Decision n° 2018-713/714 PRIORITY MATTER OF CONSTITUTIONALITY, June 13, 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 respect for private and family lifeFacts
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.
Legal grounds
These questions relate to 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 October 30, 2017 strengthening internal security and the fight against terrorism. The administrative authority may ask the judge of freedoms and detention of the Paris First Instance Court to authorize the analysis of the seized data. In view of the information collected during the visit, the judge shall decide within 48 hours of the date of the referral on the regularity of the seizure and on the request of the administrative authority. The authorization shall not include elements which have no link with the purpose of preventing the perpetration of terrorist acts which justified the vision.
Findings
No change in circumstances has occurred since the Constitutional Council's decision of 29 March 2018. In this respect, the mere fact that the Conseil d'Etat or the Court of Cassation transfer to the Constitutional Council a legislative provision already declared by the Constitutional Council to be in conformity with the Constitution cannot constitute a fundamental change of circumstances.