THE FRENCH CONSTITUTIONAL JUDGE FACING TAX JUSTICE. THE APPLICATION OF CONSTITUTIONAL STANDARDS Cover Image

LE JUGE CONSTITUTIONNEL FRANÇAIS FACE À LA JUSTICE FISCALE. L’APPLICATION DES NORMES CONSTITUTIONNELLES
THE FRENCH CONSTITUTIONAL JUDGE FACING TAX JUSTICE. THE APPLICATION OF CONSTITUTIONAL STANDARDS

Author(s): Éric Oliva
Subject(s): Constitutional Law, Law on Economics, Fiscal Politics / Budgeting
Published by: INSTITUT LOUIS FAVOREU
Keywords: France; French constitutional judge; tax justice; principle of equality; procedural tax justice; substantive tax justice;

Summary/Abstract: The article traces the balancing by the French constitutional judge of tax requirements and fundamental rights enshrined in the French Constitution. Thus, the author establishes a distinction necessary for his study between procedural tax justice, resulting from formal democracy and ensuring the establishment of the tax by the constitutional judge, as he is expressly authorized within the framework of his competence, and substantive tax justice, based on the content of the tax, put into perspective with the principles of equality and equity.

  • Issue Year: 2024
  • Issue No: 38
  • Page Range: 35-55
  • Page Count: 21
  • Language: French
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