Decision No. 2017-691 priority matter of constitutionality, Feb.16, 2018 (Mr. XX).
- 2018
- France
Topics
Public securityLegal bases
France: Interior Security Code (Code de la sécurité intérieure) of 2012Courts
Constitutional Council (Conseil constitutionnel), FranceLaws
Right to Liberty Security and public orderFacts
Lawyers, on behalf of Mr. XX, under house arrest for the purpose of combating terrorism, oppose this measure.
Legal grounds
Compliance with the rights and freedoms guaranteed by the Constitution "of the provisions of articles L. 228-1 et seq. of the Interior Security Code in so far as they do not provide for any special regime for individual administrative control and supervision measures that may be taken against persons who have been subject to long-term house arrest measures on the basis of 3 April 1955 law".
Findings
The following are inconsistent with the Constitution: - the words "on the basis of Article L. 521-2 of the Code of Administrative Justice" in Article L. 228-2 of the Code of Interior Security, as amended by Act No. 2017-1510 of 30 October 2017 strengthening domestic security and the fight against terrorism; - the words "within one month" in the same article, in the same wording. Subject to the reservations set out, the rest of Article L. 228-2 of the Interior Security Code, in the same wording, is in accordance with the Constitution.