History information. How the role of the Constitutional Council has evolved since its creation

Born with the constitution of the Fifth Republic in 1958, the Constitutional Council has today become a true French-style supreme court. It was initially designed to defend the executive against possible encroachments by parliamentarians, accustomed to enjoying their omnipotence under the Fourth Republic. Its first presidents, like Léon Noël or Gaston Palewski, were historic Gaullists. But with the decision of President Giscard d’Estaing to extend the referral to the council to 60 deputies or senators, the role of this body has changed. Henceforth, the parliamentary opposition could use its right to slow down the march of power.

The creation of QPCs, a major development in 2008

Then the Council knew eminent figures, such as Robert Badinter who stayed there for nine years. But the most active remains Jean-Louis Debré, who profoundly changed the role of the council, after the 2008 reform founding the priority question of constitutionality (QPC). With this change desired by Nicolas Sarkozy, the Council controls the Court of Cassation and the Council of State. Debré, a former magistrate, created the procedure and opened the QPC hearings to the public, while keeping the deliberations secret. Already, he criticized the existence of members of right in the council, the former presidents of the Republic. Because according to him, this jurisdiction often had to take into account measures adopted by a president…

Today, the Constitutional Council is well at the top of the French jurisdictions and the number of its decisions has multiplied by almost a hundred compared to its beginnings. Its neutrality is sometimes called into question, because its method of appointment remains political: its members are appointed by the President of the National Assembly, the Senate and, of course, by the President of the Republic. Rare are the magistrates who appear there, whereas the courts of other great democracies like the United States privilege them. It will probably be necessary one day to move in this direction to put an end to the deleterious suspicions of bias.