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2025-08-08 00:00:00
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CONSTEXT000052086214_7
|
CONSTEXT000052086214
| 7 |
ead9c501664b54ed
|
QPC
|
Conformité - réserve
|
M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
|
2025-1153
|
2025-07-30
|
de la liberté individuelle, assure le respect de ce principe dans les conditions prévues par la loi ». Dans l’exercice de sa compétence, le législateur peut fixer des modalités d’intervention de l’autorité judiciaire différentes selon la nature et la portée des mesures affectant la liberté individuelle qu’il entend édicter. La liberté individuelle ne peut être tenue pour sauvegardée que si le juge intervient dans le plus court délai possible.13. L’article 16 de la Déclaration de 1789 garantit le droit des personnes intéressées à exercer un recours juridictionnel effectif.14. D’une part, il résulte de l’article 138 du code de procédure pénale que la personne placée sous contrôle judiciaire peut être soumise à différentes mesures restrictives de droits ou mesures de contrôle spécifiques. 15. En particulier, en application du 2° de cet article, le magistrat peut lui imposer de ne s’absenter de son domicile ou de la résidence fixée qu’aux conditions et pour les motifs qu’il détermine. Cette mesure constitue une privation de liberté lorsque l’intéressé se voit obligé de demeurer à son domicile ou dans son lieu de résidence pendant plus de douze heures par jour.16. Si l’autorité judiciaire comprend à la fois les magistrats du siège et du parquet, l’intervention d’un magistrat du siège est requise pour autoriser la prolongation d’une telle privation de liberté au-delà d’une certaine durée. Dès lors, sauf à méconnaître les exigences de l’article 66 de la Constitution, les
|
M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
de la liberté individuelle, assure le respect de ce principe dans les conditions prévues par la loi ». Dans l’exercice de sa compétence, le législateur peut fixer des modalités d’intervention de l’autorité judiciaire différentes selon la nature et la portée des mesures affectant la liberté individuelle qu’il entend édicter. La liberté individuelle ne peut être tenue pour sauvegardée que si le juge intervient dans le plus court délai possible.13. L’article 16 de la Déclaration de 1789 garantit le droit des personnes intéressées à exercer un recours juridictionnel effectif.14. D’une part, il résulte de l’article 138 du code de procédure pénale que la personne placée sous contrôle judiciaire peut être soumise à différentes mesures restrictives de droits ou mesures de contrôle spécifiques. 15. En particulier, en application du 2° de cet article, le magistrat peut lui imposer de ne s’absenter de son domicile ou de la résidence fixée qu’aux conditions et pour les motifs qu’il détermine. Cette mesure constitue une privation de liberté lorsque l’intéressé se voit obligé de demeurer à son domicile ou dans son lieu de résidence pendant plus de douze heures par jour.16. Si l’autorité judiciaire comprend à la fois les magistrats du siège et du parquet, l’intervention d’un magistrat du siège est requise pour autoriser la prolongation d’une telle privation de liberté au-delà d’une certaine durée. Dès lors, sauf à méconnaître les exigences de l’article 66 de la Constitution, les
|
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|
CONSTEXT000052086211_0
|
CONSTEXT000052086211
| 0 |
5eaf631aee9d0295
|
QPC
|
Conformité
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Société Novagraaf Technologies [Abrogation d’une dérogation aux règles de répartition du capital social des sociétés de conseil en propriété industrielle - Modalités d’entrée en vigueur]
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2025-1150
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 mai 2025 par le Conseil d’État (décision n° 501571 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 Novagraaf Technologies par Me Frédéric Salat-Baroux, avocat au barreau de Paris. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1150 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du 3° de l’article 131 de l’ordonnance n° 2023-77 du 8 février 2023 relative à l’exercice en société des professions libérales réglementées et du a du paragraphe II de l’article 134 de la même ordonnance.
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Société Novagraaf Technologies [Abrogation d’une dérogation aux règles de répartition du capital social des sociétés de conseil en propriété industrielle - Modalités d’entrée en vigueur]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 15 mai 2025 par le Conseil d’État (décision n° 501571 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 Novagraaf Technologies par Me Frédéric Salat-Baroux, avocat au barreau de Paris. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1150 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du 3° de l’article 131 de l’ordonnance n° 2023-77 du 8 février 2023 relative à l’exercice en société des professions libérales réglementées et du a du paragraphe II de l’article 134 de la même ordonnance.
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CONSTEXT000052086214_9
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CONSTEXT000052086214
| 9 |
7b78789d108043e0
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QPC
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Conformité - réserve
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M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
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2025-1153
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2025-07-30
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sous contrôle judiciaire. En outre, si ce juge confirme la décision du procureur européen délégué, la personne peut faire appel de l’ordonnance du juge devant la chambre de l’instruction. 18. Il résulte de ce qui précède que, sous les réserves énoncées aux paragraphes 16 et 17, les griefs tirés de la méconnaissance des exigences de l’article 66 de la Constitution et du droit à un recours juridictionnel effectif doivent être écartés.19. Par conséquent, sous les réserves énoncées aux paragraphes 16 et 17, les dispositions contestées, qui ne méconnaissent pas non plus la présomption d’innocence, ni les principes d’égalité devant la loi et devant la justice, ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
sous contrôle judiciaire. En outre, si ce juge confirme la décision du procureur européen délégué, la personne peut faire appel de l’ordonnance du juge devant la chambre de l’instruction. 18. Il résulte de ce qui précède que, sous les réserves énoncées aux paragraphes 16 et 17, les griefs tirés de la méconnaissance des exigences de l’article 66 de la Constitution et du droit à un recours juridictionnel effectif doivent être écartés.19. Par conséquent, sous les réserves énoncées aux paragraphes 16 et 17, les dispositions contestées, qui ne méconnaissent pas non plus la présomption d’innocence, ni les principes d’égalité devant la loi et devant la justice, ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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CONSTEXT000052086214_10
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CONSTEXT000052086214
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bcd9dd9245a84f7a
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QPC
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Conformité - réserve
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M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
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2025-1153
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2025-07-30
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous les réserves énoncées aux paragraphes 16 et 17, les mots « de maintien et de modification » figurant à la première phrase du premier alinéa de l’article 696-119 du code de procédure pénale, dans sa rédaction issue de la loi n° 2020-1672 du 24 décembre 2020 relative au Parquet européen, à la justice environnementale et à la justice pénale spécialisée, 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 29 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 30 juillet 2025.
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M. Grégory T. [Compétence du procureur européen délégué pour décider du maintien et de la modification du contrôle judiciaire]
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous les réserves énoncées aux paragraphes 16 et 17, les mots « de maintien et de modification » figurant à la première phrase du premier alinéa de l’article 696-119 du code de procédure pénale, dans sa rédaction issue de la loi n° 2020-1672 du 24 décembre 2020 relative au Parquet européen, à la justice environnementale et à la justice pénale spécialisée, 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 29 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 30 juillet 2025.
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CONSTEXT000052086226_0
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CONSTEXT000052086226
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f02a8431a034f138
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DC
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Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, dans les conditions prévues au deuxième alinéa de l’article 61 de la Constitution, de la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur, sous le n° 2025-890 DC, le 7 juillet 2025, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, MM. Rodrigo ARENAS, Raphaël ARNAULT, Mme Anaïs BELOUASSA-CHERIFI, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME, Sébastien DELOGU, Aly DIOUARA, Mmes Alma DUFOUR, Karen ERODI, Mathilde FELD, M. Emmanuel FERNANDES, Mme Sylvie FERRER, M. Perceval GAILLARD, Mme Clémence GUETTÉ, M. David GUIRAUD, Mmes Zahia HAMDANE, Mathilde HIGNET, MM. Andy KERBRAT, Bastien LACHAUD, Abdelkader LAHMAR, Maxime LAISNEY, Aurélien LE COQ, Arnaud LE GALL, Antoine LÉAUMENT, Mme Élise LEBOUCHER, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Claire LEJEUNE, Murielle LEPVRAUD, Élisa MARTIN, M. Damien MAUDET, Mmes Marianne MAXIMI, Marie MESMEUR, Manon MEUNIER, M. Jean-Philippe NILOR, Mmes Sandrine NOSBÉ, Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, dans les conditions prévues au deuxième alinéa de l’article 61 de la Constitution, de la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur, sous le n° 2025-890 DC, le 7 juillet 2025, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, MM. Rodrigo ARENAS, Raphaël ARNAULT, Mme Anaïs BELOUASSA-CHERIFI, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME, Sébastien DELOGU, Aly DIOUARA, Mmes Alma DUFOUR, Karen ERODI, Mathilde FELD, M. Emmanuel FERNANDES, Mme Sylvie FERRER, M. Perceval GAILLARD, Mme Clémence GUETTÉ, M. David GUIRAUD, Mmes Zahia HAMDANE, Mathilde HIGNET, MM. Andy KERBRAT, Bastien LACHAUD, Abdelkader LAHMAR, Maxime LAISNEY, Aurélien LE COQ, Arnaud LE GALL, Antoine LÉAUMENT, Mme Élise LEBOUCHER, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Claire LEJEUNE, Murielle LEPVRAUD, Élisa MARTIN, M. Damien MAUDET, Mmes Marianne MAXIMI, Marie MESMEUR, Manon MEUNIER, M. Jean-Philippe NILOR, Mmes Sandrine NOSBÉ, Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien
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CONSTEXT000052086226_1
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CONSTEXT000052086226
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396a5ec31ddd416a
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DC
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Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien TACHÉ, Mme Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, MM. Paul VANNIER et Jean-Paul LECOQ, députés.
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien TACHÉ, Mme Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, MM. Paul VANNIER et Jean-Paul LECOQ, députés.
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CONSTEXT000052086226_2
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CONSTEXT000052086226
| 2 |
a0228020a6f9bcbd
|
DC
|
Conformité
|
Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
|
2025-890
|
2025-07-29
|
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’éducation ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 19 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
|
Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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’éducation ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 19 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086226_3
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CONSTEXT000052086226
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1e5962030f497db4
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DC
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Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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1. Les députés requérants défèrent au Conseil constitutionnel la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur. Ils contestent la conformité à la Constitution de certaines dispositions de son article 3.- Sur certaines dispositions du 3° de l’article 3 :2. Le 3° de l’article 3 de la loi déférée insère au sein du code de l’éducation un article L. 811-5-1 prévoyant la création, dans chaque région académique, d’une section disciplinaire commune à certains établissements publics d’enseignement supérieur.3. Les députés requérants reprochent au législateur d’avoir méconnu l’étendue de sa compétence en renvoyant au pouvoir réglementaire la détermination des modalités d’application de cet article.4. Il incombe au législateur d’exercer pleinement la compétence que lui confie la Constitution et, en particulier, son article 34. 5. En application de l’article L. 811-5 du code de l’éducation, les conseils académiques des établissements publics à caractère scientifique, culturel et professionnel statuant à l’égard des usagers comprennent une section disciplinaire.6. Selon le premier alinéa du nouvel article L. 811-5-1 du même code, une section disciplinaire commune à ces établissements est créée par le recteur dans chaque région académique. 7. Les dispositions contestées du dernier alinéa de cet article prévoient qu’un décret en Conseil d’État en détermine les modalités d’application, et précise notamment la composition de la section disciplinaire commune,
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
1. Les députés requérants défèrent au Conseil constitutionnel la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur. Ils contestent la conformité à la Constitution de certaines dispositions de son article 3.- Sur certaines dispositions du 3° de l’article 3 :2. Le 3° de l’article 3 de la loi déférée insère au sein du code de l’éducation un article L. 811-5-1 prévoyant la création, dans chaque région académique, d’une section disciplinaire commune à certains établissements publics d’enseignement supérieur.3. Les députés requérants reprochent au législateur d’avoir méconnu l’étendue de sa compétence en renvoyant au pouvoir réglementaire la détermination des modalités d’application de cet article.4. Il incombe au législateur d’exercer pleinement la compétence que lui confie la Constitution et, en particulier, son article 34. 5. En application de l’article L. 811-5 du code de l’éducation, les conseils académiques des établissements publics à caractère scientifique, culturel et professionnel statuant à l’égard des usagers comprennent une section disciplinaire.6. Selon le premier alinéa du nouvel article L. 811-5-1 du même code, une section disciplinaire commune à ces établissements est créée par le recteur dans chaque région académique. 7. Les dispositions contestées du dernier alinéa de cet article prévoient qu’un décret en Conseil d’État en détermine les modalités d’application, et précise notamment la composition de la section disciplinaire commune,
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CONSTEXT000052086226_4
|
CONSTEXT000052086226
| 4 |
fbea7afb5be02f27
|
DC
|
Conformité
|
Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
|
2025-07-29
|
contestées du dernier alinéa de cet article prévoient qu’un décret en Conseil d’État en détermine les modalités d’application, et précise notamment la composition de la section disciplinaire commune, les modalités de désignation de ses membres et ses règles de fonctionnement.8. Ni la composition d’une telle section disciplinaire, ni ses règles de fonctionnement, ni les modalités de désignation de ses membres ne relèvent des matières que la Constitution range dans le domaine de la loi.9. Dès lors, en renvoyant à un décret en Conseil d’État la détermination des modalités d’application de l’article L. 811-5-1 du code de l’éducation, le législateur n’a pas méconnu l’étendue de sa compétence.10. Par conséquent, le dernier alinéa de l’article L. 811-5-1 du code de l’éducation, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions du 4° de l’article 3 :11. Le 4° de l’article 3 modifie l’article L. 811-6 du code de l’éducation afin notamment de définir les faits commis par un usager du service public de l’enseignement supérieur susceptibles de constituer une faute disciplinaire.12. Selon les députés requérants, faute d’avoir défini ces manquements en des termes suffisamment précis, ces dispositions permettraient de réprimer des faits extrêmement divers, sans qu’il soit exigé d’établir un lien entre ces faits et le bon fonctionnement de l’établissement ou le fonctionnement normal du service public. Il en résulterait une
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
contestées du dernier alinéa de cet article prévoient qu’un décret en Conseil d’État en détermine les modalités d’application, et précise notamment la composition de la section disciplinaire commune, les modalités de désignation de ses membres et ses règles de fonctionnement.8. Ni la composition d’une telle section disciplinaire, ni ses règles de fonctionnement, ni les modalités de désignation de ses membres ne relèvent des matières que la Constitution range dans le domaine de la loi.9. Dès lors, en renvoyant à un décret en Conseil d’État la détermination des modalités d’application de l’article L. 811-5-1 du code de l’éducation, le législateur n’a pas méconnu l’étendue de sa compétence.10. Par conséquent, le dernier alinéa de l’article L. 811-5-1 du code de l’éducation, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions du 4° de l’article 3 :11. Le 4° de l’article 3 modifie l’article L. 811-6 du code de l’éducation afin notamment de définir les faits commis par un usager du service public de l’enseignement supérieur susceptibles de constituer une faute disciplinaire.12. Selon les députés requérants, faute d’avoir défini ces manquements en des termes suffisamment précis, ces dispositions permettraient de réprimer des faits extrêmement divers, sans qu’il soit exigé d’établir un lien entre ces faits et le bon fonctionnement de l’établissement ou le fonctionnement normal du service public. Il en résulterait une
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CONSTEXT000052086226_5
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CONSTEXT000052086226
| 5 |
0896494180bd0b36
|
DC
|
Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
|
2025-07-29
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des faits extrêmement divers, sans qu’il soit exigé d’établir un lien entre ces faits et le bon fonctionnement de l’établissement ou le fonctionnement normal du service public. Il en résulterait une méconnaissance du principe de la séparation des pouvoirs garanti par l’article 16 de la Déclaration des droits de l’homme et du citoyen de 1789 ainsi que des principes de proportionnalité des peines et non bis in idem. 13. Ils soutiennent également qu’en sanctionnant de tels faits, même lorsqu’ils sont commis en dehors de l’enceinte d’un établissement, ces dispositions feraient peser sur l’usager la charge de la preuve de l’absence de commission du manquement, en méconnaissance du « principe de sûreté » protégé par l’article 2 de la Déclaration de 1789, et du « principe de clarté de la loi ».14. Selon l’article 8 de la Déclaration 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 ». En vertu du principe de légalité des délits et des peines, le législateur ou, dans son domaine de compétence, le pouvoir réglementaire, doivent fixer les sanctions ayant le caractère d’une punition en des termes suffisamment clairs et précis. 15. Le paragraphe I du nouvel article L. 811-6 du code de l’éducation prévoit que sont passibles d’une sanction disciplinaire tous faits constitutifs d’une faute disciplinaire. Au nombre de ces fautes
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
des faits extrêmement divers, sans qu’il soit exigé d’établir un lien entre ces faits et le bon fonctionnement de l’établissement ou le fonctionnement normal du service public. Il en résulterait une méconnaissance du principe de la séparation des pouvoirs garanti par l’article 16 de la Déclaration des droits de l’homme et du citoyen de 1789 ainsi que des principes de proportionnalité des peines et non bis in idem. 13. Ils soutiennent également qu’en sanctionnant de tels faits, même lorsqu’ils sont commis en dehors de l’enceinte d’un établissement, ces dispositions feraient peser sur l’usager la charge de la preuve de l’absence de commission du manquement, en méconnaissance du « principe de sûreté » protégé par l’article 2 de la Déclaration de 1789, et du « principe de clarté de la loi ».14. Selon l’article 8 de la Déclaration 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 ». En vertu du principe de légalité des délits et des peines, le législateur ou, dans son domaine de compétence, le pouvoir réglementaire, doivent fixer les sanctions ayant le caractère d’une punition en des termes suffisamment clairs et précis. 15. Le paragraphe I du nouvel article L. 811-6 du code de l’éducation prévoit que sont passibles d’une sanction disciplinaire tous faits constitutifs d’une faute disciplinaire. Au nombre de ces fautes
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CONSTEXT000052086226_6
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CONSTEXT000052086226
| 6 |
b041a32cdf7c67ab
|
DC
|
Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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Le paragraphe I du nouvel article L. 811-6 du code de l’éducation prévoit que sont passibles d’une sanction disciplinaire tous faits constitutifs d’une faute disciplinaire. Au nombre de ces fautes figurent la méconnaissance des dispositions législatives et réglementaires relatives à la vie universitaire ou du règlement intérieur de l’établissement, la fraude ou la tentative de fraude, les faits de violence ou de harcèlement, les faits d’antisémitisme, de racisme, de discrimination ou d’incitation à la haine ou à la violence ainsi que les faits susceptibles de porter atteinte à l’ordre ou au bon fonctionnement de l’établissement. Il résulte du dernier alinéa de ce même paragraphe que les faits commis en dehors de l’établissement sont passibles d’une sanction disciplinaire lorsqu’ils présentent un lien suffisant avec l’établissement ou les activités qu’il organise.16. D’une part, en adoptant ces dispositions, le législateur a entendu réprimer les comportements d’usagers du service public de l’enseignement supérieur méconnaissant des obligations auxquelles ils sont soumis, en cette qualité, dans l’enceinte de l’établissement.17. D’autre part, en prévoyant que sont également passibles d’une sanction disciplinaire les faits commis en dehors de l’établissement lorsqu’ils présentent « un lien suffisant » avec l’établissement ou les activités qu’il organise, les dispositions contestées ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
Le paragraphe I du nouvel article L. 811-6 du code de l’éducation prévoit que sont passibles d’une sanction disciplinaire tous faits constitutifs d’une faute disciplinaire. Au nombre de ces fautes figurent la méconnaissance des dispositions législatives et réglementaires relatives à la vie universitaire ou du règlement intérieur de l’établissement, la fraude ou la tentative de fraude, les faits de violence ou de harcèlement, les faits d’antisémitisme, de racisme, de discrimination ou d’incitation à la haine ou à la violence ainsi que les faits susceptibles de porter atteinte à l’ordre ou au bon fonctionnement de l’établissement. Il résulte du dernier alinéa de ce même paragraphe que les faits commis en dehors de l’établissement sont passibles d’une sanction disciplinaire lorsqu’ils présentent un lien suffisant avec l’établissement ou les activités qu’il organise.16. D’une part, en adoptant ces dispositions, le législateur a entendu réprimer les comportements d’usagers du service public de l’enseignement supérieur méconnaissant des obligations auxquelles ils sont soumis, en cette qualité, dans l’enceinte de l’établissement.17. D’autre part, en prévoyant que sont également passibles d’une sanction disciplinaire les faits commis en dehors de l’établissement lorsqu’ils présentent « un lien suffisant » avec l’établissement ou les activités qu’il organise, les dispositions contestées ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le
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CONSTEXT000052086226_7
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CONSTEXT000052086226
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768998f87231f7e3
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DC
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Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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« un lien suffisant » avec l’établissement ou les activités qu’il organise, les dispositions contestées ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le risque d’arbitraire.18. Dès lors, ces dispositions ne méconnaissent pas le principe de légalité des délits et des peines.19. Par conséquent, le paragraphe I de l’article L. 811-6 du code de l’éducation, qui ne méconnaît pas non plus le principe de proportionnalité des peines, le principe non bis in idem et le principe de séparation des pouvoirs, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur les autres dispositions :20. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
« un lien suffisant » avec l’établissement ou les activités qu’il organise, les dispositions contestées ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le risque d’arbitraire.18. Dès lors, ces dispositions ne méconnaissent pas le principe de légalité des délits et des peines.19. Par conséquent, le paragraphe I de l’article L. 811-6 du code de l’éducation, qui ne méconnaît pas non plus le principe de proportionnalité des peines, le principe non bis in idem et le principe de séparation des pouvoirs, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur les autres dispositions :20. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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CONSTEXT000052086210_0
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CONSTEXT000052086210
| 0 |
11717c7d0b36c9a6
|
AN
|
Inéligibilité
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A.N., Français établis hors de France, 11e circ.
|
2024-6418
|
2025-07-25
|
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 18 décembre 2024 par la Commission nationale des comptes de campagne et des financements politiques (décision du 2 décembre 2024), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Anne-France LARQUEMIN, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 11e circonscription des Français établis hors de France, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2024-6418 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par Mme LARQUEMIN, enregistrées le 8 janvier 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Français établis hors de France, 11e circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 18 décembre 2024 par la Commission nationale des comptes de campagne et des financements politiques (décision du 2 décembre 2024), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Anne-France LARQUEMIN, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 11e circonscription des Français établis hors de France, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2024-6418 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par Mme LARQUEMIN, enregistrées le 8 janvier 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086226_8
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CONSTEXT000052086226
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36b0c04c246e9d6c
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DC
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Conformité
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
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2025-890
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2025-07-29
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sont conformes à la Constitution les dispositions suivantes de la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur :- le dernier alinéa de l’article L. 811-5-1 du code de l’éducation, dans sa rédaction issue de l’article 3 de la loi déférée ;- le paragraphe I de l’article L. 811-6 du code de l’éducation, dans sa rédaction résultant de l’article 3 de la loi déférée. Article 2. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 29 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 29 juillet 2025.
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Loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sont conformes à la Constitution les dispositions suivantes de la loi relative à la lutte contre l’antisémitisme dans l’enseignement supérieur :- le dernier alinéa de l’article L. 811-5-1 du code de l’éducation, dans sa rédaction issue de l’article 3 de la loi déférée ;- le paragraphe I de l’article L. 811-6 du code de l’éducation, dans sa rédaction résultant de l’article 3 de la loi déférée. Article 2. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 29 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 29 juillet 2025.
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CONSTEXT000052086218_0
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CONSTEXT000052086218
| 0 |
73774429574c87e9
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AN
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Inéligibilité
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A.N., Vaucluse, 4e circ.
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2025-6447
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 24 janvier 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 16 janvier 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Monia GALVEZ, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 4e circonscription du département du Vaucluse en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6447 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par Mme GALVEZ, enregistrées le 13 février 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Vaucluse, 4e circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 24 janvier 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 16 janvier 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Monia GALVEZ, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 4e circonscription du département du Vaucluse en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6447 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par Mme GALVEZ, enregistrées le 13 février 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086218_1
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CONSTEXT000052086218
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7d645281cfa1e73c
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AN
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Inéligibilité
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A.N., Vaucluse, 4e circ.
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2025-6447
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2025-07-25
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1. Il ressort de l’article L. 52-4 du code électoral qu’il appartient au mandataire financier désigné par le candidat de régler les dépenses engagées en vue de l’élection et antérieures à la date du tour de scrutin où elle a été acquise, à l’exception des dépenses prises en charge par un parti ou groupement politique. Les dépenses antérieures à sa désignation, payées directement par le candidat ou à son profit, font l’objet d’un remboursement par le mandataire et figurent dans son compte bancaire ou postal. Si le règlement direct de menues dépenses par le candidat peut être admis, ce n’est qu’à la double condition que leur montant, tel qu’apprécié à la lumière de ces dispositions, c’est-à-dire prenant en compte non seulement les dépenses intervenues après la désignation du mandataire financier mais aussi celles réglées avant cette désignation et qui n’auraient pas fait l’objet d’un remboursement par le mandataire, soit faible par rapport au total des dépenses du compte de campagne et négligeable au regard du plafond de dépenses autorisées par l’article L. 52-11 du même code.2. Le compte de campagne de Mme GALVEZ a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 16 janvier 2025 au motif qu’une part substantielle des dépenses engagées en vue de l’élection a été réglée irrégulièrement postérieurement à la désignation de son mandataire, représentant un total de 5 592 euros, soit 60,2 % du montant des dépenses du
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A.N., Vaucluse, 4e circ.
1. Il ressort de l’article L. 52-4 du code électoral qu’il appartient au mandataire financier désigné par le candidat de régler les dépenses engagées en vue de l’élection et antérieures à la date du tour de scrutin où elle a été acquise, à l’exception des dépenses prises en charge par un parti ou groupement politique. Les dépenses antérieures à sa désignation, payées directement par le candidat ou à son profit, font l’objet d’un remboursement par le mandataire et figurent dans son compte bancaire ou postal. Si le règlement direct de menues dépenses par le candidat peut être admis, ce n’est qu’à la double condition que leur montant, tel qu’apprécié à la lumière de ces dispositions, c’est-à-dire prenant en compte non seulement les dépenses intervenues après la désignation du mandataire financier mais aussi celles réglées avant cette désignation et qui n’auraient pas fait l’objet d’un remboursement par le mandataire, soit faible par rapport au total des dépenses du compte de campagne et négligeable au regard du plafond de dépenses autorisées par l’article L. 52-11 du même code.2. Le compte de campagne de Mme GALVEZ a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 16 janvier 2025 au motif qu’une part substantielle des dépenses engagées en vue de l’élection a été réglée irrégulièrement postérieurement à la désignation de son mandataire, représentant un total de 5 592 euros, soit 60,2 % du montant des dépenses du
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CONSTEXT000052086218_2
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CONSTEXT000052086218
| 2 |
c9261b8ca642799d
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AN
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Inéligibilité
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A.N., Vaucluse, 4e circ.
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2025-6447
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2025-07-25
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dépenses engagées en vue de l’élection a été réglée irrégulièrement postérieurement à la désignation de son mandataire, représentant un total de 5 592 euros, soit 60,2 % du montant des dépenses du compte et 7,9 % du plafond légal des dépenses, en méconnaissance des dispositions du troisième alinéa de l’article L. 52-4 du code électoral.3. La candidate fait valoir que les paiements directs ainsi retenus par la commission incluraient à tort des sommes qui devraient, par nature, être considérées comme des menues dépenses à titre exceptionnel et pour des raisons pratiques en raison de leur mode de paiement usuel.4. Toutefois, à supposer même que la Commission ait omis de retrancher du montant des dépenses réglées directement la somme de 1 502 euros correspondant à des frais de déplacement en véhicule automobile, le montant des dépenses irrégulières, qui s’élèverait en tout état de cause à 4 092 euros, soit 43,9 % du total des dépenses du compte et 5,8 % du plafond des dépenses dans la circonscription, ne saurait être qualifié de faible par rapport au total des dépenses du compte de campagne et de négligeable au regard du plafond de dépenses.5. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a rejeté son compte de campagne.6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil
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A.N., Vaucluse, 4e circ.
dépenses engagées en vue de l’élection a été réglée irrégulièrement postérieurement à la désignation de son mandataire, représentant un total de 5 592 euros, soit 60,2 % du montant des dépenses du compte et 7,9 % du plafond légal des dépenses, en méconnaissance des dispositions du troisième alinéa de l’article L. 52-4 du code électoral.3. La candidate fait valoir que les paiements directs ainsi retenus par la commission incluraient à tort des sommes qui devraient, par nature, être considérées comme des menues dépenses à titre exceptionnel et pour des raisons pratiques en raison de leur mode de paiement usuel.4. Toutefois, à supposer même que la Commission ait omis de retrancher du montant des dépenses réglées directement la somme de 1 502 euros correspondant à des frais de déplacement en véhicule automobile, le montant des dépenses irrégulières, qui s’élèverait en tout état de cause à 4 092 euros, soit 43,9 % du total des dépenses du compte et 5,8 % du plafond des dépenses dans la circonscription, ne saurait être qualifié de faible par rapport au total des dépenses du compte de campagne et de négligeable au regard du plafond de dépenses.5. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a rejeté son compte de campagne.6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil
|
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CONSTEXT000052086218_3
|
CONSTEXT000052086218
| 3 |
66f0ccd75326c531
|
AN
|
Inéligibilité
|
A.N., Vaucluse, 4e circ.
|
2025-6447
|
2025-07-25
|
de campagne.6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte de campagne a été rejeté à bon droit.7. Si Mme GALVEZ fait valoir les difficultés rencontrées pour obtenir l’ouverture d’un compte bancaire et la mise à disposition de moyens de paiement, ainsi que la nécessité d’exposer sans attendre les dépenses pour lancer sa campagne, il ne résulte pas de l’instruction que ces circonstances ni aucune autre circonstance particulière étaient de nature à justifier la méconnaissance des obligations résultant de l'article L. 52-4.8. Compte tenu de l’importance des dépenses irrégulièrement engagées et du caractère substantiel de la règle ainsi méconnue, il y a lieu de prononcer, en application de l’article L.O. 136-1 du code électoral, l’inéligibilité de Mme GALVEZ à tout mandat pour une durée d’un an à compter de la présente décision.
|
A.N., Vaucluse, 4e circ.
de campagne.6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte de campagne a été rejeté à bon droit.7. Si Mme GALVEZ fait valoir les difficultés rencontrées pour obtenir l’ouverture d’un compte bancaire et la mise à disposition de moyens de paiement, ainsi que la nécessité d’exposer sans attendre les dépenses pour lancer sa campagne, il ne résulte pas de l’instruction que ces circonstances ni aucune autre circonstance particulière étaient de nature à justifier la méconnaissance des obligations résultant de l'article L. 52-4.8. Compte tenu de l’importance des dépenses irrégulièrement engagées et du caractère substantiel de la règle ainsi méconnue, il y a lieu de prononcer, en application de l’article L.O. 136-1 du code électoral, l’inéligibilité de Mme GALVEZ à tout mandat pour une durée d’un an à compter de la présente décision.
|
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CONSTEXT000052086233_19
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CONSTEXT000052086233
| 19 |
84624a0c8199b967
|
DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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qui porte à soixante jours la durée maximale de la rétention. 52. L’article L. 742-5 du même code prévoit qu’à titre exceptionnel, au terme de la période de soixante jours, ce magistrat peut ordonner la prolongation de la rétention pour une nouvelle période de quinze jours, renouvelable une fois, lorsque l’étranger a fait obstruction à l’exécution d’office de la décision d’éloignement, lorsqu’il a présenté une demande de protection contre l’éloignement ou une demande d’asile dans le seul but de faire échec à la décision d’éloignement ou lorsque celle-ci n’a pas pu être exécutée en raison du défaut de délivrance des documents de voyage par le consulat dont relève l’intéressé. Une telle prolongation peut également être prononcée en cas d’urgence absolue ou de menace pour l’ordre public. En application de ces dispositions, la durée maximale de la rétention peut ainsi être portée, à titre exceptionnel, à quatre-vingt-dix jours.53. Les dispositions contestées prévoient que le magistrat peut, au terme d’une période de soixante jours de rétention, procéder à une nouvelle prolongation de la rétention pour une durée maximale de trente jours, dans les mêmes conditions que celles prévues à l’article L. 742-4, portant ainsi la durée maximale de la rétention à quatre-vingt-dix jours. Cette nouvelle prolongation de trente jours se substitue à celle de quinze jours, renouvelable une fois, prévue par l’article L. 742-5.54. En premier lieu, en adoptant ces dispositions, le législateur a
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
qui porte à soixante jours la durée maximale de la rétention. 52. L’article L. 742-5 du même code prévoit qu’à titre exceptionnel, au terme de la période de soixante jours, ce magistrat peut ordonner la prolongation de la rétention pour une nouvelle période de quinze jours, renouvelable une fois, lorsque l’étranger a fait obstruction à l’exécution d’office de la décision d’éloignement, lorsqu’il a présenté une demande de protection contre l’éloignement ou une demande d’asile dans le seul but de faire échec à la décision d’éloignement ou lorsque celle-ci n’a pas pu être exécutée en raison du défaut de délivrance des documents de voyage par le consulat dont relève l’intéressé. Une telle prolongation peut également être prononcée en cas d’urgence absolue ou de menace pour l’ordre public. En application de ces dispositions, la durée maximale de la rétention peut ainsi être portée, à titre exceptionnel, à quatre-vingt-dix jours.53. Les dispositions contestées prévoient que le magistrat peut, au terme d’une période de soixante jours de rétention, procéder à une nouvelle prolongation de la rétention pour une durée maximale de trente jours, dans les mêmes conditions que celles prévues à l’article L. 742-4, portant ainsi la durée maximale de la rétention à quatre-vingt-dix jours. Cette nouvelle prolongation de trente jours se substitue à celle de quinze jours, renouvelable une fois, prévue par l’article L. 742-5.54. En premier lieu, en adoptant ces dispositions, le législateur a
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CONSTEXT000052086218_4
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CONSTEXT000052086218
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1eb22767b6ea6fbf
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AN
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Inéligibilité
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A.N., Vaucluse, 4e circ.
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2025-6447
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Mme Monia GALVEZ est déclarée inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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A.N., Vaucluse, 4e circ.
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Mme Monia GALVEZ est déclarée inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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CONSTEXT000052086212_0
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CONSTEXT000052086212
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89722a6ed61cc2b4
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 16 mai 2025 par la Cour de cassation (chambre criminelle, arrêt n° 770 du 13 mai 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour M. Béchir E. par Me Antoine Ory, avocat au barreau de Paris. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1151 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du premier alinéa de l’article 62 du code de procédure pénale.
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 16 mai 2025 par la Cour de cassation (chambre criminelle, arrêt n° 770 du 13 mai 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour M. Béchir E. par Me Antoine Ory, avocat au barreau de Paris. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1151 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit du premier alinéa de l’article 62 du code de procédure pénale.
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CONSTEXT000052086212_1
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CONSTEXT000052086212
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f2fce02ffd43c19c
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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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° 2014-535 du 27 mai 2014 portant transposition de la directive 2012/13/UE du Parlement européen et du Conseil, du 22 mai 2012, relative au droit à l’information dans le cadre des procédures 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 en intervention présentées pour M. David M. par Me Rosanna Lendom, avocate au barreau de Grasse, enregistrées le 19 mai 2025 ;- les observations présentées pour le requérant par la SCP Le Guerer, Bouniol-Brochier, Lassalle-Byhet, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 3 juin 2025 ; - les observations présentées par le Premier ministre, enregistrées le 4 juin 2025 ;- les observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations présentées pour le requérant par la SCP Le Guerer, Bouniol-Brochier, Lassalle-Byhet, enregistrées le 17 juin 2025 ; - les secondes observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, enregistrées le 18 juin 2025 ;- les autres pièces produites et jointes au
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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° 2014-535 du 27 mai 2014 portant transposition de la directive 2012/13/UE du Parlement européen et du Conseil, du 22 mai 2012, relative au droit à l’information dans le cadre des procédures 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 en intervention présentées pour M. David M. par Me Rosanna Lendom, avocate au barreau de Grasse, enregistrées le 19 mai 2025 ;- les observations présentées pour le requérant par la SCP Le Guerer, Bouniol-Brochier, Lassalle-Byhet, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 3 juin 2025 ; - les observations présentées par le Premier ministre, enregistrées le 4 juin 2025 ;- les observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations présentées pour le requérant par la SCP Le Guerer, Bouniol-Brochier, Lassalle-Byhet, enregistrées le 17 juin 2025 ; - les secondes observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, enregistrées le 18 juin 2025 ;- les autres pièces produites et jointes au
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CONSTEXT000052086212_2
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CONSTEXT000052086212
| 2 |
9218c718eac6db5f
|
QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
|
2025-1151
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2025-07-25
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2025 ; - les secondes observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, enregistrées le 18 juin 2025 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Ory et Me Vincent Lassalle-Byhet, avocat au Conseil d’État et à la Cour de cassation, pour le requérant, Me Lendom, pour M. David M., Me Romain Boulet, avocat au barreau de Paris, pour l’association des avocats pénalistes, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 17 juillet 2025 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
2025 ; - les secondes observations en intervention présentées pour l’association des avocats pénalistes par la SCP Spinosi, enregistrées le 18 juin 2025 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Ory et Me Vincent Lassalle-Byhet, avocat au Conseil d’État et à la Cour de cassation, pour le requérant, Me Lendom, pour M. David M., Me Romain Boulet, avocat au barreau de Paris, pour l’association des avocats pénalistes, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 17 juillet 2025 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086212_3
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CONSTEXT000052086212
| 3 |
54c2471e0a046334
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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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 du premier alinéa de l’article 62 du code de procédure pénale dans sa rédaction résultant de la loi du 27 mai 2014 mentionnée ci-dessus.2. Le premier alinéa de l’article 62 du code de procédure pénale, dans cette rédaction, prévoit :« Les personnes à l’encontre desquelles il n’existe aucune raison plausible de soupçonner qu’elles ont commis ou tenté de commettre une infraction sont entendues par les enquêteurs sans faire l’objet d’une mesure de contrainte ».3. Le requérant, rejoint par les parties intervenantes, reproche à ces dispositions de ne pas prévoir d’obligation de prêter serment pour les personnes entendues en qualité de témoins dans le cadre d’une enquête préliminaire ou de flagrance, au contraire des témoins entendus sur commission rogatoire ou par une juridiction d’instruction. Ce faisant, elles institueraient une différence de traitement qui ne serait ni justifiée par une différence de situation ou un motif d’intérêt général ni, en tout état de cause, en rapport avec l’objet de la loi, l’audition de ces personnes poursuivant une même finalité de « manifestation de la vérité ». Il en résulterait une méconnaissance du principe d’égalité devant la loi.4. Il fait également valoir que ces dispositions, en ne prévoyant pas que les personnes entendues dans le
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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 du premier alinéa de l’article 62 du code de procédure pénale dans sa rédaction résultant de la loi du 27 mai 2014 mentionnée ci-dessus.2. Le premier alinéa de l’article 62 du code de procédure pénale, dans cette rédaction, prévoit :« Les personnes à l’encontre desquelles il n’existe aucune raison plausible de soupçonner qu’elles ont commis ou tenté de commettre une infraction sont entendues par les enquêteurs sans faire l’objet d’une mesure de contrainte ».3. Le requérant, rejoint par les parties intervenantes, reproche à ces dispositions de ne pas prévoir d’obligation de prêter serment pour les personnes entendues en qualité de témoins dans le cadre d’une enquête préliminaire ou de flagrance, au contraire des témoins entendus sur commission rogatoire ou par une juridiction d’instruction. Ce faisant, elles institueraient une différence de traitement qui ne serait ni justifiée par une différence de situation ou un motif d’intérêt général ni, en tout état de cause, en rapport avec l’objet de la loi, l’audition de ces personnes poursuivant une même finalité de « manifestation de la vérité ». Il en résulterait une méconnaissance du principe d’égalité devant la loi.4. Il fait également valoir que ces dispositions, en ne prévoyant pas que les personnes entendues dans le
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CONSTEXT000052086212_4
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CONSTEXT000052086212
| 4 |
cb2bed7ab45ce3ff
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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de la vérité ». Il en résulterait une méconnaissance du principe d’égalité devant la loi.4. Il fait également valoir que ces dispositions, en ne prévoyant pas que les personnes entendues dans le cadre d’une enquête de police sont tenues de prêter serment, feraient obstacle à toute poursuite en cas de déclarations mensongères au cours de leur audition. Il en résulterait une méconnaissance du principe de responsabilité garanti par l’article 4 de la Déclaration des droits de l’homme et du citoyen de 1789.5. Selon lui, ces dispositions seraient, pour les mêmes motifs, entachées d’incompétence négative dans des conditions affectant les exigences constitutionnelles précitées.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « entendues par les enquêteurs » figurant au premier alinéa de l’article 62 du code de procédure pénale.7. L’association intervenante soutient par ailleurs que les dispositions contestées méconnaîtraient, pour les mêmes motifs, le principe d’égalité devant la justice.8. 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 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.9. Selon
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
de la vérité ». Il en résulterait une méconnaissance du principe d’égalité devant la loi.4. Il fait également valoir que ces dispositions, en ne prévoyant pas que les personnes entendues dans le cadre d’une enquête de police sont tenues de prêter serment, feraient obstacle à toute poursuite en cas de déclarations mensongères au cours de leur audition. Il en résulterait une méconnaissance du principe de responsabilité garanti par l’article 4 de la Déclaration des droits de l’homme et du citoyen de 1789.5. Selon lui, ces dispositions seraient, pour les mêmes motifs, entachées d’incompétence négative dans des conditions affectant les exigences constitutionnelles précitées.6. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « entendues par les enquêteurs » figurant au premier alinéa de l’article 62 du code de procédure pénale.7. L’association intervenante soutient par ailleurs que les dispositions contestées méconnaîtraient, pour les mêmes motifs, le principe d’égalité devant la justice.8. 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 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.9. Selon
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CONSTEXT000052086212_5
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CONSTEXT000052086212
| 5 |
a47e239df6c69058
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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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.9. Selon l’article 61 du code de procédure pénale, l’officier de police judiciaire ou, sous son contrôle, un agent de police judiciaire peut, au cours de l’enquête de flagrance, entendre toutes les personnes susceptibles de fournir des renseignements sur les faits ou sur les objets et documents saisis. Il en est de même dans le cadre d’une enquête préliminaire en application de l’article 78 du même code. 10. En vertu du premier alinéa de l’article 62, la personne à l’encontre de laquelle il n’existe aucune raison plausible de soupçonner qu’elle a commis ou tenté de commettre une infraction est entendue par les enquêteurs sans faire l’objet d’une mesure de contrainte. Il résulte des dispositions contestées qu’elle ne prête pas serment. 11. Ce faisant, ces dispositions instaurent une différence de traitement entre les personnes entendues au cours d’une enquête de police et celles qui déposent en qualité de témoin durant l’information judiciaire, lesquelles sont tenues de prêter serment de dire « toute la vérité, rien que la vérité » en application des articles 109 et 153 du code de procédure pénale. 12. Il ressort des dispositions de l’article 14 du même code que l’enquête de police a pour objet de constater les infractions à la loi pénale, d’en rassembler les preuves et d’en identifier les
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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.9. Selon l’article 61 du code de procédure pénale, l’officier de police judiciaire ou, sous son contrôle, un agent de police judiciaire peut, au cours de l’enquête de flagrance, entendre toutes les personnes susceptibles de fournir des renseignements sur les faits ou sur les objets et documents saisis. Il en est de même dans le cadre d’une enquête préliminaire en application de l’article 78 du même code. 10. En vertu du premier alinéa de l’article 62, la personne à l’encontre de laquelle il n’existe aucune raison plausible de soupçonner qu’elle a commis ou tenté de commettre une infraction est entendue par les enquêteurs sans faire l’objet d’une mesure de contrainte. Il résulte des dispositions contestées qu’elle ne prête pas serment. 11. Ce faisant, ces dispositions instaurent une différence de traitement entre les personnes entendues au cours d’une enquête de police et celles qui déposent en qualité de témoin durant l’information judiciaire, lesquelles sont tenues de prêter serment de dire « toute la vérité, rien que la vérité » en application des articles 109 et 153 du code de procédure pénale. 12. Il ressort des dispositions de l’article 14 du même code que l’enquête de police a pour objet de constater les infractions à la loi pénale, d’en rassembler les preuves et d’en identifier les
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CONSTEXT000052086212_6
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CONSTEXT000052086212
| 6 |
9ed60fa235ca1b9a
|
QPC
|
Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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12. Il ressort des dispositions de l’article 14 du même code que l’enquête de police a pour objet de constater les infractions à la loi pénale, d’en rassembler les preuves et d’en identifier les auteurs tant qu’une information judiciaire n’est pas ouverte. Dans ce cadre, l’audition des personnes susceptibles de fournir des renseignements permet d’orienter les investigations en vue de permettre au procureur de la République de décider s’il est opportun d’engager des poursuites.13. Il en résulte que l’audition de ces personnes par un officier de police judiciaire n’a pas le même objet ni n’intervient dans le même cadre que la déposition d’un témoin devant le juge d’instruction ou recueillie sur commission rogatoire de celui-ci, qui constitue un acte d’information portant sur des faits déterminés faisant déjà l’objet de poursuites. 14. Dès lors, la différence de traitement instaurée par les dispositions contestées, qui est fondée sur une différence de situation, est en rapport direct avec l’objet de la loi. 15. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté. 16. En tout état de cause, il appartient au juge, dans le cadre du débat contradictoire, d’apprécier la force probante des éléments de preuve produits devant lui, qu’ils résultent d’une enquête de police ou d’une information judiciaire, en tenant compte des conditions dans lesquelles les déclarations de la personne entendue au cours de l’enquête ou de l’instruction ont été
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
12. Il ressort des dispositions de l’article 14 du même code que l’enquête de police a pour objet de constater les infractions à la loi pénale, d’en rassembler les preuves et d’en identifier les auteurs tant qu’une information judiciaire n’est pas ouverte. Dans ce cadre, l’audition des personnes susceptibles de fournir des renseignements permet d’orienter les investigations en vue de permettre au procureur de la République de décider s’il est opportun d’engager des poursuites.13. Il en résulte que l’audition de ces personnes par un officier de police judiciaire n’a pas le même objet ni n’intervient dans le même cadre que la déposition d’un témoin devant le juge d’instruction ou recueillie sur commission rogatoire de celui-ci, qui constitue un acte d’information portant sur des faits déterminés faisant déjà l’objet de poursuites. 14. Dès lors, la différence de traitement instaurée par les dispositions contestées, qui est fondée sur une différence de situation, est en rapport direct avec l’objet de la loi. 15. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté. 16. En tout état de cause, il appartient au juge, dans le cadre du débat contradictoire, d’apprécier la force probante des éléments de preuve produits devant lui, qu’ils résultent d’une enquête de police ou d’une information judiciaire, en tenant compte des conditions dans lesquelles les déclarations de la personne entendue au cours de l’enquête ou de l’instruction ont été
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CONSTEXT000052086212_7
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CONSTEXT000052086212
| 7 |
8717b3421b747525
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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d’une enquête de police ou d’une information judiciaire, en tenant compte des conditions dans lesquelles les déclarations de la personne entendue au cours de l’enquête ou de l’instruction ont été recueillies. 17. Par conséquent, les dispositions contestées, qui ne sont pas entachées d’incompétence négative et ne méconnaissent pas non plus, en tout état de cause, le principe d’égalité devant la justice et le principe de responsabilité garanti par l’article 4 de la Déclaration de 1789, ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
d’une enquête de police ou d’une information judiciaire, en tenant compte des conditions dans lesquelles les déclarations de la personne entendue au cours de l’enquête ou de l’instruction ont été recueillies. 17. Par conséquent, les dispositions contestées, qui ne sont pas entachées d’incompétence négative et ne méconnaissent pas non plus, en tout état de cause, le principe d’égalité devant la justice et le principe de responsabilité garanti par l’article 4 de la Déclaration de 1789, ni aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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CONSTEXT000052086212_8
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CONSTEXT000052086212
| 8 |
0a2d647b701ea69c
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QPC
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Conformité
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
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2025-1151
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « entendues par les enquêteurs » figurant au premier alinéa de l’article 62 du code de procédure pénale, dans sa rédaction résultant de la loi n° 2014-535 du 27 mai 2014 portant transposition de la directive 2012/13/UE du Parlement européen et du Conseil, du 22 mai 2012, relative au droit à l’information dans le cadre des procédures pénales, 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 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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M. Béchir E. [Absence de prestation de serment des personnes entendues dans le cadre d’une enquête de police]
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « entendues par les enquêteurs » figurant au premier alinéa de l’article 62 du code de procédure pénale, dans sa rédaction résultant de la loi n° 2014-535 du 27 mai 2014 portant transposition de la directive 2012/13/UE du Parlement européen et du Conseil, du 22 mai 2012, relative au droit à l’information dans le cadre des procédures pénales, 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 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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CONSTEXT000052086225_0
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CONSTEXT000052086225
| 0 |
2f4bb6363964189f
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AN
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Inéligibilité
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A.N., Français établis hors de France, 1re circ.
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2025-6563
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 26 mars 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 mars 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Elias FORNERIS, candidat aux élections qui se sont déroulées les 29 juin et 6 juillet 2024, dans la 1re circonscription des Français établis hors de France, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6563 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées pour M. FORNERIS par Me Jorge Mendes Constante, avocat au barreau de Marseille, enregistrées le 15 avril 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Français établis hors de France, 1re circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 26 mars 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 mars 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Elias FORNERIS, candidat aux élections qui se sont déroulées les 29 juin et 6 juillet 2024, dans la 1re circonscription des Français établis hors de France, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6563 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées pour M. FORNERIS par Me Jorge Mendes Constante, avocat au barreau de Marseille, enregistrées le 15 avril 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086225_1
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CONSTEXT000052086225
| 1 |
3f9c9876dba1e4e5
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AN
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Inéligibilité
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A.N., Français établis hors de France, 1re circ.
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2025-6563
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2025-07-25
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1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. L’article L. 330-9-1 du même code, applicable pour la désignation des députés élus par les Français établis hors de France, prévoit que ce compte doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le quinzième vendredi suivant le tour de scrutin où l’élection est acquise. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des
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A.N., Français établis hors de France, 1re circ.
1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. L’article L. 330-9-1 du même code, applicable pour la désignation des députés élus par les Français établis hors de France, prévoit que ce compte doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le quinzième vendredi suivant le tour de scrutin où l’élection est acquise. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des
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CONSTEXT000052086225_2
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CONSTEXT000052086225
| 2 |
7e3b08a3a01b418b
|
AN
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Inéligibilité
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A.N., Français établis hors de France, 1re circ.
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2025-6563
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2025-07-25
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des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article L. 52-6. 2. L’article L. 52-6 du code électoral impose au mandataire financier d’ouvrir un compte bancaire ou postal unique retraçant la totalité de ses opérations financières. L’intitulé du compte précise que le titulaire agit en qualité de mandataire financier du candidat, nommément désigné. 3. Le paragraphe II de l’article L. 330-7 du même code prévoit que, pour l’application de l’article L. 52-6, le compte unique est ouvert en France.4. Le compte de campagne de M. FORNERIS a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 24 mars 2025 au motif que le compte de dépôt a été ouvert par le mandataire dans une banque américaine située aux États-Unis.5. Ces circonstances sont établies. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a rejeté son compte de campagne. 6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte
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A.N., Français établis hors de France, 1re circ.
des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article L. 52-6. 2. L’article L. 52-6 du code électoral impose au mandataire financier d’ouvrir un compte bancaire ou postal unique retraçant la totalité de ses opérations financières. L’intitulé du compte précise que le titulaire agit en qualité de mandataire financier du candidat, nommément désigné. 3. Le paragraphe II de l’article L. 330-7 du même code prévoit que, pour l’application de l’article L. 52-6, le compte unique est ouvert en France.4. Le compte de campagne de M. FORNERIS a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 24 mars 2025 au motif que le compte de dépôt a été ouvert par le mandataire dans une banque américaine située aux États-Unis.5. Ces circonstances sont établies. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a rejeté son compte de campagne. 6. Selon l’article L.O. 136-1 du code électoral, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte
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CONSTEXT000052086225_3
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CONSTEXT000052086225
| 3 |
ff17bdd18723a861
|
AN
|
Inéligibilité
|
A.N., Français établis hors de France, 1re circ.
|
2025-6563
|
2025-07-25
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de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte de campagne a été rejeté à bon droit.7. Si M. FORNERIS reconnaît son manquement et fait valoir sa bonne foi ainsi que celle de son mandataire financier, il ne résulte pas de l’instruction que des circonstances particulières étaient de nature à justifier la méconnaissance des obligations résultant des articles L. 52-6 et L. 330-7.8. Dès lors, compte tenu de la particulière gravité de ce manquement, il y a lieu de prononcer l’inéligibilité de M. FORNERIS à tout mandat pour une durée d’un an à compter de la présente décision.
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A.N., Français établis hors de France, 1re circ.
de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat dont le compte de campagne a été rejeté à bon droit.7. Si M. FORNERIS reconnaît son manquement et fait valoir sa bonne foi ainsi que celle de son mandataire financier, il ne résulte pas de l’instruction que des circonstances particulières étaient de nature à justifier la méconnaissance des obligations résultant des articles L. 52-6 et L. 330-7.8. Dès lors, compte tenu de la particulière gravité de ce manquement, il y a lieu de prononcer l’inéligibilité de M. FORNERIS à tout mandat pour une durée d’un an à compter de la présente décision.
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CONSTEXT000052086225_4
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CONSTEXT000052086225
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73c9432a6327faad
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AN
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Inéligibilité
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A.N., Français établis hors de France, 1re circ.
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2025-6563
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - M. Elias FORNERIS est déclaré inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter de la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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A.N., Français établis hors de France, 1re circ.
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - M. Elias FORNERIS est déclaré inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter de la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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CONSTEXT000052086224_0
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CONSTEXT000052086224
| 0 |
cec56e5ee58dada2
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AN
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Inéligibilité
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A.N., Ain, 4e circ.
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2025-6550
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 28 février 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 février 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Guy BILLOUDET, candidat aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 4e circonscription du département de l’Ain, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6550 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations en défense présenté par M. BILLOUDET, enregistrées le 26 mars 2025 ;- les autres pièces produites et jointes au dossier ; Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Ain, 4e circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 28 février 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 février 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Guy BILLOUDET, candidat aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 4e circonscription du département de l’Ain, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6550 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations en défense présenté par M. BILLOUDET, enregistrées le 26 mars 2025 ;- les autres pièces produites et jointes au dossier ; Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086224_1
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CONSTEXT000052086224
| 1 |
6d07287fc30ef2a0
|
AN
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Inéligibilité
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A.N., Ain, 4e circ.
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2025-6550
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2025-07-25
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1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4 du code électoral, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. 2. Le compte de campagne de M. BILLOUDET a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 24 février 2025 au motif que, d’une part, le compte de campagne déposé par le candidat n’était appuyé que de pièces disparates et incomplètes ne permettant pas d’attester de la réalité et de la régularité des opérations réalisées. D’autre part, plusieurs dépenses,
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A.N., Ain, 4e circ.
1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4 du code électoral, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. 2. Le compte de campagne de M. BILLOUDET a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 24 février 2025 au motif que, d’une part, le compte de campagne déposé par le candidat n’était appuyé que de pièces disparates et incomplètes ne permettant pas d’attester de la réalité et de la régularité des opérations réalisées. D’autre part, plusieurs dépenses,
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CONSTEXT000052086224_2
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CONSTEXT000052086224
| 2 |
182196726a9f9ee3
|
AN
|
Inéligibilité
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A.N., Ain, 4e circ.
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2025-6550
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2025-07-25
|
par le candidat n’était appuyé que de pièces disparates et incomplètes ne permettant pas d’attester de la réalité et de la régularité des opérations réalisées. D’autre part, plusieurs dépenses, pour un montant total de 2 110 euros, ont été inscrites au compte de campagne sans que la preuve de leur paiement effectif ait été apportée par le candidat à la date limite de dépôt des comptes de campagne. 3. Si M. BILLOUDET fait notamment valoir que l’indemnité correspondant à ses frais de déplacement s’élevait à 458,46 euros, et non à 1 018 euros comme l’avait relevé la Commission dans sa décision précitée, il est établi que l’absence de pièce justificative concernant cette dépense ainsi que des autres pièces justificatives n’a pas permis de retracer l’intégralité des opérations financières. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a considéré que le compte de campagne de M. BILLOUDET n’avait pas été présenté dans les conditions prévues par l’article L. 52-12 du code électoral.4. Selon l’article L.O. 136-1 du même code, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat qui n’a pas déposé son compte de campagne dans les conditions et le délai prescrits à l’article L. 52-12.5. Si M. BILLOUDET a produit pour la première fois devant le Conseil constitutionnel les pièces
|
A.N., Ain, 4e circ.
par le candidat n’était appuyé que de pièces disparates et incomplètes ne permettant pas d’attester de la réalité et de la régularité des opérations réalisées. D’autre part, plusieurs dépenses, pour un montant total de 2 110 euros, ont été inscrites au compte de campagne sans que la preuve de leur paiement effectif ait été apportée par le candidat à la date limite de dépôt des comptes de campagne. 3. Si M. BILLOUDET fait notamment valoir que l’indemnité correspondant à ses frais de déplacement s’élevait à 458,46 euros, et non à 1 018 euros comme l’avait relevé la Commission dans sa décision précitée, il est établi que l’absence de pièce justificative concernant cette dépense ainsi que des autres pièces justificatives n’a pas permis de retracer l’intégralité des opérations financières. Par suite, c’est à bon droit que la Commission nationale des comptes de campagne et des financements politiques a considéré que le compte de campagne de M. BILLOUDET n’avait pas été présenté dans les conditions prévues par l’article L. 52-12 du code électoral.4. Selon l’article L.O. 136-1 du même code, en cas de volonté de fraude ou de manquement d’une particulière gravité aux règles de financement des campagnes électorales, le Conseil constitutionnel peut déclarer inéligible le candidat qui n’a pas déposé son compte de campagne dans les conditions et le délai prescrits à l’article L. 52-12.5. Si M. BILLOUDET a produit pour la première fois devant le Conseil constitutionnel les pièces
|
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|
CONSTEXT000052086224_3
|
CONSTEXT000052086224
| 3 |
28cc05d24bd10ddc
|
AN
|
Inéligibilité
|
A.N., Ain, 4e circ.
|
2025-6550
|
2025-07-25
|
n’a pas déposé son compte de campagne dans les conditions et le délai prescrits à l’article L. 52-12.5. Si M. BILLOUDET a produit pour la première fois devant le Conseil constitutionnel les pièces justificatives permettant d’attester certaines des opérations réalisées, il résulte de l’instruction que les dépenses correspondant aux frais de déplacement n’ont pas fait l’objet d’une description sincère. 6. Dès lors, compte tenu de la particulière gravité de ce manquement, il y a lieu de prononcer l’inéligibilité de M. BILLOUDET à tout mandat pour une durée d’un an à compter de la présente décision.
|
A.N., Ain, 4e circ.
n’a pas déposé son compte de campagne dans les conditions et le délai prescrits à l’article L. 52-12.5. Si M. BILLOUDET a produit pour la première fois devant le Conseil constitutionnel les pièces justificatives permettant d’attester certaines des opérations réalisées, il résulte de l’instruction que les dépenses correspondant aux frais de déplacement n’ont pas fait l’objet d’une description sincère. 6. Dès lors, compte tenu de la particulière gravité de ce manquement, il y a lieu de prononcer l’inéligibilité de M. BILLOUDET à tout mandat pour une durée d’un an à compter de la présente décision.
|
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CONSTEXT000052086224_4
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CONSTEXT000052086224
| 4 |
b0ec3dcf1d23368d
|
AN
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Inéligibilité
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A.N., Ain, 4e circ.
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2025-6550
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - M. Guy BILLOUDET est déclaré inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter de la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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A.N., Ain, 4e circ.
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - M. Guy BILLOUDET est déclaré inéligible en application de l’article L.O. 136-1 du code électoral pour une durée d’un an à compter de la présente décision. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 24 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, M. François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 25 juillet 2025.
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CONSTEXT000052086216_0
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CONSTEXT000052086216
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e32265394c45f221
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 11 juin 2025 par le Conseil d’État (décision nos 497765 et 499608 du 4 juin 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour l’association des parents et futurs parents gays et lesbiens par la SAS Boulloche, Colin, Stoclet et associés, avocat au Conseil d’État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1155 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 1225-35 du code du travail et L. 623-1 du code de la sécurité sociale, dans leur rédaction résultant de la loi n° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021.
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 11 juin 2025 par le Conseil d’État (décision nos 497765 et 499608 du 4 juin 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour l’association des parents et futurs parents gays et lesbiens par la SAS Boulloche, Colin, Stoclet et associés, avocat au Conseil d’État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1155 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit des articles L. 1225-35 du code du travail et L. 623-1 du code de la sécurité sociale, dans leur rédaction résultant de la loi n° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021.
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CONSTEXT000052086216_1
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CONSTEXT000052086216
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e19c4f4b8e1de8b9
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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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° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021 ;- l’arrêt de la Cour de cassation du 16 septembre 2020 (première chambre civile, nos 18-50.080 et 19-11.251) ;- 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 SAS Boulloche, Colin, Stoclet et associés, enregistrées le 1er juillet 2025 ;- les observations présentées par le Premier ministre, enregistrées le même jour ;- les observations présentées pour la Caisse nationale d’assurance maladie, partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, par la SCP Foussard-Froger, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 2 juillet 2025 ;- les observations en intervention présentées pour l’association « Le syndicat de la famille » par la SCP Claire Le Bret-Desaché, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations présentées pour l’association requérante par la SAS Boulloche, Colin, Stoclet et associés, enregistrées le 16 juillet 2025 ;- les autres pièces produites et jointes au
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021 ;- l’arrêt de la Cour de cassation du 16 septembre 2020 (première chambre civile, nos 18-50.080 et 19-11.251) ;- 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 SAS Boulloche, Colin, Stoclet et associés, enregistrées le 1er juillet 2025 ;- les observations présentées par le Premier ministre, enregistrées le même jour ;- les observations présentées pour la Caisse nationale d’assurance maladie, partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, par la SCP Foussard-Froger, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 2 juillet 2025 ;- les observations en intervention présentées pour l’association « Le syndicat de la famille » par la SCP Claire Le Bret-Desaché, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations présentées pour l’association requérante par la SAS Boulloche, Colin, Stoclet et associés, enregistrées le 16 juillet 2025 ;- les autres pièces produites et jointes au
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CONSTEXT000052086216_2
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CONSTEXT000052086216
| 2 |
a8c9935ecbc1c094
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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les secondes observations présentées pour l’association requérante par la SAS Boulloche, Colin, Stoclet et associés, enregistrées le 16 juillet 2025 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Bertrand Périer, avocat au Conseil d’État et à la Cour de cassation, pour l’association requérante, Me Régis Froger, avocat au Conseil d’État et à la Cour de cassation, pour la partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, Me Henri de Beauregard, avocat au barreau de Paris, pour l’association intervenante, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 29 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
les secondes observations présentées pour l’association requérante par la SAS Boulloche, Colin, Stoclet et associés, enregistrées le 16 juillet 2025 ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Bertrand Périer, avocat au Conseil d’État et à la Cour de cassation, pour l’association requérante, Me Régis Froger, avocat au Conseil d’État et à la Cour de cassation, pour la partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, Me Henri de Beauregard, avocat au barreau de Paris, pour l’association intervenante, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 29 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086216_3
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CONSTEXT000052086216
| 3 |
025591b436e76e60
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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1. L’article L. 1225-35 du code du travail, dans la rédaction résultant de la loi du 14 décembre 2020 mentionnée ci-dessus, prévoit :« Après la naissance de l’enfant, le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité bénéficient d’un congé de paternité et d’accueil de l’enfant de vingt-cinq jours calendaires ou de trente-deux jours calendaires en cas de naissances multiples.« Le congé de paternité et d’accueil de l’enfant entraîne la suspension du contrat de travail.« Ce congé est composé d’une période de quatre jours calendaires consécutifs, faisant immédiatement suite au congé de naissance mentionné au 3° de l’article L. 3142-1, et d’une période de vingt et un jours calendaires, portée à vingt-huit jours calendaires en cas de naissances multiples.« Le délai de prévenance de l’employeur quant à la date prévisionnelle de l’accouchement et aux dates de prise du congé et à la durée de la ou des périodes de congés, le délai dans lequel les jours de congé doivent être pris ainsi que les modalités de fractionnement de la période de congé de vingt et un jours et de vingt-huit jours sont fixés par décret. Le délai de prévenance relatif à la date prévisionnelle de l’accouchement et celui relatif aux dates de prise du ou des congés de la seconde période de vingt et un jours ou de vingt-huit jours ainsi qu’à la durée de ces congés doivent être compris entre quinze jours et deux
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
1. L’article L. 1225-35 du code du travail, dans la rédaction résultant de la loi du 14 décembre 2020 mentionnée ci-dessus, prévoit :« Après la naissance de l’enfant, le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité bénéficient d’un congé de paternité et d’accueil de l’enfant de vingt-cinq jours calendaires ou de trente-deux jours calendaires en cas de naissances multiples.« Le congé de paternité et d’accueil de l’enfant entraîne la suspension du contrat de travail.« Ce congé est composé d’une période de quatre jours calendaires consécutifs, faisant immédiatement suite au congé de naissance mentionné au 3° de l’article L. 3142-1, et d’une période de vingt et un jours calendaires, portée à vingt-huit jours calendaires en cas de naissances multiples.« Le délai de prévenance de l’employeur quant à la date prévisionnelle de l’accouchement et aux dates de prise du congé et à la durée de la ou des périodes de congés, le délai dans lequel les jours de congé doivent être pris ainsi que les modalités de fractionnement de la période de congé de vingt et un jours et de vingt-huit jours sont fixés par décret. Le délai de prévenance relatif à la date prévisionnelle de l’accouchement et celui relatif aux dates de prise du ou des congés de la seconde période de vingt et un jours ou de vingt-huit jours ainsi qu’à la durée de ces congés doivent être compris entre quinze jours et deux
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CONSTEXT000052086216_4
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CONSTEXT000052086216
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287112edee0b6404
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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celui relatif aux dates de prise du ou des congés de la seconde période de vingt et un jours ou de vingt-huit jours ainsi qu’à la durée de ces congés doivent être compris entre quinze jours et deux mois.« Par dérogation aux quatre premiers alinéas, lorsque l’état de santé de l’enfant nécessite son hospitalisation immédiate après la naissance dans une unité de soins spécialisée définie par arrêté des ministres chargés de la santé et de la sécurité sociale, la période de congé de quatre jours consécutifs mentionnée au troisième alinéa est prolongée de droit, à la demande du salarié, pendant la période d’hospitalisation, dans la limite d’une durée maximale déterminée par décret ». 2. L’article L. 623-1 du code de la sécurité sociale, dans la même rédaction, prévoit :« I. - Les assurées auxquelles s’appliquent les dispositions du présent titre bénéficient à l’occasion de leur maternité, à condition de cesser leur activité pendant la durée minimale prévue à l’article L. 331-3 :« 1° D’une allocation forfaitaire de repos maternel ;« 2° D’indemnités journalières forfaitaires.« Les femmes dont il est reconnu que la grossesse pathologique est liée à l’exposition in utero au diéthylstilbestrol bénéficient d’indemnités journalières forfaitaires à compter du premier jour de leur arrêt de travail dans les conditions prévues à l’article 32 de la loi n° 2004-1370 du 20 décembre 2004 de financement de la sécurité sociale pour 2005.« II. - À l’occasion de la naissance d’un enfant, le père et,
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
celui relatif aux dates de prise du ou des congés de la seconde période de vingt et un jours ou de vingt-huit jours ainsi qu’à la durée de ces congés doivent être compris entre quinze jours et deux mois.« Par dérogation aux quatre premiers alinéas, lorsque l’état de santé de l’enfant nécessite son hospitalisation immédiate après la naissance dans une unité de soins spécialisée définie par arrêté des ministres chargés de la santé et de la sécurité sociale, la période de congé de quatre jours consécutifs mentionnée au troisième alinéa est prolongée de droit, à la demande du salarié, pendant la période d’hospitalisation, dans la limite d’une durée maximale déterminée par décret ». 2. L’article L. 623-1 du code de la sécurité sociale, dans la même rédaction, prévoit :« I. - Les assurées auxquelles s’appliquent les dispositions du présent titre bénéficient à l’occasion de leur maternité, à condition de cesser leur activité pendant la durée minimale prévue à l’article L. 331-3 :« 1° D’une allocation forfaitaire de repos maternel ;« 2° D’indemnités journalières forfaitaires.« Les femmes dont il est reconnu que la grossesse pathologique est liée à l’exposition in utero au diéthylstilbestrol bénéficient d’indemnités journalières forfaitaires à compter du premier jour de leur arrêt de travail dans les conditions prévues à l’article 32 de la loi n° 2004-1370 du 20 décembre 2004 de financement de la sécurité sociale pour 2005.« II. - À l’occasion de la naissance d’un enfant, le père et,
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CONSTEXT000052086231_74
|
CONSTEXT000052086231
| 74 |
7154156a3e3d9271
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
|
2025-894
|
2025-08-07
|
de l’article 38 de la Constitution, de respecter les règles et principes de valeur constitutionnelle. 236. D’une part, en habilitant le Gouvernement à adopter certaines mesures relevant du domaine de la loi nécessaires pour rendre applicables à Mayotte la législation en matière de prestations de sécurité sociale, d’aide sociale, de prise en charge des frais de santé, de cotisations, contributions et impositions affectées au financement des régimes de sécurité sociale, d’organisation et de gestion des régimes de sécurité sociale, d’offre de soins, de contrôles et de lutte contre la fraude, de contentieux relatifs à la sécurité sociale et à l’aide sociale, ainsi que les modalités d’intégration des contributions dues par l’employeur au titre de l’assurance chômage et les conditions d’application de certaines exonérations de cotisations et contributions patronales, le législateur, qui n’était pas tenu de définir la date d’entrée en vigueur de chacune des mesures envisagées, a suffisamment précisé les finalités des mesures susceptibles d’être prises par voie d’ordonnance ainsi que leur domaine d’intervention. 237. D’autre part, si l’article 38 de la Constitution autorise le Parlement à déléguer au Gouvernement toute matière relevant de la loi, il ne l’autorise pas à prendre des mesures dans les domaines réservés par la Constitution à la loi organique, aux lois de finances et aux lois de financement de la sécurité sociale. Dès lors, l’habilitation prévue par les dispositions
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Loi de programmation pour la refondation de Mayotte
de l’article 38 de la Constitution, de respecter les règles et principes de valeur constitutionnelle. 236. D’une part, en habilitant le Gouvernement à adopter certaines mesures relevant du domaine de la loi nécessaires pour rendre applicables à Mayotte la législation en matière de prestations de sécurité sociale, d’aide sociale, de prise en charge des frais de santé, de cotisations, contributions et impositions affectées au financement des régimes de sécurité sociale, d’organisation et de gestion des régimes de sécurité sociale, d’offre de soins, de contrôles et de lutte contre la fraude, de contentieux relatifs à la sécurité sociale et à l’aide sociale, ainsi que les modalités d’intégration des contributions dues par l’employeur au titre de l’assurance chômage et les conditions d’application de certaines exonérations de cotisations et contributions patronales, le législateur, qui n’était pas tenu de définir la date d’entrée en vigueur de chacune des mesures envisagées, a suffisamment précisé les finalités des mesures susceptibles d’être prises par voie d’ordonnance ainsi que leur domaine d’intervention. 237. D’autre part, si l’article 38 de la Constitution autorise le Parlement à déléguer au Gouvernement toute matière relevant de la loi, il ne l’autorise pas à prendre des mesures dans les domaines réservés par la Constitution à la loi organique, aux lois de finances et aux lois de financement de la sécurité sociale. Dès lors, l’habilitation prévue par les dispositions
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CONSTEXT000052086216_5
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CONSTEXT000052086216
| 5 |
44473242ae58378c
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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dans les conditions prévues à l’article 32 de la loi n° 2004-1370 du 20 décembre 2004 de financement de la sécurité sociale pour 2005.« II. - À l’occasion de la naissance d’un enfant, le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin, auxquels s’appliquent les dispositions du présent livre bénéficient, sur leur demande, d’indemnités journalières du même montant que celles mentionnées au 2° du I.« Pour bénéficier des indemnités mentionnées au premier alinéa du présent II, les intéressés doivent cesser leur activité professionnelle pendant une durée minimale, fixée par décret, à compter de la naissance et ne pas reprendre cette activité pendant la durée d’indemnisation.« Lorsque l’état de santé de l’enfant nécessite son hospitalisation dans les conditions prévues à l’article L. 1225-35 du code du travail, les indemnités journalières sont versées pendant la période d’hospitalisation, dans la limite d’une durée maximale. Un décret fixe les modalités d’application du présent alinéa.« III. - Lorsqu’ils remplissent les conditions mentionnées au deuxième alinéa de l’article L. 161-6, et cessent à ce titre leur activité, les parents adoptifs ou accueillants auxquels s’appliquent les dispositions du présent livre, bénéficient :« 1° Sous réserve que l’autre parent n’en ait déjà bénéficié, d’une allocation forfaitaire de repos dont le montant est égal à la moitié de celle mentionnée au 1° du
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
dans les conditions prévues à l’article 32 de la loi n° 2004-1370 du 20 décembre 2004 de financement de la sécurité sociale pour 2005.« II. - À l’occasion de la naissance d’un enfant, le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin, auxquels s’appliquent les dispositions du présent livre bénéficient, sur leur demande, d’indemnités journalières du même montant que celles mentionnées au 2° du I.« Pour bénéficier des indemnités mentionnées au premier alinéa du présent II, les intéressés doivent cesser leur activité professionnelle pendant une durée minimale, fixée par décret, à compter de la naissance et ne pas reprendre cette activité pendant la durée d’indemnisation.« Lorsque l’état de santé de l’enfant nécessite son hospitalisation dans les conditions prévues à l’article L. 1225-35 du code du travail, les indemnités journalières sont versées pendant la période d’hospitalisation, dans la limite d’une durée maximale. Un décret fixe les modalités d’application du présent alinéa.« III. - Lorsqu’ils remplissent les conditions mentionnées au deuxième alinéa de l’article L. 161-6, et cessent à ce titre leur activité, les parents adoptifs ou accueillants auxquels s’appliquent les dispositions du présent livre, bénéficient :« 1° Sous réserve que l’autre parent n’en ait déjà bénéficié, d’une allocation forfaitaire de repos dont le montant est égal à la moitié de celle mentionnée au 1° du
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CONSTEXT000052086216_6
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CONSTEXT000052086216
| 6 |
1dc2118cc842eecf
|
QPC
|
Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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du présent livre, bénéficient :« 1° Sous réserve que l’autre parent n’en ait déjà bénéficié, d’une allocation forfaitaire de repos dont le montant est égal à la moitié de celle mentionnée au 1° du I ;« 2° D’indemnités journalières du même montant que celles mentionnées au 2° du I versées pour la ou les périodes d’interruption d’activité se situant après l’arrivée de l’enfant au foyer, la durée maximale d’attribution de la prestation étant égale, sans préjudice des dispositions du premier alinéa de l’article L. 161-6, aux trois quarts de celle qui est prévue pour les indemnités mentionnées au 2° du I du présent article.« III bis. - En cas de décès d’un enfant âgé de moins de vingt-cinq ans ou d’une personne âgée de moins de vingt-cinq ans à sa charge effective et permanente et dans un délai d’un an à compter de cette date, l’assuré bénéficie d’indemnités journalières du même montant que celles prévues au 2° du I pendant une durée de quinze jours, qui peuvent être fractionnés dans des conditions déterminées par décret, sous réserve de cesser son activité professionnelle.« IV. - Un décret détermine les modalités d’application du présent article et notamment le montant de l’allocation prévue au 1° du I, les montants et les durées d’attribution de l’indemnité journalière prévue au 2° du même I, notamment lorsque l’accouchement a lieu plus de six semaines avant la date initialement prévue et exige l’hospitalisation postnatale de l’enfant.« Les montants des prestations sont
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
du présent livre, bénéficient :« 1° Sous réserve que l’autre parent n’en ait déjà bénéficié, d’une allocation forfaitaire de repos dont le montant est égal à la moitié de celle mentionnée au 1° du I ;« 2° D’indemnités journalières du même montant que celles mentionnées au 2° du I versées pour la ou les périodes d’interruption d’activité se situant après l’arrivée de l’enfant au foyer, la durée maximale d’attribution de la prestation étant égale, sans préjudice des dispositions du premier alinéa de l’article L. 161-6, aux trois quarts de celle qui est prévue pour les indemnités mentionnées au 2° du I du présent article.« III bis. - En cas de décès d’un enfant âgé de moins de vingt-cinq ans ou d’une personne âgée de moins de vingt-cinq ans à sa charge effective et permanente et dans un délai d’un an à compter de cette date, l’assuré bénéficie d’indemnités journalières du même montant que celles prévues au 2° du I pendant une durée de quinze jours, qui peuvent être fractionnés dans des conditions déterminées par décret, sous réserve de cesser son activité professionnelle.« IV. - Un décret détermine les modalités d’application du présent article et notamment le montant de l’allocation prévue au 1° du I, les montants et les durées d’attribution de l’indemnité journalière prévue au 2° du même I, notamment lorsque l’accouchement a lieu plus de six semaines avant la date initialement prévue et exige l’hospitalisation postnatale de l’enfant.« Les montants des prestations sont
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CONSTEXT000052086216_7
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CONSTEXT000052086216
| 7 |
24b86e90e84821c4
|
QPC
|
Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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au 2° du même I, notamment lorsque l’accouchement a lieu plus de six semaines avant la date initialement prévue et exige l’hospitalisation postnatale de l’enfant.« Les montants des prestations sont revalorisés dans les mêmes conditions que celles fixées pour le plafond prévu à l’article L. 241-3 ». 3. L’association requérante soutient, en premier lieu, que ces dispositions institueraient plusieurs différences de traitement qui seraient injustifiées. 4. Elle leur reproche d’abord de réserver le bénéfice du congé de paternité et d’accueil de l’enfant au père et à la personne qui vit avec la mère, sans ouvrir la même possibilité à la personne vivant avec le père de l’enfant. Elle fait ainsi valoir que, dans le cas d’un couple d’hommes accueillant un enfant, lorsque le lien de filiation avec cet enfant n’a été établi qu’à l’égard d’un seul d’entre eux, l’autre membre du couple ne peut bénéficier de ce congé. 5. Par ailleurs, selon elle, ces dispositions aboutiraient à une rupture d’égalité injustifiée entre, d’une part, le père de l’enfant, qui a droit au bénéfice du congé même en cas de séparation avec la mère, et, d’autre part, la femme, dans le cas d’un couple de femmes ayant eu recours à l’assistance médicale à la procréation, qui n’y a pas droit lorsqu’elle est séparée de la mère qui a accouché, en dépit de l’existence d’un lien de filiation avec l’enfant. 6. Enfin, dans le cas d’un couple qui comporte un homme transgenre ayant accouché d’un enfant, l’autre membre de ce
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
au 2° du même I, notamment lorsque l’accouchement a lieu plus de six semaines avant la date initialement prévue et exige l’hospitalisation postnatale de l’enfant.« Les montants des prestations sont revalorisés dans les mêmes conditions que celles fixées pour le plafond prévu à l’article L. 241-3 ». 3. L’association requérante soutient, en premier lieu, que ces dispositions institueraient plusieurs différences de traitement qui seraient injustifiées. 4. Elle leur reproche d’abord de réserver le bénéfice du congé de paternité et d’accueil de l’enfant au père et à la personne qui vit avec la mère, sans ouvrir la même possibilité à la personne vivant avec le père de l’enfant. Elle fait ainsi valoir que, dans le cas d’un couple d’hommes accueillant un enfant, lorsque le lien de filiation avec cet enfant n’a été établi qu’à l’égard d’un seul d’entre eux, l’autre membre du couple ne peut bénéficier de ce congé. 5. Par ailleurs, selon elle, ces dispositions aboutiraient à une rupture d’égalité injustifiée entre, d’une part, le père de l’enfant, qui a droit au bénéfice du congé même en cas de séparation avec la mère, et, d’autre part, la femme, dans le cas d’un couple de femmes ayant eu recours à l’assistance médicale à la procréation, qui n’y a pas droit lorsqu’elle est séparée de la mère qui a accouché, en dépit de l’existence d’un lien de filiation avec l’enfant. 6. Enfin, dans le cas d’un couple qui comporte un homme transgenre ayant accouché d’un enfant, l’autre membre de ce
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CONSTEXT000052086216_8
|
CONSTEXT000052086216
| 8 |
82988ab64618662c
|
QPC
|
Conformité - réserve
|
Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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mère qui a accouché, en dépit de l’existence d’un lien de filiation avec l’enfant. 6. Enfin, dans le cas d’un couple qui comporte un homme transgenre ayant accouché d’un enfant, l’autre membre de ce couple ne pourrait pas bénéficier du congé, à la différence de la personne qui vit avec la mère, dès lors que, dans un tel cas, l’établissement d’un lien de filiation maternelle avec l’enfant ne serait pas possible pour un homme transgenre.7. Il résulterait de ces différences de traitement une méconnaissance du principe d’égalité devant la loi.8. En deuxième lieu, l’association requérante soutient que ces dispositions priveraient l’enfant du bénéfice d’une double présence parentale lors des premiers jours suivant sa naissance, en méconnaissance de l’exigence de protection de l’intérêt supérieur de l’enfant ainsi que du droit de mener une vie familiale normale.9. En dernier lieu, elle soutient qu’en privant la personne vivant avec le père de l’enfant de la possibilité de bénéficier d’indemnités journalières, ces dispositions méconnaîtraient le droit de propriété.10. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, ainsi que sur les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
mère qui a accouché, en dépit de l’existence d’un lien de filiation avec l’enfant. 6. Enfin, dans le cas d’un couple qui comporte un homme transgenre ayant accouché d’un enfant, l’autre membre de ce couple ne pourrait pas bénéficier du congé, à la différence de la personne qui vit avec la mère, dès lors que, dans un tel cas, l’établissement d’un lien de filiation maternelle avec l’enfant ne serait pas possible pour un homme transgenre.7. Il résulterait de ces différences de traitement une méconnaissance du principe d’égalité devant la loi.8. En deuxième lieu, l’association requérante soutient que ces dispositions priveraient l’enfant du bénéfice d’une double présence parentale lors des premiers jours suivant sa naissance, en méconnaissance de l’exigence de protection de l’intérêt supérieur de l’enfant ainsi que du droit de mener une vie familiale normale.9. En dernier lieu, elle soutient qu’en privant la personne vivant avec le père de l’enfant de la possibilité de bénéficier d’indemnités journalières, ces dispositions méconnaîtraient le droit de propriété.10. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, ainsi que sur les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un
|
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CONSTEXT000052086216_9
|
CONSTEXT000052086216
| 9 |
abbaf1a62528d779
|
QPC
|
Conformité - réserve
|
Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, ainsi que sur les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin » figurant au premier alinéa du paragraphe II de l’article L. 623-1 du code de la sécurité sociale.- Sur le grief tiré de la méconnaissance du principe d’égalité devant la loi :11. 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.12. L’article L. 1225-35 du code du travail prévoit un congé de paternité et d’accueil de l’enfant pour les salariés, après la naissance d’un enfant, d’une durée d’au moins vingt-cinq jours. Le bénéfice de ce congé, qui entraîne la suspension du contrat de travail et pendant lequel le salarié reçoit une indemnité journalière de repos, est, aux termes des dispositions contestées, ouvert au père ainsi que, le cas échéant, au conjoint ou concubin de la mère ou à la personne liée à elle par un pacte civil de solidarité. 13. Le paragraphe II de l’article L. 623-1 du code de la sécurité
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, ainsi que sur les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin » figurant au premier alinéa du paragraphe II de l’article L. 623-1 du code de la sécurité sociale.- Sur le grief tiré de la méconnaissance du principe d’égalité devant la loi :11. 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.12. L’article L. 1225-35 du code du travail prévoit un congé de paternité et d’accueil de l’enfant pour les salariés, après la naissance d’un enfant, d’une durée d’au moins vingt-cinq jours. Le bénéfice de ce congé, qui entraîne la suspension du contrat de travail et pendant lequel le salarié reçoit une indemnité journalière de repos, est, aux termes des dispositions contestées, ouvert au père ainsi que, le cas échéant, au conjoint ou concubin de la mère ou à la personne liée à elle par un pacte civil de solidarité. 13. Le paragraphe II de l’article L. 623-1 du code de la sécurité
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CONSTEXT000052086215_9
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CONSTEXT000052086215
| 9 |
3f8aef7e5fd7bb49
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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être informé de son droit de se taire, les dispositions contestées méconnaissent les exigences de l’article 9 de la Déclaration de 1789. Par conséquent, elles doivent être déclarées contraires à la Constitution.- Sur les effets de la déclaration d’inconstitutionnalité : 16. 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 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. Ces mêmes dispositions réservent également au Conseil constitutionnel le pouvoir de s’opposer à l’engagement de la responsabilité de l’État du fait des dispositions déclarées
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
être informé de son droit de se taire, les dispositions contestées méconnaissent les exigences de l’article 9 de la Déclaration de 1789. Par conséquent, elles doivent être déclarées contraires à la Constitution.- Sur les effets de la déclaration d’inconstitutionnalité : 16. 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 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. Ces mêmes dispositions réservent également au Conseil constitutionnel le pouvoir de s’opposer à l’engagement de la responsabilité de l’État du fait des dispositions déclarées
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CONSTEXT000052086216_10
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CONSTEXT000052086216
| 10 |
e18bdebb250e666d
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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au père ainsi que, le cas échéant, au conjoint ou concubin de la mère ou à la personne liée à elle par un pacte civil de solidarité. 13. Le paragraphe II de l’article L. 623-1 du code de la sécurité sociale prévoit, à l’occasion de la naissance d’un enfant, le versement aux travailleurs indépendants d’indemnités journalières de même montant que celles accordées à la mère de l’enfant au titre du congé maternité, pendant une durée minimale d’indemnisation, s’ils cessent d’exercer leur activité professionnelle. En application des dispositions contestées, peut bénéficier d’un tel versement le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin.14. En premier lieu, ces dispositions instaurent une différence de traitement entre, d’une part, le conjoint, le concubin ou le partenaire de la mère de l’enfant, et, d’autre part, le conjoint, le concubin ou le partenaire du père de l’enfant, dès lors que ce dernier ne peut prétendre au bénéfice d’un tel congé, s’il n’a pas de lien de filiation avec l’enfant. 15. Toutefois, d’une part, il ressort des travaux préparatoires de la loi du 14 décembre 2020 qu’en adoptant les dispositions contestées, le législateur a souhaité, en particulier, éviter que la mère reste isolée après l’accouchement afin de la soutenir et de protéger sa santé, au cours d’une période pendant laquelle elle est particulièrement vulnérable.16. D’autre part, au regard de cet objectif, le législateur
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
au père ainsi que, le cas échéant, au conjoint ou concubin de la mère ou à la personne liée à elle par un pacte civil de solidarité. 13. Le paragraphe II de l’article L. 623-1 du code de la sécurité sociale prévoit, à l’occasion de la naissance d’un enfant, le versement aux travailleurs indépendants d’indemnités journalières de même montant que celles accordées à la mère de l’enfant au titre du congé maternité, pendant une durée minimale d’indemnisation, s’ils cessent d’exercer leur activité professionnelle. En application des dispositions contestées, peut bénéficier d’un tel versement le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin.14. En premier lieu, ces dispositions instaurent une différence de traitement entre, d’une part, le conjoint, le concubin ou le partenaire de la mère de l’enfant, et, d’autre part, le conjoint, le concubin ou le partenaire du père de l’enfant, dès lors que ce dernier ne peut prétendre au bénéfice d’un tel congé, s’il n’a pas de lien de filiation avec l’enfant. 15. Toutefois, d’une part, il ressort des travaux préparatoires de la loi du 14 décembre 2020 qu’en adoptant les dispositions contestées, le législateur a souhaité, en particulier, éviter que la mère reste isolée après l’accouchement afin de la soutenir et de protéger sa santé, au cours d’une période pendant laquelle elle est particulièrement vulnérable.16. D’autre part, au regard de cet objectif, le législateur
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CONSTEXT000052086216_11
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CONSTEXT000052086216
| 11 |
4b0bb4724e0ec68b
|
QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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l’accouchement afin de la soutenir et de protéger sa santé, au cours d’une période pendant laquelle elle est particulièrement vulnérable.16. D’autre part, au regard de cet objectif, le législateur a pu considérer que le père n’est pas exposé, après la naissance de l’enfant, aux mêmes risques que la mère qui a accouché, et que la situation du conjoint, du concubin ou du partenaire du père de l’enfant se distingue ainsi de celle de la personne qui vit avec la mère.17. Dès lors, la différence de traitement résultant des dispositions contestées, qui est fondée sur une différence de situation, est en rapport direct avec l’objet de la loi.18. En deuxième lieu, en accordant au père le bénéfice d’un congé après la naissance de son enfant, le législateur a entendu permettre, dès les premiers jours suivant l’accouchement de la mère, la présence auprès de l’enfant de l’autre parent auquel le lien de filiation confère des droits et obligations à l’égard de cet enfant. 19. Dès lors, dans le cas d’un couple de femmes ayant eu recours à une assistance médicale à la procréation, les dispositions contestées ne sauraient, sans méconnaître le principe d’égalité devant la loi, être interprétées comme excluant du bénéfice de ce congé la femme à l’égard de laquelle la filiation de l’enfant a été établie par reconnaissance conjointe.20. En dernier lieu, il résulte d’une jurisprudence constante de la Cour de cassation que les personnes transgenres ayant obtenu la modification de leur sexe à l’état
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
l’accouchement afin de la soutenir et de protéger sa santé, au cours d’une période pendant laquelle elle est particulièrement vulnérable.16. D’autre part, au regard de cet objectif, le législateur a pu considérer que le père n’est pas exposé, après la naissance de l’enfant, aux mêmes risques que la mère qui a accouché, et que la situation du conjoint, du concubin ou du partenaire du père de l’enfant se distingue ainsi de celle de la personne qui vit avec la mère.17. Dès lors, la différence de traitement résultant des dispositions contestées, qui est fondée sur une différence de situation, est en rapport direct avec l’objet de la loi.18. En deuxième lieu, en accordant au père le bénéfice d’un congé après la naissance de son enfant, le législateur a entendu permettre, dès les premiers jours suivant l’accouchement de la mère, la présence auprès de l’enfant de l’autre parent auquel le lien de filiation confère des droits et obligations à l’égard de cet enfant. 19. Dès lors, dans le cas d’un couple de femmes ayant eu recours à une assistance médicale à la procréation, les dispositions contestées ne sauraient, sans méconnaître le principe d’égalité devant la loi, être interprétées comme excluant du bénéfice de ce congé la femme à l’égard de laquelle la filiation de l’enfant a été établie par reconnaissance conjointe.20. En dernier lieu, il résulte d’une jurisprudence constante de la Cour de cassation que les personnes transgenres ayant obtenu la modification de leur sexe à l’état
|
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CONSTEXT000052086216_12
|
CONSTEXT000052086216
| 12 |
7c216f1169d1d279
|
QPC
|
Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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par reconnaissance conjointe.20. En dernier lieu, il résulte d’une jurisprudence constante de la Cour de cassation que les personnes transgenres ayant obtenu la modification de leur sexe à l’état civil ne peuvent avoir recours, pour faire reconnaître un lien de filiation avec leur enfant, qu’aux modes d’établissement de cette filiation correspondant à la réalité physiologique. Ainsi, lorsqu’elle accouche d’un enfant, cette personne a droit au bénéfice d’un congé de maternité dans les conditions prévues par l’article L. 1225-17 du code du travail ou, dans le cas des travailleurs indépendants, au versement d’indemnités journalières en application du paragraphe I de l’article L. 623-1 du code de la sécurité sociale. En application des dispositions contestées, son conjoint, son concubin ou son partenaire a lui-même droit au bénéfice d’un congé de paternité et d’accueil de l’enfant, s’il justifie d’une communauté de vie avec cette personne ou d’un lien de filiation avec l’enfant.21. Dès lors, les dispositions contestées n’instituent aucune différence de traitement entre les couples comportant une personne transgenre et les autres couples.22. Par conséquent, sous la réserve énoncée au paragraphe 19, le grief tiré de la méconnaissance du principe d’égalité devant la loi doit être écarté.- Sur les griefs tirés de la méconnaissance du droit de mener une vie familiale normale et de l’exigence de protection de l’intérêt supérieur de l’enfant :23. Aux termes des dixième et onzième
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
par reconnaissance conjointe.20. En dernier lieu, il résulte d’une jurisprudence constante de la Cour de cassation que les personnes transgenres ayant obtenu la modification de leur sexe à l’état civil ne peuvent avoir recours, pour faire reconnaître un lien de filiation avec leur enfant, qu’aux modes d’établissement de cette filiation correspondant à la réalité physiologique. Ainsi, lorsqu’elle accouche d’un enfant, cette personne a droit au bénéfice d’un congé de maternité dans les conditions prévues par l’article L. 1225-17 du code du travail ou, dans le cas des travailleurs indépendants, au versement d’indemnités journalières en application du paragraphe I de l’article L. 623-1 du code de la sécurité sociale. En application des dispositions contestées, son conjoint, son concubin ou son partenaire a lui-même droit au bénéfice d’un congé de paternité et d’accueil de l’enfant, s’il justifie d’une communauté de vie avec cette personne ou d’un lien de filiation avec l’enfant.21. Dès lors, les dispositions contestées n’instituent aucune différence de traitement entre les couples comportant une personne transgenre et les autres couples.22. Par conséquent, sous la réserve énoncée au paragraphe 19, le grief tiré de la méconnaissance du principe d’égalité devant la loi doit être écarté.- Sur les griefs tirés de la méconnaissance du droit de mener une vie familiale normale et de l’exigence de protection de l’intérêt supérieur de l’enfant :23. Aux termes des dixième et onzième
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CONSTEXT000052086216_13
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CONSTEXT000052086216
| 13 |
60faca152f1e8af2
|
QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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écarté.- Sur les griefs tirés de la méconnaissance du droit de mener une vie familiale normale et de l’exigence de protection de l’intérêt supérieur de l’enfant :23. Aux termes des dixième et onzième alinéas du Préambule de la Constitution de 1946 : « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement. - Elle garantit à tous, notamment à l’enfant, à la mère et aux vieux travailleurs, la protection de la santé, la sécurité matérielle, le repos et les loisirs ». Il en résulte une exigence de protection de l’intérêt supérieur de l’enfant.24. Le droit de mener une vie familiale normale résulte de ce même dixième alinéa.25. Les dispositions contestées prévoient l’attribution d’une prestation sociale à certaines catégories de travailleurs en leur permettant de bénéficier d’un congé indemnisé ou du versement d’indemnités journalières à l’occasion de la naissance d’un enfant, s’ils cessent d’exercer leur activité professionnelle. Elles n’ont ainsi ni pour objet ni pour effet de faire obstacle à la présence des parents ou de leurs proches auprès de l’enfant, dans la période suivant sa naissance.26. Dès lors, ces dispositions ne méconnaissent, par elles-mêmes, ni le droit de mener une vie familiale normale, ni l’exigence de protection de l’intérêt supérieur de l’enfant. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles ne peuvent donc qu’être écartés.27. Il résulte de ce qui précède que, sous la réserve énoncée au
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
écarté.- Sur les griefs tirés de la méconnaissance du droit de mener une vie familiale normale et de l’exigence de protection de l’intérêt supérieur de l’enfant :23. Aux termes des dixième et onzième alinéas du Préambule de la Constitution de 1946 : « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement. - Elle garantit à tous, notamment à l’enfant, à la mère et aux vieux travailleurs, la protection de la santé, la sécurité matérielle, le repos et les loisirs ». Il en résulte une exigence de protection de l’intérêt supérieur de l’enfant.24. Le droit de mener une vie familiale normale résulte de ce même dixième alinéa.25. Les dispositions contestées prévoient l’attribution d’une prestation sociale à certaines catégories de travailleurs en leur permettant de bénéficier d’un congé indemnisé ou du versement d’indemnités journalières à l’occasion de la naissance d’un enfant, s’ils cessent d’exercer leur activité professionnelle. Elles n’ont ainsi ni pour objet ni pour effet de faire obstacle à la présence des parents ou de leurs proches auprès de l’enfant, dans la période suivant sa naissance.26. Dès lors, ces dispositions ne méconnaissent, par elles-mêmes, ni le droit de mener une vie familiale normale, ni l’exigence de protection de l’intérêt supérieur de l’enfant. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles ne peuvent donc qu’être écartés.27. Il résulte de ce qui précède que, sous la réserve énoncée au
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CONSTEXT000052086216_14
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CONSTEXT000052086216
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2a1b60fd67319fbb
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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supérieur de l’enfant. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles ne peuvent donc qu’être écartés.27. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe 19, les dispositions contestées, qui ne méconnaissent pas non plus 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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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
supérieur de l’enfant. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles ne peuvent donc qu’être écartés.27. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe 19, les dispositions contestées, qui ne méconnaissent pas non plus 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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CONSTEXT000052086216_15
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CONSTEXT000052086216
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4103cfc7a70cf44a
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QPC
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Conformité - réserve
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
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2025-1155
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2025-08-08
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous la réserve énoncée au paragraphe 19, les mots « le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, dans sa rédaction résultant de la loi n° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021, ainsi que les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin » figurant au premier alinéa du paragraphe II de l’article L. 623-1 du code de la sécurité sociale, dans la même rédaction, 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 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 8 août 2025.
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Association des parents et futurs parents gays et lesbiens [Bénéficiaires du congé de paternité et d’accueil de l’enfant]
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous la réserve énoncée au paragraphe 19, les mots « le père salarié ainsi que, le cas échéant, le conjoint ou concubin salarié de la mère ou la personne salariée liée à elle par un pacte civil de solidarité » figurant au premier alinéa de l’article L. 1225-35 du code du travail, dans sa rédaction résultant de la loi n° 2020-1576 du 14 décembre 2020 de financement de la sécurité sociale pour 2021, ainsi que les mots « le père et, le cas échéant, le conjoint de la mère ou la personne liée à elle par un pacte civil de solidarité ou son concubin » figurant au premier alinéa du paragraphe II de l’article L. 623-1 du code de la sécurité sociale, dans la même rédaction, 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 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 8 août 2025.
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CONSTEXT000052086233_0
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CONSTEXT000052086233
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8d7b1f8acd0629fa
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, dans les conditions prévues au deuxième alinéa de l’article 61 de la Constitution, de la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive, sous le n° 2025-895 DC, le 18 juillet 2025, par M. Boris VALLAUD, Mme Marie-José ALLEMAND, M. Joël AVIRAGNET, MM. Christian BAPTISTE, Fabrice BARUSSEAU, Mme Marie-Noëlle BATTISTEL, M. Laurent BAUMEL, Mme Béatrice BELLAY, MM. Karim BENBRAHIM, Mickaël BOULOUX, Philippe BRUN, Elie CALIFER, Mme Colette CAPDEVIELLE, MM. Paul CHRISTOPHLE, Pierrick COURBON, Alain DAVID, Arthur DELAPORTE, Stéphane DELAUTRETTE, Mmes Dieynaba DIOP, Fanny DOMBRE COSTE, MM. Peio DUFAU, Inaki ECHANIZ, Romain ESKENAZI, Olivier FAURE, Denis FÉGNÉ, Guillaume GAROT, Mme Océane GODARD, M. Julien GOKEL, Mme Pascale GOT, MM. Emmanuel GRÉGOIRE, Jérôme GUEDJ, Stéphane HABLOT, Mmes Ayda HADIZADEH, Florence HEROUIN-LÉAUTEY, Céline HERVIEU, Chantal JOURDAN, Marietta KARAMANLI, Fatiha KELOUA HACHI, MM. Gérard LESEUL, Laurent LHARDIT, Mme Estelle MERCIER, MM. Philippe NAILLET, Jacques OBERTI, Marc PENA, Mmes Anna PIC, Christine PIRÈS BEAUNE, MM. Dominique POTIER, Pierre PRIBETICH, Christophe PROENÇA, Mmes Marie RÉCALDE, Valérie ROSSI, Claudia ROUAUX, MM. Aurélien ROUSSEAU, Fabrice ROUSSEL, Mme Sandrine RUNEL, M. Sébastien SAINT-PASTEUR, Mme Isabelle SANTIAGO, MM. Hervé SAULIGNAC, Arnaud SIMION, Thierry SOTHER, Mmes Céline
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, dans les conditions prévues au deuxième alinéa de l’article 61 de la Constitution, de la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive, sous le n° 2025-895 DC, le 18 juillet 2025, par M. Boris VALLAUD, Mme Marie-José ALLEMAND, M. Joël AVIRAGNET, MM. Christian BAPTISTE, Fabrice BARUSSEAU, Mme Marie-Noëlle BATTISTEL, M. Laurent BAUMEL, Mme Béatrice BELLAY, MM. Karim BENBRAHIM, Mickaël BOULOUX, Philippe BRUN, Elie CALIFER, Mme Colette CAPDEVIELLE, MM. Paul CHRISTOPHLE, Pierrick COURBON, Alain DAVID, Arthur DELAPORTE, Stéphane DELAUTRETTE, Mmes Dieynaba DIOP, Fanny DOMBRE COSTE, MM. Peio DUFAU, Inaki ECHANIZ, Romain ESKENAZI, Olivier FAURE, Denis FÉGNÉ, Guillaume GAROT, Mme Océane GODARD, M. Julien GOKEL, Mme Pascale GOT, MM. Emmanuel GRÉGOIRE, Jérôme GUEDJ, Stéphane HABLOT, Mmes Ayda HADIZADEH, Florence HEROUIN-LÉAUTEY, Céline HERVIEU, Chantal JOURDAN, Marietta KARAMANLI, Fatiha KELOUA HACHI, MM. Gérard LESEUL, Laurent LHARDIT, Mme Estelle MERCIER, MM. Philippe NAILLET, Jacques OBERTI, Marc PENA, Mmes Anna PIC, Christine PIRÈS BEAUNE, MM. Dominique POTIER, Pierre PRIBETICH, Christophe PROENÇA, Mmes Marie RÉCALDE, Valérie ROSSI, Claudia ROUAUX, MM. Aurélien ROUSSEAU, Fabrice ROUSSEL, Mme Sandrine RUNEL, M. Sébastien SAINT-PASTEUR, Mme Isabelle SANTIAGO, MM. Hervé SAULIGNAC, Arnaud SIMION, Thierry SOTHER, Mmes Céline
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CONSTEXT000052086233_1
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CONSTEXT000052086233
| 1 |
e33d7e3e7ed4ef39
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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ROSSI, Claudia ROUAUX, MM. Aurélien ROUSSEAU, Fabrice ROUSSEL, Mme Sandrine RUNEL, M. Sébastien SAINT-PASTEUR, Mme Isabelle SANTIAGO, MM. Hervé SAULIGNAC, Arnaud SIMION, Thierry SOTHER, Mmes Céline THIÉBAULT-MARTINEZ, Mélanie THOMIN, MM. Roger VICOT, Jiovanny WILLIAM et par Mme Cyrielle CHATELAIN, M. Pouria AMIRSHAHI, Mmes Christine ARRIGHI, Clémentine AUTAIN, Léa BALAGE EL MARIKY, Lisa BELLUCO, MM. Karim BEN CHEIKH, Benoît BITEAU, Arnaud BONNET, Nicolas BONNET, Alexis CORBIÈRE, Hendrik DAVI, Emmanuel DUPLESSY, Charles FOURNIER, Mme Marie-Charlotte GARIN, MM. Damien GIRARD, Steevy GUSTAVE, Mme Catherine HERVIEU, M. Jérémie IORDANOFF, Mme Julie LAERNOES, MM. Tristan LAHAIS, Benjamin LUCAS-LUNDY, Mme Julie OZENNE, M. Sébastien PEYTAVIE, Mme Marie POCHON, M. Jean-Claude RAUX, Mmes Sandra REGOL, Sandrine ROUSSEAU, M. François RUFFIN, Mmes Eva SAS, Sabrina SEBAIHI, Danielle SIMONNET, Sophie TAILLÉ-POLIAN, MM. Boris TAVERNIER, Nicolas THIERRY et Mme Dominique VOYNET, députés.Il a également été saisi, le même jour, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, MM. Rodrigo ARENAS, Raphaël ARNAULT, Mme Anaïs BELOUASSA-CHERIFI, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME,
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
ROSSI, Claudia ROUAUX, MM. Aurélien ROUSSEAU, Fabrice ROUSSEL, Mme Sandrine RUNEL, M. Sébastien SAINT-PASTEUR, Mme Isabelle SANTIAGO, MM. Hervé SAULIGNAC, Arnaud SIMION, Thierry SOTHER, Mmes Céline THIÉBAULT-MARTINEZ, Mélanie THOMIN, MM. Roger VICOT, Jiovanny WILLIAM et par Mme Cyrielle CHATELAIN, M. Pouria AMIRSHAHI, Mmes Christine ARRIGHI, Clémentine AUTAIN, Léa BALAGE EL MARIKY, Lisa BELLUCO, MM. Karim BEN CHEIKH, Benoît BITEAU, Arnaud BONNET, Nicolas BONNET, Alexis CORBIÈRE, Hendrik DAVI, Emmanuel DUPLESSY, Charles FOURNIER, Mme Marie-Charlotte GARIN, MM. Damien GIRARD, Steevy GUSTAVE, Mme Catherine HERVIEU, M. Jérémie IORDANOFF, Mme Julie LAERNOES, MM. Tristan LAHAIS, Benjamin LUCAS-LUNDY, Mme Julie OZENNE, M. Sébastien PEYTAVIE, Mme Marie POCHON, M. Jean-Claude RAUX, Mmes Sandra REGOL, Sandrine ROUSSEAU, M. François RUFFIN, Mmes Eva SAS, Sabrina SEBAIHI, Danielle SIMONNET, Sophie TAILLÉ-POLIAN, MM. Boris TAVERNIER, Nicolas THIERRY et Mme Dominique VOYNET, députés.Il a également été saisi, le même jour, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, MM. Rodrigo ARENAS, Raphaël ARNAULT, Mme Anaïs BELOUASSA-CHERIFI, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME,
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CONSTEXT000052086233_2
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CONSTEXT000052086233
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5162c8ed50cb66fd
|
DC
|
Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
|
Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME, Sébastien DELOGU, Aly DIOUARA, Mmes Alma DUFOUR, Karen ERODI, Mathilde FELD, M. Emmanuel FERNANDES, Mme Sylvie FERRER, M. Perceval GAILLARD, Mme Clémence GUETTÉ, M. David GUIRAUD, Mmes Zahia HAMDANE, Mathilde HIGNET, MM. Andy KERBRAT, Bastien LACHAUD, Abdelkader LAHMAR, Maxime LAISNEY, Aurélien LE COQ, Arnaud LE GALL, Antoine LÉAUMENT, Mme Élise LEBOUCHER, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Claire LEJEUNE, Murielle LEPVRAUD, Élisa MARTIN, M. Damien MAUDET, Mmes Marianne MAXIMI, Marie MESMEUR, Manon MEUNIER, M. Jean Philippe NILOR, Mmes Sandrine NOSBÉ, Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien TACHÉ, Mme Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, M. Paul VANNIER et par MM. Stéphane PEU, Édouard BÉNARD, Mme Soumya BOUROUAHA, M. Jean-Victor CASTOR, Mmes Elsa FAUCILLON, Émeline K BIDI, MM. Jean-Paul LECOQ et Marcellin NADEAU, députés.
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
Louis BOYARD, Pierre-Yves CADALEN, Aymeric CARON, Sylvain CARRIÈRE, Mme Gabrielle CATHALA, M. Bérenger CERNON, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Jean-François COULOMME, Sébastien DELOGU, Aly DIOUARA, Mmes Alma DUFOUR, Karen ERODI, Mathilde FELD, M. Emmanuel FERNANDES, Mme Sylvie FERRER, M. Perceval GAILLARD, Mme Clémence GUETTÉ, M. David GUIRAUD, Mmes Zahia HAMDANE, Mathilde HIGNET, MM. Andy KERBRAT, Bastien LACHAUD, Abdelkader LAHMAR, Maxime LAISNEY, Aurélien LE COQ, Arnaud LE GALL, Antoine LÉAUMENT, Mme Élise LEBOUCHER, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Claire LEJEUNE, Murielle LEPVRAUD, Élisa MARTIN, M. Damien MAUDET, Mmes Marianne MAXIMI, Marie MESMEUR, Manon MEUNIER, M. Jean Philippe NILOR, Mmes Sandrine NOSBÉ, Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Arnaud SAINT-MARTIN, Aurélien SAINTOUL, Mmes Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, M. Aurélien TACHÉ, Mme Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, M. Paul VANNIER et par MM. Stéphane PEU, Édouard BÉNARD, Mme Soumya BOUROUAHA, M. Jean-Victor CASTOR, Mmes Elsa FAUCILLON, Émeline K BIDI, MM. Jean-Paul LECOQ et Marcellin NADEAU, députés.
|
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CONSTEXT000052086233_3
|
CONSTEXT000052086233
| 3 |
de8a243c1da7cd1c
|
DC
|
Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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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’entrée et du séjour des étrangers et du droit d’asile ;- la décision du Conseil constitutionnel n° 2025-1140 QPC du 23 mai 2025 ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 24 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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’entrée et du séjour des étrangers et du droit d’asile ;- la décision du Conseil constitutionnel n° 2025-1140 QPC du 23 mai 2025 ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 24 juillet 2025 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086231_87
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CONSTEXT000052086231
| 87 |
3d566e8be554661e
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DC
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Conformité - réserve
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Loi de programmation pour la refondation de Mayotte
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2025-894
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2025-08-07
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Jugé par le Conseil constitutionnel dans sa séance du 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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Loi de programmation pour la refondation de Mayotte
Jugé par le Conseil constitutionnel dans sa séance du 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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CONSTEXT000052086233_4
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CONSTEXT000052086233
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9d00de0c089450c9
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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1. Les députés requérants défèrent au Conseil constitutionnel la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive. Ils contestent la procédure d’adoption de ses articles 3 et 5. Ils contestent en outre la conformité à la Constitution des articles 1er, 2, 3 et 4 ainsi que de certaines dispositions de l’article 5.- Sur l’article 1er :2. L’article 1er modifie l’article L. 742-6 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’étendre les cas dans lesquels la durée maximale de la rétention administrative des étrangers en situation irrégulière peut, par dérogation, être portée à cent quatre-vingt jours voire, dans certains cas, deux cent dix jours.3. Les députés requérants font valoir qu’en permettant de porter à deux cent dix jours la rétention administrative d’un étranger, sans que la gravité de son comportement ne justifie une telle durée ni que cette dernière soit de nature à favoriser son éloignement, ces dispositions méconnaîtraient la liberté individuelle ainsi que, selon les députés auteurs de la seconde saisine, le « principe de sûreté » garanti par l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789.4. Le placement en rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
1. Les députés requérants défèrent au Conseil constitutionnel la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive. Ils contestent la procédure d’adoption de ses articles 3 et 5. Ils contestent en outre la conformité à la Constitution des articles 1er, 2, 3 et 4 ainsi que de certaines dispositions de l’article 5.- Sur l’article 1er :2. L’article 1er modifie l’article L. 742-6 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’étendre les cas dans lesquels la durée maximale de la rétention administrative des étrangers en situation irrégulière peut, par dérogation, être portée à cent quatre-vingt jours voire, dans certains cas, deux cent dix jours.3. Les députés requérants font valoir qu’en permettant de porter à deux cent dix jours la rétention administrative d’un étranger, sans que la gravité de son comportement ne justifie une telle durée ni que cette dernière soit de nature à favoriser son éloignement, ces dispositions méconnaîtraient la liberté individuelle ainsi que, selon les députés auteurs de la seconde saisine, le « principe de sûreté » garanti par l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789.4. Le placement en rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être
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CONSTEXT000052086233_5
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CONSTEXT000052086233
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e116bcb23a24124f
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être entravée par une rigueur qui ne soit pas nécessaire. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public nécessaire à la sauvegarde de droits et principes de valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle dont l’article 66 de la Constitution confie la protection à l’autorité judiciaire. Les atteintes portées à l’exercice de ces libertés doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.5. En application de l’article L. 741-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’autorité administrative peut placer en rétention l’étranger en situation irrégulière qui a fait l’objet d’une mesure d’éloignement ne pouvant être immédiatement exécutée lorsqu’il ne présente pas de garanties de représentation effectives propres à prévenir un risque de soustraction à cette exécution et qu’aucune autre mesure n’apparaît suffisante à la garantir efficacement. Cette mesure, d’une durée initiale de quatre jours, peut, en application de l’article L. 742-3 du même code, être prolongée par le magistrat du siège du tribunal judiciaire, une première fois, pour une nouvelle période de
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être entravée par une rigueur qui ne soit pas nécessaire. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public nécessaire à la sauvegarde de droits et principes de valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle dont l’article 66 de la Constitution confie la protection à l’autorité judiciaire. Les atteintes portées à l’exercice de ces libertés doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.5. En application de l’article L. 741-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’autorité administrative peut placer en rétention l’étranger en situation irrégulière qui a fait l’objet d’une mesure d’éloignement ne pouvant être immédiatement exécutée lorsqu’il ne présente pas de garanties de représentation effectives propres à prévenir un risque de soustraction à cette exécution et qu’aucune autre mesure n’apparaît suffisante à la garantir efficacement. Cette mesure, d’une durée initiale de quatre jours, peut, en application de l’article L. 742-3 du même code, être prolongée par le magistrat du siège du tribunal judiciaire, une première fois, pour une nouvelle période de
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CONSTEXT000052086233_6
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CONSTEXT000052086233
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b60b98ab0de92240
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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initiale de quatre jours, peut, en application de l’article L. 742-3 du même code, être prolongée par le magistrat du siège du tribunal judiciaire, une première fois, pour une nouvelle période de vingt-six jours. Ce magistrat peut ensuite la prolonger, en cas d’urgence absolue ou de menace pour l’ordre public, ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs, dans la limite d’une durée maximale de quatre-vingt-dix jours. 6. Par dérogation, en application de l’article L. 742-6, la prolongation de la rétention au-delà de cette durée peut intervenir par périodes de trente jours renouvelables dans la limite maximale de cent quatre-vingt jours lorsque l’étranger a été condamné à une peine d’interdiction du territoire pour des actes de terrorisme ou fait l’objet d’une décision d’expulsion édictée pour un comportement lié à des activités à caractère terroriste pénalement constatées. L’article L. 742-7 permet, à titre exceptionnel, de porter cette durée à deux cent dix jours. 7. Les dispositions contestées étendent à de nouvelles hypothèses l’application de ces dérogations. 8. En adoptant ces dispositions, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et l’objectif de lutte contre l’immigration irrégulière, qui participe de cet objectif.9. Toutefois, d’une part, les dispositions contestées permettent de maintenir un étranger en rétention pour une durée particulièrement longue sans prévoir qu’une telle
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
initiale de quatre jours, peut, en application de l’article L. 742-3 du même code, être prolongée par le magistrat du siège du tribunal judiciaire, une première fois, pour une nouvelle période de vingt-six jours. Ce magistrat peut ensuite la prolonger, en cas d’urgence absolue ou de menace pour l’ordre public, ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs, dans la limite d’une durée maximale de quatre-vingt-dix jours. 6. Par dérogation, en application de l’article L. 742-6, la prolongation de la rétention au-delà de cette durée peut intervenir par périodes de trente jours renouvelables dans la limite maximale de cent quatre-vingt jours lorsque l’étranger a été condamné à une peine d’interdiction du territoire pour des actes de terrorisme ou fait l’objet d’une décision d’expulsion édictée pour un comportement lié à des activités à caractère terroriste pénalement constatées. L’article L. 742-7 permet, à titre exceptionnel, de porter cette durée à deux cent dix jours. 7. Les dispositions contestées étendent à de nouvelles hypothèses l’application de ces dérogations. 8. En adoptant ces dispositions, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et l’objectif de lutte contre l’immigration irrégulière, qui participe de cet objectif.9. Toutefois, d’une part, les dispositions contestées permettent de maintenir un étranger en rétention pour une durée particulièrement longue sans prévoir qu’une telle
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CONSTEXT000052086233_7
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CONSTEXT000052086233
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adc54f841ff059dd
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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qui participe de cet objectif.9. Toutefois, d’une part, les dispositions contestées permettent de maintenir un étranger en rétention pour une durée particulièrement longue sans prévoir qu’une telle mesure n’est possible qu’à titre exceptionnel.10. D’autre part, elles s’appliquent à l’étranger condamné à une peine d’interdiction du territoire, alors même que cette dernière peut être prononcée pour des infractions qui ne sont pas d’une particulière gravité, et que cette condamnation peut ne pas avoir un caractère définitif et ne pas être assortie de l’exécution provisoire.11. En outre, ces dispositions s’appliquent à l’étranger qui fait l’objet d’une condamnation définitive pour certains crimes et délits qu’elles énumèrent, sans même que l’administration ait à établir que le comportement de ce dernier, qui a exécuté sa peine, constitue une menace actuelle et d’une particulière gravité pour l’ordre public. 12. Elles sont, au demeurant, susceptibles de s’appliquer à des étrangers à l’encontre desquels la juridiction n’aurait pas estimé nécessaire de prononcer une peine d’interdiction du territoire.13. Ainsi, en permettant de porter jusqu’à six mois, voire sept mois, la durée de la rétention administrative d’un étranger dans l’ensemble de ces hypothèses, le législateur n’a pas assuré une conciliation équilibrée entre les exigences constitutionnelles précitées. 14. Par conséquent, sans qu’il soit besoin d’examiner l’autre grief, l’article 1er de la loi déférée est contraire à la
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
qui participe de cet objectif.9. Toutefois, d’une part, les dispositions contestées permettent de maintenir un étranger en rétention pour une durée particulièrement longue sans prévoir qu’une telle mesure n’est possible qu’à titre exceptionnel.10. D’autre part, elles s’appliquent à l’étranger condamné à une peine d’interdiction du territoire, alors même que cette dernière peut être prononcée pour des infractions qui ne sont pas d’une particulière gravité, et que cette condamnation peut ne pas avoir un caractère définitif et ne pas être assortie de l’exécution provisoire.11. En outre, ces dispositions s’appliquent à l’étranger qui fait l’objet d’une condamnation définitive pour certains crimes et délits qu’elles énumèrent, sans même que l’administration ait à établir que le comportement de ce dernier, qui a exécuté sa peine, constitue une menace actuelle et d’une particulière gravité pour l’ordre public. 12. Elles sont, au demeurant, susceptibles de s’appliquer à des étrangers à l’encontre desquels la juridiction n’aurait pas estimé nécessaire de prononcer une peine d’interdiction du territoire.13. Ainsi, en permettant de porter jusqu’à six mois, voire sept mois, la durée de la rétention administrative d’un étranger dans l’ensemble de ces hypothèses, le législateur n’a pas assuré une conciliation équilibrée entre les exigences constitutionnelles précitées. 14. Par conséquent, sans qu’il soit besoin d’examiner l’autre grief, l’article 1er de la loi déférée est contraire à la
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CONSTEXT000052086233_8
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CONSTEXT000052086233
| 8 |
262c04688eb545c1
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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une conciliation équilibrée entre les exigences constitutionnelles précitées. 14. Par conséquent, sans qu’il soit besoin d’examiner l’autre grief, l’article 1er de la loi déférée est contraire à la Constitution.15. Il en va de même, par voie de conséquence, du 3° de l’article 4 de la loi déférée, qui en est inséparable.- Sur l’article 2 : 16. L’article 2 modifie l’article L. 743-22 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’instituer de nouveaux cas dans lesquels l’appel contre une décision mettant fin à la rétention administrative d’un étranger est suspensif et l’intéressé maintenu à la disposition de la justice jusqu’à ce qu’il soit statué sur le fond.17. Les députés auteurs de la seconde saisine reprochent à ces dispositions d’étendre à des situations très diverses, ne relevant pas de raisons impérieuses, l’effet suspensif de l’appel formé contre la décision du juge mettant fin à une mesure de rétention administrative, sans possibilité pour la personne d’obtenir du juge qu’il se prononce sur cet effet suspensif. En privant ainsi l’étranger d’une garantie procédurale essentielle en matière de privation de liberté, elles porteraient une atteinte qui n’est ni nécessaire ni proportionnée à la liberté individuelle. Il en résulterait en outre, pour les mêmes motifs, une méconnaissance du droit à un procès équitable et du droit à un recours juridictionnel effectif. 18. Aux termes de l’article 66 de la Constitution : « Nul ne peut être
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
une conciliation équilibrée entre les exigences constitutionnelles précitées. 14. Par conséquent, sans qu’il soit besoin d’examiner l’autre grief, l’article 1er de la loi déférée est contraire à la Constitution.15. Il en va de même, par voie de conséquence, du 3° de l’article 4 de la loi déférée, qui en est inséparable.- Sur l’article 2 : 16. L’article 2 modifie l’article L. 743-22 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’instituer de nouveaux cas dans lesquels l’appel contre une décision mettant fin à la rétention administrative d’un étranger est suspensif et l’intéressé maintenu à la disposition de la justice jusqu’à ce qu’il soit statué sur le fond.17. Les députés auteurs de la seconde saisine reprochent à ces dispositions d’étendre à des situations très diverses, ne relevant pas de raisons impérieuses, l’effet suspensif de l’appel formé contre la décision du juge mettant fin à une mesure de rétention administrative, sans possibilité pour la personne d’obtenir du juge qu’il se prononce sur cet effet suspensif. En privant ainsi l’étranger d’une garantie procédurale essentielle en matière de privation de liberté, elles porteraient une atteinte qui n’est ni nécessaire ni proportionnée à la liberté individuelle. Il en résulterait en outre, pour les mêmes motifs, une méconnaissance du droit à un procès équitable et du droit à un recours juridictionnel effectif. 18. Aux termes de l’article 66 de la Constitution : « Nul ne peut être
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CONSTEXT000052086233_9
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CONSTEXT000052086233
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18d4665a8e611688
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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pour les mêmes motifs, une méconnaissance du droit à un procès équitable et du droit à un recours juridictionnel effectif. 18. Aux termes de l’article 66 de la Constitution : « Nul ne peut être arbitrairement détenu. L’autorité judiciaire, gardienne de la liberté individuelle, assure le respect de ce principe dans les conditions prévues par la loi ». En principe, il résulte de cette disposition que, lorsqu’un magistrat du siège a, dans la plénitude des pouvoirs que lui confère son rôle de gardien de la liberté individuelle, décidé par une décision juridictionnelle qu’une personne doit être mise en liberté, il ne peut être fait obstacle à cette décision, fût-ce dans l’attente, le cas échéant, de celle du juge d’appel. 19. Selon l’article L. 743-22 du code de l’entrée et du séjour des étrangers et du droit d’asile, d’une part, l’appel formé contre une ordonnance du magistrat du siège du tribunal judiciaire mettant fin à la rétention d’un étranger n’est pas suspensif. 20. D’autre part, le ministère public peut demander au premier président de la cour d’appel ou à son délégué de déclarer son recours suspensif lorsqu’il lui apparaît que l’intéressé ne dispose pas de garanties de représentation effectives ou en cas de menace grave pour l’ordre public. Ce magistrat décide alors, sans délai, s’il y a lieu de donner à l’appel un effet suspensif par une ordonnance motivée rendue contradictoirement. L’intéressé est maintenu à la disposition de la justice jusqu’à ce que l’ordonnance
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
pour les mêmes motifs, une méconnaissance du droit à un procès équitable et du droit à un recours juridictionnel effectif. 18. Aux termes de l’article 66 de la Constitution : « Nul ne peut être arbitrairement détenu. L’autorité judiciaire, gardienne de la liberté individuelle, assure le respect de ce principe dans les conditions prévues par la loi ». En principe, il résulte de cette disposition que, lorsqu’un magistrat du siège a, dans la plénitude des pouvoirs que lui confère son rôle de gardien de la liberté individuelle, décidé par une décision juridictionnelle qu’une personne doit être mise en liberté, il ne peut être fait obstacle à cette décision, fût-ce dans l’attente, le cas échéant, de celle du juge d’appel. 19. Selon l’article L. 743-22 du code de l’entrée et du séjour des étrangers et du droit d’asile, d’une part, l’appel formé contre une ordonnance du magistrat du siège du tribunal judiciaire mettant fin à la rétention d’un étranger n’est pas suspensif. 20. D’autre part, le ministère public peut demander au premier président de la cour d’appel ou à son délégué de déclarer son recours suspensif lorsqu’il lui apparaît que l’intéressé ne dispose pas de garanties de représentation effectives ou en cas de menace grave pour l’ordre public. Ce magistrat décide alors, sans délai, s’il y a lieu de donner à l’appel un effet suspensif par une ordonnance motivée rendue contradictoirement. L’intéressé est maintenu à la disposition de la justice jusqu’à ce que l’ordonnance
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CONSTEXT000052086233_10
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CONSTEXT000052086233
| 10 |
2dd27151d1d15b54
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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délai, s’il y a lieu de donner à l’appel un effet suspensif par une ordonnance motivée rendue contradictoirement. L’intéressé est maintenu à la disposition de la justice jusqu’à ce que l’ordonnance soit rendue et, si elle donne un effet suspensif à l’appel du ministère public, jusqu’à ce qu’il soit statué sur le fond.21. Par dérogation, les dispositions contestées prévoient que l’appel suspend l’exécution de la décision du juge mettant fin à la rétention lorsque l’étranger fait l’objet d’une peine d’interdiction du territoire, d’une condamnation définitive pour l’un des crimes ou délits mentionnés à l’article L. 742-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, ou d’une décision d’expulsion ou d’interdiction administrative du territoire. Il est également suspensif si le comportement de l’intéressé constitue une menace d’une particulière gravité pour l’ordre public.22. Toutefois, d’une part, ces dispositions s’appliquent à tout appel formé contre la décision du juge, qu’il émane du ministère public ou de l’autorité administrative en application de l’article L. 743-21 du même code. 23. D’autre part, elles ne prévoient ni que le magistrat du siège saisi de l’appel décide s’il y a lieu de donner à ce recours un effet suspensif, ni même qu’il puisse être saisi à cet effet par l’intéressé. 24. Dès lors, en conférant un tel effet suspensif au recours formé contre une décision de justice mettant fin à une mesure privative de liberté y compris lorsqu’il
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
délai, s’il y a lieu de donner à l’appel un effet suspensif par une ordonnance motivée rendue contradictoirement. L’intéressé est maintenu à la disposition de la justice jusqu’à ce que l’ordonnance soit rendue et, si elle donne un effet suspensif à l’appel du ministère public, jusqu’à ce qu’il soit statué sur le fond.21. Par dérogation, les dispositions contestées prévoient que l’appel suspend l’exécution de la décision du juge mettant fin à la rétention lorsque l’étranger fait l’objet d’une peine d’interdiction du territoire, d’une condamnation définitive pour l’un des crimes ou délits mentionnés à l’article L. 742-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, ou d’une décision d’expulsion ou d’interdiction administrative du territoire. Il est également suspensif si le comportement de l’intéressé constitue une menace d’une particulière gravité pour l’ordre public.22. Toutefois, d’une part, ces dispositions s’appliquent à tout appel formé contre la décision du juge, qu’il émane du ministère public ou de l’autorité administrative en application de l’article L. 743-21 du même code. 23. D’autre part, elles ne prévoient ni que le magistrat du siège saisi de l’appel décide s’il y a lieu de donner à ce recours un effet suspensif, ni même qu’il puisse être saisi à cet effet par l’intéressé. 24. Dès lors, en conférant un tel effet suspensif au recours formé contre une décision de justice mettant fin à une mesure privative de liberté y compris lorsqu’il
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CONSTEXT000052086233_11
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CONSTEXT000052086233
| 11 |
b7df8bfb95275808
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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saisi à cet effet par l’intéressé. 24. Dès lors, en conférant un tel effet suspensif au recours formé contre une décision de justice mettant fin à une mesure privative de liberté y compris lorsqu’il n’émane pas du procureur de la République, magistrat de l’ordre judiciaire, et sans qu’un magistrat du siège, dans la plénitude des pouvoirs que lui reconnaît l’article 66 de la Constitution en tant que gardien de la liberté individuelle, doive se prononcer dans les plus brefs délais sur le bien-fondé de cette suspension de la décision, les dispositions contestées portent une atteinte excessive à la liberté individuelle. Elles méconnaissent ainsi les exigences de l’article 66 de la Constitution. 25. Par conséquent, sans qu’il soit besoin d’examiner les autres griefs, l’article 2 est contraire à la Constitution. - Sur l’article 3 : 26. L’article 3 complète l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’autoriser le relevé des empreintes digitales et la prise de photographies d’un étranger, sans son consentement, lors de son placement en rétention administrative.27. Les députés requérants soutiennent que l’article 3 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.28. Les députés auteurs de la première saisine font en outre valoir que ces dispositions ne seraient pas entourées de garanties suffisantes, faute de limiter le recours à
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
saisi à cet effet par l’intéressé. 24. Dès lors, en conférant un tel effet suspensif au recours formé contre une décision de justice mettant fin à une mesure privative de liberté y compris lorsqu’il n’émane pas du procureur de la République, magistrat de l’ordre judiciaire, et sans qu’un magistrat du siège, dans la plénitude des pouvoirs que lui reconnaît l’article 66 de la Constitution en tant que gardien de la liberté individuelle, doive se prononcer dans les plus brefs délais sur le bien-fondé de cette suspension de la décision, les dispositions contestées portent une atteinte excessive à la liberté individuelle. Elles méconnaissent ainsi les exigences de l’article 66 de la Constitution. 25. Par conséquent, sans qu’il soit besoin d’examiner les autres griefs, l’article 2 est contraire à la Constitution. - Sur l’article 3 : 26. L’article 3 complète l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’autoriser le relevé des empreintes digitales et la prise de photographies d’un étranger, sans son consentement, lors de son placement en rétention administrative.27. Les députés requérants soutiennent que l’article 3 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.28. Les députés auteurs de la première saisine font en outre valoir que ces dispositions ne seraient pas entourées de garanties suffisantes, faute de limiter le recours à
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CONSTEXT000052086233_12
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CONSTEXT000052086233
| 12 |
ff0c51cd22c47024
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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45 de la Constitution.28. Les députés auteurs de la première saisine font en outre valoir que ces dispositions ne seraient pas entourées de garanties suffisantes, faute de limiter le recours à la contrainte à la démonstration qu’il constitue l’unique moyen d’identification de la personne placée en rétention et, pour les mineurs concernés, de prévoir la présence d’un représentant légal ou d’un adulte approprié. Les députés auteurs de la seconde saisine reprochent par ailleurs à ces dispositions de ne pas être subordonnées à la suspicion de commission d’une infraction. Il en résulterait, selon eux, une méconnaissance de la liberté personnelle.29. Les députés auteurs de la seconde saisine soutiennent en outre que le recueil de données biométriques sans l’accord de l’intéressé méconnaîtrait le droit au respect de la vie privée.. En ce qui concerne la place de l’article 3 dans la loi déférée : 30. En premier lieu, 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 ». Il appartient au Conseil constitutionnel de déclarer contraires à la Constitution les dispositions qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
45 de la Constitution.28. Les députés auteurs de la première saisine font en outre valoir que ces dispositions ne seraient pas entourées de garanties suffisantes, faute de limiter le recours à la contrainte à la démonstration qu’il constitue l’unique moyen d’identification de la personne placée en rétention et, pour les mineurs concernés, de prévoir la présence d’un représentant légal ou d’un adulte approprié. Les députés auteurs de la seconde saisine reprochent par ailleurs à ces dispositions de ne pas être subordonnées à la suspicion de commission d’une infraction. Il en résulterait, selon eux, une méconnaissance de la liberté personnelle.29. Les députés auteurs de la seconde saisine soutiennent en outre que le recueil de données biométriques sans l’accord de l’intéressé méconnaîtrait le droit au respect de la vie privée.. En ce qui concerne la place de l’article 3 dans la loi déférée : 30. En premier lieu, 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 ». Il appartient au Conseil constitutionnel de déclarer contraires à la Constitution les dispositions qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de
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CONSTEXT000052086233_13
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CONSTEXT000052086233
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cc4cdc478fb00a9a
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de l’une au moins des dispositions du texte déposé sur le bureau de la première assemblée saisie. Il ne déclare des dispositions contraires à l’article 45 de la Constitution que si un tel lien, même indirect, ne peut être identifié. Il apprécie l’existence de ce lien après avoir décrit le texte initial puis, pour chacune des dispositions déclarées inconstitutionnelles, les raisons pour lesquelles elle doit être regardée comme dépourvue de lien même indirect avec celui-ci. Dans ce cas, le Conseil constitutionnel ne préjuge pas de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles.31. La loi déférée, qui comporte neuf articles, a pour origine la proposition de loi déposée le 3 février 2025 sur le bureau du Sénat, première assemblée saisie. Cette proposition comportait deux articles.32. Son article 1er étendait le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves. Son article 2 conférait un caractère suspensif à l’appel interjeté contre la décision mettant fin à la rétention administrative de ces mêmes étrangers.33. L’article 3 de la loi déférée autorise, lors d’une décision de placement en rétention administrative d’un étranger, le relevé, sans son consentement,
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de l’une au moins des dispositions du texte déposé sur le bureau de la première assemblée saisie. Il ne déclare des dispositions contraires à l’article 45 de la Constitution que si un tel lien, même indirect, ne peut être identifié. Il apprécie l’existence de ce lien après avoir décrit le texte initial puis, pour chacune des dispositions déclarées inconstitutionnelles, les raisons pour lesquelles elle doit être regardée comme dépourvue de lien même indirect avec celui-ci. Dans ce cas, le Conseil constitutionnel ne préjuge pas de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles.31. La loi déférée, qui comporte neuf articles, a pour origine la proposition de loi déposée le 3 février 2025 sur le bureau du Sénat, première assemblée saisie. Cette proposition comportait deux articles.32. Son article 1er étendait le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves. Son article 2 conférait un caractère suspensif à l’appel interjeté contre la décision mettant fin à la rétention administrative de ces mêmes étrangers.33. L’article 3 de la loi déférée autorise, lors d’une décision de placement en rétention administrative d’un étranger, le relevé, sans son consentement,
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CONSTEXT000052086233_14
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CONSTEXT000052086233
| 14 |
2724b2177098a55f
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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administrative de ces mêmes étrangers.33. L’article 3 de la loi déférée autorise, lors d’une décision de placement en rétention administrative d’un étranger, le relevé, sans son consentement, de ses empreintes digitales et la prise de photographies. 34. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale visant à étendre le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves.35. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.36. Il en résulte que l’article 3 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne le grief tiré de la méconnaissance de la liberté personnelle :37. Il résulte des articles 2, 4 et 9 de la Déclaration de 1789 le principe selon lequel la liberté personnelle ne saurait être entravée par une rigueur qui ne soit nécessaire.38. Aux termes de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, la décision de placement en rétention est prise par l’autorité administrative, après l’interpellation de l’étranger ou, le cas échéant, lors de sa retenue aux fins de vérification de son droit de circulation ou de séjour, à l’expiration de sa garde à vue, ou à l’issue de sa période d’incarcération en cas de détention.39. En
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
administrative de ces mêmes étrangers.33. L’article 3 de la loi déférée autorise, lors d’une décision de placement en rétention administrative d’un étranger, le relevé, sans son consentement, de ses empreintes digitales et la prise de photographies. 34. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale visant à étendre le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves.35. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.36. Il en résulte que l’article 3 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne le grief tiré de la méconnaissance de la liberté personnelle :37. Il résulte des articles 2, 4 et 9 de la Déclaration de 1789 le principe selon lequel la liberté personnelle ne saurait être entravée par une rigueur qui ne soit nécessaire.38. Aux termes de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, la décision de placement en rétention est prise par l’autorité administrative, après l’interpellation de l’étranger ou, le cas échéant, lors de sa retenue aux fins de vérification de son droit de circulation ou de séjour, à l’expiration de sa garde à vue, ou à l’issue de sa période d’incarcération en cas de détention.39. En
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CONSTEXT000052086233_15
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CONSTEXT000052086233
| 15 |
d113439bd863e133
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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échéant, lors de sa retenue aux fins de vérification de son droit de circulation ou de séjour, à l’expiration de sa garde à vue, ou à l’issue de sa période d’incarcération en cas de détention.39. En application des dispositions contestées, lorsqu’un étranger faisant l’objet d’une décision de placement en rétention administrative refuse qu’il soit procédé au relevé de ses empreintes digitales et à la prise de photographies, ces opérations peuvent, sous certaines conditions, être effectuées sans son consentement.40. En premier lieu, en adoptant ces dispositions, le législateur a entendu faciliter l’identification des étrangers faisant l’objet d’une décision de placement en rétention administrative. Il a ainsi poursuivi l’objectif de lutte contre l’immigration irrégulière, qui participe de la sauvegarde de l’ordre public, objectif de valeur constitutionnelle.41. En deuxième lieu, il ne peut être procédé au relevé d’empreintes et à la prise de photographies sans le consentement de l’intéressé que sur autorisation du procureur de la République, qui doit être saisi d’une demande motivée par l’officier de police judiciaire. Cette autorisation, qui doit figurer dans le procès-verbal, ne peut être délivrée par ce magistrat que si ces opérations constituent l’unique moyen d’identifier avec certitude un étranger faisant l’objet d’une décision de placement en rétention.42. En troisième lieu, l’officier de police judiciaire ou, sous son contrôle, l’agent de police judiciaire ne peut
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
échéant, lors de sa retenue aux fins de vérification de son droit de circulation ou de séjour, à l’expiration de sa garde à vue, ou à l’issue de sa période d’incarcération en cas de détention.39. En application des dispositions contestées, lorsqu’un étranger faisant l’objet d’une décision de placement en rétention administrative refuse qu’il soit procédé au relevé de ses empreintes digitales et à la prise de photographies, ces opérations peuvent, sous certaines conditions, être effectuées sans son consentement.40. En premier lieu, en adoptant ces dispositions, le législateur a entendu faciliter l’identification des étrangers faisant l’objet d’une décision de placement en rétention administrative. Il a ainsi poursuivi l’objectif de lutte contre l’immigration irrégulière, qui participe de la sauvegarde de l’ordre public, objectif de valeur constitutionnelle.41. En deuxième lieu, il ne peut être procédé au relevé d’empreintes et à la prise de photographies sans le consentement de l’intéressé que sur autorisation du procureur de la République, qui doit être saisi d’une demande motivée par l’officier de police judiciaire. Cette autorisation, qui doit figurer dans le procès-verbal, ne peut être délivrée par ce magistrat que si ces opérations constituent l’unique moyen d’identifier avec certitude un étranger faisant l’objet d’une décision de placement en rétention.42. En troisième lieu, l’officier de police judiciaire ou, sous son contrôle, l’agent de police judiciaire ne peut
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CONSTEXT000052086233_16
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CONSTEXT000052086233
| 16 |
a8f35de2b713dc36
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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avec certitude un étranger faisant l’objet d’une décision de placement en rétention.42. En troisième lieu, l’officier de police judiciaire ou, sous son contrôle, l’agent de police judiciaire ne peut recourir à la contrainte que de manière strictement proportionnée, en tenant compte, le cas échéant, de la vulnérabilité de la personne. En outre, ces opérations ne peuvent avoir lieu qu’en présence de son avocat.43. En dernier lieu, aux termes de l’article L. 741-5 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’étranger mineur de dix-huit ans ne peut faire l’objet d’une décision de placement en rétention. Dès lors, les dispositions contestées n’ont ni pour objet ni pour effet de permettre le recours à la contrainte pour effectuer le relevé des empreintes digitales et la prise de photographies d’un étranger mineur, y compris si celui-ci accompagne un majeur placé en rétention.44. Il résulte de tout ce qui précède que le législateur a assuré une conciliation qui n’est pas manifestement déséquilibrée entre, d’une part, l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et, d’autre part, la liberté personnelle. Le grief tiré de la méconnaissance de cette liberté doit donc être écarté.45. Par conséquent, le dernier alinéa de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
avec certitude un étranger faisant l’objet d’une décision de placement en rétention.42. En troisième lieu, l’officier de police judiciaire ou, sous son contrôle, l’agent de police judiciaire ne peut recourir à la contrainte que de manière strictement proportionnée, en tenant compte, le cas échéant, de la vulnérabilité de la personne. En outre, ces opérations ne peuvent avoir lieu qu’en présence de son avocat.43. En dernier lieu, aux termes de l’article L. 741-5 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’étranger mineur de dix-huit ans ne peut faire l’objet d’une décision de placement en rétention. Dès lors, les dispositions contestées n’ont ni pour objet ni pour effet de permettre le recours à la contrainte pour effectuer le relevé des empreintes digitales et la prise de photographies d’un étranger mineur, y compris si celui-ci accompagne un majeur placé en rétention.44. Il résulte de tout ce qui précède que le législateur a assuré une conciliation qui n’est pas manifestement déséquilibrée entre, d’une part, l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et, d’autre part, la liberté personnelle. Le grief tiré de la méconnaissance de cette liberté doit donc être écarté.45. Par conséquent, le dernier alinéa de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la
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CONSTEXT000052086233_17
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CONSTEXT000052086233
| 17 |
c21a6927d57d8134
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur le reste des dispositions de l’article 4 : 46. Les 1° et 2° de l’article 4 modifient l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile et abrogent l’article L. 742-5 du même code afin d’assouplir les conditions permettant au magistrat du siège du tribunal judiciaire de porter la durée de la rétention administrative d’un étranger à quatre-vingt-dix jours. 47. Les députés auteurs de la seconde saisine font valoir que ces dispositions porteraient une atteinte disproportionnée au « principe de sûreté » et à la liberté individuelle. 48. Il en résulterait, en outre, une méconnaissance du principe de sauvegarde de la dignité de la personne humaine.49. Le placement en rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être entravée par une rigueur qui ne soit pas nécessaire. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public nécessaire à la sauvegarde de droits et principes à valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur le reste des dispositions de l’article 4 : 46. Les 1° et 2° de l’article 4 modifient l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile et abrogent l’article L. 742-5 du même code afin d’assouplir les conditions permettant au magistrat du siège du tribunal judiciaire de porter la durée de la rétention administrative d’un étranger à quatre-vingt-dix jours. 47. Les députés auteurs de la seconde saisine font valoir que ces dispositions porteraient une atteinte disproportionnée au « principe de sûreté » et à la liberté individuelle. 48. Il en résulterait, en outre, une méconnaissance du principe de sauvegarde de la dignité de la personne humaine.49. Le placement en rétention d’un étranger qui ne peut quitter immédiatement le territoire doit respecter le principe, résultant de l’article 66 de la Constitution, selon lequel la liberté individuelle ne saurait être entravée par une rigueur qui ne soit pas nécessaire. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public nécessaire à la sauvegarde de droits et principes à valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle
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CONSTEXT000052086233_18
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CONSTEXT000052086233
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eb55281f287e9a3e
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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à la sauvegarde de droits et principes à valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle dont l’article 66 de la Constitution confie la protection à l’autorité judiciaire. Les atteintes portées à l’exercice de ces libertés doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.50. Le Préambule de la Constitution de 1946 a réaffirmé que tout être humain, sans distinction de race, de religion ni de croyance, possède des droits inaliénables et sacrés. La sauvegarde de la dignité de la personne contre toute forme d’asservissement et de dégradation est au nombre de ces droits et constitue un principe à valeur constitutionnelle.51. L’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile prévoit qu’après une première prolongation de la rétention administrative ayant porté sa durée à trente jours, le magistrat du siège du tribunal judiciaire peut à nouveau être saisi aux fins de prolongation du maintien en rétention, en cas d’urgence absolue ou de menace pour l’ordre public ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs. Dans ce cas, la durée de cette prolongation ne peut excéder trente jours, ce qui porte à soixante jours la durée maximale de la rétention. 52. L’article L. 742-5 du même code prévoit qu’à titre exceptionnel, au terme de la période de soixante jours, ce magistrat peut ordonner
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
à la sauvegarde de droits et principes à valeur constitutionnelle et, d’autre part, l’exercice des libertés constitutionnellement garanties. Au nombre de celles-ci figure la liberté individuelle dont l’article 66 de la Constitution confie la protection à l’autorité judiciaire. Les atteintes portées à l’exercice de ces libertés doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.50. Le Préambule de la Constitution de 1946 a réaffirmé que tout être humain, sans distinction de race, de religion ni de croyance, possède des droits inaliénables et sacrés. La sauvegarde de la dignité de la personne contre toute forme d’asservissement et de dégradation est au nombre de ces droits et constitue un principe à valeur constitutionnelle.51. L’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile prévoit qu’après une première prolongation de la rétention administrative ayant porté sa durée à trente jours, le magistrat du siège du tribunal judiciaire peut à nouveau être saisi aux fins de prolongation du maintien en rétention, en cas d’urgence absolue ou de menace pour l’ordre public ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs. Dans ce cas, la durée de cette prolongation ne peut excéder trente jours, ce qui porte à soixante jours la durée maximale de la rétention. 52. L’article L. 742-5 du même code prévoit qu’à titre exceptionnel, au terme de la période de soixante jours, ce magistrat peut ordonner
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CONSTEXT000052086233_20
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CONSTEXT000052086233
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572c343820c11e5c
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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nouvelle prolongation de trente jours se substitue à celle de quinze jours, renouvelable une fois, prévue par l’article L. 742-5.54. En premier lieu, en adoptant ces dispositions, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et l’objectif de lutte contre l’immigration irrégulière, qui participe de cet objectif.55. En deuxième lieu, d’une part, en vertu de l’article L. 741-3 du code de l’entrée et du séjour des étrangers et du droit d’asile, un étranger ne peut être maintenu en rétention que pour le temps strictement nécessaire à son départ, l’administration devant exercer toute diligence à cet effet.56. D’autre part, l’allongement de la durée de rétention au-delà de soixante jours prévue par les dispositions contestées ne peut être prononcé qu’en cas d’urgence absolue ou de menace pour l’ordre public, ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs tenant notamment à la perte ou à la destruction des documents de voyage de l’intéressé, à la dissimulation par celui-ci de son identité ou à l’obstruction volontaire faite à son éloignement. 57. En troisième lieu, la nouvelle prolongation de la rétention au-delà de soixante jours ne peut être ordonnée que par le juge judiciaire, dans les conditions définies par la loi.58. En dernier lieu, sauf à méconnaître les exigences découlant de l’article 66 de la Constitution, l’autorité judiciaire conserve la possibilité d’interrompre à tout moment la
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
nouvelle prolongation de trente jours se substitue à celle de quinze jours, renouvelable une fois, prévue par l’article L. 742-5.54. En premier lieu, en adoptant ces dispositions, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et l’objectif de lutte contre l’immigration irrégulière, qui participe de cet objectif.55. En deuxième lieu, d’une part, en vertu de l’article L. 741-3 du code de l’entrée et du séjour des étrangers et du droit d’asile, un étranger ne peut être maintenu en rétention que pour le temps strictement nécessaire à son départ, l’administration devant exercer toute diligence à cet effet.56. D’autre part, l’allongement de la durée de rétention au-delà de soixante jours prévue par les dispositions contestées ne peut être prononcé qu’en cas d’urgence absolue ou de menace pour l’ordre public, ou lorsque la décision d’éloignement n’a pu être exécutée pour certains motifs tenant notamment à la perte ou à la destruction des documents de voyage de l’intéressé, à la dissimulation par celui-ci de son identité ou à l’obstruction volontaire faite à son éloignement. 57. En troisième lieu, la nouvelle prolongation de la rétention au-delà de soixante jours ne peut être ordonnée que par le juge judiciaire, dans les conditions définies par la loi.58. En dernier lieu, sauf à méconnaître les exigences découlant de l’article 66 de la Constitution, l’autorité judiciaire conserve la possibilité d’interrompre à tout moment la
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CONSTEXT000052086233_21
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CONSTEXT000052086233
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4214d20e5b56cd8d
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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définies par la loi.58. En dernier lieu, sauf à méconnaître les exigences découlant de l’article 66 de la Constitution, l’autorité judiciaire conserve la possibilité d’interrompre à tout moment la prolongation du maintien en rétention, de sa propre initiative ou à la demande de l’étranger, lorsque les circonstances de droit ou de fait le justifient.59. Sous la réserve énoncée au paragraphe précédent, l’atteinte à la liberté individuelle résultant de la prolongation de trente jours au-delà d’une période de soixante jours de rétention administrative est adaptée, nécessaire et proportionnée à l’objectif de prévention des atteintes à l’ordre public poursuivi par le législateur. Le grief tiré de la méconnaissance de la liberté individuelle doit donc être écarté.60. Il résulte de ce qui précède que le 2° de l’article 4 de la loi déférée ainsi que, sous la réserve énoncée au paragraphe 58, le dernier alinéa de l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent pas non plus le principe de sauvegarde de la dignité de la personne humaine, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur l’article 5 :61. L’article 5 modifie notamment l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile afin de permettre à l’autorité administrative, sous certaines conditions, de placer en rétention un étranger demandeur d’asile en cas de menace à l’ordre public ou de risque de
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
définies par la loi.58. En dernier lieu, sauf à méconnaître les exigences découlant de l’article 66 de la Constitution, l’autorité judiciaire conserve la possibilité d’interrompre à tout moment la prolongation du maintien en rétention, de sa propre initiative ou à la demande de l’étranger, lorsque les circonstances de droit ou de fait le justifient.59. Sous la réserve énoncée au paragraphe précédent, l’atteinte à la liberté individuelle résultant de la prolongation de trente jours au-delà d’une période de soixante jours de rétention administrative est adaptée, nécessaire et proportionnée à l’objectif de prévention des atteintes à l’ordre public poursuivi par le législateur. Le grief tiré de la méconnaissance de la liberté individuelle doit donc être écarté.60. Il résulte de ce qui précède que le 2° de l’article 4 de la loi déférée ainsi que, sous la réserve énoncée au paragraphe 58, le dernier alinéa de l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent pas non plus le principe de sauvegarde de la dignité de la personne humaine, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur l’article 5 :61. L’article 5 modifie notamment l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile afin de permettre à l’autorité administrative, sous certaines conditions, de placer en rétention un étranger demandeur d’asile en cas de menace à l’ordre public ou de risque de
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CONSTEXT000052086233_22
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CONSTEXT000052086233
| 22 |
5de4ed8327a45f24
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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et du droit d’asile afin de permettre à l’autorité administrative, sous certaines conditions, de placer en rétention un étranger demandeur d’asile en cas de menace à l’ordre public ou de risque de fuite.62. Les députés auteurs de la première saisine soutiennent que l’article 5 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution. 63. Les députés requérants reprochent en outre à ces dispositions d’autoriser le placement en rétention d’un demandeur d’asile en dehors de toute mesure d’éloignement et de ne pas suffisamment définir les critères permettant à l’administration de recourir à un tel placement motivé par une menace à l’ordre public ou par un risque de fuite. Il en résulterait, selon eux, une méconnaissance des exigences de l’article 66 de la Constitution.. En ce qui concerne la place de l’article 5 dans la loi déférée :64. Introduites en première lecture, les dispositions de l’article 5 ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale visant à étendre le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves. 65. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.66. Il en résulte que l’article 5 a été adopté selon une procédure conforme à la
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
et du droit d’asile afin de permettre à l’autorité administrative, sous certaines conditions, de placer en rétention un étranger demandeur d’asile en cas de menace à l’ordre public ou de risque de fuite.62. Les députés auteurs de la première saisine soutiennent que l’article 5 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution. 63. Les députés requérants reprochent en outre à ces dispositions d’autoriser le placement en rétention d’un demandeur d’asile en dehors de toute mesure d’éloignement et de ne pas suffisamment définir les critères permettant à l’administration de recourir à un tel placement motivé par une menace à l’ordre public ou par un risque de fuite. Il en résulterait, selon eux, une méconnaissance des exigences de l’article 66 de la Constitution.. En ce qui concerne la place de l’article 5 dans la loi déférée :64. Introduites en première lecture, les dispositions de l’article 5 ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale visant à étendre le régime dérogatoire de rétention administrative aux étrangers faisant l’objet d’une condamnation pénale au titre de certaines infractions graves. 65. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.66. Il en résulte que l’article 5 a été adopté selon une procédure conforme à la
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CONSTEXT000052086233_23
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CONSTEXT000052086233
| 23 |
2ba71e78fb0358b7
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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65. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.66. Il en résulte que l’article 5 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne le grief tiré de la méconnaissance de l’article 66 de la Constitution : 67. Aucun principe non plus qu’aucune règle de valeur constitutionnelle n’assure aux étrangers des droits de caractère général et absolu d’accès et de séjour sur le territoire national. Les conditions de leur entrée et de leur séjour peuvent être restreintes par des mesures de police administrative conférant à l’autorité publique des pouvoirs étendus et reposant sur des règles spécifiques. Il appartient au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public et, d’autre part, le respect des droits et libertés reconnus à toutes les personnes qui résident sur le territoire de la République. Parmi ces droits et libertés figure la liberté individuelle, protégée par l’article 66 de la Constitution, qui ne saurait être entravée par une rigueur non nécessaire. Les atteintes portées à l’exercice de cette liberté doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.68. Selon l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’autorité administrative peut placer sous assignation à résidence le demandeur d’asile dont le comportement constitue une menace à l’ordre public. Elle peut
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
65. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté.66. Il en résulte que l’article 5 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne le grief tiré de la méconnaissance de l’article 66 de la Constitution : 67. Aucun principe non plus qu’aucune règle de valeur constitutionnelle n’assure aux étrangers des droits de caractère général et absolu d’accès et de séjour sur le territoire national. Les conditions de leur entrée et de leur séjour peuvent être restreintes par des mesures de police administrative conférant à l’autorité publique des pouvoirs étendus et reposant sur des règles spécifiques. Il appartient au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public et, d’autre part, le respect des droits et libertés reconnus à toutes les personnes qui résident sur le territoire de la République. Parmi ces droits et libertés figure la liberté individuelle, protégée par l’article 66 de la Constitution, qui ne saurait être entravée par une rigueur non nécessaire. Les atteintes portées à l’exercice de cette liberté doivent être adaptées, nécessaires et proportionnées aux objectifs poursuivis.68. Selon l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, l’autorité administrative peut placer sous assignation à résidence le demandeur d’asile dont le comportement constitue une menace à l’ordre public. Elle peut
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CONSTEXT000052086233_24
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CONSTEXT000052086233
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d33d5d0f9ac3526d
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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séjour des étrangers et du droit d’asile, l’autorité administrative peut placer sous assignation à résidence le demandeur d’asile dont le comportement constitue une menace à l’ordre public. Elle peut également assigner à résidence, en cas de risque de fuite et afin de déterminer les éléments sur lesquels se fonde la demande d’asile, l’étranger en situation irrégulière qui présente une demande d’asile à une autorité autre que celle mentionnée à l’article L. 521-1 du même code.69. En application des dispositions contestées, l’autorité administrative peut également, dans ces deux cas, sous certaines conditions, placer la personne en rétention.70. En premier lieu, il ressort des travaux préparatoires qu’en rétablissant une telle possibilité de placer en rétention un demandeur d’asile, à la suite de la décision du Conseil constitutionnel du 23 mai 2025 mentionnée ci-dessus, le législateur a entendu notamment éviter que des étrangers en situation irrégulière se prévalent du droit d’asile dans le seul but de faire obstacle à leur éloignement du territoire national. Il a ainsi poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et celui de lutte contre l’immigration irrégulière, qui participe de cet objectif.71. En deuxième lieu, d’une part, le placement en rétention d’un demandeur d’asile qui n’est titulaire d’aucun document de séjour en cours de validité et dont le comportement constitue une menace à l’ordre public ne peut être décidé, sur le fondement
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
séjour des étrangers et du droit d’asile, l’autorité administrative peut placer sous assignation à résidence le demandeur d’asile dont le comportement constitue une menace à l’ordre public. Elle peut également assigner à résidence, en cas de risque de fuite et afin de déterminer les éléments sur lesquels se fonde la demande d’asile, l’étranger en situation irrégulière qui présente une demande d’asile à une autorité autre que celle mentionnée à l’article L. 521-1 du même code.69. En application des dispositions contestées, l’autorité administrative peut également, dans ces deux cas, sous certaines conditions, placer la personne en rétention.70. En premier lieu, il ressort des travaux préparatoires qu’en rétablissant une telle possibilité de placer en rétention un demandeur d’asile, à la suite de la décision du Conseil constitutionnel du 23 mai 2025 mentionnée ci-dessus, le législateur a entendu notamment éviter que des étrangers en situation irrégulière se prévalent du droit d’asile dans le seul but de faire obstacle à leur éloignement du territoire national. Il a ainsi poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public et celui de lutte contre l’immigration irrégulière, qui participe de cet objectif.71. En deuxième lieu, d’une part, le placement en rétention d’un demandeur d’asile qui n’est titulaire d’aucun document de séjour en cours de validité et dont le comportement constitue une menace à l’ordre public ne peut être décidé, sur le fondement
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CONSTEXT000052086233_25
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CONSTEXT000052086233
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33a5ce40cb066b0a
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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d’un demandeur d’asile qui n’est titulaire d’aucun document de séjour en cours de validité et dont le comportement constitue une menace à l’ordre public ne peut être décidé, sur le fondement des dispositions contestées, qu’au regard de la gravité et de l’actualité de la menace et sur la base d’une appréciation au cas par cas. Sauf à méconnaître les exigences constitutionnelles précitées, ces dispositions doivent être interprétées comme imposant à l’autorité administrative, sous le contrôle du juge, de caractériser une menace réelle, actuelle et suffisamment grave à l’ordre public pour justifier une privation de liberté.72. D’autre part, le placement en rétention, lorsqu’il est motivé par un risque de fuite du demandeur d’asile, ne peut intervenir qu’en cas de risque établi de fuite et afin de déterminer les éléments sur lesquels se fonde la demande d’asile. Si l’article L. 523-2 du code de l’entrée et du séjour des étrangers et du droit d’asile prévoit que ce risque peut être regardé comme établi dans certaines situations, il appartient à l’administration, en vertu des dispositions contestées, de caractériser un tel risque, sous le contrôle du juge, sur la base d’une appréciation au cas par cas. À ce titre, elle doit prendre en compte le comportement de l’intéressé, sa situation personnelle et familiale ainsi que ses garanties de représentation.73. En dernier lieu, d’une part, le placement en rétention ne peut intervenir qu’en dernier ressort, si une mesure d’assignation à
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
d’un demandeur d’asile qui n’est titulaire d’aucun document de séjour en cours de validité et dont le comportement constitue une menace à l’ordre public ne peut être décidé, sur le fondement des dispositions contestées, qu’au regard de la gravité et de l’actualité de la menace et sur la base d’une appréciation au cas par cas. Sauf à méconnaître les exigences constitutionnelles précitées, ces dispositions doivent être interprétées comme imposant à l’autorité administrative, sous le contrôle du juge, de caractériser une menace réelle, actuelle et suffisamment grave à l’ordre public pour justifier une privation de liberté.72. D’autre part, le placement en rétention, lorsqu’il est motivé par un risque de fuite du demandeur d’asile, ne peut intervenir qu’en cas de risque établi de fuite et afin de déterminer les éléments sur lesquels se fonde la demande d’asile. Si l’article L. 523-2 du code de l’entrée et du séjour des étrangers et du droit d’asile prévoit que ce risque peut être regardé comme établi dans certaines situations, il appartient à l’administration, en vertu des dispositions contestées, de caractériser un tel risque, sous le contrôle du juge, sur la base d’une appréciation au cas par cas. À ce titre, elle doit prendre en compte le comportement de l’intéressé, sa situation personnelle et familiale ainsi que ses garanties de représentation.73. En dernier lieu, d’une part, le placement en rétention ne peut intervenir qu’en dernier ressort, si une mesure d’assignation à
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CONSTEXT000052086233_26
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CONSTEXT000052086233
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2641322086215c06
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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personnelle et familiale ainsi que ses garanties de représentation.73. En dernier lieu, d’une part, le placement en rétention ne peut intervenir qu’en dernier ressort, si une mesure d’assignation à résidence n’est pas suffisante, et doit être proportionné à la menace ou au risque qui le justifie.74. D’autre part, l’étranger ne peut être placé ou maintenu en rétention que pour le temps strictement nécessaire à l’examen de sa demande d’asile, qui est en principe examinée selon la procédure accélérée. En tout état de cause, la mesure de rétention, qui ne peut être prolongée au-delà de quarante-huit heures qu’avec l’accord du juge judiciaire, ne peut dépasser une durée de trente jours, prolongée, en cas de rejet ou d’irrecevabilité de la demande d’asile, de vingt-quatre heures pour l’examen du droit de séjour de la personne et, le cas échéant, le prononcé, la notification et l’exécution d’une décision d’éloignement.75. Il résulte de tout ce qui précède que, sous la réserve énoncée au paragraphe 71, l’atteinte portée à la liberté individuelle doit être regardée comme nécessaire, adaptée et proportionnée à l’objectif poursuivi par le législateur.76. Par conséquent, sous cette même réserve, la deuxième phrase du premier alinéa et la seconde phrase du second alinéa de l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :77.
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
personnelle et familiale ainsi que ses garanties de représentation.73. En dernier lieu, d’une part, le placement en rétention ne peut intervenir qu’en dernier ressort, si une mesure d’assignation à résidence n’est pas suffisante, et doit être proportionné à la menace ou au risque qui le justifie.74. D’autre part, l’étranger ne peut être placé ou maintenu en rétention que pour le temps strictement nécessaire à l’examen de sa demande d’asile, qui est en principe examinée selon la procédure accélérée. En tout état de cause, la mesure de rétention, qui ne peut être prolongée au-delà de quarante-huit heures qu’avec l’accord du juge judiciaire, ne peut dépasser une durée de trente jours, prolongée, en cas de rejet ou d’irrecevabilité de la demande d’asile, de vingt-quatre heures pour l’examen du droit de séjour de la personne et, le cas échéant, le prononcé, la notification et l’exécution d’une décision d’éloignement.75. Il résulte de tout ce qui précède que, sous la réserve énoncée au paragraphe 71, l’atteinte portée à la liberté individuelle doit être regardée comme nécessaire, adaptée et proportionnée à l’objectif poursuivi par le législateur.76. Par conséquent, sous cette même réserve, la deuxième phrase du premier alinéa et la seconde phrase du second alinéa de l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :77.
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CONSTEXT000052086233_27
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CONSTEXT000052086233
| 27 |
4fcd54a3abba8f15
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :77. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :77. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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CONSTEXT000052086233_28
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CONSTEXT000052086233
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b9add99df0923115
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive :- l’article 1er ;- l’article 2 ;- le 3° de l’article 4. Article 2. - Sous les réserves énoncées ci-dessous, sont conformes à la Constitution les dispositions suivantes :- au paragraphe 58, le dernier alinéa de l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 4 de la loi déférée ; - au paragraphe 71, la deuxième phrase du premier alinéa et la seconde phrase du second alinéa de l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 5 de la loi déférée. Article 3. - Sont conformes à la Constitution les dispositions suivantes :- le dernier alinéa de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 3 de la loi déférée ; - le 2° de l’article 4 de la loi déférée. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive :- l’article 1er ;- l’article 2 ;- le 3° de l’article 4. Article 2. - Sous les réserves énoncées ci-dessous, sont conformes à la Constitution les dispositions suivantes :- au paragraphe 58, le dernier alinéa de l’article L. 742-4 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 4 de la loi déférée ; - au paragraphe 71, la deuxième phrase du premier alinéa et la seconde phrase du second alinéa de l’article L. 523-1 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 5 de la loi déférée. Article 3. - Sont conformes à la Constitution les dispositions suivantes :- le dernier alinéa de l’article L. 741-6 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 3 de la loi déférée ; - le 2° de l’article 4 de la loi déférée. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
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CONSTEXT000052086233_29
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CONSTEXT000052086233
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16eaa0b8f8964ad2
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DC
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Non conformité partielle - réserve
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
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2025-895
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2025-08-07
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Jugé par le Conseil constitutionnel dans sa séance du 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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Loi visant à faciliter le maintien en rétention des personnes condamnées pour des faits d’une particulière gravité et présentant de forts risques de récidive
Jugé par le Conseil constitutionnel dans sa séance du 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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CONSTEXT000052086215_0
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CONSTEXT000052086215
| 0 |
e975f51d21f6311b
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 11 juin 2025 par le Conseil d’État (décision nos 499596 et 499597 du 5 juin 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour les sociétés Cosmospace et autre par la SAS Zribi et Texier, avocat au Conseil d’État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1154 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l’article 22 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés.
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 11 juin 2025 par le Conseil d’État (décision nos 499596 et 499597 du 5 juin 2025), dans les conditions prévues à l’article 61-1 de la Constitution, d’une question prioritaire de constitutionnalité. Cette question a été posée pour les sociétés Cosmospace et autre par la SAS Zribi et Texier, avocat au Conseil d’État et à la Cour de cassation. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-1154 QPC. Elle est relative à la conformité aux droits et libertés que la Constitution garantit de l’article 22 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés.
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CONSTEXT000052086215_1
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CONSTEXT000052086215
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606cd00c1e8dd890
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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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 règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général sur la protection des données) ;- la loi organique n° 2017-54 du 20 janvier 2017 relative aux autorités administratives indépendantes et autorités publiques indépendantes ;- la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés ;- la loi n° 2024-449 du 21 mai 2024 visant à sécuriser et réguler l’espace numérique ;- 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 la Commission nationale de l’informatique et des libertés, partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, enregistrées le 24 juin 2025 ;- les observations présentées par le Premier ministre, enregistrées le 1er juillet 2025 ;- les observations présentées pour les sociétés requérantes par la SAS Zribi et Texier, enregistrées le 2 juillet 2025 ; - les observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, avocat
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
Au vu des textes suivants :- la Constitution ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le règlement (UE) 2016/679 du Parlement européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général sur la protection des données) ;- la loi organique n° 2017-54 du 20 janvier 2017 relative aux autorités administratives indépendantes et autorités publiques indépendantes ;- la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés ;- la loi n° 2024-449 du 21 mai 2024 visant à sécuriser et réguler l’espace numérique ;- 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 la Commission nationale de l’informatique et des libertés, partie au litige à l’occasion duquel la question prioritaire de constitutionnalité a été posée, enregistrées le 24 juin 2025 ;- les observations présentées par le Premier ministre, enregistrées le 1er juillet 2025 ;- les observations présentées pour les sociétés requérantes par la SAS Zribi et Texier, enregistrées le 2 juillet 2025 ; - les observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, avocat
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CONSTEXT000052086215_2
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CONSTEXT000052086215
| 2 |
70ac68f1c84920ad
|
QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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sociétés requérantes par la SAS Zribi et Texier, enregistrées le 2 juillet 2025 ; - les observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, enregistrées le 16 juillet 2025 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Stéphane-Laurent Texier, avocat au Conseil d’État et à la Cour de cassation, pour les sociétés requérantes, Me Patrice Spinosi, avocat au Conseil d’État et à la Cour de cassation, pour la société Eurotitrisation et autres, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 29 juillet 2025 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
sociétés requérantes par la SAS Zribi et Texier, enregistrées le 2 juillet 2025 ; - les observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, avocat au Conseil d’État et à la Cour de cassation, enregistrées le même jour ;- les secondes observations en intervention présentées pour la société Eurotitrisation et autres par la SCP Spinosi, enregistrées le 16 juillet 2025 ; - les autres pièces produites et jointes au dossier ;Après avoir entendu Me Stéphane-Laurent Texier, avocat au Conseil d’État et à la Cour de cassation, pour les sociétés requérantes, Me Patrice Spinosi, avocat au Conseil d’État et à la Cour de cassation, pour la société Eurotitrisation et autres, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 29 juillet 2025 ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086215_3
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CONSTEXT000052086215
| 3 |
2a0e0cef887ae6ec
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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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 22 de la loi du 6 janvier 1978 mentionnée ci-dessus dans sa rédaction résultant de la loi du 21 mai 2024 mentionnée ci-dessus.2. L’article 22 de la loi du 6 janvier 1978, dans cette rédaction, prévoit :« Les mesures prévues aux IV et V de l’article 20 et aux 1° à 7° du I de l’article 21 de la présente loi sont prononcées sur la base d’un rapport établi par l’un des membres de la Commission nationale de l’informatique et des libertés, désigné par le président de celle-ci parmi les membres n’appartenant pas à la formation restreinte. Ce rapport est notifié au responsable de traitement ou à son sous-traitant, qui peut déposer des observations et se faire représenter ou assister. Le rapporteur peut présenter des observations orales à la formation restreinte mais ne prend pas part à ses délibérations. La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information, y compris les agents des services de la commission.« La formation restreinte peut rendre publiques les mesures qu’elle prend. Elle peut également ordonner leur insertion dans des publications, journaux et supports qu’elle désigne, aux frais des personnes sanctionnées.« Sans préjudice des obligations d’information qui incombent au
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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 22 de la loi du 6 janvier 1978 mentionnée ci-dessus dans sa rédaction résultant de la loi du 21 mai 2024 mentionnée ci-dessus.2. L’article 22 de la loi du 6 janvier 1978, dans cette rédaction, prévoit :« Les mesures prévues aux IV et V de l’article 20 et aux 1° à 7° du I de l’article 21 de la présente loi sont prononcées sur la base d’un rapport établi par l’un des membres de la Commission nationale de l’informatique et des libertés, désigné par le président de celle-ci parmi les membres n’appartenant pas à la formation restreinte. Ce rapport est notifié au responsable de traitement ou à son sous-traitant, qui peut déposer des observations et se faire représenter ou assister. Le rapporteur peut présenter des observations orales à la formation restreinte mais ne prend pas part à ses délibérations. La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information, y compris les agents des services de la commission.« La formation restreinte peut rendre publiques les mesures qu’elle prend. Elle peut également ordonner leur insertion dans des publications, journaux et supports qu’elle désigne, aux frais des personnes sanctionnées.« Sans préjudice des obligations d’information qui incombent au
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CONSTEXT000052086215_10
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CONSTEXT000052086215
| 10 |
c3fd44dd593f44cc
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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de cette déclaration. Ces mêmes dispositions réservent également au Conseil constitutionnel le pouvoir de s’opposer à l’engagement de la responsabilité de l’État du fait des dispositions déclarées inconstitutionnelles ou d’en déterminer les conditions ou limites particulières.17. En l’espèce, d’une part, l’abrogation immédiate des dispositions déclarées inconstitutionnelles aurait pour effet de priver la personne mise en cause de la possibilité de présenter des observations devant la formation restreinte. Elle entraînerait ainsi des conséquences manifestement excessives. Par suite, il y a lieu de reporter au 1er octobre 2026 la date de l’abrogation des dispositions contestées. 18. D’autre part, les mesures prises avant la publication de la présente décision ne peuvent être contestées sur le fondement de cette inconstitutionnalité.19. En revanche, afin de faire cesser l’inconstitutionnalité constatée à compter de la publication de la présente décision, il y a lieu de juger que, jusqu’à l’entrée en vigueur d’une nouvelle loi ou jusqu’à la date de l’abrogation de ces dispositions, la personne mise en cause devant la formation restreinte doit se voir notifier son droit de se taire.
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
de cette déclaration. Ces mêmes dispositions réservent également au Conseil constitutionnel le pouvoir de s’opposer à l’engagement de la responsabilité de l’État du fait des dispositions déclarées inconstitutionnelles ou d’en déterminer les conditions ou limites particulières.17. En l’espèce, d’une part, l’abrogation immédiate des dispositions déclarées inconstitutionnelles aurait pour effet de priver la personne mise en cause de la possibilité de présenter des observations devant la formation restreinte. Elle entraînerait ainsi des conséquences manifestement excessives. Par suite, il y a lieu de reporter au 1er octobre 2026 la date de l’abrogation des dispositions contestées. 18. D’autre part, les mesures prises avant la publication de la présente décision ne peuvent être contestées sur le fondement de cette inconstitutionnalité.19. En revanche, afin de faire cesser l’inconstitutionnalité constatée à compter de la publication de la présente décision, il y a lieu de juger que, jusqu’à l’entrée en vigueur d’une nouvelle loi ou jusqu’à la date de l’abrogation de ces dispositions, la personne mise en cause devant la formation restreinte doit se voir notifier son droit de se taire.
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CONSTEXT000052086215_4
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CONSTEXT000052086215
| 4 |
0947d2b0b065051d
|
QPC
|
Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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également ordonner leur insertion dans des publications, journaux et supports qu’elle désigne, aux frais des personnes sanctionnées.« Sans préjudice des obligations d’information qui incombent au responsable de traitement ou à son sous-traitant en application de l’article 34 du règlement (UE) 2016/679 du 27 avril 2016, la formation restreinte peut ordonner que ce responsable ou ce sous-traitant informe individuellement, à ses frais, chacune des personnes concernées de la violation relevée des dispositions de la présente loi ou du règlement précité ainsi que, le cas échéant, de la mesure prononcée.« Lorsque la formation restreinte a prononcé une sanction pécuniaire devenue définitive avant que le juge pénal ait statué définitivement sur les mêmes faits ou des faits connexes, celui-ci peut ordonner que l’amende administrative s’impute sur l’amende pénale qu’il prononce.« L’astreinte est liquidée par la formation restreinte, qui en fixe le montant définitif.« Les sanctions pécuniaires et les astreintes sont recouvrées comme les créances de l’État étrangères à l’impôt et au domaine ».3. Les sociétés requérantes reprochent à ces dispositions de ne pas prévoir que la personne mise en cause devant la formation restreinte de la Commission nationale de l’informatique et des libertés est informée de son droit de se taire lorsqu’elle est amenée à présenter des observations, alors même que ces dernières sont susceptibles d’être utilisées à son encontre dans le cadre de cette procédure.
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
également ordonner leur insertion dans des publications, journaux et supports qu’elle désigne, aux frais des personnes sanctionnées.« Sans préjudice des obligations d’information qui incombent au responsable de traitement ou à son sous-traitant en application de l’article 34 du règlement (UE) 2016/679 du 27 avril 2016, la formation restreinte peut ordonner que ce responsable ou ce sous-traitant informe individuellement, à ses frais, chacune des personnes concernées de la violation relevée des dispositions de la présente loi ou du règlement précité ainsi que, le cas échéant, de la mesure prononcée.« Lorsque la formation restreinte a prononcé une sanction pécuniaire devenue définitive avant que le juge pénal ait statué définitivement sur les mêmes faits ou des faits connexes, celui-ci peut ordonner que l’amende administrative s’impute sur l’amende pénale qu’il prononce.« L’astreinte est liquidée par la formation restreinte, qui en fixe le montant définitif.« Les sanctions pécuniaires et les astreintes sont recouvrées comme les créances de l’État étrangères à l’impôt et au domaine ».3. Les sociétés requérantes reprochent à ces dispositions de ne pas prévoir que la personne mise en cause devant la formation restreinte de la Commission nationale de l’informatique et des libertés est informée de son droit de se taire lorsqu’elle est amenée à présenter des observations, alors même que ces dernières sont susceptibles d’être utilisées à son encontre dans le cadre de cette procédure.
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CONSTEXT000052086215_5
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CONSTEXT000052086215
| 5 |
5acd415cc1af8776
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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informée de son droit de se taire lorsqu’elle est amenée à présenter des observations, alors même que ces dernières sont susceptibles d’être utilisées à son encontre dans le cadre de cette procédure. Il en résulterait, selon elles, une méconnaissance des exigences de l’article 9 de la Déclaration des droits de l’homme et du citoyen de 1789.4. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « déposer des observations » figurant à la deuxième phrase du premier alinéa de l’article 22 de la loi du 6 janvier 1978, ainsi que sur les mots « La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information » figurant à la dernière phrase du même alinéa.- Sur l’intervention :5. Selon le deuxième alinéa de l’article 6 du règlement intérieur du 4 février 2010 mentionné ci-dessus, seules les personnes justifiant d’un « intérêt spécial » sont admises à présenter une intervention.6. La seule circonstance que la société Eurotitrisation et autres aient posé une question prioritaire de constitutionnalité relative aux pouvoirs de sanction de l’Autorité des marchés financiers n’est pas de nature à leur conférer un intérêt spécial à intervenir dans la procédure, dès lors que celle-ci porte sur une autre disposition législative que celle qui fait l’objet de la présente question prioritaire de constitutionnalité. Par conséquent, leur intervention n’est pas admise.- Sur le fond :7. Aux termes de
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
informée de son droit de se taire lorsqu’elle est amenée à présenter des observations, alors même que ces dernières sont susceptibles d’être utilisées à son encontre dans le cadre de cette procédure. Il en résulterait, selon elles, une méconnaissance des exigences de l’article 9 de la Déclaration des droits de l’homme et du citoyen de 1789.4. Par conséquent, la question prioritaire de constitutionnalité porte sur les mots « déposer des observations » figurant à la deuxième phrase du premier alinéa de l’article 22 de la loi du 6 janvier 1978, ainsi que sur les mots « La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information » figurant à la dernière phrase du même alinéa.- Sur l’intervention :5. Selon le deuxième alinéa de l’article 6 du règlement intérieur du 4 février 2010 mentionné ci-dessus, seules les personnes justifiant d’un « intérêt spécial » sont admises à présenter une intervention.6. La seule circonstance que la société Eurotitrisation et autres aient posé une question prioritaire de constitutionnalité relative aux pouvoirs de sanction de l’Autorité des marchés financiers n’est pas de nature à leur conférer un intérêt spécial à intervenir dans la procédure, dès lors que celle-ci porte sur une autre disposition législative que celle qui fait l’objet de la présente question prioritaire de constitutionnalité. Par conséquent, leur intervention n’est pas admise.- Sur le fond :7. Aux termes de
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CONSTEXT000052086215_6
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CONSTEXT000052086215
| 6 |
3d0e17493265b5d6
|
QPC
|
Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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autre disposition législative que celle qui fait l’objet de la présente question prioritaire de constitutionnalité. Par conséquent, leur intervention n’est pas admise.- Sur le fond :7. Aux termes de l’article 9 de la Déclaration des droits de l’homme et du citoyen de 1789 : « Tout homme étant présumé innocent jusqu’à ce qu’il ait été déclaré coupable, s’il est jugé indispensable de l’arrêter, toute rigueur qui ne serait pas nécessaire pour s’assurer de sa personne doit être sévèrement réprimée par la loi ». Il en résulte le principe selon lequel nul n’est tenu de s’accuser, dont découle le droit de se taire. Ces exigences s’appliquent non seulement aux peines prononcées par les juridictions répressives mais aussi à toute sanction ayant le caractère d’une punition.8. Selon 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 ». Ni le principe de la séparation des pouvoirs, ni aucun autre principe ou règle de valeur constitutionnelle, ne font obstacle à ce qu’une autorité administrative ou publique indépendante, agissant dans le cadre de prérogatives de puissance publique, puisse exercer un pouvoir de sanction dans la mesure nécessaire à l’accomplissement de sa mission, dès lors que l’exercice de ce pouvoir est assorti par la loi de mesures destinées à assurer la protection des droits et libertés constitutionnellement garantis.9. Selon le second
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
autre disposition législative que celle qui fait l’objet de la présente question prioritaire de constitutionnalité. Par conséquent, leur intervention n’est pas admise.- Sur le fond :7. Aux termes de l’article 9 de la Déclaration des droits de l’homme et du citoyen de 1789 : « Tout homme étant présumé innocent jusqu’à ce qu’il ait été déclaré coupable, s’il est jugé indispensable de l’arrêter, toute rigueur qui ne serait pas nécessaire pour s’assurer de sa personne doit être sévèrement réprimée par la loi ». Il en résulte le principe selon lequel nul n’est tenu de s’accuser, dont découle le droit de se taire. Ces exigences s’appliquent non seulement aux peines prononcées par les juridictions répressives mais aussi à toute sanction ayant le caractère d’une punition.8. Selon 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 ». Ni le principe de la séparation des pouvoirs, ni aucun autre principe ou règle de valeur constitutionnelle, ne font obstacle à ce qu’une autorité administrative ou publique indépendante, agissant dans le cadre de prérogatives de puissance publique, puisse exercer un pouvoir de sanction dans la mesure nécessaire à l’accomplissement de sa mission, dès lors que l’exercice de ce pouvoir est assorti par la loi de mesures destinées à assurer la protection des droits et libertés constitutionnellement garantis.9. Selon le second
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CONSTEXT000052086215_7
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CONSTEXT000052086215
| 7 |
97e98ec74a428b98
|
QPC
|
Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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de sa mission, dès lors que l’exercice de ce pouvoir est assorti par la loi de mesures destinées à assurer la protection des droits et libertés constitutionnellement garantis.9. Selon le second alinéa de l’article 1er de la loi organique du 20 janvier 2017 mentionnée ci-dessus, pris sur le fondement du dernier alinéa de l’article 34 de la Constitution, la loi « fixe les règles relatives … aux attributions … des autorités administratives indépendantes et des autorités publiques indépendantes ». 10. Les articles 20 et 21 de la loi du 6 janvier 1978 déterminent les mesures susceptibles d’être décidées par la Commission nationale de l’informatique et des libertés à l’encontre des responsables de traitement de données ou de leurs sous-traitants en cas de manquement à leurs obligations, en matière de protection des données à caractère personnel, découlant du règlement du 27 avril 2016 mentionné ci-dessus et de la loi du 6 janvier 1978. Au nombre de ces mesures figurent des amendes administratives, qui constituent des sanctions ayant le caractère de punition.11. L’article 22 de la loi du 6 janvier 1978 fixe la procédure selon laquelle la formation restreinte de la Commission nationale de l’informatique et des libertés peut prononcer de telles sanctions, sur la base d’un rapport établi par l’un des membres de l’autorité administrative indépendante. 12. En application des dispositions contestées de cet article, le responsable du traitement ou son sous-traitant peut présenter des
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
de sa mission, dès lors que l’exercice de ce pouvoir est assorti par la loi de mesures destinées à assurer la protection des droits et libertés constitutionnellement garantis.9. Selon le second alinéa de l’article 1er de la loi organique du 20 janvier 2017 mentionnée ci-dessus, pris sur le fondement du dernier alinéa de l’article 34 de la Constitution, la loi « fixe les règles relatives … aux attributions … des autorités administratives indépendantes et des autorités publiques indépendantes ». 10. Les articles 20 et 21 de la loi du 6 janvier 1978 déterminent les mesures susceptibles d’être décidées par la Commission nationale de l’informatique et des libertés à l’encontre des responsables de traitement de données ou de leurs sous-traitants en cas de manquement à leurs obligations, en matière de protection des données à caractère personnel, découlant du règlement du 27 avril 2016 mentionné ci-dessus et de la loi du 6 janvier 1978. Au nombre de ces mesures figurent des amendes administratives, qui constituent des sanctions ayant le caractère de punition.11. L’article 22 de la loi du 6 janvier 1978 fixe la procédure selon laquelle la formation restreinte de la Commission nationale de l’informatique et des libertés peut prononcer de telles sanctions, sur la base d’un rapport établi par l’un des membres de l’autorité administrative indépendante. 12. En application des dispositions contestées de cet article, le responsable du traitement ou son sous-traitant peut présenter des
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CONSTEXT000052086215_8
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CONSTEXT000052086215
| 8 |
ae2e976b2216ba08
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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par l’un des membres de l’autorité administrative indépendante. 12. En application des dispositions contestées de cet article, le responsable du traitement ou son sous-traitant peut présenter des observations en réponse au rapport qui lui est notifié. En outre, il peut être entendu par la formation restreinte si elle juge son audition utile à son information. En revanche, ni ces dispositions ni aucune autre disposition législative ne prévoient que la personne mise en cause est informée de son droit de se taire.13. Lorsqu’elle produit des observations en réponse au rapport qui lui est notifié ou lorsqu’elle est entendue devant la formation restreinte, la personne mise en cause peut être amenée à reconnaître les manquements qui lui sont reprochés. En outre, le fait même qu’elle soit invitée à présenter ses observations ou entendue peut être de nature à lui laisser croire qu’elle ne dispose pas du droit de se taire.14. Or la formation restreinte prend connaissance des observations déposées par la personne mise en cause en réponse à la notification du rapport et reçoit celles qui sont faites devant elle.15. Dès lors, en ne prévoyant pas que la personne physique ou, le cas échéant, le représentant légal de la personne morale mise en cause devant la formation restreinte doit être informé de son droit de se taire, les dispositions contestées méconnaissent les exigences de l’article 9 de la Déclaration de 1789. Par conséquent, elles doivent être déclarées contraires à la
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
par l’un des membres de l’autorité administrative indépendante. 12. En application des dispositions contestées de cet article, le responsable du traitement ou son sous-traitant peut présenter des observations en réponse au rapport qui lui est notifié. En outre, il peut être entendu par la formation restreinte si elle juge son audition utile à son information. En revanche, ni ces dispositions ni aucune autre disposition législative ne prévoient que la personne mise en cause est informée de son droit de se taire.13. Lorsqu’elle produit des observations en réponse au rapport qui lui est notifié ou lorsqu’elle est entendue devant la formation restreinte, la personne mise en cause peut être amenée à reconnaître les manquements qui lui sont reprochés. En outre, le fait même qu’elle soit invitée à présenter ses observations ou entendue peut être de nature à lui laisser croire qu’elle ne dispose pas du droit de se taire.14. Or la formation restreinte prend connaissance des observations déposées par la personne mise en cause en réponse à la notification du rapport et reçoit celles qui sont faites devant elle.15. Dès lors, en ne prévoyant pas que la personne physique ou, le cas échéant, le représentant légal de la personne morale mise en cause devant la formation restreinte doit être informé de son droit de se taire, les dispositions contestées méconnaissent les exigences de l’article 9 de la Déclaration de 1789. Par conséquent, elles doivent être déclarées contraires à la
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CONSTEXT000052086215_11
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CONSTEXT000052086215
| 11 |
6855ad0772023040
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QPC
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Non conformité totale - effet différé - réserve transitoire
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
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2025-1154
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2025-08-08
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « déposer des observations » figurant à la deuxième phrase du premier alinéa de l’article 22 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, dans sa rédaction résultant de la loi n° 2024-449 du 21 mai 2024 visant à sécuriser et réguler l’espace numérique, ainsi que les mots « La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information » figurant à la dernière phrase du même alinéa du même article sont contraires à la Constitution. Article 2. - La déclaration d’inconstitutionnalité de l’article 1er prend effet dans les conditions fixées aux paragraphes 17 à 19 de cette décision. Article 3. - 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 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 8 août 2025.
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Sociétés Cosmospace et autre [Notification du droit de se taire à une personne faisant l’objet d’une procédure de sanction par la CNIL]
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « déposer des observations » figurant à la deuxième phrase du premier alinéa de l’article 22 de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, dans sa rédaction résultant de la loi n° 2024-449 du 21 mai 2024 visant à sécuriser et réguler l’espace numérique, ainsi que les mots « La formation restreinte peut entendre toute personne dont l’audition lui paraît susceptible de contribuer utilement à son information » figurant à la dernière phrase du même alinéa du même article sont contraires à la Constitution. Article 2. - La déclaration d’inconstitutionnalité de l’article 1er prend effet dans les conditions fixées aux paragraphes 17 à 19 de cette décision. Article 3. - 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 7 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 8 août 2025.
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CONSTEXT000052086209_0
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CONSTEXT000052086209
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32fb544f350154c0
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AN
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Inéligibilité
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A.N., Bouches-du-Rhône, 5e circ.
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2024-6404
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2025-07-25
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LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 5 novembre 2024 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 octobre 2024), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Franck LIQUORI, candidat aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 5e circonscription du département des Bouches-du-Rhône, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2024-6404 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par M. LIQUORI enregistrées le 24 novembre 2024 et, en réponse à la mesure d’instruction ordonnée par le Conseil constitutionnel, le 11 juillet 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Bouches-du-Rhône, 5e circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 5 novembre 2024 par la Commission nationale des comptes de campagne et des financements politiques (décision du 24 octobre 2024), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de M. Franck LIQUORI, candidat aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 5e circonscription du département des Bouches-du-Rhône, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2024-6404 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs ;Au vu des pièces suivantes :- les observations présentées par M. LIQUORI enregistrées le 24 novembre 2024 et, en réponse à la mesure d’instruction ordonnée par le Conseil constitutionnel, le 11 juillet 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086209_1
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CONSTEXT000052086209
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ab31f0c737bec1fa
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AN
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Inéligibilité
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A.N., Bouches-du-Rhône, 5e circ.
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2024-6404
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2025-07-25
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1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article
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A.N., Bouches-du-Rhône, 5e circ.
1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article
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