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2025-08-08 00:00:00
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CONSTEXT000052086231_30
|
CONSTEXT000052086231
| 30 |
7d4682226a0fc2b3
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
|
2025-894
|
2025-08-07
|
une fois.83. D’autre part, ainsi qu’il a été dit au paragraphe 72, l’établissement d’un acte de reconnaissance de paternité ou de maternité en application de l’article 316 du code civil peut être effectué à tout moment sans être encadré par un délai déterminé.84. En outre, le sursis à l’enregistrement de la reconnaissance d’un enfant est, en tout état de cause, sans incidence sur l’établissement du lien de filiation dans la mesure où, en vertu de la jurisprudence constante de la Cour de cassation, les droits découlant de la reconnaissance remontent au jour de la naissance de l’enfant.85. Dès lors, en allongeant les délais de sursis pouvant être prononcés par le procureur de la République en cas de suspicion de reconnaissance frauduleuse, les dispositions contestées opèrent entre, d’une part, l’objectif poursuivi par le législateur et, d’autre part, le droit de mener une vie familiale normale, une conciliation qui n’est pas déséquilibrée. Le grief tiré de la méconnaissance de cette exigence doit donc être écarté.86. Par conséquent, l’article 2497 du code civil, qui ne méconnaît pas non plus l’exigence constitutionnelle de protection de l’intérêt supérieur de l’enfant, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 11 :87. L’article 11 modifie notamment l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’augmenter le montant de l’amende encourue en cas de mariage
|
Loi de programmation pour la refondation de Mayotte
une fois.83. D’autre part, ainsi qu’il a été dit au paragraphe 72, l’établissement d’un acte de reconnaissance de paternité ou de maternité en application de l’article 316 du code civil peut être effectué à tout moment sans être encadré par un délai déterminé.84. En outre, le sursis à l’enregistrement de la reconnaissance d’un enfant est, en tout état de cause, sans incidence sur l’établissement du lien de filiation dans la mesure où, en vertu de la jurisprudence constante de la Cour de cassation, les droits découlant de la reconnaissance remontent au jour de la naissance de l’enfant.85. Dès lors, en allongeant les délais de sursis pouvant être prononcés par le procureur de la République en cas de suspicion de reconnaissance frauduleuse, les dispositions contestées opèrent entre, d’une part, l’objectif poursuivi par le législateur et, d’autre part, le droit de mener une vie familiale normale, une conciliation qui n’est pas déséquilibrée. Le grief tiré de la méconnaissance de cette exigence doit donc être écarté.86. Par conséquent, l’article 2497 du code civil, qui ne méconnaît pas non plus l’exigence constitutionnelle de protection de l’intérêt supérieur de l’enfant, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 11 :87. L’article 11 modifie notamment l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’augmenter le montant de l’amende encourue en cas de mariage
|
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CONSTEXT000052086231_31
|
CONSTEXT000052086231
| 31 |
81c62221812649f1
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
|
2025-894
|
2025-08-07
|
11 :87. L’article 11 modifie notamment l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’augmenter le montant de l’amende encourue en cas de mariage frauduleux ou de reconnaissance frauduleuse d’un enfant.88. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de méconnaître les principes de nécessité et de proportionnalité des peines.89. L’article 8 de la Déclaration de 1789 dispose : « La loi ne doit établir que des peines strictement et évidemment nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.90. L’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile punit de peines d’emprisonnement et d’amende le fait, pour toute personne, de contracter un mariage ou de reconnaître un enfant aux seules fins d’obtenir, ou de faire obtenir, un titre de séjour ou le bénéfice d’une protection contre l’éloignement, ou aux seules fins d’acquérir, ou de faire acquérir, la nationalité française. Les mêmes peines sont encourues lorsque l’étranger qui a contracté mariage a dissimulé ses intentions à son conjoint. Elles sont également
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Loi de programmation pour la refondation de Mayotte
11 :87. L’article 11 modifie notamment l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’augmenter le montant de l’amende encourue en cas de mariage frauduleux ou de reconnaissance frauduleuse d’un enfant.88. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de méconnaître les principes de nécessité et de proportionnalité des peines.89. L’article 8 de la Déclaration de 1789 dispose : « La loi ne doit établir que des peines strictement et évidemment nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.90. L’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile punit de peines d’emprisonnement et d’amende le fait, pour toute personne, de contracter un mariage ou de reconnaître un enfant aux seules fins d’obtenir, ou de faire obtenir, un titre de séjour ou le bénéfice d’une protection contre l’éloignement, ou aux seules fins d’acquérir, ou de faire acquérir, la nationalité française. Les mêmes peines sont encourues lorsque l’étranger qui a contracté mariage a dissimulé ses intentions à son conjoint. Elles sont également
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CONSTEXT000052086231_32
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CONSTEXT000052086231
| 32 |
6f5641cdc102e2dd
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
|
2025-894
|
2025-08-07
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d’acquérir, ou de faire acquérir, la nationalité française. Les mêmes peines sont encourues lorsque l’étranger qui a contracté mariage a dissimulé ses intentions à son conjoint. Elles sont également applicables en cas d’organisation ou de tentative d’organisation d’un mariage ou d’une reconnaissance d’enfant aux mêmes fins. 91. En application des dispositions contestées, la peine d’amende encourue pour ces délits est portée à 75 000 euros.92. Au regard de la nature des comportements réprimés, le législateur n’a pas institué des peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.93. Par conséquent, les mots « 75 000 euros » figurant à la première phrase du premier alinéa de l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent pas non plus le principe de nécessité des peines, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur certaines dispositions de l’article 14 :94. Le paragraphe I de l’article 14 de la loi déférée insère notamment un 5° bis au sein de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’autoriser, à Mayotte, le placement en rétention dans des lieux adaptés aux familles d’un étranger accompagné d’un mineur.95. Les députés requérants estiment que la rétention administrative d’un mineur prévue par ces dispositions méconnaîtrait, tant par
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Loi de programmation pour la refondation de Mayotte
d’acquérir, ou de faire acquérir, la nationalité française. Les mêmes peines sont encourues lorsque l’étranger qui a contracté mariage a dissimulé ses intentions à son conjoint. Elles sont également applicables en cas d’organisation ou de tentative d’organisation d’un mariage ou d’une reconnaissance d’enfant aux mêmes fins. 91. En application des dispositions contestées, la peine d’amende encourue pour ces délits est portée à 75 000 euros.92. Au regard de la nature des comportements réprimés, le législateur n’a pas institué des peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.93. Par conséquent, les mots « 75 000 euros » figurant à la première phrase du premier alinéa de l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaissent pas non plus le principe de nécessité des peines, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur certaines dispositions de l’article 14 :94. Le paragraphe I de l’article 14 de la loi déférée insère notamment un 5° bis au sein de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile afin d’autoriser, à Mayotte, le placement en rétention dans des lieux adaptés aux familles d’un étranger accompagné d’un mineur.95. Les députés requérants estiment que la rétention administrative d’un mineur prévue par ces dispositions méconnaîtrait, tant par
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CONSTEXT000052086231_33
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CONSTEXT000052086231
| 33 |
b35e7dbdf15af225
|
DC
|
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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des lieux adaptés aux familles d’un étranger accompagné d’un mineur.95. Les députés requérants estiment que la rétention administrative d’un mineur prévue par ces dispositions méconnaîtrait, tant par elle-même qu’au regard de l’insuffisance des garanties prévues, l’exigence de protection de l’intérêt supérieur de l’enfant et les stipulations de la Convention internationale relative aux droits de l’enfant. 96. Ils font en outre valoir que, faute de permettre un contrôle systématique et suffisamment rapide de la mesure par l’autorité judiciaire, ces dispositions méconnaîtraient le droit à un recours juridictionnel effectif et le « droit à la sûreté ». Les députés auteurs de la troisième saisine soutiennent en outre que la notion de « lieux spécialement adaptés » serait insuffisamment déterminée. Il en résulterait une atteinte disproportionnée à la liberté individuelle.97. Enfin, selon les députés auteurs de la deuxième saisine, ces dispositions institueraient une différence de traitement injustifiée entre les mineurs selon qu’il se trouvent sur le territoire de Mayotte ou sur le reste du territoire national.. En ce qui concerne le grief tiré de la méconnaissance du principe d’égalité devant la loi :98. Selon l’article 6 de la Déclaration de 1789, la loi « doit être la même pour tous, soit qu’elle protège, soit qu’elle punisse ». Le principe d’égalité ne s’oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu’il déroge à l’égalité
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Loi de programmation pour la refondation de Mayotte
des lieux adaptés aux familles d’un étranger accompagné d’un mineur.95. Les députés requérants estiment que la rétention administrative d’un mineur prévue par ces dispositions méconnaîtrait, tant par elle-même qu’au regard de l’insuffisance des garanties prévues, l’exigence de protection de l’intérêt supérieur de l’enfant et les stipulations de la Convention internationale relative aux droits de l’enfant. 96. Ils font en outre valoir que, faute de permettre un contrôle systématique et suffisamment rapide de la mesure par l’autorité judiciaire, ces dispositions méconnaîtraient le droit à un recours juridictionnel effectif et le « droit à la sûreté ». Les députés auteurs de la troisième saisine soutiennent en outre que la notion de « lieux spécialement adaptés » serait insuffisamment déterminée. Il en résulterait une atteinte disproportionnée à la liberté individuelle.97. Enfin, selon les députés auteurs de la deuxième saisine, ces dispositions institueraient une différence de traitement injustifiée entre les mineurs selon qu’il se trouvent sur le territoire de Mayotte ou sur le reste du territoire national.. En ce qui concerne le grief tiré de la méconnaissance du principe d’égalité devant la loi :98. Selon l’article 6 de la Déclaration de 1789, la loi « doit être la même pour tous, soit qu’elle protège, soit qu’elle punisse ». Le principe d’égalité ne s’oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu’il déroge à l’égalité
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CONSTEXT000052086231_34
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CONSTEXT000052086231
| 34 |
60abfc7490ab0614
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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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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.99. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».100. Selon 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. 101. Les dispositions contestées prévoient, par dérogation, la possibilité à Mayotte de placer en rétention administrative, sous certaines conditions, un étranger accompagné d’un mineur.102. En premier lieu, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière. En outre, un grand nombre d’entre eux est accompagné de mineurs. Cette collectivité est soumise à des flux migratoires très importants. Ces circonstances constituent, au sens de
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Loi de programmation pour la refondation de Mayotte
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.99. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».100. Selon 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. 101. Les dispositions contestées prévoient, par dérogation, la possibilité à Mayotte de placer en rétention administrative, sous certaines conditions, un étranger accompagné d’un mineur.102. En premier lieu, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière. En outre, un grand nombre d’entre eux est accompagné de mineurs. Cette collectivité est soumise à des flux migratoires très importants. Ces circonstances constituent, au sens de
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CONSTEXT000052086231_35
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CONSTEXT000052086231
| 35 |
0aa4abd9496e5d09
|
DC
|
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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irrégulière. En outre, un grand nombre d’entre eux est accompagné de mineurs. Cette collectivité est soumise à des flux migratoires très importants. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur d’y adapter, dans une certaine mesure, les règles relatives à l’éloignement des étrangers du territoire et à leur rétention administrative, notamment lorsqu’ils sont accompagnés de mineurs.103. En adoptant les dispositions contestées, le législateur a ainsi entendu tenir compte de l’ampleur particulière que revêt à Mayotte l’immigration irrégulière impliquant la présence de mineurs et assurer l’exécution effective des mesures d’éloignement prises à l’encontre des personnes étrangères accompagnées de mineurs.104. En second lieu, la possibilité de placer un étranger accompagné d’un mineur en rétention administrative est limitée au cas dans lequel l’étranger ne présente pas de garanties de représentation effectives propres à prévenir un risque de soustraction à l’exécution de la décision d’éloignement et lorsqu’aucune autre mesure n’apparaît suffisante à garantir l’exécution de cette décision. 105. Dès lors, en prévoyant qu’un étranger accompagné d’un mineur peut, dans certains cas déterminés, être placé en rétention administrative à Mayotte, les dispositions contestées instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles
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Loi de programmation pour la refondation de Mayotte
irrégulière. En outre, un grand nombre d’entre eux est accompagné de mineurs. Cette collectivité est soumise à des flux migratoires très importants. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur d’y adapter, dans une certaine mesure, les règles relatives à l’éloignement des étrangers du territoire et à leur rétention administrative, notamment lorsqu’ils sont accompagnés de mineurs.103. En adoptant les dispositions contestées, le législateur a ainsi entendu tenir compte de l’ampleur particulière que revêt à Mayotte l’immigration irrégulière impliquant la présence de mineurs et assurer l’exécution effective des mesures d’éloignement prises à l’encontre des personnes étrangères accompagnées de mineurs.104. En second lieu, la possibilité de placer un étranger accompagné d’un mineur en rétention administrative est limitée au cas dans lequel l’étranger ne présente pas de garanties de représentation effectives propres à prévenir un risque de soustraction à l’exécution de la décision d’éloignement et lorsqu’aucune autre mesure n’apparaît suffisante à garantir l’exécution de cette décision. 105. Dès lors, en prévoyant qu’un étranger accompagné d’un mineur peut, dans certains cas déterminés, être placé en rétention administrative à Mayotte, les dispositions contestées instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles
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CONSTEXT000052086231_36
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CONSTEXT000052086231
| 36 |
122b67cf7312aa41
|
DC
|
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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cas déterminés, être placé en rétention administrative à Mayotte, les dispositions contestées instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.. En ce qui concerne les autres griefs :106. Le droit de mener une vie familiale normale résulte du dixième alinéa du Préambule de la Constitution de 1946 qui dispose : « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement ».107. 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 ». La liberté individuelle, dont la protection est confiée à l’autorité judiciaire, 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. 108. En premier lieu, le placement en rétention du mineur n’est possible que lorsque l’administration estime nécessaire de placer en rétention le majeur qu’il accompagne, dans les cas mentionnés au paragraphe 104. Il est ainsi justifié par la volonté de ne pas séparer le mineur de la personne
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Loi de programmation pour la refondation de Mayotte
cas déterminés, être placé en rétention administrative à Mayotte, les dispositions contestées instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.. En ce qui concerne les autres griefs :106. Le droit de mener une vie familiale normale résulte du dixième alinéa du Préambule de la Constitution de 1946 qui dispose : « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement ».107. 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 ». La liberté individuelle, dont la protection est confiée à l’autorité judiciaire, 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. 108. En premier lieu, le placement en rétention du mineur n’est possible que lorsque l’administration estime nécessaire de placer en rétention le majeur qu’il accompagne, dans les cas mentionnés au paragraphe 104. Il est ainsi justifié par la volonté de ne pas séparer le mineur de la personne
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CONSTEXT000052086231_37
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CONSTEXT000052086231
| 37 |
8163cd5acb7bb250
|
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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estime nécessaire de placer en rétention le majeur qu’il accompagne, dans les cas mentionnés au paragraphe 104. Il est ainsi justifié par la volonté de ne pas séparer le mineur de la personne qu’il accompagne, lorsque cette dernière est visée par une mesure d’éloignement.109. En deuxième lieu, d’une part, ce placement ne peut intervenir que pour le temps strictement nécessaire à l’organisation de l’éloignement, qui ne peut excéder quarante‑huit heures, prolongeable une fois pour vingt-quatre heures en cas d’impossibilité matérielle de procéder à l’éloignement pour une raison étrangère à l’administration. 110. D’autre part, le mineur doit être hébergé, dans des conditions qui tiennent compte de l’intérêt supérieur de l’enfant, « dans des lieux spécialement adaptés à la prise en charge des besoins de l’unité familiale » qui sont indépendants des lieux de rétention et garantissent aux membres de la famille une intimité adéquate. Ces notions ne sont ni imprécises, ni équivoques.111. En dernier lieu, la décision de placement en rétention de l’étranger accompagné d’un mineur peut être contestée devant le magistrat du siège du tribunal judiciaire dans un délai de quarante‑huit heures. Ce magistrat statue alors, par ordonnance, dans les quarante‑huit heures suivant sa saisine.112. Par ailleurs, sous réserve de ces adaptations, demeurent applicables les dispositions prévues aux chapitres Ier à IV du titre IV du livre VII du code de l’entrée et du séjour des étrangers et du droit
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Loi de programmation pour la refondation de Mayotte
estime nécessaire de placer en rétention le majeur qu’il accompagne, dans les cas mentionnés au paragraphe 104. Il est ainsi justifié par la volonté de ne pas séparer le mineur de la personne qu’il accompagne, lorsque cette dernière est visée par une mesure d’éloignement.109. En deuxième lieu, d’une part, ce placement ne peut intervenir que pour le temps strictement nécessaire à l’organisation de l’éloignement, qui ne peut excéder quarante‑huit heures, prolongeable une fois pour vingt-quatre heures en cas d’impossibilité matérielle de procéder à l’éloignement pour une raison étrangère à l’administration. 110. D’autre part, le mineur doit être hébergé, dans des conditions qui tiennent compte de l’intérêt supérieur de l’enfant, « dans des lieux spécialement adaptés à la prise en charge des besoins de l’unité familiale » qui sont indépendants des lieux de rétention et garantissent aux membres de la famille une intimité adéquate. Ces notions ne sont ni imprécises, ni équivoques.111. En dernier lieu, la décision de placement en rétention de l’étranger accompagné d’un mineur peut être contestée devant le magistrat du siège du tribunal judiciaire dans un délai de quarante‑huit heures. Ce magistrat statue alors, par ordonnance, dans les quarante‑huit heures suivant sa saisine.112. Par ailleurs, sous réserve de ces adaptations, demeurent applicables les dispositions prévues aux chapitres Ier à IV du titre IV du livre VII du code de l’entrée et du séjour des étrangers et du droit
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CONSTEXT000052086231_38
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CONSTEXT000052086231
| 38 |
5138448c041be0aa
|
DC
|
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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ailleurs, sous réserve de ces adaptations, demeurent applicables les dispositions prévues aux chapitres Ier à IV du titre IV du livre VII du code de l’entrée et du séjour des étrangers et du droit d’asile relatives, notamment, au contrôle de la rétention administrative par l’autorité judiciaire. 113. Il résulte de ce qui précède que la conciliation ainsi opérée par le législateur entre, d’une part, l’intérêt qui s’attache, pour le mineur, à ne pas être placé en rétention et, d’autre part, l’inconvénient d’être séparé de celui qu’il accompagne ou les exigences de la sauvegarde de l’ordre public n’est pas contraire aux exigences constitutionnelles précitées.114. Par conséquent, le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit à un recours juridictionnel effectif ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 15 :115. L’article 15 de la loi déférée insère un nouvel article L. 441-10 au sein du code de l’entrée et du séjour des étrangers et du droit d’asile afin de permettre, à Mayotte, le retrait du document de séjour de tout étranger majeur exerçant l’autorité parentale sur un étranger mineur dont le comportement constitue, dans certaines circonstances, une menace pour l’ordre public.116. Les députés requérants soutiennent que ces dispositions permettraient de sanctionner un ressortissant étranger sur le seul fondement
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Loi de programmation pour la refondation de Mayotte
ailleurs, sous réserve de ces adaptations, demeurent applicables les dispositions prévues aux chapitres Ier à IV du titre IV du livre VII du code de l’entrée et du séjour des étrangers et du droit d’asile relatives, notamment, au contrôle de la rétention administrative par l’autorité judiciaire. 113. Il résulte de ce qui précède que la conciliation ainsi opérée par le législateur entre, d’une part, l’intérêt qui s’attache, pour le mineur, à ne pas être placé en rétention et, d’autre part, l’inconvénient d’être séparé de celui qu’il accompagne ou les exigences de la sauvegarde de l’ordre public n’est pas contraire aux exigences constitutionnelles précitées.114. Par conséquent, le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas non plus le droit à un recours juridictionnel effectif ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 15 :115. L’article 15 de la loi déférée insère un nouvel article L. 441-10 au sein du code de l’entrée et du séjour des étrangers et du droit d’asile afin de permettre, à Mayotte, le retrait du document de séjour de tout étranger majeur exerçant l’autorité parentale sur un étranger mineur dont le comportement constitue, dans certaines circonstances, une menace pour l’ordre public.116. Les députés requérants soutiennent que ces dispositions permettraient de sanctionner un ressortissant étranger sur le seul fondement
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CONSTEXT000052086231_39
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CONSTEXT000052086231
| 39 |
277f7ce1efe46ec9
|
DC
|
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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dans certaines circonstances, une menace pour l’ordre public.116. Les députés requérants soutiennent que ces dispositions permettraient de sanctionner un ressortissant étranger sur le seul fondement d’un comportement imputable à un tiers, sans que soit établie sa participation aux faits reprochés au mineur ni même sa connaissance des faits, et sans que le trouble à l’ordre public atteigne un niveau de gravité suffisant pour justifier une telle mesure. Il en résulterait une méconnaissance des principes de nécessité et de proportionnalité des peines.117. Ils font également valoir que le retrait du titre de séjour d’un parent prévu par ces dispositions aurait des conséquences excessives sur l’ensemble de la famille du mineur. Il en résulterait, selon eux, une méconnaissance de l’intérêt supérieur de l’enfant, du droit de mener une vie familiale normale et du droit au respect de la vie privée.118. Enfin, les députés auteurs de la troisième saisine soutiennent que, en ce qu’elles ne sont applicables qu’à Mayotte, ces dispositions méconnaîtraient le principe d’égalité devant la loi.119. En premier lieu, l’article 8 de la Déclaration de 1789 dispose : « 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 ». Selon son article 9, tout homme est « présumé innocent jusqu’à ce qu’il ait été déclaré coupable ». Il résulte de ces articles que nul
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Loi de programmation pour la refondation de Mayotte
dans certaines circonstances, une menace pour l’ordre public.116. Les députés requérants soutiennent que ces dispositions permettraient de sanctionner un ressortissant étranger sur le seul fondement d’un comportement imputable à un tiers, sans que soit établie sa participation aux faits reprochés au mineur ni même sa connaissance des faits, et sans que le trouble à l’ordre public atteigne un niveau de gravité suffisant pour justifier une telle mesure. Il en résulterait une méconnaissance des principes de nécessité et de proportionnalité des peines.117. Ils font également valoir que le retrait du titre de séjour d’un parent prévu par ces dispositions aurait des conséquences excessives sur l’ensemble de la famille du mineur. Il en résulterait, selon eux, une méconnaissance de l’intérêt supérieur de l’enfant, du droit de mener une vie familiale normale et du droit au respect de la vie privée.118. Enfin, les députés auteurs de la troisième saisine soutiennent que, en ce qu’elles ne sont applicables qu’à Mayotte, ces dispositions méconnaîtraient le principe d’égalité devant la loi.119. En premier lieu, l’article 8 de la Déclaration de 1789 dispose : « 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 ». Selon son article 9, tout homme est « présumé innocent jusqu’à ce qu’il ait été déclaré coupable ». Il résulte de ces articles que nul
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CONSTEXT000052086231_40
|
CONSTEXT000052086231
| 40 |
e3f9fb396a01ce92
|
DC
|
Conformité - réserve
|
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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promulguée antérieurement au délit, et légalement appliquée ». Selon son article 9, tout homme est « présumé innocent jusqu’à ce qu’il ait été déclaré coupable ». Il résulte de ces articles que nul n’est punissable que de son propre fait. Ce principe s’applique non seulement aux peines prononcées par les juridictions répressives mais aussi à toute sanction ayant le caractère d'une punition.120. Les dispositions contestées permettent, à Mayotte, le retrait du document de séjour de tout étranger majeur exerçant l’autorité parentale sur un étranger mineur capable de discernement dont le comportement constitue une menace pour l’ordre public, lorsque la soustraction, par l’étranger majeur, à ses obligations légales compromet la santé, la sécurité, la moralité et l’éducation de l’étranger mineur et contribue directement à ce que le comportement de celui-ci constitue une telle menace.121. D’une part, une telle mesure, qui vise à réprimer les manquements de l’étranger majeur, constitue une sanction ayant le caractère d’une punition. D’autre part, la décision de retrait du titre de séjour de l’étranger majeur est prise en raison de la soustraction de ce dernier à certaines de ses obligations légales envers le mineur sur lequel il exerce l’autorité parentale. Ainsi, les dispositions contestées n’ont pas pour objet de sanctionner l’étranger majeur du seul fait du comportement du mineur. 122. Le grief tiré de la méconnaissance du principe selon lequel nul n’est punissable que de son
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Loi de programmation pour la refondation de Mayotte
promulguée antérieurement au délit, et légalement appliquée ». Selon son article 9, tout homme est « présumé innocent jusqu’à ce qu’il ait été déclaré coupable ». Il résulte de ces articles que nul n’est punissable que de son propre fait. Ce principe s’applique non seulement aux peines prononcées par les juridictions répressives mais aussi à toute sanction ayant le caractère d'une punition.120. Les dispositions contestées permettent, à Mayotte, le retrait du document de séjour de tout étranger majeur exerçant l’autorité parentale sur un étranger mineur capable de discernement dont le comportement constitue une menace pour l’ordre public, lorsque la soustraction, par l’étranger majeur, à ses obligations légales compromet la santé, la sécurité, la moralité et l’éducation de l’étranger mineur et contribue directement à ce que le comportement de celui-ci constitue une telle menace.121. D’une part, une telle mesure, qui vise à réprimer les manquements de l’étranger majeur, constitue une sanction ayant le caractère d’une punition. D’autre part, la décision de retrait du titre de séjour de l’étranger majeur est prise en raison de la soustraction de ce dernier à certaines de ses obligations légales envers le mineur sur lequel il exerce l’autorité parentale. Ainsi, les dispositions contestées n’ont pas pour objet de sanctionner l’étranger majeur du seul fait du comportement du mineur. 122. Le grief tiré de la méconnaissance du principe selon lequel nul n’est punissable que de son
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CONSTEXT000052086231_41
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CONSTEXT000052086231
| 41 |
e9c6759be8fc2e1e
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
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2025-894
|
2025-08-07
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n’ont pas pour objet de sanctionner l’étranger majeur du seul fait du comportement du mineur. 122. Le grief tiré de la méconnaissance du principe selon lequel nul n’est punissable que de son propre fait doit donc être écarté.123. En deuxième lieu, 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. 124. D’une part, il ressort des travaux préparatoires qu’en retenant comme condition au prononcé de cette sanction le fait pour l’étranger majeur de s’être soustrait à ses obligations légales à l’égard du mineur et de compromettre la santé, la sécurité, la moralité et l’éducation ce dernier, le législateur a entendu donner à ces dispositions la même portée que celles de l’article 227-17 du code pénal. 125. D’autre part, le retrait du document de séjour ne peut être décidé que lorsque le comportement du mineur, capable de discernement et sur lequel l’étranger majeur exerce l’autorité parentale, constitue une menace pour l’ordre public. 126. Enfin, la soustraction du majeur à ses obligations doit contribuer directement à ce que le comportement du mineur constitue une telle menace à l’ordre public. Il revient dès lors à l’autorité administrative d’établir un lien de causalité entre les agissements de l’étranger majeur détenteur de l’autorité parentale et le comportement du mineur.127. Ainsi, ces
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Loi de programmation pour la refondation de Mayotte
n’ont pas pour objet de sanctionner l’étranger majeur du seul fait du comportement du mineur. 122. Le grief tiré de la méconnaissance du principe selon lequel nul n’est punissable que de son propre fait doit donc être écarté.123. En deuxième lieu, 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. 124. D’une part, il ressort des travaux préparatoires qu’en retenant comme condition au prononcé de cette sanction le fait pour l’étranger majeur de s’être soustrait à ses obligations légales à l’égard du mineur et de compromettre la santé, la sécurité, la moralité et l’éducation ce dernier, le législateur a entendu donner à ces dispositions la même portée que celles de l’article 227-17 du code pénal. 125. D’autre part, le retrait du document de séjour ne peut être décidé que lorsque le comportement du mineur, capable de discernement et sur lequel l’étranger majeur exerce l’autorité parentale, constitue une menace pour l’ordre public. 126. Enfin, la soustraction du majeur à ses obligations doit contribuer directement à ce que le comportement du mineur constitue une telle menace à l’ordre public. Il revient dès lors à l’autorité administrative d’établir un lien de causalité entre les agissements de l’étranger majeur détenteur de l’autorité parentale et le comportement du mineur.127. Ainsi, ces
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CONSTEXT000052086231_42
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CONSTEXT000052086231
| 42 |
6dc38b3e55dd2c57
|
DC
|
Conformité - réserve
|
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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revient dès lors à l’autorité administrative d’établir un lien de causalité entre les agissements de l’étranger majeur détenteur de l’autorité parentale et le comportement du mineur.127. Ainsi, ces dispositions, qui ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le risque d’arbitraire, ne méconnaissent pas le principe de légalité des délits et des peines.128. En troisième lieu, si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.129. D’une part, le législateur a pu estimer qu’une sanction de cette nature permettait de responsabiliser les parents d’un mineur provoquant des troubles à l’ordre public et de faire cesser ces troubles. D’autre part, au regard de la nature des comportements réprimés, le législateur n’a pas institué des peines manifestement disproportionnées. 130. Le grief tiré de la méconnaissance du principe de nécessité et de proportionnalité des peines doit donc être écarté.131. En quatrième lieu, 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
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Loi de programmation pour la refondation de Mayotte
revient dès lors à l’autorité administrative d’établir un lien de causalité entre les agissements de l’étranger majeur détenteur de l’autorité parentale et le comportement du mineur.127. Ainsi, ces dispositions, qui ne revêtent pas un caractère équivoque et sont suffisamment précises pour garantir contre le risque d’arbitraire, ne méconnaissent pas le principe de légalité des délits et des peines.128. En troisième lieu, si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.129. D’une part, le législateur a pu estimer qu’une sanction de cette nature permettait de responsabiliser les parents d’un mineur provoquant des troubles à l’ordre public et de faire cesser ces troubles. D’autre part, au regard de la nature des comportements réprimés, le législateur n’a pas institué des peines manifestement disproportionnées. 130. Le grief tiré de la méconnaissance du principe de nécessité et de proportionnalité des peines doit donc être écarté.131. En quatrième lieu, 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
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CONSTEXT000052086231_43
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CONSTEXT000052086231
| 43 |
005dfea916da1ba2
|
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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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. Le droit de mener une vie familiale normale résulte de ce même dixième alinéa.132. D’une part, en instituant la sanction prévue par les dispositions contestées, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public.133. D’autre part, une telle mesure, qui doit être motivée, ne peut être prononcée, au terme d’une procédure contradictoire, au plus tôt un mois et au plus tard six mois après que l’intéressé a reçu un avertissement préalable, et si les conditions auxquelles est subordonné le retrait du document de séjour sont toujours réunies.134. En outre, en application des dispositions contestées, une carte de résident ou une carte de résident permanent ne peut être retirée que lorsque le comportement de l’étranger mineur constitue une menace grave pour l’ordre public, et l’étranger majeur ne peut alors faire l’objet d’une obligation de quitter le territoire français. En cas de retrait de la carte de résident d’un étranger qui ne peut pas faire l’objet d’une décision d’expulsion, une autorisation provisoire de séjour lui est délivrée de droit et, en cas de retrait d’une carte de résident permanent, une carte de séjour temporaire lui est délivrée de droit. Un tel retrait est
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Loi de programmation pour la refondation de Mayotte
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. Le droit de mener une vie familiale normale résulte de ce même dixième alinéa.132. D’une part, en instituant la sanction prévue par les dispositions contestées, le législateur a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public.133. D’autre part, une telle mesure, qui doit être motivée, ne peut être prononcée, au terme d’une procédure contradictoire, au plus tôt un mois et au plus tard six mois après que l’intéressé a reçu un avertissement préalable, et si les conditions auxquelles est subordonné le retrait du document de séjour sont toujours réunies.134. En outre, en application des dispositions contestées, une carte de résident ou une carte de résident permanent ne peut être retirée que lorsque le comportement de l’étranger mineur constitue une menace grave pour l’ordre public, et l’étranger majeur ne peut alors faire l’objet d’une obligation de quitter le territoire français. En cas de retrait de la carte de résident d’un étranger qui ne peut pas faire l’objet d’une décision d’expulsion, une autorisation provisoire de séjour lui est délivrée de droit et, en cas de retrait d’une carte de résident permanent, une carte de séjour temporaire lui est délivrée de droit. Un tel retrait est
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CONSTEXT000052086231_44
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CONSTEXT000052086231
| 44 |
4c1165212a6c32ad
|
DC
|
Conformité - réserve
|
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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une autorisation provisoire de séjour lui est délivrée de droit et, en cas de retrait d’une carte de résident permanent, une carte de séjour temporaire lui est délivrée de droit. Un tel retrait est interdit s’agissant des cartes de résident portant la mention « résident de longue durée-UE », des cartes de résident d’une durée de dix ans délivrées aux étrangers auxquels la qualité de réfugié a été reconnue, des cartes de séjour pluriannuelles portant la mention « bénéficiaire de la protection subsidiaire » ainsi que des cartes de résident d’une durée de dix ans délivrées aux bénéficiaires de la protection subsidiaire et aux membres de leur famille.135. Ce faisant, le législateur a interdit ou limité la possibilité de prononcer le retrait de certains titres de séjour en raison notamment de la durée du séjour de l’étranger en France ou de sa qualité de réfugié ou de bénéficiaire de la protection subsidiaire. 136. Il résulte de ce qui précède que les dispositions contestées ne portent pas aux exigences précitées une atteinte disproportionnée au regard de l’objectif poursuivi par le législateur.137. En dernier lieu, 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
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Loi de programmation pour la refondation de Mayotte
une autorisation provisoire de séjour lui est délivrée de droit et, en cas de retrait d’une carte de résident permanent, une carte de séjour temporaire lui est délivrée de droit. Un tel retrait est interdit s’agissant des cartes de résident portant la mention « résident de longue durée-UE », des cartes de résident d’une durée de dix ans délivrées aux étrangers auxquels la qualité de réfugié a été reconnue, des cartes de séjour pluriannuelles portant la mention « bénéficiaire de la protection subsidiaire » ainsi que des cartes de résident d’une durée de dix ans délivrées aux bénéficiaires de la protection subsidiaire et aux membres de leur famille.135. Ce faisant, le législateur a interdit ou limité la possibilité de prononcer le retrait de certains titres de séjour en raison notamment de la durée du séjour de l’étranger en France ou de sa qualité de réfugié ou de bénéficiaire de la protection subsidiaire. 136. Il résulte de ce qui précède que les dispositions contestées ne portent pas aux exigences précitées une atteinte disproportionnée au regard de l’objectif poursuivi par le législateur.137. En dernier lieu, 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
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CONSTEXT000052086231_45
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CONSTEXT000052086231
| 45 |
11d9bb7fe4be788b
|
DC
|
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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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.138. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».139. D’une part, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière, ainsi qu’un nombre élevé d’enfants nés de parents étrangers. Cette collectivité est soumise à des flux migratoires très importants affectant son équilibre social et se traduisant notamment par une forte hausse de la délinquance des mineurs. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur, afin de lutter contre l’immigration irrégulière à Mayotte, d’y adapter, dans une certaine mesure, les règles relatives au séjour des étrangers. 140. En adoptant les dispositions contestées, le législateur a entendu tenir compte de la forte proportion,
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Loi de programmation pour la refondation de Mayotte
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.138. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».139. D’une part, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière, ainsi qu’un nombre élevé d’enfants nés de parents étrangers. Cette collectivité est soumise à des flux migratoires très importants affectant son équilibre social et se traduisant notamment par une forte hausse de la délinquance des mineurs. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur, afin de lutter contre l’immigration irrégulière à Mayotte, d’y adapter, dans une certaine mesure, les règles relatives au séjour des étrangers. 140. En adoptant les dispositions contestées, le législateur a entendu tenir compte de la forte proportion,
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CONSTEXT000052086231_46
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CONSTEXT000052086231
| 46 |
14c429e1ccfdf7f9
|
DC
|
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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d’y adapter, dans une certaine mesure, les règles relatives au séjour des étrangers. 140. En adoptant les dispositions contestées, le législateur a entendu tenir compte de la forte proportion, à Mayotte, de mineurs étrangers auteurs d’infractions ou constituant une menace pour l’ordre public.141. D’autre part, elles ne permettent le retrait que de certains titres de séjour et lorsque sont remplies plusieurs conditions tenant aux manquements d’un étranger majeur et au comportement du mineur.142. Dès lors, ces dispositions instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.143. Par conséquent, l’article L. 441-10 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 17 :144. Le paragraphe I de l’article 17 de la loi déférée insère un nouvel article L. 561-10-5 au sein du code monétaire et financier afin d’imposer aux prestataires de service de paiement, à Mayotte, de vérifier la régularité du séjour de certains clients étrangers réalisant une opération de transmission de fonds à partir d’un versement
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Loi de programmation pour la refondation de Mayotte
d’y adapter, dans une certaine mesure, les règles relatives au séjour des étrangers. 140. En adoptant les dispositions contestées, le législateur a entendu tenir compte de la forte proportion, à Mayotte, de mineurs étrangers auteurs d’infractions ou constituant une menace pour l’ordre public.141. D’autre part, elles ne permettent le retrait que de certains titres de séjour et lorsque sont remplies plusieurs conditions tenant aux manquements d’un étranger majeur et au comportement du mineur.142. Dès lors, ces dispositions instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.143. Par conséquent, l’article L. 441-10 du code de l’entrée et du séjour des étrangers et du droit d’asile, qui ne méconnaît pas le droit au respect de la vie privée, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 17 :144. Le paragraphe I de l’article 17 de la loi déférée insère un nouvel article L. 561-10-5 au sein du code monétaire et financier afin d’imposer aux prestataires de service de paiement, à Mayotte, de vérifier la régularité du séjour de certains clients étrangers réalisant une opération de transmission de fonds à partir d’un versement
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CONSTEXT000052086231_47
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CONSTEXT000052086231
| 47 |
dd146955def799cb
|
DC
|
Conformité - réserve
|
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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aux prestataires de service de paiement, à Mayotte, de vérifier la régularité du séjour de certains clients étrangers réalisant une opération de transmission de fonds à partir d’un versement d’espèces. Il insère également un article L. 574-7 au sein du même code visant à réprimer le fait de faire procéder ou de participer à une telle opération pour le compte d’un étranger en situation irrégulière.145. Les députés auteurs de la deuxième saisine soutiennent qu’en imposant un tel contrôle de la régularité du séjour à toute personne étrangère souhaitant procéder à une transmission de fonds à partir d’espèces, ces dispositions porteraient une atteinte injustifiée et disproportionnée au droit de propriété ainsi qu’au droit au respect de la vie privée.146. Ils font également valoir que l’infraction créée à l’article L. 574-7 du code monétaire et financier méconnaîtrait les exigences de nécessité et de proportionnalité des délits et des peines, en l’absence d’exigence d’élément intentionnel suffisant et au regard de la gravité des peines encourues. Selon eux, la peine d’interdiction du territoire français instituée par les dispositions contestées porterait en outre une atteinte disproportionnée au droit au respect de la vie privée et au droit de mener une vie familiale normale.147. Ils soutiennent enfin que ces dispositions institueraient une discrimination injustifiée dans l’accès aux services financiers et dans la répression pénale, dès lors qu’elles ne sont applicables qu’à
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Loi de programmation pour la refondation de Mayotte
aux prestataires de service de paiement, à Mayotte, de vérifier la régularité du séjour de certains clients étrangers réalisant une opération de transmission de fonds à partir d’un versement d’espèces. Il insère également un article L. 574-7 au sein du même code visant à réprimer le fait de faire procéder ou de participer à une telle opération pour le compte d’un étranger en situation irrégulière.145. Les députés auteurs de la deuxième saisine soutiennent qu’en imposant un tel contrôle de la régularité du séjour à toute personne étrangère souhaitant procéder à une transmission de fonds à partir d’espèces, ces dispositions porteraient une atteinte injustifiée et disproportionnée au droit de propriété ainsi qu’au droit au respect de la vie privée.146. Ils font également valoir que l’infraction créée à l’article L. 574-7 du code monétaire et financier méconnaîtrait les exigences de nécessité et de proportionnalité des délits et des peines, en l’absence d’exigence d’élément intentionnel suffisant et au regard de la gravité des peines encourues. Selon eux, la peine d’interdiction du territoire français instituée par les dispositions contestées porterait en outre une atteinte disproportionnée au droit au respect de la vie privée et au droit de mener une vie familiale normale.147. Ils soutiennent enfin que ces dispositions institueraient une discrimination injustifiée dans l’accès aux services financiers et dans la répression pénale, dès lors qu’elles ne sont applicables qu’à
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CONSTEXT000052086231_48
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CONSTEXT000052086231
| 48 |
2c530b894c38433c
|
DC
|
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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Ils soutiennent enfin que ces dispositions institueraient une discrimination injustifiée dans l’accès aux services financiers et dans la répression pénale, dès lors qu’elles ne sont applicables qu’à Mayotte. Il en résulterait une méconnaissance du principe d’égalité devant la loi ainsi qu’une atteinte au principe d’unité de la République.. En ce qui concerne l’article L. 561-105 du code monétaire et financier : 148. En premier lieu, aux termes de 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.149. Selon l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».150. L’article L. 561-5 du code monétaire et financier prévoit notamment qu’avant d’entrer en relation d’affaires avec leur client ou de l’assister dans la préparation ou la réalisation d’une transaction, les organismes financiers procèdent à son identification ainsi que, le cas échéant, à celle du bénéficiaire effectif de
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Loi de programmation pour la refondation de Mayotte
Ils soutiennent enfin que ces dispositions institueraient une discrimination injustifiée dans l’accès aux services financiers et dans la répression pénale, dès lors qu’elles ne sont applicables qu’à Mayotte. Il en résulterait une méconnaissance du principe d’égalité devant la loi ainsi qu’une atteinte au principe d’unité de la République.. En ce qui concerne l’article L. 561-105 du code monétaire et financier : 148. En premier lieu, aux termes de 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.149. Selon l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».150. L’article L. 561-5 du code monétaire et financier prévoit notamment qu’avant d’entrer en relation d’affaires avec leur client ou de l’assister dans la préparation ou la réalisation d’une transaction, les organismes financiers procèdent à son identification ainsi que, le cas échéant, à celle du bénéficiaire effectif de
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CONSTEXT000052086231_49
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CONSTEXT000052086231
| 49 |
c97eefcae43e5e05
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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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ou de l’assister dans la préparation ou la réalisation d’une transaction, les organismes financiers procèdent à son identification ainsi que, le cas échéant, à celle du bénéficiaire effectif de l’opération, et vérifient leur identité sur présentation de tout document écrit à caractère probant.151. Les dispositions contestées imposent à certains prestataires de services de paiement une mesure de vigilance complémentaire, à Mayotte, consistant à vérifier la régularité du séjour de leur client, s’il n’est pas ressortissant d’un État membre de l’Union européenne, avant de procéder à une opération de transmission de fonds à partir d’un versement d’espèces. À défaut de justification de la régularité du séjour par la présentation de l’original de tout document de séjour, il est fait obstacle à cette opération. 152. En exigeant que certains clients étrangers d’établissements bancaires ou de crédit à Mayotte justifient de la régularité de leur séjour avant qu’il soit procédé à une opération de transmission de fonds à partir d’un versement d’espèces, les dispositions contestées instituent une différence de traitement, pour la réalisation de telles opérations, entre les ressortissants étrangers se trouvant à Mayotte et ceux se trouvant sur le reste du territoire national. 153. D’une part, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère,
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Loi de programmation pour la refondation de Mayotte
ou de l’assister dans la préparation ou la réalisation d’une transaction, les organismes financiers procèdent à son identification ainsi que, le cas échéant, à celle du bénéficiaire effectif de l’opération, et vérifient leur identité sur présentation de tout document écrit à caractère probant.151. Les dispositions contestées imposent à certains prestataires de services de paiement une mesure de vigilance complémentaire, à Mayotte, consistant à vérifier la régularité du séjour de leur client, s’il n’est pas ressortissant d’un État membre de l’Union européenne, avant de procéder à une opération de transmission de fonds à partir d’un versement d’espèces. À défaut de justification de la régularité du séjour par la présentation de l’original de tout document de séjour, il est fait obstacle à cette opération. 152. En exigeant que certains clients étrangers d’établissements bancaires ou de crédit à Mayotte justifient de la régularité de leur séjour avant qu’il soit procédé à une opération de transmission de fonds à partir d’un versement d’espèces, les dispositions contestées instituent une différence de traitement, pour la réalisation de telles opérations, entre les ressortissants étrangers se trouvant à Mayotte et ceux se trouvant sur le reste du territoire national. 153. D’une part, ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère,
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CONSTEXT000052086231_50
|
CONSTEXT000052086231
| 50 |
264e419a2b46085d
|
DC
|
Conformité - réserve
|
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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ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière. Cette collectivité est soumise à des flux migratoires très importants. En outre, y sont réalisées des transactions effectuées en espèces dans une proportion plus élevée que sur le reste du territoire national. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur d’y adapter, dans une certaine mesure, les règles relatives aux obligations de vigilance concernant les opérations de transmission de fonds.154. En adoptant les dispositions contestées, le législateur a ainsi entendu lutter contre le blanchiment de capitaux et tenir compte de ce que les transmissions de fonds en espèces peuvent servir au financement d’activités illicites, notamment celles associées à l’immigration irrégulière. Ce faisant, il a 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.155. D’autre part, en se bornant à imposer aux établissements de paiement, de crédit et de monnaie électronique une mesure de vigilance complémentaire pour empêcher les opérations de transmission de fonds réalisées à partir d’un versement d’espèces lorsque les personnes
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Loi de programmation pour la refondation de Mayotte
ainsi qu’il a été dit au paragraphe 13, la population de Mayotte comporte, par rapport à l’ensemble de la population résidant en France, une forte proportion de personnes de nationalité étrangère, dont beaucoup en situation irrégulière. Cette collectivité est soumise à des flux migratoires très importants. En outre, y sont réalisées des transactions effectuées en espèces dans une proportion plus élevée que sur le reste du territoire national. Ces circonstances constituent, au sens de l’article 73 de la Constitution, des « caractéristiques et contraintes particulières » de nature à permettre au législateur d’y adapter, dans une certaine mesure, les règles relatives aux obligations de vigilance concernant les opérations de transmission de fonds.154. En adoptant les dispositions contestées, le législateur a ainsi entendu lutter contre le blanchiment de capitaux et tenir compte de ce que les transmissions de fonds en espèces peuvent servir au financement d’activités illicites, notamment celles associées à l’immigration irrégulière. Ce faisant, il a 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.155. D’autre part, en se bornant à imposer aux établissements de paiement, de crédit et de monnaie électronique une mesure de vigilance complémentaire pour empêcher les opérations de transmission de fonds réalisées à partir d’un versement d’espèces lorsque les personnes
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CONSTEXT000052086231_51
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CONSTEXT000052086231
| 51 |
2093559c312fc6ba
|
DC
|
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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de crédit et de monnaie électronique une mesure de vigilance complémentaire pour empêcher les opérations de transmission de fonds réalisées à partir d’un versement d’espèces lorsque les personnes concernées sont en situation irrégulière, les dispositions contestées ne font pas obstacle à la transmission de fonds selon d’autres modalités, y compris lorsque ces opérations ont lieu au sein des mêmes établissements.156. Dès lors, la différence de traitement résultant de ces dispositions, qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à Mayotte, est en rapport avec l’objet de la loi. 157. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.158. En second lieu, la propriété figure au nombre des droits de l’homme consacrés par les articles 2 et 17 de la Déclaration de 1789. Aux termes de son article 17 : « La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n’est lorsque la nécessité publique, légalement constatée, l’exige évidemment, et sous la condition d’une juste et préalable indemnité ». En l’absence de privation du droit de propriété au sens de cet article, il résulte néanmoins de l’article 2 de la Déclaration de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.159. Par ailleurs, la liberté proclamée par l’article 2 de la
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Loi de programmation pour la refondation de Mayotte
de crédit et de monnaie électronique une mesure de vigilance complémentaire pour empêcher les opérations de transmission de fonds réalisées à partir d’un versement d’espèces lorsque les personnes concernées sont en situation irrégulière, les dispositions contestées ne font pas obstacle à la transmission de fonds selon d’autres modalités, y compris lorsque ces opérations ont lieu au sein des mêmes établissements.156. Dès lors, la différence de traitement résultant de ces dispositions, qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à Mayotte, est en rapport avec l’objet de la loi. 157. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.158. En second lieu, la propriété figure au nombre des droits de l’homme consacrés par les articles 2 et 17 de la Déclaration de 1789. Aux termes de son article 17 : « La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n’est lorsque la nécessité publique, légalement constatée, l’exige évidemment, et sous la condition d’une juste et préalable indemnité ». En l’absence de privation du droit de propriété au sens de cet article, il résulte néanmoins de l’article 2 de la Déclaration de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.159. Par ailleurs, la liberté proclamée par l’article 2 de la
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CONSTEXT000052086231_52
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CONSTEXT000052086231
| 52 |
e1fc82ea8afdcb8d
|
DC
|
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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1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.159. Par ailleurs, la liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie privée.160. D’une part, les dispositions contestées se bornent à imposer à un étranger non ressortissant d’un État membre de l’Union européenne la présentation de l’original d’un document de séjour avant qu’il soit procédé à une opération de transmission de fonds à partir d’un versement d’espèces. Ainsi, elles n’entraînent pas une privation de propriété au sens de l’article 17 de la Déclaration de 1789.161. D’autre part, ainsi qu’il a été dit au paragraphe 155, ces dispositions ne font, en tout état de cause, pas obstacle à la transmission de fonds selon d’autres modalités. Dès lors, le grief tiré de la méconnaissance du droit de propriété ne peut qu’être écarté.162. Par conséquent, l’article L. 561-10-5 du code monétaire et financier, qui ne méconnaît pas non plus le droit au respect de la vie privée, est conforme à la Constitution.. En ce qui concerne l’article L. 574-7 du code monétaire et financier : 163. L’article 8 de la Déclaration de 1789 dispose : « La loi ne doit établir que des peines strictement et évidemment nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des
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Loi de programmation pour la refondation de Mayotte
1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.159. Par ailleurs, la liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie privée.160. D’une part, les dispositions contestées se bornent à imposer à un étranger non ressortissant d’un État membre de l’Union européenne la présentation de l’original d’un document de séjour avant qu’il soit procédé à une opération de transmission de fonds à partir d’un versement d’espèces. Ainsi, elles n’entraînent pas une privation de propriété au sens de l’article 17 de la Déclaration de 1789.161. D’autre part, ainsi qu’il a été dit au paragraphe 155, ces dispositions ne font, en tout état de cause, pas obstacle à la transmission de fonds selon d’autres modalités. Dès lors, le grief tiré de la méconnaissance du droit de propriété ne peut qu’être écarté.162. Par conséquent, l’article L. 561-10-5 du code monétaire et financier, qui ne méconnaît pas non plus le droit au respect de la vie privée, est conforme à la Constitution.. En ce qui concerne l’article L. 574-7 du code monétaire et financier : 163. L’article 8 de la Déclaration de 1789 dispose : « La loi ne doit établir que des peines strictement et évidemment nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des
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CONSTEXT000052086231_53
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CONSTEXT000052086231
| 53 |
3b2325d6d710851f
|
DC
|
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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nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.164. En application des dispositions contestées, est puni de six mois d’emprisonnement et d’une peine de 7 500 euros d’amende le fait de faire procéder ou de procéder, pour le compte d’un étranger en situation irrégulière, à une opération de transmission de fonds à partir d’un versement d’espèces aux fins de faire obstacle à l’exécution de la mesure de vigilance prévue à l’article L. 561-10-5 du code monétaire et financier. En outre, l’étranger condamné pour de tels faits encourt une peine d’interdiction du territoire français pour une durée maximale de dix ans.165. Il ressort des travaux préparatoires qu’en instituant de telles peines, le législateur a entendu prévenir et réprimer le fait de faire obstacle à l’exécution de la mesure de vigilance incombant à certains prestataires de services financiers, qui est justifiée par les motifs mentionnés au paragraphe 154. Au regard de la nature des comportements réprimés, le législateur n’a pas institué de peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit
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Loi de programmation pour la refondation de Mayotte
nécessaires… ». L’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Si la nécessité des peines attachées aux infractions relève du pouvoir d’appréciation du législateur, il incombe au Conseil constitutionnel de s’assurer de l’absence de disproportion manifeste entre l’infraction et la peine encourue.164. En application des dispositions contestées, est puni de six mois d’emprisonnement et d’une peine de 7 500 euros d’amende le fait de faire procéder ou de procéder, pour le compte d’un étranger en situation irrégulière, à une opération de transmission de fonds à partir d’un versement d’espèces aux fins de faire obstacle à l’exécution de la mesure de vigilance prévue à l’article L. 561-10-5 du code monétaire et financier. En outre, l’étranger condamné pour de tels faits encourt une peine d’interdiction du territoire français pour une durée maximale de dix ans.165. Il ressort des travaux préparatoires qu’en instituant de telles peines, le législateur a entendu prévenir et réprimer le fait de faire obstacle à l’exécution de la mesure de vigilance incombant à certains prestataires de services financiers, qui est justifiée par les motifs mentionnés au paragraphe 154. Au regard de la nature des comportements réprimés, le législateur n’a pas institué de peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit
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CONSTEXT000052086231_54
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CONSTEXT000052086231
| 54 |
ee5e31325d8bf09c
|
DC
|
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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de la nature des comportements réprimés, le législateur n’a pas institué de peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.166. Par conséquent, l’article L. 574-7 du code monétaire et financier, qui ne méconnaît pas non plus le droit au respect de la vie privée, le droit de mener une vie familiale normale, le principe d’égalité devant la loi, le principe de nécessité des peines, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 18 :167. L’article 18 insère notamment un article 11-2 au sein de la loi du 23 juin 2011 mentionnée ci-dessus afin d’instituer une nouvelle procédure spécifique applicable à Mayotte d’évacuation et de démolition, sur décision du représentant de l’État dans le département, des locaux ou installations édifiés sans droit ni titre constituant un habitat informel. Il permet par ailleurs au préfet, jusqu’au 13 décembre 2034, de déroger, sous certaines conditions, à l’obligation de proposer un relogement ou un hébergement d’urgence en cas d’expulsion sur ce fondement. 168. Les députés requérants soutiennent qu’en réduisant le délai d’exécution volontaire pour les occupants de ce type d’habitat, en permettant de déroger à l’obligation de proposer un relogement et en élargissant la liste des agents habilités pour constater ces constructions sans droit ni titre, ces dispositions seraient de nature à
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Loi de programmation pour la refondation de Mayotte
de la nature des comportements réprimés, le législateur n’a pas institué de peines manifestement disproportionnées. Le grief tiré de la méconnaissance du principe de proportionnalité des peines doit donc être écarté.166. Par conséquent, l’article L. 574-7 du code monétaire et financier, qui ne méconnaît pas non plus le droit au respect de la vie privée, le droit de mener une vie familiale normale, le principe d’égalité devant la loi, le principe de nécessité des peines, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 18 :167. L’article 18 insère notamment un article 11-2 au sein de la loi du 23 juin 2011 mentionnée ci-dessus afin d’instituer une nouvelle procédure spécifique applicable à Mayotte d’évacuation et de démolition, sur décision du représentant de l’État dans le département, des locaux ou installations édifiés sans droit ni titre constituant un habitat informel. Il permet par ailleurs au préfet, jusqu’au 13 décembre 2034, de déroger, sous certaines conditions, à l’obligation de proposer un relogement ou un hébergement d’urgence en cas d’expulsion sur ce fondement. 168. Les députés requérants soutiennent qu’en réduisant le délai d’exécution volontaire pour les occupants de ce type d’habitat, en permettant de déroger à l’obligation de proposer un relogement et en élargissant la liste des agents habilités pour constater ces constructions sans droit ni titre, ces dispositions seraient de nature à
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CONSTEXT000052086231_55
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CONSTEXT000052086231
| 55 |
8e481beed0946e4c
|
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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de déroger à l’obligation de proposer un relogement et en élargissant la liste des agents habilités pour constater ces constructions sans droit ni titre, ces dispositions seraient de nature à priver de logement des personnes se trouvant en grande précarité. Il en résulterait une méconnaissance du droit au respect de la vie privée et du principe de l’inviolabilité du domicile. 169. En outre, selon eux, en permettant au préfet de déroger à l’obligation de proposer un relogement jusqu’en 2034, sans exiger de justification particulière ni définir précisément les « circonstances locales » auxquelles la dérogation est subordonnée, ces dispositions laisseraient une marge d’appréciation trop importante à l’administration. Il en résulterait une méconnaissance du principe de sauvegarde de la dignité de la personne humaine, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent. 170. Enfin, pour les mêmes motifs, les dispositions contestées seraient, selon eux, contraires au droit de propriété.171. En vertu de l’article 34 de la Constitution, la loi fixe les règles concernant les garanties fondamentales accordées aux citoyens pour l’exercice des libertés publiques. Dans le cadre de cette mission, il appartient au législateur d’opérer la conciliation nécessaire entre le respect des libertés et la sauvegarde de l’ordre public sans lequel l’exercice des libertés ne saurait être assuré.172. Par ailleurs, les
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Loi de programmation pour la refondation de Mayotte
de déroger à l’obligation de proposer un relogement et en élargissant la liste des agents habilités pour constater ces constructions sans droit ni titre, ces dispositions seraient de nature à priver de logement des personnes se trouvant en grande précarité. Il en résulterait une méconnaissance du droit au respect de la vie privée et du principe de l’inviolabilité du domicile. 169. En outre, selon eux, en permettant au préfet de déroger à l’obligation de proposer un relogement jusqu’en 2034, sans exiger de justification particulière ni définir précisément les « circonstances locales » auxquelles la dérogation est subordonnée, ces dispositions laisseraient une marge d’appréciation trop importante à l’administration. Il en résulterait une méconnaissance du principe de sauvegarde de la dignité de la personne humaine, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent. 170. Enfin, pour les mêmes motifs, les dispositions contestées seraient, selon eux, contraires au droit de propriété.171. En vertu de l’article 34 de la Constitution, la loi fixe les règles concernant les garanties fondamentales accordées aux citoyens pour l’exercice des libertés publiques. Dans le cadre de cette mission, il appartient au législateur d’opérer la conciliation nécessaire entre le respect des libertés et la sauvegarde de l’ordre public sans lequel l’exercice des libertés ne saurait être assuré.172. Par ailleurs, les
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CONSTEXT000052086231_56
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CONSTEXT000052086231
| 56 |
a7e36570d789072f
|
DC
|
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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au législateur d’opérer la conciliation nécessaire entre le respect des libertés et la sauvegarde de l’ordre public sans lequel l’exercice des libertés ne saurait être assuré.172. Par ailleurs, les mesures de police administrative susceptibles d’affecter l’exercice des libertés constitutionnellement garanties, au nombre desquelles figurent l’inviolabilité du domicile et le respect de la vie privée protégés par l’article 2 de la Déclaration de 1789, doivent être justifiées par la nécessité de sauvegarder l’ordre public et proportionnées à cet objectif. 173. Selon le dixième alinéa du Préambule de la Constitution de 1946, « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement ». Le onzième alinéa de ce Préambule dispose que la Nation « 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. Tout être humain qui, en raison de son âge, de son état physique ou mental, de la situation économique, se trouve dans l’incapacité de travailler a le droit d’obtenir de la collectivité des moyens convenables d’existence ». Il ressort également du Préambule de la Constitution de 1946 que la sauvegarde de la dignité de la personne humaine contre toute forme de dégradation est un principe à valeur constitutionnelle. Il résulte de ces principes que la possibilité pour toute personne de disposer d’un logement décent est un objectif de valeur
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Loi de programmation pour la refondation de Mayotte
au législateur d’opérer la conciliation nécessaire entre le respect des libertés et la sauvegarde de l’ordre public sans lequel l’exercice des libertés ne saurait être assuré.172. Par ailleurs, les mesures de police administrative susceptibles d’affecter l’exercice des libertés constitutionnellement garanties, au nombre desquelles figurent l’inviolabilité du domicile et le respect de la vie privée protégés par l’article 2 de la Déclaration de 1789, doivent être justifiées par la nécessité de sauvegarder l’ordre public et proportionnées à cet objectif. 173. Selon le dixième alinéa du Préambule de la Constitution de 1946, « La Nation assure à l’individu et à la famille les conditions nécessaires à leur développement ». Le onzième alinéa de ce Préambule dispose que la Nation « 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. Tout être humain qui, en raison de son âge, de son état physique ou mental, de la situation économique, se trouve dans l’incapacité de travailler a le droit d’obtenir de la collectivité des moyens convenables d’existence ». Il ressort également du Préambule de la Constitution de 1946 que la sauvegarde de la dignité de la personne humaine contre toute forme de dégradation est un principe à valeur constitutionnelle. Il résulte de ces principes que la possibilité pour toute personne de disposer d’un logement décent est un objectif de valeur
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CONSTEXT000052086231_57
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CONSTEXT000052086231
| 57 |
f43f71d9a4751f4f
|
DC
|
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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toute forme de dégradation est un principe à valeur constitutionnelle. Il résulte de ces principes que la possibilité pour toute personne de disposer d’un logement décent est un objectif de valeur constitutionnelle.. En ce qui concerne le paragraphe I de l’article 11-2 de la loi du 23 juin 2011 et le paragraphe II de l’article 18 de la loi déférée : 174. Les dispositions contestées prévoient qu’à Mayotte, le représentant de l’État dans le département peut, par arrêté, ordonner aux occupants de certaines constructions constituant un habitat informel d’évacuer les lieux et, aux propriétaires, de procéder à leur démolition à l’issue de l’évacuation. 175. En outre, jusqu’au 13 décembre 2034, le préfet peut, sous certaines conditions, déroger à l’obligation d’annexer à cet arrêté une proposition de relogement ou d’hébergement d’urgence.176. En premier lieu, il résulte des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu, compte tenu du phénomène massif d’habitat informel illicite à Mayotte, renforcer les pouvoirs de police administrative du préfet afin de mieux répondre aux risques qui en découlent d’atteintes à la propriété, de troubles à l’ordre public, ainsi que de menaces pour la santé et la salubrité publiques. Ce faisant, il a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public. 177. En deuxième lieu, les dispositions contestées ne concernent que des locaux ou installations qui, relevant de l’habitat informel au
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Loi de programmation pour la refondation de Mayotte
toute forme de dégradation est un principe à valeur constitutionnelle. Il résulte de ces principes que la possibilité pour toute personne de disposer d’un logement décent est un objectif de valeur constitutionnelle.. En ce qui concerne le paragraphe I de l’article 11-2 de la loi du 23 juin 2011 et le paragraphe II de l’article 18 de la loi déférée : 174. Les dispositions contestées prévoient qu’à Mayotte, le représentant de l’État dans le département peut, par arrêté, ordonner aux occupants de certaines constructions constituant un habitat informel d’évacuer les lieux et, aux propriétaires, de procéder à leur démolition à l’issue de l’évacuation. 175. En outre, jusqu’au 13 décembre 2034, le préfet peut, sous certaines conditions, déroger à l’obligation d’annexer à cet arrêté une proposition de relogement ou d’hébergement d’urgence.176. En premier lieu, il résulte des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu, compte tenu du phénomène massif d’habitat informel illicite à Mayotte, renforcer les pouvoirs de police administrative du préfet afin de mieux répondre aux risques qui en découlent d’atteintes à la propriété, de troubles à l’ordre public, ainsi que de menaces pour la santé et la salubrité publiques. Ce faisant, il a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public. 177. En deuxième lieu, les dispositions contestées ne concernent que des locaux ou installations qui, relevant de l’habitat informel au
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CONSTEXT000052086231_58
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CONSTEXT000052086231
| 58 |
71738d258596c7fd
|
DC
|
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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de valeur constitutionnelle de sauvegarde de l’ordre public. 177. En deuxième lieu, les dispositions contestées ne concernent que des locaux ou installations qui, relevant de l’habitat informel au sens du deuxième alinéa de l’article 1-1 de la loi du 31 mai 1990, sont dénués d’alimentation en eau potable ou de réseaux de collecte des eaux usées et des eaux pluviales, ou de voiries ou d’équipements collectifs propres à en assurer la desserte, la salubrité et la sécurité dans des conditions satisfaisantes. 178. Par ailleurs, en visant de tels locaux ou installations qui forment un ensemble homogène sur un ou plusieurs terrains d’assiette, le législateur a limité l’application de ces dispositions aux regroupements dans un même périmètre de constructions occupées sans droit ni titre constituant un secteur d’habitat informel. 179. En troisième lieu, d’une part, l’évacuation et la destruction de ces constructions ne peuvent être ordonnées par le représentant de l’État dans le département que lorsqu’elles présentent des risques graves pour la salubrité, la sécurité ou la tranquillité publiques. 180. D’autre part, le représentant de l’État dans le département ne peut prescrire une telle mesure qu’après un rapport motivé établi par les services chargés de l’hygiène et de la sécurité. 181. En outre, une proposition de relogement ou d’hébergement d’urgence doit être annexée à l’arrêté préfectoral. Si les dispositions contestées permettent au préfet, jusqu’au 13 décembre 2034,
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Loi de programmation pour la refondation de Mayotte
de valeur constitutionnelle de sauvegarde de l’ordre public. 177. En deuxième lieu, les dispositions contestées ne concernent que des locaux ou installations qui, relevant de l’habitat informel au sens du deuxième alinéa de l’article 1-1 de la loi du 31 mai 1990, sont dénués d’alimentation en eau potable ou de réseaux de collecte des eaux usées et des eaux pluviales, ou de voiries ou d’équipements collectifs propres à en assurer la desserte, la salubrité et la sécurité dans des conditions satisfaisantes. 178. Par ailleurs, en visant de tels locaux ou installations qui forment un ensemble homogène sur un ou plusieurs terrains d’assiette, le législateur a limité l’application de ces dispositions aux regroupements dans un même périmètre de constructions occupées sans droit ni titre constituant un secteur d’habitat informel. 179. En troisième lieu, d’une part, l’évacuation et la destruction de ces constructions ne peuvent être ordonnées par le représentant de l’État dans le département que lorsqu’elles présentent des risques graves pour la salubrité, la sécurité ou la tranquillité publiques. 180. D’autre part, le représentant de l’État dans le département ne peut prescrire une telle mesure qu’après un rapport motivé établi par les services chargés de l’hygiène et de la sécurité. 181. En outre, une proposition de relogement ou d’hébergement d’urgence doit être annexée à l’arrêté préfectoral. Si les dispositions contestées permettent au préfet, jusqu’au 13 décembre 2034,
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CONSTEXT000052086231_59
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CONSTEXT000052086231
| 59 |
927815726e4e1b51
|
DC
|
Conformité - réserve
|
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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181. En outre, une proposition de relogement ou d’hébergement d’urgence doit être annexée à l’arrêté préfectoral. Si les dispositions contestées permettent au préfet, jusqu’au 13 décembre 2034, correspondant au dixième anniversaire du passage du cyclone Chido à Mayotte, de déroger à cette obligation, de manière motivée, compte tenu des circonstances locales, elles ne sauraient toutefois, sauf à méconnaître les exigences constitutionnelles précitées, autoriser une telle dérogation qu’en cas d’impossibilité matérielle établie par l’administration et résultant des conséquences de cet événement climatique. 182. En dernier lieu, d’une part, l’arrêté du préfet est notifié à l’occupant, ainsi qu’au propriétaire, le cas échéant par voie d’affichage en mairie et sur la façade des lieux concernés lorsque celui-ci n’a pas pu être identifié. 183. Par ailleurs, d’autre part, les obligations d’évacuer et de démolir les locaux et installations concernés ne peuvent faire l’objet d’une exécution d’office avant l’expiration du délai d’au moins quinze jours accordé aux occupants et aux propriétaires pour y procéder volontairement. 184. Enfin, la procédure peut être contestée, dans ce même délai, par un recours suspensif devant le tribunal administratif.185. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe 181, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les autres droits et libertés. Les griefs
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Loi de programmation pour la refondation de Mayotte
181. En outre, une proposition de relogement ou d’hébergement d’urgence doit être annexée à l’arrêté préfectoral. Si les dispositions contestées permettent au préfet, jusqu’au 13 décembre 2034, correspondant au dixième anniversaire du passage du cyclone Chido à Mayotte, de déroger à cette obligation, de manière motivée, compte tenu des circonstances locales, elles ne sauraient toutefois, sauf à méconnaître les exigences constitutionnelles précitées, autoriser une telle dérogation qu’en cas d’impossibilité matérielle établie par l’administration et résultant des conséquences de cet événement climatique. 182. En dernier lieu, d’une part, l’arrêté du préfet est notifié à l’occupant, ainsi qu’au propriétaire, le cas échéant par voie d’affichage en mairie et sur la façade des lieux concernés lorsque celui-ci n’a pas pu être identifié. 183. Par ailleurs, d’autre part, les obligations d’évacuer et de démolir les locaux et installations concernés ne peuvent faire l’objet d’une exécution d’office avant l’expiration du délai d’au moins quinze jours accordé aux occupants et aux propriétaires pour y procéder volontairement. 184. Enfin, la procédure peut être contestée, dans ce même délai, par un recours suspensif devant le tribunal administratif.185. Il résulte de ce qui précède que, sous la réserve énoncée au paragraphe 181, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les autres droits et libertés. Les griefs
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CONSTEXT000052086231_60
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CONSTEXT000052086231
| 60 |
ba578aa2fa4046d5
|
DC
|
Conformité - réserve
|
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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la réserve énoncée au paragraphe 181, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les autres droits et libertés. Les griefs tirés de la méconnaissance du droit au respect de la vie privée, du principe de l’inviolabilité du domicile, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent, doivent donc être écartés. 186. Par conséquent, le paragraphe I de l’article 11-2 de la loi du 23 juin 2011 ainsi que, sous la réserve énoncée au paragraphe 181, le paragraphe II de l’article 18 de la loi déférée, 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.. En ce qui concerne le paragraphe II de l’article 11-2 de la loi du 23 juin 2011 : 187. En application des dispositions contestées, lorsqu’il est constaté, par procès-verbal, qu’une construction a été édifiée depuis moins de sept jours sans droit ni titre dans un secteur d’habitat informel, le représentant de l’État dans le département peut, par arrêté, ordonner au propriétaire de procéder à sa démolition dans un délai de vingt-quatre heures à compter de la notification de l’acte.188. En premier lieu, en adoptant ces dispositions, le législateur a entendu permettre au préfet de mettre fin en urgence à un habitat informel illicite de construction récente. Ce
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Loi de programmation pour la refondation de Mayotte
la réserve énoncée au paragraphe 181, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les autres droits et libertés. Les griefs tirés de la méconnaissance du droit au respect de la vie privée, du principe de l’inviolabilité du domicile, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent, doivent donc être écartés. 186. Par conséquent, le paragraphe I de l’article 11-2 de la loi du 23 juin 2011 ainsi que, sous la réserve énoncée au paragraphe 181, le paragraphe II de l’article 18 de la loi déférée, 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.. En ce qui concerne le paragraphe II de l’article 11-2 de la loi du 23 juin 2011 : 187. En application des dispositions contestées, lorsqu’il est constaté, par procès-verbal, qu’une construction a été édifiée depuis moins de sept jours sans droit ni titre dans un secteur d’habitat informel, le représentant de l’État dans le département peut, par arrêté, ordonner au propriétaire de procéder à sa démolition dans un délai de vingt-quatre heures à compter de la notification de l’acte.188. En premier lieu, en adoptant ces dispositions, le législateur a entendu permettre au préfet de mettre fin en urgence à un habitat informel illicite de construction récente. Ce
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CONSTEXT000052086231_61
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CONSTEXT000052086231
| 61 |
3a2b38a9604791e7
|
DC
|
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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de l’acte.188. En premier lieu, en adoptant ces dispositions, le législateur a entendu permettre au préfet de mettre fin en urgence à un habitat informel illicite de construction récente. Ce faisant, ainsi qu’il a été dit au paragraphe 176, il a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public. 189. En second lieu, d’une part, une telle mesure est soumise aux mêmes conditions que celles énoncées aux paragraphes 177 à 179 et les occupants et propriétaires bénéficient des mêmes garanties que celles mentionnées aux paragraphes 182 et 184. 190. D’autre part, cette mesure ne peut être ordonnée que lorsque la construction sans droit ni titre édifiée depuis moins de sept jours dans un secteur d’habitat informel a été constatée par procès-verbal par un agent public assermenté et habilité. 191. En outre, en présence d’un occupant, un délai d’au moins quinze jours est accordé à celui-ci pour évacuer spontanément les lieux. L’arrêté du préfet ne peut faire l’objet d’une exécution d’office avant l’expiration de ce délai. 192. Dès lors, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les exigences constitutionnelles précitées. Les griefs tirés de la méconnaissance du droit au respect de la vie privée et du principe de l’inviolabilité du domicile doivent ainsi être écartés. 193. Par conséquent, le paragraphe II de l’article 11-2 de la loi du 23 juin 2011, qui ne méconnaît aucune autre
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Loi de programmation pour la refondation de Mayotte
de l’acte.188. En premier lieu, en adoptant ces dispositions, le législateur a entendu permettre au préfet de mettre fin en urgence à un habitat informel illicite de construction récente. Ce faisant, ainsi qu’il a été dit au paragraphe 176, il a poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public. 189. En second lieu, d’une part, une telle mesure est soumise aux mêmes conditions que celles énoncées aux paragraphes 177 à 179 et les occupants et propriétaires bénéficient des mêmes garanties que celles mentionnées aux paragraphes 182 et 184. 190. D’autre part, cette mesure ne peut être ordonnée que lorsque la construction sans droit ni titre édifiée depuis moins de sept jours dans un secteur d’habitat informel a été constatée par procès-verbal par un agent public assermenté et habilité. 191. En outre, en présence d’un occupant, un délai d’au moins quinze jours est accordé à celui-ci pour évacuer spontanément les lieux. L’arrêté du préfet ne peut faire l’objet d’une exécution d’office avant l’expiration de ce délai. 192. Dès lors, le législateur a opéré une conciliation qui n’est pas déséquilibrée entre la nécessité de sauvegarder l’ordre public et les exigences constitutionnelles précitées. Les griefs tirés de la méconnaissance du droit au respect de la vie privée et du principe de l’inviolabilité du domicile doivent ainsi être écartés. 193. Par conséquent, le paragraphe II de l’article 11-2 de la loi du 23 juin 2011, qui ne méconnaît aucune autre
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CONSTEXT000052086231_62
|
CONSTEXT000052086231
| 62 |
a18a8fe8443cf179
|
DC
|
Conformité - réserve
|
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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vie privée et du principe de l’inviolabilité du domicile doivent ainsi être écartés. 193. Par conséquent, le paragraphe II de l’article 11-2 de la loi du 23 juin 2011, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution. - Sur certaines dispositions de l’article 19 :194. L’article 19 insère, au sein du chapitre II du titre IV du livre III du code de la sécurité intérieure relatif aux dispositions particulières à Mayotte, une nouvelle section intitulée « Visites et saisies » et comprenant les articles L. 342-2 à L. 342-8. Ces dispositions prévoient un régime spécifique à Mayotte de visite aux fins de saisie des armes et objets dangereux dans le but de prévenir des troubles graves à l’ordre public.195. Les députés auteurs de la deuxième saisine reprochent à ces dispositions d’instituer un dispositif dérogatoire de visite domiciliaire qui ne serait ni nécessaire, compte tenu du régime de droit commun de la perquisition, ni proportionné, eu égard tant à son champ d’application qu’à l’absence, à Mayotte, de risque particulier d’atteinte à l’ordre public lié à la présence d’armes. Il en résulterait une atteinte disproportionnée au principe de l’inviolabilité du domicile ainsi que, pour les mêmes motifs, au principe d’égalité devant la loi.. En ce qui concerne le grief tiré de la méconnaissance du principe de l’inviolabilité du domicile : 196. La liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie
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Loi de programmation pour la refondation de Mayotte
vie privée et du principe de l’inviolabilité du domicile doivent ainsi être écartés. 193. Par conséquent, le paragraphe II de l’article 11-2 de la loi du 23 juin 2011, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution. - Sur certaines dispositions de l’article 19 :194. L’article 19 insère, au sein du chapitre II du titre IV du livre III du code de la sécurité intérieure relatif aux dispositions particulières à Mayotte, une nouvelle section intitulée « Visites et saisies » et comprenant les articles L. 342-2 à L. 342-8. Ces dispositions prévoient un régime spécifique à Mayotte de visite aux fins de saisie des armes et objets dangereux dans le but de prévenir des troubles graves à l’ordre public.195. Les députés auteurs de la deuxième saisine reprochent à ces dispositions d’instituer un dispositif dérogatoire de visite domiciliaire qui ne serait ni nécessaire, compte tenu du régime de droit commun de la perquisition, ni proportionné, eu égard tant à son champ d’application qu’à l’absence, à Mayotte, de risque particulier d’atteinte à l’ordre public lié à la présence d’armes. Il en résulterait une atteinte disproportionnée au principe de l’inviolabilité du domicile ainsi que, pour les mêmes motifs, au principe d’égalité devant la loi.. En ce qui concerne le grief tiré de la méconnaissance du principe de l’inviolabilité du domicile : 196. La liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie
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CONSTEXT000052086231_63
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CONSTEXT000052086231
| 63 |
7e68aacc8ca306d6
|
DC
|
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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qui concerne le grief tiré de la méconnaissance du principe de l’inviolabilité du domicile : 196. La liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie privée et, en particulier, de l’inviolabilité du domicile. 197. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public et la recherche des auteurs d’infractions, toutes deux nécessaires à la sauvegarde de droits et de principes de valeur constitutionnelle, et, d’autre part, l’exercice de ces droits et libertés constitutionnellement garantis. 198. Les articles L. 342-2 à L. 342-8 du code de la sécurité intérieure instituent un régime de visite aux fins de saisie d’armes et objets dangereux à des fins de prévention de troubles graves à l’ordre public résultant de violences commises sous la menace ou avec usage d’une arme. En particulier, l’article L. 342-2 définit les conditions dans lesquelles ces visites et saisies peuvent être autorisées par le juge des libertés et de la détention. L’article L. 342-3 détermine les modalités de mise en œuvre de ces visites domiciliaires. L’article L. 342-4 prévoit les conditions dans lesquelles la décision du juge autorisant ces visites et saisies peut être contestée.199. En premier lieu, il ressort des travaux préparatoires qu’en créant un régime propre à Mayotte de visite domiciliaire aux fins de saisie d’armes, le législateur a entendu permettre d’y prévenir des troubles graves à
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Loi de programmation pour la refondation de Mayotte
qui concerne le grief tiré de la méconnaissance du principe de l’inviolabilité du domicile : 196. La liberté proclamée par l’article 2 de la Déclaration de 1789 implique le droit au respect de la vie privée et, en particulier, de l’inviolabilité du domicile. 197. Il incombe au législateur d’assurer la conciliation entre, d’une part, la prévention des atteintes à l’ordre public et la recherche des auteurs d’infractions, toutes deux nécessaires à la sauvegarde de droits et de principes de valeur constitutionnelle, et, d’autre part, l’exercice de ces droits et libertés constitutionnellement garantis. 198. Les articles L. 342-2 à L. 342-8 du code de la sécurité intérieure instituent un régime de visite aux fins de saisie d’armes et objets dangereux à des fins de prévention de troubles graves à l’ordre public résultant de violences commises sous la menace ou avec usage d’une arme. En particulier, l’article L. 342-2 définit les conditions dans lesquelles ces visites et saisies peuvent être autorisées par le juge des libertés et de la détention. L’article L. 342-3 détermine les modalités de mise en œuvre de ces visites domiciliaires. L’article L. 342-4 prévoit les conditions dans lesquelles la décision du juge autorisant ces visites et saisies peut être contestée.199. En premier lieu, il ressort des travaux préparatoires qu’en créant un régime propre à Mayotte de visite domiciliaire aux fins de saisie d’armes, le législateur a entendu permettre d’y prévenir des troubles graves à
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CONSTEXT000052086231_64
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CONSTEXT000052086231
| 64 |
2f5bf3710a8fa9ed
|
DC
|
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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il ressort des travaux préparatoires qu’en créant un régime propre à Mayotte de visite domiciliaire aux fins de saisie d’armes, le législateur a entendu permettre d’y prévenir des troubles graves à l’ordre public face à une recrudescence de groupements violents dans les secteurs d’habitat informel. Ce faisant, il a poursuivi l’objectif de valeur constitutionnelle de prévention des atteintes à l’ordre public.200. En deuxième lieu, d’une part, en vertu des dispositions contestées de l’article L. 342-2 du code de la sécurité intérieure, les visites et les saisies concernées ne peuvent être autorisées que si les circonstances font craindre des troubles graves à l’ordre public résultant de violences commises sous la menace ou avec usage d’une arme. 201. D’autre part, elles sont applicables à tout lieu lorsqu’il existe des raisons sérieuses de penser qu’il est fréquenté par une personne susceptible de participer à ces troubles. Toutefois, ces dispositions ne sauraient, sauf à méconnaître les exigences constitutionnelles précitées, permettre une visite d’un lieu qu’à la condition qu’il existe des raisons sérieuses de penser que le comportement de la personne qui s’y trouve constitue une menace pour la sécurité et l’ordre publics.202. En outre, la visite ne peut être autorisée qu’aux seules fins de saisie, en vue de leur destruction, d’armes, de munitions ou de leurs éléments relevant des catégories A à D ainsi que des objets susceptibles de constituer une arme dangereuse pour la
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Loi de programmation pour la refondation de Mayotte
il ressort des travaux préparatoires qu’en créant un régime propre à Mayotte de visite domiciliaire aux fins de saisie d’armes, le législateur a entendu permettre d’y prévenir des troubles graves à l’ordre public face à une recrudescence de groupements violents dans les secteurs d’habitat informel. Ce faisant, il a poursuivi l’objectif de valeur constitutionnelle de prévention des atteintes à l’ordre public.200. En deuxième lieu, d’une part, en vertu des dispositions contestées de l’article L. 342-2 du code de la sécurité intérieure, les visites et les saisies concernées ne peuvent être autorisées que si les circonstances font craindre des troubles graves à l’ordre public résultant de violences commises sous la menace ou avec usage d’une arme. 201. D’autre part, elles sont applicables à tout lieu lorsqu’il existe des raisons sérieuses de penser qu’il est fréquenté par une personne susceptible de participer à ces troubles. Toutefois, ces dispositions ne sauraient, sauf à méconnaître les exigences constitutionnelles précitées, permettre une visite d’un lieu qu’à la condition qu’il existe des raisons sérieuses de penser que le comportement de la personne qui s’y trouve constitue une menace pour la sécurité et l’ordre publics.202. En outre, la visite ne peut être autorisée qu’aux seules fins de saisie, en vue de leur destruction, d’armes, de munitions ou de leurs éléments relevant des catégories A à D ainsi que des objets susceptibles de constituer une arme dangereuse pour la
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CONSTEXT000052086231_65
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CONSTEXT000052086231
| 65 |
76b9554a3f61cf10
|
DC
|
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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seules fins de saisie, en vue de leur destruction, d’armes, de munitions ou de leurs éléments relevant des catégories A à D ainsi que des objets susceptibles de constituer une arme dangereuse pour la sécurité publique.203. En troisième lieu, le législateur a soumis ces visites et saisies à l’autorisation préalable du juge des libertés et de la détention, qui doit être saisi par une requête motivée du préfet et statuer par une ordonnance écrite et motivée, après avis du procureur de la République. Cette ordonnance précise notamment les lieux visés ainsi que les agents habilités à cette fin et prévoit la faculté pour l’occupant ou son représentant de faire appel à un conseil de son choix.204. Dans ce cadre, d’une part, ces visites et saisies ne peuvent concerner ni les lieux affectés à l’exercice d’un mandat parlementaire ou à l’activité professionnelle des avocats, des magistrats ou des journalistes, ni les domiciles des personnes concernées. 205. D’autre part, lorsque le lieu visé par la visite est enclavé et inaccessible depuis la voie publique du fait de la présence de locaux constituant un habitat informel, ces derniers ne peuvent être traversés que sur autorisation du juge et aux seules fins de rejoindre le lieu de la visite. 206. En outre, la visite est effectuée en présence de l’occupant ou de son représentant, qui peut se faire assister d’un conseil de son choix. En son absence, les agents ne peuvent procéder à la visite qu’en présence de deux témoins qui ne sont pas
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Loi de programmation pour la refondation de Mayotte
seules fins de saisie, en vue de leur destruction, d’armes, de munitions ou de leurs éléments relevant des catégories A à D ainsi que des objets susceptibles de constituer une arme dangereuse pour la sécurité publique.203. En troisième lieu, le législateur a soumis ces visites et saisies à l’autorisation préalable du juge des libertés et de la détention, qui doit être saisi par une requête motivée du préfet et statuer par une ordonnance écrite et motivée, après avis du procureur de la République. Cette ordonnance précise notamment les lieux visés ainsi que les agents habilités à cette fin et prévoit la faculté pour l’occupant ou son représentant de faire appel à un conseil de son choix.204. Dans ce cadre, d’une part, ces visites et saisies ne peuvent concerner ni les lieux affectés à l’exercice d’un mandat parlementaire ou à l’activité professionnelle des avocats, des magistrats ou des journalistes, ni les domiciles des personnes concernées. 205. D’autre part, lorsque le lieu visé par la visite est enclavé et inaccessible depuis la voie publique du fait de la présence de locaux constituant un habitat informel, ces derniers ne peuvent être traversés que sur autorisation du juge et aux seules fins de rejoindre le lieu de la visite. 206. En outre, la visite est effectuée en présence de l’occupant ou de son représentant, qui peut se faire assister d’un conseil de son choix. En son absence, les agents ne peuvent procéder à la visite qu’en présence de deux témoins qui ne sont pas
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CONSTEXT000052086231_66
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CONSTEXT000052086231
| 66 |
8123e7e74ec342e0
|
DC
|
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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de l’occupant ou de son représentant, qui peut se faire assister d’un conseil de son choix. En son absence, les agents ne peuvent procéder à la visite qu’en présence de deux témoins qui ne sont pas placés sous leur autorité. Cette visite ne peut par ailleurs être commencée avant 6 heures ni après 21 heures, sauf autorisation expresse du juge fondée sur l’urgence ou les nécessités de l’opération.207. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 208. Il résulte de tout ce qui précède que, sous la réserve énoncée au paragraphe 201, le législateur a ainsi assuré une conciliation qui n’est pas déséquilibrée entre les exigences constitutionnelles précitées.. En ce qui concerne le grief tiré de la méconnaissance du principe d’égalité devant la loi : 209. 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.210. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de
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Loi de programmation pour la refondation de Mayotte
de l’occupant ou de son représentant, qui peut se faire assister d’un conseil de son choix. En son absence, les agents ne peuvent procéder à la visite qu’en présence de deux témoins qui ne sont pas placés sous leur autorité. Cette visite ne peut par ailleurs être commencée avant 6 heures ni après 21 heures, sauf autorisation expresse du juge fondée sur l’urgence ou les nécessités de l’opération.207. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 208. Il résulte de tout ce qui précède que, sous la réserve énoncée au paragraphe 201, le législateur a ainsi assuré une conciliation qui n’est pas déséquilibrée entre les exigences constitutionnelles précitées.. En ce qui concerne le grief tiré de la méconnaissance du principe d’égalité devant la loi : 209. 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.210. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de
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CONSTEXT000052086231_67
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CONSTEXT000052086231
| 67 |
1e6a9255054f3819
|
DC
|
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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l’objet de la loi qui l’établit.210. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».211. En prévoyant un régime de visite domiciliaire aux fins de saisie d’armes qui lui est spécifique, les dispositions contestées instituent une différence de traitement entre les personnes vivant à Mayotte et celles qui résident sur le reste du territoire de la République.212. En premier lieu, les circonstances décrites au paragraphe 199 constituent des « caractéristiques et contraintes particulières » de nature à permettre au législateur, afin de lutter contre les groupements armés à Mayotte, d’y adapter, dans une certaine mesure, les règles relatives aux visites et saisies. 213. En adoptant les dispositions contestées, le législateur a entendu tenir compte de ce que la présence et la circulation d’armes, et notamment d’armes blanches, pouvaient être facilitées à Mayotte par l’importance des secteurs d’habitat informel rendant les lieux concernés plus difficiles d’accès.214. En second lieu, en application de ces dispositions, les visites et saisies concernées demeurent soumises à l’autorisation de l’autorité judiciaire, gardienne de la liberté individuelle, et le déroulement des mesures autorisées est assorti de garanties procédurales appropriées.
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Loi de programmation pour la refondation de Mayotte
l’objet de la loi qui l’établit.210. Aux termes du premier alinéa de l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ».211. En prévoyant un régime de visite domiciliaire aux fins de saisie d’armes qui lui est spécifique, les dispositions contestées instituent une différence de traitement entre les personnes vivant à Mayotte et celles qui résident sur le reste du territoire de la République.212. En premier lieu, les circonstances décrites au paragraphe 199 constituent des « caractéristiques et contraintes particulières » de nature à permettre au législateur, afin de lutter contre les groupements armés à Mayotte, d’y adapter, dans une certaine mesure, les règles relatives aux visites et saisies. 213. En adoptant les dispositions contestées, le législateur a entendu tenir compte de ce que la présence et la circulation d’armes, et notamment d’armes blanches, pouvaient être facilitées à Mayotte par l’importance des secteurs d’habitat informel rendant les lieux concernés plus difficiles d’accès.214. En second lieu, en application de ces dispositions, les visites et saisies concernées demeurent soumises à l’autorisation de l’autorité judiciaire, gardienne de la liberté individuelle, et le déroulement des mesures autorisées est assorti de garanties procédurales appropriées.
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CONSTEXT000052086231_68
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CONSTEXT000052086231
| 68 |
c019723215a608a8
|
DC
|
Conformité - réserve
|
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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demeurent soumises à l’autorisation de l’autorité judiciaire, gardienne de la liberté individuelle, et le déroulement des mesures autorisées est assorti de garanties procédurales appropriées. 215. Ainsi, en instituant à Mayotte un régime dérogatoire de visite aux fins de saisie d’armes ou objets dangereux, ces dispositions instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi.216. Dès lors, le législateur n’a pas méconnu le principe d’égalité devant la loi. Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté.217. Par conséquent, sous la réserve énoncée au paragraphe 201, le premier alinéa de l’article L. 342-2 du code de la sécurité intérieure est conforme à la Constitution.- Sur certaines dispositions de l’article 21 :218. L’article 21 insère un nouvel article 900-2 au sein du code de procédure pénale afin de permettre, à Mayotte, à la police judiciaire d’accéder, sous certaines conditions, aux locaux à usage professionnel situés dans un secteur d’habitat informel en vue d’y mener des opérations dans le cadre de la lutte contre le travail illégal.219. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de permettre à la police judiciaire de s’introduire dans des locaux qui constituent des domiciles. En autorisant un tel accès
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Loi de programmation pour la refondation de Mayotte
demeurent soumises à l’autorisation de l’autorité judiciaire, gardienne de la liberté individuelle, et le déroulement des mesures autorisées est assorti de garanties procédurales appropriées. 215. Ainsi, en instituant à Mayotte un régime dérogatoire de visite aux fins de saisie d’armes ou objets dangereux, ces dispositions instaurent une différence de traitement qui ne dépasse pas la mesure des adaptations susceptibles d’être justifiées par les caractéristiques et contraintes particulières propres à cette collectivité et qui est en rapport avec l’objet de la loi.216. Dès lors, le législateur n’a pas méconnu le principe d’égalité devant la loi. Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté.217. Par conséquent, sous la réserve énoncée au paragraphe 201, le premier alinéa de l’article L. 342-2 du code de la sécurité intérieure est conforme à la Constitution.- Sur certaines dispositions de l’article 21 :218. L’article 21 insère un nouvel article 900-2 au sein du code de procédure pénale afin de permettre, à Mayotte, à la police judiciaire d’accéder, sous certaines conditions, aux locaux à usage professionnel situés dans un secteur d’habitat informel en vue d’y mener des opérations dans le cadre de la lutte contre le travail illégal.219. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de permettre à la police judiciaire de s’introduire dans des locaux qui constituent des domiciles. En autorisant un tel accès
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CONSTEXT000052086231_69
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CONSTEXT000052086231
| 69 |
01c53959017bdc49
|
DC
|
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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Les députés auteurs de la deuxième saisine reprochent à ces dispositions de permettre à la police judiciaire de s’introduire dans des locaux qui constituent des domiciles. En autorisant un tel accès pour une période de quinze jours sans condition tenant aux nécessités de l’enquête ou à un trouble à l’ordre public et par une décision du juge qui n’est pas susceptible d’un recours suspensif, elles porteraient, selon eux, une atteinte disproportionnée au principe de l’inviolabilité du domicile. 220. Il incombe au législateur d’assurer la conciliation entre, d’une part, l’objectif de valeur constitutionnelle de recherche des auteurs d’infractions et, d’autre part, l’exercice des droits et libertés constitutionnellement garantis, au nombre desquels figurent le droit au respect de la vie privée et le principe de l’inviolabilité du domicile garantis par l’article 2 de la Déclaration de 1789.221. L’article 78-2-1 du code de procédure pénale habilite, sous certaines conditions, la police judiciaire à entrer dans les lieux à usage professionnel ainsi que dans leurs annexes et dépendances, sauf s’ils constituent un domicile, en vue de s’assurer que les activités qui y sont exercées ont donné lieu à immatriculation ainsi qu’aux déclarations exigées par les organismes de protection sociale et l’administration fiscale.222. Par dérogation, à Mayotte, les dispositions contestées permettent à la police judiciaire, sur autorisation du juge des libertés et de la détention, d’accéder à des
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Loi de programmation pour la refondation de Mayotte
Les députés auteurs de la deuxième saisine reprochent à ces dispositions de permettre à la police judiciaire de s’introduire dans des locaux qui constituent des domiciles. En autorisant un tel accès pour une période de quinze jours sans condition tenant aux nécessités de l’enquête ou à un trouble à l’ordre public et par une décision du juge qui n’est pas susceptible d’un recours suspensif, elles porteraient, selon eux, une atteinte disproportionnée au principe de l’inviolabilité du domicile. 220. Il incombe au législateur d’assurer la conciliation entre, d’une part, l’objectif de valeur constitutionnelle de recherche des auteurs d’infractions et, d’autre part, l’exercice des droits et libertés constitutionnellement garantis, au nombre desquels figurent le droit au respect de la vie privée et le principe de l’inviolabilité du domicile garantis par l’article 2 de la Déclaration de 1789.221. L’article 78-2-1 du code de procédure pénale habilite, sous certaines conditions, la police judiciaire à entrer dans les lieux à usage professionnel ainsi que dans leurs annexes et dépendances, sauf s’ils constituent un domicile, en vue de s’assurer que les activités qui y sont exercées ont donné lieu à immatriculation ainsi qu’aux déclarations exigées par les organismes de protection sociale et l’administration fiscale.222. Par dérogation, à Mayotte, les dispositions contestées permettent à la police judiciaire, sur autorisation du juge des libertés et de la détention, d’accéder à des
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CONSTEXT000052086231_70
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CONSTEXT000052086231
| 70 |
62d42a4a51321136
|
DC
|
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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et l’administration fiscale.222. Par dérogation, à Mayotte, les dispositions contestées permettent à la police judiciaire, sur autorisation du juge des libertés et de la détention, d’accéder à des locaux constituant un habitat informel aux fins de mener de telles opérations dans des lieux à usage professionnel.223. Eu égard à la nécessité de lutter contre le travail illégal et aux spécificités tenant au développement à Mayotte d’activités informelles favorisées par l’immigration irrégulière, le législateur a pu étendre la possibilité d’opérer de telles visites à des lieux à usage professionnel se trouvant dans un secteur d’habitat informel, dès lors que le déroulement des mesures autorisées est assorti de garanties procédurales appropriées.224. En premier lieu, le législateur a limité l’application des dispositions contestées aux seuls lieux à usage professionnel situés dans un périmètre qui comporte des locaux et des installations édifiés sans droit ni titre constituant un habitat informel et formant un ensemble homogène sur un ou plusieurs terrains d’assiette. 225. En deuxième lieu, en application de ces dispositions, d’une part, les officiers de police judiciaire et, sur leur ordre ou sous leur responsabilité, les agents de police judiciaire et agents de police judiciaire adjoints ne peuvent être autorisés qu’à traverser les locaux qui enclavent des lieux à usage professionnel, puis à entrer dans ces lieux y compris lorsqu’ils constituent un habitat informel. D’autre
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Loi de programmation pour la refondation de Mayotte
et l’administration fiscale.222. Par dérogation, à Mayotte, les dispositions contestées permettent à la police judiciaire, sur autorisation du juge des libertés et de la détention, d’accéder à des locaux constituant un habitat informel aux fins de mener de telles opérations dans des lieux à usage professionnel.223. Eu égard à la nécessité de lutter contre le travail illégal et aux spécificités tenant au développement à Mayotte d’activités informelles favorisées par l’immigration irrégulière, le législateur a pu étendre la possibilité d’opérer de telles visites à des lieux à usage professionnel se trouvant dans un secteur d’habitat informel, dès lors que le déroulement des mesures autorisées est assorti de garanties procédurales appropriées.224. En premier lieu, le législateur a limité l’application des dispositions contestées aux seuls lieux à usage professionnel situés dans un périmètre qui comporte des locaux et des installations édifiés sans droit ni titre constituant un habitat informel et formant un ensemble homogène sur un ou plusieurs terrains d’assiette. 225. En deuxième lieu, en application de ces dispositions, d’une part, les officiers de police judiciaire et, sur leur ordre ou sous leur responsabilité, les agents de police judiciaire et agents de police judiciaire adjoints ne peuvent être autorisés qu’à traverser les locaux qui enclavent des lieux à usage professionnel, puis à entrer dans ces lieux y compris lorsqu’ils constituent un habitat informel. D’autre
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CONSTEXT000052086231_71
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CONSTEXT000052086231
| 71 |
514b1797b7dcb4b2
|
DC
|
Conformité - réserve
|
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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adjoints ne peuvent être autorisés qu’à traverser les locaux qui enclavent des lieux à usage professionnel, puis à entrer dans ces lieux y compris lorsqu’ils constituent un habitat informel. D’autre part, un tel accès est autorisé aux seules fins de procéder aux opérations mentionnées ci-dessus et pour la seule recherche des infractions visées aux articles L. 5221-8, L. 5221-11, L. 8221-1, L. 8221-2 et L. 8251-1 du code du travail. Par ailleurs, la même autorisation ne peut être donnée qu’à des fonctionnaires et agents des administrations et services publics auxquels des lois spéciales attribuent des pouvoirs de police judiciaire en matière de lutte contre le travail illégal.226. En troisième lieu, d’une part, cet accès, qui doit être requis par le procureur de la République, est soumis à l’autorisation préalable du juge des libertés et de la détention, lequel indique, dans son ordonnance, les lieux et locaux autorisés, les agents habilités à cette fin, les heures auxquelles les opérations peuvent avoir lieu, ainsi que la faculté pour l’occupant ou son représentant de faire appel à un conseil de son choix. 227. D’autre part, la visite se déroule en présence de l’occupant ou, à défaut, en présence de deux témoins. Ces témoins ne sauraient être placés sous l’autorité des agents en charge de la visite. 228. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 229.
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Loi de programmation pour la refondation de Mayotte
adjoints ne peuvent être autorisés qu’à traverser les locaux qui enclavent des lieux à usage professionnel, puis à entrer dans ces lieux y compris lorsqu’ils constituent un habitat informel. D’autre part, un tel accès est autorisé aux seules fins de procéder aux opérations mentionnées ci-dessus et pour la seule recherche des infractions visées aux articles L. 5221-8, L. 5221-11, L. 8221-1, L. 8221-2 et L. 8251-1 du code du travail. Par ailleurs, la même autorisation ne peut être donnée qu’à des fonctionnaires et agents des administrations et services publics auxquels des lois spéciales attribuent des pouvoirs de police judiciaire en matière de lutte contre le travail illégal.226. En troisième lieu, d’une part, cet accès, qui doit être requis par le procureur de la République, est soumis à l’autorisation préalable du juge des libertés et de la détention, lequel indique, dans son ordonnance, les lieux et locaux autorisés, les agents habilités à cette fin, les heures auxquelles les opérations peuvent avoir lieu, ainsi que la faculté pour l’occupant ou son représentant de faire appel à un conseil de son choix. 227. D’autre part, la visite se déroule en présence de l’occupant ou, à défaut, en présence de deux témoins. Ces témoins ne sauraient être placés sous l’autorité des agents en charge de la visite. 228. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 229.
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CONSTEXT000052086231_72
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CONSTEXT000052086231
| 72 |
30da5c23a5014950
|
DC
|
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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en charge de la visite. 228. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 229. Dès lors, eu égard aux garanties procédurales instituées, le législateur a assuré une conciliation qui n’est pas déséquilibrée entre les exigences constitutionnelles précitées. 230. Par conséquent, le paragraphe I de l’article 900-2 du code de procédure pénale, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 23 :231. Le paragraphe I de l’article 23 habilite le Gouvernement à prendre par ordonnances certaines mesures relevant du domaine de la loi visant à rendre applicable à Mayotte, sous réserve d’adaptations, la législation en vigueur en matière sociale. 232. Les députés auteurs de la deuxième saisine soutiennent que, faute de contraindre le Gouvernement à prendre ces ordonnances et, en particulier, de préciser la date de convergence envisagée pour permettre l’alignement du droit en vigueur à Mayotte avec celui applicable dans le reste du territoire, cette habilitation ne satisferait pas aux exigences de précision découlant de l’article 38 de la Constitution. Elle méconnaîtrait ainsi, selon eux, les principes d’indivisibilité de la République et d’égalité devant la loi. 233. Ils font en outre valoir qu’en excluant l’aide médicale de l’État du champ de l’habilitation, ces dispositions
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Loi de programmation pour la refondation de Mayotte
en charge de la visite. 228. En dernier lieu, la personne intéressée peut former appel de l’ordonnance du juge des libertés et de la détention devant le président de la chambre de l’instruction. 229. Dès lors, eu égard aux garanties procédurales instituées, le législateur a assuré une conciliation qui n’est pas déséquilibrée entre les exigences constitutionnelles précitées. 230. Par conséquent, le paragraphe I de l’article 900-2 du code de procédure pénale, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 23 :231. Le paragraphe I de l’article 23 habilite le Gouvernement à prendre par ordonnances certaines mesures relevant du domaine de la loi visant à rendre applicable à Mayotte, sous réserve d’adaptations, la législation en vigueur en matière sociale. 232. Les députés auteurs de la deuxième saisine soutiennent que, faute de contraindre le Gouvernement à prendre ces ordonnances et, en particulier, de préciser la date de convergence envisagée pour permettre l’alignement du droit en vigueur à Mayotte avec celui applicable dans le reste du territoire, cette habilitation ne satisferait pas aux exigences de précision découlant de l’article 38 de la Constitution. Elle méconnaîtrait ainsi, selon eux, les principes d’indivisibilité de la République et d’égalité devant la loi. 233. Ils font en outre valoir qu’en excluant l’aide médicale de l’État du champ de l’habilitation, ces dispositions
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CONSTEXT000052086231_73
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CONSTEXT000052086231
| 73 |
bd0cf9aeef77e1ff
|
DC
|
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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eux, les principes d’indivisibilité de la République et d’égalité devant la loi. 233. Ils font en outre valoir qu’en excluant l’aide médicale de l’État du champ de l’habilitation, ces dispositions méconnaîtraient le droit à la protection de la santé. 234. En premier lieu, aux termes du premier alinéa de l’article 38 de la Constitution : « Le Gouvernement peut, pour l’exécution de son programme, demander au Parlement l’autorisation de prendre par ordonnances, pendant un délai limité, des mesures qui sont normalement du domaine de la loi ». Cette disposition fait obligation au Gouvernement d’indiquer avec précision au Parlement, afin de justifier la demande qu’il présente, la finalité des mesures qu’il se propose de prendre par voie d’ordonnances ainsi que leur domaine d’intervention. Toutefois, elle n’impose pas au Gouvernement de faire connaître au Parlement la teneur des ordonnances qu’il prendra en vertu de cette habilitation.235. Les dispositions d’une loi d’habilitation ne sauraient, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, méconnaître une règle ou un principe de valeur constitutionnelle. En outre, elles ne sauraient avoir pour objet ou pour effet de dispenser le Gouvernement, dans l’exercice des pouvoirs qui lui sont conférés en application 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
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Loi de programmation pour la refondation de Mayotte
eux, les principes d’indivisibilité de la République et d’égalité devant la loi. 233. Ils font en outre valoir qu’en excluant l’aide médicale de l’État du champ de l’habilitation, ces dispositions méconnaîtraient le droit à la protection de la santé. 234. En premier lieu, aux termes du premier alinéa de l’article 38 de la Constitution : « Le Gouvernement peut, pour l’exécution de son programme, demander au Parlement l’autorisation de prendre par ordonnances, pendant un délai limité, des mesures qui sont normalement du domaine de la loi ». Cette disposition fait obligation au Gouvernement d’indiquer avec précision au Parlement, afin de justifier la demande qu’il présente, la finalité des mesures qu’il se propose de prendre par voie d’ordonnances ainsi que leur domaine d’intervention. Toutefois, elle n’impose pas au Gouvernement de faire connaître au Parlement la teneur des ordonnances qu’il prendra en vertu de cette habilitation.235. Les dispositions d’une loi d’habilitation ne sauraient, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, méconnaître une règle ou un principe de valeur constitutionnelle. En outre, elles ne sauraient avoir pour objet ou pour effet de dispenser le Gouvernement, dans l’exercice des pouvoirs qui lui sont conférés en application 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
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CONSTEXT000052086231_75
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CONSTEXT000052086231
| 75 |
e8ee7571f9034176
|
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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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 contestées ne saurait autoriser le Gouvernement à prendre des mesures relevant du domaine exclusif de la loi de finances ou de la loi de financement de la sécurité sociale.238. En second lieu, aux termes du onzième alinéa du Préambule de la Constitution de 1946, la Nation « garantit à tous, notamment à l’enfant, à la mère et aux vieux travailleurs, la protection de la santé... ».239. Selon l’article L. 251-1 du code de l’action sociale et des familles, l’aide médicale de l’État bénéficie aux personnes étrangères en situation irrégulière qui résident en France de manière ininterrompue depuis plus de trois mois et dont les ressources ne dépassent pas un plafond fixé par décret. En application de l’article L. 542-5 du même code, cette aide n’est pas applicable à Mayotte. 240. La seule circonstance de ne pas inclure dans le champ de l’habilitation, au nombre des prestations sociales dont la convergence est envisagée, l’aide médicale de l’État, ne constitue pas, par elle-même, une atteinte au droit à la protection de la santé résultant du onzième alinéa du Préambule de la Constitution de 1946. Par suite, les dispositions contestées ne sont, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, contraires à ce droit. Elles ne sauraient avoir pour objet ou pour
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Loi de programmation pour la refondation de Mayotte
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 contestées ne saurait autoriser le Gouvernement à prendre des mesures relevant du domaine exclusif de la loi de finances ou de la loi de financement de la sécurité sociale.238. En second lieu, aux termes du onzième alinéa du Préambule de la Constitution de 1946, la Nation « garantit à tous, notamment à l’enfant, à la mère et aux vieux travailleurs, la protection de la santé... ».239. Selon l’article L. 251-1 du code de l’action sociale et des familles, l’aide médicale de l’État bénéficie aux personnes étrangères en situation irrégulière qui résident en France de manière ininterrompue depuis plus de trois mois et dont les ressources ne dépassent pas un plafond fixé par décret. En application de l’article L. 542-5 du même code, cette aide n’est pas applicable à Mayotte. 240. La seule circonstance de ne pas inclure dans le champ de l’habilitation, au nombre des prestations sociales dont la convergence est envisagée, l’aide médicale de l’État, ne constitue pas, par elle-même, une atteinte au droit à la protection de la santé résultant du onzième alinéa du Préambule de la Constitution de 1946. Par suite, les dispositions contestées ne sont, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, contraires à ce droit. Elles ne sauraient avoir pour objet ou pour
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CONSTEXT000052086231_76
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CONSTEXT000052086231
| 76 |
083c5f18ab62ac25
|
DC
|
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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1946. Par suite, les dispositions contestées ne sont, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, contraires à ce droit. Elles ne sauraient avoir pour objet ou pour effet de dispenser le Gouvernement, dans l’exercice des pouvoirs qui lui sont conférés en vertu de l’article 38 de la Constitution, de respecter ce même droit. Le grief tiré de sa méconnaissance doit donc être écarté. 241. Par conséquent, le paragraphe I de l’article 23 de la loi déférée, qui ne méconnaît pas non plus le principe d’égalité devant la loi, ni le principe d’indivisibilité de la République, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur l’article 25 :242. L’article 25 prévoit le relèvement du montant du salaire minimum de croissance net à Mayotte. 243. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de méconnaître les principes d’indivisibilité de la République et d’égalité devant la loi. 244. 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.245. Selon l’article 73 de la Constitution : « Dans les départements et
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Loi de programmation pour la refondation de Mayotte
1946. Par suite, les dispositions contestées ne sont, ni par elles-mêmes, ni par les conséquences qui en découlent nécessairement, contraires à ce droit. Elles ne sauraient avoir pour objet ou pour effet de dispenser le Gouvernement, dans l’exercice des pouvoirs qui lui sont conférés en vertu de l’article 38 de la Constitution, de respecter ce même droit. Le grief tiré de sa méconnaissance doit donc être écarté. 241. Par conséquent, le paragraphe I de l’article 23 de la loi déférée, qui ne méconnaît pas non plus le principe d’égalité devant la loi, ni le principe d’indivisibilité de la République, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur l’article 25 :242. L’article 25 prévoit le relèvement du montant du salaire minimum de croissance net à Mayotte. 243. Les députés auteurs de la deuxième saisine reprochent à ces dispositions de méconnaître les principes d’indivisibilité de la République et d’égalité devant la loi. 244. 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.245. Selon l’article 73 de la Constitution : « Dans les départements et
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CONSTEXT000052086231_77
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CONSTEXT000052086231
| 77 |
d62ba31fb1384238
|
DC
|
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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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.245. Selon l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ». 246. Selon l’article L. 3423-2 du code du travail, le salaire minimum de croissance de Mayotte est fixé chaque année compte tenu de la situation économique locale. En application de ces dispositions, le montant du salaire minimum de croissance net à Mayotte s’établissait, au 1er novembre 2024, à 85 % du montant fixé sur le reste du territoire national. 247. Les dispositions contestées prévoient que le montant du salaire minimum de croissance net à Mayotte est relevé, à compter du 1er janvier 2026, pour atteindre 87,5 % de sa valeur applicable en métropole, en Guadeloupe, en Guyane, en Martinique, à La Réunion, à Saint-Barthélemy, à Saint-Martin et à Saint-Pierre-et-Miquelon. 248. Il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu assurer une convergence à moyen terme du montant du salaire minimum de croissance net à Mayotte avec celui applicable sur le reste du territoire national, sans mettre en difficulté les entreprises mahoraises. 249. Compte tenu des spécificités de la situation économique à Mayotte, il a pu maintenir, pour cette
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Loi de programmation pour la refondation de Mayotte
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.245. Selon l’article 73 de la Constitution : « Dans les départements et les régions d’outre-mer, les lois et règlements sont applicables de plein droit. Ils peuvent faire l’objet d’adaptations tenant aux caractéristiques et contraintes particulières de ces collectivités ». 246. Selon l’article L. 3423-2 du code du travail, le salaire minimum de croissance de Mayotte est fixé chaque année compte tenu de la situation économique locale. En application de ces dispositions, le montant du salaire minimum de croissance net à Mayotte s’établissait, au 1er novembre 2024, à 85 % du montant fixé sur le reste du territoire national. 247. Les dispositions contestées prévoient que le montant du salaire minimum de croissance net à Mayotte est relevé, à compter du 1er janvier 2026, pour atteindre 87,5 % de sa valeur applicable en métropole, en Guadeloupe, en Guyane, en Martinique, à La Réunion, à Saint-Barthélemy, à Saint-Martin et à Saint-Pierre-et-Miquelon. 248. Il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu assurer une convergence à moyen terme du montant du salaire minimum de croissance net à Mayotte avec celui applicable sur le reste du territoire national, sans mettre en difficulté les entreprises mahoraises. 249. Compte tenu des spécificités de la situation économique à Mayotte, il a pu maintenir, pour cette
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CONSTEXT000052086231_78
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CONSTEXT000052086231
| 78 |
acd67132a1cd38ed
|
DC
|
Conformité - réserve
|
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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sur le reste du territoire national, sans mettre en difficulté les entreprises mahoraises. 249. Compte tenu des spécificités de la situation économique à Mayotte, il a pu maintenir, pour cette collectivité, un montant distinct, dans une certaine mesure, de celui applicable sur le reste du territoire national.250. Ainsi, en fixant le montant du salaire minimum de croissance net à Mayotte à 87,5 % de sa valeur applicable en métropole, les dispositions contestées instaurent une différence de traitement qui tient compte des caractéristiques et contraintes particulières propres à cette collectivité, et qui est en rapport avec l’objet de la loi. Dès lors, le grief tiré de la méconnaissance du principe d’égalité devant la loi doit être écarté. 251. Par conséquent, l’article 25 de la loi déférée, qui ne méconnaît pas non plus le principe d’indivisibilité de la République, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 49 :252. L’article 49 insère notamment les articles L. 558-9-2 à L. 558-9-4 au sein du code électoral afin de prévoir que l’assemblée de Mayotte, qui remplace le conseil départemental, est composée de cinquante-deux conseillers élus selon un scrutin de liste dans une circonscription électorale unique constituée de treize sections.253. Le Premier ministre demande au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de ces dispositions au regard du principe de pluralisme des
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Loi de programmation pour la refondation de Mayotte
sur le reste du territoire national, sans mettre en difficulté les entreprises mahoraises. 249. Compte tenu des spécificités de la situation économique à Mayotte, il a pu maintenir, pour cette collectivité, un montant distinct, dans une certaine mesure, de celui applicable sur le reste du territoire national.250. Ainsi, en fixant le montant du salaire minimum de croissance net à Mayotte à 87,5 % de sa valeur applicable en métropole, les dispositions contestées instaurent une différence de traitement qui tient compte des caractéristiques et contraintes particulières propres à cette collectivité, et qui est en rapport avec l’objet de la loi. Dès lors, le grief tiré de la méconnaissance du principe d’égalité devant la loi doit être écarté. 251. Par conséquent, l’article 25 de la loi déférée, qui ne méconnaît pas non plus le principe d’indivisibilité de la République, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 49 :252. L’article 49 insère notamment les articles L. 558-9-2 à L. 558-9-4 au sein du code électoral afin de prévoir que l’assemblée de Mayotte, qui remplace le conseil départemental, est composée de cinquante-deux conseillers élus selon un scrutin de liste dans une circonscription électorale unique constituée de treize sections.253. Le Premier ministre demande au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de ces dispositions au regard du principe de pluralisme des
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CONSTEXT000052086231_79
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CONSTEXT000052086231
| 79 |
f51d91ce7c78714b
|
DC
|
Conformité - réserve
|
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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de treize sections.253. Le Premier ministre demande au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de ces dispositions au regard du principe de pluralisme des courants d’idées et d’opinions.. En ce qui concerne le principe de l’égalité devant le suffrage : 254. Il résulte des articles 1er, 24 et 72 de la Constitution que l’organe délibérant d’une collectivité territoriale doit être élu sur des bases essentiellement démographiques selon une répartition des sièges et une délimitation des circonscriptions respectant au mieux l’égalité devant le suffrage. S’il ne s’ensuit pas que la répartition des sièges doive être nécessairement proportionnelle à la population de chaque circonscription ou section électorale ni qu’il ne puisse être tenu compte d’autres impératifs d’intérêt général, ces considérations ne peuvent toutefois intervenir que dans une mesure limitée.255. Selon le troisième alinéa de l’article 3 de la Constitution, le suffrage « est toujours universel, égal et secret ». L’article 6 de la Déclaration de 1789 dispose que la loi « doit être la même pour tous, soit qu’elle protège, soit qu’elle punisse ».256. Les dispositions contestées de l’article 49 insèrent un nouveau titre II bis au sein du livre VI bis du code électoral relatif à l’élection des conseillers à l’assemblée de Mayotte. Selon le nouvel article L. 558-9-2, cette assemblée est composée de cinquante-deux membres. Le nouvel article L. 558-9-3 prévoit par ailleurs que Mayotte
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Loi de programmation pour la refondation de Mayotte
de treize sections.253. Le Premier ministre demande au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de ces dispositions au regard du principe de pluralisme des courants d’idées et d’opinions.. En ce qui concerne le principe de l’égalité devant le suffrage : 254. Il résulte des articles 1er, 24 et 72 de la Constitution que l’organe délibérant d’une collectivité territoriale doit être élu sur des bases essentiellement démographiques selon une répartition des sièges et une délimitation des circonscriptions respectant au mieux l’égalité devant le suffrage. S’il ne s’ensuit pas que la répartition des sièges doive être nécessairement proportionnelle à la population de chaque circonscription ou section électorale ni qu’il ne puisse être tenu compte d’autres impératifs d’intérêt général, ces considérations ne peuvent toutefois intervenir que dans une mesure limitée.255. Selon le troisième alinéa de l’article 3 de la Constitution, le suffrage « est toujours universel, égal et secret ». L’article 6 de la Déclaration de 1789 dispose que la loi « doit être la même pour tous, soit qu’elle protège, soit qu’elle punisse ».256. Les dispositions contestées de l’article 49 insèrent un nouveau titre II bis au sein du livre VI bis du code électoral relatif à l’élection des conseillers à l’assemblée de Mayotte. Selon le nouvel article L. 558-9-2, cette assemblée est composée de cinquante-deux membres. Le nouvel article L. 558-9-3 prévoit par ailleurs que Mayotte
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CONSTEXT000052086231_80
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CONSTEXT000052086231
| 80 |
0dfa79b82c2cfa52
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
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2025-894
|
2025-08-07
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des conseillers à l’assemblée de Mayotte. Selon le nouvel article L. 558-9-2, cette assemblée est composée de cinquante-deux membres. Le nouvel article L. 558-9-3 prévoit par ailleurs que Mayotte forme une circonscription électorale unique, composée de treize sections. 257. D’une part, le nombre de sièges est réparti entre les sections, par le représentant de l’État, au plus tard le 15 janvier de l’année du renouvellement de l’assemblée de Mayotte, en fonction du dernier chiffre authentifié de la population de chaque section, à la représentation proportionnelle à la plus forte moyenne. 258. D’autre part, en fixant la représentation minimale de chaque section à deux sièges, le législateur a entendu assurer une représentation équilibrée des différentes parties du territoire de Mayotte au sein de l’assemblée.259. En outre, le rapport du nombre de sièges de chaque section à leur population ne s’écarte pas de la moyenne dans une mesure qui serait manifestement disproportionnée.260. Dès lors, ces dispositions ne méconnaissent pas le principe d’égalité devant le suffrage.. En ce qui concerne le pluralisme des courants d’idées et d’opinions : 261. Aux termes du troisième alinéa de l’article 4 de la Constitution : « La loi garantit les expressions pluralistes des opinions et la participation équitable des partis et groupements politiques à la vie démocratique de la Nation ». Le principe du pluralisme des courants d’idées et d’opinions est un fondement de la démocratie.262. S’il est
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Loi de programmation pour la refondation de Mayotte
des conseillers à l’assemblée de Mayotte. Selon le nouvel article L. 558-9-2, cette assemblée est composée de cinquante-deux membres. Le nouvel article L. 558-9-3 prévoit par ailleurs que Mayotte forme une circonscription électorale unique, composée de treize sections. 257. D’une part, le nombre de sièges est réparti entre les sections, par le représentant de l’État, au plus tard le 15 janvier de l’année du renouvellement de l’assemblée de Mayotte, en fonction du dernier chiffre authentifié de la population de chaque section, à la représentation proportionnelle à la plus forte moyenne. 258. D’autre part, en fixant la représentation minimale de chaque section à deux sièges, le législateur a entendu assurer une représentation équilibrée des différentes parties du territoire de Mayotte au sein de l’assemblée.259. En outre, le rapport du nombre de sièges de chaque section à leur population ne s’écarte pas de la moyenne dans une mesure qui serait manifestement disproportionnée.260. Dès lors, ces dispositions ne méconnaissent pas le principe d’égalité devant le suffrage.. En ce qui concerne le pluralisme des courants d’idées et d’opinions : 261. Aux termes du troisième alinéa de l’article 4 de la Constitution : « La loi garantit les expressions pluralistes des opinions et la participation équitable des partis et groupements politiques à la vie démocratique de la Nation ». Le principe du pluralisme des courants d’idées et d’opinions est un fondement de la démocratie.262. S’il est
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CONSTEXT000052086231_81
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CONSTEXT000052086231
| 81 |
8e6019744728617e
|
DC
|
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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équitable des partis et groupements politiques à la vie démocratique de la Nation ». Le principe du pluralisme des courants d’idées et d’opinions est un fondement de la démocratie.262. S’il est loisible au législateur, lorsqu’il fixe les règles électorales, d’arrêter des modalités tendant à favoriser la constitution d’une majorité stable et cohérente, toute règle qui, au regard de cet objectif, affecterait l’égalité entre électeurs ou candidats dans une mesure disproportionnée, méconnaîtrait le principe du pluralisme des courants d’idées et d’opinions, qui est un fondement de la démocratie.263. Le nouvel article L. 558-9-4 du code électoral prévoit que l’élection des conseillers à l’assemblée de Mayotte a lieu au scrutin de liste à deux tours. Chaque liste est constituée de treize sections et comprend un nombre égal au nombre de sièges dans chaque section, augmenté de deux par section. En outre, treize sièges, répartis à raison d’un siège pour chaque section, sont attribués à la liste ayant recueilli la majorité absolue des suffrages exprimés au premier tour ou, si aucune liste n’a recueilli la majorité absolue des suffrages exprimés au premier tour, à celle ayant recueilli la majorité des suffrages exprimés au second tour. Les autres sièges sont répartis, au sein de chaque section, entre toutes les listes ayant obtenu au moins 5 % des suffrages exprimés sur l’ensemble de la circonscription, au prorata des voix obtenues par chaque liste dans la section, à la représentation
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Loi de programmation pour la refondation de Mayotte
équitable des partis et groupements politiques à la vie démocratique de la Nation ». Le principe du pluralisme des courants d’idées et d’opinions est un fondement de la démocratie.262. S’il est loisible au législateur, lorsqu’il fixe les règles électorales, d’arrêter des modalités tendant à favoriser la constitution d’une majorité stable et cohérente, toute règle qui, au regard de cet objectif, affecterait l’égalité entre électeurs ou candidats dans une mesure disproportionnée, méconnaîtrait le principe du pluralisme des courants d’idées et d’opinions, qui est un fondement de la démocratie.263. Le nouvel article L. 558-9-4 du code électoral prévoit que l’élection des conseillers à l’assemblée de Mayotte a lieu au scrutin de liste à deux tours. Chaque liste est constituée de treize sections et comprend un nombre égal au nombre de sièges dans chaque section, augmenté de deux par section. En outre, treize sièges, répartis à raison d’un siège pour chaque section, sont attribués à la liste ayant recueilli la majorité absolue des suffrages exprimés au premier tour ou, si aucune liste n’a recueilli la majorité absolue des suffrages exprimés au premier tour, à celle ayant recueilli la majorité des suffrages exprimés au second tour. Les autres sièges sont répartis, au sein de chaque section, entre toutes les listes ayant obtenu au moins 5 % des suffrages exprimés sur l’ensemble de la circonscription, au prorata des voix obtenues par chaque liste dans la section, à la représentation
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CONSTEXT000052086231_82
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CONSTEXT000052086231
| 82 |
c89d8f3ca4b68d77
|
DC
|
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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entre toutes les listes ayant obtenu au moins 5 % des suffrages exprimés sur l’ensemble de la circonscription, au prorata des voix obtenues par chaque liste dans la section, à la représentation proportionnelle suivant la règle de la plus forte moyenne.264. En premier lieu, il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a poursuivi un double objectif. D’une part, en remplaçant le scrutin binominal majoritaire par un scrutin de liste à la représentation proportionnelle, il a entendu favoriser la représentation, au sein de l’assemblée de Mayotte, des principaux courants d’idées et d’opinions exprimés sur ce territoire. D’autre part, en prévoyant que Mayotte forme une circonscription électorale unique, composée de treize sections, il a en outre entendu assurer une représentation équilibrée des différentes parties du territoire du département au sein de l’assemblée. Ce faisant, il a poursuivi un objectif d’intérêt général.265. En second lieu, eu égard au nombre de sections prévu par le nouvel article L. 558-9-3 du code électoral, l’attribution d’un siège par section à la liste arrivée en tête au sein de la circonscription peut avoir pour incidence, dans les sections comportant un nombre réduit de sièges, de favoriser l’attribution de l’ensemble des sièges de la section à une même liste.266. Toutefois, un tel effet n’est susceptible de concerner qu’un nombre limité de sections, compte tenu du nombre total de conseillers de l’assemblée de
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Loi de programmation pour la refondation de Mayotte
entre toutes les listes ayant obtenu au moins 5 % des suffrages exprimés sur l’ensemble de la circonscription, au prorata des voix obtenues par chaque liste dans la section, à la représentation proportionnelle suivant la règle de la plus forte moyenne.264. En premier lieu, il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a poursuivi un double objectif. D’une part, en remplaçant le scrutin binominal majoritaire par un scrutin de liste à la représentation proportionnelle, il a entendu favoriser la représentation, au sein de l’assemblée de Mayotte, des principaux courants d’idées et d’opinions exprimés sur ce territoire. D’autre part, en prévoyant que Mayotte forme une circonscription électorale unique, composée de treize sections, il a en outre entendu assurer une représentation équilibrée des différentes parties du territoire du département au sein de l’assemblée. Ce faisant, il a poursuivi un objectif d’intérêt général.265. En second lieu, eu égard au nombre de sections prévu par le nouvel article L. 558-9-3 du code électoral, l’attribution d’un siège par section à la liste arrivée en tête au sein de la circonscription peut avoir pour incidence, dans les sections comportant un nombre réduit de sièges, de favoriser l’attribution de l’ensemble des sièges de la section à une même liste.266. Toutefois, un tel effet n’est susceptible de concerner qu’un nombre limité de sections, compte tenu du nombre total de conseillers de l’assemblée de
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CONSTEXT000052086231_83
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CONSTEXT000052086231
| 83 |
2d080639d78e3550
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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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des sièges de la section à une même liste.266. Toutefois, un tel effet n’est susceptible de concerner qu’un nombre limité de sections, compte tenu du nombre total de conseillers de l’assemblée de Mayotte et de la répartition des sièges entre les différentes sections en fonction de la population.267. Par ailleurs, l’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Il ne lui appartient donc pas de rechercher si l’objectif que s’est assigné le législateur aurait pu être atteint par d’autres voies, dès lors que les modalités retenues ne sont pas manifestement inappropriées à l’objectif poursuivi.268. Il résulte de ce qui précède qu’en instituant un scrutin de liste pour l’élection des conseillers de l’assemblée de Mayotte et en prévoyant une circonscription unique, composée de treize sections, le législateur a retenu des modalités qui ne portent pas au principe du pluralisme des courants d’idées et d’opinions une atteinte manifestement excessive au regard de l’objectif recherché. Dès lors, ces dispositions ne méconnaissent pas cette exigence constitutionnelle. 269. Par conséquent, les articles L. 558-9-2 à L. 558-9-4 du code électoral, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution. - Sur les autres dispositions :270. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne
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Loi de programmation pour la refondation de Mayotte
des sièges de la section à une même liste.266. Toutefois, un tel effet n’est susceptible de concerner qu’un nombre limité de sections, compte tenu du nombre total de conseillers de l’assemblée de Mayotte et de la répartition des sièges entre les différentes sections en fonction de la population.267. Par ailleurs, l’article 61 de la Constitution ne confère pas au Conseil constitutionnel un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Il ne lui appartient donc pas de rechercher si l’objectif que s’est assigné le législateur aurait pu être atteint par d’autres voies, dès lors que les modalités retenues ne sont pas manifestement inappropriées à l’objectif poursuivi.268. Il résulte de ce qui précède qu’en instituant un scrutin de liste pour l’élection des conseillers de l’assemblée de Mayotte et en prévoyant une circonscription unique, composée de treize sections, le législateur a retenu des modalités qui ne portent pas au principe du pluralisme des courants d’idées et d’opinions une atteinte manifestement excessive au regard de l’objectif recherché. Dès lors, ces dispositions ne méconnaissent pas cette exigence constitutionnelle. 269. Par conséquent, les articles L. 558-9-2 à L. 558-9-4 du code électoral, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution. - Sur les autres dispositions :270. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne
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CONSTEXT000052086231_84
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CONSTEXT000052086231
| 84 |
4ba03f1692c86339
|
DC
|
Conformité - réserve
|
Loi de programmation pour la refondation de Mayotte
|
2025-894
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2025-08-07
|
exigence constitutionnelle, sont conformes à la Constitution. - Sur les autres dispositions :270. 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.
|
Loi de programmation pour la refondation de Mayotte
exigence constitutionnelle, sont conformes à la Constitution. - Sur les autres dispositions :270. 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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CONSTEXT000052086231_85
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CONSTEXT000052086231
| 85 |
b47fa80fe8990d2e
|
DC
|
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
|
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous les réserves énoncées ci-dessous, sont conformes à la Constitution les dispositions suivantes : - aux paragraphes 15 et 17, le 1° AA, les mots « et, à la fin, les mots : “, sans que soit opposable la condition prévue à l’article L. 412-1” sont supprimés » figurant au 8° bis, ainsi que les 8° ter, 8° quater et 10° bis de l’article L. 441-7 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 ;- au paragraphe 181, le paragraphe II de l’article 18 de la loi déférée ;- au paragraphe 201, le premier alinéa de l’article L. 342-2 du code de la sécurité intérieure, dans sa rédaction issue de l’article 19 de la loi déférée. Article 2. - Sont conformes à la Constitution les dispositions suivantes :- le 13° bis de l’article L. 441-7 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction issue de l’article 8 de la loi déférée ;- le premier alinéa de l’article 2496 du code civil, dans sa rédaction issue de l’article 9 de la loi déférée ;- l’article 2497 du code civil, dans sa rédaction issue de l’article 10 de la loi déférée ;- les mots « 75 000 euros » figurant à la première phrase du premier alinéa de l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 11 de la loi déférée ;- le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des
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Loi de programmation pour la refondation de Mayotte
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sous les réserves énoncées ci-dessous, sont conformes à la Constitution les dispositions suivantes : - aux paragraphes 15 et 17, le 1° AA, les mots « et, à la fin, les mots : “, sans que soit opposable la condition prévue à l’article L. 412-1” sont supprimés » figurant au 8° bis, ainsi que les 8° ter, 8° quater et 10° bis de l’article L. 441-7 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 ;- au paragraphe 181, le paragraphe II de l’article 18 de la loi déférée ;- au paragraphe 201, le premier alinéa de l’article L. 342-2 du code de la sécurité intérieure, dans sa rédaction issue de l’article 19 de la loi déférée. Article 2. - Sont conformes à la Constitution les dispositions suivantes :- le 13° bis de l’article L. 441-7 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction issue de l’article 8 de la loi déférée ;- le premier alinéa de l’article 2496 du code civil, dans sa rédaction issue de l’article 9 de la loi déférée ;- l’article 2497 du code civil, dans sa rédaction issue de l’article 10 de la loi déférée ;- les mots « 75 000 euros » figurant à la première phrase du premier alinéa de l’article L. 823-11 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 11 de la loi déférée ;- le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des
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CONSTEXT000052086231_86
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CONSTEXT000052086231
| 86 |
14472b7f86c5049d
|
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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code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 11 de la loi déférée ;- le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 14 de la loi déférée ; - l’article L. 441-10 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction issue de l’article 15 de la loi déférée ;- les articles L. 561-10-5 et L. 574-7 du code monétaire et financier, dans leur rédaction issue de l’article 17 de la loi déférée ;- les paragraphes I et II de l’article 11-2 de la loi n° 2011-725 du 23 juin 2011 portant dispositions particulières relatives aux quartiers d’habitat informel et à la lutte contre l’habitat indigne dans les départements et régions d’outre-mer, dans sa rédaction issue de l’article 18 de la loi déférée ;- le paragraphe I de l’article 900-2 du code de procédure pénale, dans sa rédaction issue de l’article 21 de la loi déférée ;- le paragraphe I de l’article 23 de la loi déférée ;- l’article 25 de la loi déférée ;- les articles L. 558-9-2 à L. 558-9-4 du code électoral, dans leur rédaction issue de l’article 49 de la loi déférée. Article 3. - Cette décision sera publiée au Journal officiel de la République française.
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Loi de programmation pour la refondation de Mayotte
code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 11 de la loi déférée ;- le 5° bis de l’article L. 761-8 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction résultant de l’article 14 de la loi déférée ; - l’article L. 441-10 du code de l’entrée et du séjour des étrangers et du droit d’asile, dans sa rédaction issue de l’article 15 de la loi déférée ;- les articles L. 561-10-5 et L. 574-7 du code monétaire et financier, dans leur rédaction issue de l’article 17 de la loi déférée ;- les paragraphes I et II de l’article 11-2 de la loi n° 2011-725 du 23 juin 2011 portant dispositions particulières relatives aux quartiers d’habitat informel et à la lutte contre l’habitat indigne dans les départements et régions d’outre-mer, dans sa rédaction issue de l’article 18 de la loi déférée ;- le paragraphe I de l’article 900-2 du code de procédure pénale, dans sa rédaction issue de l’article 21 de la loi déférée ;- le paragraphe I de l’article 23 de la loi déférée ;- l’article 25 de la loi déférée ;- les articles L. 558-9-2 à L. 558-9-4 du code électoral, dans leur rédaction issue de l’article 49 de la loi déférée. Article 3. - Cette décision sera publiée au Journal officiel de la République française.
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CONSTEXT000052086211_1
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CONSTEXT000052086211
| 1 |
bc6cab52b890912a
|
QPC
|
Conformité
|
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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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 propriété intellectuelle ;- la loi n° 90-1052 du 26 novembre 1990 relative à la propriété industrielle ;- l’ordonnance n° 2023-77 du 8 février 2023 relative à l’exercice en société des professions libérales réglementées, prise sur le fondement de l’habilitation prévue à l’article 7 de la loi n° 2022-172 du 14 février 2022 en faveur de l’activité professionnelle indépendante, dont le délai est expiré ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour la Compagnie nationale des conseils en propriété intellectuelle, intervenante à l’instance à l’occasion de laquelle la question prioritaire de constitutionnalité a été posée, par Me Bertrand Warusfel, avocat au barreau de Paris, enregistrées le 3 juin 2025 ;- les observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 4 juin 2025 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, enregistrées le 18 juin 2025 ; - les secondes observations présentées pour la Compagnie
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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]
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 propriété intellectuelle ;- la loi n° 90-1052 du 26 novembre 1990 relative à la propriété industrielle ;- l’ordonnance n° 2023-77 du 8 février 2023 relative à l’exercice en société des professions libérales réglementées, prise sur le fondement de l’habilitation prévue à l’article 7 de la loi n° 2022-172 du 14 février 2022 en faveur de l’activité professionnelle indépendante, dont le délai est expiré ;- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;Au vu des pièces suivantes :- les observations présentées pour la Compagnie nationale des conseils en propriété intellectuelle, intervenante à l’instance à l’occasion de laquelle la question prioritaire de constitutionnalité a été posée, par Me Bertrand Warusfel, avocat au barreau de Paris, enregistrées le 3 juin 2025 ;- les observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, avocat au Conseil d’État et à la Cour de cassation, enregistrées le 4 juin 2025 ; - les observations présentées par le Premier ministre, enregistrées le même jour ;- les secondes observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, enregistrées le 18 juin 2025 ; - les secondes observations présentées pour la Compagnie
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CONSTEXT000052086211_2
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CONSTEXT000052086211
| 2 |
3d9be1611e97a864
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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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les secondes observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, enregistrées le 18 juin 2025 ; - les secondes observations présentées pour la Compagnie nationale des conseils en propriété intellectuelle par Me Warusfel, enregistrées le même jour ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Cédric Uzan-Sarano, avocat au Conseil d’État et à la Cour de cassation, pour la société requérante, Me Warusfel, pour la Compagnie nationale des conseils en propriété intellectuelle, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 17 juillet 2025 ;Au vu des pièces suivantes :- la note en délibéré présentée par le Premier ministre, enregistrée le 18 juillet 2025 ;- la note en délibéré présentée pour l’intervenante par Me Warusfel, enregistrée le même jour ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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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]
les secondes observations présentées pour la société requérante par la SCP Rocheteau, Uzan-Sarano et Goulet, enregistrées le 18 juin 2025 ; - les secondes observations présentées pour la Compagnie nationale des conseils en propriété intellectuelle par Me Warusfel, enregistrées le même jour ;- les autres pièces produites et jointes au dossier ;Après avoir entendu Me Cédric Uzan-Sarano, avocat au Conseil d’État et à la Cour de cassation, pour la société requérante, Me Warusfel, pour la Compagnie nationale des conseils en propriété intellectuelle, et M. Benoît Camguilhem, désigné par le Premier ministre, à l’audience publique du 17 juillet 2025 ;Au vu des pièces suivantes :- la note en délibéré présentée par le Premier ministre, enregistrée le 18 juillet 2025 ;- la note en délibéré présentée pour l’intervenante par Me Warusfel, enregistrée le même jour ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086211_3
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CONSTEXT000052086211
| 3 |
500c6b286317d652
|
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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1. Le 3° de l’article 131 de l’ordonnance du 8 février 2023 mentionnée ci-dessus prévoit qu’est abrogé :« Le deuxième alinéa de l’article L. 422-3 du code de la propriété intellectuelle ». 2. Le a du paragraphe II de l’article 134 de la même ordonnance prévoit :« Les sociétés exerçant les activités mentionnées à l’article L. 422-1 du code de la propriété intellectuelle disposent d’un délai d’un an à compter de l’entrée en vigueur de la présente ordonnance pour se mettre en conformité avec les conditions édictées au 2° de l’article L. 422-7 du même code. À défaut de se mettre en conformité, ces sociétés seront radiées, par le directeur de l’Institut national de la protection industrielle, de la liste mentionnée à l’article L. 422-1 du même code ». 3. Selon la société requérante, en abrogeant la dérogation à la règle selon laquelle le capital social des sociétés exerçant l’activité de conseil en propriété industrielle doit être majoritairement détenu par des membres de la profession, et en imposant aux sociétés qui bénéficiaient jusqu’alors de cette dérogation de se mettre en conformité avec une telle règle, ces dispositions imposeraient aux actionnaires tiers à cette profession une cession forcée de leurs parts sociales. Faute de prévoir des garanties suffisantes assurant, en particulier, à ces actionnaires la cession de leurs parts sociales à leur valeur réelle, ces dispositions porteraient une atteinte disproportionnée au droit de propriété garanti par l’article 2 de la
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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]
1. Le 3° de l’article 131 de l’ordonnance du 8 février 2023 mentionnée ci-dessus prévoit qu’est abrogé :« Le deuxième alinéa de l’article L. 422-3 du code de la propriété intellectuelle ». 2. Le a du paragraphe II de l’article 134 de la même ordonnance prévoit :« Les sociétés exerçant les activités mentionnées à l’article L. 422-1 du code de la propriété intellectuelle disposent d’un délai d’un an à compter de l’entrée en vigueur de la présente ordonnance pour se mettre en conformité avec les conditions édictées au 2° de l’article L. 422-7 du même code. À défaut de se mettre en conformité, ces sociétés seront radiées, par le directeur de l’Institut national de la protection industrielle, de la liste mentionnée à l’article L. 422-1 du même code ». 3. Selon la société requérante, en abrogeant la dérogation à la règle selon laquelle le capital social des sociétés exerçant l’activité de conseil en propriété industrielle doit être majoritairement détenu par des membres de la profession, et en imposant aux sociétés qui bénéficiaient jusqu’alors de cette dérogation de se mettre en conformité avec une telle règle, ces dispositions imposeraient aux actionnaires tiers à cette profession une cession forcée de leurs parts sociales. Faute de prévoir des garanties suffisantes assurant, en particulier, à ces actionnaires la cession de leurs parts sociales à leur valeur réelle, ces dispositions porteraient une atteinte disproportionnée au droit de propriété garanti par l’article 2 de la
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CONSTEXT000052086211_4
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CONSTEXT000052086211
| 4 |
4a182e231165ff14
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QPC
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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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particulier, à ces actionnaires la cession de leurs parts sociales à leur valeur réelle, ces dispositions porteraient une atteinte disproportionnée au droit de propriété garanti par l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789.4. La société requérante soutient en outre que, pour les mêmes motifs, ces dispositions seraient contraires à la liberté d’entreprendre et à la garantie des droits.5. Enfin, selon elle, ces dispositions seraient entachées d’incompétence négative dans des conditions affectant les exigences constitutionnelles précitées.6. Par conséquent, la question prioritaire de constitutionnalité porte sur le 3° de l’article 131 de l’ordonnance du 8 février 2023 ainsi que sur la première phrase du a du paragraphe II de l’article 134 de la même ordonnance.7. La propriété figure au nombre des droits de l’homme consacrés par les articles 2 et 17 de la Déclaration de 1789. Aux termes de son article 17 : « La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n’est lorsque la nécessité publique, légalement constatée, l’exige évidemment, et sous la condition d’une juste et préalable indemnité ». En l’absence de privation du droit de propriété au sens de cet article, il résulte néanmoins de l’article 2 de la Déclaration de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.8. En application de l’article L. 422-1 du code de la
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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]
particulier, à ces actionnaires la cession de leurs parts sociales à leur valeur réelle, ces dispositions porteraient une atteinte disproportionnée au droit de propriété garanti par l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789.4. La société requérante soutient en outre que, pour les mêmes motifs, ces dispositions seraient contraires à la liberté d’entreprendre et à la garantie des droits.5. Enfin, selon elle, ces dispositions seraient entachées d’incompétence négative dans des conditions affectant les exigences constitutionnelles précitées.6. Par conséquent, la question prioritaire de constitutionnalité porte sur le 3° de l’article 131 de l’ordonnance du 8 février 2023 ainsi que sur la première phrase du a du paragraphe II de l’article 134 de la même ordonnance.7. La propriété figure au nombre des droits de l’homme consacrés par les articles 2 et 17 de la Déclaration de 1789. Aux termes de son article 17 : « La propriété étant un droit inviolable et sacré, nul ne peut en être privé, si ce n’est lorsque la nécessité publique, légalement constatée, l’exige évidemment, et sous la condition d’une juste et préalable indemnité ». En l’absence de privation du droit de propriété au sens de cet article, il résulte néanmoins de l’article 2 de la Déclaration de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.8. En application de l’article L. 422-1 du code de la
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CONSTEXT000052086211_5
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CONSTEXT000052086211
| 5 |
66ffbb8cc6bd3537
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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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de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.8. En application de l’article L. 422-1 du code de la propriété intellectuelle, l’exercice de la profession réglementée de conseil en propriété industrielle est subordonné, notamment, à l’inscription sur la liste des conseils en propriété industrielle établie par le directeur de l’Institut national de la propriété industrielle. 9. En vertu de l’article L. 422-7 du même code, les professionnels ayant la qualité de conseil en propriété industrielle sont admis, pour exercer cette profession, à constituer une société civile professionnelle ou d’exercice libéral, ou toute société constituée sous une autre forme. Dans ce dernier cas, le 2° de cet article impose que les professionnels ayant la qualité de conseil en propriété industrielle détiennent plus de la moitié du capital social et des droits de vote. 10. Toutefois, par dérogation, l’article L. 422-3 du même code prévoyait que les sociétés de conseil en propriété industrielle déjà constituées à la date d’entrée en vigueur de la loi du 26 novembre 1990 mentionnée ci-dessus pouvaient bénéficier d’une inscription sur la liste des conseils en propriété industrielle sans que ne leur soit applicable cette règle relative à la détention du capital social et des droits de vote.11. Les dispositions contestées de l’article 131 de l’ordonnance du 8 février 2023 suppriment cette dérogation à compter
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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]
de 1789 que les atteintes portées à ce droit doivent être justifiées par un motif d’intérêt général et proportionnées à l’objectif poursuivi.8. En application de l’article L. 422-1 du code de la propriété intellectuelle, l’exercice de la profession réglementée de conseil en propriété industrielle est subordonné, notamment, à l’inscription sur la liste des conseils en propriété industrielle établie par le directeur de l’Institut national de la propriété industrielle. 9. En vertu de l’article L. 422-7 du même code, les professionnels ayant la qualité de conseil en propriété industrielle sont admis, pour exercer cette profession, à constituer une société civile professionnelle ou d’exercice libéral, ou toute société constituée sous une autre forme. Dans ce dernier cas, le 2° de cet article impose que les professionnels ayant la qualité de conseil en propriété industrielle détiennent plus de la moitié du capital social et des droits de vote. 10. Toutefois, par dérogation, l’article L. 422-3 du même code prévoyait que les sociétés de conseil en propriété industrielle déjà constituées à la date d’entrée en vigueur de la loi du 26 novembre 1990 mentionnée ci-dessus pouvaient bénéficier d’une inscription sur la liste des conseils en propriété industrielle sans que ne leur soit applicable cette règle relative à la détention du capital social et des droits de vote.11. Les dispositions contestées de l’article 131 de l’ordonnance du 8 février 2023 suppriment cette dérogation à compter
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CONSTEXT000052086211_6
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CONSTEXT000052086211
| 6 |
e298425036c4e6d7
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QPC
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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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cette règle relative à la détention du capital social et des droits de vote.11. Les dispositions contestées de l’article 131 de l’ordonnance du 8 février 2023 suppriment cette dérogation à compter du 1er septembre 2024. En outre, les dispositions contestées de son article 134 fixent le délai dans lequel les sociétés qui bénéficiaient jusqu’alors de cette dérogation doivent, sauf à être radiées de la liste des conseils en propriété industrielle, se mettre en conformité avec les conditions édictées au 2° de l’article L. 422-7 du code de la propriété intellectuelle.12. En premier lieu, il ressort des travaux préparatoires de la loi du 26 novembre 1990 qu’en imposant que les professionnels ayant la qualité de conseil en propriété industrielle détiennent plus de la moitié du capital social et des droits de vote lorsqu’ils exercent cette activité sous forme de société, le législateur a entendu assurer l’indépendance de cette profession afin de garantir la qualité, l’impartialité et la sécurité juridique des conseils qu’ils fournissent aux entreprises et aux inventeurs dans la protection de leurs droits. 13. En mettant fin à la possibilité accordée, à titre dérogatoire, à certaines sociétés de conseil en propriété industrielle de ne pas être contrôlées majoritairement par des personnes exerçant cette profession réglementée, les dispositions contestées mettent en œuvre cet objectif d’intérêt général.14. En second lieu, d’une part, les dispositions contestées se bornent à rendre
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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]
cette règle relative à la détention du capital social et des droits de vote.11. Les dispositions contestées de l’article 131 de l’ordonnance du 8 février 2023 suppriment cette dérogation à compter du 1er septembre 2024. En outre, les dispositions contestées de son article 134 fixent le délai dans lequel les sociétés qui bénéficiaient jusqu’alors de cette dérogation doivent, sauf à être radiées de la liste des conseils en propriété industrielle, se mettre en conformité avec les conditions édictées au 2° de l’article L. 422-7 du code de la propriété intellectuelle.12. En premier lieu, il ressort des travaux préparatoires de la loi du 26 novembre 1990 qu’en imposant que les professionnels ayant la qualité de conseil en propriété industrielle détiennent plus de la moitié du capital social et des droits de vote lorsqu’ils exercent cette activité sous forme de société, le législateur a entendu assurer l’indépendance de cette profession afin de garantir la qualité, l’impartialité et la sécurité juridique des conseils qu’ils fournissent aux entreprises et aux inventeurs dans la protection de leurs droits. 13. En mettant fin à la possibilité accordée, à titre dérogatoire, à certaines sociétés de conseil en propriété industrielle de ne pas être contrôlées majoritairement par des personnes exerçant cette profession réglementée, les dispositions contestées mettent en œuvre cet objectif d’intérêt général.14. En second lieu, d’une part, les dispositions contestées se bornent à rendre
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CONSTEXT000052086211_7
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CONSTEXT000052086211
| 7 |
fd456bc0580466f4
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QPC
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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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exerçant cette profession réglementée, les dispositions contestées mettent en œuvre cet objectif d’intérêt général.14. En second lieu, d’une part, les dispositions contestées se bornent à rendre applicable, aux sociétés qui en étaient exemptées, une règle de répartition de leur capital social. Ainsi, elles n’ont ni pour objet, ni pour effet, d’instituer un mécanisme de cession forcée des parts sociales détenues par les personnes n’ayant pas la qualité de conseil en propriété industrielle. 15. À cet égard, les modalités selon lesquelles les actionnaires de ces sociétés se mettent en conformité avec la règle relative à la détention du capital social et des droits de vote, le cas échéant par une cession de parts sociales ou une augmentation de capital, relèvent du libre choix de ces derniers. 16. D’autre part, en prévoyant que les sociétés bénéficiant jusqu’alors de cette dérogation disposent d’un délai courant jusqu’au 1er septembre 2025 pour se mettre en conformité, les dispositions contestées de l’article 134 de l’ordonnance du 8 février 2023 leur ont laissé un délai suffisant à cette fin.17. Il résulte de ce qui précède que, au regard de l’objectif poursuivi, les dispositions contestées ne portent pas une atteinte disproportionnée au droit de propriété. Le grief tiré de la méconnaissance de ce droit doit donc être écarté. Il en va de même, pour les mêmes motifs, de ceux tirés de la méconnaissance de la liberté d’entreprendre et de la garantie des droits.18. Par conséquent,
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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]
exerçant cette profession réglementée, les dispositions contestées mettent en œuvre cet objectif d’intérêt général.14. En second lieu, d’une part, les dispositions contestées se bornent à rendre applicable, aux sociétés qui en étaient exemptées, une règle de répartition de leur capital social. Ainsi, elles n’ont ni pour objet, ni pour effet, d’instituer un mécanisme de cession forcée des parts sociales détenues par les personnes n’ayant pas la qualité de conseil en propriété industrielle. 15. À cet égard, les modalités selon lesquelles les actionnaires de ces sociétés se mettent en conformité avec la règle relative à la détention du capital social et des droits de vote, le cas échéant par une cession de parts sociales ou une augmentation de capital, relèvent du libre choix de ces derniers. 16. D’autre part, en prévoyant que les sociétés bénéficiant jusqu’alors de cette dérogation disposent d’un délai courant jusqu’au 1er septembre 2025 pour se mettre en conformité, les dispositions contestées de l’article 134 de l’ordonnance du 8 février 2023 leur ont laissé un délai suffisant à cette fin.17. Il résulte de ce qui précède que, au regard de l’objectif poursuivi, les dispositions contestées ne portent pas une atteinte disproportionnée au droit de propriété. Le grief tiré de la méconnaissance de ce droit doit donc être écarté. Il en va de même, pour les mêmes motifs, de ceux tirés de la méconnaissance de la liberté d’entreprendre et de la garantie des droits.18. Par conséquent,
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CONSTEXT000052086211_8
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CONSTEXT000052086211
| 8 |
53772097def30f2d
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QPC
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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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de ce droit doit donc être écarté. Il en va de même, pour les mêmes motifs, de ceux tirés de la méconnaissance de la liberté d’entreprendre et de la garantie des droits.18. Par conséquent, les dispositions contestées, qui ne sont pas non plus entachées d’incompétence négative et qui ne méconnaissent aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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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]
de ce droit doit donc être écarté. Il en va de même, pour les mêmes motifs, de ceux tirés de la méconnaissance de la liberté d’entreprendre et de la garantie des droits.18. Par conséquent, les dispositions contestées, qui ne sont pas non plus entachées d’incompétence négative et qui ne méconnaissent aucun autre droit ou liberté que la Constitution garantit, doivent être déclarées conformes à la Constitution.
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CONSTEXT000052086211_9
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CONSTEXT000052086211
| 9 |
637e7c302d02dcf5
|
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 DÉCIDE : Article 1er. - Le 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 la première phrase du a du paragraphe II de l’article 134 de la même ordonnance 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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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 DÉCIDE : Article 1er. - Le 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 la première phrase du a du paragraphe II de l’article 134 de la même ordonnance 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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CONSTEXT000052086227_0
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CONSTEXT000052086227
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83d650870defa8dd
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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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 lever les contraintes à l’exercice du métier d’agriculteur, sous le n° 2025-891 DC, le 11 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 TACHÉ,
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 lever les contraintes à l’exercice du métier d’agriculteur, sous le n° 2025-891 DC, le 11 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 TACHÉ,
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CONSTEXT000052086227_1
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CONSTEXT000052086227
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49f824113f5473d0
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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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 et M. Paul VANNIER, par Mme Cyrielle CHATELAIN, M. Pouria AMIRSHAHI, Mmes Christine ARRIGHI, Clémentine AUTAIN, Léa BALAGE EL MARIKY, Delphine BATHO, 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, Mme Sandra REGOL, M. Jean-Louis ROUMÉGAS, Mme Sandrine ROUSSEAU, M. François RUFFIN, Mmes Eva SAS, Sabrina SEBAIHI, Danielle SIMONNET, Sophie TAILLÉ-POLIAN, MM. Boris TAVERNIER, Nicolas THIERRY et Mme Dominique VOYNET ainsi que par MM. Stéphane PEU, Édouard BÉNARD, Mme Soumya BOUROUAHA, M. Jean-Victor CASTOR, Mmes Elsa FAUCILLON, Émeline K/BIDI, Karine LEBON, MM. Jean-Paul LECOQ, Marcellin NADEAU, Mme Mereana REID-ARBELOT, MM. Davy RIMANE et Nicolas SANSU, députés.Il a également été saisi, le 15 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,
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 et M. Paul VANNIER, par Mme Cyrielle CHATELAIN, M. Pouria AMIRSHAHI, Mmes Christine ARRIGHI, Clémentine AUTAIN, Léa BALAGE EL MARIKY, Delphine BATHO, 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, Mme Sandra REGOL, M. Jean-Louis ROUMÉGAS, Mme Sandrine ROUSSEAU, M. François RUFFIN, Mmes Eva SAS, Sabrina SEBAIHI, Danielle SIMONNET, Sophie TAILLÉ-POLIAN, MM. Boris TAVERNIER, Nicolas THIERRY et Mme Dominique VOYNET ainsi que par MM. Stéphane PEU, Édouard BÉNARD, Mme Soumya BOUROUAHA, M. Jean-Victor CASTOR, Mmes Elsa FAUCILLON, Émeline K/BIDI, Karine LEBON, MM. Jean-Paul LECOQ, Marcellin NADEAU, Mme Mereana REID-ARBELOT, MM. Davy RIMANE et Nicolas SANSU, députés.Il a également été saisi, le 15 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,
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CONSTEXT000052086227_2
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CONSTEXT000052086227
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ac77261a322b8fd8
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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le 15 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, Mme Sophie PANTEL, M. 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 THIÉBAULT-MARTINEZ, Mélanie THOMIN, MM. Roger VICOT et Jiovanny WILLIAM, députés.Il a en outre été saisi, le 18 juillet 2025, par M. Patrick KANNER, Mmes Viviane ARTIGALAS, Audrey BÉLIM, Florence BLATRIX-CONTAT, Nicole BONNEFOY, Isabelle BRIQUET, Colombe BROSSEL, Marion CANALÈS, M. Rémi CARDON, Mme
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
le 15 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, Mme Sophie PANTEL, M. 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 THIÉBAULT-MARTINEZ, Mélanie THOMIN, MM. Roger VICOT et Jiovanny WILLIAM, députés.Il a en outre été saisi, le 18 juillet 2025, par M. Patrick KANNER, Mmes Viviane ARTIGALAS, Audrey BÉLIM, Florence BLATRIX-CONTAT, Nicole BONNEFOY, Isabelle BRIQUET, Colombe BROSSEL, Marion CANALÈS, M. Rémi CARDON, Mme
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CONSTEXT000052086227_3
|
CONSTEXT000052086227
| 3 |
5c90c5cb2f168b04
|
DC
|
Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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le 18 juillet 2025, par M. Patrick KANNER, Mmes Viviane ARTIGALAS, Audrey BÉLIM, Florence BLATRIX-CONTAT, Nicole BONNEFOY, Isabelle BRIQUET, Colombe BROSSEL, Marion CANALÈS, M. Rémi CARDON, Mme Marie-Arlette CARLOTTI, MM. Christophe CHAILLOU, Yan CHANTREL, Mme Hélène CONWAY-MOURET, M. Thierry COZIC, Mme Karine DANIEL, MM. Jérôme DARRAS, Gilbert-Luc DEVINAZ, Jérôme DURAIN, Mme Frédérique ESPAGNAC, MM. Sébastien FAGNEN, Rémi FÉRAUD, Mme Corinne FÉRET, MM. Jean-Luc FICHET, Hervé GILLÉ, Mme Laurence HARRIBEY, MM. Olivier JACQUIN, Patrice JOLY, Bernard JOMIER, Mme Gisèle JOURDA, M. Éric KERROUCHE, Mmes Marie-Pierre de LA GONTRIE, Annie LE HOUEROU, Audrey LINKENHELD, M. Jean-Jacques LOZACH, Mme Monique LUBIN, MM. Victorin LUREL, Didier MARIE, Serge MÉRILLOU, Jean-Jacques MICHAU, Franck MONTAUGÉ, Mme Corinne NARASSIGUIN, MM. Saïd OMAR OILI, Alexandre OUIZILLE, Mme Emilienne POUMIROL, MM. Claude RAYNAL, Christian REDON-SARRAZY, Mme Sylvie ROBERT, MM. Pierre-Alain ROIRON, David ROS, Mme Laurence ROSSIGNOL, MM. Lucien STANZIONE, Rachid TEMAL, Jean-Claude TISSOT, Simon UZENAT, Mickaël VALLET, Jean-Marc VAYSSOUZE-FAURE, Michel WEBER et Adel ZIANE, par Mmes Cécile CUKIERMAN, Cathy APOURCEAU-POLY, MM. Jérémy BACCHI, Pierre BARROS, Alexandre BASQUIN, Ian BROSSAT, Mmes Céline BRULIN, Evelyne CORBIÈRE NAMINZO, MM. Jean-Pierre CORBISEZ, Fabien GAY, Mme Michelle GRÉAUME, M. Gérard LAHELLEC, Mme Marianne MARGATÉ, MM. Pierre OUZOULIAS, Pascal SAVOLDELLI, Mmes Silvana SILVANI, Marie-Claude
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
le 18 juillet 2025, par M. Patrick KANNER, Mmes Viviane ARTIGALAS, Audrey BÉLIM, Florence BLATRIX-CONTAT, Nicole BONNEFOY, Isabelle BRIQUET, Colombe BROSSEL, Marion CANALÈS, M. Rémi CARDON, Mme Marie-Arlette CARLOTTI, MM. Christophe CHAILLOU, Yan CHANTREL, Mme Hélène CONWAY-MOURET, M. Thierry COZIC, Mme Karine DANIEL, MM. Jérôme DARRAS, Gilbert-Luc DEVINAZ, Jérôme DURAIN, Mme Frédérique ESPAGNAC, MM. Sébastien FAGNEN, Rémi FÉRAUD, Mme Corinne FÉRET, MM. Jean-Luc FICHET, Hervé GILLÉ, Mme Laurence HARRIBEY, MM. Olivier JACQUIN, Patrice JOLY, Bernard JOMIER, Mme Gisèle JOURDA, M. Éric KERROUCHE, Mmes Marie-Pierre de LA GONTRIE, Annie LE HOUEROU, Audrey LINKENHELD, M. Jean-Jacques LOZACH, Mme Monique LUBIN, MM. Victorin LUREL, Didier MARIE, Serge MÉRILLOU, Jean-Jacques MICHAU, Franck MONTAUGÉ, Mme Corinne NARASSIGUIN, MM. Saïd OMAR OILI, Alexandre OUIZILLE, Mme Emilienne POUMIROL, MM. Claude RAYNAL, Christian REDON-SARRAZY, Mme Sylvie ROBERT, MM. Pierre-Alain ROIRON, David ROS, Mme Laurence ROSSIGNOL, MM. Lucien STANZIONE, Rachid TEMAL, Jean-Claude TISSOT, Simon UZENAT, Mickaël VALLET, Jean-Marc VAYSSOUZE-FAURE, Michel WEBER et Adel ZIANE, par Mmes Cécile CUKIERMAN, Cathy APOURCEAU-POLY, MM. Jérémy BACCHI, Pierre BARROS, Alexandre BASQUIN, Ian BROSSAT, Mmes Céline BRULIN, Evelyne CORBIÈRE NAMINZO, MM. Jean-Pierre CORBISEZ, Fabien GAY, Mme Michelle GRÉAUME, M. Gérard LAHELLEC, Mme Marianne MARGATÉ, MM. Pierre OUZOULIAS, Pascal SAVOLDELLI, Mmes Silvana SILVANI, Marie-Claude
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CONSTEXT000052086227_4
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CONSTEXT000052086227
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9ddbd21271660e44
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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CORBIÈRE NAMINZO, MM. Jean-Pierre CORBISEZ, Fabien GAY, Mme Michelle GRÉAUME, M. Gérard LAHELLEC, Mme Marianne MARGATÉ, MM. Pierre OUZOULIAS, Pascal SAVOLDELLI, Mmes Silvana SILVANI, Marie-Claude VARAILLAS et M. Robert Wienie XOWIE, ainsi que par MM. Guillaume GONTARD, Guy BENARROCHE, Grégory BLANC, Ronan DANTEC, Mme Monique de MARCO, MM. Thomas DOSSUS, Jacques FERNIQUE, Mme Antoinette GUHL, MM. Yannick JADOT, Akli MELLOULI, Mmes Mathilde OLLIVIER, Raymonde PONCET MONGE, M. Daniel SALMON, Mmes Ghislaine SENÉE, Anne SOUYRIS et Mélanie VOGEL, sénateurs.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
CORBIÈRE NAMINZO, MM. Jean-Pierre CORBISEZ, Fabien GAY, Mme Michelle GRÉAUME, M. Gérard LAHELLEC, Mme Marianne MARGATÉ, MM. Pierre OUZOULIAS, Pascal SAVOLDELLI, Mmes Silvana SILVANI, Marie-Claude VARAILLAS et M. Robert Wienie XOWIE, ainsi que par MM. Guillaume GONTARD, Guy BENARROCHE, Grégory BLANC, Ronan DANTEC, Mme Monique de MARCO, MM. Thomas DOSSUS, Jacques FERNIQUE, Mme Antoinette GUHL, MM. Yannick JADOT, Akli MELLOULI, Mmes Mathilde OLLIVIER, Raymonde PONCET MONGE, M. Daniel SALMON, Mmes Ghislaine SENÉE, Anne SOUYRIS et Mélanie VOGEL, sénateurs.
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CONSTEXT000051953967_2
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CONSTEXT000051953967
| 2 |
3e793d9500b595d5
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AN
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Non lieu à prononcer l'inéligibilité
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A.N., Yvelines, 1re circ.
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2025-6459
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2025-07-18
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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. 52-6.3. Le compte de campagne de Mme CLÉMENT a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 20 janvier 2025 au motif qu’elle a omis de mentionner dans ce compte, qui ne faisait état d’aucune recette ni d’aucune dépense, une dépense de 380 euros financée par un virement de la candidate d’un même montant.4. Cette circonstance est établie. 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.5. 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. 52-12.6. Devant le Conseil constitutionnel, Mme CLÉMENT invoque un oubli d’écriture s’agissant d’une unique facture, qu’elle a produite, correspondant à l’achat de tracts pour sa campagne électorale. 7. En l’espèce, le défaut de mention de la dépense litigieuse, eu égard à son faible montant, n’est pas de nature à entraîner le prononcé d’une inéligibilité.
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A.N., Yvelines, 1re circ.
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. 52-6.3. Le compte de campagne de Mme CLÉMENT a été rejeté par la Commission nationale des comptes de campagne et des financements politiques dans sa décision du 20 janvier 2025 au motif qu’elle a omis de mentionner dans ce compte, qui ne faisait état d’aucune recette ni d’aucune dépense, une dépense de 380 euros financée par un virement de la candidate d’un même montant.4. Cette circonstance est établie. 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.5. 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. 52-12.6. Devant le Conseil constitutionnel, Mme CLÉMENT invoque un oubli d’écriture s’agissant d’une unique facture, qu’elle a produite, correspondant à l’achat de tracts pour sa campagne électorale. 7. En l’espèce, le défaut de mention de la dépense litigieuse, eu égard à son faible montant, n’est pas de nature à entraîner le prononcé d’une inéligibilité.
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CONSTEXT000052086227_5
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CONSTEXT000052086227
| 5 |
7f96b619f1109646
|
DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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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 règlement (CE) n° 1107/2009 du Parlement européen et du Conseil du 21 octobre 2009 concernant la mise sur le marché des produits phytopharmaceutiques et abrogeant les directives 79/117/CEE et 91/414/CEE du Conseil ; - la directive 2010/75/UE du Parlement européen et du Conseil du 24 novembre 2010 relative aux émissions industrielles (prévention et réduction intégrées de la pollution) ; - la directive 2011/92/UE du Parlement européen et du Conseil du 13 décembre 2011 concernant l’évaluation des incidences de certains projets publics et privés sur l’environnement ;- le code de l’environnement ;- le code rural et de la pêche maritime ;- le règlement de l’Assemblée nationale ;- 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 pièces suivantes : - les observations présentées à la demande du Conseil constitutionnel par la présidente de l’Assemblée nationale, enregistrées le 21 juillet 2025 ;- les observations du Gouvernement, enregistrées le 28 juillet 2025 ;Après avoir entendu les députés représentant les auteurs des première et deuxième saisines ainsi que les sénateurs représentant les auteurs de la troisième saisine ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 (CE) n° 1107/2009 du Parlement européen et du Conseil du 21 octobre 2009 concernant la mise sur le marché des produits phytopharmaceutiques et abrogeant les directives 79/117/CEE et 91/414/CEE du Conseil ; - la directive 2010/75/UE du Parlement européen et du Conseil du 24 novembre 2010 relative aux émissions industrielles (prévention et réduction intégrées de la pollution) ; - la directive 2011/92/UE du Parlement européen et du Conseil du 13 décembre 2011 concernant l’évaluation des incidences de certains projets publics et privés sur l’environnement ;- le code de l’environnement ;- le code rural et de la pêche maritime ;- le règlement de l’Assemblée nationale ;- 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 pièces suivantes : - les observations présentées à la demande du Conseil constitutionnel par la présidente de l’Assemblée nationale, enregistrées le 21 juillet 2025 ;- les observations du Gouvernement, enregistrées le 28 juillet 2025 ;Après avoir entendu les députés représentant les auteurs des première et deuxième saisines ainsi que les sénateurs représentant les auteurs de la troisième saisine ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000052086227_6
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CONSTEXT000052086227
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e35fd85954c01c50
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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1. Les députés et les sénateurs requérants défèrent au Conseil constitutionnel la loi visant à lever les contraintes à l’exercice du métier d’agriculteur. Les requérants contestent la procédure d’adoption de la loi, ainsi que la procédure d’adoption du 1° du paragraphe I de son article 6 et de ses articles 7 et 8. Ils contestent en outre la conformité à la Constitution de certaines dispositions des articles 1er, 2, 3 et 5. - Sur la procédure d’adoption de la loi :2. Les députés requérants soutiennent que l’adoption en première lecture par l’Assemblée nationale d’une motion de rejet préalable déposée par le rapporteur de la commission saisie au fond et par quatre présidents de groupe favorables au texte serait constitutive d’un détournement de procédure.3. Alors que, selon eux, une telle motion aurait en principe pour objet de permettre à l’opposition ou à la minorité d’exprimer son opposition à un texte, ils font valoir que la motion déposée avait pour but d’éviter l’examen des amendements déposés en séance publique, dont le nombre n’était « ni déraisonnable, ni inhabituel ». Ils relèvent ensuite que l’adoption de cette motion a eu pour effet d’empêcher tout débat sur les articles ou les amendements en séance publique à l’Assemblée nationale en première lecture. Il en résulterait une méconnaissance du droit d’amendement et des exigences de clarté et de sincérité du débat parlementaire. 4. Les députés auteurs de la première saisine soutiennent également que la convocation
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
1. Les députés et les sénateurs requérants défèrent au Conseil constitutionnel la loi visant à lever les contraintes à l’exercice du métier d’agriculteur. Les requérants contestent la procédure d’adoption de la loi, ainsi que la procédure d’adoption du 1° du paragraphe I de son article 6 et de ses articles 7 et 8. Ils contestent en outre la conformité à la Constitution de certaines dispositions des articles 1er, 2, 3 et 5. - Sur la procédure d’adoption de la loi :2. Les députés requérants soutiennent que l’adoption en première lecture par l’Assemblée nationale d’une motion de rejet préalable déposée par le rapporteur de la commission saisie au fond et par quatre présidents de groupe favorables au texte serait constitutive d’un détournement de procédure.3. Alors que, selon eux, une telle motion aurait en principe pour objet de permettre à l’opposition ou à la minorité d’exprimer son opposition à un texte, ils font valoir que la motion déposée avait pour but d’éviter l’examen des amendements déposés en séance publique, dont le nombre n’était « ni déraisonnable, ni inhabituel ». Ils relèvent ensuite que l’adoption de cette motion a eu pour effet d’empêcher tout débat sur les articles ou les amendements en séance publique à l’Assemblée nationale en première lecture. Il en résulterait une méconnaissance du droit d’amendement et des exigences de clarté et de sincérité du débat parlementaire. 4. Les députés auteurs de la première saisine soutiennent également que la convocation
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CONSTEXT000052086227_7
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CONSTEXT000052086227
| 7 |
298e01029e1468be
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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une méconnaissance du droit d’amendement et des exigences de clarté et de sincérité du débat parlementaire. 4. Les députés auteurs de la première saisine soutiennent également que la convocation d’une commission mixte paritaire à l’issue du rejet du texte par l’Assemblée nationale en première lecture, alors que les conditions prévues à cet effet n’étaient selon eux pas réunies, serait contraire au deuxième alinéa de l’article 45 de la Constitution. 5. En premier lieu, aux termes de l’article 6 de la Déclaration des droits de l’homme et du citoyen de 1789 : « La loi est l’expression de la volonté générale ». Aux termes du premier alinéa de l’article 3 de la Constitution : « La souveraineté nationale appartient au peuple qui l’exerce par ses représentants ». Ces dispositions imposent le respect des exigences de clarté et de sincérité du débat parlementaire.6. Selon le premier alinéa de l’article 44 de la Constitution : « Les membres du Parlement et le Gouvernement ont le droit d’amendement. Ce droit s’exerce en séance ou en commission selon les conditions fixées par les règlements des assemblées, dans le cadre déterminé par une loi organique ».7. Selon l’article 91, alinéa 5, du règlement de l’Assemblée nationale, la motion de rejet préalable a pour objet « de faire reconnaître que le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles », ou « de faire décider qu’il n’y a pas lieu à délibérer ». Son vote a pour effet, en cas d’adoption de la motion,
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
une méconnaissance du droit d’amendement et des exigences de clarté et de sincérité du débat parlementaire. 4. Les députés auteurs de la première saisine soutiennent également que la convocation d’une commission mixte paritaire à l’issue du rejet du texte par l’Assemblée nationale en première lecture, alors que les conditions prévues à cet effet n’étaient selon eux pas réunies, serait contraire au deuxième alinéa de l’article 45 de la Constitution. 5. En premier lieu, aux termes de l’article 6 de la Déclaration des droits de l’homme et du citoyen de 1789 : « La loi est l’expression de la volonté générale ». Aux termes du premier alinéa de l’article 3 de la Constitution : « La souveraineté nationale appartient au peuple qui l’exerce par ses représentants ». Ces dispositions imposent le respect des exigences de clarté et de sincérité du débat parlementaire.6. Selon le premier alinéa de l’article 44 de la Constitution : « Les membres du Parlement et le Gouvernement ont le droit d’amendement. Ce droit s’exerce en séance ou en commission selon les conditions fixées par les règlements des assemblées, dans le cadre déterminé par une loi organique ».7. Selon l’article 91, alinéa 5, du règlement de l’Assemblée nationale, la motion de rejet préalable a pour objet « de faire reconnaître que le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles », ou « de faire décider qu’il n’y a pas lieu à délibérer ». Son vote a pour effet, en cas d’adoption de la motion,
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CONSTEXT000052086227_8
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CONSTEXT000052086227
| 8 |
37d087fad6b39876
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles », ou « de faire décider qu’il n’y a pas lieu à délibérer ». Son vote a pour effet, en cas d’adoption de la motion, d’entraîner le rejet du texte à l’encontre duquel elle a été soulevée. 8. Les règlements des assemblées parlementaires n’ayant pas en eux-mêmes valeur constitutionnelle, la seule méconnaissance des dispositions réglementaires invoquées ne saurait avoir pour effet de rendre la procédure législative contraire à la Constitution.9. La proposition de loi visant à lever les contraintes à l’exercice du métier d’agriculteur a été déposée sur le bureau du Sénat le 1er novembre 2024 et adoptée en première lecture par le Sénat le 27 janvier 2025. Devant l’Assemblée nationale, au terme de son examen en commission, le rapporteur de la commission saisie au fond ainsi que quatre présidents de groupe ont déposé, le 23 mai 2025, une motion de rejet préalable. La présentation de cette motion le 26 mai 2025 faisait clairement apparaître que son vote était souhaité non pas pour marquer une opposition de fond au texte, mais en vue d’accélérer sa procédure d’adoption par le Parlement, compte tenu du dépôt de plus de 3 500 amendements témoignant, selon les signataires de la motion, d’une volonté d’obstruction.10. Après l’adoption de cette motion de rejet préalable, le Gouvernement a provoqué la réunion d’une commission mixte paritaire, en application des dispositions du deuxième alinéa de l’article 45
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
le texte proposé est contraire à une ou plusieurs dispositions constitutionnelles », ou « de faire décider qu’il n’y a pas lieu à délibérer ». Son vote a pour effet, en cas d’adoption de la motion, d’entraîner le rejet du texte à l’encontre duquel elle a été soulevée. 8. Les règlements des assemblées parlementaires n’ayant pas en eux-mêmes valeur constitutionnelle, la seule méconnaissance des dispositions réglementaires invoquées ne saurait avoir pour effet de rendre la procédure législative contraire à la Constitution.9. La proposition de loi visant à lever les contraintes à l’exercice du métier d’agriculteur a été déposée sur le bureau du Sénat le 1er novembre 2024 et adoptée en première lecture par le Sénat le 27 janvier 2025. Devant l’Assemblée nationale, au terme de son examen en commission, le rapporteur de la commission saisie au fond ainsi que quatre présidents de groupe ont déposé, le 23 mai 2025, une motion de rejet préalable. La présentation de cette motion le 26 mai 2025 faisait clairement apparaître que son vote était souhaité non pas pour marquer une opposition de fond au texte, mais en vue d’accélérer sa procédure d’adoption par le Parlement, compte tenu du dépôt de plus de 3 500 amendements témoignant, selon les signataires de la motion, d’une volonté d’obstruction.10. Après l’adoption de cette motion de rejet préalable, le Gouvernement a provoqué la réunion d’une commission mixte paritaire, en application des dispositions du deuxième alinéa de l’article 45
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CONSTEXT000052086227_9
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CONSTEXT000052086227
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9131d6f1ae3297e9
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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Après l’adoption de cette motion de rejet préalable, le Gouvernement a provoqué la réunion d’une commission mixte paritaire, en application des dispositions du deuxième alinéa de l’article 45 de la Constitution. Le texte proposé par la commission mixte paritaire a été adopté par le Sénat le 2 juillet 2025, puis par l’Assemblée nationale le 8 juillet 2025.11. Le bon déroulement du débat démocratique et, partant, le bon fonctionnement des pouvoirs publics constitutionnels, supposent que soit pleinement respecté le droit d’amendement conféré aux parlementaires par l’article 44 de la Constitution, et que parlementaires comme Gouvernement puissent utiliser sans entrave les procédures mises à leur disposition à ces fins. 12. Cette double exigence implique qu’il ne soit pas fait un usage manifestement excessif de ces droits.13. Au regard des conditions générales du débat, l’adoption de la motion de rejet préalable en première lecture à l’Assemblée nationale n’a méconnu ni le droit d’amendement, ni les exigences de clarté et de sincérité du débat parlementaire. 14. En second lieu, le deuxième alinéa de l’article 45 de la Constitution prévoit : « Lorsque, par suite d’un désaccord entre les deux assemblées, un projet ou une proposition de loi n’a pu être adopté après deux lectures par chaque assemblée ou, si le Gouvernement a décidé d’engager la procédure accélérée sans que les Conférences des présidents s’y soient conjointement opposées, après une seule lecture par chacune d’entre
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
Après l’adoption de cette motion de rejet préalable, le Gouvernement a provoqué la réunion d’une commission mixte paritaire, en application des dispositions du deuxième alinéa de l’article 45 de la Constitution. Le texte proposé par la commission mixte paritaire a été adopté par le Sénat le 2 juillet 2025, puis par l’Assemblée nationale le 8 juillet 2025.11. Le bon déroulement du débat démocratique et, partant, le bon fonctionnement des pouvoirs publics constitutionnels, supposent que soit pleinement respecté le droit d’amendement conféré aux parlementaires par l’article 44 de la Constitution, et que parlementaires comme Gouvernement puissent utiliser sans entrave les procédures mises à leur disposition à ces fins. 12. Cette double exigence implique qu’il ne soit pas fait un usage manifestement excessif de ces droits.13. Au regard des conditions générales du débat, l’adoption de la motion de rejet préalable en première lecture à l’Assemblée nationale n’a méconnu ni le droit d’amendement, ni les exigences de clarté et de sincérité du débat parlementaire. 14. En second lieu, le deuxième alinéa de l’article 45 de la Constitution prévoit : « Lorsque, par suite d’un désaccord entre les deux assemblées, un projet ou une proposition de loi n’a pu être adopté après deux lectures par chaque assemblée ou, si le Gouvernement a décidé d’engager la procédure accélérée sans que les Conférences des présidents s’y soient conjointement opposées, après une seule lecture par chacune d’entre
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CONSTEXT000052086227_10
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CONSTEXT000052086227
| 10 |
41e8bf1ca1b7cc68
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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assemblée ou, si le Gouvernement a décidé d’engager la procédure accélérée sans que les Conférences des présidents s’y soient conjointement opposées, après une seule lecture par chacune d’entre elles, le Premier ministre ou, pour une proposition de loi, les présidents des deux assemblées agissant conjointement, ont la faculté de provoquer la réunion d’une commission mixte paritaire chargée de proposer un texte sur les dispositions restant en discussion ».15. Il ressort de cet article 45 que, comme le rappelle l’article 109 du règlement de l’Assemblée nationale, le fait qu’une proposition de loi examinée par le Parlement soit rejetée par l’une ou l’autre de ses deux assemblées n’interrompt pas les procédures prévues pour parvenir à l’adoption d’un texte définitif. Il en va notamment ainsi lorsque l’Assemblée nationale adopte une motion de rejet préalable dans les conditions prévues par l’article 91, alinéa 5, de son règlement. Dès lors, rien ne faisait obstacle à ce que l’examen de la loi déférée se poursuive après le vote par les députés de la motion de rejet préalable et le rejet du texte qui en est résulté.16. Le grief tiré de la méconnaissance du deuxième alinéa de l’article 45 de la Constitution doit donc être écarté.17. Il résulte de ce qui précède que la loi déférée a été adoptée selon une procédure conforme à la Constitution.- Sur certaines dispositions de l’article 1er :18. L’article 1er modifie plusieurs dispositions du chapitre IV du titre V du livre II du code
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
assemblée ou, si le Gouvernement a décidé d’engager la procédure accélérée sans que les Conférences des présidents s’y soient conjointement opposées, après une seule lecture par chacune d’entre elles, le Premier ministre ou, pour une proposition de loi, les présidents des deux assemblées agissant conjointement, ont la faculté de provoquer la réunion d’une commission mixte paritaire chargée de proposer un texte sur les dispositions restant en discussion ».15. Il ressort de cet article 45 que, comme le rappelle l’article 109 du règlement de l’Assemblée nationale, le fait qu’une proposition de loi examinée par le Parlement soit rejetée par l’une ou l’autre de ses deux assemblées n’interrompt pas les procédures prévues pour parvenir à l’adoption d’un texte définitif. Il en va notamment ainsi lorsque l’Assemblée nationale adopte une motion de rejet préalable dans les conditions prévues par l’article 91, alinéa 5, de son règlement. Dès lors, rien ne faisait obstacle à ce que l’examen de la loi déférée se poursuive après le vote par les députés de la motion de rejet préalable et le rejet du texte qui en est résulté.16. Le grief tiré de la méconnaissance du deuxième alinéa de l’article 45 de la Constitution doit donc être écarté.17. Il résulte de ce qui précède que la loi déférée a été adoptée selon une procédure conforme à la Constitution.- Sur certaines dispositions de l’article 1er :18. L’article 1er modifie plusieurs dispositions du chapitre IV du titre V du livre II du code
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CONSTEXT000052086227_11
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CONSTEXT000052086227
| 11 |
5165b8aedc315c91
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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adoptée selon une procédure conforme à la Constitution.- Sur certaines dispositions de l’article 1er :18. L’article 1er modifie plusieurs dispositions du chapitre IV du titre V du livre II du code rural et de la pêche maritime, relatif à la mise en vente, la vente, la distribution à titre gratuit, l’application et le conseil à l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime et le 6° de l’article 1er de la loi déférée : 19. Le 1° de l’article 1er réécrit notamment le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime relatif à l’incompatibilité de l’activité de producteur de produits phytopharmaceutiques avec celle de conseil pour l’utilisation de ces produits.20. Les députés auteurs de la première saisine soutiennent qu’en permettant que des conseils sur l’utilisation des produits phytopharmaceutiques soient fournis aux exploitants agricoles par les distributeurs, ces dispositions favoriseraient les conflits d’intérêts. Selon eux, elles pourraient empêcher les exploitants agricoles de recevoir les informations portant sur les risques pour l’environnement et la santé humaine nécessaires au respect de leurs devoirs issus de la Charte de l’environnement. Il en résulterait une méconnaissance des exigences de l’article 8 de cette Charte.21. Rejoints par les sénateurs requérants, ils reprochent par ailleurs à ces dispositions de réduire l’encadrement des
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
adoptée selon une procédure conforme à la Constitution.- Sur certaines dispositions de l’article 1er :18. L’article 1er modifie plusieurs dispositions du chapitre IV du titre V du livre II du code rural et de la pêche maritime, relatif à la mise en vente, la vente, la distribution à titre gratuit, l’application et le conseil à l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime et le 6° de l’article 1er de la loi déférée : 19. Le 1° de l’article 1er réécrit notamment le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime relatif à l’incompatibilité de l’activité de producteur de produits phytopharmaceutiques avec celle de conseil pour l’utilisation de ces produits.20. Les députés auteurs de la première saisine soutiennent qu’en permettant que des conseils sur l’utilisation des produits phytopharmaceutiques soient fournis aux exploitants agricoles par les distributeurs, ces dispositions favoriseraient les conflits d’intérêts. Selon eux, elles pourraient empêcher les exploitants agricoles de recevoir les informations portant sur les risques pour l’environnement et la santé humaine nécessaires au respect de leurs devoirs issus de la Charte de l’environnement. Il en résulterait une méconnaissance des exigences de l’article 8 de cette Charte.21. Rejoints par les sénateurs requérants, ils reprochent par ailleurs à ces dispositions de réduire l’encadrement des
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CONSTEXT000052086227_12
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CONSTEXT000052086227
| 12 |
26c3e3f32ba759d5
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DC
|
Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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en résulterait une méconnaissance des exigences de l’article 8 de cette Charte.21. Rejoints par les sénateurs requérants, ils reprochent par ailleurs à ces dispositions de réduire l’encadrement des conseils délivrés aux exploitants agricoles en matière de produits phytopharmaceutiques et de les rendre facultatifs. En ne garantissant plus le contenu, la qualité et la neutralité de ces conseils, elles méconnaîtraient ainsi le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement.22. En outre, ils reprochent à ces dispositions de prévoir, en faveur des producteurs de semences enrobées, une dérogation à l’incompatibilité entre activités de production et de conseil. Il en résulterait, selon eux, une méconnaissance d’un principe constitutionnel de non-régression en matière environnementale, de l’objectif de valeur constitutionnelle de protection de l’environnement ainsi que des exigences découlant des articles 1er et 2 de la Charte de l’environnement.23. Enfin, les sénateurs requérants, rejoints par les députés auteurs de la première saisine, reprochent à ces mêmes dispositions d’instaurer une différence de traitement injustifiée entre producteurs de produits phytopharmaceutiques, selon qu’ils vendent ces produits à des utilisateurs sous la forme de semences enrobées ou sous une autre forme. Il en résulterait ainsi une méconnaissance du principe d’égalité devant la loi.S’agissant du premier alinéa du
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
en résulterait une méconnaissance des exigences de l’article 8 de cette Charte.21. Rejoints par les sénateurs requérants, ils reprochent par ailleurs à ces dispositions de réduire l’encadrement des conseils délivrés aux exploitants agricoles en matière de produits phytopharmaceutiques et de les rendre facultatifs. En ne garantissant plus le contenu, la qualité et la neutralité de ces conseils, elles méconnaîtraient ainsi le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement.22. En outre, ils reprochent à ces dispositions de prévoir, en faveur des producteurs de semences enrobées, une dérogation à l’incompatibilité entre activités de production et de conseil. Il en résulterait, selon eux, une méconnaissance d’un principe constitutionnel de non-régression en matière environnementale, de l’objectif de valeur constitutionnelle de protection de l’environnement ainsi que des exigences découlant des articles 1er et 2 de la Charte de l’environnement.23. Enfin, les sénateurs requérants, rejoints par les députés auteurs de la première saisine, reprochent à ces mêmes dispositions d’instaurer une différence de traitement injustifiée entre producteurs de produits phytopharmaceutiques, selon qu’ils vendent ces produits à des utilisateurs sous la forme de semences enrobées ou sous une autre forme. Il en résulterait ainsi une méconnaissance du principe d’égalité devant la loi.S’agissant du premier alinéa du
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CONSTEXT000052086227_13
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CONSTEXT000052086227
| 13 |
5d512ba844a20580
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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produits à des utilisateurs sous la forme de semences enrobées ou sous une autre forme. Il en résulterait ainsi une méconnaissance du principe d’égalité devant la loi.S’agissant du premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime ainsi que du 6° de l’article 1er de la loi déférée :24. En application du premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, l’exercice de l’activité de conseil à l’utilisation des produits phytopharmaceutiques, lorsque cette activité s’exerce à titre professionnel, est incompatible avec l’activité de producteur. Pour l’application de cette règle, le producteur s’entend au sens du règlement européen du 21 octobre 2009 mentionné ci-dessus, à l’exception du producteur produisant exclusivement des produits de biocontrôle, des produits composés uniquement de substances de base, des produits à faible risque ou des produits dont l’usage est autorisé dans le cadre de l’agriculture biologique. Par ailleurs, en application du 6° de l’article 1er de la loi déférée, qui abroge les articles L. 254-6-2 et L. 254-6-3 du code rural et de la pêche maritime, la notion de « conseil spécifique » est supprimée. En outre, le « conseil stratégique » pour l’utilisation des produits phytopharmaceutiques, que certaines entreprises utilisatrices devaient être en mesure de justifier s’être fait délivrer, est désormais rendu facultatif.25. En premier lieu, aux termes de l’article 8 de la
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
produits à des utilisateurs sous la forme de semences enrobées ou sous une autre forme. Il en résulterait ainsi une méconnaissance du principe d’égalité devant la loi.S’agissant du premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime ainsi que du 6° de l’article 1er de la loi déférée :24. En application du premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, l’exercice de l’activité de conseil à l’utilisation des produits phytopharmaceutiques, lorsque cette activité s’exerce à titre professionnel, est incompatible avec l’activité de producteur. Pour l’application de cette règle, le producteur s’entend au sens du règlement européen du 21 octobre 2009 mentionné ci-dessus, à l’exception du producteur produisant exclusivement des produits de biocontrôle, des produits composés uniquement de substances de base, des produits à faible risque ou des produits dont l’usage est autorisé dans le cadre de l’agriculture biologique. Par ailleurs, en application du 6° de l’article 1er de la loi déférée, qui abroge les articles L. 254-6-2 et L. 254-6-3 du code rural et de la pêche maritime, la notion de « conseil spécifique » est supprimée. En outre, le « conseil stratégique » pour l’utilisation des produits phytopharmaceutiques, que certaines entreprises utilisatrices devaient être en mesure de justifier s’être fait délivrer, est désormais rendu facultatif.25. En premier lieu, aux termes de l’article 8 de la
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CONSTEXT000052086227_14
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CONSTEXT000052086227
| 14 |
66c001e51f64d4c4
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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que certaines entreprises utilisatrices devaient être en mesure de justifier s’être fait délivrer, est désormais rendu facultatif.25. En premier lieu, aux termes de l’article 8 de la Charte de l’environnement : « L’éducation et la formation à l’environnement doivent contribuer à l’exercice des droits et devoirs définis par la présente Charte ».26. L’activité de conseil à l’utilisation des produits phytopharmaceutiques exercée à titre professionnel ne constitue pas une activité relevant de l’éducation et de la formation au sens de ces dispositions. Par suite, le grief tiré de la méconnaissance de l’article 8 de la Charte de l’environnement ne peut qu’être écarté.27. En second lieu, aux termes de l’article 1er de la Charte de l’environnement, « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». 28. Les dispositions contestées, qui se bornent, d’une part, à encadrer les conditions d’exercice de l’activité de conseil à l’utilisation des produits pharmaceutiques lorsqu’une telle activité est exercée à titre professionnel et, d’autre part, à rendre facultatifs certains conseils délivrés aux exploitants agricoles, n’ont ni pour objet ni pour effet d’atténuer les obligations légales auxquelles sont soumis les utilisateurs de ces produits. 29. Par ailleurs et en tout état de cause, en application de l’article L. 254-3 du code rural et de la pêche maritime, les utilisateurs de produits phytopharmaceutiques doivent justifier d’un certificat,
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
que certaines entreprises utilisatrices devaient être en mesure de justifier s’être fait délivrer, est désormais rendu facultatif.25. En premier lieu, aux termes de l’article 8 de la Charte de l’environnement : « L’éducation et la formation à l’environnement doivent contribuer à l’exercice des droits et devoirs définis par la présente Charte ».26. L’activité de conseil à l’utilisation des produits phytopharmaceutiques exercée à titre professionnel ne constitue pas une activité relevant de l’éducation et de la formation au sens de ces dispositions. Par suite, le grief tiré de la méconnaissance de l’article 8 de la Charte de l’environnement ne peut qu’être écarté.27. En second lieu, aux termes de l’article 1er de la Charte de l’environnement, « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». 28. Les dispositions contestées, qui se bornent, d’une part, à encadrer les conditions d’exercice de l’activité de conseil à l’utilisation des produits pharmaceutiques lorsqu’une telle activité est exercée à titre professionnel et, d’autre part, à rendre facultatifs certains conseils délivrés aux exploitants agricoles, n’ont ni pour objet ni pour effet d’atténuer les obligations légales auxquelles sont soumis les utilisateurs de ces produits. 29. Par ailleurs et en tout état de cause, en application de l’article L. 254-3 du code rural et de la pêche maritime, les utilisateurs de produits phytopharmaceutiques doivent justifier d’un certificat,
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CONSTEXT000052086227_15
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CONSTEXT000052086227
| 15 |
09a0004c08b741b7
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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Par ailleurs et en tout état de cause, en application de l’article L. 254-3 du code rural et de la pêche maritime, les utilisateurs de produits phytopharmaceutiques doivent justifier d’un certificat, délivré par l’autorité administrative ou un organisme qu’elle habilite, garantissant l’acquisition des connaissances exigées en adéquation avec les fonctions déclarées. La formation prévue pour la délivrance ou le renouvellement de ces certificats contient plusieurs modules spécifiques relatifs à l’exigence de sobriété dans l’usage des produits phytopharmaceutiques et aux alternatives disponibles, dont notamment un module d’aide à l’élaboration de la stratégie de l’exploitation agricole en matière d’utilisation de produits phytopharmaceutiques. 30. Dès lors, le grief tiré de la méconnaissance de l’article 1er de la Charte de l’environnement ne peut qu’être écarté.31. Par conséquent, le premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime ainsi que le 6° de l’article 1er de la loi déférée, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.S’agissant du second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime : 32. En application du second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, les informations fournies à leurs clients par les producteurs pour l’enrobage des semences ne sont pas concernées par l’incompatibilité entre
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
Par ailleurs et en tout état de cause, en application de l’article L. 254-3 du code rural et de la pêche maritime, les utilisateurs de produits phytopharmaceutiques doivent justifier d’un certificat, délivré par l’autorité administrative ou un organisme qu’elle habilite, garantissant l’acquisition des connaissances exigées en adéquation avec les fonctions déclarées. La formation prévue pour la délivrance ou le renouvellement de ces certificats contient plusieurs modules spécifiques relatifs à l’exigence de sobriété dans l’usage des produits phytopharmaceutiques et aux alternatives disponibles, dont notamment un module d’aide à l’élaboration de la stratégie de l’exploitation agricole en matière d’utilisation de produits phytopharmaceutiques. 30. Dès lors, le grief tiré de la méconnaissance de l’article 1er de la Charte de l’environnement ne peut qu’être écarté.31. Par conséquent, le premier alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime ainsi que le 6° de l’article 1er de la loi déférée, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.S’agissant du second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime : 32. En application du second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, les informations fournies à leurs clients par les producteurs pour l’enrobage des semences ne sont pas concernées par l’incompatibilité entre
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CONSTEXT000052086227_16
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CONSTEXT000052086227
| 16 |
de98619e272a79e8
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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l’article L. 254-1 du code rural et de la pêche maritime, les informations fournies à leurs clients par les producteurs pour l’enrobage des semences ne sont pas concernées par l’incompatibilité entre l’activité de conseil et l’activité de producteur. 33. En premier lieu, 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.34. Les dispositions contestées, qui se bornent à préciser que l’incompatibilité ne concerne pas certains types d’informations, s’appliquent à l’ensemble des producteurs de produits phytopharmaceutiques. Ainsi, elles n’instituent, par elles-mêmes, aucune différence de traitement entre les personnes exerçant cette activité.35. Le grief tiré de la méconnaissance du principe d’égalité devant la loi ne peut donc qu’être écarté.36. En second lieu, ces dispositions se limitent à permettre la fourniture d’informations techniques nécessaires pour procéder à l’enrobage des semences aux prestataires de service assurant l’application des produits phytopharmaceutiques. Ainsi, elles ne portent, par elles-mêmes, aucune atteinte aux exigences découlant des articles 1er et 2 de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
l’article L. 254-1 du code rural et de la pêche maritime, les informations fournies à leurs clients par les producteurs pour l’enrobage des semences ne sont pas concernées par l’incompatibilité entre l’activité de conseil et l’activité de producteur. 33. En premier lieu, 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.34. Les dispositions contestées, qui se bornent à préciser que l’incompatibilité ne concerne pas certains types d’informations, s’appliquent à l’ensemble des producteurs de produits phytopharmaceutiques. Ainsi, elles n’instituent, par elles-mêmes, aucune différence de traitement entre les personnes exerçant cette activité.35. Le grief tiré de la méconnaissance du principe d’égalité devant la loi ne peut donc qu’être écarté.36. En second lieu, ces dispositions se limitent à permettre la fourniture d’informations techniques nécessaires pour procéder à l’enrobage des semences aux prestataires de service assurant l’application des produits phytopharmaceutiques. Ainsi, elles ne portent, par elles-mêmes, aucune atteinte aux exigences découlant des articles 1er et 2 de
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CONSTEXT000052086227_17
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CONSTEXT000052086227
| 17 |
65eaeab0f9df616a
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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aux prestataires de service assurant l’application des produits phytopharmaceutiques. Ainsi, elles ne portent, par elles-mêmes, aucune atteinte aux exigences découlant des articles 1er et 2 de la Charte de l’environnement, ni n’entraînent, en tout état de cause, de régression de la protection de l’environnement. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles doivent donc être écartés.37. Par conséquent, le second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le 9° de l’article 1er :38. Le 9° de l’article 1er modifie le premier alinéa de l’article L. 254-7 du code rural et de la pêche maritime relatif aux informations fournies lors de la vente de produits phytopharmaceutiques pour l’utilisation de ces produits. 39. Les députés auteurs de la première saisine, rejoints par les sénateurs requérants, reprochent à ces dispositions de supprimer, parmi les informations devant être fournies à l’utilisateur lors de la vente de produits phytopharmaceutiques, celles relatives à la cible et à la dose recommandée. Il en résulterait, selon eux, un risque de mauvaise utilisation des produits phytopharmaceutiques, en méconnaissance des articles 1er et 3 de la Charte de l’environnement ainsi que des objectifs de valeur constitutionnelle de protection de l’environnement et de protection de la santé.40. L’article L. 254-7
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
aux prestataires de service assurant l’application des produits phytopharmaceutiques. Ainsi, elles ne portent, par elles-mêmes, aucune atteinte aux exigences découlant des articles 1er et 2 de la Charte de l’environnement, ni n’entraînent, en tout état de cause, de régression de la protection de l’environnement. Les griefs tirés de la méconnaissance de ces exigences constitutionnelles doivent donc être écartés.37. Par conséquent, le second alinéa du paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le 9° de l’article 1er :38. Le 9° de l’article 1er modifie le premier alinéa de l’article L. 254-7 du code rural et de la pêche maritime relatif aux informations fournies lors de la vente de produits phytopharmaceutiques pour l’utilisation de ces produits. 39. Les députés auteurs de la première saisine, rejoints par les sénateurs requérants, reprochent à ces dispositions de supprimer, parmi les informations devant être fournies à l’utilisateur lors de la vente de produits phytopharmaceutiques, celles relatives à la cible et à la dose recommandée. Il en résulterait, selon eux, un risque de mauvaise utilisation des produits phytopharmaceutiques, en méconnaissance des articles 1er et 3 de la Charte de l’environnement ainsi que des objectifs de valeur constitutionnelle de protection de l’environnement et de protection de la santé.40. L’article L. 254-7
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CONSTEXT000052086227_18
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CONSTEXT000052086227
| 18 |
b7636a5f97cfcfd9
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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des articles 1er et 3 de la Charte de l’environnement ainsi que des objectifs de valeur constitutionnelle de protection de l’environnement et de protection de la santé.40. L’article L. 254-7 du code rural et de la pêche maritime définit les informations concernant l’utilisation des produits phytopharmaceutiques qui doivent être fournies aux utilisateurs lors de la vente.41. Les dispositions contestées suppriment la précision selon laquelle figurent, au nombre de ces informations, celles relatives à la cible et la dose recommandée.42. Selon l’article 1er de la Charte de l’environnement : « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». Son article 3 dispose : « Toute personne doit, dans les conditions définies par la loi, prévenir les atteintes qu’elle est susceptible de porter à l’environnement ou, à défaut, en limiter les conséquences ». Il incombe au législateur et, dans le cadre défini par la loi, aux autorités administratives de déterminer, dans le respect des principes ainsi énoncés par cet article, les modalités de la mise en œuvre de ces dispositions.43. Il est à tout moment loisible au législateur, statuant dans le domaine de sa compétence, d’adopter des dispositions nouvelles dont il lui appartient d’apprécier l’opportunité et de modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, dès lors que, dans l’exercice de ce pouvoir, il ne prive pas de garanties légales des
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
des articles 1er et 3 de la Charte de l’environnement ainsi que des objectifs de valeur constitutionnelle de protection de l’environnement et de protection de la santé.40. L’article L. 254-7 du code rural et de la pêche maritime définit les informations concernant l’utilisation des produits phytopharmaceutiques qui doivent être fournies aux utilisateurs lors de la vente.41. Les dispositions contestées suppriment la précision selon laquelle figurent, au nombre de ces informations, celles relatives à la cible et la dose recommandée.42. Selon l’article 1er de la Charte de l’environnement : « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». Son article 3 dispose : « Toute personne doit, dans les conditions définies par la loi, prévenir les atteintes qu’elle est susceptible de porter à l’environnement ou, à défaut, en limiter les conséquences ». Il incombe au législateur et, dans le cadre défini par la loi, aux autorités administratives de déterminer, dans le respect des principes ainsi énoncés par cet article, les modalités de la mise en œuvre de ces dispositions.43. Il est à tout moment loisible au législateur, statuant dans le domaine de sa compétence, d’adopter des dispositions nouvelles dont il lui appartient d’apprécier l’opportunité et de modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, dès lors que, dans l’exercice de ce pouvoir, il ne prive pas de garanties légales des
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CONSTEXT000052086227_19
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CONSTEXT000052086227
| 19 |
68ede1a10296db72
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, dès lors que, dans l’exercice de ce pouvoir, il ne prive pas de garanties légales des exigences de caractère constitutionnel.44. Il ressort des termes mêmes des dispositions du premier alinéa de l’article L. 254-7 du code rural et de la pêche maritime que, lors de la vente de produits phytopharmaceutiques, une personne, titulaire d’un certificat délivré par l’autorité administrative ou un organisme habilité, est disponible pour fournir aux utilisateurs les informations appropriées concernant l’utilisation des produits vendus, notamment les conditions de mise en œuvre, les risques pour la santé et l’environnement liés à une telle utilisation et les consignes de sécurité afin de gérer ces risques. 45. Ces dispositions n’ont pas pour objet et ne sauraient avoir pour effet de dispenser le vendeur d’indiquer aux utilisateurs l’usage pour lequel le produit est destiné ainsi que la dose recommandée, lorsqu’il s’agit d’informations appropriées pour l’utilisation des produits vendus. 46. Dès lors, ces dispositions ne privent pas de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement. Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté. 47. Par conséquent, le 9° de l’article 1er de la loi déférée, qui ne méconnaît aucune autre exigence
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, dès lors que, dans l’exercice de ce pouvoir, il ne prive pas de garanties légales des exigences de caractère constitutionnel.44. Il ressort des termes mêmes des dispositions du premier alinéa de l’article L. 254-7 du code rural et de la pêche maritime que, lors de la vente de produits phytopharmaceutiques, une personne, titulaire d’un certificat délivré par l’autorité administrative ou un organisme habilité, est disponible pour fournir aux utilisateurs les informations appropriées concernant l’utilisation des produits vendus, notamment les conditions de mise en œuvre, les risques pour la santé et l’environnement liés à une telle utilisation et les consignes de sécurité afin de gérer ces risques. 45. Ces dispositions n’ont pas pour objet et ne sauraient avoir pour effet de dispenser le vendeur d’indiquer aux utilisateurs l’usage pour lequel le produit est destiné ainsi que la dose recommandée, lorsqu’il s’agit d’informations appropriées pour l’utilisation des produits vendus. 46. Dès lors, ces dispositions ne privent pas de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement. Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté. 47. Par conséquent, le 9° de l’article 1er de la loi déférée, qui ne méconnaît aucune autre exigence
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CONSTEXT000052086227_20
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CONSTEXT000052086227
| 20 |
f06de3526803851b
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté. 47. Par conséquent, le 9° de l’article 1er de la loi déférée, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne certaines dispositions de l’article L. 254-10-1 du code rural et de la pêche maritime : 48. Le 11° de l’article 1er modifie l’article L. 254-10-1 du code rural et de la pêche maritime définissant les utilisateurs de produits phytopharmaceutiques soumis à des obligations de mettre en place des actions de réduction de l’usage de ces produits. 49. Les sénateurs requérants reprochent à ces dispositions de ne plus soumettre certains utilisateurs de produits phytopharmaceutiques à de telles obligations. Il en résulterait, selon eux, une atteinte disproportionnée au droit de vivre dans un environnement équilibré et respectueux de la santé.50. L’article L. 254-10 du code rural et de la pêche maritime met en place un dispositif visant à la réduction de l’utilisation de certains produits phytopharmaceutiques et comportant l’émission de certificats d’économie de ces produits.51. Pour l’application de ce dispositif, l’article L. 254-10-1 du même code, dans sa rédaction antérieure à celle résultant de la loi déférée, soumettait à des obligations de réalisation d’actions tendant à la réduction de l’utilisation de produits phytopharmaceutiques les personnes auprès desquelles la redevance pour pollutions diffuses est exigible.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
Le grief tiré de la méconnaissance de cette exigence constitutionnelle doit donc être écarté. 47. Par conséquent, le 9° de l’article 1er de la loi déférée, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne certaines dispositions de l’article L. 254-10-1 du code rural et de la pêche maritime : 48. Le 11° de l’article 1er modifie l’article L. 254-10-1 du code rural et de la pêche maritime définissant les utilisateurs de produits phytopharmaceutiques soumis à des obligations de mettre en place des actions de réduction de l’usage de ces produits. 49. Les sénateurs requérants reprochent à ces dispositions de ne plus soumettre certains utilisateurs de produits phytopharmaceutiques à de telles obligations. Il en résulterait, selon eux, une atteinte disproportionnée au droit de vivre dans un environnement équilibré et respectueux de la santé.50. L’article L. 254-10 du code rural et de la pêche maritime met en place un dispositif visant à la réduction de l’utilisation de certains produits phytopharmaceutiques et comportant l’émission de certificats d’économie de ces produits.51. Pour l’application de ce dispositif, l’article L. 254-10-1 du même code, dans sa rédaction antérieure à celle résultant de la loi déférée, soumettait à des obligations de réalisation d’actions tendant à la réduction de l’utilisation de produits phytopharmaceutiques les personnes auprès desquelles la redevance pour pollutions diffuses est exigible.
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CONSTEXT000052086227_21
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CONSTEXT000052086227
| 21 |
168f6c20ce2efb37
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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à des obligations de réalisation d’actions tendant à la réduction de l’utilisation de produits phytopharmaceutiques les personnes auprès desquelles la redevance pour pollutions diffuses est exigible. 52. En application des dispositions contestées, les personnes soumises à ces obligations sont désormais celles exerçant les activités de mise en vente, de vente et de distribution à titre gratuit de produits phytopharmaceutiques.53. Ces dispositions, qui se bornent à recentrer de telles obligations sur les vendeurs et les distributeurs de ces produits, ne portent pas, par elles-mêmes, atteinte aux exigences découlant de l’article 1er de la Charte de l’environnement. 54. Dès lors, le grief tiré de la méconnaissance de ces exigences constitutionnelles ne peut qu’être écarté.55. Par conséquent, les mots « exerçant les activités mentionnées au 1° du II de l’article L. 254-1 » figurant à la première phrase du premier alinéa du paragraphe I de l’article L. 254-10-1 du code rural et de la pêche maritime, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur certaines dispositions de l’article 2 :56. L’article 2 modifie plusieurs dispositions du chapitre III du titre V du livre II du code rural et de la pêche maritime, relatif à la mise sur le marché et l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le 1° de l’article 2 :57. Le 1° de l’article 2 insère un nouvel article L. 253-1 A au sein du code rural et de la pêche
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
à des obligations de réalisation d’actions tendant à la réduction de l’utilisation de produits phytopharmaceutiques les personnes auprès desquelles la redevance pour pollutions diffuses est exigible. 52. En application des dispositions contestées, les personnes soumises à ces obligations sont désormais celles exerçant les activités de mise en vente, de vente et de distribution à titre gratuit de produits phytopharmaceutiques.53. Ces dispositions, qui se bornent à recentrer de telles obligations sur les vendeurs et les distributeurs de ces produits, ne portent pas, par elles-mêmes, atteinte aux exigences découlant de l’article 1er de la Charte de l’environnement. 54. Dès lors, le grief tiré de la méconnaissance de ces exigences constitutionnelles ne peut qu’être écarté.55. Par conséquent, les mots « exerçant les activités mentionnées au 1° du II de l’article L. 254-1 » figurant à la première phrase du premier alinéa du paragraphe I de l’article L. 254-10-1 du code rural et de la pêche maritime, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur certaines dispositions de l’article 2 :56. L’article 2 modifie plusieurs dispositions du chapitre III du titre V du livre II du code rural et de la pêche maritime, relatif à la mise sur le marché et l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le 1° de l’article 2 :57. Le 1° de l’article 2 insère un nouvel article L. 253-1 A au sein du code rural et de la pêche
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CONSTEXT000052086227_22
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CONSTEXT000052086227
| 22 |
cedcb683598423cd
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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marché et l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le 1° de l’article 2 :57. Le 1° de l’article 2 insère un nouvel article L. 253-1 A au sein du code rural et de la pêche maritime, dont le premier alinéa prévoit : « Lorsque l’État interdit des produits phytopharmaceutiques contenant une substance active ou une famille de substances actives déterminées qui sont approuvées en application de la réglementation européenne, il accompagne les professionnels dans la recherche et la diffusion de solutions alternatives et se fixe pour objectif d’indemniser les exploitants agricoles subissant des pertes d’exploitation significatives tant que les alternatives disponibles à l’utilisation de ces produits sont inexistantes ou manifestement insuffisantes ». Son second alinéa précise ce qui constitue une « solution alternative » au sens de ce texte.58. Les sénateurs requérants critiquent le manque de clarté et de précision des termes « accompagne » et « professionnels » retenus par le législateur. Il en résulterait une méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi. 59. En outre, selon eux, faute d’avoir défini de façon suffisamment précise la notion de « solution alternative » à l’utilisation de produits phytopharmaceutiques, le législateur aurait méconnu l’étendue de sa compétence. 60. Ils font par ailleurs valoir que la définition de ces solutions alternatives, qui se réfère aux caractéristiques de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
marché et l’utilisation des produits phytopharmaceutiques.. En ce qui concerne le 1° de l’article 2 :57. Le 1° de l’article 2 insère un nouvel article L. 253-1 A au sein du code rural et de la pêche maritime, dont le premier alinéa prévoit : « Lorsque l’État interdit des produits phytopharmaceutiques contenant une substance active ou une famille de substances actives déterminées qui sont approuvées en application de la réglementation européenne, il accompagne les professionnels dans la recherche et la diffusion de solutions alternatives et se fixe pour objectif d’indemniser les exploitants agricoles subissant des pertes d’exploitation significatives tant que les alternatives disponibles à l’utilisation de ces produits sont inexistantes ou manifestement insuffisantes ». Son second alinéa précise ce qui constitue une « solution alternative » au sens de ce texte.58. Les sénateurs requérants critiquent le manque de clarté et de précision des termes « accompagne » et « professionnels » retenus par le législateur. Il en résulterait une méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi. 59. En outre, selon eux, faute d’avoir défini de façon suffisamment précise la notion de « solution alternative » à l’utilisation de produits phytopharmaceutiques, le législateur aurait méconnu l’étendue de sa compétence. 60. Ils font par ailleurs valoir que la définition de ces solutions alternatives, qui se réfère aux caractéristiques de
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CONSTEXT000052086227_23
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CONSTEXT000052086227
| 23 |
5532a8c0d22be070
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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phytopharmaceutiques, le législateur aurait méconnu l’étendue de sa compétence. 60. Ils font par ailleurs valoir que la définition de ces solutions alternatives, qui se réfère aux caractéristiques de produits interdits, ne prendrait pas en compte la protection de l’environnement et la santé humaine. Il en résulterait une méconnaissance des exigences découlant des articles 1er et 3 de la Charte de l’environnement.61. En premier lieu, l’article 1er de la Charte de l’environnement dispose que « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ».62. Aux termes du vingt-et-unième alinéa de l’article 34 de la Constitution : « Des lois de programmation déterminent les objectifs de l’action de l’État ». 63. Les objectifs assignés par la loi à l’action de l’État ne sauraient contrevenir aux exigences de l’article 1er de la Charte de l’environnement. Le Conseil constitutionnel ne dispose toutefois pas d’un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Il ne saurait se prononcer sur l’opportunité des objectifs que le législateur assigne à l’action de l’État, dès lors que ceux-ci ne sont pas manifestement inadéquats à la mise en œuvre de ces exigences constitutionnelles.64. Les dispositions contestées, qui ont un caractère programmatique, se bornent à fixer comme objectif à l’action de l’État d’accompagner les professionnels dans la recherche et la diffusion de solutions alternatives en cas d’interdiction de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
phytopharmaceutiques, le législateur aurait méconnu l’étendue de sa compétence. 60. Ils font par ailleurs valoir que la définition de ces solutions alternatives, qui se réfère aux caractéristiques de produits interdits, ne prendrait pas en compte la protection de l’environnement et la santé humaine. Il en résulterait une méconnaissance des exigences découlant des articles 1er et 3 de la Charte de l’environnement.61. En premier lieu, l’article 1er de la Charte de l’environnement dispose que « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ».62. Aux termes du vingt-et-unième alinéa de l’article 34 de la Constitution : « Des lois de programmation déterminent les objectifs de l’action de l’État ». 63. Les objectifs assignés par la loi à l’action de l’État ne sauraient contrevenir aux exigences de l’article 1er de la Charte de l’environnement. Le Conseil constitutionnel ne dispose toutefois pas d’un pouvoir général d’appréciation et de décision de même nature que celui du Parlement. Il ne saurait se prononcer sur l’opportunité des objectifs que le législateur assigne à l’action de l’État, dès lors que ceux-ci ne sont pas manifestement inadéquats à la mise en œuvre de ces exigences constitutionnelles.64. Les dispositions contestées, qui ont un caractère programmatique, se bornent à fixer comme objectif à l’action de l’État d’accompagner les professionnels dans la recherche et la diffusion de solutions alternatives en cas d’interdiction de
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CONSTEXT000052086227_24
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CONSTEXT000052086227
| 24 |
3ed4a18fd3d58d68
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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caractère programmatique, se bornent à fixer comme objectif à l’action de l’État d’accompagner les professionnels dans la recherche et la diffusion de solutions alternatives en cas d’interdiction de produits phytopharmaceutiques contenant une substance active approuvée au niveau européen. Dès lors, le grief tiré de la méconnaissance de l’article 1er de la Charte de l’environnement ne peut qu’être écarté.65. En second lieu, l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi, qui découle des articles 4, 5, 6 et 16 de la Déclaration de 1789, impose au législateur d’adopter des dispositions suffisamment précises et des formules non équivoques. 66. Ni le terme « accompagne » ni celui de « professionnels » ne sont inintelligibles. Le grief tiré de la méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi à l’encontre de ces dispositions programmatiques doit donc être écarté.67. Par conséquent, l’article L. 253-1 A du code rural et de la pêche maritime, qui n’est pas entaché d’incompétence négative et ne méconnaît pas non plus l’article 3 de la Charte de l’environnement ni aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le d du 3° de l’article 2 :68. Le d du 3° de l’article 2 insère un paragraphe II ter au sein de l’article L. 253-8 du code rural et de la pêche maritime afin de permettre, sous certaines conditions, de déroger par décret à l’interdiction
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
caractère programmatique, se bornent à fixer comme objectif à l’action de l’État d’accompagner les professionnels dans la recherche et la diffusion de solutions alternatives en cas d’interdiction de produits phytopharmaceutiques contenant une substance active approuvée au niveau européen. Dès lors, le grief tiré de la méconnaissance de l’article 1er de la Charte de l’environnement ne peut qu’être écarté.65. En second lieu, l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi, qui découle des articles 4, 5, 6 et 16 de la Déclaration de 1789, impose au législateur d’adopter des dispositions suffisamment précises et des formules non équivoques. 66. Ni le terme « accompagne » ni celui de « professionnels » ne sont inintelligibles. Le grief tiré de la méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi à l’encontre de ces dispositions programmatiques doit donc être écarté.67. Par conséquent, l’article L. 253-1 A du code rural et de la pêche maritime, qui n’est pas entaché d’incompétence négative et ne méconnaît pas non plus l’article 3 de la Charte de l’environnement ni aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le d du 3° de l’article 2 :68. Le d du 3° de l’article 2 insère un paragraphe II ter au sein de l’article L. 253-8 du code rural et de la pêche maritime afin de permettre, sous certaines conditions, de déroger par décret à l’interdiction
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CONSTEXT000052086227_25
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CONSTEXT000052086227
| 25 |
9f39f49fa25763f3
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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3° de l’article 2 insère un paragraphe II ter au sein de l’article L. 253-8 du code rural et de la pêche maritime afin de permettre, sous certaines conditions, de déroger par décret à l’interdiction d’utiliser des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, ainsi que des semences traitées avec ces produits. 69. Les députés et sénateurs requérants reprochent à ces dispositions de ne pas suffisamment encadrer cette dérogation dans le temps, l’espace et les usages autorisés et de ne pas la soumettre à des conditions suffisamment précises tenant notamment compte des risques pour la biodiversité et pour la santé humaine. À cet égard, ils soulignent les incidences négatives de ces produits sur la biodiversité, en particulier pour les insectes pollinisateurs, les oiseaux et les autres animaux invertébrés, les conséquences sur les sols et la qualité de l’eau, ainsi que la dangerosité de certaines de ces substances pour la santé humaine. 70. Il en résulterait une méconnaissance du droit de vivre dans un environnement sain et équilibré, du devoir de toute personne de prendre part à la préservation et à l’amélioration de l’environnement, d’un principe de non-régression en matière environnementale qu’ils demandent au Conseil constitutionnel de reconnaître, des principes de prévention et de précaution, ainsi que du devoir, pour les politiques publiques, de promouvoir un développement durable, garantis par les articles 1er, 2, 3, 5 et 6 de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
3° de l’article 2 insère un paragraphe II ter au sein de l’article L. 253-8 du code rural et de la pêche maritime afin de permettre, sous certaines conditions, de déroger par décret à l’interdiction d’utiliser des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, ainsi que des semences traitées avec ces produits. 69. Les députés et sénateurs requérants reprochent à ces dispositions de ne pas suffisamment encadrer cette dérogation dans le temps, l’espace et les usages autorisés et de ne pas la soumettre à des conditions suffisamment précises tenant notamment compte des risques pour la biodiversité et pour la santé humaine. À cet égard, ils soulignent les incidences négatives de ces produits sur la biodiversité, en particulier pour les insectes pollinisateurs, les oiseaux et les autres animaux invertébrés, les conséquences sur les sols et la qualité de l’eau, ainsi que la dangerosité de certaines de ces substances pour la santé humaine. 70. Il en résulterait une méconnaissance du droit de vivre dans un environnement sain et équilibré, du devoir de toute personne de prendre part à la préservation et à l’amélioration de l’environnement, d’un principe de non-régression en matière environnementale qu’ils demandent au Conseil constitutionnel de reconnaître, des principes de prévention et de précaution, ainsi que du devoir, pour les politiques publiques, de promouvoir un développement durable, garantis par les articles 1er, 2, 3, 5 et 6 de
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CONSTEXT000052086227_26
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CONSTEXT000052086227
| 26 |
2b270d189471dd88
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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reconnaître, des principes de prévention et de précaution, ainsi que du devoir, pour les politiques publiques, de promouvoir un développement durable, garantis par les articles 1er, 2, 3, 5 et 6 de la Charte de l’environnement. Selon eux, seraient également méconnus, pour les mêmes motifs, le droit à la protection de la santé résultant du onzième alinéa du Préambule de la Constitution de 1946, ainsi que l’objectif de valeur constitutionnelle de protection de l’environnement. 71. Les sénateurs requérants reprochent par ailleurs à ces dispositions d’être manifestement incompatibles avec l’article 53 du règlement européen du 21 octobre 2009 fixant les conditions dans lesquelles un État membre peut déroger aux dispositions relatives à l’autorisation de mise sur le marché de produits phytopharmaceutiques. Il en résulterait selon eux une méconnaissance de l’article 88-1 de la Constitution.72. L’article 1er de la Charte de l’environnement dispose que « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». Son article 2 prévoit que « Toute personne a le devoir de prendre part à la préservation et à l’amélioration de l’environnement ». Aux termes de son article 6, « Les politiques publiques doivent promouvoir un développement durable. À cet effet, elles concilient la protection et la mise en valeur de l’environnement, le développement économique et le progrès social ».73. S’il est loisible au législateur, statuant dans le domaine de sa compétence,
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
reconnaître, des principes de prévention et de précaution, ainsi que du devoir, pour les politiques publiques, de promouvoir un développement durable, garantis par les articles 1er, 2, 3, 5 et 6 de la Charte de l’environnement. Selon eux, seraient également méconnus, pour les mêmes motifs, le droit à la protection de la santé résultant du onzième alinéa du Préambule de la Constitution de 1946, ainsi que l’objectif de valeur constitutionnelle de protection de l’environnement. 71. Les sénateurs requérants reprochent par ailleurs à ces dispositions d’être manifestement incompatibles avec l’article 53 du règlement européen du 21 octobre 2009 fixant les conditions dans lesquelles un État membre peut déroger aux dispositions relatives à l’autorisation de mise sur le marché de produits phytopharmaceutiques. Il en résulterait selon eux une méconnaissance de l’article 88-1 de la Constitution.72. L’article 1er de la Charte de l’environnement dispose que « Chacun a le droit de vivre dans un environnement équilibré et respectueux de la santé ». Son article 2 prévoit que « Toute personne a le devoir de prendre part à la préservation et à l’amélioration de l’environnement ». Aux termes de son article 6, « Les politiques publiques doivent promouvoir un développement durable. À cet effet, elles concilient la protection et la mise en valeur de l’environnement, le développement économique et le progrès social ».73. S’il est loisible au législateur, statuant dans le domaine de sa compétence,
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CONSTEXT000052086227_27
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CONSTEXT000052086227
| 27 |
f4e0b75adbf3b0f0
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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concilient la protection et la mise en valeur de l’environnement, le développement économique et le progrès social ».73. S’il est loisible au législateur, statuant dans le domaine de sa compétence, de modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, il doit prendre en compte, notamment, le devoir de prendre part à la préservation et à l’amélioration de l’environnement mentionné à l’article 2 de la Charte de l’environnement et ne saurait priver de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé consacré par l’article 1er de la Charte de l’environnement.74. Les limitations portées par le législateur à l’exercice de ce droit ne sauraient être que liées à des exigences constitutionnelles ou justifiées par un motif d’intérêt général et doivent être proportionnées à l’objectif poursuivi.75. Selon le paragraphe II de l’article L. 253-8 du code rural et de la pêche maritime, est interdite l’utilisation de produits phytopharmaceutiques contenant une ou des substances actives de la famille des néonicotinoïdes ou présentant des modes d’action identiques à ceux de ces substances, ainsi que des semences traitées avec ces produits.76. Le nouveau paragraphe II ter du même article L. 253-8 prévoit qu’un décret peut, sous certaines conditions, déroger à cette interdiction. 77. Il résulte des travaux préparatoires que le législateur a ainsi entendu permettre à certaines filières
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
concilient la protection et la mise en valeur de l’environnement, le développement économique et le progrès social ».73. S’il est loisible au législateur, statuant dans le domaine de sa compétence, de modifier des textes antérieurs ou d’abroger ceux-ci en leur substituant, le cas échéant, d’autres dispositions, il doit prendre en compte, notamment, le devoir de prendre part à la préservation et à l’amélioration de l’environnement mentionné à l’article 2 de la Charte de l’environnement et ne saurait priver de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé consacré par l’article 1er de la Charte de l’environnement.74. Les limitations portées par le législateur à l’exercice de ce droit ne sauraient être que liées à des exigences constitutionnelles ou justifiées par un motif d’intérêt général et doivent être proportionnées à l’objectif poursuivi.75. Selon le paragraphe II de l’article L. 253-8 du code rural et de la pêche maritime, est interdite l’utilisation de produits phytopharmaceutiques contenant une ou des substances actives de la famille des néonicotinoïdes ou présentant des modes d’action identiques à ceux de ces substances, ainsi que des semences traitées avec ces produits.76. Le nouveau paragraphe II ter du même article L. 253-8 prévoit qu’un décret peut, sous certaines conditions, déroger à cette interdiction. 77. Il résulte des travaux préparatoires que le législateur a ainsi entendu permettre à certaines filières
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CONSTEXT000052086227_34
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CONSTEXT000052086227
| 34 |
2d7915d29069434f
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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la consultation doivent être pris en considération par le maître d’ouvrage et par l’autorité compétente pour prendre la décision.99. Le grief tiré de la méconnaissance de l’article 7 de la Charte de l’environnement doit donc être écarté.100. Par conséquent, le dernier alinéa du 1°, l’avant-dernière phrase du 4° et le deuxième alinéa du 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.. En ce qui concerne le paragraphe I ter de l’article L. 512-7 du code de l’environnement : 101. Le b du 2° du paragraphe I de l’article 3 insère notamment un nouveau paragraphe I ter au sein de l’article L. 512-7 du code de l’environnement relatif aux installations classées pour la protection de l’environnement soumises à enregistrement, afin de prévoir que certaines installations d’élevage peuvent être soumises à ce régime au lieu du régime d’autorisation prévu à l’article L. 512-1 du même code.102. Les sénateurs requérants soutiennent que ces dispositions porteraient atteinte au droit d’accéder à l’information relative à l’environnement, dès lors que les installations soumises à enregistrement peuvent être dispensées de réaliser une évaluation environnementale complète accessible au public. Ils soutiennent, pour les mêmes motifs, que serait méconnue l’exigence constitutionnelle de participation du public aux décisions ayant une incidence sur l’environnement, le public
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
la consultation doivent être pris en considération par le maître d’ouvrage et par l’autorité compétente pour prendre la décision.99. Le grief tiré de la méconnaissance de l’article 7 de la Charte de l’environnement doit donc être écarté.100. Par conséquent, le dernier alinéa du 1°, l’avant-dernière phrase du 4° et le deuxième alinéa du 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement, qui ne méconnaissent aucune autre exigence constitutionnelle, sont conformes à la Constitution.. En ce qui concerne le paragraphe I ter de l’article L. 512-7 du code de l’environnement : 101. Le b du 2° du paragraphe I de l’article 3 insère notamment un nouveau paragraphe I ter au sein de l’article L. 512-7 du code de l’environnement relatif aux installations classées pour la protection de l’environnement soumises à enregistrement, afin de prévoir que certaines installations d’élevage peuvent être soumises à ce régime au lieu du régime d’autorisation prévu à l’article L. 512-1 du même code.102. Les sénateurs requérants soutiennent que ces dispositions porteraient atteinte au droit d’accéder à l’information relative à l’environnement, dès lors que les installations soumises à enregistrement peuvent être dispensées de réaliser une évaluation environnementale complète accessible au public. Ils soutiennent, pour les mêmes motifs, que serait méconnue l’exigence constitutionnelle de participation du public aux décisions ayant une incidence sur l’environnement, le public
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CONSTEXT000052086227_28
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CONSTEXT000052086227
| 28 |
dfddc43fea0c529f
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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prévoit qu’un décret peut, sous certaines conditions, déroger à cette interdiction. 77. Il résulte des travaux préparatoires que le législateur a ainsi entendu permettre à certaines filières agricoles de faire face aux graves dangers qui menacent leurs cultures, afin de préserver leurs capacités de production et de les prémunir de distorsions de concurrence au niveau européen. Il a, ce faisant, poursuivi un motif d’intérêt général.78. Les dispositions contestées permettent, pour faire face à une menace grave compromettant la production agricole et pour un usage déterminé, de déroger à l’interdiction d’utilisation des produits en cause s’ils contiennent des substances approuvées en application du règlement européen du 21 octobre 2009. Une telle dérogation peut être décidée, après avis public du conseil de surveillance prévu au paragraphe II bis de l’article L. 253-8 du code rural et de la pêche maritime, lorsque les alternatives disponibles à l’utilisation de ces produits sont inexistantes ou manifestement insuffisantes et qu’il existe un plan de recherche sur les alternatives à leur utilisation. Elle intervient sans préjudice de la nécessité d’obtenir une autorisation de mise sur le marché ou une autorisation accordée dans les conditions prévues à l’article 53 de ce même règlement. 79. Toutefois, en premier lieu, les produits en cause ont des incidences sur la biodiversité, en particulier pour les insectes pollinisateurs et les oiseaux, ainsi que des conséquences sur la
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
prévoit qu’un décret peut, sous certaines conditions, déroger à cette interdiction. 77. Il résulte des travaux préparatoires que le législateur a ainsi entendu permettre à certaines filières agricoles de faire face aux graves dangers qui menacent leurs cultures, afin de préserver leurs capacités de production et de les prémunir de distorsions de concurrence au niveau européen. Il a, ce faisant, poursuivi un motif d’intérêt général.78. Les dispositions contestées permettent, pour faire face à une menace grave compromettant la production agricole et pour un usage déterminé, de déroger à l’interdiction d’utilisation des produits en cause s’ils contiennent des substances approuvées en application du règlement européen du 21 octobre 2009. Une telle dérogation peut être décidée, après avis public du conseil de surveillance prévu au paragraphe II bis de l’article L. 253-8 du code rural et de la pêche maritime, lorsque les alternatives disponibles à l’utilisation de ces produits sont inexistantes ou manifestement insuffisantes et qu’il existe un plan de recherche sur les alternatives à leur utilisation. Elle intervient sans préjudice de la nécessité d’obtenir une autorisation de mise sur le marché ou une autorisation accordée dans les conditions prévues à l’article 53 de ce même règlement. 79. Toutefois, en premier lieu, les produits en cause ont des incidences sur la biodiversité, en particulier pour les insectes pollinisateurs et les oiseaux, ainsi que des conséquences sur la
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CONSTEXT000052086227_29
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CONSTEXT000052086227
| 29 |
42bcfa5b99d7b40b
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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79. Toutefois, en premier lieu, les produits en cause ont des incidences sur la biodiversité, en particulier pour les insectes pollinisateurs et les oiseaux, ainsi que des conséquences sur la qualité de l’eau et des sols et induisent des risques pour la santé humaine.80. En second lieu, d’une part, les dispositions contestées permettent d’accorder une dérogation à l’interdiction d’utilisation de ces produits pour toutes les filières agricoles, sans les limiter à celles pour lesquelles le législateur aurait identifié une menace particulière dont la gravité compromettrait la production agricole. 81. D’autre part, ces dispositions se bornent à prévoir que le conseil de surveillance rend un avis public au terme d’une période de trois ans puis chaque année sur le point de savoir si les conditions de la dérogation demeurent réunies et qu’il doit y être mis fin lorsque l’une de ces conditions n’est plus remplie. Ce faisant, elles n’imposent pas que la dérogation soit accordée, à titre transitoire, pour une période déterminée. 82. En outre, une telle dérogation peut être décidée pour tous types d’usage et de traitement, y compris ceux qui, recourant à la pulvérisation, présentent des risques élevés de dispersion des substances. 83. Il résulte de tout ce qui précède que le législateur, en permettant de déroger dans de telles conditions à l’interdiction des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, a privé de garanties légales le
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
79. Toutefois, en premier lieu, les produits en cause ont des incidences sur la biodiversité, en particulier pour les insectes pollinisateurs et les oiseaux, ainsi que des conséquences sur la qualité de l’eau et des sols et induisent des risques pour la santé humaine.80. En second lieu, d’une part, les dispositions contestées permettent d’accorder une dérogation à l’interdiction d’utilisation de ces produits pour toutes les filières agricoles, sans les limiter à celles pour lesquelles le législateur aurait identifié une menace particulière dont la gravité compromettrait la production agricole. 81. D’autre part, ces dispositions se bornent à prévoir que le conseil de surveillance rend un avis public au terme d’une période de trois ans puis chaque année sur le point de savoir si les conditions de la dérogation demeurent réunies et qu’il doit y être mis fin lorsque l’une de ces conditions n’est plus remplie. Ce faisant, elles n’imposent pas que la dérogation soit accordée, à titre transitoire, pour une période déterminée. 82. En outre, une telle dérogation peut être décidée pour tous types d’usage et de traitement, y compris ceux qui, recourant à la pulvérisation, présentent des risques élevés de dispersion des substances. 83. Il résulte de tout ce qui précède que le législateur, en permettant de déroger dans de telles conditions à l’interdiction des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, a privé de garanties légales le
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CONSTEXT000052086227_30
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CONSTEXT000052086227
| 30 |
bc376fa1f6c75fae
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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en permettant de déroger dans de telles conditions à l’interdiction des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, a privé de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement. 84. Par conséquent, sans qu’il soit besoin d’examiner les autres griefs, le d du 3° de l’article 2 est contraire à la Constitution. Il en va de même par voie de conséquence du troisième alinéa du b de ce même 3°, qui en est inséparable. - Sur certaines dispositions de l’article 3 :85. L’article 3 modifie notamment certaines dispositions du code de l’environnement.. En ce qui concerne certaines dispositions des 1°, 4° et 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement :86. Le 1° du paragraphe I de l’article 3 modifie les modalités de consultation du public sur certains projets destinés à l’élevage et soumis à autorisation environnementale.87. Les sénateurs requérants, rejoints par les députés auteurs de la première saisine, soutiennent que ces dispositions méconnaîtraient l’article 7 de la Charte de l’environnement, faute pour le législateur d’avoir suffisamment défini les conditions de participation du public et d’obliger le pétitionnaire à répondre aux avis du public.88. Les députés auteurs de la première saisine soutiennent en outre que ces dispositions institueraient une différence de traitement injustifiée entre les
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
en permettant de déroger dans de telles conditions à l’interdiction des produits phytopharmaceutiques contenant des néonicotinoïdes ou autres substances assimilées, a privé de garanties légales le droit de vivre dans un environnement équilibré et respectueux de la santé garanti par l’article 1er de la Charte de l’environnement. 84. Par conséquent, sans qu’il soit besoin d’examiner les autres griefs, le d du 3° de l’article 2 est contraire à la Constitution. Il en va de même par voie de conséquence du troisième alinéa du b de ce même 3°, qui en est inséparable. - Sur certaines dispositions de l’article 3 :85. L’article 3 modifie notamment certaines dispositions du code de l’environnement.. En ce qui concerne certaines dispositions des 1°, 4° et 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement :86. Le 1° du paragraphe I de l’article 3 modifie les modalités de consultation du public sur certains projets destinés à l’élevage et soumis à autorisation environnementale.87. Les sénateurs requérants, rejoints par les députés auteurs de la première saisine, soutiennent que ces dispositions méconnaîtraient l’article 7 de la Charte de l’environnement, faute pour le législateur d’avoir suffisamment défini les conditions de participation du public et d’obliger le pétitionnaire à répondre aux avis du public.88. Les députés auteurs de la première saisine soutiennent en outre que ces dispositions institueraient une différence de traitement injustifiée entre les
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CONSTEXT000052086227_31
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CONSTEXT000052086227
| 31 |
7edf0a957c8d3b3d
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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pétitionnaire à répondre aux avis du public.88. Les députés auteurs de la première saisine soutiennent en outre que ces dispositions institueraient une différence de traitement injustifiée entre les pétitionnaires, selon la nature de leur activité, seuls les élevages de bovins, de porcs et de volailles pouvant bénéficier de modalités dérogatoires de consultation du public, en méconnaissance du principe d’égalité devant la loi.89. En premier lieu, 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.90. Le 1° du paragraphe I de l’article 3 de la loi déférée modifie notamment le paragraphe III de l’article L. 181-10-1 du code de l’environnement relatif à la consultation du public en vue de l’obtention d’une autorisation environnementale, afin de définir des modalités particulières de recueil des contributions du public dans le cadre de l’autorisation de certains projets destinés à l’élevage de bovins, de porcs ou de volailles.91. Ce faisant, ces dispositions instaurent une différence de traitement entre les demandeurs de ces autorisations selon le type d’élevage du projet soumis à la
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
pétitionnaire à répondre aux avis du public.88. Les députés auteurs de la première saisine soutiennent en outre que ces dispositions institueraient une différence de traitement injustifiée entre les pétitionnaires, selon la nature de leur activité, seuls les élevages de bovins, de porcs et de volailles pouvant bénéficier de modalités dérogatoires de consultation du public, en méconnaissance du principe d’égalité devant la loi.89. En premier lieu, 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.90. Le 1° du paragraphe I de l’article 3 de la loi déférée modifie notamment le paragraphe III de l’article L. 181-10-1 du code de l’environnement relatif à la consultation du public en vue de l’obtention d’une autorisation environnementale, afin de définir des modalités particulières de recueil des contributions du public dans le cadre de l’autorisation de certains projets destinés à l’élevage de bovins, de porcs ou de volailles.91. Ce faisant, ces dispositions instaurent une différence de traitement entre les demandeurs de ces autorisations selon le type d’élevage du projet soumis à la
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CONSTEXT000052086227_32
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CONSTEXT000052086227
| 32 |
40f236719fe2aef8
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DC
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Non conformité partielle - réserve
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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2025-891
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2025-08-07
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de bovins, de porcs ou de volailles.91. Ce faisant, ces dispositions instaurent une différence de traitement entre les demandeurs de ces autorisations selon le type d’élevage du projet soumis à la procédure d’autorisation environnementale.92. Il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu faire bénéficier certaines exploitations d’élevage de simplifications administratives afin de corriger les conséquences de dispositions du droit national qui excèdent, selon lui, les exigences de transposition résultant de plusieurs directives de l’Union européenne.93. Or, au regard des dispositions de droit national transposant les directives européennes du 24 novembre 2010 et du 13 décembre 2011 mentionnées ci-dessus relatives à l’élevage de bovins, de porcs ou de volailles, le législateur a pu considérer que les installations destinées à ces types d’élevages se distinguent des autres exploitations. 94. Ainsi, la différence de traitement instituée par ces dispositions, qui est fondée sur une différence de situation, est en rapport avec l’objet de la loi. 95. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.96. En second lieu, selon l’article 7 de la Charte de l’environnement : « Toute personne a le droit, dans les conditions et les limites définies par la loi, d’accéder aux informations relatives à l’environnement détenues par les autorités publiques et de participer à l’élaboration des décisions
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
de bovins, de porcs ou de volailles.91. Ce faisant, ces dispositions instaurent une différence de traitement entre les demandeurs de ces autorisations selon le type d’élevage du projet soumis à la procédure d’autorisation environnementale.92. Il ressort des travaux préparatoires qu’en adoptant ces dispositions, le législateur a entendu faire bénéficier certaines exploitations d’élevage de simplifications administratives afin de corriger les conséquences de dispositions du droit national qui excèdent, selon lui, les exigences de transposition résultant de plusieurs directives de l’Union européenne.93. Or, au regard des dispositions de droit national transposant les directives européennes du 24 novembre 2010 et du 13 décembre 2011 mentionnées ci-dessus relatives à l’élevage de bovins, de porcs ou de volailles, le législateur a pu considérer que les installations destinées à ces types d’élevages se distinguent des autres exploitations. 94. Ainsi, la différence de traitement instituée par ces dispositions, qui est fondée sur une différence de situation, est en rapport avec l’objet de la loi. 95. Le grief tiré de la méconnaissance du principe d’égalité devant la loi doit donc être écarté.96. En second lieu, selon l’article 7 de la Charte de l’environnement : « Toute personne a le droit, dans les conditions et les limites définies par la loi, d’accéder aux informations relatives à l’environnement détenues par les autorités publiques et de participer à l’élaboration des décisions
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