Dr Marie-Luce Paris, University College Dublin

1. ANU Centre for European Studies New Constitutional Review in France: How Does the French Constitution Finally Speak to its People – or Does It? Dr Marie-Luce Paris, University College Dublin

2. New Constitutional Review in France • If, during proceedings in progress before a court of law, it is claimed that a statutory provision infringes the rights and freedoms guaranteed by the Constitution, the matter may be referred by the Conseild’État or by the Cour de Cassation to the Constitutional Council, within a determined period. An Institutional Act shall determine the conditions for the application of the present article (Article 61-1 1958 Constitution)

3. New Constitutional Review in France Application for a Priority Preliminary Ruling on the Issue of Constitutionality Question Prioritaire de Constitutionnalité or QPC 3

4. New Constitutional Review in France Introduction French Constitutional Law Background Constitutionality Review v. Conventionality Review: The Priority Feature QPC and EU Law: The Supremacy Challenge Example of a QPC Decision: Decision No.2010-92 January 28, 2011 (same-sex marriage) Conclusion 4

5. New Constitutional Review in France Article 267 TFEU does not preclude Member State legislation which establishes an interlocutory procedure for the review of the constitutionality of national laws, in so far as the other national courts or tribunals remain free to Refer to the Court of Justice for a PR at whatever stage of the proceedings; To adopt any measure necessary to ensure provisional judicial protection of the rights conferred under the European legal order; To set aside at the end of such procedure the national legislative provision at issue if they consider it contrary to EU Law. (Joint Cases C-188/10 & C-189/10 Melki & Abdeli) 5