The Constitutional Council

Avocats aux Conseils

The Constitutional Council

Fundamental freedoms have taken off spectacularly in present-day litigation practice. Initially limited to criminal law, they now concern all sectors of law, including business litigation.

A question prioritaire de constitutionnalité (QPC) (application for a priority preliminary ruling on the issue of constitutionality) is one of the means of invoking fundamental freedoms in a trial. It is a means of getting the judge to prevent the application of a law because it is contrary to a freedom guaranteed by the Constitution.

The firm intervenes at all stages of the QPC. In the first instance and on appeal, it assists the client and the client’s lawyer in the drafting of the pleading.

Both before the Court of cassation and before theConseil d’Etat, it can file a QPC even if it has not been raised before the court of appeal.

And of course, Boucard & Maman drafts the pleading and pleads before the Constitutional Council.