Decision No. 2015-524 PRIORITY MATTER OF CONSTITUTIONALITY of 02 March 2016 - Mr. XX

• 2016
• France

Topics

Legal bases

Courts

Laws

Relevant links

• https://www.conseil-constitutionnel.fr/decision/2016/2015524QPC.htm

Facts

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.

Legal grounds

Article L. 562-1 of the Monetary and Financial Code allows the Minister of Economy to freeze all or part of the funds, financial instruments and economic resources held with, in particular, institutions in the banking sector and payment institutions governed by the Code, provided that such funds, instruments and resources belong either to natural or legal persons who commit or attempt to commit terrorist acts, facilitate or participate in them, or to legal persons owned or controlled by such natural or legal persons. Article L. Article 562-2 of the Monetary and Financial Code allows the Minister for Economic Affairs, pursuant to resolutions adopted under Chapter VII of the Charter of the United Nations or acts taken pursuant to Article 15 of the Treaty on European Union, to decide on a similar freezing of funds, financial instruments and economic resources belonging either to natural or legal persons who have committed, are committing or, by virtue of their functions, are likely to commit acts which are sanctioned or prohibited by those resolutions or acts, facilitate or participate in them or in legal persons owned or controlled by those natural persons.

Findings

The Constitutional Council noted, on the one hand, that the measures provided for by the contested provisions pursue the objective of preventing violations of public order and offences. On the other hand, it noted that the law precisely defines the assets and resources that may be subject to freezing measures. On the other hand, it held that by allowing the freezing of assets belonging to persons who, by virtue of their functions, are likely to commit terrorist acts without it being necessary to establish that they have committed, are committing, inciting, facilitating or participating in the commission of such acts, the legislature has caused the exercise of the right of property to be manifestly disproportionate to the objective pursued. The Constitutional Council therefore declared contrary to the Constitution the words "or, by virtue of their functions, are likely to commit" in Article L. 562-2 of the Monetary and Financial Code.