New public power to challenge law
New initiative could see laws on tax, foreign votes and police custody re-examined by France's constitutional judges
TAXATION and foreign voting rights are among laws that could be re-examined under a new initiative that aims to give the public more of a say in the legal process.
New rules have come into force giving anyone the right to challenge the fairness and validity of any French law with the country's top constitutional judges, the Conseil Constitutionnel.
Until now, the Conseil has taken a behind-the-scenes role, checking that laws passed by parliament are compatible with the French constitution. Only senior politicians have been allowed to seek its advice, and the body has scrutinised less than 10% of the laws passed since it was formed in 1958.
Now anyone affected by the law can challenge it if they feel it does not respect the rights guaranteed in the constitution.
They can ask the Conseil Constitutionnel to check the validity of the law, no matter how old and established it is. However, laws that have already been given the all-clear by the Conseil cannot be re-examined.
Nicolas Sarkozy says the change represents "a new right for citizens" and "a real judicial revolution".
Paris II law professor Guillaume Drago told Le Point that the law governing the powers given to tax inspectors would be an obvious candidate for review. He expected a number of campaign groups would start lobbying for certain laws to be challenged, including foreign voting rights and parts of motoring law.
The request must be made by a lawyer and approved by a judge, who will pass it to the Cour de Cassation, France's highest court, before the constitutional judges are asked to investigate.
Yesterday a lawyer in Paris became one of the first people to use the new power to request a review of the law on police custody conditions, which some claim does not respect detainees' rights. His request has been approved by a Paris court and passed to the Cour de Cassation.
