Opposition MPs referred certain elements of the geolocation l to the CC on constitutionality.

France 2014 Public security France: Code of Criminal Procedure (Code de procédure pénale) France: Declaration of the Rights of Man and of the Citizen of 1789 (Déclaration des droits de l’homme et du citoyen de 1789) Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life Right to property

On 31 October 2014 the Constitutional Council received an application for a Priority matter of constitutionality by the Conseil d'État (decision no. 383664 of 31 October 2014) on behalf of Mr. XX, raising the conformity of Article 25(1) and Article 25-1 of the Civil Code (stipulating as one of the grounds for repeal of citizenship, the conviction of the individual "for an act considered as a crime or offence amounting to an attack against the...

France 2015 Public security France: Civil Code (Code civil des Français) of 1804 Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life

The Constitutional Council has been asked by 60 MPs to rule on the conformity with civil rights of a bill.

France 2015 Public security France: Interior Security Code (Code de la sécurité intérieure) of 2012 Constitutional Council (Conseil constitutionnel), France Right to a fair trial Right to an effective remedy Right to respect for private and family life

On 9 December 2015, the Council of State referred to the Constitutional Council a Priority matter of constitutionality relating to conformity with the rights and freedoms guaranteed by the Constitution of Articles L. 562-1 and L. 562-2 of the Monetary and Financial Code.

France 2016 Public security France: Monetary and Financial Code (Code monétaire et financier) Constitutional Council (Conseil constitutionnel), France Right to property

The Constitutional Council was seized on 24 February 2016 by the Conseil d'Etat (decision No. 395126 of the same day) of a priority constitutionality matter. This question was asked on behalf of the French section of the International Prison Observatory. The applicant association claimed that the provisions infringed the right to an effective judicial appeal, the right to have a normal family life and the right to respect for private life. It...

France 2016 Public security France: Code of Criminal Procedure (Code de procédure pénale) France: Prisons Act No. 2009-1436 of 24 November 2009 (LOI n° 2009-1436 du 24 novembre 2009 pénitentiaire) Constitutional Council (Conseil constitutionnel), France Right to an effective remedy Right to respect for private and family life

This question was raised in connection with the challenge of the regularity of identity checks that took place on October 8, 2015.

France 2017 Public security France: Code of Criminal Procedure (Code de procédure pénale) Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life

On 7 December 2016, the Court of Cassation referred to the Constitutional Council a Priority matter of constitutionality of Article 421-2-5-2-2 of the Penal Code, as drafted by Act No. 2016-731 of 3 June 2016 strengthening the fight against organized crime, terrorism and their financing, and improving the efficiency and guarantees of criminal proceedings.

France 2017 Terrorism propaganda France: Penal Code (Code pénal) of 1994 Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life

The constitutional council was asked to decide upon a priority matter of constitutionality on 25 January 2017 by the “Cour de cassation” (Criminal Division, Decision no. 347 of 25 January 2017). The applicant and the intervening party claim that legal provisions, which establish an offence of "individual terrorist undertaking", infringe on the principle that offences and penalties must be defined by law insofar as the elements that make them...

France 2017 Membership in a terrorist organisation Terrorism recruitment Terrorism propaganda Public security France: Penal Code (Code pénal) of 1994 Constitutional Council (Conseil constitutionnel), France Proportionality

The constitutional council was asked to decide upon a priority matter of constitutionality by the Conseil d'État (decision no. 405792 of 17 May 2017). This matter was put forth for the associations La Quadrature du Net, French Data Network, Fédération des fournisseurs d'accès à Internet associatifs, and their legal advisors.

France 2017 Public security France: Interior Security Code (Code de la sécurité intérieure) of 2012 Constitutional Council (Conseil constitutionnel), France Proportionality Right to respect for private and family life

Lawyers, on behalf of Mr. XX, under house arrest for the purpose of combating terrorism, oppose this measure.

France 2018 Public security France: Interior Security Code (Code de la sécurité intérieure) of 2012 Constitutional Council (Conseil constitutionnel), France Right to Liberty Security and public order

An NGO, Association de la Presse Judiciaire, sets out a priority matter of constitutionality relating to Article 11 of the Code of Criminal Procedure, in its wording resulting from Act No. 2000-516 of 15 June 2000 and Article 56 of the same Code, in its wording resulting from Act No. 2016-731 of 3 June 2016 strengthening the fight against organized crime, terrorism and their financing, and improving the effectiveness and guarantees of criminal...

France 2018 Membership in a terrorist organisation Terrorism propaganda Terrorism financing Public security France: Code of Criminal Procedure (Code de procédure pénale) France: Declaration of the Rights of Man and of the Citizen of 1789 (Déclaration des droits de l’homme et du citoyen de 1789) Constitutional Council (Conseil constitutionnel), France Freedom of Expression

A legal advisor, acting on behalf of an individual, refers the matter to the Constitutional Court concerning the constitutionality of the prohibition – for anyone who has knowledge of the algorithmic key to decrypt a means of cryptology that may have been used to prepare, facilitate or commit a crime or offence – to refuse to hand it over to the judicial authorities or to implement it, upon the request of those authorities.

France 2018 Terrorism propaganda Terrorism financing Public security France: Penal Code (Code pénal) of 1994 Constitutional Council (Conseil constitutionnel), France Right to a fair trial Proportionality Right to respect for private and family life

The Constitutional Council ruled on the law on personal data protection. The request was submitted by more than 60 MPs.

France 2018 Public security Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life

A legal adviser, representing an individual who has been searched in his apartment under anti-terrorist legislation, ultimately refers the matter to the Constitutional Court for a ruling on the conformity with the rights and freedoms guaranteed by the Constitution under article L. 229-5, paragraph II, of the Interior Security Code, as drafted by Act No. 2017-1510 of 30 October 2017 strengthening internal security and the fight against terrorism.

France 2018 Public security France: Interior Security Code (Code de la sécurité intérieure) of 2012 Constitutional Council (Conseil constitutionnel), France Right to respect for private and family life

Mr. XX had previously been found guilty of twice joining Islamic State in Syria as a foreign fighter, as well as of supporting the terror organisation financially and publicly condoning a terror attack in Denmark. To be decided at the constitutional court was the length of his sentencing as well as whether Mr. XX should be disqualified from his citizenship, extradited and permanently banned from re-entering Denmark.

Denmark 2017 Membership in a terrorist organisation Violent extremism Terrorism propaganda Terrorism financing European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930 Supreme Court (Højesteret), Denmark Right to respect for private and family life

T had previously been sentenced to four years imprisonment for promoting terrorism by distributing propaganda from al-Qaeda and affiliated groups via Facebook posts, email and publishing books. To be decided at the constitutional court was whether T should be disqualified from his Danish citizenship, sentenced to extradition from Denmark and permanently banned from entering Denmark.

Denmark 2016 Terrorism propaganda European Convention on Human Rights Supreme Court (Højesteret), Denmark Right to respect for private and family life

The proceeding originated within the institutional monitoring of the Internet, aimed at controlling virtual spaces concerning the phenomenon of proselytism and Islamic terrorist propaganda. In April 2015, the specialized nucleus of the Rome Postal Communications Police Service found on the platform of the social network ''Twitter'' the presence of the profile XX, containing numerous tweets of popularization and exaltation of the terrorists...

Italy 2017 Islamic extremism Membership in a terrorist organisation Violent extremism Terrorism propaganda Public security Code of Criminal Procedure, Italy Court of Appeal (Corte D'Assise D'Appello), Milan, Italy Right to respect for private and family life

The uniqueness of this procedure lies in this: on the one hand, thanks to some investigative intuitions, it has been possible to directly intercept the communications of some members of the IS. responsible for the sorting of foreign fighters; on the other hand, thanks to the interception of the communications of the defendants who had moved to Syria with their relatives who had remained in Italy, numerous information on the functioning of the...

Italy 2016 Membership in a terrorist organisation Terrorism propaganda Code of Criminal Procedure, Italy Court of Appeal (Corte D'Assise D'Appello), Milan, Italy Freedom of Expression Right to respect for private and family life

The three people reach from custody orders to prison and the arrested minor are all originary from Kosovo and are present in Italy with a residency permit. They are XX1, 24, XX2, 25, and XX3, 27, the last two residents in Venice, where they worked as waiters. They were arrested as part of an investigation coordinated by the District Anti-Mafia and Counter-Terrorism Prosecutor of Venice, for having participated in the international terrorist...

Italy 2017 Membership in a terrorist organisation Code of Criminal Procedure, Italy Court of Cassation (Cort di Cassazione), Italy Freedom of Expression