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CONSTEXT000052086227_33
|
CONSTEXT000052086227
| 33 |
ba029913216e622f
|
DC
|
Non conformité partielle - réserve
|
Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
|
2025-891
|
2025-08-07
|
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 publiques ayant une incidence sur l’environnement ». Il incombe au législateur et, dans le cadre défini par la loi, aux autorités administratives de déterminer, dans le respect des principes ainsi énoncés, les modalités de la mise en œuvre de ces dispositions.97. D’une part, les dispositions contestées des 1° et 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement, qui se bornent à remplacer les réunions publiques d’ouverture et de clôture de la consultation du public par une permanence organisée par le commissaire enquêteur ou la commission d’enquête, ne modifient pas les conditions et les limites définies par ailleurs à cet article qui assurent la mise en œuvre du principe de participation du public à l’élaboration des décisions publiques en cause.98. D’autre part, si les dispositions contestées du 4° du paragraphe III du même article précisent que les réponses du pétitionnaire aux avis, observations et propositions du public sont facultatives, il ressort en tout état de cause du premier alinéa de son paragraphe II que ceux parvenus pendant la durée de 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
|
Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 publiques ayant une incidence sur l’environnement ». Il incombe au législateur et, dans le cadre défini par la loi, aux autorités administratives de déterminer, dans le respect des principes ainsi énoncés, les modalités de la mise en œuvre de ces dispositions.97. D’une part, les dispositions contestées des 1° et 5° du paragraphe III de l’article L. 181-10-1 du code de l’environnement, qui se bornent à remplacer les réunions publiques d’ouverture et de clôture de la consultation du public par une permanence organisée par le commissaire enquêteur ou la commission d’enquête, ne modifient pas les conditions et les limites définies par ailleurs à cet article qui assurent la mise en œuvre du principe de participation du public à l’élaboration des décisions publiques en cause.98. D’autre part, si les dispositions contestées du 4° du paragraphe III du même article précisent que les réponses du pétitionnaire aux avis, observations et propositions du public sont facultatives, il ressort en tout état de cause du premier alinéa de son paragraphe II que ceux parvenus pendant la durée de 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
|
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|
CONSTEXT000052086227_35
|
CONSTEXT000052086227
| 35 |
27604aa26bcefd2a
|
DC
|
Non conformité partielle - réserve
|
Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
|
2025-891
|
2025-08-07
|
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 n’étant plus systématiquement amené à pouvoir formuler des observations sur l’étude d’impact d’un projet. Il en résulterait une méconnaissance des exigences de l’article 7 de la Charte de l’environnement, ainsi que, en raison de la réduction des obligations imposées aux installations d’élevage, une méconnaissance du principe de préservation de l’environnement garanti par son article 2.103. En application de l’article L. 512-7 du code de l’environnement, les installations classées pour la protection de l’environnement sont soumises à enregistrement lorsqu’elles présentent de graves dangers ou inconvénients pour la santé, la sécurité publique et l’environnement, mais que ces dangers et inconvénients peuvent en principe être prévenus par le respect de prescriptions générales. Toutefois, les installations relevant de la directive européenne du 24 novembre 2010 au titre de son annexe I sont exclues du champ d’application de cet article et soumises à autorisation. 104. Le nouveau paragraphe I ter de l’article L. 512-7 du code de l’environnement prévoit que peuvent désormais relever du régime de l’enregistrement certaines installations d’élevages de porcs ou de volailles relevant de l’annexe I bis de la directive européenne du 24 novembre 2010, à l’exception des installations destinées à
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 n’étant plus systématiquement amené à pouvoir formuler des observations sur l’étude d’impact d’un projet. Il en résulterait une méconnaissance des exigences de l’article 7 de la Charte de l’environnement, ainsi que, en raison de la réduction des obligations imposées aux installations d’élevage, une méconnaissance du principe de préservation de l’environnement garanti par son article 2.103. En application de l’article L. 512-7 du code de l’environnement, les installations classées pour la protection de l’environnement sont soumises à enregistrement lorsqu’elles présentent de graves dangers ou inconvénients pour la santé, la sécurité publique et l’environnement, mais que ces dangers et inconvénients peuvent en principe être prévenus par le respect de prescriptions générales. Toutefois, les installations relevant de la directive européenne du 24 novembre 2010 au titre de son annexe I sont exclues du champ d’application de cet article et soumises à autorisation. 104. Le nouveau paragraphe I ter de l’article L. 512-7 du code de l’environnement prévoit que peuvent désormais relever du régime de l’enregistrement certaines installations d’élevages de porcs ou de volailles relevant de l’annexe I bis de la directive européenne du 24 novembre 2010, à l’exception des installations destinées à
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CONSTEXT000052086227_36
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CONSTEXT000052086227
| 36 |
64d8dd2e9bf41394
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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 l’enregistrement certaines installations d’élevages de porcs ou de volailles relevant de l’annexe I bis de la directive européenne du 24 novembre 2010, à l’exception des installations destinées à l’élevage intensif énumérées à l’annexe I de la directive européenne du 13 décembre 2011.105. 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 ». Aux termes de son article 2, « Toute personne a le devoir de prendre part à la préservation et à l’amélioration de l’environnement ».106. 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. 107. Les dispositions contestées se bornent à prévoir que certains projets d’installation d’élevage auxquels s’applique la législation sur les installations classées pour la protection de l’environnement peuvent relever de la procédure d’enregistrement. Elles n’ont ni pour objet ni pour effet de modifier les obligations légales auxquelles sont soumises
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
de l’enregistrement certaines installations d’élevages de porcs ou de volailles relevant de l’annexe I bis de la directive européenne du 24 novembre 2010, à l’exception des installations destinées à l’élevage intensif énumérées à l’annexe I de la directive européenne du 13 décembre 2011.105. 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 ». Aux termes de son article 2, « Toute personne a le devoir de prendre part à la préservation et à l’amélioration de l’environnement ».106. 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. 107. Les dispositions contestées se bornent à prévoir que certains projets d’installation d’élevage auxquels s’applique la législation sur les installations classées pour la protection de l’environnement peuvent relever de la procédure d’enregistrement. Elles n’ont ni pour objet ni pour effet de modifier les obligations légales auxquelles sont soumises
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CONSTEXT000052086227_37
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CONSTEXT000052086227
| 37 |
e8bfe4d87df48b52
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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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classées pour la protection de l’environnement peuvent relever de la procédure d’enregistrement. Elles n’ont ni pour objet ni pour effet de modifier les obligations légales auxquelles sont soumises à ce titre ces installations. 108. Ainsi, le ministre compétent fixe par arrêté des prescriptions générales applicables aux installations classées pour la protection de l’environnement soumises à enregistrement propres à prévenir et à réduire les dangers et inconvénients qu’elles présentent pour les intérêts mentionnés à l’article L. 511-1 du code de l’environnement. En outre, en vue d’assurer la protection de ces intérêts, le préfet qui prend l’arrêté d’enregistrement peut l’assortir de prescriptions particulières complétant ou renforçant les prescriptions générales applicables à l’installation. Enfin, il ne peut prendre un tel arrêté que si le demandeur a justifié que les conditions de l’exploitation projetée garantiraient le respect de l’ensemble des prescriptions générales, et éventuellement particulières, applicables.109. Le grief tiré de la méconnaissance des articles 1er et 2 de la Charte de l’environnement doit donc être écarté. 110. En second lieu, d’une part, les dispositions contestées ne modifient pas l’étendue du droit d’accès du public aux informations en matière environnementale. D’autre part, l’instruction des demandes relatives aux projets d’installations soumis à enregistrement demeure soumise à une procédure assurant la participation du public, en application de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
classées pour la protection de l’environnement peuvent relever de la procédure d’enregistrement. Elles n’ont ni pour objet ni pour effet de modifier les obligations légales auxquelles sont soumises à ce titre ces installations. 108. Ainsi, le ministre compétent fixe par arrêté des prescriptions générales applicables aux installations classées pour la protection de l’environnement soumises à enregistrement propres à prévenir et à réduire les dangers et inconvénients qu’elles présentent pour les intérêts mentionnés à l’article L. 511-1 du code de l’environnement. En outre, en vue d’assurer la protection de ces intérêts, le préfet qui prend l’arrêté d’enregistrement peut l’assortir de prescriptions particulières complétant ou renforçant les prescriptions générales applicables à l’installation. Enfin, il ne peut prendre un tel arrêté que si le demandeur a justifié que les conditions de l’exploitation projetée garantiraient le respect de l’ensemble des prescriptions générales, et éventuellement particulières, applicables.109. Le grief tiré de la méconnaissance des articles 1er et 2 de la Charte de l’environnement doit donc être écarté. 110. En second lieu, d’une part, les dispositions contestées ne modifient pas l’étendue du droit d’accès du public aux informations en matière environnementale. D’autre part, l’instruction des demandes relatives aux projets d’installations soumis à enregistrement demeure soumise à une procédure assurant la participation du public, en application de
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CONSTEXT000052086227_38
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CONSTEXT000052086227
| 38 |
b9674dc41a9c1adb
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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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D’autre part, l’instruction des demandes relatives aux projets d’installations soumis à enregistrement demeure soumise à une procédure assurant la participation du public, en application de l’article L. 512-7-1 du code de l’environnement.111. Dès lors, le grief tiré de la méconnaissance des exigences de l’article 7 de la Charte de l’environnement doit être écarté.112. Par conséquent, le paragraphe I ter de l’article L. 512-7 du code de l’environnement, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le paragraphe III de l’article 3 de la loi déférée :113. Le paragraphe III de l’article 3 vise à faciliter, pour certaines installations d’élevage, la modification de la nomenclature des installations classées pour la protection de l’environnement soumises, selon les cas, à une procédure administrative de déclaration, d’enregistrement ou d’autorisation.114. Selon les sénateurs et les députés auteurs de la première saisine, ces dispositions méconnaîtraient un principe constitutionnel de non-régression en matière environnementale. Les sénateurs requérants reprochent également à ces dispositions d’assouplir les exigences applicables aux installations d’élevage, de leur permettre d’élargir leur exploitation sans tenir compte de leur impact environnemental, d’être imprécises et de ne pas être assorties de garanties suffisantes. Il en résulterait une méconnaissance des principes de prévention et de précaution découlant
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
D’autre part, l’instruction des demandes relatives aux projets d’installations soumis à enregistrement demeure soumise à une procédure assurant la participation du public, en application de l’article L. 512-7-1 du code de l’environnement.111. Dès lors, le grief tiré de la méconnaissance des exigences de l’article 7 de la Charte de l’environnement doit être écarté.112. Par conséquent, le paragraphe I ter de l’article L. 512-7 du code de l’environnement, qui ne méconnaît aucune autre exigence constitutionnelle, est conforme à la Constitution.. En ce qui concerne le paragraphe III de l’article 3 de la loi déférée :113. Le paragraphe III de l’article 3 vise à faciliter, pour certaines installations d’élevage, la modification de la nomenclature des installations classées pour la protection de l’environnement soumises, selon les cas, à une procédure administrative de déclaration, d’enregistrement ou d’autorisation.114. Selon les sénateurs et les députés auteurs de la première saisine, ces dispositions méconnaîtraient un principe constitutionnel de non-régression en matière environnementale. Les sénateurs requérants reprochent également à ces dispositions d’assouplir les exigences applicables aux installations d’élevage, de leur permettre d’élargir leur exploitation sans tenir compte de leur impact environnemental, d’être imprécises et de ne pas être assorties de garanties suffisantes. Il en résulterait une méconnaissance des principes de prévention et de précaution découlant
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CONSTEXT000052086227_39
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CONSTEXT000052086227
| 39 |
55686143bce0b832
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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 leur impact environnemental, d’être imprécises et de ne pas être assorties de garanties suffisantes. Il en résulterait une méconnaissance des principes de prévention et de précaution découlant respectivement des articles 3 et 5 de la Charte de l’environnement. Pour les mêmes motifs, les députés auteurs de la première saisine soutiennent que seraient méconnus les articles 1er et 2 de la Charte de l’environnement, qui proclament le droit de vivre dans un environnement équilibré et respectueux de la santé ainsi que le devoir de protéger l’environnement. 115. 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.116. 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
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
de leur impact environnemental, d’être imprécises et de ne pas être assorties de garanties suffisantes. Il en résulterait une méconnaissance des principes de prévention et de précaution découlant respectivement des articles 3 et 5 de la Charte de l’environnement. Pour les mêmes motifs, les députés auteurs de la première saisine soutiennent que seraient méconnus les articles 1er et 2 de la Charte de l’environnement, qui proclament le droit de vivre dans un environnement équilibré et respectueux de la santé ainsi que le devoir de protéger l’environnement. 115. 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.116. 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
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CONSTEXT000052086227_40
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CONSTEXT000052086227
| 40 |
a334cba245a8a966
|
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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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 exigences de caractère constitutionnel.117. En application du 9° du paragraphe II de l’article L. 110-1 du code de l’environnement, la connaissance, la protection, la mise en valeur, la restauration, la remise en état et la gestion de l’environnement doivent être inspirées par « Le principe de non-régression, selon lequel la protection de l’environnement, assurée par les dispositions législatives et réglementaires relatives à l’environnement, ne peut faire l’objet que d’une amélioration constante, compte tenu des connaissances scientifiques et techniques du moment ».118. En application de l’article L. 511-2 du même code, les installations susceptibles de présenter des dangers ou des inconvénients notamment pour la santé, la sécurité ou la salubrité publiques, l’agriculture ou la protection de la nature, de l’environnement et des paysages peuvent être soumises à un régime d’autorisation, d’enregistrement ou de déclaration, en fonction d’une nomenclature établie par décret en Conseil d’État.119. Les dispositions contestées prévoient que le principe de non‑régression environnementale, défini au 9° du paragraphe II de l’article L. 110‑1 du même code, ne s’oppose pas, en ce qui concerne les élevages bovins, porcins et avicoles, au relèvement des seuils de cette
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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 exigences de caractère constitutionnel.117. En application du 9° du paragraphe II de l’article L. 110-1 du code de l’environnement, la connaissance, la protection, la mise en valeur, la restauration, la remise en état et la gestion de l’environnement doivent être inspirées par « Le principe de non-régression, selon lequel la protection de l’environnement, assurée par les dispositions législatives et réglementaires relatives à l’environnement, ne peut faire l’objet que d’une amélioration constante, compte tenu des connaissances scientifiques et techniques du moment ».118. En application de l’article L. 511-2 du même code, les installations susceptibles de présenter des dangers ou des inconvénients notamment pour la santé, la sécurité ou la salubrité publiques, l’agriculture ou la protection de la nature, de l’environnement et des paysages peuvent être soumises à un régime d’autorisation, d’enregistrement ou de déclaration, en fonction d’une nomenclature établie par décret en Conseil d’État.119. Les dispositions contestées prévoient que le principe de non‑régression environnementale, défini au 9° du paragraphe II de l’article L. 110‑1 du même code, ne s’oppose pas, en ce qui concerne les élevages bovins, porcins et avicoles, au relèvement des seuils de cette
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CONSTEXT000052086227_41
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CONSTEXT000052086227
| 41 |
7d22135d8abe650e
|
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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environnementale, défini au 9° du paragraphe II de l’article L. 110‑1 du même code, ne s’oppose pas, en ce qui concerne les élevages bovins, porcins et avicoles, au relèvement des seuils de cette nomenclature.120. Ces dispositions se bornent à autoriser le pouvoir réglementaire à relever les seuils séparant, d’une part, les régimes de la déclaration et de l’enregistrement et, d’autre part, les régimes de l’enregistrement et de l’autorisation. Elles n’ont ni pour objet, ni pour effet, de modifier les règles et prescriptions auxquelles sont subordonnées les installations classées en application des articles L. 512-1, L. 512-7 et L. 512-8 du code de l’environnement, qui les soumettent, selon les cas, à un régime administratif d’autorisation, d’enregistrement ou de déclaration.121. Dès lors, les dispositions contestées ne méconnaissent pas les exigences découlant des articles 1er et 3 de la Charte de l’environnement.122. Par conséquent, le paragraphe III de l’article 3 de la loi déférée, qui ne méconnaît pas non plus l’article 2 de la Charte de l’environnement, ni, en tout état de cause, le principe de précaution, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 5 :123. L’article 5 insère notamment un nouvel article L. 211-1-2 au sein du code de l’environnement, afin de prévoir que certains ouvrages de stockage d’eau et les prélèvements sur les eaux associés sont présumés d’intérêt général majeur. Il insère en
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
environnementale, défini au 9° du paragraphe II de l’article L. 110‑1 du même code, ne s’oppose pas, en ce qui concerne les élevages bovins, porcins et avicoles, au relèvement des seuils de cette nomenclature.120. Ces dispositions se bornent à autoriser le pouvoir réglementaire à relever les seuils séparant, d’une part, les régimes de la déclaration et de l’enregistrement et, d’autre part, les régimes de l’enregistrement et de l’autorisation. Elles n’ont ni pour objet, ni pour effet, de modifier les règles et prescriptions auxquelles sont subordonnées les installations classées en application des articles L. 512-1, L. 512-7 et L. 512-8 du code de l’environnement, qui les soumettent, selon les cas, à un régime administratif d’autorisation, d’enregistrement ou de déclaration.121. Dès lors, les dispositions contestées ne méconnaissent pas les exigences découlant des articles 1er et 3 de la Charte de l’environnement.122. Par conséquent, le paragraphe III de l’article 3 de la loi déférée, qui ne méconnaît pas non plus l’article 2 de la Charte de l’environnement, ni, en tout état de cause, le principe de précaution, ni aucune autre exigence constitutionnelle, est conforme à la Constitution.- Sur certaines dispositions de l’article 5 :123. L’article 5 insère notamment un nouvel article L. 211-1-2 au sein du code de l’environnement, afin de prévoir que certains ouvrages de stockage d’eau et les prélèvements sur les eaux associés sont présumés d’intérêt général majeur. Il insère en
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CONSTEXT000052086227_42
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CONSTEXT000052086227
| 42 |
95ee0e8542cd0ed1
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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. 211-1-2 au sein du code de l’environnement, afin de prévoir que certains ouvrages de stockage d’eau et les prélèvements sur les eaux associés sont présumés d’intérêt général majeur. Il insère en outre un nouvel article L. 411-2-2 au sein du même code prévoyant que ces mêmes ouvrages et prélèvements sont présumés répondre à une raison impérative d’intérêt public majeur de nature à justifier la délivrance d’une dérogation aux interdictions de porter atteinte à des espèces protégées ainsi qu’à leurs habitats. 124. Les sénateurs requérants font tout d’abord valoir que, faute d’avoir défini de manière suffisamment précise les ouvrages de stockage d’eau et prélèvements concernés ainsi que plusieurs notions permettant d’établir de telles présomptions, ces dispositions en autoriseraient un usage trop large et systématique. Il en résulterait, selon eux, une méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi. 125. Les députés et sénateurs requérants soutiennent par ailleurs que ces dispositions instaureraient une présomption irréfragable que certains ouvrages de stockage d’eau répondent à une raison impérative d’intérêt public majeur, ce qui favoriserait leur implantation. Il en résulterait une méconnaissance du droit à un recours juridictionnel effectif ainsi que de l’objectif de valeur constitutionnelle de protection de l’environnement et des exigences découlant des articles 1er, 3 et 5 de la Charte de l’environnement, compte
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
L. 211-1-2 au sein du code de l’environnement, afin de prévoir que certains ouvrages de stockage d’eau et les prélèvements sur les eaux associés sont présumés d’intérêt général majeur. Il insère en outre un nouvel article L. 411-2-2 au sein du même code prévoyant que ces mêmes ouvrages et prélèvements sont présumés répondre à une raison impérative d’intérêt public majeur de nature à justifier la délivrance d’une dérogation aux interdictions de porter atteinte à des espèces protégées ainsi qu’à leurs habitats. 124. Les sénateurs requérants font tout d’abord valoir que, faute d’avoir défini de manière suffisamment précise les ouvrages de stockage d’eau et prélèvements concernés ainsi que plusieurs notions permettant d’établir de telles présomptions, ces dispositions en autoriseraient un usage trop large et systématique. Il en résulterait, selon eux, une méconnaissance de l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi. 125. Les députés et sénateurs requérants soutiennent par ailleurs que ces dispositions instaureraient une présomption irréfragable que certains ouvrages de stockage d’eau répondent à une raison impérative d’intérêt public majeur, ce qui favoriserait leur implantation. Il en résulterait une méconnaissance du droit à un recours juridictionnel effectif ainsi que de l’objectif de valeur constitutionnelle de protection de l’environnement et des exigences découlant des articles 1er, 3 et 5 de la Charte de l’environnement, compte
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CONSTEXT000052086227_43
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CONSTEXT000052086227
| 43 |
275b39168f0ec220
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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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effectif ainsi que de l’objectif de valeur constitutionnelle de protection de l’environnement et des exigences découlant des articles 1er, 3 et 5 de la Charte de l’environnement, compte tenu des effets nocifs que ces ouvrages peuvent avoir sur la ressource en eau, sur les espèces protégées et sur leurs habitats.126. Les députés auteurs de la première saisine, rejoints par les sénateurs requérants, font ensuite valoir qu’en restreignant excessivement la possibilité pour le public de débattre sur le caractère d’intérêt général majeur ou la raison impérative d’intérêt public majeur d’un projet de stockage d’eau, ces dispositions méconnaîtraient l’article 7 de la Charte de l’environnement. 127. Enfin, ils reprochent à ces dispositions de méconnaître l’obligation de transposition des directives résultant de l’article 88-1 de la Constitution. Pour les mêmes motifs, les députés auteurs de la première saisine considèrent qu’elles méconnaîtraient également l’article 10 de la Charte de l’environnement selon lequel cette dernière « inspire l’action européenne et internationale de la France ». 128. 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 ». 129. 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
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
effectif ainsi que de l’objectif de valeur constitutionnelle de protection de l’environnement et des exigences découlant des articles 1er, 3 et 5 de la Charte de l’environnement, compte tenu des effets nocifs que ces ouvrages peuvent avoir sur la ressource en eau, sur les espèces protégées et sur leurs habitats.126. Les députés auteurs de la première saisine, rejoints par les sénateurs requérants, font ensuite valoir qu’en restreignant excessivement la possibilité pour le public de débattre sur le caractère d’intérêt général majeur ou la raison impérative d’intérêt public majeur d’un projet de stockage d’eau, ces dispositions méconnaîtraient l’article 7 de la Charte de l’environnement. 127. Enfin, ils reprochent à ces dispositions de méconnaître l’obligation de transposition des directives résultant de l’article 88-1 de la Constitution. Pour les mêmes motifs, les députés auteurs de la première saisine considèrent qu’elles méconnaîtraient également l’article 10 de la Charte de l’environnement selon lequel cette dernière « inspire l’action européenne et internationale de la France ». 128. 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 ». 129. 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
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CONSTEXT000052086227_44
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CONSTEXT000052086227
| 44 |
3444e786c9cf6585
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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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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.130. L’article L. 411-1 du code de l’environnement interdit toute atteinte aux espèces animales non domestiques ou végétales non cultivées ainsi que la destruction, l’altération ou la dégradation d’habitats naturels ou des habitats de ces espèces, lorsqu’un intérêt scientifique particulier, le rôle essentiel dans l’écosystème ou les nécessités de la préservation du patrimoine naturel justifient leur conservation. En application du c du 4° du paragraphe I de l’article L. 411-2 du même code, des dérogations à ces interdictions peuvent être délivrées, sous certaines conditions, dans l’intérêt de la santé et de la sécurité publiques ou pour d’autres raisons impérieuses d’intérêt public majeur, y compris de nature sociale ou économique.131. Les dispositions contestées de l’article L. 211-1-2 prévoient que, lorsqu’ils sont situés dans certaines zones et remplissent plusieurs conditions, les ouvrages de stockage d’eau et les prélèvements sur les eaux superficielles ou souterraines associés poursuivant, à titre principal, une finalité agricole, sont présumés d’intérêt général majeur. 132. Les dispositions contestées de l’article L. 411-2-2 prévoient en outre que, pour la délivrance des dérogations prévues au c du 4° du paragraphe I de l’article L. 411-2, les ouvrages de
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
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.130. L’article L. 411-1 du code de l’environnement interdit toute atteinte aux espèces animales non domestiques ou végétales non cultivées ainsi que la destruction, l’altération ou la dégradation d’habitats naturels ou des habitats de ces espèces, lorsqu’un intérêt scientifique particulier, le rôle essentiel dans l’écosystème ou les nécessités de la préservation du patrimoine naturel justifient leur conservation. En application du c du 4° du paragraphe I de l’article L. 411-2 du même code, des dérogations à ces interdictions peuvent être délivrées, sous certaines conditions, dans l’intérêt de la santé et de la sécurité publiques ou pour d’autres raisons impérieuses d’intérêt public majeur, y compris de nature sociale ou économique.131. Les dispositions contestées de l’article L. 211-1-2 prévoient que, lorsqu’ils sont situés dans certaines zones et remplissent plusieurs conditions, les ouvrages de stockage d’eau et les prélèvements sur les eaux superficielles ou souterraines associés poursuivant, à titre principal, une finalité agricole, sont présumés d’intérêt général majeur. 132. Les dispositions contestées de l’article L. 411-2-2 prévoient en outre que, pour la délivrance des dérogations prévues au c du 4° du paragraphe I de l’article L. 411-2, les ouvrages de
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CONSTEXT000052086227_45
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CONSTEXT000052086227
| 45 |
7e33aa1c3e5b4178
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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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majeur. 132. Les dispositions contestées de l’article L. 411-2-2 prévoient en outre que, pour la délivrance des dérogations prévues au c du 4° du paragraphe I de l’article L. 411-2, les ouvrages de stockage d’eau et les prélèvements associés se situant dans ces mêmes zones et répondant aux mêmes conditions ainsi qu’à la même finalité, sont présumés répondre à une raison impérative d’intérêt public majeur.133. Eu égard aux incidences sur la ressource en eau et la biodiversité des ouvrages de stockage d’eau et des prélèvements sur les eaux superficielles ou souterraines associés, la réalisation de tels ouvrages est susceptible de porter atteinte à l’environnement.134. En premier lieu, en adoptant ces dispositions, le législateur a entendu préserver la production agricole dans des zones soumises à un déficit quantitatif pérenne d’eau susceptible d’affecter la capacité de production agricole. Il a ainsi poursuivi un motif d’intérêt général.135. En deuxième lieu, d’une part, ne peuvent être présumés d’intérêt général majeur ou répondre à une raison impérative d’intérêt public majeur que des ouvrages de stockage d’eau ou les prélèvements associés poursuivant à titre principal une finalité agricole, lorsqu’ils sont situés dans des zones affectées d’un déficit quantitatif pérenne d’eau compromettant le potentiel de production.136. D’autre part, ces ouvrages et prélèvements ne peuvent bénéficier des présomptions prévues par les dispositions contestées qu’à la condition qu’ils
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
majeur. 132. Les dispositions contestées de l’article L. 411-2-2 prévoient en outre que, pour la délivrance des dérogations prévues au c du 4° du paragraphe I de l’article L. 411-2, les ouvrages de stockage d’eau et les prélèvements associés se situant dans ces mêmes zones et répondant aux mêmes conditions ainsi qu’à la même finalité, sont présumés répondre à une raison impérative d’intérêt public majeur.133. Eu égard aux incidences sur la ressource en eau et la biodiversité des ouvrages de stockage d’eau et des prélèvements sur les eaux superficielles ou souterraines associés, la réalisation de tels ouvrages est susceptible de porter atteinte à l’environnement.134. En premier lieu, en adoptant ces dispositions, le législateur a entendu préserver la production agricole dans des zones soumises à un déficit quantitatif pérenne d’eau susceptible d’affecter la capacité de production agricole. Il a ainsi poursuivi un motif d’intérêt général.135. En deuxième lieu, d’une part, ne peuvent être présumés d’intérêt général majeur ou répondre à une raison impérative d’intérêt public majeur que des ouvrages de stockage d’eau ou les prélèvements associés poursuivant à titre principal une finalité agricole, lorsqu’ils sont situés dans des zones affectées d’un déficit quantitatif pérenne d’eau compromettant le potentiel de production.136. D’autre part, ces ouvrages et prélèvements ne peuvent bénéficier des présomptions prévues par les dispositions contestées qu’à la condition qu’ils
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CONSTEXT000052086227_46
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CONSTEXT000052086227
| 46 |
bba197ab97238155
|
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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d’eau compromettant le potentiel de production.136. D’autre part, ces ouvrages et prélèvements ne peuvent bénéficier des présomptions prévues par les dispositions contestées qu’à la condition qu’ils résultent d’« une démarche territoriale concertée » sur la répartition de la ressource en eau entre l’ensemble des usagers, qu’ils s’accompagnent d’un « engagement des usagers dans des pratiques sobres en eau » et qu’ils concourent à un accès à l’eau pour tous les usagers. Ces notions ne sont pas inintelligibles. 137. Toutefois, si les dispositions contestées s’appliquent à des prélèvements sur les eaux souterraines, elles ne sauraient, sans méconnaître le droit de vivre dans un environnement équilibré et respectueux de la santé, être interprétées comme permettant la réalisation de tels prélèvements au sein de nappes inertielles.138. En outre, sauf à méconnaître ces mêmes exigences, les présomptions instituées par ces dispositions ne sauraient être regardées comme revêtant un caractère irréfragable faisant obstacle à la contestation de l’intérêt général majeur ou de la raison impérative d’intérêt général majeur du projet d’ouvrage concerné.139. En dernier lieu, la présomption instituée par les dispositions contestées ne dispense pas les projets d’ouvrages de stockage d’eau et de prélèvements associés auxquels elle s’appliquera du respect des autres conditions prévues pour la délivrance d’une dérogation aux interdictions prévues par l’article L. 411-1 du code de l’environnement. À
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
d’eau compromettant le potentiel de production.136. D’autre part, ces ouvrages et prélèvements ne peuvent bénéficier des présomptions prévues par les dispositions contestées qu’à la condition qu’ils résultent d’« une démarche territoriale concertée » sur la répartition de la ressource en eau entre l’ensemble des usagers, qu’ils s’accompagnent d’un « engagement des usagers dans des pratiques sobres en eau » et qu’ils concourent à un accès à l’eau pour tous les usagers. Ces notions ne sont pas inintelligibles. 137. Toutefois, si les dispositions contestées s’appliquent à des prélèvements sur les eaux souterraines, elles ne sauraient, sans méconnaître le droit de vivre dans un environnement équilibré et respectueux de la santé, être interprétées comme permettant la réalisation de tels prélèvements au sein de nappes inertielles.138. En outre, sauf à méconnaître ces mêmes exigences, les présomptions instituées par ces dispositions ne sauraient être regardées comme revêtant un caractère irréfragable faisant obstacle à la contestation de l’intérêt général majeur ou de la raison impérative d’intérêt général majeur du projet d’ouvrage concerné.139. En dernier lieu, la présomption instituée par les dispositions contestées ne dispense pas les projets d’ouvrages de stockage d’eau et de prélèvements associés auxquels elle s’appliquera du respect des autres conditions prévues pour la délivrance d’une dérogation aux interdictions prévues par l’article L. 411-1 du code de l’environnement. À
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CONSTEXT000052086227_47
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CONSTEXT000052086227
| 47 |
7d3adfad8ee7a6e1
|
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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associés auxquels elle s’appliquera du respect des autres conditions prévues pour la délivrance d’une dérogation aux interdictions prévues par l’article L. 411-1 du code de l’environnement. À cet égard, l’autorité administrative compétente s’assure, sous le contrôle du juge, qu’il n’existe pas d’autre solution satisfaisante et que la dérogation ne nuit pas au maintien, dans un état de conservation favorable, des populations des espèces concernées dans leur aire de répartition naturelle.140. Dès lors, sous les réserves énoncées aux paragraphes 137 et 138, les dispositions contestées ne méconnaissent pas les exigences découlant de l’article 1er de la Charte de l’environnement. Elles ne méconnaissent pas non plus l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi.141. Par conséquent, sous les mêmes réserves, les articles L. 211-1-2 et L. 411-2-2 du code de l’environnement, qui ne méconnaissent pas non plus l’objectif de valeur constitutionnelle de protection de l’environnement, ni les articles 3, 5, 7 et 10 de la Charte de l’environnement, ni le droit à un recours juridictionnel effectif, ni, en tout état de cause, l’article 88-1 de la Constitution, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur la place de certaines dispositions dans la loi déférée : 142. Aux termes de la dernière phrase du premier alinéa de l’article 45 de la Constitution : « Sans préjudice de l’application des articles 40 et 41, tout
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
associés auxquels elle s’appliquera du respect des autres conditions prévues pour la délivrance d’une dérogation aux interdictions prévues par l’article L. 411-1 du code de l’environnement. À cet égard, l’autorité administrative compétente s’assure, sous le contrôle du juge, qu’il n’existe pas d’autre solution satisfaisante et que la dérogation ne nuit pas au maintien, dans un état de conservation favorable, des populations des espèces concernées dans leur aire de répartition naturelle.140. Dès lors, sous les réserves énoncées aux paragraphes 137 et 138, les dispositions contestées ne méconnaissent pas les exigences découlant de l’article 1er de la Charte de l’environnement. Elles ne méconnaissent pas non plus l’objectif de valeur constitutionnelle d’accessibilité et d’intelligibilité de la loi.141. Par conséquent, sous les mêmes réserves, les articles L. 211-1-2 et L. 411-2-2 du code de l’environnement, qui ne méconnaissent pas non plus l’objectif de valeur constitutionnelle de protection de l’environnement, ni les articles 3, 5, 7 et 10 de la Charte de l’environnement, ni le droit à un recours juridictionnel effectif, ni, en tout état de cause, l’article 88-1 de la Constitution, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur la place de certaines dispositions dans la loi déférée : 142. Aux termes de la dernière phrase du premier alinéa de l’article 45 de la Constitution : « Sans préjudice de l’application des articles 40 et 41, tout
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CONSTEXT000052086227_48
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CONSTEXT000052086227
| 48 |
43075eeff6c90a68
|
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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certaines dispositions dans la loi déférée : 142. Aux termes de la dernière phrase du premier alinéa de l’article 45 de la Constitution : « Sans préjudice de l’application des articles 40 et 41, tout amendement est recevable en première lecture dès lors qu’il présente un lien, même indirect, avec le texte déposé ou transmis ». Il appartient au Conseil constitutionnel de déclarer contraires à la Constitution les dispositions qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de l’une au moins des dispositions du texte déposé sur le bureau de la première assemblée saisie. Il ne déclare des dispositions contraires à l’article 45 de la Constitution que si un tel lien, même indirect, ne peut être identifié. Il apprécie l’existence de ce lien après avoir décrit le texte initial puis, pour chacune des dispositions déclarées inconstitutionnelles, les raisons pour lesquelles elle doit être regardée comme dépourvue de lien même indirect avec celui-ci. Dans ce cas, le Conseil constitutionnel ne préjuge pas de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles.143. La loi déférée, qui compte huit articles répartis en quatre titres, a pour origine la proposition de loi déposée le 1er novembre 2024 sur le bureau du Sénat, première assemblée saisie. Ce projet comportait six articles répartis en quatre titres. 144.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
certaines dispositions dans la loi déférée : 142. Aux termes de la dernière phrase du premier alinéa de l’article 45 de la Constitution : « Sans préjudice de l’application des articles 40 et 41, tout amendement est recevable en première lecture dès lors qu’il présente un lien, même indirect, avec le texte déposé ou transmis ». Il appartient au Conseil constitutionnel de déclarer contraires à la Constitution les dispositions qui sont introduites en méconnaissance de cette règle de procédure. Selon une jurisprudence constante, il s’assure dans ce cadre de l’existence d’un lien entre l’objet de l’amendement et celui de l’une au moins des dispositions du texte déposé sur le bureau de la première assemblée saisie. Il ne déclare des dispositions contraires à l’article 45 de la Constitution que si un tel lien, même indirect, ne peut être identifié. Il apprécie l’existence de ce lien après avoir décrit le texte initial puis, pour chacune des dispositions déclarées inconstitutionnelles, les raisons pour lesquelles elle doit être regardée comme dépourvue de lien même indirect avec celui-ci. Dans ce cas, le Conseil constitutionnel ne préjuge pas de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles.143. La loi déférée, qui compte huit articles répartis en quatre titres, a pour origine la proposition de loi déposée le 1er novembre 2024 sur le bureau du Sénat, première assemblée saisie. Ce projet comportait six articles répartis en quatre titres. 144.
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CONSTEXT000052086227_49
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CONSTEXT000052086227
| 49 |
8cf8992c14a73bf7
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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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quatre titres, a pour origine la proposition de loi déposée le 1er novembre 2024 sur le bureau du Sénat, première assemblée saisie. Ce projet comportait six articles répartis en quatre titres. 144. Son titre Ier comportait des dispositions visant à supprimer la séparation de la vente et du conseil des produits phytopharmaceutiques, à rendre facultatif le conseil stratégique phytosanitaire, à modifier certaines conditions de vente de produits phytopharmaceutiques, à autoriser dans certaines conditions la suspension d’une décision en matière d’homologation de tels produits et à autoriser l’usage d’aéronefs sans pilote pour la pulvérisation de ces mêmes produits. 145. Son titre II comprenait des dispositions procédant à des simplifications du régime des installations classées pour la protection de l’environnement bénéficiant aux bâtiments d’élevage et visait à mettre en place des modalités effectives de recours en cas de contestation des évaluations des pertes de récolte ou de culture. 146. Son titre III comportait des dispositions visant à faciliter la réalisation des projets de stockage d’eau présentant un intérêt général majeur. 147. Son titre IV comprenait des dispositions précisant que le délégué territorial de l’Office français de la biodiversité est tenu d’inviter ce dernier à privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo infraction ou d’une infraction ayant causé un faible préjudice environnemental.. En ce qui concerne la
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
quatre titres, a pour origine la proposition de loi déposée le 1er novembre 2024 sur le bureau du Sénat, première assemblée saisie. Ce projet comportait six articles répartis en quatre titres. 144. Son titre Ier comportait des dispositions visant à supprimer la séparation de la vente et du conseil des produits phytopharmaceutiques, à rendre facultatif le conseil stratégique phytosanitaire, à modifier certaines conditions de vente de produits phytopharmaceutiques, à autoriser dans certaines conditions la suspension d’une décision en matière d’homologation de tels produits et à autoriser l’usage d’aéronefs sans pilote pour la pulvérisation de ces mêmes produits. 145. Son titre II comprenait des dispositions procédant à des simplifications du régime des installations classées pour la protection de l’environnement bénéficiant aux bâtiments d’élevage et visait à mettre en place des modalités effectives de recours en cas de contestation des évaluations des pertes de récolte ou de culture. 146. Son titre III comportait des dispositions visant à faciliter la réalisation des projets de stockage d’eau présentant un intérêt général majeur. 147. Son titre IV comprenait des dispositions précisant que le délégué territorial de l’Office français de la biodiversité est tenu d’inviter ce dernier à privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo infraction ou d’une infraction ayant causé un faible préjudice environnemental.. En ce qui concerne la
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CONSTEXT000052086227_50
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CONSTEXT000052086227
| 50 |
27ca79d9769fb150
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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 privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo infraction ou d’une infraction ayant causé un faible préjudice environnemental.. En ce qui concerne la place du 1° du paragraphe I de l’article 6 :148. Le 1° du paragraphe I de l’article 6 de la loi déférée modifie les articles L. 131-9 et L. 172-16 du code de l’environnement afin de préciser que l’Office français de la biodiversité contribue à ses missions de police administrative sous l’autorité du représentant de l’État dans le département et, pour ses missions de police judiciaire, sous l’autorité du procureur de la République.149. Les sénateurs requérants soutiennent que le 1° du paragraphe I de l’article 6 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.150. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 6 de la proposition de loi initiale précisant que le délégué territorial de l’Office français de la biodiversité est tenu d’inviter l’office à privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo-infraction ou d’une infraction ayant causé un faible préjudice environnemental. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 151. Il en résulte que le 1° du paragraphe I de l’article 6 a
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
à privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo infraction ou d’une infraction ayant causé un faible préjudice environnemental.. En ce qui concerne la place du 1° du paragraphe I de l’article 6 :148. Le 1° du paragraphe I de l’article 6 de la loi déférée modifie les articles L. 131-9 et L. 172-16 du code de l’environnement afin de préciser que l’Office français de la biodiversité contribue à ses missions de police administrative sous l’autorité du représentant de l’État dans le département et, pour ses missions de police judiciaire, sous l’autorité du procureur de la République.149. Les sénateurs requérants soutiennent que le 1° du paragraphe I de l’article 6 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.150. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 6 de la proposition de loi initiale précisant que le délégué territorial de l’Office français de la biodiversité est tenu d’inviter l’office à privilégier la procédure administrative lorsque les faits poursuivis relèvent d’une primo-infraction ou d’une infraction ayant causé un faible préjudice environnemental. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 151. Il en résulte que le 1° du paragraphe I de l’article 6 a
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CONSTEXT000052086227_51
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CONSTEXT000052086227
| 51 |
3062e121321edc98
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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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environnemental. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 151. Il en résulte que le 1° du paragraphe I de l’article 6 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 7 : 152. L’article 7 étend l’application de l’article L. 258-1 du code rural et de la pêche maritime, relatif à l’introduction dans l’environnement d’un macro-organisme utile aux végétaux, aux macro-organismes non indigènes utilisés dans le cadre de la lutte autocide, afin de donner une base légale à la technique de l’insecte stérile.153. Les sénateurs requérants soutiennent que l’article 7 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.154. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale relatives aux conditions de vente de produits phytopharmaceutiques, et avec celles de son article 2 relatives à certaines décisions en matière d’homologation de produits phytopharmaceutiques. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 155. Il en résulte que l’article 7 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 8 : 156. L’article 8 modifie
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
environnemental. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 151. Il en résulte que le 1° du paragraphe I de l’article 6 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 7 : 152. L’article 7 étend l’application de l’article L. 258-1 du code rural et de la pêche maritime, relatif à l’introduction dans l’environnement d’un macro-organisme utile aux végétaux, aux macro-organismes non indigènes utilisés dans le cadre de la lutte autocide, afin de donner une base légale à la technique de l’insecte stérile.153. Les sénateurs requérants soutiennent que l’article 7 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.154. Introduites en première lecture, ces dispositions ne peuvent être regardées comme dépourvues de lien, même indirect, avec celles de l’article 1er de la proposition de loi initiale relatives aux conditions de vente de produits phytopharmaceutiques, et avec celles de son article 2 relatives à certaines décisions en matière d’homologation de produits phytopharmaceutiques. Le grief tiré de la méconnaissance du premier alinéa de l’article 45 de la Constitution doit donc être écarté. 155. Il en résulte que l’article 7 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 8 : 156. L’article 8 modifie
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CONSTEXT000052086227_52
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CONSTEXT000052086227
| 52 |
819e969ca0355fd6
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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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doit donc être écarté. 155. Il en résulte que l’article 7 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 8 : 156. L’article 8 modifie plusieurs articles du code rural et de la pêche maritime afin d’étendre le pouvoir d’injonction contraventionnelle et de renforcer les sanctions pénales en vue de prévenir le développement de vignes non cultivées, de faciliter l’exécution d’office en cas de non-respect des mesures de police administrative, de simplifier la procédure visant à détruire les végétaux lorsque le propriétaire est défaillant dans l’exécution de mesures phytosanitaires et de permettre aux administrations de communiquer entre elles des informations pour identifier les propriétaires de terrains concernés.157. Les sénateurs requérants soutiennent que l’article 8 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.158. Introduites en première lecture, ces dispositions ne présentent pas de lien, même indirect, avec celles, précitées, des articles 1er et 2 de la proposition de loi initiale. Elles ne présentent pas non plus de lien, même indirect, avec aucune autre des dispositions qui figuraient dans la proposition de loi déposée sur le bureau de la première assemblée saisie. 159. Dès lors, sans que le Conseil constitutionnel ne préjuge de la conformité du contenu de ces dispositions aux autres exigences
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
doit donc être écarté. 155. Il en résulte que l’article 7 a été adopté selon une procédure conforme à la Constitution.. En ce qui concerne la place de l’article 8 : 156. L’article 8 modifie plusieurs articles du code rural et de la pêche maritime afin d’étendre le pouvoir d’injonction contraventionnelle et de renforcer les sanctions pénales en vue de prévenir le développement de vignes non cultivées, de faciliter l’exécution d’office en cas de non-respect des mesures de police administrative, de simplifier la procédure visant à détruire les végétaux lorsque le propriétaire est défaillant dans l’exécution de mesures phytosanitaires et de permettre aux administrations de communiquer entre elles des informations pour identifier les propriétaires de terrains concernés.157. Les sénateurs requérants soutiennent que l’article 8 n’aurait pas sa place dans la loi au motif qu’il aurait été introduit en première lecture selon une procédure contraire à l’article 45 de la Constitution.158. Introduites en première lecture, ces dispositions ne présentent pas de lien, même indirect, avec celles, précitées, des articles 1er et 2 de la proposition de loi initiale. Elles ne présentent pas non plus de lien, même indirect, avec aucune autre des dispositions qui figuraient dans la proposition de loi déposée sur le bureau de la première assemblée saisie. 159. Dès lors, sans que le Conseil constitutionnel ne préjuge de la conformité du contenu de ces dispositions aux autres exigences
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CONSTEXT000052086227_53
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CONSTEXT000052086227
| 53 |
65df7f6ced1798c8
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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
|
2025-891
|
2025-08-07
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de loi déposée sur le bureau de la première assemblée saisie. 159. Dès lors, sans que le Conseil constitutionnel ne préjuge de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles, il y a lieu de constater qu’elles ont été adoptées selon une procédure contraire à la Constitution.- Sur les autres dispositions :160. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
de loi déposée sur le bureau de la première assemblée saisie. 159. Dès lors, sans que le Conseil constitutionnel ne préjuge de la conformité du contenu de ces dispositions aux autres exigences constitutionnelles, il y a lieu de constater qu’elles ont été adoptées selon une procédure contraire à la Constitution.- Sur les autres dispositions :160. 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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CONSTEXT000052086227_54
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CONSTEXT000052086227
| 54 |
3dcd9351cd97184a
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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 DÉCIDE : Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la loi visant à lever les contraintes à l’exercice du métier d’agriculteur :- le troisième alinéa du b et le d du 3° de l’article 2 ;- l’article 8. Article 2. - Sous les réserves énoncées aux paragraphes 137 et 138, les articles L. 211-1-2 et L. 411-2-2 du code de l’environnement, dans leur rédaction issue de l’article 5 de la loi déférée, sont conformes à la Constitution. Article 3. - Sont conformes à la Constitution : - le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, dans sa rédaction résultant de l’article 1er de la loi déférée ;- le 6° de l’article 1er de la loi déférée ;- le 9° de l’article 1er de la loi déférée ;- 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, dans sa rédaction résultant de l’article 1er de la loi déférée ;- l’article L. 253-1 A du code rural et de la pêche maritime, dans sa rédaction issue de l’article 2 de la loi déférée ;- 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, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe I ter de l’article L. 512-7 du code de l’environnement, dans sa rédaction résultant de l’article 3
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Sont contraires à la Constitution les dispositions suivantes de la loi visant à lever les contraintes à l’exercice du métier d’agriculteur :- le troisième alinéa du b et le d du 3° de l’article 2 ;- l’article 8. Article 2. - Sous les réserves énoncées aux paragraphes 137 et 138, les articles L. 211-1-2 et L. 411-2-2 du code de l’environnement, dans leur rédaction issue de l’article 5 de la loi déférée, sont conformes à la Constitution. Article 3. - Sont conformes à la Constitution : - le paragraphe VI de l’article L. 254-1 du code rural et de la pêche maritime, dans sa rédaction résultant de l’article 1er de la loi déférée ;- le 6° de l’article 1er de la loi déférée ;- le 9° de l’article 1er de la loi déférée ;- 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, dans sa rédaction résultant de l’article 1er de la loi déférée ;- l’article L. 253-1 A du code rural et de la pêche maritime, dans sa rédaction issue de l’article 2 de la loi déférée ;- 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, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe I ter de l’article L. 512-7 du code de l’environnement, dans sa rédaction résultant de l’article 3
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CONSTEXT000052086227_55
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CONSTEXT000052086227
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d2b3b3882a5e2286
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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 l’environnement, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe I ter de l’article L. 512-7 du code de l’environnement, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe III de l’article 3 de la loi déférée. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
de l’environnement, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe I ter de l’article L. 512-7 du code de l’environnement, dans sa rédaction résultant de l’article 3 de la loi déférée ;- le paragraphe III de l’article 3 de la loi déférée. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
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CONSTEXT000052086227_56
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CONSTEXT000052086227
| 56 |
ea88506d6181dad9
|
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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Jugé par le Conseil constitutionnel dans sa séance du 6 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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Loi visant à lever les contraintes à l’exercice du métier d’agriculteur
Jugé par le Conseil constitutionnel dans sa séance du 6 août 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. Jacques MÉZARD, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 7 août 2025.
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CONSTEXT000051953967_0
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CONSTEXT000051953967
| 0 |
bb649610809b21c6
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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 CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 29 janvier 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 20 janvier 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Sabine CLÉMENT, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 1re circonscription du département des Yvelines, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6459 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs, notamment le troisième alinéa de son article 9-1 ;Au vu des pièces suivantes :- les observations présentées par Mme CLÉMENT, enregistrées le 16 février 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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A.N., Yvelines, 1re circ.
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI le 29 janvier 2025 par la Commission nationale des comptes de campagne et des financements politiques (décision du 20 janvier 2025), dans les conditions prévues au troisième alinéa de l’article L. 52-15 du code électoral. Cette saisine est relative à la situation de Mme Sabine CLÉMENT, candidate aux élections qui se sont déroulées les 30 juin et 7 juillet 2024, dans la 1re circonscription du département des Yvelines, en vue de la désignation d’un député à l’Assemblée nationale. Elle a été enregistrée au secrétariat général du Conseil constitutionnel sous le n° 2025-6459 AN.
Au vu des textes suivants :- la Constitution, notamment son article 59 ;- l’ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;- le code électoral ;- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs, notamment le troisième alinéa de son article 9-1 ;Au vu des pièces suivantes :- les observations présentées par Mme CLÉMENT, enregistrées le 16 février 2025 ;- les autres pièces produites et jointes au dossier ;Et après avoir entendu le rapporteur ; LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000051953967_1
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CONSTEXT000051953967
| 1 |
034abe0b15e03bce
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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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1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. 2. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article
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A.N., Yvelines, 1re circ.
1. Il résulte de l’article L. 52-12 du code électoral que chaque candidat aux élections législatives soumis au plafonnement prévu à l’article L. 52-11 du même code est tenu d’établir un compte de campagne lorsqu’il a obtenu au moins 1 % des suffrages exprimés ou s’il a bénéficié de dons de personnes physiques conformément à l’article L. 52-8. Pour la période mentionnée à l’article L. 52-4, ce compte de campagne retrace, selon leur origine, l’ensemble des recettes perçues et, selon leur nature, l’ensemble des dépenses engagées ou effectuées en vue de l’élection. Il doit être en équilibre ou excédentaire et ne peut présenter un déficit. Ce compte de campagne doit être déposé à la Commission nationale des comptes de campagne et des financements politiques au plus tard avant 18 heures le dixième vendredi suivant le premier tour de scrutin. 2. Il ressort également de l’article L. 52-12 que ce compte doit être présenté par un membre de l’ordre des experts-comptables qui met le compte en état d’examen et s’assure de la présence des pièces justificatives requises. Cette présentation n’est pas obligatoire lorsque le candidat a obtenu moins de 5 % des suffrages exprimés et que les recettes et les dépenses de son compte de campagne n’excèdent pas un montant fixé par décret. Dans ce cas, le candidat doit transmettre à la Commission nationale des comptes de campagne et des financements politiques les relevés du compte bancaire ouvert en application de l’article L. 52-5 ou de l’article
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CONSTEXT000051953967_3
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CONSTEXT000051953967
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22f274b69621b6c1
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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 CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Il n’y a pas lieu de déclarer Mme Sabine CLÉMENT inéligible en application de l’article L.O. 136-1 du code électoral. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 17 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. François PILLET, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 18 juillet 2025.
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A.N., Yvelines, 1re circ.
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Il n’y a pas lieu de déclarer Mme Sabine CLÉMENT inéligible en application de l’article L.O. 136-1 du code électoral. Article 2. - Cette décision sera publiée au Journal officiel de la République française et notifiée dans les conditions prévues à l’article 18 du règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l’élection des députés et des sénateurs.
Jugé par le Conseil constitutionnel dans sa séance du 17 juillet 2025, où siégeaient : M. Richard FERRAND, Président, M. Philippe BAS, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mme Véronique MALBEC, MM. François PILLET, François SÉNERS et Mme Laurence VICHNIEVSKY. Rendu public le 18 juillet 2025.
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CONSTEXT000049905271_0
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CONSTEXT000049905271
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15626564a76692b5
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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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 améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels, sous le n° 2024-869 DC, le 22 mai 2024, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, M. Rodrigo ARENAS, Mme Clémentine AUTAIN, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Aymeric CARON, Sylvain CARRIÈRE, Florian CHAUCHE, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Alexis CORBIÈRE, Jean-François COULOMME, Mme Catherine COUTURIER, MM. Hendrik DAVI, Sébastien DELOGU, Mmes Alma DUFOUR, Karen ERODI, Martine ÉTIENNE, M. Emmanuel FERNANDES, Mmes Sylvie FERRER, Caroline FIAT, M. Perceval GAILLARD, Mmes Raquel GARRIDO, Clémence GUETTÉ, M. David GUIRAUD, Mmes Mathilde HIGNET, Rachel KEKE, MM. Andy KERBRAT, Bastien LACHAUD, Maxime LAISNEY, Arnaud LE GALL, Antoine LÉAUMENT, Mmes Élise LEBOUCHER, Charlotte LEDUC, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Murielle LEPVRAUD, Élisa MARTIN, Pascale MARTIN, MM. William MARTINET, Frédéric MATHIEU, Damien MAUDET, Mmes Marianne MAXIMI, Manon MEUNIER, M. Jean-Philippe NILOR, Mmes Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Sébastien ROME, François RUFFIN, Aurélien SAINTOUL, Michel SALA, Mmes Danielle SIMONNET,
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
LE CONSEIL CONSTITUTIONNEL A ÉTÉ SAISI, dans les conditions prévues au deuxième alinéa de l’article 61 de la Constitution, de la loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels, sous le n° 2024-869 DC, le 22 mai 2024, par Mmes Mathilde PANOT, Nadège ABOMANGOLI, MM. Laurent ALEXANDRE, Gabriel AMARD, Mmes Ségolène AMIOT, Farida AMRANI, M. Rodrigo ARENAS, Mme Clémentine AUTAIN, MM. Ugo BERNALICIS, Christophe BEX, Carlos Martens BILONGO, Manuel BOMPARD, Idir BOUMERTIT, Louis BOYARD, Aymeric CARON, Sylvain CARRIÈRE, Florian CHAUCHE, Mme Sophia CHIKIROU, MM. Hadrien CLOUET, Éric COQUEREL, Alexis CORBIÈRE, Jean-François COULOMME, Mme Catherine COUTURIER, MM. Hendrik DAVI, Sébastien DELOGU, Mmes Alma DUFOUR, Karen ERODI, Martine ÉTIENNE, M. Emmanuel FERNANDES, Mmes Sylvie FERRER, Caroline FIAT, M. Perceval GAILLARD, Mmes Raquel GARRIDO, Clémence GUETTÉ, M. David GUIRAUD, Mmes Mathilde HIGNET, Rachel KEKE, MM. Andy KERBRAT, Bastien LACHAUD, Maxime LAISNEY, Arnaud LE GALL, Antoine LÉAUMENT, Mmes Élise LEBOUCHER, Charlotte LEDUC, M. Jérôme LEGAVRE, Mmes Sarah LEGRAIN, Murielle LEPVRAUD, Élisa MARTIN, Pascale MARTIN, MM. William MARTINET, Frédéric MATHIEU, Damien MAUDET, Mmes Marianne MAXIMI, Manon MEUNIER, M. Jean-Philippe NILOR, Mmes Danièle OBONO, Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Sébastien ROME, François RUFFIN, Aurélien SAINTOUL, Michel SALA, Mmes Danielle SIMONNET,
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CONSTEXT000049905271_1
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CONSTEXT000049905271
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a4b485876dc1cc95
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Sébastien ROME, François RUFFIN, Aurélien SAINTOUL, Michel SALA, Mmes Danielle SIMONNET, Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, MM. Paul VANNIER et Léo WALTER, députés.
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
Nathalie OZIOL, MM. René PILATO, François PIQUEMAL, Thomas PORTES, Loïc PRUD’HOMME, Jean-Hugues RATENON, Sébastien ROME, François RUFFIN, Aurélien SAINTOUL, Michel SALA, Mmes Danielle SIMONNET, Ersilia SOUDAIS, Anne STAMBACH-TERRENOIR, Andrée TAURINYA, M. Matthias TAVEL, Mme Aurélie TROUVÉ, MM. Paul VANNIER et Léo WALTER, députés.
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CONSTEXT000049905271_2
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CONSTEXT000049905271
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a5bb187bbdca88dd
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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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 pénal ;- le code des procédures civiles d’exécution ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 10 juin 2024 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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 pénal ;- le code des procédures civiles d’exécution ;- le règlement du 11 mars 2022 sur la procédure suivie devant le Conseil constitutionnel pour les déclarations de conformité à la Constitution ;Au vu des observations du Gouvernement, enregistrées le 10 juin 2024 ;Et après avoir entendu le rapporteur ;LE CONSEIL CONSTITUTIONNEL S’EST FONDÉ SUR CE QUI SUIT :
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CONSTEXT000049905271_3
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CONSTEXT000049905271
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51e1ea4c7c30a352
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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1. Les députés requérants défèrent au Conseil constitutionnel la loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels. Ils contestent la conformité à la Constitution de certaines dispositions de son article 16.- Sur certaines dispositions de l’article 16 :2. Le d du 1° du paragraphe I de l’article 16 de la loi déférée complète l’article 131-21 du code pénal afin de prévoir que la décision définitive de confiscation d’un bien immobilier prononcée à titre de peine vaut titre d’expulsion à l’encontre de la personne condamnée et de tout occupant de son chef. 3. Les députés requérants reprochent à ces dispositions d’autoriser l’expulsion automatique des occupants d’un bien immobilier confisqué, alors même que ces derniers seraient étrangers à l’infraction commise par la personne condamnée. Ils dénoncent en outre l’imprécision de la notion d’« occupant de son chef », qui serait laissée à l’appréciation du commissaire de justice lors de l’exécution du titre d’expulsion. Ils font par ailleurs valoir que l’exception prévue en faveur de l’occupant titulaire d’une convention d’occupation ou de louage d’ouvrage ne constituerait pas une garantie suffisante, dès lors qu’il ne pourrait justifier de la régularité de son titre d’occupation que devant le juge de l’exécution et que ce dernier n’aurait pas le pouvoir d’annuler la décision valant expulsion. Il en résulterait, selon eux, une méconnaissance du « principe de sûreté », du droit au respect de
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
1. Les députés requérants défèrent au Conseil constitutionnel la loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels. Ils contestent la conformité à la Constitution de certaines dispositions de son article 16.- Sur certaines dispositions de l’article 16 :2. Le d du 1° du paragraphe I de l’article 16 de la loi déférée complète l’article 131-21 du code pénal afin de prévoir que la décision définitive de confiscation d’un bien immobilier prononcée à titre de peine vaut titre d’expulsion à l’encontre de la personne condamnée et de tout occupant de son chef. 3. Les députés requérants reprochent à ces dispositions d’autoriser l’expulsion automatique des occupants d’un bien immobilier confisqué, alors même que ces derniers seraient étrangers à l’infraction commise par la personne condamnée. Ils dénoncent en outre l’imprécision de la notion d’« occupant de son chef », qui serait laissée à l’appréciation du commissaire de justice lors de l’exécution du titre d’expulsion. Ils font par ailleurs valoir que l’exception prévue en faveur de l’occupant titulaire d’une convention d’occupation ou de louage d’ouvrage ne constituerait pas une garantie suffisante, dès lors qu’il ne pourrait justifier de la régularité de son titre d’occupation que devant le juge de l’exécution et que ce dernier n’aurait pas le pouvoir d’annuler la décision valant expulsion. Il en résulterait, selon eux, une méconnaissance du « principe de sûreté », du droit au respect de
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CONSTEXT000049905271_4
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CONSTEXT000049905271
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8fd6c7a4833435c5
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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de l’exécution et que ce dernier n’aurait pas le pouvoir d’annuler la décision valant expulsion. Il en résulterait, selon eux, une méconnaissance du « principe de sûreté », du droit au respect de la vie privée, du principe de l’inviolabilité du domicile, du droit de mener une vie familiale normale, du droit à un recours juridictionnel effectif, des droits de la défense, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent et de celui d’accessibilité et d’intelligibilité de la loi.4. Selon l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789 : « Le but de toute association politique est la conservation des droits naturels et imprescriptibles de l’homme. Ces droits sont la liberté, la propriété, la sûreté et la résistance à l’oppression ». La liberté proclamée par cet article implique le droit au respect de la vie privée et, en particulier, de l’inviolabilité du domicile.5. Aux termes de l’article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n’est pas assurée, ni la séparation des pouvoirs déterminée, n’a point de Constitution ». Il résulte de cette disposition qu’il ne doit pas être porté d’atteintes substantielles au droit des personnes intéressées d’exercer un recours effectif devant une juridiction.6. En application de l’article 131-21 du code pénal, le juge peut prononcer, à titre de peine complémentaire, la confiscation d’un bien
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
de l’exécution et que ce dernier n’aurait pas le pouvoir d’annuler la décision valant expulsion. Il en résulterait, selon eux, une méconnaissance du « principe de sûreté », du droit au respect de la vie privée, du principe de l’inviolabilité du domicile, du droit de mener une vie familiale normale, du droit à un recours juridictionnel effectif, des droits de la défense, ainsi que de l’objectif de valeur constitutionnelle que constitue la possibilité pour toute personne de disposer d’un logement décent et de celui d’accessibilité et d’intelligibilité de la loi.4. Selon l’article 2 de la Déclaration des droits de l’homme et du citoyen de 1789 : « Le but de toute association politique est la conservation des droits naturels et imprescriptibles de l’homme. Ces droits sont la liberté, la propriété, la sûreté et la résistance à l’oppression ». La liberté proclamée par cet article implique le droit au respect de la vie privée et, en particulier, de l’inviolabilité du domicile.5. Aux termes de l’article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n’est pas assurée, ni la séparation des pouvoirs déterminée, n’a point de Constitution ». Il résulte de cette disposition qu’il ne doit pas être porté d’atteintes substantielles au droit des personnes intéressées d’exercer un recours effectif devant une juridiction.6. En application de l’article 131-21 du code pénal, le juge peut prononcer, à titre de peine complémentaire, la confiscation d’un bien
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CONSTEXT000049905271_5
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CONSTEXT000049905271
| 5 |
4aa40349e8eca900
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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d’exercer un recours effectif devant une juridiction.6. En application de l’article 131-21 du code pénal, le juge peut prononcer, à titre de peine complémentaire, la confiscation d’un bien immobilier dont la personne condamnée est propriétaire. Dans ce cas, le bien est dévolu à l’État.7. Les dispositions contestées prévoient que la décision définitive de confiscation constitue un titre d’expulsion à l’encontre tant de la personne condamnée que de tout occupant de son chef. Elles précisent que n’est pas considérée comme occupant du chef du condamné la personne de bonne foi titulaire d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur tout ou partie du bien confisqué, à condition que cette convention ait été conclue avant la décision de saisie et qu’elle ait été régulièrement exécutée par les deux parties.8. En premier lieu, par ces dispositions, le législateur a entendu renforcer l’efficacité de la peine de confiscation en facilitant l’expulsion des occupants du bien concerné. Il a ainsi poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public.9. En deuxième lieu, d’une part, il résulte des termes « tout occupant de son chef », qui ne sont pas imprécis, que la décision définitive de confiscation vaut titre d’expulsion uniquement pour les personnes qui ne disposent pas d’un titre d’occupation et tiennent exclusivement de la personne condamnée leur droit d’occuper le bien confisqué. Peuvent notamment être expulsés des membres
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
d’exercer un recours effectif devant une juridiction.6. En application de l’article 131-21 du code pénal, le juge peut prononcer, à titre de peine complémentaire, la confiscation d’un bien immobilier dont la personne condamnée est propriétaire. Dans ce cas, le bien est dévolu à l’État.7. Les dispositions contestées prévoient que la décision définitive de confiscation constitue un titre d’expulsion à l’encontre tant de la personne condamnée que de tout occupant de son chef. Elles précisent que n’est pas considérée comme occupant du chef du condamné la personne de bonne foi titulaire d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur tout ou partie du bien confisqué, à condition que cette convention ait été conclue avant la décision de saisie et qu’elle ait été régulièrement exécutée par les deux parties.8. En premier lieu, par ces dispositions, le législateur a entendu renforcer l’efficacité de la peine de confiscation en facilitant l’expulsion des occupants du bien concerné. Il a ainsi poursuivi l’objectif de valeur constitutionnelle de sauvegarde de l’ordre public.9. En deuxième lieu, d’une part, il résulte des termes « tout occupant de son chef », qui ne sont pas imprécis, que la décision définitive de confiscation vaut titre d’expulsion uniquement pour les personnes qui ne disposent pas d’un titre d’occupation et tiennent exclusivement de la personne condamnée leur droit d’occuper le bien confisqué. Peuvent notamment être expulsés des membres
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CONSTEXT000049905271_6
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CONSTEXT000049905271
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142f5ff707913aa1
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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pour les personnes qui ne disposent pas d’un titre d’occupation et tiennent exclusivement de la personne condamnée leur droit d’occuper le bien confisqué. Peuvent notamment être expulsés des membres de la famille de la personne condamnée. Toutefois, il appartiendra au juge qui prononce la peine de confiscation de prendre en compte, au regard des éléments dont il dispose, la situation personnelle et familiale de la personne condamnée.10. D’autre part, conformément à l’article L. 412-1 du code des procédures civiles d’exécution, l’expulsion des occupants du chef de la personne condamnée ne peut avoir lieu qu’à l’expiration d’un délai de deux mois suivant un commandement d’avoir à libérer les locaux. Ces derniers peuvent en outre saisir le juge de l’exécution sur le fondement de l’article L. 412-3 du même code et faire ainsi valoir leur situation personnelle et familiale afin d’obtenir des délais renouvelables, lorsque leur relogement ne peut avoir lieu dans des conditions normales.11. En dernier lieu, les dispositions contestées prévoient que les personnes titulaires d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur le bien confisqué ne peuvent pas être considérées comme occupant du chef de la personne condamnée, sous réserve que cette convention ait été conclue de bonne foi. En cas de contestation, il revient au juge de l’exécution de s’assurer que ces conditions sont réunies.12. En revanche, ces dispositions prévoient en outre que cette
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
pour les personnes qui ne disposent pas d’un titre d’occupation et tiennent exclusivement de la personne condamnée leur droit d’occuper le bien confisqué. Peuvent notamment être expulsés des membres de la famille de la personne condamnée. Toutefois, il appartiendra au juge qui prononce la peine de confiscation de prendre en compte, au regard des éléments dont il dispose, la situation personnelle et familiale de la personne condamnée.10. D’autre part, conformément à l’article L. 412-1 du code des procédures civiles d’exécution, l’expulsion des occupants du chef de la personne condamnée ne peut avoir lieu qu’à l’expiration d’un délai de deux mois suivant un commandement d’avoir à libérer les locaux. Ces derniers peuvent en outre saisir le juge de l’exécution sur le fondement de l’article L. 412-3 du même code et faire ainsi valoir leur situation personnelle et familiale afin d’obtenir des délais renouvelables, lorsque leur relogement ne peut avoir lieu dans des conditions normales.11. En dernier lieu, les dispositions contestées prévoient que les personnes titulaires d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur le bien confisqué ne peuvent pas être considérées comme occupant du chef de la personne condamnée, sous réserve que cette convention ait été conclue de bonne foi. En cas de contestation, il revient au juge de l’exécution de s’assurer que ces conditions sont réunies.12. En revanche, ces dispositions prévoient en outre que cette
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CONSTEXT000049905271_7
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CONSTEXT000049905271
| 7 |
58b0c706fef8c8b2
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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ait été conclue de bonne foi. En cas de contestation, il revient au juge de l’exécution de s’assurer que ces conditions sont réunies.12. En revanche, ces dispositions prévoient en outre que cette convention doit avoir été conclue avant la décision de saisie et régulièrement exécutée par les deux parties. Ce faisant, elles peuvent conduire à l’expulsion de l’occupant de bonne foi au motif que la convention a été conclue après une saisie alors que celle-ci n’est pas systématique et qu’il n’en a pas nécessairement connaissance, ainsi que dans le cas où l’inexécution est imputable à la personne condamnée. Elles méconnaissent ainsi les exigences de l’article 2 de la Déclaration de 1789.13. Il résulte de ce qui précède que les mots « si cette convention a été conclue avant la décision de saisie et a été régulièrement exécutée par les deux parties » figurant à la seconde phrase du d du 1° du paragraphe I de l’article 16 de la loi déférée sont contraires à la Constitution. 14. Le reste de cette seconde phrase et, sous la réserve énoncée au paragraphe 9, les mots « et de tout occupant de son chef » figurant à la première phrase du d du 1° du paragraphe I du même article ne méconnaissent pas les exigences constitutionnelles précitées. 15. Par conséquent, sous la même réserve, ces dispositions, qui ne méconnaissent pas non plus le droit de mener une vie familiale normale, les droits de la défense et l’objectif de valeur constitutionnelle d’intelligibilité et d’accessibilité de la loi,
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
ait été conclue de bonne foi. En cas de contestation, il revient au juge de l’exécution de s’assurer que ces conditions sont réunies.12. En revanche, ces dispositions prévoient en outre que cette convention doit avoir été conclue avant la décision de saisie et régulièrement exécutée par les deux parties. Ce faisant, elles peuvent conduire à l’expulsion de l’occupant de bonne foi au motif que la convention a été conclue après une saisie alors que celle-ci n’est pas systématique et qu’il n’en a pas nécessairement connaissance, ainsi que dans le cas où l’inexécution est imputable à la personne condamnée. Elles méconnaissent ainsi les exigences de l’article 2 de la Déclaration de 1789.13. Il résulte de ce qui précède que les mots « si cette convention a été conclue avant la décision de saisie et a été régulièrement exécutée par les deux parties » figurant à la seconde phrase du d du 1° du paragraphe I de l’article 16 de la loi déférée sont contraires à la Constitution. 14. Le reste de cette seconde phrase et, sous la réserve énoncée au paragraphe 9, les mots « et de tout occupant de son chef » figurant à la première phrase du d du 1° du paragraphe I du même article ne méconnaissent pas les exigences constitutionnelles précitées. 15. Par conséquent, sous la même réserve, ces dispositions, qui ne méconnaissent pas non plus le droit de mener une vie familiale normale, les droits de la défense et l’objectif de valeur constitutionnelle d’intelligibilité et d’accessibilité de la loi,
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CONSTEXT000049905271_8
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CONSTEXT000049905271
| 8 |
3ca43c54ae850d76
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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qui ne méconnaissent pas non plus le droit de mener une vie familiale normale, les droits de la défense et l’objectif de valeur constitutionnelle d’intelligibilité et d’accessibilité de la loi, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :16. Le Conseil constitutionnel n’a soulevé d’office aucune question de conformité à la Constitution et ne s’est donc pas prononcé sur la constitutionnalité des autres dispositions que celles examinées dans la présente décision.
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
qui ne méconnaissent pas non plus le droit de mener une vie familiale normale, les droits de la défense et l’objectif de valeur constitutionnelle d’intelligibilité et d’accessibilité de la loi, ni aucune autre exigence constitutionnelle, sont conformes à la Constitution.- Sur les autres dispositions :16. 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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CONSTEXT000049905271_9
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CONSTEXT000049905271
| 9 |
1b6fc32b8c7d1efe
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DC
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Non conformité partielle - réserve
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
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2024-869
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2024-06-20
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LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « si cette convention a été conclue avant la décision de saisie et a été régulièrement exécutée par les deux parties » figurant à la seconde phrase du d du 1° du paragraphe I de l’article 16 de la loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels sont contraires à la Constitution. Article 2. - Sous la réserve énoncée au paragraphe 9, les mots « et de tout occupant de son chef » figurant à la première phrase du dernier alinéa de l’article 131-21 du code pénal, dans sa rédaction résultant de l’article 16 de la loi déférée, sont conformes à la Constitution. Article 3. - Les mots « N’est pas considérée comme occupant du chef du condamné la personne de bonne foi titulaire d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur tout ou partie du bien confisqué » figurant à la seconde phrase du dernier alinéa de l’article 131-21 du code pénal, dans sa rédaction résultant de l’article 16 de la loi déférée, sont conformes à la Constitution. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2024, où siégeaient : M. Laurent FABIUS, Président, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mmes Corinne LUQUIENS, Véronique MALBEC, MM. Jacques MÉZARD, François PILLET, Michel PINAULT et François SÉNERS. Rendu public le 20 juin 2024.
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Loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels
LE CONSEIL CONSTITUTIONNEL DÉCIDE : Article 1er. - Les mots « si cette convention a été conclue avant la décision de saisie et a été régulièrement exécutée par les deux parties » figurant à la seconde phrase du d du 1° du paragraphe I de l’article 16 de la loi améliorant l’efficacité des dispositifs de saisie et de confiscation des avoirs criminels sont contraires à la Constitution. Article 2. - Sous la réserve énoncée au paragraphe 9, les mots « et de tout occupant de son chef » figurant à la première phrase du dernier alinéa de l’article 131-21 du code pénal, dans sa rédaction résultant de l’article 16 de la loi déférée, sont conformes à la Constitution. Article 3. - Les mots « N’est pas considérée comme occupant du chef du condamné la personne de bonne foi titulaire d’une convention d’occupation ou de louage d’ouvrage à titre onéreux portant sur tout ou partie du bien confisqué » figurant à la seconde phrase du dernier alinéa de l’article 131-21 du code pénal, dans sa rédaction résultant de l’article 16 de la loi déférée, sont conformes à la Constitution. Article 4. - Cette décision sera publiée au Journal officiel de la République française.
Jugé par le Conseil constitutionnel dans sa séance du 20 juin 2024, où siégeaient : M. Laurent FABIUS, Président, Mme Jacqueline GOURAULT, M. Alain JUPPÉ, Mmes Corinne LUQUIENS, Véronique MALBEC, MM. Jacques MÉZARD, François PILLET, Michel PINAULT et François SÉNERS. Rendu public le 20 juin 2024.
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CONSTEXT000017664594_0
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CONSTEXT000017664594
| 0 |
3ce8a31cde6807e1
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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Le Conseil constitutionnel a été saisi, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, le 3 décembre 2002 et par un mémoire complémentaire enregistré le 10 décembre 2002, de la loi de financement de la sécurité sociale pour 2003, par M. Jean-Marc AYRAULT, Mme Patricia ADAM, M. Damien ALARY, Mme Sylvie ANDRIEUX-BACQUET, MM. Jean-Marie AUBRON, Jean-Paul BACQUET, Jean-Pierre BALLIGAND, Gérard BAPT, Claude BARTOLONE, Jacques BASCOU, Christian BATAILLE, Jean-Claude BATEUX, Jean-Claude BEAUCHAUD, Éric BESSON, Jean-Louis BIANCO, Jean-Pierre BLAZY, Serge BLISKO, Patrick BLOCHE, Jean-Claude BOIS, Daniel BOISSERIE, Maxime BONO, Augustin BONREPAUX, Jean-Michel BOUCHERON, Pierre BOURGUIGNON, Mme Danielle BOUSQUET, MM. François BROTTES, Jean-Christophe CAMBADÉLIS, Thierry CARCENAC, Christophe CARESCHE, Mme Martine CARILLON-COUVREUR, MM. Laurent CATHALA, Jean-Paul CHANTEGUET, Michel CHARZAT, Alain CLAEYS, Mme Marie-Françoise CLERGEAU, MM. Gilles COCQUEMPOT, Pierre COHEN, Mme Claude DARCIAUX, M. Michel DASSEUX, Mme Martine DAVID, MM. Marcel DEHOUX, Michel DELEBARRE, Jean DELOBEL, Bernard DEROSIER, Michel DESTOT, Marc DOLEZ, François DOSÉ, René DOSIÈRE, Julien DRAY, Tony DREYFUS, Pierre DUCOUT, Jean-Pierre DUFAU, Jean-Louis DUMONT, Jean-Paul DUPRÉ, Yves DURAND, Henri EMMANUELLI, Claude ÉVIN, Laurent FABIUS, Albert FACON, Jacques FLOCH, Pierre FORGUES, Michel FRANÇAIX, Jean GAUBERT, Mmes Nathalie GAUTIER, Catherine GÉNISSON, MM. Jean GLAVANY, Gaétan GORCE, Alain
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Loi de financement de la sécurité sociale pour 2003
Le Conseil constitutionnel a été saisi, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, le 3 décembre 2002 et par un mémoire complémentaire enregistré le 10 décembre 2002, de la loi de financement de la sécurité sociale pour 2003, par M. Jean-Marc AYRAULT, Mme Patricia ADAM, M. Damien ALARY, Mme Sylvie ANDRIEUX-BACQUET, MM. Jean-Marie AUBRON, Jean-Paul BACQUET, Jean-Pierre BALLIGAND, Gérard BAPT, Claude BARTOLONE, Jacques BASCOU, Christian BATAILLE, Jean-Claude BATEUX, Jean-Claude BEAUCHAUD, Éric BESSON, Jean-Louis BIANCO, Jean-Pierre BLAZY, Serge BLISKO, Patrick BLOCHE, Jean-Claude BOIS, Daniel BOISSERIE, Maxime BONO, Augustin BONREPAUX, Jean-Michel BOUCHERON, Pierre BOURGUIGNON, Mme Danielle BOUSQUET, MM. François BROTTES, Jean-Christophe CAMBADÉLIS, Thierry CARCENAC, Christophe CARESCHE, Mme Martine CARILLON-COUVREUR, MM. Laurent CATHALA, Jean-Paul CHANTEGUET, Michel CHARZAT, Alain CLAEYS, Mme Marie-Françoise CLERGEAU, MM. Gilles COCQUEMPOT, Pierre COHEN, Mme Claude DARCIAUX, M. Michel DASSEUX, Mme Martine DAVID, MM. Marcel DEHOUX, Michel DELEBARRE, Jean DELOBEL, Bernard DEROSIER, Michel DESTOT, Marc DOLEZ, François DOSÉ, René DOSIÈRE, Julien DRAY, Tony DREYFUS, Pierre DUCOUT, Jean-Pierre DUFAU, Jean-Louis DUMONT, Jean-Paul DUPRÉ, Yves DURAND, Henri EMMANUELLI, Claude ÉVIN, Laurent FABIUS, Albert FACON, Jacques FLOCH, Pierre FORGUES, Michel FRANÇAIX, Jean GAUBERT, Mmes Nathalie GAUTIER, Catherine GÉNISSON, MM. Jean GLAVANY, Gaétan GORCE, Alain
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CONSTEXT000017664594_1
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CONSTEXT000017664594
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5eba967af2c33e40
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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EMMANUELLI, Claude ÉVIN, Laurent FABIUS, Albert FACON, Jacques FLOCH, Pierre FORGUES, Michel FRANÇAIX, Jean GAUBERT, Mmes Nathalie GAUTIER, Catherine GÉNISSON, MM. Jean GLAVANY, Gaétan GORCE, Alain GOURIOU, Mmes Elisabeth GUIGOU, Paulette GUINCHARD-KUNSTLER, M. David HABIB, Mme Danièle HOFFMAN-RISPAL, MM. François HOLLANDE, Jean-Louis IDIART, Mme Françoise IMBERT, MM. Serge JANQUIN, Armand JUNG, Jean-Pierre KUCHEIDA, Mme Conchita LACUEY, MM. Jérôme LAMBERT, François LAMY, Jack LANG, Jean LAUNAY, Jean-Yves LE BOUILLONNEC, Mme Marylise LEBRANCHU, MM. Gilbert LE BRIS, Jean-Yves LE DÉAUT, Jean-Yves LE DRIAN, Michel LEFAIT, Jean LE GARREC, Jean-Marie LE GUEN, Patrick LEMASLE, Bruno LE ROUX, Jean-Claude LEROY, Michel LIEBGOTT, Mme Martine LIGNIÈRES-CASSOU, MM. François LONCLE, Victorin LUREL, Bernard MADRELLE, Louis-Joseph MANSCOUR, Philippe MARTIN, Christophe MASSE, Didier MATHUS, Kléber MESQUIDA, Jean MICHEL, Didier MIGAUD, Mme Hélène MIGNON, MM. Arnaud MONTEBOURG, Henri NAYROU, Alain NÉRI, Mme Marie-Renée OGET, MM. Michel PAJON, Christian PAUL, Christophe PAYET, Germinal PEIRO, Jean-Claude PEREZ, Mmes Marie-Françoise PEROL-DUMONT, Geneviève PERRIN-GAILLARD, MM. Jean-Jack QUEYRANNE, Paul QUILÈS, Alain RODET, Bernard ROMAN, René ROUQUET, Patrick ROY, Mme Ségolène ROYAL, M. Michel SAINTE-MARIE, Mme Odile SAUGUES, MM. Henri SICRE, Dominique STRAUSS-KAHN, Pascal TERRASSE, Philippe TOURTELIER, Daniel VAILLANT, André VALLINI, Manuel VALLS, Michel VERGNIER, Alain VIDALIES, Jean-Claude
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Loi de financement de la sécurité sociale pour 2003
EMMANUELLI, Claude ÉVIN, Laurent FABIUS, Albert FACON, Jacques FLOCH, Pierre FORGUES, Michel FRANÇAIX, Jean GAUBERT, Mmes Nathalie GAUTIER, Catherine GÉNISSON, MM. Jean GLAVANY, Gaétan GORCE, Alain GOURIOU, Mmes Elisabeth GUIGOU, Paulette GUINCHARD-KUNSTLER, M. David HABIB, Mme Danièle HOFFMAN-RISPAL, MM. François HOLLANDE, Jean-Louis IDIART, Mme Françoise IMBERT, MM. Serge JANQUIN, Armand JUNG, Jean-Pierre KUCHEIDA, Mme Conchita LACUEY, MM. Jérôme LAMBERT, François LAMY, Jack LANG, Jean LAUNAY, Jean-Yves LE BOUILLONNEC, Mme Marylise LEBRANCHU, MM. Gilbert LE BRIS, Jean-Yves LE DÉAUT, Jean-Yves LE DRIAN, Michel LEFAIT, Jean LE GARREC, Jean-Marie LE GUEN, Patrick LEMASLE, Bruno LE ROUX, Jean-Claude LEROY, Michel LIEBGOTT, Mme Martine LIGNIÈRES-CASSOU, MM. François LONCLE, Victorin LUREL, Bernard MADRELLE, Louis-Joseph MANSCOUR, Philippe MARTIN, Christophe MASSE, Didier MATHUS, Kléber MESQUIDA, Jean MICHEL, Didier MIGAUD, Mme Hélène MIGNON, MM. Arnaud MONTEBOURG, Henri NAYROU, Alain NÉRI, Mme Marie-Renée OGET, MM. Michel PAJON, Christian PAUL, Christophe PAYET, Germinal PEIRO, Jean-Claude PEREZ, Mmes Marie-Françoise PEROL-DUMONT, Geneviève PERRIN-GAILLARD, MM. Jean-Jack QUEYRANNE, Paul QUILÈS, Alain RODET, Bernard ROMAN, René ROUQUET, Patrick ROY, Mme Ségolène ROYAL, M. Michel SAINTE-MARIE, Mme Odile SAUGUES, MM. Henri SICRE, Dominique STRAUSS-KAHN, Pascal TERRASSE, Philippe TOURTELIER, Daniel VAILLANT, André VALLINI, Manuel VALLS, Michel VERGNIER, Alain VIDALIES, Jean-Claude
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CONSTEXT000017664594_2
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CONSTEXT000017664594
| 2 |
19c7144dfa33787b
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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Mme Odile SAUGUES, MM. Henri SICRE, Dominique STRAUSS-KAHN, Pascal TERRASSE, Philippe TOURTELIER, Daniel VAILLANT, André VALLINI, Manuel VALLS, Michel VERGNIER, Alain VIDALIES, Jean-Claude VIOLLET, Philippe VUILQUE et Guy LENGAGNE, députés ;LE CONSEIL CONSTITUTIONNEL,
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Loi de financement de la sécurité sociale pour 2003
Mme Odile SAUGUES, MM. Henri SICRE, Dominique STRAUSS-KAHN, Pascal TERRASSE, Philippe TOURTELIER, Daniel VAILLANT, André VALLINI, Manuel VALLS, Michel VERGNIER, Alain VIDALIES, Jean-Claude VIOLLET, Philippe VUILQUE et Guy LENGAGNE, députés ;LE CONSEIL CONSTITUTIONNEL,
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CONSTEXT000017664594_3
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CONSTEXT000017664594
| 3 |
9fc30d0ec98d0c57
|
DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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Vu la Constitution,Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu la loi organique n° 96-646 du 22 juillet 1996 relative aux lois de financement de la sécurité sociale ;Vu le code de la sécurité sociale ;Vu le code de l'action sociale et des familles ;Vu le code de la santé publique ;Vu la loi n° 78-753 du 17 juillet 1978 portant diverses mesures d'amélioration des relations entre l'administration et le public et diverses dispositions d'ordre administratif, social et fiscal ;Vu les observations du Gouvernement, enregistrées les 7 et 10 décembre 2002 ;Vu les observations en réplique présentées par les députés requérants, enregistrées le 11 décembre 2002 ;Le rapporteur ayant été entendu ;
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Loi de financement de la sécurité sociale pour 2003
Vu la Constitution,Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu la loi organique n° 96-646 du 22 juillet 1996 relative aux lois de financement de la sécurité sociale ;Vu le code de la sécurité sociale ;Vu le code de l'action sociale et des familles ;Vu le code de la santé publique ;Vu la loi n° 78-753 du 17 juillet 1978 portant diverses mesures d'amélioration des relations entre l'administration et le public et diverses dispositions d'ordre administratif, social et fiscal ;Vu les observations du Gouvernement, enregistrées les 7 et 10 décembre 2002 ;Vu les observations en réplique présentées par les députés requérants, enregistrées le 11 décembre 2002 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664594_4
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CONSTEXT000017664594
| 4 |
bbb9f833f6bb992a
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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1. Considérant que les auteurs de la saisine défèrent au Conseil constitutionnel la loi de financement de la sécurité sociale pour 2003 ; qu'ils contestent plus particulièrement, en tout ou partie, ses articles 2, 7, 13, 20, 21, 23, 31, 42, 43, 49, 50, 51, 56 et 59 ;- SUR LA SINCÉRITÉ DE LA LOI DÉFÉRÉE :En ce qui concerne la sincérité des prévisions de recettes figurant aux articles 20 et 21 :2. Considérant qu'en application du I de l'article L.O. 111-3 du code de la sécurité sociale, l'article 20 de la loi déférée établit, pour 2003, par catégorie, les prévisions de recettes de l'ensemble des régimes obligatoires de base et des organismes créés pour concourir à leur financement ; que l'article 21 fixe les prévisions révisées des mêmes recettes pour 2002 ;3. Considérant que les auteurs de la saisine soutiennent que, "présentant des prévisions irréalistes", ces articles méconnaîtraient l'exigence de sincérité ; qu'en particulier, leurs prévisions reposeraient sur des hypothèses de croissance économique surestimées, faute de prendre en compte les évolutions constatées au cours des trois premiers trimestres de l'année 2002 ; qu'ils invoquent à cet égard la révision en baisse des recettes fiscales de l'Etat de l'année 2002 par le projet de loi de finances rectificative déposé au Parlement, ainsi que la diminution des mêmes recettes résultant d'un amendement à la loi de finances pour 2003 actuellement en cours de discussion ; qu'ils font en outre référence à l'engagement pris par
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Loi de financement de la sécurité sociale pour 2003
1. Considérant que les auteurs de la saisine défèrent au Conseil constitutionnel la loi de financement de la sécurité sociale pour 2003 ; qu'ils contestent plus particulièrement, en tout ou partie, ses articles 2, 7, 13, 20, 21, 23, 31, 42, 43, 49, 50, 51, 56 et 59 ;- SUR LA SINCÉRITÉ DE LA LOI DÉFÉRÉE :En ce qui concerne la sincérité des prévisions de recettes figurant aux articles 20 et 21 :2. Considérant qu'en application du I de l'article L.O. 111-3 du code de la sécurité sociale, l'article 20 de la loi déférée établit, pour 2003, par catégorie, les prévisions de recettes de l'ensemble des régimes obligatoires de base et des organismes créés pour concourir à leur financement ; que l'article 21 fixe les prévisions révisées des mêmes recettes pour 2002 ;3. Considérant que les auteurs de la saisine soutiennent que, "présentant des prévisions irréalistes", ces articles méconnaîtraient l'exigence de sincérité ; qu'en particulier, leurs prévisions reposeraient sur des hypothèses de croissance économique surestimées, faute de prendre en compte les évolutions constatées au cours des trois premiers trimestres de l'année 2002 ; qu'ils invoquent à cet égard la révision en baisse des recettes fiscales de l'Etat de l'année 2002 par le projet de loi de finances rectificative déposé au Parlement, ainsi que la diminution des mêmes recettes résultant d'un amendement à la loi de finances pour 2003 actuellement en cours de discussion ; qu'ils font en outre référence à l'engagement pris par
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CONSTEXT000017664594_5
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CONSTEXT000017664594
| 5 |
8e07a6d4fa445cf7
|
DC
|
Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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ainsi que la diminution des mêmes recettes résultant d'un amendement à la loi de finances pour 2003 actuellement en cours de discussion ; qu'ils font en outre référence à l'engagement pris par le Gouvernement de déposer un projet de loi de financement rectificative "au cas où les prévisions de recettes et de dépenses effectuées dans le cadre de la commission des comptes de printemps montreraient un décalage significatif avec les objectifs fixés" ;4. Considérant qu'il ressort des éléments soumis au Conseil constitutionnel, comme des travaux parlementaires relatifs aux lois de finances en cours de discussion au Parlement, que les ajustements de recettes fiscales ci-dessus mentionnés, au demeurant d'ampleur limitée, résultent d'évolutions propres à certains impôts d'Etat, sans que les hypothèses économiques générales fondant les prévisions soient remises en cause ni pour 2002, ni pour 2003 ; qu'il n'apparaît pas, au regard des informations disponibles à la date du dépôt du projet dont est issue la loi déférée, comme lors de son adoption, et compte tenu des aléas inhérents aux prévisions de recettes figurant aux articles 20 et 21, que ces prévisions soient entachées d'une erreur manifeste ;5. Considérant que l'engagement pris par le Gouvernement de déposer au cours de l'année 2003, si nécessaire, un projet de loi de financement rectificative est conforme à l'exigence de sincérité et aux dispositions du II de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne
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Loi de financement de la sécurité sociale pour 2003
ainsi que la diminution des mêmes recettes résultant d'un amendement à la loi de finances pour 2003 actuellement en cours de discussion ; qu'ils font en outre référence à l'engagement pris par le Gouvernement de déposer un projet de loi de financement rectificative "au cas où les prévisions de recettes et de dépenses effectuées dans le cadre de la commission des comptes de printemps montreraient un décalage significatif avec les objectifs fixés" ;4. Considérant qu'il ressort des éléments soumis au Conseil constitutionnel, comme des travaux parlementaires relatifs aux lois de finances en cours de discussion au Parlement, que les ajustements de recettes fiscales ci-dessus mentionnés, au demeurant d'ampleur limitée, résultent d'évolutions propres à certains impôts d'Etat, sans que les hypothèses économiques générales fondant les prévisions soient remises en cause ni pour 2002, ni pour 2003 ; qu'il n'apparaît pas, au regard des informations disponibles à la date du dépôt du projet dont est issue la loi déférée, comme lors de son adoption, et compte tenu des aléas inhérents aux prévisions de recettes figurant aux articles 20 et 21, que ces prévisions soient entachées d'une erreur manifeste ;5. Considérant que l'engagement pris par le Gouvernement de déposer au cours de l'année 2003, si nécessaire, un projet de loi de financement rectificative est conforme à l'exigence de sincérité et aux dispositions du II de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne
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CONSTEXT000017664594_6
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CONSTEXT000017664594
| 6 |
adafc817de0b353c
|
DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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nécessaire, un projet de loi de financement rectificative est conforme à l'exigence de sincérité et aux dispositions du II de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne la sincérité des objectifs de dépenses d'assurance maladie fixés par les articles 49, 50 et 51 :6. Considérant qu'en application du I de l'article L.O. 111-3 du code de la sécurité sociale, l'article 49 fixe à 123,5 milliards d'euros, pour l'ensemble des régimes obligatoires de base, l'objectif national de dépenses d'assurance maladie pour 2003 ; que l'article 51 révise cet objectif pour 2002 en le portant à 116,7 milliards d'euros ; que l'article 50 est relatif à l'objectif propre à la branche maladie, maternité, invalidité et décès, qu'il fixe à 136,35 milliards d'euros ;7. Considérant qu'il est allégué que les objectifs ainsi déterminés pour les dépenses d'assurance maladie seraient manifestement sous-estimés ; qu'en particulier, l'objectif national pour 2003 mentionné à l'article 49 ne pourrait qu'être dépassé "au regard des causes structurelles de la croissance des dépenses de santé" ; que la loi déférée ne comporterait aucune mesure de maîtrise de ces dépenses justifiant l'infléchissement sensible de sa progression par rapport à l'objectif révisé pour 2002 ;8. Considérant que les objectifs dont la sincérité est contestée ont été déterminés en tenant compte des dépenses réelles observées en 2001 et au début de l'année 2002 ; que, pour prévoir la progression de ces dépenses
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Loi de financement de la sécurité sociale pour 2003
nécessaire, un projet de loi de financement rectificative est conforme à l'exigence de sincérité et aux dispositions du II de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne la sincérité des objectifs de dépenses d'assurance maladie fixés par les articles 49, 50 et 51 :6. Considérant qu'en application du I de l'article L.O. 111-3 du code de la sécurité sociale, l'article 49 fixe à 123,5 milliards d'euros, pour l'ensemble des régimes obligatoires de base, l'objectif national de dépenses d'assurance maladie pour 2003 ; que l'article 51 révise cet objectif pour 2002 en le portant à 116,7 milliards d'euros ; que l'article 50 est relatif à l'objectif propre à la branche maladie, maternité, invalidité et décès, qu'il fixe à 136,35 milliards d'euros ;7. Considérant qu'il est allégué que les objectifs ainsi déterminés pour les dépenses d'assurance maladie seraient manifestement sous-estimés ; qu'en particulier, l'objectif national pour 2003 mentionné à l'article 49 ne pourrait qu'être dépassé "au regard des causes structurelles de la croissance des dépenses de santé" ; que la loi déférée ne comporterait aucune mesure de maîtrise de ces dépenses justifiant l'infléchissement sensible de sa progression par rapport à l'objectif révisé pour 2002 ;8. Considérant que les objectifs dont la sincérité est contestée ont été déterminés en tenant compte des dépenses réelles observées en 2001 et au début de l'année 2002 ; que, pour prévoir la progression de ces dépenses
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CONSTEXT000017664594_7
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CONSTEXT000017664594
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a643b91937d9bb18
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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les objectifs dont la sincérité est contestée ont été déterminés en tenant compte des dépenses réelles observées en 2001 et au début de l'année 2002 ; que, pour prévoir la progression de ces dépenses sur l'ensemble de l'année 2002 et en 2003, ont été pris en considération à la fois l'effet différé de mesures acquises, celui des dispositions de la présente loi, ainsi que l'incidence d'engagements déjà souscrits ; qu'il ne ressort pas des éléments soumis au Conseil constitutionnel que ces estimations seraient entachées d'erreur manifeste ;9. Considérant qu'il résulte de tout ce qui précède que les griefs tirés du défaut de sincérité de la loi déférée doivent être rejetés ;- SUR L'ARTICLE 13 :10. Considérant que l'article 13 de la loi déférée insère dans le code de la sécurité sociale les articles L. 245-13 à L. 245-13-6 en vue d'instituer, au profit de la Caisse nationale d'assurance maladie des travailleurs salariés, une "cotisation sur les bières fortes" due à raison de la livraison aux consommateurs de bières d'une teneur en alcool supérieure à 8,5 degrés ; que le montant de cette cotisation est fixé à 200 euros par hectolitre ;11. Considérant que les requérants reprochent à cette mesure de porter atteinte au principe d'égalité ;12. Considérant que 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
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Loi de financement de la sécurité sociale pour 2003
les objectifs dont la sincérité est contestée ont été déterminés en tenant compte des dépenses réelles observées en 2001 et au début de l'année 2002 ; que, pour prévoir la progression de ces dépenses sur l'ensemble de l'année 2002 et en 2003, ont été pris en considération à la fois l'effet différé de mesures acquises, celui des dispositions de la présente loi, ainsi que l'incidence d'engagements déjà souscrits ; qu'il ne ressort pas des éléments soumis au Conseil constitutionnel que ces estimations seraient entachées d'erreur manifeste ;9. Considérant qu'il résulte de tout ce qui précède que les griefs tirés du défaut de sincérité de la loi déférée doivent être rejetés ;- SUR L'ARTICLE 13 :10. Considérant que l'article 13 de la loi déférée insère dans le code de la sécurité sociale les articles L. 245-13 à L. 245-13-6 en vue d'instituer, au profit de la Caisse nationale d'assurance maladie des travailleurs salariés, une "cotisation sur les bières fortes" due à raison de la livraison aux consommateurs de bières d'une teneur en alcool supérieure à 8,5 degrés ; que le montant de cette cotisation est fixé à 200 euros par hectolitre ;11. Considérant que les requérants reprochent à cette mesure de porter atteinte au principe d'égalité ;12. Considérant que 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
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CONSTEXT000017664594_8
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CONSTEXT000017664594
| 8 |
aa6fcbd35794de2d
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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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 ;13. Considérant qu'il résulte des travaux préparatoires que la cotisation créée par la loi déférée tend, comme le précise expressément le nouvel article L. 245-13 du code de la sécurité sociale, à limiter la consommation des bières à haute teneur en alcool "en raison des risques que comporte l'usage immodéré de ces produits pour la santé", en particulier celle des jeunes ; qu'au regard de l'objectif de protection de la santé publique ainsi poursuivi, le législateur n'a pas méconnu le principe d'égalité ;SUR L'ARTICLE 43 :14. Considérant que l'article 43 de la loi déférée a pour principal objet de modifier les conditions de remboursement des dépenses exposées par les assurés sociaux pour l'achat de médicaments figurant dans un "groupe générique" au sens des dispositions du 5° de l'article L. 5121-1 du code de la santé publique ;15. Considérant que le I de l'article 43 modifie l'article L. 162-16 du code de la sécurité sociale en vue de limiter au prix de la spécialité générique la plus chère du même groupe la prise en charge de telles dépenses par l'assurance maladie, tant lorsqu'un médicament appartenant à ce groupe a été délivré à l'assuré conformément à une prescription libellée
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Loi de financement de la sécurité sociale pour 2003
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 ;13. Considérant qu'il résulte des travaux préparatoires que la cotisation créée par la loi déférée tend, comme le précise expressément le nouvel article L. 245-13 du code de la sécurité sociale, à limiter la consommation des bières à haute teneur en alcool "en raison des risques que comporte l'usage immodéré de ces produits pour la santé", en particulier celle des jeunes ; qu'au regard de l'objectif de protection de la santé publique ainsi poursuivi, le législateur n'a pas méconnu le principe d'égalité ;SUR L'ARTICLE 43 :14. Considérant que l'article 43 de la loi déférée a pour principal objet de modifier les conditions de remboursement des dépenses exposées par les assurés sociaux pour l'achat de médicaments figurant dans un "groupe générique" au sens des dispositions du 5° de l'article L. 5121-1 du code de la santé publique ;15. Considérant que le I de l'article 43 modifie l'article L. 162-16 du code de la sécurité sociale en vue de limiter au prix de la spécialité générique la plus chère du même groupe la prise en charge de telles dépenses par l'assurance maladie, tant lorsqu'un médicament appartenant à ce groupe a été délivré à l'assuré conformément à une prescription libellée
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CONSTEXT000017664594_9
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CONSTEXT000017664594
| 9 |
e7cf50f67b2fd3f9
|
DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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chère du même groupe la prise en charge de telles dépenses par l'assurance maladie, tant lorsqu'un médicament appartenant à ce groupe a été délivré à l'assuré conformément à une prescription libellée en dénomination commune que lorsque le pharmacien a remplacé la spécialité prescrite par une autre spécialité du même groupe dans le cadre du pouvoir de substitution qu'il tient de l'article L. 5125-23 du code de la santé publique ;16. Considérant que les dispositions nouvelles du 3° du I de l'article 43 permettent que la base de remboursement des médicaments appartenant à un même groupe générique soit limitée à un "tarif forfaitaire de responsabilité" arrêté par les ministres de la santé et de la sécurité sociale après avis du Comité économique des produits de santé institué par l'article L. 162-17-3 du code de la sécurité sociale ; que, selon les requérants, ces dispositions seraient contraires au principe d'égalité et méconnaîtraient les exigences constitutionnelles relatives à la santé ;17. Considérant que le principe d'égalité ne s'oppose pas à ce que le législateur déroge à l'égalité pour des raisons d'intérêt général dès lors que la différence de traitement qui en résulte est en rapport direct avec l'objet de la loi qui l'établit ;18. Considérant que le tarif forfaitaire de responsabilité instauré par l'article 43 de la loi déférée a pour objet de limiter les dépenses de l'assurance maladie et concourt par suite à préserver l'équilibre financier de la sécurité sociale qui
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Loi de financement de la sécurité sociale pour 2003
chère du même groupe la prise en charge de telles dépenses par l'assurance maladie, tant lorsqu'un médicament appartenant à ce groupe a été délivré à l'assuré conformément à une prescription libellée en dénomination commune que lorsque le pharmacien a remplacé la spécialité prescrite par une autre spécialité du même groupe dans le cadre du pouvoir de substitution qu'il tient de l'article L. 5125-23 du code de la santé publique ;16. Considérant que les dispositions nouvelles du 3° du I de l'article 43 permettent que la base de remboursement des médicaments appartenant à un même groupe générique soit limitée à un "tarif forfaitaire de responsabilité" arrêté par les ministres de la santé et de la sécurité sociale après avis du Comité économique des produits de santé institué par l'article L. 162-17-3 du code de la sécurité sociale ; que, selon les requérants, ces dispositions seraient contraires au principe d'égalité et méconnaîtraient les exigences constitutionnelles relatives à la santé ;17. Considérant que le principe d'égalité ne s'oppose pas à ce que le législateur déroge à l'égalité pour des raisons d'intérêt général dès lors que la différence de traitement qui en résulte est en rapport direct avec l'objet de la loi qui l'établit ;18. Considérant que le tarif forfaitaire de responsabilité instauré par l'article 43 de la loi déférée a pour objet de limiter les dépenses de l'assurance maladie et concourt par suite à préserver l'équilibre financier de la sécurité sociale qui
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CONSTEXT000017664594_10
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CONSTEXT000017664594
| 10 |
dd7119b46af0f3c3
|
DC
|
Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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instauré par l'article 43 de la loi déférée a pour objet de limiter les dépenses de l'assurance maladie et concourt par suite à préserver l'équilibre financier de la sécurité sociale qui constitue un objectif de valeur constitutionnelle ;19. Considérant que ce tarif conduira à rembourser de façon uniforme les patients atteints de la même affection auxquels est prescrit un médicament d'un groupe générique déterminé ; qu'ainsi, les dispositions en cause, qui n'ont pas directement pour effet de créer des différences entre assurés sociaux, ne sont pas contraires, par elles-mêmes, au principe d'égalité ;20. Considérant, toutefois, qu'en laissant à la charge du patient la partie du prix du médicament délivré excédant le tarif forfaitaire de responsabilité, les dispositions critiquées conduiront à faire varier la fraction remboursée du prix d'un médicament selon le coût de celui qui aura effectivement été délivré au sein d'un groupe générique déterminé ; que, de ce fait, l'institution du tarif forfaitaire de responsabilité peut créer, de manière indirecte, des différences entre assurés sociaux selon que ceux-ci auront ou non été en mesure de se faire prescrire ou délivrer un médicament générique ;21. Considérant qu'il appartiendra au pouvoir réglementaire de prévoir les modalités d'une information précise de l'ensemble des assurés sociaux quant aux principes généraux du nouveau système de remboursement des médicaments et quant à la possibilité de se faire prescrire ou délivrer un
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Loi de financement de la sécurité sociale pour 2003
instauré par l'article 43 de la loi déférée a pour objet de limiter les dépenses de l'assurance maladie et concourt par suite à préserver l'équilibre financier de la sécurité sociale qui constitue un objectif de valeur constitutionnelle ;19. Considérant que ce tarif conduira à rembourser de façon uniforme les patients atteints de la même affection auxquels est prescrit un médicament d'un groupe générique déterminé ; qu'ainsi, les dispositions en cause, qui n'ont pas directement pour effet de créer des différences entre assurés sociaux, ne sont pas contraires, par elles-mêmes, au principe d'égalité ;20. Considérant, toutefois, qu'en laissant à la charge du patient la partie du prix du médicament délivré excédant le tarif forfaitaire de responsabilité, les dispositions critiquées conduiront à faire varier la fraction remboursée du prix d'un médicament selon le coût de celui qui aura effectivement été délivré au sein d'un groupe générique déterminé ; que, de ce fait, l'institution du tarif forfaitaire de responsabilité peut créer, de manière indirecte, des différences entre assurés sociaux selon que ceux-ci auront ou non été en mesure de se faire prescrire ou délivrer un médicament générique ;21. Considérant qu'il appartiendra au pouvoir réglementaire de prévoir les modalités d'une information précise de l'ensemble des assurés sociaux quant aux principes généraux du nouveau système de remboursement des médicaments et quant à la possibilité de se faire prescrire ou délivrer un
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CONSTEXT000017664594_11
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CONSTEXT000017664594
| 11 |
c72135ae4ae93685
|
DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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information précise de l'ensemble des assurés sociaux quant aux principes généraux du nouveau système de remboursement des médicaments et quant à la possibilité de se faire prescrire ou délivrer un médicament dont le prix soit égal à la base de remboursement ou le plus voisin de celle-ci ; qu'il revient en outre aux autorités administratives compétentes d'accompagner la mise en oeuvre du nouveau système de remboursement par des actions de formation des professionnels de santé à l'usage des spécialités génériques, de contribuer à l'élaboration de "bonnes pratiques" en ce qui concerne la prescription de médicaments génériques par les médecins, ainsi que d'encourager l'exercice par les pharmaciens du pouvoir de substitution qu'ils détiennent en vertu de l'article L. 5125-23 du code de la santé publique ;22. Considérant, enfin, qu'il appartiendra aux auteurs de l'arrêté prévu par le deuxième alinéa de l'article L. 162-16 du code de la sécurité sociale, dans sa rédaction issue de la loi déférée, de fixer le tarif forfaitaire de responsabilité de telle sorte que ne soient pas remises en cause les exigences du onzième alinéa du Préambule de la Constitution de 1946 aux termes duquel la Nation "garantit à tous, notamment à l'enfant, à la mère et aux vieux travailleurs, la protection de la santé" ;23. Considérant que, sous ces réserves, les dispositions de l'article 43 de la loi déférée ne sont pas contraires à la Constitution ;- SUR L'ARTICLE 59:24. Considérant que l'article 59 a
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Loi de financement de la sécurité sociale pour 2003
information précise de l'ensemble des assurés sociaux quant aux principes généraux du nouveau système de remboursement des médicaments et quant à la possibilité de se faire prescrire ou délivrer un médicament dont le prix soit égal à la base de remboursement ou le plus voisin de celle-ci ; qu'il revient en outre aux autorités administratives compétentes d'accompagner la mise en oeuvre du nouveau système de remboursement par des actions de formation des professionnels de santé à l'usage des spécialités génériques, de contribuer à l'élaboration de "bonnes pratiques" en ce qui concerne la prescription de médicaments génériques par les médecins, ainsi que d'encourager l'exercice par les pharmaciens du pouvoir de substitution qu'ils détiennent en vertu de l'article L. 5125-23 du code de la santé publique ;22. Considérant, enfin, qu'il appartiendra aux auteurs de l'arrêté prévu par le deuxième alinéa de l'article L. 162-16 du code de la sécurité sociale, dans sa rédaction issue de la loi déférée, de fixer le tarif forfaitaire de responsabilité de telle sorte que ne soient pas remises en cause les exigences du onzième alinéa du Préambule de la Constitution de 1946 aux termes duquel la Nation "garantit à tous, notamment à l'enfant, à la mère et aux vieux travailleurs, la protection de la santé" ;23. Considérant que, sous ces réserves, les dispositions de l'article 43 de la loi déférée ne sont pas contraires à la Constitution ;- SUR L'ARTICLE 59:24. Considérant que l'article 59 a
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CONSTEXT000017664594_12
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CONSTEXT000017664594
| 12 |
5361198eca26e200
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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la santé" ;23. Considérant que, sous ces réserves, les dispositions de l'article 43 de la loi déférée ne sont pas contraires à la Constitution ;- SUR L'ARTICLE 59:24. Considérant que l'article 59 a pour objet de porter de 30 % à 60 % la part des dépenses du Fonds de solidarité vieillesse prise en charge par la Caisse nationale des allocations familiales au titre des majorations de pension accordées en fonction du nombre d'enfants ;25. Considérant que, dans leur mémoire complémentaire, les requérants soutiennent que cette disposition ne serait conforme ni à l'exigence d'une politique de solidarité envers les familles résultant des dixième et onzième alinéas du Préambule de la Constitution de 1946, ni au principe de l'autonomie des branches découlant du 3° du I de l'article L.O. 111-3 du code de la sécurité sociale ; qu'ils reprochent en outre à cet article de rompre l'égalité entre les familles au détriment de celles qui ont des enfants à charge et au bénéfice de celles qui en ont eu ;26. Considérant qu'aux termes du dixième alinéa du Préambule de 1946 : "La Nation assure à l'individu et à la famille les conditions nécessaires à leur développement" ; que, selon son onzième alinéa : "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. 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
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Loi de financement de la sécurité sociale pour 2003
la santé" ;23. Considérant que, sous ces réserves, les dispositions de l'article 43 de la loi déférée ne sont pas contraires à la Constitution ;- SUR L'ARTICLE 59:24. Considérant que l'article 59 a pour objet de porter de 30 % à 60 % la part des dépenses du Fonds de solidarité vieillesse prise en charge par la Caisse nationale des allocations familiales au titre des majorations de pension accordées en fonction du nombre d'enfants ;25. Considérant que, dans leur mémoire complémentaire, les requérants soutiennent que cette disposition ne serait conforme ni à l'exigence d'une politique de solidarité envers les familles résultant des dixième et onzième alinéas du Préambule de la Constitution de 1946, ni au principe de l'autonomie des branches découlant du 3° du I de l'article L.O. 111-3 du code de la sécurité sociale ; qu'ils reprochent en outre à cet article de rompre l'égalité entre les familles au détriment de celles qui ont des enfants à charge et au bénéfice de celles qui en ont eu ;26. Considérant qu'aux termes du dixième alinéa du Préambule de 1946 : "La Nation assure à l'individu et à la famille les conditions nécessaires à leur développement" ; que, selon son onzième alinéa : "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. 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
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CONSTEXT000017664594_13
|
CONSTEXT000017664594
| 13 |
7c28fc21cde7982d
|
DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
|
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" ;27. Considérant que l'existence de branches de la sécurité sociale est reconnue par l'article L.O. 111-3 du code de la sécurité sociale ; que, si l'autonomie financière des branches ne constitue pas, par elle-même, un principe de valeur constitutionnelle, le législateur ne saurait décider des transferts de ressources et de charges entre branches tels qu'ils compromettraient manifestement la réalisation de leurs objectifs et remettraient ainsi en cause tant l'existence des branches que les exigences constitutionnelles qui s'attachent à l'exercice de leurs missions ;28. Considérant, d'une part, que les majorations de pension accordées en fonction du nombre d'enfants s'analysent comme un avantage familial différé qui vise à compenser, au moment de la retraite, les conséquences financières des charges de famille ; que le transfert de charges critiqué ne méconnaît donc pas, par lui-même, le principe d'autonomie de la branche famille ;29. Considérant, d'autre part, qu'eu égard au montant du transfert de charges critiqué, qui ne représente qu'un faible pourcentage de l'ensemble des dépenses de la branche famille prévues au titre de l'objectif fixé par l'article 60, l'article 59 ne remet pas en cause
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Loi de financement de la sécurité sociale pour 2003
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" ;27. Considérant que l'existence de branches de la sécurité sociale est reconnue par l'article L.O. 111-3 du code de la sécurité sociale ; que, si l'autonomie financière des branches ne constitue pas, par elle-même, un principe de valeur constitutionnelle, le législateur ne saurait décider des transferts de ressources et de charges entre branches tels qu'ils compromettraient manifestement la réalisation de leurs objectifs et remettraient ainsi en cause tant l'existence des branches que les exigences constitutionnelles qui s'attachent à l'exercice de leurs missions ;28. Considérant, d'une part, que les majorations de pension accordées en fonction du nombre d'enfants s'analysent comme un avantage familial différé qui vise à compenser, au moment de la retraite, les conséquences financières des charges de famille ; que le transfert de charges critiqué ne méconnaît donc pas, par lui-même, le principe d'autonomie de la branche famille ;29. Considérant, d'autre part, qu'eu égard au montant du transfert de charges critiqué, qui ne représente qu'un faible pourcentage de l'ensemble des dépenses de la branche famille prévues au titre de l'objectif fixé par l'article 60, l'article 59 ne remet pas en cause
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CONSTEXT000017664594_14
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CONSTEXT000017664594
| 14 |
b18ac340942170ce
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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charges critiqué, qui ne représente qu'un faible pourcentage de l'ensemble des dépenses de la branche famille prévues au titre de l'objectif fixé par l'article 60, l'article 59 ne remet pas en cause les exigences constitutionnelles qui s'attachent, en vertu du Préambule de la Constitution de 1946, à l'exercice des missions de cette branche et ne porte pas non plus atteinte à l'égalité entre familles selon qu'elles élèvent des enfants ou qu'elles l'ont fait dans le passé ;30. Considérant qu'il résulte de tout ce qui précède que les griefs dirigés contre l'article 59 doivent être écartés ;- SUR LA PRÉSENCE DE CERTAINES DISPOSITIONS DANS LA LOI DÉFÉRÉE :31. Considérant que les députés auteurs de la saisine font grief aux dispositions des articles 2, 7, 31, 42 et 56, ainsi que du II de l'article 23, d'être étrangères au domaine des lois de financement de la sécurité sociale ;32. Considérant qu'aux termes du dix-neuvième alinéa de l'article 34 de la Constitution : "Les lois de financement de la sécurité sociale déterminent les conditions générales de son équilibre financier et, compte tenu de leurs prévisions de recettes, fixent ses objectifs de dépenses, dans les conditions et sous les réserves prévues par une loi organique" ; que le premier alinéa de l'article 47-1 dispose : "Le Parlement vote les projets de loi de financement de la sécurité sociale dans les conditions prévues par une loi organique" ;33. Considérant qu'aux termes du I de l'article L.O. 111-3 du code de la
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Loi de financement de la sécurité sociale pour 2003
charges critiqué, qui ne représente qu'un faible pourcentage de l'ensemble des dépenses de la branche famille prévues au titre de l'objectif fixé par l'article 60, l'article 59 ne remet pas en cause les exigences constitutionnelles qui s'attachent, en vertu du Préambule de la Constitution de 1946, à l'exercice des missions de cette branche et ne porte pas non plus atteinte à l'égalité entre familles selon qu'elles élèvent des enfants ou qu'elles l'ont fait dans le passé ;30. Considérant qu'il résulte de tout ce qui précède que les griefs dirigés contre l'article 59 doivent être écartés ;- SUR LA PRÉSENCE DE CERTAINES DISPOSITIONS DANS LA LOI DÉFÉRÉE :31. Considérant que les députés auteurs de la saisine font grief aux dispositions des articles 2, 7, 31, 42 et 56, ainsi que du II de l'article 23, d'être étrangères au domaine des lois de financement de la sécurité sociale ;32. Considérant qu'aux termes du dix-neuvième alinéa de l'article 34 de la Constitution : "Les lois de financement de la sécurité sociale déterminent les conditions générales de son équilibre financier et, compte tenu de leurs prévisions de recettes, fixent ses objectifs de dépenses, dans les conditions et sous les réserves prévues par une loi organique" ; que le premier alinéa de l'article 47-1 dispose : "Le Parlement vote les projets de loi de financement de la sécurité sociale dans les conditions prévues par une loi organique" ;33. Considérant qu'aux termes du I de l'article L.O. 111-3 du code de la
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CONSTEXT000017664594_15
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CONSTEXT000017664594
| 15 |
ab26f8b546c969a1
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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Parlement vote les projets de loi de financement de la sécurité sociale dans les conditions prévues par une loi organique" ;33. Considérant qu'aux termes du I de l'article L.O. 111-3 du code de la sécurité sociale, dans sa rédaction issue de la loi du 22 juillet 1996 susvisée, qui constitue la loi organique prévue par les articles 34 et 47-1 de la Constitution :"Chaque année, la loi de financement de la sécurité sociale :"1° Approuve les orientations de la politique de santé et de sécurité sociale et les objectifs qui déterminent les conditions générales de l'équilibre financier de la sécurité sociale ;"2° Prévoit, par catégorie, les recettes de l'ensemble des régimes obligatoires de base et des organismes créés pour concourir à leur financement ;"3° Fixe, par branche, les objectifs de dépenses de l'ensemble des régimes obligatoires de base comptant plus de vingt mille cotisants actifs ou retraités titulaires de droits propres ;"4° Fixe, pour l'ensemble des régimes obligatoires de base, l'objectif national de dépenses d'assurance maladie ;"5° Fixe, pour chacun des régimes obligatoires de base visés au 3° ou des organismes ayant pour mission de concourir à leur financement qui peuvent légalement recourir à des ressources non permanentes, les limites dans lesquelles ses besoins de trésorerie peuvent être couverts par de telles ressources" ;34. Considérant que le III du même article dispose en son premier alinéa : "Outre celles prévues au I, les lois de financement de la
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Loi de financement de la sécurité sociale pour 2003
Parlement vote les projets de loi de financement de la sécurité sociale dans les conditions prévues par une loi organique" ;33. Considérant qu'aux termes du I de l'article L.O. 111-3 du code de la sécurité sociale, dans sa rédaction issue de la loi du 22 juillet 1996 susvisée, qui constitue la loi organique prévue par les articles 34 et 47-1 de la Constitution :"Chaque année, la loi de financement de la sécurité sociale :"1° Approuve les orientations de la politique de santé et de sécurité sociale et les objectifs qui déterminent les conditions générales de l'équilibre financier de la sécurité sociale ;"2° Prévoit, par catégorie, les recettes de l'ensemble des régimes obligatoires de base et des organismes créés pour concourir à leur financement ;"3° Fixe, par branche, les objectifs de dépenses de l'ensemble des régimes obligatoires de base comptant plus de vingt mille cotisants actifs ou retraités titulaires de droits propres ;"4° Fixe, pour l'ensemble des régimes obligatoires de base, l'objectif national de dépenses d'assurance maladie ;"5° Fixe, pour chacun des régimes obligatoires de base visés au 3° ou des organismes ayant pour mission de concourir à leur financement qui peuvent légalement recourir à des ressources non permanentes, les limites dans lesquelles ses besoins de trésorerie peuvent être couverts par de telles ressources" ;34. Considérant que le III du même article dispose en son premier alinéa : "Outre celles prévues au I, les lois de financement de la
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CONSTEXT000017664594_16
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CONSTEXT000017664594
| 16 |
c65d420f7fdbc6ba
|
DC
|
Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
|
de trésorerie peuvent être couverts par de telles ressources" ;34. Considérant que le III du même article dispose en son premier alinéa : "Outre celles prévues au I, les lois de financement de la sécurité sociale ne peuvent comporter que des dispositions affectant directement l'équilibre financier des régimes obligatoires de base ou améliorant le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale" ;En ce qui concerne l'article 2 :35. Considérant que l'article 2 de la loi déférée complète l'ordonnance n° 58-1100 du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires en créant une délégation parlementaire dénommée "Office parlementaire d'évaluation des politiques de santé" ; qu'en vertu des termes mêmes de l'article contesté, cette nouvelle délégation a pour mission d'informer le Parlement des conséquences des choix de santé publique "afin de contribuer au suivi des lois de financement de la sécurité sociale" ; qu'ainsi, les dispositions de l'article 2 ne sont pas étrangères au domaine ouvert aux lois de financement de la sécurité sociale par le III de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne les articles 7 et 31 :36. Considérant qu'aux termes de l'article 7 de la loi déférée : "Le Gouvernement transmet chaque année au Parlement, au plus tard le 15 octobre, un rapport analysant l'évolution, au regard des besoins de santé, des soins financés au titre de l'objectif national de dépenses
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Loi de financement de la sécurité sociale pour 2003
de trésorerie peuvent être couverts par de telles ressources" ;34. Considérant que le III du même article dispose en son premier alinéa : "Outre celles prévues au I, les lois de financement de la sécurité sociale ne peuvent comporter que des dispositions affectant directement l'équilibre financier des régimes obligatoires de base ou améliorant le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale" ;En ce qui concerne l'article 2 :35. Considérant que l'article 2 de la loi déférée complète l'ordonnance n° 58-1100 du 17 novembre 1958 relative au fonctionnement des assemblées parlementaires en créant une délégation parlementaire dénommée "Office parlementaire d'évaluation des politiques de santé" ; qu'en vertu des termes mêmes de l'article contesté, cette nouvelle délégation a pour mission d'informer le Parlement des conséquences des choix de santé publique "afin de contribuer au suivi des lois de financement de la sécurité sociale" ; qu'ainsi, les dispositions de l'article 2 ne sont pas étrangères au domaine ouvert aux lois de financement de la sécurité sociale par le III de l'article L.O. 111-3 du code de la sécurité sociale ;En ce qui concerne les articles 7 et 31 :36. Considérant qu'aux termes de l'article 7 de la loi déférée : "Le Gouvernement transmet chaque année au Parlement, au plus tard le 15 octobre, un rapport analysant l'évolution, au regard des besoins de santé, des soins financés au titre de l'objectif national de dépenses
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CONSTEXT000017664594_17
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CONSTEXT000017664594
| 17 |
c15667cefd8b7389
|
DC
|
Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
|
transmet chaque année au Parlement, au plus tard le 15 octobre, un rapport analysant l'évolution, au regard des besoins de santé, des soins financés au titre de l'objectif national de dépenses d'assurance maladie" ; qu'en vertu du premier alinéa de son article 31 : "Lorsqu'il agrée ou approuve les accords, conventions, annexes et avenants mentionnés aux articles L. 162-1-13, L. 162-14-1 et L. 162-14-2 du code de la sécurité sociale, le ministre chargé de la sécurité sociale adresse aux commissions compétentes du Parlement un rapport sur la cohérence de ces accords, conventions, annexes et avenants avec l'objectif prévu au 4° du I de l'article L.O. 111-3 dudit code" ;37. Considérant, en premier lieu, que les rapports dont il s'agit ne doivent être ni annexés au projet de loi de financement de la sécurité sociale, ni nécessairement déposés en même temps que lui ; qu'ainsi, les articles 7 et 31 ne méconnaissent pas les prescriptions du premier alinéa de l'article 47-1 de la Constitution qui réservent à la loi organique le soin de déterminer les conditions dans lesquelles le Parlement vote la loi de financement de la sécurité sociale ;38. Considérant, en second lieu, qu'il résulte de l'objet même de ces rapports que les dispositions critiquées tendent à améliorer le contrôle par le Parlement de l'application des lois de financement de la sécurité sociale ; qu'elles trouvent dès lors leur place dans la loi déférée en vertu du III de l'article L.O. 111-3 du code de la sécurité
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Loi de financement de la sécurité sociale pour 2003
transmet chaque année au Parlement, au plus tard le 15 octobre, un rapport analysant l'évolution, au regard des besoins de santé, des soins financés au titre de l'objectif national de dépenses d'assurance maladie" ; qu'en vertu du premier alinéa de son article 31 : "Lorsqu'il agrée ou approuve les accords, conventions, annexes et avenants mentionnés aux articles L. 162-1-13, L. 162-14-1 et L. 162-14-2 du code de la sécurité sociale, le ministre chargé de la sécurité sociale adresse aux commissions compétentes du Parlement un rapport sur la cohérence de ces accords, conventions, annexes et avenants avec l'objectif prévu au 4° du I de l'article L.O. 111-3 dudit code" ;37. Considérant, en premier lieu, que les rapports dont il s'agit ne doivent être ni annexés au projet de loi de financement de la sécurité sociale, ni nécessairement déposés en même temps que lui ; qu'ainsi, les articles 7 et 31 ne méconnaissent pas les prescriptions du premier alinéa de l'article 47-1 de la Constitution qui réservent à la loi organique le soin de déterminer les conditions dans lesquelles le Parlement vote la loi de financement de la sécurité sociale ;38. Considérant, en second lieu, qu'il résulte de l'objet même de ces rapports que les dispositions critiquées tendent à améliorer le contrôle par le Parlement de l'application des lois de financement de la sécurité sociale ; qu'elles trouvent dès lors leur place dans la loi déférée en vertu du III de l'article L.O. 111-3 du code de la sécurité
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CONSTEXT000017664594_18
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CONSTEXT000017664594
| 18 |
7bb70a06f1dd4928
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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le Parlement de l'application des lois de financement de la sécurité sociale ; qu'elles trouvent dès lors leur place dans la loi déférée en vertu du III de l'article L.O. 111-3 du code de la sécurité sociale ; qu'il n'en est pas de même, en revanche, du second alinéa de l'article 31 aux termes duquel : "Copie de ce rapport est adressée au conseil de surveillance de la Caisse nationale de l'assurance maladie des travailleurs salariés" ; que cet alinéa doit être déclaré contraire à la Constitution ;En ce qui concerne l'article 23 :39. Considérant que le I de l'article 23 de la loi déférée complète les missions du Fonds pour la modernisation des établissements de santé en le chargeant de financer des audits de la gestion et de l'organisation de l'ensemble des activités des établissements de santé ; qu'il prévoit que des recommandations de gestion hospitalière seront élaborées à partir des résultats des audits et diffusées auprès de ces établissements ; que, par ces dispositions, le législateur a entendu améliorer la gestion et l'organisation des hôpitaux ; que les effets attendus de ces audits seront de nature à influer de façon significative sur l'équilibre général de l'assurance maladie ; qu'ainsi, le I de l'article 23 n'est pas étranger au domaine des lois de financement de la sécurité sociale tel qu'il est fixé par le III de l'article L.O. 111-3 du code de la sécurité sociale ;40. Considérant qu'en excluant du droit à communication institué par la loi du 17 juillet 1978
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Loi de financement de la sécurité sociale pour 2003
le Parlement de l'application des lois de financement de la sécurité sociale ; qu'elles trouvent dès lors leur place dans la loi déférée en vertu du III de l'article L.O. 111-3 du code de la sécurité sociale ; qu'il n'en est pas de même, en revanche, du second alinéa de l'article 31 aux termes duquel : "Copie de ce rapport est adressée au conseil de surveillance de la Caisse nationale de l'assurance maladie des travailleurs salariés" ; que cet alinéa doit être déclaré contraire à la Constitution ;En ce qui concerne l'article 23 :39. Considérant que le I de l'article 23 de la loi déférée complète les missions du Fonds pour la modernisation des établissements de santé en le chargeant de financer des audits de la gestion et de l'organisation de l'ensemble des activités des établissements de santé ; qu'il prévoit que des recommandations de gestion hospitalière seront élaborées à partir des résultats des audits et diffusées auprès de ces établissements ; que, par ces dispositions, le législateur a entendu améliorer la gestion et l'organisation des hôpitaux ; que les effets attendus de ces audits seront de nature à influer de façon significative sur l'équilibre général de l'assurance maladie ; qu'ainsi, le I de l'article 23 n'est pas étranger au domaine des lois de financement de la sécurité sociale tel qu'il est fixé par le III de l'article L.O. 111-3 du code de la sécurité sociale ;40. Considérant qu'en excluant du droit à communication institué par la loi du 17 juillet 1978
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CONSTEXT000017664594_19
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CONSTEXT000017664594
| 19 |
742d85d42d6bc503
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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sécurité sociale tel qu'il est fixé par le III de l'article L.O. 111-3 du code de la sécurité sociale ;40. Considérant qu'en excluant du droit à communication institué par la loi du 17 juillet 1978 susvisée les rapports d'audit mentionnés ci-dessus, le II de l'article 23 tend à assurer la confidentialité et, par suite, la sincérité et la qualité de ces rapports ; qu'il est donc inséparable du I ; qu'il s'ensuit que les requérants ne sont pas fondés à soutenir qu'il ne trouve pas sa place dans la loi déférée ;En ce qui concerne l'article 42 :41. Considérant que l'article 42 de la loi de financement a pour objet de reporter du 31 décembre 2003 au 31 décembre 2006 l'échéance avant laquelle doivent être conclues les "conventions tripartites" prévues à l'article L. 313-12 du code de l'action sociale et des familles et dont seulement un dixième environ a été signé à ce jour ; qu'il aura pour effet d'étaler sur trois années supplémentaires la progression des charges incombant à l'assurance maladie en raison de la médicalisation des établissements hébergeant des personnes âgées dépendantes ; que, par son impact sur l'équilibre du financement de l'assurance maladie en 2003, il entre dans le champ de compétence de la loi de financement de la sécurité sociale ;En ce qui concerne l'article 56 :42. Considérant que l'article 56 comporte trois séries de dispositions relatives à la branche "accidents du travail et maladies professionnelles" du régime général de la sécurité sociale ; que
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Loi de financement de la sécurité sociale pour 2003
sécurité sociale tel qu'il est fixé par le III de l'article L.O. 111-3 du code de la sécurité sociale ;40. Considérant qu'en excluant du droit à communication institué par la loi du 17 juillet 1978 susvisée les rapports d'audit mentionnés ci-dessus, le II de l'article 23 tend à assurer la confidentialité et, par suite, la sincérité et la qualité de ces rapports ; qu'il est donc inséparable du I ; qu'il s'ensuit que les requérants ne sont pas fondés à soutenir qu'il ne trouve pas sa place dans la loi déférée ;En ce qui concerne l'article 42 :41. Considérant que l'article 42 de la loi de financement a pour objet de reporter du 31 décembre 2003 au 31 décembre 2006 l'échéance avant laquelle doivent être conclues les "conventions tripartites" prévues à l'article L. 313-12 du code de l'action sociale et des familles et dont seulement un dixième environ a été signé à ce jour ; qu'il aura pour effet d'étaler sur trois années supplémentaires la progression des charges incombant à l'assurance maladie en raison de la médicalisation des établissements hébergeant des personnes âgées dépendantes ; que, par son impact sur l'équilibre du financement de l'assurance maladie en 2003, il entre dans le champ de compétence de la loi de financement de la sécurité sociale ;En ce qui concerne l'article 56 :42. Considérant que l'article 56 comporte trois séries de dispositions relatives à la branche "accidents du travail et maladies professionnelles" du régime général de la sécurité sociale ; que
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CONSTEXT000017664594_20
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CONSTEXT000017664594
| 20 |
46c7e67852b50d2b
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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56 :42. Considérant que l'article 56 comporte trois séries de dispositions relatives à la branche "accidents du travail et maladies professionnelles" du régime général de la sécurité sociale ; que chacune de ces trois séries de dispositions est séparable des deux autres ;43. Considérant que les IV, V et VI de l'article 56 tendent à doter cette branche d'une "convention d'objectifs et de gestion" ; que, par leur objet et leurs effets attendus, ces dispositions sont de nature à affecter de façon significative l'équilibre financier du régime général ;44. Considérant que le VII du même article institue, pour la branche, un conseil de surveillance dont le président et plusieurs membres sont des parlementaires en application de l'article L. 228-1 du code de la sécurité sociale ; qu'il concourt ainsi à améliorer le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ;45. Considérant, en revanche, que le II du même article prévoit que les membres de la commission des accidents du travail et maladies professionnelles, choisis jusqu'alors par les membres du conseil d'administration de la Caisse nationale d'assurance maladie des travailleurs salariés, seront désormais directement désignés par les organisations professionnelles et syndicales représentatives ; que ces dispositions, ainsi que celles du I et du III qui en sont indissociables, n'ont pour effet ni d'affecter directement l'équilibre financier du régime général, ni d'améliorer le contrôle du
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Loi de financement de la sécurité sociale pour 2003
56 :42. Considérant que l'article 56 comporte trois séries de dispositions relatives à la branche "accidents du travail et maladies professionnelles" du régime général de la sécurité sociale ; que chacune de ces trois séries de dispositions est séparable des deux autres ;43. Considérant que les IV, V et VI de l'article 56 tendent à doter cette branche d'une "convention d'objectifs et de gestion" ; que, par leur objet et leurs effets attendus, ces dispositions sont de nature à affecter de façon significative l'équilibre financier du régime général ;44. Considérant que le VII du même article institue, pour la branche, un conseil de surveillance dont le président et plusieurs membres sont des parlementaires en application de l'article L. 228-1 du code de la sécurité sociale ; qu'il concourt ainsi à améliorer le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ;45. Considérant, en revanche, que le II du même article prévoit que les membres de la commission des accidents du travail et maladies professionnelles, choisis jusqu'alors par les membres du conseil d'administration de la Caisse nationale d'assurance maladie des travailleurs salariés, seront désormais directement désignés par les organisations professionnelles et syndicales représentatives ; que ces dispositions, ainsi que celles du I et du III qui en sont indissociables, n'ont pour effet ni d'affecter directement l'équilibre financier du régime général, ni d'améliorer le contrôle du
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CONSTEXT000017664594_21
|
CONSTEXT000017664594
| 21 |
5081d3baeb2b52e0
|
DC
|
Non conformité partielle - réserve
|
Loi de financement de la sécurité sociale pour 2003
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2002-463
|
2002-12-12
|
; que ces dispositions, ainsi que celles du I et du III qui en sont indissociables, n'ont pour effet ni d'affecter directement l'équilibre financier du régime général, ni d'améliorer le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ; que, par suite, elles ne peuvent figurer dans une telle loi et doivent être déclarées non conformes à la Constitution ;En ce qui concerne les articles 28, 30 et 32 :46. Considérant que l'article 28 de la loi déférée permet aux praticiens hospitaliers exerçant une activité libérale à l'hôpital de percevoir leurs honoraires "directement" et non plus seulement "par l'intermédiaire de l'administration de l'hôpital" ; que l'article 30 substitue, au chapitre II du titre VI du livre Ier du code de la sécurité sociale, l'appellation "contrats de pratique professionnelle" à celle de "contrats de bonne pratique" ; que l'article 32 change la dénomination du service du contrôle médical de l'assurance maladie et redéfinit ses missions sans en modifier la substance ;47. Considérant qu'aucune de ces dispositions n'affecte de manière significative l'équilibre financier des régimes obligatoires de base de la sécurité sociale ; qu'aucune d'entre elles n'améliore non plus le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ; que, par suite, elles doivent être déclarées non conformes à la Constitution comme étrangères au domaine des lois de financement de la sécurité sociale ;48.
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Loi de financement de la sécurité sociale pour 2003
; que ces dispositions, ainsi que celles du I et du III qui en sont indissociables, n'ont pour effet ni d'affecter directement l'équilibre financier du régime général, ni d'améliorer le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ; que, par suite, elles ne peuvent figurer dans une telle loi et doivent être déclarées non conformes à la Constitution ;En ce qui concerne les articles 28, 30 et 32 :46. Considérant que l'article 28 de la loi déférée permet aux praticiens hospitaliers exerçant une activité libérale à l'hôpital de percevoir leurs honoraires "directement" et non plus seulement "par l'intermédiaire de l'administration de l'hôpital" ; que l'article 30 substitue, au chapitre II du titre VI du livre Ier du code de la sécurité sociale, l'appellation "contrats de pratique professionnelle" à celle de "contrats de bonne pratique" ; que l'article 32 change la dénomination du service du contrôle médical de l'assurance maladie et redéfinit ses missions sans en modifier la substance ;47. Considérant qu'aucune de ces dispositions n'affecte de manière significative l'équilibre financier des régimes obligatoires de base de la sécurité sociale ; qu'aucune d'entre elles n'améliore non plus le contrôle du Parlement sur l'application des lois de financement de la sécurité sociale ; que, par suite, elles doivent être déclarées non conformes à la Constitution comme étrangères au domaine des lois de financement de la sécurité sociale ;48.
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CONSTEXT000017664594_22
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CONSTEXT000017664594
| 22 |
056702a47b469d07
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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de financement de la sécurité sociale ; que, par suite, elles doivent être déclarées non conformes à la Constitution comme étrangères au domaine des lois de financement de la sécurité sociale ;48. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune autre question de conformité à la Constitution,
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Loi de financement de la sécurité sociale pour 2003
de financement de la sécurité sociale ; que, par suite, elles doivent être déclarées non conformes à la Constitution comme étrangères au domaine des lois de financement de la sécurité sociale ;48. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune autre question de conformité à la Constitution,
|
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CONSTEXT000017664594_23
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CONSTEXT000017664594
| 23 |
fad50377f9e4bb15
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DC
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Non conformité partielle - réserve
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Loi de financement de la sécurité sociale pour 2003
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2002-463
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2002-12-12
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Décide :Article premier :Sont déclarés contraires à la Constitution les articles 28, 30 et 32 de la loi de financement de la sécurité sociale pour 2003, ainsi que le second alinéa de son article 31 et les I, II et III de son article 56.Article 2 :L'article 43 de la même loi est déclaré conforme à la Constitution sous les réserves énoncées aux considérants 21 et 22.Article 3 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 12 décembre 2002, où siégeaient : MM. Yves GUÉNA, Président, Michel AMELLER, Jean-Claude COLLIARD, Olivier DUTHEILLET de LAMOTHE, Pierre JOXE, Pierre MAZEAUD, Mmes Monique PELLETIER, Dominique SCHNAPPER et Simone VEIL.
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Loi de financement de la sécurité sociale pour 2003
Décide :Article premier :Sont déclarés contraires à la Constitution les articles 28, 30 et 32 de la loi de financement de la sécurité sociale pour 2003, ainsi que le second alinéa de son article 31 et les I, II et III de son article 56.Article 2 :L'article 43 de la même loi est déclaré conforme à la Constitution sous les réserves énoncées aux considérants 21 et 22.Article 3 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 12 décembre 2002, où siégeaient : MM. Yves GUÉNA, Président, Michel AMELLER, Jean-Claude COLLIARD, Olivier DUTHEILLET de LAMOTHE, Pierre JOXE, Pierre MAZEAUD, Mmes Monique PELLETIER, Dominique SCHNAPPER et Simone VEIL.
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