خلاصة:
Title eight of the Constitution of the Fifth Republic includes the main provisions regarding the Constitutional Council. This institution was created to ensure the proper functioning of political organizations and, in particular, to control the relations between the government and the parliament. However, in practice, this institution has taken an unexpected path and has more or less turned into a type of constitutional court, although it should not be considered similar to the constitutional courts mentioned in the constitutions of Germany and Italy. The period from 1958 to 1971 shows that initially, the Council performed its role extensively based on the plan predicted in the Constitution; it is then said that with the decision of July 16, 1971, its position changed. As a result of this decision, it strengthened the amendment of the Constitution in 1974, and this right was given to sixty representatives or senators to refer bills to the Constitutional Council. Therefore, the nature of constitutional protection was significantly transformed. The Council's practice is a consequence of the transformation of its role. The Council has become the guardian of civil rights and freedoms. In the long-term perspective of constitutional protection, the Council is in search of new interpretations to give a new form to the work of institutions, their mutual relations, and the role of the government. In recent years, a concept called 'conformity with the Constitution' has been employed by the Council, which seems to be based on none of the constitutional texts. Alongside the creation of the Charter of Rights and Freedoms, the Council has also reorganized the established principles of the institutions of the Fifth Republic. The Council also employs methods of interpretation that have greatly expanded its supervision and provided its performance with more flexibility.
ملخص الجهاز:
On the other hand, De Gaulle never accepted any responsibility, and Valery Giscard d'Estaing (term of presidency from 1986 to 1995), appointment by Francois Mitterrand (Translator) (7)- Robert Badinter (8)- For example, Daniel Mayer never had formal legal education, but his work in the field of human rights had suitable characteristics for an institution such as the Constitutional Council.
More so, because the Constitutional Council not only reviews a number of official texts (laws11, organic laws12, parliamentary regulations13) and international treaties (in terms of conformity with the text of the constitution); but also supervises the uniform performance of certain mechanisms and processes (elections, the division of responsibility between the government and parliament, extraordinary powers) which grants the Council direct supervision over political affairs.
The right of an individual to form an organization in France, since the time of— (29)-Article 11: "The President of the Republic may, at the request of the Government while Parliament is in session, or upon the joint proposal of both houses, published in the Official Gazette, submit to a referendum any bill or proposal relating to the organization of public authorities or involving the approval of a union treaty or the final approval of a covenant, provided it does not conflict with this Constitution and is effective in the performance of the duties of existing institutions...
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