrième alinéa du 3° de l'article 53.
Article 2. - Sont conformes à la Constitution les dispositions suivantes de la même résolution :- le a du 1° de l'article 10, sous la réserve énoncée au paragraphe 9 ;- le a du 7° du même article 10, sous la réserve énoncée au paragraphe 11 ;- le 2°, le d du 3° et le 4° de l'article 16, sous la réserve énoncée au paragraphe 13 ;- l'article 31, sous la réserve énoncée au paragraphe 29 ;- le 1° de l'article 33, sous la réserve énoncée au paragraphe 33 ;- le 2° de l'article 36, sous la réserve énoncée au paragraphe 22 ;- l'article 37, sous la réserve énoncée au paragraphe 44.
Article 3. - Les autres dispositions de la même résolution sont conformes à la Constitution.
Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 4 juillet 2019.
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Résolution modifiant le règlement de l'Assemblée nationale
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la résolution adoptée le 4 juin 2019 par l'Assemblée nationale :- la seconde occurrence du mot « peut » figurant au second alinéa du 3° de l'article 24 ;- les mots « et d'auditionner des ministres » figurant au quatrième alinéa du 3° de l'article 53.
Article 2. - Sont conformes à la Constitution les dispositions suivantes de la même résolution :- le a du 1° de l'article 10, sous la réserve énoncée au paragraphe 9 ;- le a du 7° du même article 10, sous la réserve énoncée au paragraphe 11 ;- le 2°, le d du 3° et le 4° de l'article 16, sous la réserve énoncée au paragraphe 13 ;- l'article 31, sous la réserve énoncée au paragraphe 29 ;- le 1° de l'article 33, sous la réserve énoncée au paragraphe 33 ;- le 2° de l'article 36, sous la réserve énoncée au paragraphe 22 ;- l'article 37, sous la réserve énoncée au paragraphe 44.
Article 3. - Les autres dispositions de la même résolution sont conformes à la Constitution.
Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 4 juillet 2019.
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CONSTEXT000038755909_0
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CONSTEXT000038755909
| 0 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 13 mai 2019 par le Conseil d'État (décision n° 424115 du 10 mai 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la commune de Sainte-Rose et Mme Claudine B. par la SCP Monod - Colin - Stoclet, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-795 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article L. 242-1 du code des juridictions financières.
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 13 mai 2019 par le Conseil d'État (décision n° 424115 du 10 mai 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la commune de Sainte-Rose et Mme Claudine B. par la SCP Monod - Colin - Stoclet, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-795 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article L. 242-1 du code des juridictions financières.
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CONSTEXT000038016820_42
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CONSTEXT000038016820
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DC
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Conformité - réserve
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Loi relative à la lutte contre la manipulation de l'information
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2018-773
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2018-12-20
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Article 3. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 20 décembre 2018, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, MM. Jean-Jacques HYEST, Lionel JOSPIN, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI et M. Michel PINAULT.
Rendu public le 20 décembre 2018.
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Loi relative à la lutte contre la manipulation de l'information
Article 3. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 20 décembre 2018, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, MM. Jean-Jacques HYEST, Lionel JOSPIN, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI et M. Michel PINAULT.
Rendu public le 20 décembre 2018.
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CONSTEXT000038755909_2
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CONSTEXT000038755909
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QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article L. 242-1 du code des juridictions financières dans sa rédaction résultant de la loi du 28 octobre 2008 mentionnée ci-dessus. 2. L'article L. 242-1 du code des juridictions financières, dans cette rédaction, prévoit :« I. - Les rapports d'examen des comptes à fin de jugement ou ceux contenant des faits soit susceptibles de conduire à une condamnation à l'amende, soit présomptifs de gestion de fait sont communiqués au représentant du ministère public près la chambre régionale des comptes.« II. - Lorsque le ministère public ne relève aucune charge à l'égard d'un comptable public, il transmet ses conclusions au président de la formation de jugement ou à son délégué. Celui-ci peut demander un rapport complémentaire. Lorsque le ministère public ne relève aucune charge après communication de ce dernier, le président de la formation de jugement ou son délégué rend une ordonnance déchargeant le comptable de sa gestion.« Si aucune charge ne subsiste à l'encontre du comptable public au titre de ses gestions successives et s'il a cessé ses fonctions, quitus lui est donné dans les mêmes conditions.« III. - Lorsque le ministère public relève, dans les rapports mentionnés au I ou au vu des autres informations dont il dispose, un élément susceptible de conduire à la
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article L. 242-1 du code des juridictions financières dans sa rédaction résultant de la loi du 28 octobre 2008 mentionnée ci-dessus. 2. L'article L. 242-1 du code des juridictions financières, dans cette rédaction, prévoit :« I. - Les rapports d'examen des comptes à fin de jugement ou ceux contenant des faits soit susceptibles de conduire à une condamnation à l'amende, soit présomptifs de gestion de fait sont communiqués au représentant du ministère public près la chambre régionale des comptes.« II. - Lorsque le ministère public ne relève aucune charge à l'égard d'un comptable public, il transmet ses conclusions au président de la formation de jugement ou à son délégué. Celui-ci peut demander un rapport complémentaire. Lorsque le ministère public ne relève aucune charge après communication de ce dernier, le président de la formation de jugement ou son délégué rend une ordonnance déchargeant le comptable de sa gestion.« Si aucune charge ne subsiste à l'encontre du comptable public au titre de ses gestions successives et s'il a cessé ses fonctions, quitus lui est donné dans les mêmes conditions.« III. - Lorsque le ministère public relève, dans les rapports mentionnés au I ou au vu des autres informations dont il dispose, un élément susceptible de conduire à la
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CONSTEXT000038755909_3
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CONSTEXT000038755909
| 3 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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dans les mêmes conditions.« III. - Lorsque le ministère public relève, dans les rapports mentionnés au I ou au vu des autres informations dont il dispose, un élément susceptible de conduire à la mise en jeu de la responsabilité personnelle et pécuniaire du comptable, ou présomptif de gestion de fait, il saisit la formation de jugement.« La procédure est contradictoire. À leur demande, le comptable et l'ordonnateur ont accès au dossier.« Les débats ont lieu en audience publique. Toutefois, le président de la formation de jugement peut, à titre exceptionnel et après avis du ministère public, décider que l'audience aura lieu ou se poursuivra hors la présence du public si la sauvegarde de l'ordre public ou le respect de l'intimité des personnes ou de secrets protégés par la loi l'exige.« Le délibéré des juges est secret. Le magistrat chargé de l'instruction et le représentant du ministère public n'y assistent pas.« IV. - Les conditions d'application du présent article sont fixées par décret en Conseil d'État ».
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
dans les mêmes conditions.« III. - Lorsque le ministère public relève, dans les rapports mentionnés au I ou au vu des autres informations dont il dispose, un élément susceptible de conduire à la mise en jeu de la responsabilité personnelle et pécuniaire du comptable, ou présomptif de gestion de fait, il saisit la formation de jugement.« La procédure est contradictoire. À leur demande, le comptable et l'ordonnateur ont accès au dossier.« Les débats ont lieu en audience publique. Toutefois, le président de la formation de jugement peut, à titre exceptionnel et après avis du ministère public, décider que l'audience aura lieu ou se poursuivra hors la présence du public si la sauvegarde de l'ordre public ou le respect de l'intimité des personnes ou de secrets protégés par la loi l'exige.« Le délibéré des juges est secret. Le magistrat chargé de l'instruction et le représentant du ministère public n'y assistent pas.« IV. - Les conditions d'application du présent article sont fixées par décret en Conseil d'État ».
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CONSTEXT000038755909_4
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CONSTEXT000038755909
| 4 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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3. Les requérantes soutiennent que ces dispositions porteraient une atteinte substantielle au droit à un recours juridictionnel effectif et aux droits de la défense. Selon elles, en interdisant aux collectivités territoriales victimes d'une erreur du comptable public de soumettre au jugement des chambres régionales des comptes d'autres griefs que ceux retenus par le ministère public, ces dispositions les priveraient de toute possibilité d'exercer un recours auprès des juridictions financières pour obtenir l'indemnisation de leur préjudice. Elles font valoir qu'aucun autre mécanisme de mise en jeu de la responsabilité des comptables publics ne serait susceptible de pallier cette absence de recours et que la restriction ainsi apportée au droit des collectivités territoriales d'obtenir réparation de leur préjudice ne serait pas justifiée. Elles estiment, pour les mêmes raisons, que ces dispositions porteraient atteinte au droit de propriété des collectivités en cause.4. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « il saisit la formation de jugement » figurant au premier alinéa du paragraphe III de l'article L. 242-1 du code des juridictions financières.5. Aux termes de l'article 4 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La liberté consiste à pouvoir faire tout ce qui ne nuit pas à autrui ». Il résulte de ces dispositions qu'en principe, tout fait quelconque de l'homme qui cause à autrui un dommage oblige celui par
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
3. Les requérantes soutiennent que ces dispositions porteraient une atteinte substantielle au droit à un recours juridictionnel effectif et aux droits de la défense. Selon elles, en interdisant aux collectivités territoriales victimes d'une erreur du comptable public de soumettre au jugement des chambres régionales des comptes d'autres griefs que ceux retenus par le ministère public, ces dispositions les priveraient de toute possibilité d'exercer un recours auprès des juridictions financières pour obtenir l'indemnisation de leur préjudice. Elles font valoir qu'aucun autre mécanisme de mise en jeu de la responsabilité des comptables publics ne serait susceptible de pallier cette absence de recours et que la restriction ainsi apportée au droit des collectivités territoriales d'obtenir réparation de leur préjudice ne serait pas justifiée. Elles estiment, pour les mêmes raisons, que ces dispositions porteraient atteinte au droit de propriété des collectivités en cause.4. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « il saisit la formation de jugement » figurant au premier alinéa du paragraphe III de l'article L. 242-1 du code des juridictions financières.5. Aux termes de l'article 4 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La liberté consiste à pouvoir faire tout ce qui ne nuit pas à autrui ». Il résulte de ces dispositions qu'en principe, tout fait quelconque de l'homme qui cause à autrui un dommage oblige celui par
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CONSTEXT000038755909_5
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CONSTEXT000038755909
| 5 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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« La liberté consiste à pouvoir faire tout ce qui ne nuit pas à autrui ». Il résulte de ces dispositions qu'en principe, tout fait quelconque de l'homme qui cause à autrui un dommage oblige celui par la faute duquel il est arrivé à le réparer. La faculté d'agir en responsabilité met en œuvre cette exigence constitutionnelle. Toutefois, cette dernière ne fait pas obstacle à ce que le législateur aménage, pour un motif d'intérêt général, les conditions dans lesquelles la responsabilité peut être engagée. Il peut ainsi, pour un tel motif, apporter à ce principe des exclusions ou des limitations à condition qu'il n'en résulte pas une atteinte disproportionnée aux droits des victimes d'actes fautifs ainsi qu'au droit à un recours juridictionnel effectif qui découle de l'article 16 de la Déclaration de 1789.6. L'article 60 de la loi du 23 février 1963 mentionnée ci-dessus instaure, dans l'intérêt de l'ordre public financier, un régime spécial de responsabilité personnelle et pécuniaire des comptables publics devant les juridictions financières, dès lors qu'est constaté un déficit, une recette non recouvrée ou une dépense irrégulièrement payée. Dans ce cadre, les dispositions contestées confient au ministère public le monopole des poursuites des comptables publics devant les chambres régionales des comptes. Il résulte de la jurisprudence constante du Conseil d'État que, ce faisant, elles font obstacle à ce qu'une collectivité publique puisse contester devant l'une de ces
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
« La liberté consiste à pouvoir faire tout ce qui ne nuit pas à autrui ». Il résulte de ces dispositions qu'en principe, tout fait quelconque de l'homme qui cause à autrui un dommage oblige celui par la faute duquel il est arrivé à le réparer. La faculté d'agir en responsabilité met en œuvre cette exigence constitutionnelle. Toutefois, cette dernière ne fait pas obstacle à ce que le législateur aménage, pour un motif d'intérêt général, les conditions dans lesquelles la responsabilité peut être engagée. Il peut ainsi, pour un tel motif, apporter à ce principe des exclusions ou des limitations à condition qu'il n'en résulte pas une atteinte disproportionnée aux droits des victimes d'actes fautifs ainsi qu'au droit à un recours juridictionnel effectif qui découle de l'article 16 de la Déclaration de 1789.6. L'article 60 de la loi du 23 février 1963 mentionnée ci-dessus instaure, dans l'intérêt de l'ordre public financier, un régime spécial de responsabilité personnelle et pécuniaire des comptables publics devant les juridictions financières, dès lors qu'est constaté un déficit, une recette non recouvrée ou une dépense irrégulièrement payée. Dans ce cadre, les dispositions contestées confient au ministère public le monopole des poursuites des comptables publics devant les chambres régionales des comptes. Il résulte de la jurisprudence constante du Conseil d'État que, ce faisant, elles font obstacle à ce qu'une collectivité publique puisse contester devant l'une de ces
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CONSTEXT000038755909_6
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CONSTEXT000038755909
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QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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chambres régionales des comptes. Il résulte de la jurisprudence constante du Conseil d'État que, ce faisant, elles font obstacle à ce qu'une collectivité publique puisse contester devant l'une de ces juridictions les manquements du comptable lui ayant causé un préjudice lorsque de tels manquements n'ont pas été visés dans le réquisitoire du ministère public.7. Toutefois, en premier lieu, même si ce régime spécial de responsabilité des comptables publics peut conduire à l'indemnisation des préjudices subis par les collectivités publiques, son objet principal est, dans l'intérêt de l'ordre public financier, de garantir la régularité des comptes publics. Au vu de cet objet, il était loisible au législateur de confier au ministère public près les juridictions financières un monopole des poursuites en la matière. 8. En second lieu, le législateur a expressément prévu à l'article 60 de la loi du 23 février 1963 que ce régime spécial de responsabilité n'est pas exclusif de la responsabilité des mêmes comptables attachée à leur qualité d'agent public. Dès lors, les collectivités publiques victimes d'une faute du comptable ont la possibilité, si le ministère public près les juridictions financières n'a pas entendu saisir la chambre régionale des comptes de cette faute et de toutes ses conséquences, d'agir en responsabilité, selon les voies du droit commun, contre l'État ou contre le comptable lui-même.9. Il résulte de ce qui précède que les dispositions contestées ne portent
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
chambres régionales des comptes. Il résulte de la jurisprudence constante du Conseil d'État que, ce faisant, elles font obstacle à ce qu'une collectivité publique puisse contester devant l'une de ces juridictions les manquements du comptable lui ayant causé un préjudice lorsque de tels manquements n'ont pas été visés dans le réquisitoire du ministère public.7. Toutefois, en premier lieu, même si ce régime spécial de responsabilité des comptables publics peut conduire à l'indemnisation des préjudices subis par les collectivités publiques, son objet principal est, dans l'intérêt de l'ordre public financier, de garantir la régularité des comptes publics. Au vu de cet objet, il était loisible au législateur de confier au ministère public près les juridictions financières un monopole des poursuites en la matière. 8. En second lieu, le législateur a expressément prévu à l'article 60 de la loi du 23 février 1963 que ce régime spécial de responsabilité n'est pas exclusif de la responsabilité des mêmes comptables attachée à leur qualité d'agent public. Dès lors, les collectivités publiques victimes d'une faute du comptable ont la possibilité, si le ministère public près les juridictions financières n'a pas entendu saisir la chambre régionale des comptes de cette faute et de toutes ses conséquences, d'agir en responsabilité, selon les voies du droit commun, contre l'État ou contre le comptable lui-même.9. Il résulte de ce qui précède que les dispositions contestées ne portent
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CONSTEXT000038755906_4
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CONSTEXT000038755906
| 4 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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2. Les parties requérantes reprochent à ces dispositions de réserver aux praticiens des établissements publics de santé la possibilité d'exercer, au sein de leur établissement, une activité libérale non soumise à l'interdiction de facturation de dépassements d'honoraires. Elles soutiennent, en premier lieu, qu'il en résulterait une double différence de traitement, contraire au principe d'égalité devant la loi. La première serait établie entre les patients des établissements publics de santé. Selon qu'ils sont soignés par un praticien exerçant ou non à titre libéral, ces patients ne bénéficieraient pas tous de la garantie d'absence de dépassements d'honoraires. La seconde différence de traitement distinguerait entre les établissements publics de santé et les établissements de santé privés habilités à assurer le service public hospitalier, dans la mesure où seuls les premiers peuvent recruter des médecins autorisés à pratiquer des dépassements d'honoraires dans le cadre de l'exercice d'une activité libérale au sein de l'établissement. Les parties requérantes font valoir, en second lieu, qu'en réservant une telle possibilité de recrutement aux établissements publics de santé, sans l'étendre aux établissements de santé privés, ces dispositions rendraient trop difficile l'habilitation de ces derniers à l'exercice du service public hospitalier. Elles en concluent à une méconnaissance de la liberté d'entreprendre et de la liberté contractuelle.3. Par conséquent, la question
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
2. Les parties requérantes reprochent à ces dispositions de réserver aux praticiens des établissements publics de santé la possibilité d'exercer, au sein de leur établissement, une activité libérale non soumise à l'interdiction de facturation de dépassements d'honoraires. Elles soutiennent, en premier lieu, qu'il en résulterait une double différence de traitement, contraire au principe d'égalité devant la loi. La première serait établie entre les patients des établissements publics de santé. Selon qu'ils sont soignés par un praticien exerçant ou non à titre libéral, ces patients ne bénéficieraient pas tous de la garantie d'absence de dépassements d'honoraires. La seconde différence de traitement distinguerait entre les établissements publics de santé et les établissements de santé privés habilités à assurer le service public hospitalier, dans la mesure où seuls les premiers peuvent recruter des médecins autorisés à pratiquer des dépassements d'honoraires dans le cadre de l'exercice d'une activité libérale au sein de l'établissement. Les parties requérantes font valoir, en second lieu, qu'en réservant une telle possibilité de recrutement aux établissements publics de santé, sans l'étendre aux établissements de santé privés, ces dispositions rendraient trop difficile l'habilitation de ces derniers à l'exercice du service public hospitalier. Elles en concluent à une méconnaissance de la liberté d'entreprendre et de la liberté contractuelle.3. Par conséquent, la question
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CONSTEXT000038755909_7
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CONSTEXT000038755909
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QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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ses conséquences, d'agir en responsabilité, selon les voies du droit commun, contre l'État ou contre le comptable lui-même.9. Il résulte de ce qui précède que les dispositions contestées ne portent pas d'atteinte disproportionnée au droit des collectivités publiques victimes d'obtenir réparation de leur préjudice ni au droit à un recours juridictionnel effectif.10. Ces dispositions, qui ne méconnaissent pas non plus les droits de la défense et le droit de propriété ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
ses conséquences, d'agir en responsabilité, selon les voies du droit commun, contre l'État ou contre le comptable lui-même.9. Il résulte de ce qui précède que les dispositions contestées ne portent pas d'atteinte disproportionnée au droit des collectivités publiques victimes d'obtenir réparation de leur préjudice ni au droit à un recours juridictionnel effectif.10. Ces dispositions, qui ne méconnaissent pas non plus les droits de la défense et le droit de propriété ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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CONSTEXT000038755909_8
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CONSTEXT000038755909
| 8 |
QPC
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Conformité
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
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2019-795
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2019-07-05
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Les mots « il saisit la formation de jugement » figurant au premier alinéa du paragraphe III de l'article L. 242-1 du code des juridictions financières, dans sa rédaction résultant de la loi n° 2008-1091 du 28 octobre 2008 relative à la Cour des comptes et aux chambres régionales des comptes, sont conformes à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 5 juillet 2019.
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Commune de Sainte-Rose et autre [Monopole du ministère public pour l'exercice des poursuites devant les juridictions financières]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Les mots « il saisit la formation de jugement » figurant au premier alinéa du paragraphe III de l'article L. 242-1 du code des juridictions financières, dans sa rédaction résultant de la loi n° 2008-1091 du 28 octobre 2008 relative à la Cour des comptes et aux chambres régionales des comptes, sont conformes à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 5 juillet 2019.
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CONSTEXT000038755906_0
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CONSTEXT000038755906
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QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 avril 2019 par le Conseil d'État (décision n° 427173 du 12 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la clinique Saint Cœur, la clinique des Grainetières et la Fédération de l'hospitalisation privée par la SCP Lyon-Caen et Thiriez, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-792 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique, dans sa rédaction résultant de l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé.
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 avril 2019 par le Conseil d'État (décision n° 427173 du 12 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la clinique Saint Cœur, la clinique des Grainetières et la Fédération de l'hospitalisation privée par la SCP Lyon-Caen et Thiriez, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-792 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique, dans sa rédaction résultant de l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé.
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CONSTEXT000038755906_1
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CONSTEXT000038755906
| 1 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la santé publique ;- le code de la sécurité sociale ; - l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé, ratifiée par l'article unique de la loi n° 2017-1487 du 23 octobre 2017 ratifiant l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées par le Premier ministre, enregistrées le 7 mai 2019 ;- les observations présentées pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrées le 22 mai 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Frédéric Thiriez, avocat au Conseil d'État et à la Cour de cassation, pour les parties requérantes, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 11 juin 2019 ;Au vu de la note en délibéré présentée pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrée le 13 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la santé publique ;- le code de la sécurité sociale ; - l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé, ratifiée par l'article unique de la loi n° 2017-1487 du 23 octobre 2017 ratifiant l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées par le Premier ministre, enregistrées le 7 mai 2019 ;- les observations présentées pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrées le 22 mai 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Frédéric Thiriez, avocat au Conseil d'État et à la Cour de cassation, pour les parties requérantes, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 11 juin 2019 ;Au vu de la note en délibéré présentée pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrée le 13 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL
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CONSTEXT000038755906_2
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CONSTEXT000038755906
| 2 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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du 11 juin 2019 ;Au vu de la note en délibéré présentée pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrée le 13 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
du 11 juin 2019 ;Au vu de la note en délibéré présentée pour les parties requérantes par la SCP Lyon-Caen et Thiriez, enregistrée le 13 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038755906_3
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CONSTEXT000038755906
| 3 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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1. Le 4° du paragraphe I de l'article L. 6112-2 du code de la santé publique garantit, au sein du service public hospitalier, l'absence de facturation des dépassements d'honoraires et des dépassements des tarifs réglementaires. L'article L. 6154-2 du même code, dans sa rédaction résultant de l'ordonnance du 12 janvier 2017 mentionnée ci-dessus, définit les conditions d'exercice de l'activité libérale de certains praticiens des établissements publics de santé. Le dernier alinéa de son paragraphe II prévoit :« Des dispositions réglementaires, qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2, fixent les modalités d'exercice de l'activité libérale ».
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
1. Le 4° du paragraphe I de l'article L. 6112-2 du code de la santé publique garantit, au sein du service public hospitalier, l'absence de facturation des dépassements d'honoraires et des dépassements des tarifs réglementaires. L'article L. 6154-2 du même code, dans sa rédaction résultant de l'ordonnance du 12 janvier 2017 mentionnée ci-dessus, définit les conditions d'exercice de l'activité libérale de certains praticiens des établissements publics de santé. Le dernier alinéa de son paragraphe II prévoit :« Des dispositions réglementaires, qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2, fixent les modalités d'exercice de l'activité libérale ».
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CONSTEXT000038755906_5
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CONSTEXT000038755906
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QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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de ces derniers à l'exercice du service public hospitalier. Elles en concluent à une méconnaissance de la liberté d'entreprendre et de la liberté contractuelle.3. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2 » figurant au dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique.4. Selon l'article 6 de la Déclaration des droits de l'homme et du citoyen de 1789, la loi « doit être la même pour tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général, pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit.5. D'une part, en application de l'article L. 6112-3 du code de la santé publique, le service public hospitalier est assuré, notamment, par les établissements publics de santé et, sur leur demande, par les établissements de santé privés habilités par le directeur général de l'agence régionale de santé. Selon le 4° du paragraphe I de l'article L. 6112-2 du même code, les établissements de santé assurant le service public hospitalier et les professionnels de santé qui exercent en leur sein garantissent à toute personne qui recourt à leurs services l'absence de
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
de ces derniers à l'exercice du service public hospitalier. Elles en concluent à une méconnaissance de la liberté d'entreprendre et de la liberté contractuelle.3. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2 » figurant au dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique.4. Selon l'article 6 de la Déclaration des droits de l'homme et du citoyen de 1789, la loi « doit être la même pour tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général, pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit.5. D'une part, en application de l'article L. 6112-3 du code de la santé publique, le service public hospitalier est assuré, notamment, par les établissements publics de santé et, sur leur demande, par les établissements de santé privés habilités par le directeur général de l'agence régionale de santé. Selon le 4° du paragraphe I de l'article L. 6112-2 du même code, les établissements de santé assurant le service public hospitalier et les professionnels de santé qui exercent en leur sein garantissent à toute personne qui recourt à leurs services l'absence de
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CONSTEXT000038755906_6
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CONSTEXT000038755906
| 6 |
QPC
|
Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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les établissements de santé assurant le service public hospitalier et les professionnels de santé qui exercent en leur sein garantissent à toute personne qui recourt à leurs services l'absence de facturation de dépassements des tarifs fixés par l'autorité administrative et des tarifs des honoraires prévus au 1° du paragraphe I de l'article L. 162-14-1 du code de la sécurité sociale.6. D'autre part, en vertu des articles L. 6154-1 et L. 6154-2 du code de la santé publique, les praticiens statutaires exerçant à temps plein dans les établissements publics de santé peuvent être autorisés à exercer, dans leur établissement, une activité libérale. 7. Les dispositions contestées permettent au pouvoir réglementaire de prévoir, en faveur de ces praticiens, des dérogations à l'interdiction de facturation de dépassements d'honoraires.8. En premier lieu, lorsqu'ils exercent une activité libérale au sein de leur établissement, les praticiens des établissements publics de santé n'interviennent pas dans le cadre du service public hospitalier. Le patient accueilli dans un tel établissement peut ainsi bénéficier d'une prestation assurée soit par un praticien exerçant à titre libéral en dehors du cadre du service public hospitalier, sans garantie d'absence de dépassements d'honoraires, soit par un praticien intervenant dans le cadre du service public hospitalier, alors tenu à l'absence de facturation de tels dépassements. À cet égard, le paragraphe II de l'article L. 6154-2 garantit
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
les établissements de santé assurant le service public hospitalier et les professionnels de santé qui exercent en leur sein garantissent à toute personne qui recourt à leurs services l'absence de facturation de dépassements des tarifs fixés par l'autorité administrative et des tarifs des honoraires prévus au 1° du paragraphe I de l'article L. 162-14-1 du code de la sécurité sociale.6. D'autre part, en vertu des articles L. 6154-1 et L. 6154-2 du code de la santé publique, les praticiens statutaires exerçant à temps plein dans les établissements publics de santé peuvent être autorisés à exercer, dans leur établissement, une activité libérale. 7. Les dispositions contestées permettent au pouvoir réglementaire de prévoir, en faveur de ces praticiens, des dérogations à l'interdiction de facturation de dépassements d'honoraires.8. En premier lieu, lorsqu'ils exercent une activité libérale au sein de leur établissement, les praticiens des établissements publics de santé n'interviennent pas dans le cadre du service public hospitalier. Le patient accueilli dans un tel établissement peut ainsi bénéficier d'une prestation assurée soit par un praticien exerçant à titre libéral en dehors du cadre du service public hospitalier, sans garantie d'absence de dépassements d'honoraires, soit par un praticien intervenant dans le cadre du service public hospitalier, alors tenu à l'absence de facturation de tels dépassements. À cet égard, le paragraphe II de l'article L. 6154-2 garantit
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CONSTEXT000038755906_7
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CONSTEXT000038755906
| 7 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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par un praticien intervenant dans le cadre du service public hospitalier, alors tenu à l'absence de facturation de tels dépassements. À cet égard, le paragraphe II de l'article L. 6154-2 garantit l'information des patients et la neutralité de leur orientation entre activité libérale et activité publique. Les dispositions contestées n'instaurent ainsi aucune différence de traitement entre les patients accueillis dans un établissement public de santé.9. En second lieu, d'une part, les praticiens publics qui peuvent bénéficier de la dérogation prévue par les dispositions contestées sont, en raison de leur situation statutaire, tenus de consacrer la totalité de leur activité professionnelle à leurs fonctions hospitalières et universitaires. Il en va différemment des médecins libéraux employés par un établissement de santé privé assurant le service public hospitalier, qui n'ont pas nécessairement vocation à y consacrer l'intégralité de leur carrière et qui ne sont pas tenus d'exercer à plein temps leur activité au sein de cet établissement. Ces derniers peuvent donc exercer, dans des proportions que la loi les laisse libres de déterminer, d'autres activités médicales, non soumises à l'interdiction de dépassements d'honoraires, dans le cadre de la médecine de ville ou dans un établissement de santé n'assurant pas le service public hospitalier. La différence de traitement contestée, entre les établissements publics de santé et les établissements de santé privés, repose donc sur une
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
par un praticien intervenant dans le cadre du service public hospitalier, alors tenu à l'absence de facturation de tels dépassements. À cet égard, le paragraphe II de l'article L. 6154-2 garantit l'information des patients et la neutralité de leur orientation entre activité libérale et activité publique. Les dispositions contestées n'instaurent ainsi aucune différence de traitement entre les patients accueillis dans un établissement public de santé.9. En second lieu, d'une part, les praticiens publics qui peuvent bénéficier de la dérogation prévue par les dispositions contestées sont, en raison de leur situation statutaire, tenus de consacrer la totalité de leur activité professionnelle à leurs fonctions hospitalières et universitaires. Il en va différemment des médecins libéraux employés par un établissement de santé privé assurant le service public hospitalier, qui n'ont pas nécessairement vocation à y consacrer l'intégralité de leur carrière et qui ne sont pas tenus d'exercer à plein temps leur activité au sein de cet établissement. Ces derniers peuvent donc exercer, dans des proportions que la loi les laisse libres de déterminer, d'autres activités médicales, non soumises à l'interdiction de dépassements d'honoraires, dans le cadre de la médecine de ville ou dans un établissement de santé n'assurant pas le service public hospitalier. La différence de traitement contestée, entre les établissements publics de santé et les établissements de santé privés, repose donc sur une
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CONSTEXT000038755906_8
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CONSTEXT000038755906
| 8 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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de santé n'assurant pas le service public hospitalier. La différence de traitement contestée, entre les établissements publics de santé et les établissements de santé privés, repose donc sur une différence de situation.10. D'autre part, la possibilité pour les praticiens statutaires à temps plein des établissements publics de santé d'exercer une activité libérale au sein de l'établissement est soumise à plusieurs conditions. Elle ne doit pas entraver l'accomplissement des missions du service public hospitalier. Les praticiens doivent être adhérents à la convention régissant les rapports entre les organismes d'assurance maladie et les médecins, mentionnée à l'article L. 162-5 du code de la sécurité sociale, relative à l'encadrement des tarifs. Ils doivent exercer personnellement et à titre principal une activité de même nature dans le secteur hospitalier public. La durée de l'activité libérale ne doit pas excéder 20 % de la durée de service hospitalier hebdomadaire à laquelle ils sont astreints. Le nombre de consultations et d'actes effectués au titre de l'activité libérale doit être inférieur au nombre de consultations et d'actes effectués au titre de l'activité publique. Enfin, aucun lit ni aucune installation médico-technique ne doit être réservé à l'activité libérale. L'exercice, dans de telles conditions, d'une activité libérale vise à offrir, uniquement à titre accessoire, un complément de rémunération et de retraite aux praticiens statutaires à temps plein des
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
de santé n'assurant pas le service public hospitalier. La différence de traitement contestée, entre les établissements publics de santé et les établissements de santé privés, repose donc sur une différence de situation.10. D'autre part, la possibilité pour les praticiens statutaires à temps plein des établissements publics de santé d'exercer une activité libérale au sein de l'établissement est soumise à plusieurs conditions. Elle ne doit pas entraver l'accomplissement des missions du service public hospitalier. Les praticiens doivent être adhérents à la convention régissant les rapports entre les organismes d'assurance maladie et les médecins, mentionnée à l'article L. 162-5 du code de la sécurité sociale, relative à l'encadrement des tarifs. Ils doivent exercer personnellement et à titre principal une activité de même nature dans le secteur hospitalier public. La durée de l'activité libérale ne doit pas excéder 20 % de la durée de service hospitalier hebdomadaire à laquelle ils sont astreints. Le nombre de consultations et d'actes effectués au titre de l'activité libérale doit être inférieur au nombre de consultations et d'actes effectués au titre de l'activité publique. Enfin, aucun lit ni aucune installation médico-technique ne doit être réservé à l'activité libérale. L'exercice, dans de telles conditions, d'une activité libérale vise à offrir, uniquement à titre accessoire, un complément de rémunération et de retraite aux praticiens statutaires à temps plein des
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CONSTEXT000038755906_9
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CONSTEXT000038755906
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QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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L'exercice, dans de telles conditions, d'une activité libérale vise à offrir, uniquement à titre accessoire, un complément de rémunération et de retraite aux praticiens statutaires à temps plein des établissements publics de santé. Il permet ainsi d'améliorer l'attractivité des carrières hospitalières publiques et la qualité des établissements publics de santé.11. Dans la mesure où la possibilité de pratiquer des dépassements d'honoraires contribue à cette attractivité, la différence de traitement contestée est en rapport direct avec l'objet de la loi.12. Il résulte de tout ce qui précède que le grief tiré de la méconnaissance du principe d'égalité devant la loi doit être écarté. 13. Les dispositions contestées, qui ne méconnaissent pas non plus la liberté d'entreprendre et la liberté contractuelle, ni aucun autre droit ou liberté que la Constitution garantit, doivent donc être déclarées conformes à la Constitution.
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
L'exercice, dans de telles conditions, d'une activité libérale vise à offrir, uniquement à titre accessoire, un complément de rémunération et de retraite aux praticiens statutaires à temps plein des établissements publics de santé. Il permet ainsi d'améliorer l'attractivité des carrières hospitalières publiques et la qualité des établissements publics de santé.11. Dans la mesure où la possibilité de pratiquer des dépassements d'honoraires contribue à cette attractivité, la différence de traitement contestée est en rapport direct avec l'objet de la loi.12. Il résulte de tout ce qui précède que le grief tiré de la méconnaissance du principe d'égalité devant la loi doit être écarté. 13. Les dispositions contestées, qui ne méconnaissent pas non plus la liberté d'entreprendre et la liberté contractuelle, ni aucun autre droit ou liberté que la Constitution garantit, doivent donc être déclarées conformes à la Constitution.
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CONSTEXT000038755906_10
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CONSTEXT000038755906
| 10 |
QPC
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Conformité
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
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2019-792
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2019-06-21
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Les mots « qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2 » figurant au dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique, dans sa rédaction résultant de l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé, sont conformes à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 21 juin 2019.
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Clinique Saint Cœur et autres [Dépassement d'honoraires dans le cadre de l'activité libérale des praticiens des établissements publics de santé]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - Les mots « qui peuvent, le cas échéant, déroger aux dispositions du 4° du I de l'article L. 6112-2 » figurant au dernier alinéa du paragraphe II de l'article L. 6154-2 du code de la santé publique, dans sa rédaction résultant de l'ordonnance n° 2017-31 du 12 janvier 2017 de mise en cohérence des textes au regard des dispositions de la loi n° 2016-41 du 26 janvier 2016 de modernisation de notre système de santé, sont conformes à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 21 juin 2019.
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CONSTEXT000038755905_0
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 8 avril 2019 par le Conseil d'État (décision n° 427252 du 5 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la section française de l'Observatoire international des prisons par la SCP Spinosi et Sureau, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-791 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles 148-5, 712-5 et 723-6 du code de procédure pénale.
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 8 avril 2019 par le Conseil d'État (décision n° 427252 du 5 avril 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la section française de l'Observatoire international des prisons par la SCP Spinosi et Sureau, avocat au Conseil d'État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-791 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles 148-5, 712-5 et 723-6 du code de procédure pénale.
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CONSTEXT000038755905_1
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de procédure pénale ;- la loi n° 93-2 du 4 janvier 1993 portant réforme de la procédure pénale ;- la loi n° 2004-204 du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité ;- la loi n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour l'association requérante par la SCP Spinosi et Sureau, enregistrées le 30 avril 2019 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour l'association requérante par la SCP Spinosi et Sureau, enregistrées le 14 mai 2019 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Patrice Spinosi, avocat au Conseil d'État et à la Cour de cassation, pour l'association requérante, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 11 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de procédure pénale ;- la loi n° 93-2 du 4 janvier 1993 portant réforme de la procédure pénale ;- la loi n° 2004-204 du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité ;- la loi n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour l'association requérante par la SCP Spinosi et Sureau, enregistrées le 30 avril 2019 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour l'association requérante par la SCP Spinosi et Sureau, enregistrées le 14 mai 2019 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Patrice Spinosi, avocat au Conseil d'État et à la Cour de cassation, pour l'association requérante, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 11 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038755905_2
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article 148-5 du code de procédure pénale dans sa rédaction résultant de la loi du 4 janvier 1993 mentionnée ci-dessus, de l'article 712-5 du même code dans sa rédaction résultant de la loi du 15 août 2014 mentionnée ci-dessus et de l'article 723-6 du même code dans sa rédaction résultant de la loi du 9 mars 2004 mentionnée ci-dessus.2. L'article 148-5 du code de procédure pénale, dans cette rédaction, prévoit :« En toute matière et en tout état de la procédure d'instruction, la juridiction d'instruction ou de jugement peut, à titre exceptionnel, accorder une autorisation de sortie sous escorte à la personne mise en examen, au prévenu ou à l'accusé ».
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article 148-5 du code de procédure pénale dans sa rédaction résultant de la loi du 4 janvier 1993 mentionnée ci-dessus, de l'article 712-5 du même code dans sa rédaction résultant de la loi du 15 août 2014 mentionnée ci-dessus et de l'article 723-6 du même code dans sa rédaction résultant de la loi du 9 mars 2004 mentionnée ci-dessus.2. L'article 148-5 du code de procédure pénale, dans cette rédaction, prévoit :« En toute matière et en tout état de la procédure d'instruction, la juridiction d'instruction ou de jugement peut, à titre exceptionnel, accorder une autorisation de sortie sous escorte à la personne mise en examen, au prévenu ou à l'accusé ».
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CONSTEXT000038755905_3
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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3. L'article 712-5 du code de procédure pénale, dans la rédaction mentionnée ci-dessus, prévoit :« Sauf en cas d'urgence, les ordonnances concernant les réductions de peine, les autorisations de sorties sous escortes et les permissions de sortir sont prises après avis de la commission de l'application des peines.« Cette commission est réputée avoir rendu son avis si celui-ci n'est pas intervenu dans le délai d'un mois à compter du jour de sa saisine.« La commission de l'application des peines est présidée par le juge de l'application des peines ; le procureur de la République et le chef d'établissement en sont membres de droit. Le service pénitentiaire d'insertion et de probation y est représenté ».
4. L'article 723-6 du code de procédure pénale, dans la rédaction mentionnée ci-dessus, prévoit :« Tout condamné peut, dans les conditions de l'article 712-5, obtenir, à titre exceptionnel, une autorisation de sortie sous escorte ».
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
3. L'article 712-5 du code de procédure pénale, dans la rédaction mentionnée ci-dessus, prévoit :« Sauf en cas d'urgence, les ordonnances concernant les réductions de peine, les autorisations de sorties sous escortes et les permissions de sortir sont prises après avis de la commission de l'application des peines.« Cette commission est réputée avoir rendu son avis si celui-ci n'est pas intervenu dans le délai d'un mois à compter du jour de sa saisine.« La commission de l'application des peines est présidée par le juge de l'application des peines ; le procureur de la République et le chef d'établissement en sont membres de droit. Le service pénitentiaire d'insertion et de probation y est représenté ».
4. L'article 723-6 du code de procédure pénale, dans la rédaction mentionnée ci-dessus, prévoit :« Tout condamné peut, dans les conditions de l'article 712-5, obtenir, à titre exceptionnel, une autorisation de sortie sous escorte ».
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CONSTEXT000038755905_9
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CONSTEXT000038755905
| 9 |
QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article 148-5 du code de procédure pénale, dans sa rédaction résultant de la loi n° 93-2 du 4 janvier 1993 portant réforme de la procédure pénale, est contraire à la Constitution.
Article 2. - L'article 723-6 du code de procédure pénale, dans sa rédaction résultant de la loi n° 2004-204 du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité, est conforme à la Constitution.
Article 3. - La déclaration d'inconstitutionnalité de l'article 1er prend effet dans les conditions fixées au paragraphe 16 de cette décision.
Article 4. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 21 juin 2019.
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article 148-5 du code de procédure pénale, dans sa rédaction résultant de la loi n° 93-2 du 4 janvier 1993 portant réforme de la procédure pénale, est contraire à la Constitution.
Article 2. - L'article 723-6 du code de procédure pénale, dans sa rédaction résultant de la loi n° 2004-204 du 9 mars 2004 portant adaptation de la justice aux évolutions de la criminalité, est conforme à la Constitution.
Article 3. - La déclaration d'inconstitutionnalité de l'article 1er prend effet dans les conditions fixées au paragraphe 16 de cette décision.
Article 4. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 21 juin 2019.
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CONSTEXT000038755905_4
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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5. L'association requérante soutient que ces dispositions méconnaîtraient le droit à un recours juridictionnel effectif. D'une part, elle critique le fait que ne peut être contestée la décision par laquelle l'autorité judiciaire refuse une autorisation de sortie sous escorte à une personne placée en détention provisoire. D'autre part, la requérante relève que si la personne détenue condamnée peut faire appel d'un refus d'autorisation de sortie sous escorte, aucun délai n'est prescrit au premier juge saisi pour statuer sur la demande d'autorisation de sortie. En outre, compte tenu de la nature particulière de la mesure en cause, le législateur aurait dû imposer au juge de se prononcer avec célérité. Enfin, la requérante fait valoir que les dispositions contestées ne précisent pas les motifs pour lesquels une autorisation de sortie sous escorte peut être refusée. Il résulterait également de tout ce qui précède une méconnaissance du droit de mener une vie familiale normale. Pour les mêmes raisons, ces dispositions seraient aussi entachées d'une incompétence négative de nature à porter atteinte aux droits mentionnés ci-dessus.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les articles 148-5 et 723-6 du code de procédure pénale.- Sur le fond :. En ce qui concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne placée en détention provisoire :7. Selon l'article 16 de la Déclaration des droits
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
5. L'association requérante soutient que ces dispositions méconnaîtraient le droit à un recours juridictionnel effectif. D'une part, elle critique le fait que ne peut être contestée la décision par laquelle l'autorité judiciaire refuse une autorisation de sortie sous escorte à une personne placée en détention provisoire. D'autre part, la requérante relève que si la personne détenue condamnée peut faire appel d'un refus d'autorisation de sortie sous escorte, aucun délai n'est prescrit au premier juge saisi pour statuer sur la demande d'autorisation de sortie. En outre, compte tenu de la nature particulière de la mesure en cause, le législateur aurait dû imposer au juge de se prononcer avec célérité. Enfin, la requérante fait valoir que les dispositions contestées ne précisent pas les motifs pour lesquels une autorisation de sortie sous escorte peut être refusée. Il résulterait également de tout ce qui précède une méconnaissance du droit de mener une vie familiale normale. Pour les mêmes raisons, ces dispositions seraient aussi entachées d'une incompétence négative de nature à porter atteinte aux droits mentionnés ci-dessus.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les articles 148-5 et 723-6 du code de procédure pénale.- Sur le fond :. En ce qui concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne placée en détention provisoire :7. Selon l'article 16 de la Déclaration des droits
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CONSTEXT000038755905_5
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CONSTEXT000038755905
| 5 |
QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne placée en détention provisoire :7. Selon l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 : « Toute société dans laquelle la garantie des droits n'est pas assurée ni la séparation des pouvoirs déterminée, n'a point de Constitution ». Il résulte de cette disposition qu'il ne doit pas être porté d'atteinte substantielle au droit des personnes intéressées d'exercer un recours effectif devant une juridiction.8. L'article 148-5 du code de procédure pénale prévoit que les personnes placées en détention provisoire peuvent, en toute matière et en tout état de la procédure d'instruction, bénéficier à titre exceptionnel d'une autorisation de sortie sous escorte octroyée par la juridiction d'instruction ou de jugement. Toutefois, ni ces dispositions ni aucune autre disposition législative ne permettent de contester devant une juridiction le refus d'une telle autorisation.9. Au regard des conséquences qu'entraîne ce refus pour une personne placée en détention provisoire, l'absence de voie de droit permettant la remise en cause de la décision de la juridiction d'instruction ou de jugement méconnaît les exigences découlant de l'article 16 de la Déclaration de 1789. Sans qu'il soit besoin d'examiner les autres griefs, l'article 148-5 du code de procédure pénale doit donc être déclaré contraire à la Constitution. . En ce qui concerne la contestation
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne placée en détention provisoire :7. Selon l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 : « Toute société dans laquelle la garantie des droits n'est pas assurée ni la séparation des pouvoirs déterminée, n'a point de Constitution ». Il résulte de cette disposition qu'il ne doit pas être porté d'atteinte substantielle au droit des personnes intéressées d'exercer un recours effectif devant une juridiction.8. L'article 148-5 du code de procédure pénale prévoit que les personnes placées en détention provisoire peuvent, en toute matière et en tout état de la procédure d'instruction, bénéficier à titre exceptionnel d'une autorisation de sortie sous escorte octroyée par la juridiction d'instruction ou de jugement. Toutefois, ni ces dispositions ni aucune autre disposition législative ne permettent de contester devant une juridiction le refus d'une telle autorisation.9. Au regard des conséquences qu'entraîne ce refus pour une personne placée en détention provisoire, l'absence de voie de droit permettant la remise en cause de la décision de la juridiction d'instruction ou de jugement méconnaît les exigences découlant de l'article 16 de la Déclaration de 1789. Sans qu'il soit besoin d'examiner les autres griefs, l'article 148-5 du code de procédure pénale doit donc être déclaré contraire à la Constitution. . En ce qui concerne la contestation
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CONSTEXT000038755905_6
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CONSTEXT000038755905
| 6 |
QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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de 1789. Sans qu'il soit besoin d'examiner les autres griefs, l'article 148-5 du code de procédure pénale doit donc être déclaré contraire à la Constitution. . En ce qui concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne condamnée :10. L'article 723-6 du code de procédure pénale prévoit que les personnes condamnées détenues peuvent bénéficier, à titre exceptionnel, d'une autorisation de sortie sous escorte. La décision d'octroi ou de refus d'une telle mesure est prise par le juge de l'application des peines, qui statue par ordonnance. En application des articles 712-1 et 712-12 du même code, cette décision est susceptible de faire l'objet d'un recours devant le président de la chambre de l'application des peines.11. En premier lieu, selon l'article 802-1 du code de procédure pénale, lorsque, en application de ce code, une juridiction est saisie d'une demande à laquelle il doit être répondu par une décision motivée susceptible de recours, il est possible d'exercer un recours contre la décision implicite de rejet de la demande, qui naît à l'issue d'un délai de deux mois. Il en résulte que, en l'absence de réponse du juge de l'application des peines durant un délai de deux mois, le condamné ayant sollicité une autorisation de sortie sous escorte peut contester devant le président de la chambre de l'application des peines le refus implicite qui lui est opposé. 12. En deuxième lieu, il appartient au juge de tenir
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
de 1789. Sans qu'il soit besoin d'examiner les autres griefs, l'article 148-5 du code de procédure pénale doit donc être déclaré contraire à la Constitution. . En ce qui concerne la contestation du refus opposé à une demande d'autorisation de sortie sous escorte formée par une personne condamnée :10. L'article 723-6 du code de procédure pénale prévoit que les personnes condamnées détenues peuvent bénéficier, à titre exceptionnel, d'une autorisation de sortie sous escorte. La décision d'octroi ou de refus d'une telle mesure est prise par le juge de l'application des peines, qui statue par ordonnance. En application des articles 712-1 et 712-12 du même code, cette décision est susceptible de faire l'objet d'un recours devant le président de la chambre de l'application des peines.11. En premier lieu, selon l'article 802-1 du code de procédure pénale, lorsque, en application de ce code, une juridiction est saisie d'une demande à laquelle il doit être répondu par une décision motivée susceptible de recours, il est possible d'exercer un recours contre la décision implicite de rejet de la demande, qui naît à l'issue d'un délai de deux mois. Il en résulte que, en l'absence de réponse du juge de l'application des peines durant un délai de deux mois, le condamné ayant sollicité une autorisation de sortie sous escorte peut contester devant le président de la chambre de l'application des peines le refus implicite qui lui est opposé. 12. En deuxième lieu, il appartient au juge de tenir
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CONSTEXT000038755905_7
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CONSTEXT000038755905
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QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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de sortie sous escorte peut contester devant le président de la chambre de l'application des peines le refus implicite qui lui est opposé. 12. En deuxième lieu, il appartient au juge de tenir compte de l'éventuelle urgence de la demande pour rendre une décision avant l'expiration du délai de deux mois mentionné ci-dessus. 13. En dernier lieu, le droit à un recours juridictionnel effectif n'impose pas au législateur de déterminer les motifs d'octroi ou de refus d'une autorisation de sortie sous escorte. 14. Il résulte de tout ce qui précède que le grief tiré de la méconnaissance du droit à un recours juridictionnel effectif doit être écarté. L'article 723-6 du code de procédure pénale, qui n'est pas non plus entaché d'incompétence négative et ne méconnaît ni le droit de mener une vie familiale normale ni aucun autre droit ou liberté que la Constitution garantit, doit être déclaré conforme à la Constitution.- Sur les effets de la déclaration d'inconstitutionnalité : 15. Selon le deuxième alinéa de l'article 62 de la Constitution : « Une disposition déclarée inconstitutionnelle sur le fondement de l'article 61-1 est abrogée à compter de la publication de la décision du Conseil constitutionnel ou d'une date ultérieure fixée par cette décision. Le Conseil constitutionnel détermine les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
de sortie sous escorte peut contester devant le président de la chambre de l'application des peines le refus implicite qui lui est opposé. 12. En deuxième lieu, il appartient au juge de tenir compte de l'éventuelle urgence de la demande pour rendre une décision avant l'expiration du délai de deux mois mentionné ci-dessus. 13. En dernier lieu, le droit à un recours juridictionnel effectif n'impose pas au législateur de déterminer les motifs d'octroi ou de refus d'une autorisation de sortie sous escorte. 14. Il résulte de tout ce qui précède que le grief tiré de la méconnaissance du droit à un recours juridictionnel effectif doit être écarté. L'article 723-6 du code de procédure pénale, qui n'est pas non plus entaché d'incompétence négative et ne méconnaît ni le droit de mener une vie familiale normale ni aucun autre droit ou liberté que la Constitution garantit, doit être déclaré conforme à la Constitution.- Sur les effets de la déclaration d'inconstitutionnalité : 15. Selon le deuxième alinéa de l'article 62 de la Constitution : « Une disposition déclarée inconstitutionnelle sur le fondement de l'article 61-1 est abrogée à compter de la publication de la décision du Conseil constitutionnel ou d'une date ultérieure fixée par cette décision. Le Conseil constitutionnel détermine les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à
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CONSTEXT000038755905_8
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CONSTEXT000038755905
| 8 |
QPC
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Non conformité partielle
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
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2019-791
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2019-06-21
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les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à l'auteur de la question prioritaire de constitutionnalité et la disposition déclarée contraire à la Constitution ne peut être appliquée dans les instances en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer la date de l'abrogation et de reporter dans le temps ses effets que de prévoir la remise en cause des effets que la disposition a produits avant l'intervention de cette déclaration.16. En l'espèce, les dispositions de l'article 148-5 du code de procédure pénale déclarées contraires à la Constitution, dans sa rédaction contestée, ne sont plus en vigueur. La déclaration d'inconstitutionnalité est applicable à toutes les affaires non jugées définitivement à la date de la publication de la présente décision.
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Section française de l'Observatoire international des prisons [Autorisation de sortie sous escorte d'une personne détenue]
les conditions et limites dans lesquelles les effets que la disposition a produits sont susceptibles d'être remis en cause ». En principe, la déclaration d'inconstitutionnalité doit bénéficier à l'auteur de la question prioritaire de constitutionnalité et la disposition déclarée contraire à la Constitution ne peut être appliquée dans les instances en cours à la date de la publication de la décision du Conseil constitutionnel. Cependant, les dispositions de l'article 62 de la Constitution réservent à ce dernier le pouvoir tant de fixer la date de l'abrogation et de reporter dans le temps ses effets que de prévoir la remise en cause des effets que la disposition a produits avant l'intervention de cette déclaration.16. En l'espèce, les dispositions de l'article 148-5 du code de procédure pénale déclarées contraires à la Constitution, dans sa rédaction contestée, ne sont plus en vigueur. La déclaration d'inconstitutionnalité est applicable à toutes les affaires non jugées définitivement à la date de la publication de la présente décision.
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CONSTEXT000038016784_4
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CONSTEXT000038016784
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L
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Réglementaire
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Nature juridique de la mention des inspections générales de l'éducation nationale, de la recherche, de la jeunesse et des sports dans diverses dispositions
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2018-276
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2018-11-15
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Jugé par le Conseil constitutionnel dans sa séance du, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, MM. Jean-Jacques HYEST, Lionel JOSPIN, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI et M. Michel PINAULT.
Rendu public le 15 novembre 2018.
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Nature juridique de la mention des inspections générales de l'éducation nationale, de la recherche, de la jeunesse et des sports dans diverses dispositions
Jugé par le Conseil constitutionnel dans sa séance du, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, MM. Jean-Jacques HYEST, Lionel JOSPIN, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI et M. Michel PINAULT.
Rendu public le 15 novembre 2018.
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CONSTEXT000038755910_0
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CONSTEXT000038755910
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QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 mai 2019 par le Conseil d'État (décision n° 428206 du même jour), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la société Autolille par Mes Stéphane Austry et Dov Milsztajn, avocats au barreau des Hauts-de-Seine. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-796 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013.
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 mai 2019 par le Conseil d'État (décision n° 428206 du même jour), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée pour la société Autolille par Mes Stéphane Austry et Dov Milsztajn, avocats au barreau des Hauts-de-Seine. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-796 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013.
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CONSTEXT000038755910_1
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CONSTEXT000038755910
| 1 |
QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la sécurité sociale ;- le code du travail ;- la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013 ;- la loi n° 2018-1203 du 22 décembre 2018 de financement de la sécurité sociale pour 2019 ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour l'agence centrale des organismes de sécurité sociale, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par Me Jean-Jacques Gatineau, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 29 mai 2019 ; - les observations présentées pour la société requérante par Mes Austry et Milsztajn, enregistrées le 31 mai 2019 ;- les observations présentées par le Premier ministre, enregistrées le 31 mai 2019 ;- les secondes observations présentées pour la société requérante par Mes Austry et Milsztajn, enregistrées le 12 juin 2019 ; - les secondes observations présentées pour l'agence centrale des organismes de sécurité sociale par Me Gatineau, enregistrées le 13 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Mes Austry et Milsztajn, pour la société requérante, Me Gatineau, pour la partie au litige à l'occasion
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de la sécurité sociale ;- le code du travail ;- la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013 ;- la loi n° 2018-1203 du 22 décembre 2018 de financement de la sécurité sociale pour 2019 ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour l'agence centrale des organismes de sécurité sociale, partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, par Me Jean-Jacques Gatineau, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 29 mai 2019 ; - les observations présentées pour la société requérante par Mes Austry et Milsztajn, enregistrées le 31 mai 2019 ;- les observations présentées par le Premier ministre, enregistrées le 31 mai 2019 ;- les secondes observations présentées pour la société requérante par Mes Austry et Milsztajn, enregistrées le 12 juin 2019 ; - les secondes observations présentées pour l'agence centrale des organismes de sécurité sociale par Me Gatineau, enregistrées le 13 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Mes Austry et Milsztajn, pour la société requérante, Me Gatineau, pour la partie au litige à l'occasion
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CONSTEXT000038755910_2
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CONSTEXT000038755910
| 2 |
QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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le 13 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Mes Austry et Milsztajn, pour la société requérante, Me Gatineau, pour la partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 25 juin 2019 ;Au vu de la note en délibéré présentée pour la société requérante par Mes Austry et Milsztajn, enregistrées le 26 juin 2019 ; Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
le 13 juin 2019 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Mes Austry et Milsztajn, pour la société requérante, Me Gatineau, pour la partie au litige à l'occasion duquel la question prioritaire de constitutionnalité a été posée, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 25 juin 2019 ;Au vu de la note en délibéré présentée pour la société requérante par Mes Austry et Milsztajn, enregistrées le 26 juin 2019 ; Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038755910_3
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CONSTEXT000038755910
| 3 |
QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
|
1. L'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 17 décembre 2012 mentionnée ci-dessus, prévoit :« Lorsqu'il est constaté que le donneur d'ordre n'a pas rempli l'une des obligations définies à l'article L. 8222-1 du code du travail et que son cocontractant a, au cours de la même période, exercé un travail dissimulé par dissimulation d'activité ou d'emploi salarié, l'organisme de recouvrement procède à l'annulation des réductions ou exonérations des cotisations ou contributions dont le donneur d'ordre a bénéficié au titre des rémunérations versées à ses salariés. Le donneur d'ordre ou le maître d'ouvrage encourt la même sanction, dans les mêmes conditions, lorsqu'il est constaté qu'il a manqué à l'obligation mentionnée à l'article L. 8222-5 du code du travail.« L'annulation s'applique pour chacun des mois au cours desquels les conditions mentionnées au premier alinéa du présent article sont vérifiées. Elle est calculée selon les modalités prévues aux deux derniers alinéas de l'article L. 133-4-2, sans que son montant global puisse excéder 15 000 € pour une personne physique et 75 000 € pour une personne morale.« Les modalités d'application du présent article, en particulier la manière dont est assuré le respect du principe du contradictoire, sont déterminées par décret en Conseil d'État ».
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
1. L'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi du 17 décembre 2012 mentionnée ci-dessus, prévoit :« Lorsqu'il est constaté que le donneur d'ordre n'a pas rempli l'une des obligations définies à l'article L. 8222-1 du code du travail et que son cocontractant a, au cours de la même période, exercé un travail dissimulé par dissimulation d'activité ou d'emploi salarié, l'organisme de recouvrement procède à l'annulation des réductions ou exonérations des cotisations ou contributions dont le donneur d'ordre a bénéficié au titre des rémunérations versées à ses salariés. Le donneur d'ordre ou le maître d'ouvrage encourt la même sanction, dans les mêmes conditions, lorsqu'il est constaté qu'il a manqué à l'obligation mentionnée à l'article L. 8222-5 du code du travail.« L'annulation s'applique pour chacun des mois au cours desquels les conditions mentionnées au premier alinéa du présent article sont vérifiées. Elle est calculée selon les modalités prévues aux deux derniers alinéas de l'article L. 133-4-2, sans que son montant global puisse excéder 15 000 € pour une personne physique et 75 000 € pour une personne morale.« Les modalités d'application du présent article, en particulier la manière dont est assuré le respect du principe du contradictoire, sont déterminées par décret en Conseil d'État ».
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CONSTEXT000038755902_3
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CONSTEXT000038755902
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DC
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Non conformité partielle - déclassement organique
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Loi organique portant modification du statut d'autonomie de la Polynésie française
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2019-783
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2019-06-27
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la sécurité et l'ordre publics, la monnaie, le crédit et les changes, ainsi que le droit électoral.5. Le deuxième alinéa de l'article 10 de la loi organique transfère à la Polynésie française la compétence pour réglementer les conditions particulières d'exercice de la profession d'avocat pour l'assistance et la représentation en justice des bénéficiaires de l'aide juridictionnelle en matière foncière. Or, dans la mesure où celles-ci relèvent de l'organisation de la justice, matière que la Constitution réserve à la compétence de l'État, elles ne peuvent faire l'objet d'un tel transfert. Dès lors, cet alinéa est contraire au quatrième alinéa de l'article 74 de la Constitution. 6. Le troisième alinéa de l'article 10 de la loi organique autorise la Polynésie française à employer, dans le seul cadre des litiges en matière foncière, des avocats en qualité de salariés pour les missions d'assistance et de représentation en justice des bénéficiaires de l'aide juridictionnelle en matière foncière. Ces dispositions ne relèvent d'aucune des matières que l'article 74 a placées dans le champ de la loi organique ni d'une matière indissociable de celles-ci. Par suite, le troisième alinéa de l'article 10 de la loi organique a valeur de loi ordinaire. - Sur l'article 15 : 7. L'article 15 étend, à l'article 47 de la loi organique du 27 février 2004, la compétence de la Polynésie française, en matière d'exploration et d'exploitation des ressources naturelles biologiques et non biologiques, à la
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Loi organique portant modification du statut d'autonomie de la Polynésie française
la sécurité et l'ordre publics, la monnaie, le crédit et les changes, ainsi que le droit électoral.5. Le deuxième alinéa de l'article 10 de la loi organique transfère à la Polynésie française la compétence pour réglementer les conditions particulières d'exercice de la profession d'avocat pour l'assistance et la représentation en justice des bénéficiaires de l'aide juridictionnelle en matière foncière. Or, dans la mesure où celles-ci relèvent de l'organisation de la justice, matière que la Constitution réserve à la compétence de l'État, elles ne peuvent faire l'objet d'un tel transfert. Dès lors, cet alinéa est contraire au quatrième alinéa de l'article 74 de la Constitution. 6. Le troisième alinéa de l'article 10 de la loi organique autorise la Polynésie française à employer, dans le seul cadre des litiges en matière foncière, des avocats en qualité de salariés pour les missions d'assistance et de représentation en justice des bénéficiaires de l'aide juridictionnelle en matière foncière. Ces dispositions ne relèvent d'aucune des matières que l'article 74 a placées dans le champ de la loi organique ni d'une matière indissociable de celles-ci. Par suite, le troisième alinéa de l'article 10 de la loi organique a valeur de loi ordinaire. - Sur l'article 15 : 7. L'article 15 étend, à l'article 47 de la loi organique du 27 février 2004, la compétence de la Polynésie française, en matière d'exploration et d'exploitation des ressources naturelles biologiques et non biologiques, à la
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CONSTEXT000038755910_4
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CONSTEXT000038755910
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QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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2. La société requérante soutient en premier lieu que ces dispositions méconnaîtraient le principe de proportionnalité des peines. En effet, elles privent le donneur d'ordre des exonérations et réductions de cotisations sociales dont il a bénéficié au titre des rémunérations versées à ses salariés dès lors qu'il n'a pas respecté ses obligations de vigilance et de diligence à l'égard de son cocontractant, qui s'est rendu coupable d'un travail dissimulé. Ce faisant, le législateur aurait institué une sanction fondée sur une assiette dépourvue de lien avec le comportement sanctionné. La disproportion de cette sanction résulterait également de l'absence de caractère intentionnel du comportement réprimé. La société requérante se prévaut en second lieu du principe d'égalité devant la loi, alléguant une différence de traitement non justifiée entre donneurs d'ordre, selon leur nombre de salariés alors pourtant que leur cocontractant a commis dans les mêmes proportions l'infraction de travail dissimulé.- Sur le grief tiré de la méconnaissance du principe de proportionnalité des peines :3. Selon l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La loi ne doit établir que des peines strictement et évidemment nécessaires, et nul ne peut être puni qu'en vertu d'une loi établie et promulguée antérieurement au délit, et légalement appliquée ». Si la nécessité des peines attachées aux infractions relève du pouvoir d'appréciation du législateur, il incombe au
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
2. La société requérante soutient en premier lieu que ces dispositions méconnaîtraient le principe de proportionnalité des peines. En effet, elles privent le donneur d'ordre des exonérations et réductions de cotisations sociales dont il a bénéficié au titre des rémunérations versées à ses salariés dès lors qu'il n'a pas respecté ses obligations de vigilance et de diligence à l'égard de son cocontractant, qui s'est rendu coupable d'un travail dissimulé. Ce faisant, le législateur aurait institué une sanction fondée sur une assiette dépourvue de lien avec le comportement sanctionné. La disproportion de cette sanction résulterait également de l'absence de caractère intentionnel du comportement réprimé. La société requérante se prévaut en second lieu du principe d'égalité devant la loi, alléguant une différence de traitement non justifiée entre donneurs d'ordre, selon leur nombre de salariés alors pourtant que leur cocontractant a commis dans les mêmes proportions l'infraction de travail dissimulé.- Sur le grief tiré de la méconnaissance du principe de proportionnalité des peines :3. Selon l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789 : « La loi ne doit établir que des peines strictement et évidemment nécessaires, et nul ne peut être puni qu'en vertu d'une loi établie et promulguée antérieurement au délit, et légalement appliquée ». Si la nécessité des peines attachées aux infractions relève du pouvoir d'appréciation du législateur, il incombe au
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CONSTEXT000038755910_5
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CONSTEXT000038755910
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QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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d'une loi établie et promulguée antérieurement au délit, et légalement appliquée ». Si la nécessité des peines attachées aux infractions relève du pouvoir d'appréciation du législateur, il incombe au Conseil constitutionnel de s'assurer de l'absence de disproportion manifeste entre l'infraction et la peine encourue.4. D'une part, l'article L. 8222-1 du code du travail impose, lors de la conclusion d'un contrat dont l'objet porte sur une obligation d'un montant minimum en vue de l'exécution d'un travail, de la fourniture d'une prestation de services ou de l'accomplissement d'un acte de commerce, de vérifier que son cocontractant s'acquitte des formalités dont l'omission caractérise le délit de travail dissimulé. Cette obligation se poursuit périodiquement lors de l'exécution du contrat. D'autre part, en vertu de l'article L. 8222-5 du même code, le donneur d'ordre est tenu d'enjoindre aussitôt à son cocontractant de faire cesser sans délai la situation de travail dissimulé dont il aura préalablement été informé. 5. Lorsqu'il est constaté que le donneur d'ordre n'a pas rempli l'une de ces obligations et que son cocontractant a, au cours de la même période, exercé un travail dissimulé, les dispositions contestées prévoient de sanctionner le donneur d'ordre. Cette sanction, qui présente le caractère d'une punition, consiste en l'annulation des réductions ou exonérations des cotisations ou contributions sociales dont le donneur d'ordre a bénéficié au titre des rémunérations
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
d'une loi établie et promulguée antérieurement au délit, et légalement appliquée ». Si la nécessité des peines attachées aux infractions relève du pouvoir d'appréciation du législateur, il incombe au Conseil constitutionnel de s'assurer de l'absence de disproportion manifeste entre l'infraction et la peine encourue.4. D'une part, l'article L. 8222-1 du code du travail impose, lors de la conclusion d'un contrat dont l'objet porte sur une obligation d'un montant minimum en vue de l'exécution d'un travail, de la fourniture d'une prestation de services ou de l'accomplissement d'un acte de commerce, de vérifier que son cocontractant s'acquitte des formalités dont l'omission caractérise le délit de travail dissimulé. Cette obligation se poursuit périodiquement lors de l'exécution du contrat. D'autre part, en vertu de l'article L. 8222-5 du même code, le donneur d'ordre est tenu d'enjoindre aussitôt à son cocontractant de faire cesser sans délai la situation de travail dissimulé dont il aura préalablement été informé. 5. Lorsqu'il est constaté que le donneur d'ordre n'a pas rempli l'une de ces obligations et que son cocontractant a, au cours de la même période, exercé un travail dissimulé, les dispositions contestées prévoient de sanctionner le donneur d'ordre. Cette sanction, qui présente le caractère d'une punition, consiste en l'annulation des réductions ou exonérations des cotisations ou contributions sociales dont le donneur d'ordre a bénéficié au titre des rémunérations
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CONSTEXT000038755910_6
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CONSTEXT000038755910
| 6 |
QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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présente le caractère d'une punition, consiste en l'annulation des réductions ou exonérations des cotisations ou contributions sociales dont le donneur d'ordre a bénéficié au titre des rémunérations versées à ses salariés.6. En premier lieu, les dispositions contestées répriment des manquements par un donneur d'ordre à ses obligations de vigilance ou de diligence dont l'effet est de faciliter la réalisation du travail dissimulé par son cocontractant ou de contribuer à celle-ci. En prévoyant que le donneur d'ordre est, dans cette hypothèse, privé des réductions ou exonérations des cotisations ou contributions dont il a pu bénéficier au titre des rémunérations versées à ses salariés, le législateur a entendu lutter contre le travail dissimulé tout en responsabilisant spécifiquement les donneurs d'ordre bénéficiant de telles réductions ou exonérations. Il a entendu tenir compte des liens économiques entre les cocontractants résultant du recours à la sous-traitance.7. En deuxième lieu, la sanction contestée est plafonnée à un montant de 15 000 euros pour une personne physique et de 75 000 euros pour une personne morale, quel que soit le montant des réductions ou exonérations des cotisations ou contributions dues aux organismes de sécurité sociale obtenues par le donneur d'ordre.8. En dernier lieu, l'article L. 133-4-2 du code de la sécurité sociale, dans sa rédaction applicable jusqu'à l'entrée en vigueur de la loi du 22 décembre 2018 mentionnée ci-dessus, précise que, lorsque
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
présente le caractère d'une punition, consiste en l'annulation des réductions ou exonérations des cotisations ou contributions sociales dont le donneur d'ordre a bénéficié au titre des rémunérations versées à ses salariés.6. En premier lieu, les dispositions contestées répriment des manquements par un donneur d'ordre à ses obligations de vigilance ou de diligence dont l'effet est de faciliter la réalisation du travail dissimulé par son cocontractant ou de contribuer à celle-ci. En prévoyant que le donneur d'ordre est, dans cette hypothèse, privé des réductions ou exonérations des cotisations ou contributions dont il a pu bénéficier au titre des rémunérations versées à ses salariés, le législateur a entendu lutter contre le travail dissimulé tout en responsabilisant spécifiquement les donneurs d'ordre bénéficiant de telles réductions ou exonérations. Il a entendu tenir compte des liens économiques entre les cocontractants résultant du recours à la sous-traitance.7. En deuxième lieu, la sanction contestée est plafonnée à un montant de 15 000 euros pour une personne physique et de 75 000 euros pour une personne morale, quel que soit le montant des réductions ou exonérations des cotisations ou contributions dues aux organismes de sécurité sociale obtenues par le donneur d'ordre.8. En dernier lieu, l'article L. 133-4-2 du code de la sécurité sociale, dans sa rédaction applicable jusqu'à l'entrée en vigueur de la loi du 22 décembre 2018 mentionnée ci-dessus, précise que, lorsque
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CONSTEXT000038755910_7
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CONSTEXT000038755910
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QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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En dernier lieu, l'article L. 133-4-2 du code de la sécurité sociale, dans sa rédaction applicable jusqu'à l'entrée en vigueur de la loi du 22 décembre 2018 mentionnée ci-dessus, précise que, lorsque les rémunérations dissimulées au cours du mois sont inférieures à la rémunération mensuelle minimale prévue par la loi, l'annulation des réductions et exonérations est réduite à due proportion en leur appliquant un coefficient égal au rapport entre les rémunérations dues ou versées en contrepartie du travail dissimulé et la rémunération mensuelle minimale. En outre, cette annulation ne s'applique que pour chacun des mois au cours desquels le cocontractant a exercé un travail dissimulé. La sanction prononcée est donc modulée en fonction de l'ampleur et de la durée du travail dissimulé que le manquement sanctionné a pu faciliter. 9. Il résulte de tout ce qui précède que le législateur a retenu une sanction en adéquation avec l'objectif poursuivi et qui n'est pas manifestement hors de proportion avec la gravité de l'infraction. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.- Sur le grief tiré de la méconnaissance du principe d'égalité devant la loi :10. Selon l'article 6 de la Déclaration de 1789, la loi « doit être la même pour tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
En dernier lieu, l'article L. 133-4-2 du code de la sécurité sociale, dans sa rédaction applicable jusqu'à l'entrée en vigueur de la loi du 22 décembre 2018 mentionnée ci-dessus, précise que, lorsque les rémunérations dissimulées au cours du mois sont inférieures à la rémunération mensuelle minimale prévue par la loi, l'annulation des réductions et exonérations est réduite à due proportion en leur appliquant un coefficient égal au rapport entre les rémunérations dues ou versées en contrepartie du travail dissimulé et la rémunération mensuelle minimale. En outre, cette annulation ne s'applique que pour chacun des mois au cours desquels le cocontractant a exercé un travail dissimulé. La sanction prononcée est donc modulée en fonction de l'ampleur et de la durée du travail dissimulé que le manquement sanctionné a pu faciliter. 9. Il résulte de tout ce qui précède que le législateur a retenu une sanction en adéquation avec l'objectif poursuivi et qui n'est pas manifestement hors de proportion avec la gravité de l'infraction. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.- Sur le grief tiré de la méconnaissance du principe d'égalité devant la loi :10. Selon l'article 6 de la Déclaration de 1789, la loi « doit être la même pour tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité
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CONSTEXT000038755910_8
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CONSTEXT000038755910
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QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général, pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit. Il n'en résulte pas pour autant que le principe d'égalité oblige à traiter différemment des personnes se trouvant dans des situations différentes.11. Les dispositions contestées prévoient une sanction identique, dans son principe, pour tout donneur d'ordre ayant manqué à ses obligations de diligence et de vigilance en matière de travail dissimulé à l'égard de son cocontractant, sans distinguer entre les donneurs d'ordre selon le montant des réductions ou exonérations dont ils ont bénéficié pour l'emploi de leurs salariés. Le législateur n'ayant ainsi institué aucune différence de traitement, le grief tiré de la méconnaissance du principe d'égalité devant la loi doit donc être écarté.12. Par conséquent, les dispositions contestées, qui ne méconnaissent aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
tous, soit qu'elle protège, soit qu'elle punisse ». Le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général, pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit. Il n'en résulte pas pour autant que le principe d'égalité oblige à traiter différemment des personnes se trouvant dans des situations différentes.11. Les dispositions contestées prévoient une sanction identique, dans son principe, pour tout donneur d'ordre ayant manqué à ses obligations de diligence et de vigilance en matière de travail dissimulé à l'égard de son cocontractant, sans distinguer entre les donneurs d'ordre selon le montant des réductions ou exonérations dont ils ont bénéficié pour l'emploi de leurs salariés. Le législateur n'ayant ainsi institué aucune différence de traitement, le grief tiré de la méconnaissance du principe d'égalité devant la loi doit donc être écarté.12. Par conséquent, les dispositions contestées, qui ne méconnaissent aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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CONSTEXT000038755903_2
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CONSTEXT000038755903
| 2 |
DC
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Non conformité partielle
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Loi portant diverses dispositions institutionnelles en Polynésie française
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2019-784
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2019-06-27
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lois de finances et si la fixation du montant exact d'un tel prélèvement peut être renvoyée à une loi de finances, il résulte des dispositions organiques précitées que les dispositions créant un tel prélèvement doivent définir sa destination de façon précise. 5. S'il est loisible à la loi ordinaire ou à la loi de finances de prévoir un prélèvement sur les recettes de l'État au bénéfice de la Polynésie française, en l'espèce, en se bornant à prévoir qu'un tel prélèvement est destiné « à couvrir les charges liées, pour cette collectivité d'outre-mer, aux déséquilibres d'ordre économique provoqués par l'arrêt des activités du centre d'expérimentation du Pacifique », sans indications suffisantes quant aux critères de détermination de ces charges, le législateur a méconnu l'article 6 de la loi organique du 1er août 2001. Dès lors, l'article 1er de la loi déférée est contraire à la Constitution.- Sur la place d'autres dispositions dans la loi déférée : 6. Aux termes de la dernière phrase du premier alinéa de l'article 45 de la Constitution : « Sans préjudice de l'application des articles 40 et 41, tout amendement est recevable en première lecture dès lors qu'il présente un lien, même indirect, avec le texte déposé ou transmis ».7. L'article 6 est relatif à la compétence des communes en matière de crématoriums.8. Les articles 10, 11, 12, 13 et 14 sont relatifs au droit successoral applicable en Polynésie française.9. L'article 15 est relatif aux conditions d'exploitation, en
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Loi portant diverses dispositions institutionnelles en Polynésie française
lois de finances et si la fixation du montant exact d'un tel prélèvement peut être renvoyée à une loi de finances, il résulte des dispositions organiques précitées que les dispositions créant un tel prélèvement doivent définir sa destination de façon précise. 5. S'il est loisible à la loi ordinaire ou à la loi de finances de prévoir un prélèvement sur les recettes de l'État au bénéfice de la Polynésie française, en l'espèce, en se bornant à prévoir qu'un tel prélèvement est destiné « à couvrir les charges liées, pour cette collectivité d'outre-mer, aux déséquilibres d'ordre économique provoqués par l'arrêt des activités du centre d'expérimentation du Pacifique », sans indications suffisantes quant aux critères de détermination de ces charges, le législateur a méconnu l'article 6 de la loi organique du 1er août 2001. Dès lors, l'article 1er de la loi déférée est contraire à la Constitution.- Sur la place d'autres dispositions dans la loi déférée : 6. Aux termes de la dernière phrase du premier alinéa de l'article 45 de la Constitution : « Sans préjudice de l'application des articles 40 et 41, tout amendement est recevable en première lecture dès lors qu'il présente un lien, même indirect, avec le texte déposé ou transmis ».7. L'article 6 est relatif à la compétence des communes en matière de crématoriums.8. Les articles 10, 11, 12, 13 et 14 sont relatifs au droit successoral applicable en Polynésie française.9. L'article 15 est relatif aux conditions d'exploitation, en
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CONSTEXT000038755910_9
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CONSTEXT000038755910
| 9 |
QPC
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Conformité
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
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2019-796
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2019-07-05
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LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013, est conforme à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 5 juillet 2019.
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Société Autolille [Annulation des réductions ou exonérations des cotisations et contributions sociales des donneurs d'ordre en cas de travail dissimulé]
LE CONSEIL CONSTITUTIONNEL DÉCIDE :
Article 1er. - L'article L. 133-4-5 du code de la sécurité sociale, dans sa rédaction résultant de la loi n° 2012-1404 du 17 décembre 2012 de financement de la sécurité sociale pour 2013, est conforme à la Constitution.
Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l'article 23-11 de l'ordonnance du 7 novembre 1958 susvisée.
Jugé par le Conseil constitutionnel dans sa séance du 4 juillet 2019, où siégeaient : M. Laurent FABIUS, Président, Mme Claire BAZY MALAURIE, M. Alain JUPPÉ, Mmes Dominique LOTTIN, Corinne LUQUIENS, Nicole MAESTRACCI, MM. Jacques MÉZARD, François PILLET et Michel PINAULT.
Rendu public le 5 juillet 2019.
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CONSTEXT000038755908_0
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CONSTEXT000038755908
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QPC
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Conformité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
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2019-794
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2019-06-28
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 7 mai 2019 par le Conseil d'État (décision n° 427650 du 6 mai 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée par l'union syndicale des magistrats administratifs et le syndicat de la juridiction administrative. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-794 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article 54 de la loi n° 2018-727 du 10 août 2018 pour un État au service d'une société de confiance.
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 7 mai 2019 par le Conseil d'État (décision n° 427650 du 6 mai 2019), dans les conditions prévues à l'article 61-1 de la Constitution, d'une question prioritaire de constitutionnalité. Cette question a été posée par l'union syndicale des magistrats administratifs et le syndicat de la juridiction administrative. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2019-794 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l'article 54 de la loi n° 2018-727 du 10 août 2018 pour un État au service d'une société de confiance.
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CONSTEXT000038755908_1
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CONSTEXT000038755908
| 1 |
QPC
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Conformité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
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2019-794
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2019-06-28
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Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de l'expropriation pour cause d'utilité publique ;- le code de la santé publique ;- le code de l'urbanisme ;- la loi n° 2018-727 du 10 août 2018 pour un État au service d'une société de confiance ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les syndicats requérants par Me Aloïs Ramel, avocat au barreau de Paris, enregistrées le 29 mai 2019 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Ramel pour les syndicats requérants et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 18 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
Au vu des textes suivants :- la Constitution ;- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code de l'expropriation pour cause d'utilité publique ;- le code de la santé publique ;- le code de l'urbanisme ;- la loi n° 2018-727 du 10 août 2018 pour un État au service d'une société de confiance ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour les syndicats requérants par Me Aloïs Ramel, avocat au barreau de Paris, enregistrées le 29 mai 2019 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Ramel pour les syndicats requérants et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 18 juin 2019 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000038755908_2
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CONSTEXT000038755908
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QPC
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Conformité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
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2019-794
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2019-06-28
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1. L'article 54 de la loi du 10 août 2018 mentionnée ci-dessus prévoit :« I. - À titre expérimental, le bénéficiaire ou l'auteur d'une décision administrative non réglementaire entrant dans l'une des catégories définies au deuxième alinéa du présent I peut saisir le tribunal administratif d'une demande tendant à apprécier la légalité externe de cette décision.« Le premier alinéa du présent I est applicable aux décisions précisées par le décret en Conseil d'État prévu au V, prises sur le fondement du code de l'expropriation pour cause d'utilité publique, du code de l'urbanisme ou des articles L. 1331-25 à L. 1331-29 du code de la santé publique et dont l'éventuelle illégalité pourrait être invoquée, alors même que ces décisions seraient devenues définitives, à l'appui de conclusions dirigées contre un acte ultérieur.« Le premier alinéa n'est pas applicable aux décisions prises par décret.« II. - La demande en appréciation de régularité est formée dans un délai de trois mois à compter de la notification ou de la publication de la décision en cause. Elle est rendue publique dans des conditions permettant à toute personne ayant intérêt à agir contre cette décision d'intervenir à la procédure.« La demande est présentée, instruite et jugée dans les formes prévues par le code de justice administrative, sous réserve des adaptations réglementaires nécessaires. Elle suspend l'examen des recours dirigés contre la décision en cause et dans lesquels sont soulevés des moyens de légalité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
1. L'article 54 de la loi du 10 août 2018 mentionnée ci-dessus prévoit :« I. - À titre expérimental, le bénéficiaire ou l'auteur d'une décision administrative non réglementaire entrant dans l'une des catégories définies au deuxième alinéa du présent I peut saisir le tribunal administratif d'une demande tendant à apprécier la légalité externe de cette décision.« Le premier alinéa du présent I est applicable aux décisions précisées par le décret en Conseil d'État prévu au V, prises sur le fondement du code de l'expropriation pour cause d'utilité publique, du code de l'urbanisme ou des articles L. 1331-25 à L. 1331-29 du code de la santé publique et dont l'éventuelle illégalité pourrait être invoquée, alors même que ces décisions seraient devenues définitives, à l'appui de conclusions dirigées contre un acte ultérieur.« Le premier alinéa n'est pas applicable aux décisions prises par décret.« II. - La demande en appréciation de régularité est formée dans un délai de trois mois à compter de la notification ou de la publication de la décision en cause. Elle est rendue publique dans des conditions permettant à toute personne ayant intérêt à agir contre cette décision d'intervenir à la procédure.« La demande est présentée, instruite et jugée dans les formes prévues par le code de justice administrative, sous réserve des adaptations réglementaires nécessaires. Elle suspend l'examen des recours dirigés contre la décision en cause et dans lesquels sont soulevés des moyens de légalité
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CONSTEXT000051185634_1
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CONSTEXT000051185634
| 1 |
AN
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Non lieu à statuer
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A.N., Alpes-Maritimes (2ème circ.)
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97-2127
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1997-07-10
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Délibéré par le Conseil constitutionnel dans sa séance du 10 juillet 1997, où siègeaient : MM. Roland DUMAS, président, Georges ABADIE, Michel AMELLER, Jean CABANNES, Maurice FAURE, Yves GUÉNA, Alain LANCELOT, Mme Noëlle LENOIR et M. Jacques ROBERT.Le président,Roland DUMAS
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A.N., Alpes-Maritimes (2ème circ.)
Délibéré par le Conseil constitutionnel dans sa séance du 10 juillet 1997, où siègeaient : MM. Roland DUMAS, président, Georges ABADIE, Michel AMELLER, Jean CABANNES, Maurice FAURE, Yves GUÉNA, Alain LANCELOT, Mme Noëlle LENOIR et M. Jacques ROBERT.Le président,Roland DUMAS
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CONSTEXT000038755908_3
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CONSTEXT000038755908
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QPC
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Conformité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
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2019-794
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2019-06-28
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administrative, sous réserve des adaptations réglementaires nécessaires. Elle suspend l'examen des recours dirigés contre la décision en cause et dans lesquels sont soulevés des moyens de légalité externe, à l'exclusion des référés prévus au livre V du code de justice administrative.« Le tribunal statue dans un délai fixé par voie réglementaire. Il se prononce sur tous les moyens de légalité externe qui lui sont soumis ainsi que sur tout motif d'illégalité externe qu'il estime devoir relever d'office, y compris s'il n'est pas d'ordre public.« III. - La décision du tribunal n'est pas susceptible d'appel mais peut faire l'objet d'un pourvoi en cassation.« Si le tribunal constate la légalité externe de la décision en cause, aucun moyen tiré de cette cause juridique ne peut plus être invoqué par voie d'action ou par voie d'exception à l'encontre de cette décision.« Par dérogation à l'article L. 242-1 du code des relations entre le public et l'administration, l'autorité administrative peut retirer ou abroger la décision en cause, si elle estime qu'elle est illégale, à tout moment de la procédure et jusqu'à l'expiration d'un délai de deux mois après que la décision du juge lui a été notifiée.« IV. - L'expérimentation est menée, pour une durée de trois ans à compter de la publication du décret en Conseil d'État prévu au V, dans le ressort des tribunaux administratifs, au nombre maximal de quatre, désignés par ce décret. Elle fait l'objet d'une évaluation dans les conditions fixées
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
administrative, sous réserve des adaptations réglementaires nécessaires. Elle suspend l'examen des recours dirigés contre la décision en cause et dans lesquels sont soulevés des moyens de légalité externe, à l'exclusion des référés prévus au livre V du code de justice administrative.« Le tribunal statue dans un délai fixé par voie réglementaire. Il se prononce sur tous les moyens de légalité externe qui lui sont soumis ainsi que sur tout motif d'illégalité externe qu'il estime devoir relever d'office, y compris s'il n'est pas d'ordre public.« III. - La décision du tribunal n'est pas susceptible d'appel mais peut faire l'objet d'un pourvoi en cassation.« Si le tribunal constate la légalité externe de la décision en cause, aucun moyen tiré de cette cause juridique ne peut plus être invoqué par voie d'action ou par voie d'exception à l'encontre de cette décision.« Par dérogation à l'article L. 242-1 du code des relations entre le public et l'administration, l'autorité administrative peut retirer ou abroger la décision en cause, si elle estime qu'elle est illégale, à tout moment de la procédure et jusqu'à l'expiration d'un délai de deux mois après que la décision du juge lui a été notifiée.« IV. - L'expérimentation est menée, pour une durée de trois ans à compter de la publication du décret en Conseil d'État prévu au V, dans le ressort des tribunaux administratifs, au nombre maximal de quatre, désignés par ce décret. Elle fait l'objet d'une évaluation dans les conditions fixées
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CONSTEXT000038755908_4
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CONSTEXT000038755908
| 4 |
QPC
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Conformité
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
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2019-794
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2019-06-28
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décret en Conseil d'État prévu au V, dans le ressort des tribunaux administratifs, au nombre maximal de quatre, désignés par ce décret. Elle fait l'objet d'une évaluation dans les conditions fixées par le même décret.« V. - Un décret en Conseil d'État précise les décisions entrant dans le champ du deuxième alinéa du I et pouvant faire l'objet d'une demande en appréciation de régularité, en tenant compte notamment de la multiplicité des contestations auxquelles elles sont susceptibles de donner lieu.« Le décret prévu au premier alinéa du présent V fixe également les modalités d'application du présent article, notamment les conditions dans lesquelles les personnes intéressées sont informées, d'une part, des demandes tendant à apprécier la régularité d'une décision et de leurs conséquences éventuelles sur les recours ultérieurs et, d'autre part, des réponses qui sont apportées à ces demandes par le tribunal ».
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Union syndicale des magistrats administratifs et autre [Demande en appréciation de la légalité externe d'une décision administrative non réglementaire]
décret en Conseil d'État prévu au V, dans le ressort des tribunaux administratifs, au nombre maximal de quatre, désignés par ce décret. Elle fait l'objet d'une évaluation dans les conditions fixées par le même décret.« V. - Un décret en Conseil d'État précise les décisions entrant dans le champ du deuxième alinéa du I et pouvant faire l'objet d'une demande en appréciation de régularité, en tenant compte notamment de la multiplicité des contestations auxquelles elles sont susceptibles de donner lieu.« Le décret prévu au premier alinéa du présent V fixe également les modalités d'application du présent article, notamment les conditions dans lesquelles les personnes intéressées sont informées, d'une part, des demandes tendant à apprécier la régularité d'une décision et de leurs conséquences éventuelles sur les recours ultérieurs et, d'autre part, des réponses qui sont apportées à ces demandes par le tribunal ».
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