The Constituionality Of Legal Acts Of The European Union And International Law With Special Reference To The Constitutional Council In France Cover Image

Ustavnost pravnih akata Evropske unije i međunarodnog prava sa posebnim osvrtom na Ustavni savet Francuske
The Constituionality Of Legal Acts Of The European Union And International Law With Special Reference To The Constitutional Council In France

Author(s): Oliver P. Nikolić
Subject(s): Constitutional Law, International Law, Electoral systems, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: Constitutional Council; Constitutionality; Constitution; France; European Union;

Summary/Abstract: In the first part of the article there is provided an explanation of the mode of establishing the constitutionality of legal acts of the European Union and international treaties and agreements. Each unconstitutionality of international treaties and agreements consequently leads to the mandatory change in the Constitution of the Republic of France, and therefore neither any act of the European Union, any international treaty or agreement will be ratified, i.e. approved, nor will have legal effect in the national law until fully in line with the Constitution. President of the Republic, the prime minister, the president of one of the Houses of Parliament or 60 MP, i.e. senators are all entitled to ask from the Constitutional Council to conduct the control of the constitutionality of international acts. The second part of the article presents the institution of the Constitutional Council, certainly one of the most influential institutions of the French legal system, starting from the historical development, across the Council organization to its jurisdiction. Along with its principal jurisdiction, the control of the constitutionality of the law which means the appraisal of the constitutionality of organic and common laws, rules of procedure of the Parliament, international treaties and agreements, the Constitutional Council has also a duty to monitor parliamentary and presidential elections as well as referendums.

  • Issue Year: 2012
  • Issue No: 2
  • Page Range: 7-19
  • Page Count: 13
  • Language: Serbian