- Constitutional Council (France)
- EMB : Conseil constitutionnel
- Website : https://www.conseil-constitutionnel.fr/en
- Join : 2013
- EMB Information
· Date of formation : 1958
· Number of staff at EMB : The Council is made up of former Presidents of the Republic who have chosen to sit in the Council (which they may not do if they become directly involved in politics again) and nine other members who serve non-renewable terms of nine years, one third of whom are appointed every three years, three each by the President of the Republic, the President of the National Assembly and the President of the Senate.The President of the Constitutional Council is selected by the President of the Republic for a term of nine years. If the position becomes vacant, the oldest member becomes interim president.
· Main functions of EMB
1. The first is the supervision of elections, both presidential and parliamentary, and ensuring the legitimacy of referendums (Articles 58, 59 and 60). They issue the official results, ensure proper conduct and fairness, and see that campaign spending limits are adhered to. The Council is the supreme authority in these matters. The Council can declare an election to be invalid if improperly conducted, the winning candidate used illegal methods, or the winning candidate spent more than the legal limits for the campaign.
2. The second area of Council power is the interpretation of the fundamental meanings of the constitution, procedure, legislation, and treaties. The Council can declare dispositions of laws to be contrary to the Constitution of France or to the principles of constitutional value that it has deduced from the Constitution or from the Declaration of the Rights of Man and of the Citizen. It also may declare laws to be in contravention of treaties that France has signed, such as the European Convention on Human Rights. Their declaring that a law is contrary to constitutional or treaty principles renders it invalid. The Council also may impose reservations as to the 39 interpretation of certain provisions in statutes. The decisions of the Council are binding on all authorities.