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2025-08-08 00:00:00
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CONSTEXT000017665609_0
|
CONSTEXT000017665609
| 0 |
L
|
Réglementaire
|
Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
|
71-70
|
1971-04-23
|
Le Conseil constitutionnel,Saisi le 15 avril 1971 par le Premier Ministre dans les conditions prévues à l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des dispositions :1° De l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne, en tant que ces dispositions désignent, en la personne du préfet de police, le fonctionnaire de l'Etat chargé, dans les communes des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne, de tout ce qui concerne la liberté et la sûreté de la voie publique sur les voies à grande circulation ;2° De l'article 98, dernier alinéa, du code de l'administration communale, telles que ces dispositions résultent de la loi n° 66-407 du 18 juin 1966 ;3° De l'article 115, alinéa 2, du même code, telles que ces dispositions résultent de la loi n° 64-707 du 10 juillet 1964, mais en tant seulement qu'elles désignent les services de la préfecture de police, comme étant ceux aux dépenses desquels, lorsqu'elles incombent à l'Etat et à l'exclusion des dépenses d'investissement, les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne doivent participer dans la proportion fixée au premier alinéa de l'article 115 ;4° De l'article 1er, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale ;
|
Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
Le Conseil constitutionnel,Saisi le 15 avril 1971 par le Premier Ministre dans les conditions prévues à l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des dispositions :1° De l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne, en tant que ces dispositions désignent, en la personne du préfet de police, le fonctionnaire de l'Etat chargé, dans les communes des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne, de tout ce qui concerne la liberté et la sûreté de la voie publique sur les voies à grande circulation ;2° De l'article 98, dernier alinéa, du code de l'administration communale, telles que ces dispositions résultent de la loi n° 66-407 du 18 juin 1966 ;3° De l'article 115, alinéa 2, du même code, telles que ces dispositions résultent de la loi n° 64-707 du 10 juillet 1964, mais en tant seulement qu'elles désignent les services de la préfecture de police, comme étant ceux aux dépenses desquels, lorsqu'elles incombent à l'Etat et à l'exclusion des dépenses d'investissement, les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne doivent participer dans la proportion fixée au premier alinéa de l'article 115 ;4° De l'article 1er, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale ;
|
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CONSTEXT000017665609_1
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CONSTEXT000017665609
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L
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Réglementaire
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
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71-70
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1971-04-23
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Vu la Constitution et notamment ses articles 34, 37, 62 et 72;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu l'arrêté des Consuls du 12 messidor an VIII ;Vu la loi des 10-15 juin 1853 et les textes qui l'ont modifiée ;Vu le code de l'administration communale, notamment ses articles 98, 111, 115 et 185 ;Vu la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne et notamment ses articles 10, 39 et 45 ;Vu la loi n° 66-407 du 18 juin 1966 complétant l'article 98 du code de l'administration communale et relative aux pouvoirs de police conférés aux maires en matière de circulation ;Vu la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale ;Vu le décret-loi du 30 octobre 1935 modifiant les pouvoirs de police des maires sur les routes à grande circulation ;Vu le décret-loi du 24 mai 1938 relatif à la réglementation routière de la traversée des agglomérations par les grands itinéraires ;
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
Vu la Constitution et notamment ses articles 34, 37, 62 et 72;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu l'arrêté des Consuls du 12 messidor an VIII ;Vu la loi des 10-15 juin 1853 et les textes qui l'ont modifiée ;Vu le code de l'administration communale, notamment ses articles 98, 111, 115 et 185 ;Vu la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne et notamment ses articles 10, 39 et 45 ;Vu la loi n° 66-407 du 18 juin 1966 complétant l'article 98 du code de l'administration communale et relative aux pouvoirs de police conférés aux maires en matière de circulation ;Vu la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale ;Vu le décret-loi du 30 octobre 1935 modifiant les pouvoirs de police des maires sur les routes à grande circulation ;Vu le décret-loi du 24 mai 1938 relatif à la réglementation routière de la traversée des agglomérations par les grands itinéraires ;
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CONSTEXT000017665609_2
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CONSTEXT000017665609
| 2 |
L
|
Réglementaire
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
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71-70
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1971-04-23
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En ce qui concerne les dispositions susvisées de l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 et les dispositions de l'article 98, dernier alinéa, du code de l'administration communale, telles que ces dispositions résultent de la loi n° 66-407 du 18 juin 1966, soumises à l'examen du conseil constitutionnel :1. Considérant qu'aux termes de l'article 34 de la Constitution "la loi détermine les principes fondamentaux de la libre administration des collectivités locales, de leurs compétences et de leurs ressources" ;2. Considérant qu'il résulte de cette disposition que, si le transfert à une autorité de l'Etat de l'exercice d'attributions relevant de la compétence d'une collectivité locale est une opération qui met en cause les principes fondamentaux ci-dessus énoncés et qui, par suite, ressortit au domaine de la loi, il appartient au pouvoir réglementaire de déterminer, dans les limites de compétence ainsi tracées, l'autorité de l'Etat à laquelle est dévolu l'exercice desdites attributions ;3. Considérant que les dispositions susvisées de l'article 10, alinéa 3, de la loi n° 64-707 du 10 juillet 1964, dans les limites de la saisine du Conseil constitutionnel, et les dispositions de l'article 98, dernier alinéa, du code de l'administration communale, ont seulement pour objet de désigner en la personne du préfet de police l'autorité de l'Etat chargée dans la ville de Paris et dans les communes des départements des Hauts-de-Seine, de la
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
En ce qui concerne les dispositions susvisées de l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 et les dispositions de l'article 98, dernier alinéa, du code de l'administration communale, telles que ces dispositions résultent de la loi n° 66-407 du 18 juin 1966, soumises à l'examen du conseil constitutionnel :1. Considérant qu'aux termes de l'article 34 de la Constitution "la loi détermine les principes fondamentaux de la libre administration des collectivités locales, de leurs compétences et de leurs ressources" ;2. Considérant qu'il résulte de cette disposition que, si le transfert à une autorité de l'Etat de l'exercice d'attributions relevant de la compétence d'une collectivité locale est une opération qui met en cause les principes fondamentaux ci-dessus énoncés et qui, par suite, ressortit au domaine de la loi, il appartient au pouvoir réglementaire de déterminer, dans les limites de compétence ainsi tracées, l'autorité de l'Etat à laquelle est dévolu l'exercice desdites attributions ;3. Considérant que les dispositions susvisées de l'article 10, alinéa 3, de la loi n° 64-707 du 10 juillet 1964, dans les limites de la saisine du Conseil constitutionnel, et les dispositions de l'article 98, dernier alinéa, du code de l'administration communale, ont seulement pour objet de désigner en la personne du préfet de police l'autorité de l'Etat chargée dans la ville de Paris et dans les communes des départements des Hauts-de-Seine, de la
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CONSTEXT000017665609_3
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CONSTEXT000017665609
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L
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Réglementaire
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
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71-70
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1971-04-23
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communale, ont seulement pour objet de désigner en la personne du préfet de police l'autorité de l'Etat chargée dans la ville de Paris et dans les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne, de l'exercice de pouvoirs de police sur les voies à grande circulation ;4. Considérant qu'il résulte de ce qui a été dit ci-dessus que ces dispositions ne mettent pas en cause les principes fondamentaux susrappelés non plus d'ailleurs qu'aucun des autres principes fondamentaux ni aucune des règles que l'article 34 de la Constitution a placés dans le domaine de la loi ; que, par suite, ces dispositions ressortissent à la compétence du pouvoir réglementaire ;En ce qui concerne les dispositions de l'article 115, alinéa 2, du code de l'administration communale, telles qu'elles résultent de l'article 39 de la loi n° 64-707 du 10 juillet 1964 :5. Considérant que les dispositions susvisées sont soumises à l'examen du Conseil constitutionnel en tant seulement qu'elles désignent les services de la préfecture de police comme étant ceux aux dépenses desquels les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne doivent participer, sous forme d'une contribution au budget de l'Etat, dans les conditions fixées audit article ; que, dans cette mesure, ces dispositions, qui ne mettent pas en cause l'étendue des obligations incombant aux collectivités locales, ne touchent pas aux principes fondamentaux de la libre
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
communale, ont seulement pour objet de désigner en la personne du préfet de police l'autorité de l'Etat chargée dans la ville de Paris et dans les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne, de l'exercice de pouvoirs de police sur les voies à grande circulation ;4. Considérant qu'il résulte de ce qui a été dit ci-dessus que ces dispositions ne mettent pas en cause les principes fondamentaux susrappelés non plus d'ailleurs qu'aucun des autres principes fondamentaux ni aucune des règles que l'article 34 de la Constitution a placés dans le domaine de la loi ; que, par suite, ces dispositions ressortissent à la compétence du pouvoir réglementaire ;En ce qui concerne les dispositions de l'article 115, alinéa 2, du code de l'administration communale, telles qu'elles résultent de l'article 39 de la loi n° 64-707 du 10 juillet 1964 :5. Considérant que les dispositions susvisées sont soumises à l'examen du Conseil constitutionnel en tant seulement qu'elles désignent les services de la préfecture de police comme étant ceux aux dépenses desquels les communes des départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne doivent participer, sous forme d'une contribution au budget de l'Etat, dans les conditions fixées audit article ; que, dans cette mesure, ces dispositions, qui ne mettent pas en cause l'étendue des obligations incombant aux collectivités locales, ne touchent pas aux principes fondamentaux de la libre
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CONSTEXT000017665609_4
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CONSTEXT000017665609
| 4 |
L
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Réglementaire
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
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71-70
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1971-04-23
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article ; que, dans cette mesure, ces dispositions, qui ne mettent pas en cause l'étendue des obligations incombant aux collectivités locales, ne touchent pas aux principes fondamentaux de la libre administration, des compétences et des ressources desdites collectivités ; que, par suite, elles relèvent du domaine réglementaire ;En ce qui concerne les dispositions de l'article premier, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale :6. Considérant que les dispositions dont il s'agit ont seulement pour objet de déterminer l'autorité administrative à la disposition de laquelle sont mis les personnels des services actifs de la police nationale affectés dans la ville de Paris et dans les départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne ; qu'elles ne mettent pas en cause les règles relatives aux garanties fondamentales accordées aux fonctionnaires de l'Etat ; que, dès lors, elles ressortissent à la compétence de l'autorité réglementaire ;
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
article ; que, dans cette mesure, ces dispositions, qui ne mettent pas en cause l'étendue des obligations incombant aux collectivités locales, ne touchent pas aux principes fondamentaux de la libre administration, des compétences et des ressources desdites collectivités ; que, par suite, elles relèvent du domaine réglementaire ;En ce qui concerne les dispositions de l'article premier, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale :6. Considérant que les dispositions dont il s'agit ont seulement pour objet de déterminer l'autorité administrative à la disposition de laquelle sont mis les personnels des services actifs de la police nationale affectés dans la ville de Paris et dans les départements des Hauts-de-Seine, de la Seine-Saint-Denis et du Val-de-Marne ; qu'elles ne mettent pas en cause les règles relatives aux garanties fondamentales accordées aux fonctionnaires de l'Etat ; que, dès lors, elles ressortissent à la compétence de l'autorité réglementaire ;
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CONSTEXT000017665609_5
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CONSTEXT000017665609
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L
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Réglementaire
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
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71-70
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1971-04-23
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Décide :Article premier :Ont le caractère réglementaire dans la mesure précisée dans les visas et par les motifs de la présente décision, les dispositions susvisées de l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne, des articles 98, dernier alinéa, et 115, alinéa 2, du code de l'administration communale et de l'article premier, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale.Article 2 :La présente décision sera notifiée au Premier Ministre et publiée au Journal officiel de la République française.
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Nature juridique de certaines dispositions de l'article 10, alinéa 3, de la loi du 10 juillet 1964 portant réorganisation de la région parisienne et articles 98, dernier alinéa, et 115, alinéa 2, modifié du code de l'administration communale
Décide :Article premier :Ont le caractère réglementaire dans la mesure précisée dans les visas et par les motifs de la présente décision, les dispositions susvisées de l'article 10, alinéa 3, seconde phrase, de la loi n° 64-707 du 10 juillet 1964 portant réorganisation de la région parisienne, des articles 98, dernier alinéa, et 115, alinéa 2, du code de l'administration communale et de l'article premier, alinéa 3, de la loi n° 66-492 du 9 juillet 1966 portant organisation de la police nationale.Article 2 :La présente décision sera notifiée au Premier Ministre et publiée au Journal officiel de la République française.
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CONSTEXT000017665655_0
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CONSTEXT000017665655
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AN
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Rejet
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A.N., Eure (3ème circ.)
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73-621
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1973-06-01
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Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Jules Demeillez, conseiller municipal, demeurant à Pitres, département de l'Eure, ladite requête enregistrée le 19 mars 1973 à la préfecture de l'Eure et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la troisième circonscription de l'Eure pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Remy Montagne, député, lesdites observations enregistrées le 5 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées par M. Demeillez, lesdites observations enregistrées comme ci-dessus le 11 avril 1973 ;Vu les observations présentées par le ministre de l'intérieur, enregistrées le 18 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Demeillez enregistrées comme ci-dessus le 28 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
|
A.N., Eure (3ème circ.)
Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Jules Demeillez, conseiller municipal, demeurant à Pitres, département de l'Eure, ladite requête enregistrée le 19 mars 1973 à la préfecture de l'Eure et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la troisième circonscription de l'Eure pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Remy Montagne, député, lesdites observations enregistrées le 5 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées par M. Demeillez, lesdites observations enregistrées comme ci-dessus le 11 avril 1973 ;Vu les observations présentées par le ministre de l'intérieur, enregistrées le 18 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Demeillez enregistrées comme ci-dessus le 28 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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CONSTEXT000017665655_1
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CONSTEXT000017665655
| 1 |
AN
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Rejet
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A.N., Eure (3ème circ.)
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73-621
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1973-06-01
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1. Considérant que, pour demander l'annulation de l'élection de M. Montagne. le requérant soutient que le retrait tardif de la candidature de M. Delahaye a provoqué de nombreuses réclamations des électeurs de la commune de Pitres et a eu pour effet de troubler les esprits ; qu'il allègue, en outre, que la circulaire par laquelle le préfet a demandé, le 10 mars, veille du scrutin, aux maires et présidents de bureaux de vote de retirer les bulletins libellés au nom de ce candidat constitue "un abus de pouvoir de l'autorité administrative" ;2. Considérant que si, après l'expiration du délai imparti par l'article R. 100 du code électoral pour le retrait des candidatures qui est celui fixé par l'article L. 162 du môme code, M. Delahaye a manifesté au Préfet de l'Eure sa volonté de se retirer de la compétition électorale, la déclaration de candidature de ce candidat n'en demeurait pas moins valable ; que l'administration n'avait donc pas à tenir compte de son retrait et que le préfet ne pouvait, ès qualité de mandataire, transmettre aux présidents des bureaux de vote une lettre du candidat les invitant à retirer les bulletins libellés à son nom ; que, cependant, compte tenu des circonstances de l'affaire, notamment du fait que M. Delahaye s'était vu retirer le soutien de la formation politique dont il se réclamait au premier tour, de la publicité donnée à cette décision ainsi que de l'écart considérable des suffrages obtenus par les candidats en présence au second tour,
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A.N., Eure (3ème circ.)
1. Considérant que, pour demander l'annulation de l'élection de M. Montagne. le requérant soutient que le retrait tardif de la candidature de M. Delahaye a provoqué de nombreuses réclamations des électeurs de la commune de Pitres et a eu pour effet de troubler les esprits ; qu'il allègue, en outre, que la circulaire par laquelle le préfet a demandé, le 10 mars, veille du scrutin, aux maires et présidents de bureaux de vote de retirer les bulletins libellés au nom de ce candidat constitue "un abus de pouvoir de l'autorité administrative" ;2. Considérant que si, après l'expiration du délai imparti par l'article R. 100 du code électoral pour le retrait des candidatures qui est celui fixé par l'article L. 162 du môme code, M. Delahaye a manifesté au Préfet de l'Eure sa volonté de se retirer de la compétition électorale, la déclaration de candidature de ce candidat n'en demeurait pas moins valable ; que l'administration n'avait donc pas à tenir compte de son retrait et que le préfet ne pouvait, ès qualité de mandataire, transmettre aux présidents des bureaux de vote une lettre du candidat les invitant à retirer les bulletins libellés à son nom ; que, cependant, compte tenu des circonstances de l'affaire, notamment du fait que M. Delahaye s'était vu retirer le soutien de la formation politique dont il se réclamait au premier tour, de la publicité donnée à cette décision ainsi que de l'écart considérable des suffrages obtenus par les candidats en présence au second tour,
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CONSTEXT000017665655_2
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CONSTEXT000017665655
| 2 |
AN
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Rejet
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A.N., Eure (3ème circ.)
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73-621
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1973-06-01
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formation politique dont il se réclamait au premier tour, de la publicité donnée à cette décision ainsi que de l'écart considérable des suffrages obtenus par les candidats en présence au second tour, l'irrégularité en cause ne saurait être regardée comme ayant eu une influence déterminante sur le résultat du scrutin,
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A.N., Eure (3ème circ.)
formation politique dont il se réclamait au premier tour, de la publicité donnée à cette décision ainsi que de l'écart considérable des suffrages obtenus par les candidats en présence au second tour, l'irrégularité en cause ne saurait être regardée comme ayant eu une influence déterminante sur le résultat du scrutin,
|
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CONSTEXT000017665655_3
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CONSTEXT000017665655
| 3 |
AN
|
Rejet
|
A.N., Eure (3ème circ.)
|
73-621
|
1973-06-01
|
Décide :Article premier :La requête susvisée de M. Demeillez est rejetée.Article 2 - La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 1er juin 1973, où siégeaient MM. Gaston PALEWSKI, président, Monnet, Rey, Sainteny, Goguel, Du6ois, Coste-Floret, Chatenet et Luchaire.
|
A.N., Eure (3ème circ.)
Décide :Article premier :La requête susvisée de M. Demeillez est rejetée.Article 2 - La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 1er juin 1973, où siégeaient MM. Gaston PALEWSKI, président, Monnet, Rey, Sainteny, Goguel, Du6ois, Coste-Floret, Chatenet et Luchaire.
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CONSTEXT000017665630_1
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CONSTEXT000017665630
| 1 |
SEN
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Rejet
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Sénat, Territoire des Iles Wallis-et-Futuna
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71-576
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1972-01-27
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1. Considérant que, pour contester l'élection sénatoriale du 26 septembre 1971 dans le territoire des îles Wallis et Futuna, M. LOSTE fait état de pressions administratives qui auraient été exercées sur les délégués sénatoriaux réunis au chef-lieu la veille du scrutin ;2. Considérant qu'aucune réclamation n'a été formulée à cet égard au procès-verbal établi à la clôture des opérations de vote ni par le représentant de M. LOSTE ni par aucun candidat ;3. Considérant qu'à l'appui de ses allégations M. LOSTE a produit le 9 novembre 1971 une lettre, en date du 3 octobre 1971, adressée au ministre des départements et territoires d'outre-mer dans laquelle sont dénoncés, sous les signatures de plus d'une centaine d'habitants du territoire, divers faits de pressions ou manoeuvres à l'égard des délégués au cours de la journée du 25 septembre, mais que ce document, rédigé en termes très généraux, mettant en cause collectivement les électeurs sénatoriaux et que plusieurs des personnes portées parmi ses signataires ont déclaré ultérieurement n'avoir jamais signé ne peut être regardé comme apportant la preuve des allégations du requérant ;4. Considérant qu'il résulte de ce qui précède que les griefs invoqués par M. LOSTE ne sont pas établis et que sa requête doit, dès lors, être rejetée ;
Décide :Article premier :La requête susvisée de M. LOSTE est rejetée.Article 2 :La présente décision sera notifiée au Sénat et publiée Journal officiel de la République française.
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Sénat, Territoire des Iles Wallis-et-Futuna
1. Considérant que, pour contester l'élection sénatoriale du 26 septembre 1971 dans le territoire des îles Wallis et Futuna, M. LOSTE fait état de pressions administratives qui auraient été exercées sur les délégués sénatoriaux réunis au chef-lieu la veille du scrutin ;2. Considérant qu'aucune réclamation n'a été formulée à cet égard au procès-verbal établi à la clôture des opérations de vote ni par le représentant de M. LOSTE ni par aucun candidat ;3. Considérant qu'à l'appui de ses allégations M. LOSTE a produit le 9 novembre 1971 une lettre, en date du 3 octobre 1971, adressée au ministre des départements et territoires d'outre-mer dans laquelle sont dénoncés, sous les signatures de plus d'une centaine d'habitants du territoire, divers faits de pressions ou manoeuvres à l'égard des délégués au cours de la journée du 25 septembre, mais que ce document, rédigé en termes très généraux, mettant en cause collectivement les électeurs sénatoriaux et que plusieurs des personnes portées parmi ses signataires ont déclaré ultérieurement n'avoir jamais signé ne peut être regardé comme apportant la preuve des allégations du requérant ;4. Considérant qu'il résulte de ce qui précède que les griefs invoqués par M. LOSTE ne sont pas établis et que sa requête doit, dès lors, être rejetée ;
Décide :Article premier :La requête susvisée de M. LOSTE est rejetée.Article 2 :La présente décision sera notifiée au Sénat et publiée Journal officiel de la République française.
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CONSTEXT000017665643_0
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CONSTEXT000017665643
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AN
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Rejet
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A.N., Martinique (1ère circ.)
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73-594
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1973-07-05
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Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M, Claude Calaber, demeurant à Orly (94310), 40, rue du Nouvelet, ladite requête enregistrée le 15 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la première circonscription de la Martinique pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Camille Petit, député, lesdites observations enregistrées le 2 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées le 12 juin 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Camille Petit et enregistrées comme ci-dessus le 15 juin 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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A.N., Martinique (1ère circ.)
Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M, Claude Calaber, demeurant à Orly (94310), 40, rue du Nouvelet, ladite requête enregistrée le 15 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la première circonscription de la Martinique pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Camille Petit, député, lesdites observations enregistrées le 2 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées le 12 juin 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Camille Petit et enregistrées comme ci-dessus le 15 juin 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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CONSTEXT000017665643_1
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CONSTEXT000017665643
| 1 |
AN
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Rejet
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A.N., Martinique (1ère circ.)
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73-594
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1973-07-05
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En ce qui concerne la procédure suivie devant le Conseil constitutionnel :1. Considérant que M.Calaber se plaint de n'avoir pas disposé, pour conduire les investigations nécessaires au soutien de sa requête, de la totalité du délai de dix jours ouvert par l'article 33 de l'ordonnance n° 58-1067 du 7 novembre 1958 ;2. Considérant que ledit délai est impératif ; que, toutefois, si celui-ci paraissait insuffisant au requérant pour la production des moyens de preuve nécessaires à l'appui de ses conclusions, il appartenait à M. Calaber d'utiliser les voies de droit qui lui étaient offertes pour compléter sur ce point son argumentation, et notamment celle qui lui étaient ouvertes par l'article 35 de l'ordonnance susvisée du 7 novembre 1958 ;Au fond :Sur le grief tiré d'irrégularités dans la distribution des cartes électorales :3. Considérant que si le requérant soutient que, dans plusieurs communes, les cartes électorales auraient été distribuées dans des conditions irrégulières et que, notamment, des cartes non remises à leur titulaire auraient pu servir à des opérations frauduleuses en faveur du candidat élu, il n'apporte aucune preuve à l'appui de ses allégations ;Sur les griefs relatifs au déroulement du scrutin :4. Considérant que si le requérant invoque diverses irrégularités en ce qui concerne la tenue des listes d'émargement, l'établissement des feuilles de pointage, la signature des procès-verbaux, la liberté et le secret du scrutin, il n'en apporte point la preuve ;
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A.N., Martinique (1ère circ.)
En ce qui concerne la procédure suivie devant le Conseil constitutionnel :1. Considérant que M.Calaber se plaint de n'avoir pas disposé, pour conduire les investigations nécessaires au soutien de sa requête, de la totalité du délai de dix jours ouvert par l'article 33 de l'ordonnance n° 58-1067 du 7 novembre 1958 ;2. Considérant que ledit délai est impératif ; que, toutefois, si celui-ci paraissait insuffisant au requérant pour la production des moyens de preuve nécessaires à l'appui de ses conclusions, il appartenait à M. Calaber d'utiliser les voies de droit qui lui étaient offertes pour compléter sur ce point son argumentation, et notamment celle qui lui étaient ouvertes par l'article 35 de l'ordonnance susvisée du 7 novembre 1958 ;Au fond :Sur le grief tiré d'irrégularités dans la distribution des cartes électorales :3. Considérant que si le requérant soutient que, dans plusieurs communes, les cartes électorales auraient été distribuées dans des conditions irrégulières et que, notamment, des cartes non remises à leur titulaire auraient pu servir à des opérations frauduleuses en faveur du candidat élu, il n'apporte aucune preuve à l'appui de ses allégations ;Sur les griefs relatifs au déroulement du scrutin :4. Considérant que si le requérant invoque diverses irrégularités en ce qui concerne la tenue des listes d'émargement, l'établissement des feuilles de pointage, la signature des procès-verbaux, la liberté et le secret du scrutin, il n'en apporte point la preuve ;
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CONSTEXT000017665643_2
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CONSTEXT000017665643
| 2 |
AN
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Rejet
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A.N., Martinique (1ère circ.)
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73-594
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1973-07-05
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en ce qui concerne la tenue des listes d'émargement, l'établissement des feuilles de pointage, la signature des procès-verbaux, la liberté et le secret du scrutin, il n'en apporte point la preuve ; qu'au surplus l'examen de plusieurs des documents susvisés, notamment de ceux de la commune de Sainte-Marie, spécialement citée dans la requête, n'a fait apparaître que des irrégularités peu nombreuses et d'importance minime, non susceptibles, en tout état de cause, de modifier les résultats du scrutin ;
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A.N., Martinique (1ère circ.)
en ce qui concerne la tenue des listes d'émargement, l'établissement des feuilles de pointage, la signature des procès-verbaux, la liberté et le secret du scrutin, il n'en apporte point la preuve ; qu'au surplus l'examen de plusieurs des documents susvisés, notamment de ceux de la commune de Sainte-Marie, spécialement citée dans la requête, n'a fait apparaître que des irrégularités peu nombreuses et d'importance minime, non susceptibles, en tout état de cause, de modifier les résultats du scrutin ;
|
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CONSTEXT000017665643_3
|
CONSTEXT000017665643
| 3 |
AN
|
Rejet
|
A.N., Martinique (1ère circ.)
|
73-594
|
1973-07-05
|
Décide :Article premier :La requête susvisée de M. Calaber est rejetée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 5 juillet 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
|
A.N., Martinique (1ère circ.)
Décide :Article premier :La requête susvisée de M. Calaber est rejetée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 5 juillet 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
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CONSTEXT000017665601_0
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CONSTEXT000017665601
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ORGA
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Décision du 9 octobre 1970 portant nomination des rapporteurs adjoints près le Conseil constitutionnel
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70-18
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1970-10-09
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Le Président du CONSEIL CONSTITUTIONNEL,
Vu la Constitution du 4 octobre 1958 et notamment son titre VII ;Vu l'ordonnance du 7 novembre 1958 modifiée portant loi organique sur le Conseilconstitutionnel et notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 9 octobre 1970 ;
Décide :Article premier :Sont nommés rapporteurs adjoints près le Conseil constitutionnel pour la période octobre 1970-octobre 1971 : MM. Paoli, Marcel, Rougevin-Baville, Baudouin, Morisot, maîtres des requêtes au Conseil d'État et MM. Labarraque, Bernard, Lavigne, Godard, Jaccoud, conseillers référendaires à la Cour des comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 9 octobre 1970.
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Décision du 9 octobre 1970 portant nomination des rapporteurs adjoints près le Conseil constitutionnel
Le Président du CONSEIL CONSTITUTIONNEL,
Vu la Constitution du 4 octobre 1958 et notamment son titre VII ;Vu l'ordonnance du 7 novembre 1958 modifiée portant loi organique sur le Conseilconstitutionnel et notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 9 octobre 1970 ;
Décide :Article premier :Sont nommés rapporteurs adjoints près le Conseil constitutionnel pour la période octobre 1970-octobre 1971 : MM. Paoli, Marcel, Rougevin-Baville, Baudouin, Morisot, maîtres des requêtes au Conseil d'État et MM. Labarraque, Bernard, Lavigne, Godard, Jaccoud, conseillers référendaires à la Cour des comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 9 octobre 1970.
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CONSTEXT000017665631_0
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CONSTEXT000017665631
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AN
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Rejet
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A.N., Val-d'Oise (3ème circ.)
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73-580
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1973-05-17
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Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Guy PELLETIER, demeurant à Paris (10e), 4, rue de Dunkerque, ladite requête enregistrée le 5 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la troisième circonscription du Val-d'Oise pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées pour M. Léon FEIX, député, lesdites observations enregistrées le 22 mars 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre de l'Intérieur, enregistrées le 16 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. PELLETIER, enregistrées comme ci-dessus le 2 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
1. Considérant qu'aux termes de l'article L. 5, 6°, du code électoral :"ne doivent pas être inscrits sur la liste électorale :6° Les majeurs en tutelle" ;
2. Considérant qu'en application de l'article L. 0.127 dudit code, seuls les citoyens ayant la qualité d'électeur peuvent être élus à l'Assemblée nationale ;
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A.N., Val-d'Oise (3ème circ.)
Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Guy PELLETIER, demeurant à Paris (10e), 4, rue de Dunkerque, ladite requête enregistrée le 5 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la troisième circonscription du Val-d'Oise pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées pour M. Léon FEIX, député, lesdites observations enregistrées le 22 mars 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre de l'Intérieur, enregistrées le 16 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. PELLETIER, enregistrées comme ci-dessus le 2 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
1. Considérant qu'aux termes de l'article L. 5, 6°, du code électoral :"ne doivent pas être inscrits sur la liste électorale :6° Les majeurs en tutelle" ;
2. Considérant qu'en application de l'article L. 0.127 dudit code, seuls les citoyens ayant la qualité d'électeur peuvent être élus à l'Assemblée nationale ;
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CONSTEXT000017665631_1
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CONSTEXT000017665631
| 1 |
AN
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Rejet
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A.N., Val-d'Oise (3ème circ.)
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73-580
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1973-05-17
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2. Considérant qu'en application de l'article L. 0.127 dudit code, seuls les citoyens ayant la qualité d'électeur peuvent être élus à l'Assemblée nationale ;
3. Considérant qu'il résulte des dispositions susvisées que l'ouverture de la tutelle pour un majeur entraîne à son égard la perte de la jouissance du droit de vote et, par voie de conséquence, son inéligibilité ;
4. Considérant que M. Guy PELLETIER a fait l'objet d'un jugement d'ouverture de tutelle en date du 30 juin 1969 ; que, dès lors et nonobstant la circonstance qu'il ait été inscrit ou maintenu à tort sur les listes électorales, il était inéligible et n'est donc pas fondé à se plaindre de ce que le jugement du Tribunal administratif de Versailles, en date du 14 février 1973, ait déclaré sa candidature irrecevable ;
Décide :Article premier :La requête susvisée de M. PELLETIER est rejetée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 17 mai 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
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A.N., Val-d'Oise (3ème circ.)
2. Considérant qu'en application de l'article L. 0.127 dudit code, seuls les citoyens ayant la qualité d'électeur peuvent être élus à l'Assemblée nationale ;
3. Considérant qu'il résulte des dispositions susvisées que l'ouverture de la tutelle pour un majeur entraîne à son égard la perte de la jouissance du droit de vote et, par voie de conséquence, son inéligibilité ;
4. Considérant que M. Guy PELLETIER a fait l'objet d'un jugement d'ouverture de tutelle en date du 30 juin 1969 ; que, dès lors et nonobstant la circonstance qu'il ait été inscrit ou maintenu à tort sur les listes électorales, il était inéligible et n'est donc pas fondé à se plaindre de ce que le jugement du Tribunal administratif de Versailles, en date du 14 février 1973, ait déclaré sa candidature irrecevable ;
Décide :Article premier :La requête susvisée de M. PELLETIER est rejetée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 17 mai 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
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CONSTEXT000017665632_0
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CONSTEXT000017665632
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AN
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Rejet
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A.N., Morbihan (1ère circ.)
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73-581
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1973-04-12
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Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Bernard Waquet, demeurant 33, avenue de Saxe, à Paris (7e), ladite requête enregistrée au secrétariat général du Conseil constitutionnel le 7 mars 1973 et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la première circonscription du Morbihan pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Marcellin, candidat proclamé élu, lesdites observations enregistrées le 13 mars 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées par M. Waquet, enregistrées comme ci-dessus le 20 mars 1973 ;Vu les observations en duplique présentées par M. Marcellin, enregistrées comme ci-dessus le 26 mars 1973 ;Vu les observations présentées au nom du Ministre de l'Intérieur, enregistrées comme ci-dessus le 26 mars 1973 ;Vu les nouvelles observations présentées par M. Waquet, enregistrées comme ci-dessus le 6 avril 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
|
A.N., Morbihan (1ère circ.)
Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Bernard Waquet, demeurant 33, avenue de Saxe, à Paris (7e), ladite requête enregistrée au secrétariat général du Conseil constitutionnel le 7 mars 1973 et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 4 mars 1973 dans la première circonscription du Morbihan pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Marcellin, candidat proclamé élu, lesdites observations enregistrées le 13 mars 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées par M. Waquet, enregistrées comme ci-dessus le 20 mars 1973 ;Vu les observations en duplique présentées par M. Marcellin, enregistrées comme ci-dessus le 26 mars 1973 ;Vu les observations présentées au nom du Ministre de l'Intérieur, enregistrées comme ci-dessus le 26 mars 1973 ;Vu les nouvelles observations présentées par M. Waquet, enregistrées comme ci-dessus le 6 avril 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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CONSTEXT000017665632_1
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CONSTEXT000017665632
| 1 |
AN
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Rejet
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A.N., Morbihan (1ère circ.)
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73-581
|
1973-04-12
|
Sur les griefs tirés des conditions dans lesquelles s'est déroulée la campagne électorale :1. Considérant que, si M. Waquet soutient que la qualité de ministre en exercice du candidat proclamé élu aurait eu pour effet de créer un déséquilibre au profit de ce dernier dans la compétition électorale, il ne résulte pas des pièces du dossier que les candidats aient été placés en situation d'inégalité au cours de la campagne, ni que la liberté de choix des électeurs en ait été affectée ;2. Considérant que les négligences relevées dans quelques communes de faible importance pour la mise en place de l'affichage électoral ont été supportées également par tous les candidats et qu'il ne peut leur être attribué d'influence appréciable sur le résultat du vote dans ces communes ;Sur les griefs tirés d'irrégularités dans le déroulement du scrutin :3. Considérant que, s'il a été constaté que dans deux bureaux de la ville de Vannes les électeurs ont pu voter sur simple présentation de leur carte d'électeur, sans justifier autrement de leur identité, il n'est pas établi que ces faits, qui n'ont donné lieu à aucune réclamation dans les procès-verbaux, aient permis des fraudes de nature à altérer la sincérité du scrutin ; que la circonstance que, dans l'un de ces bureaux, des cartes d'électeurs décédés se soient trouvées parmi celles dont il est fait retour à la mairie et aux bureaux de vote, en application de l'article R. 25 du code électoral, ne présente, contrairement aux allégations du
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A.N., Morbihan (1ère circ.)
Sur les griefs tirés des conditions dans lesquelles s'est déroulée la campagne électorale :1. Considérant que, si M. Waquet soutient que la qualité de ministre en exercice du candidat proclamé élu aurait eu pour effet de créer un déséquilibre au profit de ce dernier dans la compétition électorale, il ne résulte pas des pièces du dossier que les candidats aient été placés en situation d'inégalité au cours de la campagne, ni que la liberté de choix des électeurs en ait été affectée ;2. Considérant que les négligences relevées dans quelques communes de faible importance pour la mise en place de l'affichage électoral ont été supportées également par tous les candidats et qu'il ne peut leur être attribué d'influence appréciable sur le résultat du vote dans ces communes ;Sur les griefs tirés d'irrégularités dans le déroulement du scrutin :3. Considérant que, s'il a été constaté que dans deux bureaux de la ville de Vannes les électeurs ont pu voter sur simple présentation de leur carte d'électeur, sans justifier autrement de leur identité, il n'est pas établi que ces faits, qui n'ont donné lieu à aucune réclamation dans les procès-verbaux, aient permis des fraudes de nature à altérer la sincérité du scrutin ; que la circonstance que, dans l'un de ces bureaux, des cartes d'électeurs décédés se soient trouvées parmi celles dont il est fait retour à la mairie et aux bureaux de vote, en application de l'article R. 25 du code électoral, ne présente, contrairement aux allégations du
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CONSTEXT000017665632_2
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CONSTEXT000017665632
| 2 |
AN
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Rejet
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A.N., Morbihan (1ère circ.)
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73-581
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1973-04-12
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décédés se soient trouvées parmi celles dont il est fait retour à la mairie et aux bureaux de vote, en application de l'article R. 25 du code électoral, ne présente, contrairement aux allégations du requérant, aucun caractère anormal ; que la présence, sur la table d'un autre bureau de vote, d'enveloppes non réglementaires n'a pas non plus donné lieu à réclamation lors de l'établissement des procès-verbaux et ne saurait, en l'absence de tout élément de preuve, faire présumer des fraudes, sur la nature desquelles le requérant ne fournit, d'ailleurs, aucune précision ; qu'enfin, l'irrégularité prétendue d'un vote par correspondance et de deux autres suffrages validés par la commission de recensement serait, en tout état de cause, sans influence sur le résultat de l'élection ;4. Considérant qu'il résulte de ce qui précède, sans qu'il y ait lieu de procéder à l'enquête sollicitée par M. Waquet, que sa requête tendant à l'annulation des opérations électorales dans la première circonscription du Morbihan doit être rejetée.
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A.N., Morbihan (1ère circ.)
décédés se soient trouvées parmi celles dont il est fait retour à la mairie et aux bureaux de vote, en application de l'article R. 25 du code électoral, ne présente, contrairement aux allégations du requérant, aucun caractère anormal ; que la présence, sur la table d'un autre bureau de vote, d'enveloppes non réglementaires n'a pas non plus donné lieu à réclamation lors de l'établissement des procès-verbaux et ne saurait, en l'absence de tout élément de preuve, faire présumer des fraudes, sur la nature desquelles le requérant ne fournit, d'ailleurs, aucune précision ; qu'enfin, l'irrégularité prétendue d'un vote par correspondance et de deux autres suffrages validés par la commission de recensement serait, en tout état de cause, sans influence sur le résultat de l'élection ;4. Considérant qu'il résulte de ce qui précède, sans qu'il y ait lieu de procéder à l'enquête sollicitée par M. Waquet, que sa requête tendant à l'annulation des opérations électorales dans la première circonscription du Morbihan doit être rejetée.
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CONSTEXT000017665677_0
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CONSTEXT000017665677
| 0 |
DC
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Conformité
|
Loi relative aux conséquences de l'autodétermination des îles des Comores
|
75-59
|
1975-12-30
|
Le Conseil constitutionnel,
Saisi le 17 décembre 1975 par MM Alain VIVIEN, Gaston DEFFERRE, André GUERLIN, Alex RAYMOND, Pierre LAGORCE, Alain BONNET, Fernand SAUZEDDE, Jacques-Antoine GAU, Maurice ANDRIEU, Alain SAVARY, Antoine GAYRAUD, Louis DARINOT, Robert CAPDEVILLE, Louis BESSON, Christian LAURISSERGUES, André BOULLOCHE, Raoul BAYOU, Joseph FRANCESCHI, Robert AUMONT, Guy BECK, Pierre JOXE, André DELEHEDDE, Pierre MAUROY, Jean BERNARD, Maurice MASQUERE, Yves ALLAINMAT, Marcel MASSOT, Henri LAVIELLE, Henri MICHEL, Georges FRECHE, André GRAVELLE, André BILLOUX, Jean MASSE, Claude DELORME, Jean-Pierre CHEVENEMENT, Pierre GAUDIN, Maurice LEGENDRE, Paul ALDUY, Jean-Pierre COT, Gilbert SCHWARTZ, Guy DUCOLONE, Mme Hélène CONSTANS, M Lucien VILLA, Mme Jacqueline CHONAVEL, MM Roger GOUHIER, René LAMPS, Dominique FRELAUT, Roger COMBRISSON, Pierre CHARLES, Jack RALITE, Yves LE FOLL, Paul BALMIGERE, Claude WEBER, Pierre ARRAUT, Gilbert MILLET, Emile JOURDAN, Claude MICHEL, députés à l'Assemblée nationale, dans les conditions prévues à l'article 61 de la Constitution, du texte de la loi relative aux conséquences de l'autodétermination des îles des Comores, telle que cette loi a été adoptée par le Parlement ;
Vu la Constitution ;
Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Ouï le rapporteur en son rapport ;
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Loi relative aux conséquences de l'autodétermination des îles des Comores
Le Conseil constitutionnel,
Saisi le 17 décembre 1975 par MM Alain VIVIEN, Gaston DEFFERRE, André GUERLIN, Alex RAYMOND, Pierre LAGORCE, Alain BONNET, Fernand SAUZEDDE, Jacques-Antoine GAU, Maurice ANDRIEU, Alain SAVARY, Antoine GAYRAUD, Louis DARINOT, Robert CAPDEVILLE, Louis BESSON, Christian LAURISSERGUES, André BOULLOCHE, Raoul BAYOU, Joseph FRANCESCHI, Robert AUMONT, Guy BECK, Pierre JOXE, André DELEHEDDE, Pierre MAUROY, Jean BERNARD, Maurice MASQUERE, Yves ALLAINMAT, Marcel MASSOT, Henri LAVIELLE, Henri MICHEL, Georges FRECHE, André GRAVELLE, André BILLOUX, Jean MASSE, Claude DELORME, Jean-Pierre CHEVENEMENT, Pierre GAUDIN, Maurice LEGENDRE, Paul ALDUY, Jean-Pierre COT, Gilbert SCHWARTZ, Guy DUCOLONE, Mme Hélène CONSTANS, M Lucien VILLA, Mme Jacqueline CHONAVEL, MM Roger GOUHIER, René LAMPS, Dominique FRELAUT, Roger COMBRISSON, Pierre CHARLES, Jack RALITE, Yves LE FOLL, Paul BALMIGERE, Claude WEBER, Pierre ARRAUT, Gilbert MILLET, Emile JOURDAN, Claude MICHEL, députés à l'Assemblée nationale, dans les conditions prévues à l'article 61 de la Constitution, du texte de la loi relative aux conséquences de l'autodétermination des îles des Comores, telle que cette loi a été adoptée par le Parlement ;
Vu la Constitution ;
Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Ouï le rapporteur en son rapport ;
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CONSTEXT000017665677_1
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CONSTEXT000017665677
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DC
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Conformité
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Loi relative aux conséquences de l'autodétermination des îles des Comores
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75-59
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1975-12-30
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Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Ouï le rapporteur en son rapport ;
1. Considérant que l'article 53, dernier alinéa, de la Constitution, dispose : "Nulle cession, nul échange, nulle adjonction de territoire n'est valable sans le consentement des populations intéressés" ;
2. Considérant que les dispositions de cet article doivent être interprétées comme étant applicables, non seulement dans l'hypothèse où la France céderait à un État étranger ou bien acquerrait de celui-ci un territoire, mais aussi dans l'hypothèse où un territoire cesserait d'appartenir à la République pour constituer un État indépendant ou y être rattaché ;
3. Considérant que l'île de Mayotte est un territoire au sens de l'article 53, dernier alinéa, de la Constitution, ce terme n'ayant pas dans cet article la même signification juridique que dans l'expression territoire d'Outre-Mer, telle qu'elle est employée dans la Constitution ;
4. Considérant, en conséquence, que cette île ne saurait sortir de la République française sans le consentement de sa propre population ; que, dès lors, les articles premier et 2 de la loi déférée au Conseil constitutionnel font une exacte application de l'article 53, dernier alinéa, de la Constitution ;
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Loi relative aux conséquences de l'autodétermination des îles des Comores
Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Ouï le rapporteur en son rapport ;
1. Considérant que l'article 53, dernier alinéa, de la Constitution, dispose : "Nulle cession, nul échange, nulle adjonction de territoire n'est valable sans le consentement des populations intéressés" ;
2. Considérant que les dispositions de cet article doivent être interprétées comme étant applicables, non seulement dans l'hypothèse où la France céderait à un État étranger ou bien acquerrait de celui-ci un territoire, mais aussi dans l'hypothèse où un territoire cesserait d'appartenir à la République pour constituer un État indépendant ou y être rattaché ;
3. Considérant que l'île de Mayotte est un territoire au sens de l'article 53, dernier alinéa, de la Constitution, ce terme n'ayant pas dans cet article la même signification juridique que dans l'expression territoire d'Outre-Mer, telle qu'elle est employée dans la Constitution ;
4. Considérant, en conséquence, que cette île ne saurait sortir de la République française sans le consentement de sa propre population ; que, dès lors, les articles premier et 2 de la loi déférée au Conseil constitutionnel font une exacte application de l'article 53, dernier alinéa, de la Constitution ;
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CONSTEXT000017665677_2
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CONSTEXT000017665677
| 2 |
DC
|
Conformité
|
Loi relative aux conséquences de l'autodétermination des îles des Comores
|
75-59
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1975-12-30
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5. Considérant que cette loi n'a pour objet, dans aucune de ses dispositions, de définir ou de modifier l'organisation particulière d'un territoire d'Outre-Mer ; qu'en conséquence l'article 74 ne saurait recevoir application dans le cas de l'espèce ;
6. Considérant que l'île de Mayotte fait partie de la République française ; que cette constatation ne peut être faite que dans le cadre de la Constitution, nonobstant toute intervention d'une instance internationale, et que les dispositions de la loi déférée au Conseil constitutionnel qui concernent cette île ne mettent en cause aucune règle du droit public international ;
7. Considérant que le Préambule de la Constitution du 27 octobre 1946, confirmé par celui de la Constitution du 4 octobre 1958, déclare que la République française n'emploiera jamais ses forces contre la liberté d'aucun peuple ;
8. Considérant qu'aucune des dispositions de la loi déférée au Conseil constitutionnel ne tend à l'emploi des forces de la République contre la liberté de quelque peuple que ce soit ; que, bien au contraire, son article 8 dispose "les îles de la Grande Comore, d'Anjouan et de Mohéli", dont les populations se sont prononcées, à la majorité des suffrages exprimés, pour l'indépendance, "cessent, à compter de la promulgation de la présente loi, de faire partie de la République française" ;
9. Considérant que les autres dispositions de ce texte ne sont contraires à aucune disposition de la Constitution ;
|
Loi relative aux conséquences de l'autodétermination des îles des Comores
5. Considérant que cette loi n'a pour objet, dans aucune de ses dispositions, de définir ou de modifier l'organisation particulière d'un territoire d'Outre-Mer ; qu'en conséquence l'article 74 ne saurait recevoir application dans le cas de l'espèce ;
6. Considérant que l'île de Mayotte fait partie de la République française ; que cette constatation ne peut être faite que dans le cadre de la Constitution, nonobstant toute intervention d'une instance internationale, et que les dispositions de la loi déférée au Conseil constitutionnel qui concernent cette île ne mettent en cause aucune règle du droit public international ;
7. Considérant que le Préambule de la Constitution du 27 octobre 1946, confirmé par celui de la Constitution du 4 octobre 1958, déclare que la République française n'emploiera jamais ses forces contre la liberté d'aucun peuple ;
8. Considérant qu'aucune des dispositions de la loi déférée au Conseil constitutionnel ne tend à l'emploi des forces de la République contre la liberté de quelque peuple que ce soit ; que, bien au contraire, son article 8 dispose "les îles de la Grande Comore, d'Anjouan et de Mohéli", dont les populations se sont prononcées, à la majorité des suffrages exprimés, pour l'indépendance, "cessent, à compter de la promulgation de la présente loi, de faire partie de la République française" ;
9. Considérant que les autres dispositions de ce texte ne sont contraires à aucune disposition de la Constitution ;
|
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CONSTEXT000017666369_38
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CONSTEXT000017666369
| 38 |
DC
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Non conformité partielle
|
Loi relative à la maîtrise de l'immigration et aux conditions d'entrée, d'accueil et de séjour des étrangers en France
|
93-325
|
1993-08-13
|
"Des demandeurs d'asile" qui comporte cinq articles, 31, 31 bis, 32, 32 bis et 32 ter ; qu'il fixe les conditions dans lesquelles l'admission en France d'un demandeur d'asile peut être refusée et les modalités selon lesquelles, lorsqu'un tel refus n'est pas opposé, un titre de séjour est délivré à l'intéressé et peut, le cas échéant, lui être retiré ou ne pas être renouvelé ; qu'il détermine les garanties relatives au maintien sur le territoire français de l'intéressé tant que la qualité de réfugié ne lui a pas été reconnue ; 83. Considérant que les députés, auteurs de la seconde saisine, font valoir que cet article porte atteinte aux garanties légales du droit d'asile, principe de caractère constitutionnel, en ce qu'il permet le refus de l'asile en vertu des stipulations des Conventions de Schengen et de Dublin ou d'autres conventions à venir de même contenu alors que le quatrième alinéa du Préambule de la Constitution de 1946 n'autorise nullement cette importante restriction ; que cet article conduit les préfets à empiéter sur les compétences de l'office français de protection des réfugiés et apatrides et de la Commission des recours ; qu'il refuse au demandeur d'asile non admis au séjour qui s'est heurté à un refus de l'office le droit de se maintenir sur le territoire national jusqu'à ce que la Commission des recours ait statué sur son cas ; que ces dispositions constituent en outre des violations des principes des droits de la défense et du droit au recours ; 84.
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Loi relative à la maîtrise de l'immigration et aux conditions d'entrée, d'accueil et de séjour des étrangers en France
"Des demandeurs d'asile" qui comporte cinq articles, 31, 31 bis, 32, 32 bis et 32 ter ; qu'il fixe les conditions dans lesquelles l'admission en France d'un demandeur d'asile peut être refusée et les modalités selon lesquelles, lorsqu'un tel refus n'est pas opposé, un titre de séjour est délivré à l'intéressé et peut, le cas échéant, lui être retiré ou ne pas être renouvelé ; qu'il détermine les garanties relatives au maintien sur le territoire français de l'intéressé tant que la qualité de réfugié ne lui a pas été reconnue ; 83. Considérant que les députés, auteurs de la seconde saisine, font valoir que cet article porte atteinte aux garanties légales du droit d'asile, principe de caractère constitutionnel, en ce qu'il permet le refus de l'asile en vertu des stipulations des Conventions de Schengen et de Dublin ou d'autres conventions à venir de même contenu alors que le quatrième alinéa du Préambule de la Constitution de 1946 n'autorise nullement cette importante restriction ; que cet article conduit les préfets à empiéter sur les compétences de l'office français de protection des réfugiés et apatrides et de la Commission des recours ; qu'il refuse au demandeur d'asile non admis au séjour qui s'est heurté à un refus de l'office le droit de se maintenir sur le territoire national jusqu'à ce que la Commission des recours ait statué sur son cas ; que ces dispositions constituent en outre des violations des principes des droits de la défense et du droit au recours ; 84.
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CONSTEXT000017665677_3
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CONSTEXT000017665677
| 3 |
DC
|
Conformité
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Loi relative aux conséquences de l'autodétermination des îles des Comores
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75-59
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1975-12-30
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9. Considérant que les autres dispositions de ce texte ne sont contraires à aucune disposition de la Constitution ;
10. Considérant qu'il résulte de tout ce qui précède que la loi relative aux conséquences de l'autodétermination des îles des Comores ne contredit aucune disposition du Préambule de la Constitution, aucun des textes auquel ce Préambule fait référence, ni aucun article de la Constitution ;
Décide :
Article premier :Les dispositions de la loi relative aux conséquences de l'autodétermination des îles des Comores déférée au Conseil constitutionnel ne sont pas contraires à la Constitution.
Article 2 :La présente décision sera publiée au Journal officiel de la République.
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Loi relative aux conséquences de l'autodétermination des îles des Comores
9. Considérant que les autres dispositions de ce texte ne sont contraires à aucune disposition de la Constitution ;
10. Considérant qu'il résulte de tout ce qui précède que la loi relative aux conséquences de l'autodétermination des îles des Comores ne contredit aucune disposition du Préambule de la Constitution, aucun des textes auquel ce Préambule fait référence, ni aucun article de la Constitution ;
Décide :
Article premier :Les dispositions de la loi relative aux conséquences de l'autodétermination des îles des Comores déférée au Conseil constitutionnel ne sont pas contraires à la Constitution.
Article 2 :La présente décision sera publiée au Journal officiel de la République.
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CONSTEXT000017665630_0
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CONSTEXT000017665630
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SEN
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Rejet
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Sénat, Territoire des Iles Wallis-et-Futuna
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71-576
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1972-01-27
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Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Henry LOSTE, demeurant 27, rue Marbeuf à Paris (8°), ladite requête enregistrée au secrétariat général du Conseil constitutionnel le 6 octobre 1971 et tendant à ce qu'il plaise au Conseil statuer sur les élections auxquelles il a été procédé le 26 septembre 1971 dans le territoire des îles Wallis et Futuna pour la désignation d'un sénateur ;Vu le mémoire en défense présenté par M. MAKEPE PAPILIO, sénateur, enregistré au secrétariat général du Conseil constitutionnel le 21 octobre 1971 ;Vu le mémoire en réplique présenté pour M. LOSTE, enregistré au secrétariat général du Conseil constitutionnel le 9 novembre 1971 ;Vu le mémoire en duplique présenté par M. MAKEPE PAPILIO, enregistré au secrétariat général du Conseil constitutionnel le 13 décembre 1971 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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Sénat, Territoire des Iles Wallis-et-Futuna
Le Conseil constitutionnel,
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Henry LOSTE, demeurant 27, rue Marbeuf à Paris (8°), ladite requête enregistrée au secrétariat général du Conseil constitutionnel le 6 octobre 1971 et tendant à ce qu'il plaise au Conseil statuer sur les élections auxquelles il a été procédé le 26 septembre 1971 dans le territoire des îles Wallis et Futuna pour la désignation d'un sénateur ;Vu le mémoire en défense présenté par M. MAKEPE PAPILIO, sénateur, enregistré au secrétariat général du Conseil constitutionnel le 21 octobre 1971 ;Vu le mémoire en réplique présenté pour M. LOSTE, enregistré au secrétariat général du Conseil constitutionnel le 9 novembre 1971 ;Vu le mémoire en duplique présenté par M. MAKEPE PAPILIO, enregistré au secrétariat général du Conseil constitutionnel le 13 décembre 1971 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
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CONSTEXT000017665671_0
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CONSTEXT000017665671
| 0 |
AN
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Rejet
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A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
Le Conseil constitutionnel,
Vu 1'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Paul Lacave, pharmacien, demeurant à Capesterre-de-Guadeloupe, 45, rue de la Liberté, ladite requête enregistrée le 20 mais 1973 à la préfecture de la Guadeloupe et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé le 11 mars 1973 dans la deuxième circonscription de la Guadeloupe pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Frédéric Jalton, député, lesdites observations enregistrées le 12 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées pour M.Paul Lacave, lesdites observations enregistrées comme ci-dessus le 7 mai 1973 ;Vu les observations en duplique présentées par M. Frédéric Jalton, député, lesdites observations enregistrées comme ci-dessus le 15 mai 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées le 2 octobre 1973 au secrétariat général du Conseil constitutionnel ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur pris son rapport ;
|
A.N., Guadeloupe (2ème circ.)
Le Conseil constitutionnel,
Vu 1'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu la requête présentée par M. Paul Lacave, pharmacien, demeurant à Capesterre-de-Guadeloupe, 45, rue de la Liberté, ladite requête enregistrée le 20 mais 1973 à la préfecture de la Guadeloupe et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé le 11 mars 1973 dans la deuxième circonscription de la Guadeloupe pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Frédéric Jalton, député, lesdites observations enregistrées le 12 avril 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations en réplique présentées pour M.Paul Lacave, lesdites observations enregistrées comme ci-dessus le 7 mai 1973 ;Vu les observations en duplique présentées par M. Frédéric Jalton, député, lesdites observations enregistrées comme ci-dessus le 15 mai 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées le 2 octobre 1973 au secrétariat général du Conseil constitutionnel ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur pris son rapport ;
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CONSTEXT000017665671_1
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CONSTEXT000017665671
| 1 |
AN
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Rejet
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A.N., Guadeloupe (2ème circ.)
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73-690
|
1973-10-25
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Sur les griefs relatifs à la campagne électorale :1. Considérant, d'une part, que les affirmations du requérant relatives à l'affichage excessif effectué en faveur de M. Jalton et la prétendue partialité de l'O.R.T.F. ne sont corroborées par aucun élément de preuve ; que l'appui accordé à ce candidat par un journal local ne constitue pas une infraction aux dispositions du code électoral, aucune disposition législative ou réglementaire n'interdisant les prises de position politique de la presse dans les campagnes électorales ;2. Considérant, d'autre part, que les allégations jugées. par le requérant diffamatoires que M. Jalton aurait portées contre lui en public, n'ont pu être de nature, dans les circonstances de l'affaire, à modifier le résultat du scrutin, alors surtout que celle qui a été formulée la veille du scrutin n'a fait que reprendre une polémique déjà ancienne à laquelle l'intéressé avait été en mesure de répondre ;Sur les griefs relatifs à la composition des bureaux de vote :3. Considérant qu'il n'est pas établi qu'un assesseur ait fait défaut au onzième bureau de vote de la commune des Abymes, ni que les assesseurs et délégués désignés par le requérant dans les bureaux de vote de la commune de Morne-à-l'Eau aient été empêchés d'exercer leurs fonctions ; que s'il est constant qu'un délégué titulaire a été expulsé au deuxième bureau de la commune du Lamentin, il résulte des assertions non contredites du candidat élu que l'intéressé avait provoqué des incidents, et
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A.N., Guadeloupe (2ème circ.)
Sur les griefs relatifs à la campagne électorale :1. Considérant, d'une part, que les affirmations du requérant relatives à l'affichage excessif effectué en faveur de M. Jalton et la prétendue partialité de l'O.R.T.F. ne sont corroborées par aucun élément de preuve ; que l'appui accordé à ce candidat par un journal local ne constitue pas une infraction aux dispositions du code électoral, aucune disposition législative ou réglementaire n'interdisant les prises de position politique de la presse dans les campagnes électorales ;2. Considérant, d'autre part, que les allégations jugées. par le requérant diffamatoires que M. Jalton aurait portées contre lui en public, n'ont pu être de nature, dans les circonstances de l'affaire, à modifier le résultat du scrutin, alors surtout que celle qui a été formulée la veille du scrutin n'a fait que reprendre une polémique déjà ancienne à laquelle l'intéressé avait été en mesure de répondre ;Sur les griefs relatifs à la composition des bureaux de vote :3. Considérant qu'il n'est pas établi qu'un assesseur ait fait défaut au onzième bureau de vote de la commune des Abymes, ni que les assesseurs et délégués désignés par le requérant dans les bureaux de vote de la commune de Morne-à-l'Eau aient été empêchés d'exercer leurs fonctions ; que s'il est constant qu'un délégué titulaire a été expulsé au deuxième bureau de la commune du Lamentin, il résulte des assertions non contredites du candidat élu que l'intéressé avait provoqué des incidents, et
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CONSTEXT000017665671_2
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CONSTEXT000017665671
| 2 |
AN
|
Rejet
|
A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
constant qu'un délégué titulaire a été expulsé au deuxième bureau de la commune du Lamentin, il résulte des assertions non contredites du candidat élu que l'intéressé avait provoqué des incidents, et a été remplacé par un délégué suppléant qui a d'ailleurs signé le procès-verbal ; que, si l'assesseur désigné par le requérants n'était pas présent à l'ouverture du quatrième bureau du Lamentin, - ouverture dont il n'est pas établi qu'elle ait eu lieu avant l'heure réglementaire - il a pu être remplacé par un partisan de M. Lacave qui a signé le procès-verbal ainsi que le délègue de ce candidat ;Sur les griefs relatifs au déroulement du scrutin :4. Considérant, en premier lieu, que s'il est constant qu'aucun bulletin réglementaire au nom de M. Lacave n'était disponible dans les deux bureaux de la commune insulaire de Terre-de-Bas, il résulte de l'instruction que ces bulletins n'étaient parvenus en temps utile ni à la commission de propagande, ni à la mairie, et que les représentants locaux du requérant, invités le jour du scrutin par le président du premier bureau à déposer ces bulletins d'urgence, n'ont pu ou voulu déférer à cette invitation ; que, dans ces conditions, l'absence desdits bulletins, compte tenu au surplus de l'écart important qui sépare les deux candidats, n'a pas été de nature à fausser les résultats du scrutin ;5. Considérant, en second lieu, que les allégations relatives au désordre qui aurait régné au premier bureau de vote du Lamentin et à la non-fermeture
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A.N., Guadeloupe (2ème circ.)
constant qu'un délégué titulaire a été expulsé au deuxième bureau de la commune du Lamentin, il résulte des assertions non contredites du candidat élu que l'intéressé avait provoqué des incidents, et a été remplacé par un délégué suppléant qui a d'ailleurs signé le procès-verbal ; que, si l'assesseur désigné par le requérants n'était pas présent à l'ouverture du quatrième bureau du Lamentin, - ouverture dont il n'est pas établi qu'elle ait eu lieu avant l'heure réglementaire - il a pu être remplacé par un partisan de M. Lacave qui a signé le procès-verbal ainsi que le délègue de ce candidat ;Sur les griefs relatifs au déroulement du scrutin :4. Considérant, en premier lieu, que s'il est constant qu'aucun bulletin réglementaire au nom de M. Lacave n'était disponible dans les deux bureaux de la commune insulaire de Terre-de-Bas, il résulte de l'instruction que ces bulletins n'étaient parvenus en temps utile ni à la commission de propagande, ni à la mairie, et que les représentants locaux du requérant, invités le jour du scrutin par le président du premier bureau à déposer ces bulletins d'urgence, n'ont pu ou voulu déférer à cette invitation ; que, dans ces conditions, l'absence desdits bulletins, compte tenu au surplus de l'écart important qui sépare les deux candidats, n'a pas été de nature à fausser les résultats du scrutin ;5. Considérant, en second lieu, que les allégations relatives au désordre qui aurait régné au premier bureau de vote du Lamentin et à la non-fermeture
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CONSTEXT000017665671_3
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CONSTEXT000017665671
| 3 |
AN
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Rejet
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A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
de nature à fausser les résultats du scrutin ;5. Considérant, en second lieu, que les allégations relatives au désordre qui aurait régné au premier bureau de vote du Lamentin et à la non-fermeture de l'urne dans ce bureau ne sont confirmées que par les délégués et assesseurs du candidat, alors qu'aucune mention en ce sens ne figure au Procès-verbal ;6. Considérant, en troisième lieu, qu'il n'est établi, ni que des électeurs régulièrement inscrits aient été empêchés de voter à Morne-à-l'Eau, ni que des procurations aient été irrégulièrement établies et utilisées au nom de certains électeurs de cette commune ;7. Considérant, enfin, qu'il résulte de l'instruction que dans plusieurs bureaux, de nombreux électeurs ont voté sans passer par l'isoloir ou sans que leur identité soit contrôlée ; que, toute fois, dans les circonstances en l'espèce, ces irrégularités n'ont pas été de nature à modifier les résultats du scrutin ;Sur les griefs relatifs aux émargements et aux votes fictifs :8. Considérant que, si le requérant cite quelques électeurs dont les noms ont été émargés alors que, selon lui, ils étaient décédés, absents, ou n'ont pas voté et s'il soutient qu'une certaine quantité de cartes électorales auraient été conservées par le maire de Morne-à-l'Eau pour permettre des votes fictifs, il ne justifie nullement du bien fondé de ces affirmations ;9. Considérant que, s'il est constant que le procès-verbal du deuxième bureau du Lamentin mentionne 817 émargements alors que ceux-ci
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A.N., Guadeloupe (2ème circ.)
de nature à fausser les résultats du scrutin ;5. Considérant, en second lieu, que les allégations relatives au désordre qui aurait régné au premier bureau de vote du Lamentin et à la non-fermeture de l'urne dans ce bureau ne sont confirmées que par les délégués et assesseurs du candidat, alors qu'aucune mention en ce sens ne figure au Procès-verbal ;6. Considérant, en troisième lieu, qu'il n'est établi, ni que des électeurs régulièrement inscrits aient été empêchés de voter à Morne-à-l'Eau, ni que des procurations aient été irrégulièrement établies et utilisées au nom de certains électeurs de cette commune ;7. Considérant, enfin, qu'il résulte de l'instruction que dans plusieurs bureaux, de nombreux électeurs ont voté sans passer par l'isoloir ou sans que leur identité soit contrôlée ; que, toute fois, dans les circonstances en l'espèce, ces irrégularités n'ont pas été de nature à modifier les résultats du scrutin ;Sur les griefs relatifs aux émargements et aux votes fictifs :8. Considérant que, si le requérant cite quelques électeurs dont les noms ont été émargés alors que, selon lui, ils étaient décédés, absents, ou n'ont pas voté et s'il soutient qu'une certaine quantité de cartes électorales auraient été conservées par le maire de Morne-à-l'Eau pour permettre des votes fictifs, il ne justifie nullement du bien fondé de ces affirmations ;9. Considérant que, s'il est constant que le procès-verbal du deuxième bureau du Lamentin mentionne 817 émargements alors que ceux-ci
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CONSTEXT000017665671_4
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CONSTEXT000017665671
| 4 |
AN
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Rejet
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A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
il ne justifie nullement du bien fondé de ces affirmations ;9. Considérant que, s'il est constant que le procès-verbal du deuxième bureau du Lamentin mentionne 817 émargements alors que ceux-ci étaient en réalité au nombre de 624, il s'agit d'un grief nouveau présenté tardivement ; qu'au surplus, la rectification qui en résulterait au détriment de M. Jalton, ainsi que la rectification analogue qui s'imposerait pour le même motif - à raison de 25 voix - au cinquième bureau de la commune des Abymes, seraient sans influence sur le résultat du scrutin ;10. Considérant que, si le requérant soutient que le président du quatrième bureau de vote du Lamentin a été surpris en train d'introduire dans l'urne des enveloppes toutes préparées dont certaines auraient été saisies par ses adversaires, le procès-verbal de ce bureau se borne à mentionner que le délégué de M. Lacave a remis à un candidat du premier tour "des enveloppes en sa possession" sans que l'incident soit autrement établi que par une attestation dudit délégué et de son suppléant ; que, d'ailleurs, les résultats de ce bureau ont donné la majorité à M. Lacave au deuxième tour ;Sur le grief relatif au dénombrement des suffrages et à l'établissement du procès-verbal :11. Considérant que l'affirmation selon laquelle, au premier bureau de la commune du Lamentin, les bulletins auraient été dénombrés avant les émargements, et que la rédaction du procès-verbal aurait été effectuée dans un autre local où la liste d'émargement aurait
|
A.N., Guadeloupe (2ème circ.)
il ne justifie nullement du bien fondé de ces affirmations ;9. Considérant que, s'il est constant que le procès-verbal du deuxième bureau du Lamentin mentionne 817 émargements alors que ceux-ci étaient en réalité au nombre de 624, il s'agit d'un grief nouveau présenté tardivement ; qu'au surplus, la rectification qui en résulterait au détriment de M. Jalton, ainsi que la rectification analogue qui s'imposerait pour le même motif - à raison de 25 voix - au cinquième bureau de la commune des Abymes, seraient sans influence sur le résultat du scrutin ;10. Considérant que, si le requérant soutient que le président du quatrième bureau de vote du Lamentin a été surpris en train d'introduire dans l'urne des enveloppes toutes préparées dont certaines auraient été saisies par ses adversaires, le procès-verbal de ce bureau se borne à mentionner que le délégué de M. Lacave a remis à un candidat du premier tour "des enveloppes en sa possession" sans que l'incident soit autrement établi que par une attestation dudit délégué et de son suppléant ; que, d'ailleurs, les résultats de ce bureau ont donné la majorité à M. Lacave au deuxième tour ;Sur le grief relatif au dénombrement des suffrages et à l'établissement du procès-verbal :11. Considérant que l'affirmation selon laquelle, au premier bureau de la commune du Lamentin, les bulletins auraient été dénombrés avant les émargements, et que la rédaction du procès-verbal aurait été effectuée dans un autre local où la liste d'émargement aurait
|
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CONSTEXT000017665635_7
|
CONSTEXT000017665635
| 7 |
AN
|
Rejet
|
A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
de telles allégations qui relèvent du contentieux de l'établissement de la liste électorale ;Sur le grief tiré de ce que certains votes par procuration. auraient été émis en violation des articles L.106 et L.107 du code électoral :10. Considérant que, si les requérants font état d'un nombre anormalement élevé de votes par procuration, ils ne citent, à l'appui de leurs allégations, d'autres chiffres que ceux du septième bureau de la commune de Saint-Joseph où, sur un total de 621 inscrits, 23 suffrages seulement auraient été exprimés par vote de vote par procuration ; que, d'ailleurs, aucune irrégularité n'est alléguée dans l'exercice de ces votes ; que, si le mandataire d'une dame Jamps a été empêché de voter, l'irrégularité alléguée est demeurée en tout état de cause sans influence sur le résultat du scrutin;En ce qui concerne le défaut de contrôle de l'identité des électeurs :11. Considérant que ce grief n'est appuyé dans les procès-verbaux d'aucune précision ni de la mention d'aucune irrégularité et que les assesseurs autorisés par l'article R.60 du code électoral à réclamer le cas échéant ces contrôles d'identité n'ont formulé aucune réclamation à ce sujet ;Sur les griefs tirés de ce que des pressions arbitrairement exercées sur des électeurs et de ce que d'autres auraient bénéficié de libéralités en nature en violation des articles L.106 et L.107 du code électoral :12. Considérant que les faits susénoncés allégués dans des attestations produites au soutien de la
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A.N., Réunion (3ème circ.)
de telles allégations qui relèvent du contentieux de l'établissement de la liste électorale ;Sur le grief tiré de ce que certains votes par procuration. auraient été émis en violation des articles L.106 et L.107 du code électoral :10. Considérant que, si les requérants font état d'un nombre anormalement élevé de votes par procuration, ils ne citent, à l'appui de leurs allégations, d'autres chiffres que ceux du septième bureau de la commune de Saint-Joseph où, sur un total de 621 inscrits, 23 suffrages seulement auraient été exprimés par vote de vote par procuration ; que, d'ailleurs, aucune irrégularité n'est alléguée dans l'exercice de ces votes ; que, si le mandataire d'une dame Jamps a été empêché de voter, l'irrégularité alléguée est demeurée en tout état de cause sans influence sur le résultat du scrutin;En ce qui concerne le défaut de contrôle de l'identité des électeurs :11. Considérant que ce grief n'est appuyé dans les procès-verbaux d'aucune précision ni de la mention d'aucune irrégularité et que les assesseurs autorisés par l'article R.60 du code électoral à réclamer le cas échéant ces contrôles d'identité n'ont formulé aucune réclamation à ce sujet ;Sur les griefs tirés de ce que des pressions arbitrairement exercées sur des électeurs et de ce que d'autres auraient bénéficié de libéralités en nature en violation des articles L.106 et L.107 du code électoral :12. Considérant que les faits susénoncés allégués dans des attestations produites au soutien de la
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CONSTEXT000017665671_5
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CONSTEXT000017665671
| 5 |
AN
|
Rejet
|
A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
de la commune du Lamentin, les bulletins auraient été dénombrés avant les émargements, et que la rédaction du procès-verbal aurait été effectuée dans un autre local où la liste d'émargement aurait été transportée et où les assesseurs et délégués de M. Lacave n'auraient pas eu accès, ne résulte que de la déclaration des intéressés et n'est confirmée par aucun autre élément de preuve ; que ce procès-verbal, qui ne comporte aucune observation, est revêtu de la signature de l'assesseur du requérant et du délégué du préfet, lequel a mentionné que les opérations se sont passées dans le calme ; qu'il n'est pas davantage établi que ce même assesseur ait été contraint, sous la menace, de signer ledit procès-verbal ainsi que le procès-verbal récapitulatif de la commune ;12. Considérant qu'il résulte de tout ce qui précède que la requête ne saurait être accueillie ;
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A.N., Guadeloupe (2ème circ.)
de la commune du Lamentin, les bulletins auraient été dénombrés avant les émargements, et que la rédaction du procès-verbal aurait été effectuée dans un autre local où la liste d'émargement aurait été transportée et où les assesseurs et délégués de M. Lacave n'auraient pas eu accès, ne résulte que de la déclaration des intéressés et n'est confirmée par aucun autre élément de preuve ; que ce procès-verbal, qui ne comporte aucune observation, est revêtu de la signature de l'assesseur du requérant et du délégué du préfet, lequel a mentionné que les opérations se sont passées dans le calme ; qu'il n'est pas davantage établi que ce même assesseur ait été contraint, sous la menace, de signer ledit procès-verbal ainsi que le procès-verbal récapitulatif de la commune ;12. Considérant qu'il résulte de tout ce qui précède que la requête ne saurait être accueillie ;
|
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CONSTEXT000017665671_6
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CONSTEXT000017665671
| 6 |
AN
|
Rejet
|
A.N., Guadeloupe (2ème circ.)
|
73-690
|
1973-10-25
|
Décide :Article premier :La requête susvisée de M. Lacave est rejetée.Art.2- La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 octobre 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
|
A.N., Guadeloupe (2ème circ.)
Décide :Article premier :La requête susvisée de M. Lacave est rejetée.Art.2- La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 octobre 1973, où siégeaient : MM. Gaston PALEWSKI, président, MONNET, REY, SAINTENY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET, LUCHAIRE.
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CONSTEXT000017666369_39
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CONSTEXT000017666369
| 39 |
DC
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Non conformité partielle
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Loi relative à la maîtrise de l'immigration et aux conditions d'entrée, d'accueil et de séjour des étrangers en France
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93-325
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1993-08-13
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national jusqu'à ce que la Commission des recours ait statué sur son cas ; que ces dispositions constituent en outre des violations des principes des droits de la défense et du droit au recours ; 84. Considérant que le respect du droit d'asile, principe de valeur constitutionnelle, implique d'une manière générale que l'étranger qui se réclame de ce droit soit autorisé à demeurer provisoirement sur le territoire jusqu'à ce qu'il ait été statué sur sa demande ; que sous réserve de la conciliation de cette exigence avec la sauvegarde de l'ordre public, l'admission au séjour qui lui est ainsi nécessairement consentie doit lui permettre d'exercer effectivement les droits de la défense qui constituent pour toutes les personnes, qu'elles soient de nationalité française, de nationalité étrangère ou apatrides, un droit fondamental à caractère constitutionnel ; 85. Considérant en premier lieu que l'article 31 bis de l'ordonnance du 2 novembre 1945 permet de refuser l'admission en France d'un demandeur d'asile dans différents cas "sous réserve du respect des dispositions de l'article 33 de la Convention de Genève du 28 juillet 1951..., modifiée par le protocole de New-York du 31 janvier 1967" ; que cette réserve doit s'entendre comme concernant l'ensemble des stipulations de cette convention susceptibles d'être appliquées ; qu'à défaut, la loi méconnaîtrait les dispositions de l'article 55 de la Constitution ; que sous cette réserve d'interprétation ladite disposition n'est pas
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Loi relative à la maîtrise de l'immigration et aux conditions d'entrée, d'accueil et de séjour des étrangers en France
national jusqu'à ce que la Commission des recours ait statué sur son cas ; que ces dispositions constituent en outre des violations des principes des droits de la défense et du droit au recours ; 84. Considérant que le respect du droit d'asile, principe de valeur constitutionnelle, implique d'une manière générale que l'étranger qui se réclame de ce droit soit autorisé à demeurer provisoirement sur le territoire jusqu'à ce qu'il ait été statué sur sa demande ; que sous réserve de la conciliation de cette exigence avec la sauvegarde de l'ordre public, l'admission au séjour qui lui est ainsi nécessairement consentie doit lui permettre d'exercer effectivement les droits de la défense qui constituent pour toutes les personnes, qu'elles soient de nationalité française, de nationalité étrangère ou apatrides, un droit fondamental à caractère constitutionnel ; 85. Considérant en premier lieu que l'article 31 bis de l'ordonnance du 2 novembre 1945 permet de refuser l'admission en France d'un demandeur d'asile dans différents cas "sous réserve du respect des dispositions de l'article 33 de la Convention de Genève du 28 juillet 1951..., modifiée par le protocole de New-York du 31 janvier 1967" ; que cette réserve doit s'entendre comme concernant l'ensemble des stipulations de cette convention susceptibles d'être appliquées ; qu'à défaut, la loi méconnaîtrait les dispositions de l'article 55 de la Constitution ; que sous cette réserve d'interprétation ladite disposition n'est pas
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CONSTEXT000017665684_0
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CONSTEXT000017665684
| 0 |
DC
|
Conformité
|
Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
|
77-87
|
1977-11-23
|
Le Conseil constitutionnel,Saisi le 27 octobre 1977, par MM Marcel CHAMPEIX, Jean NAYROU, Henri TOURNAN, Maxime JAVELLY, Félix CICCOLINI, André MERIC, Pierre GAUDIN, Robert LAUCOURNET, Pierre NOE, Emile DURIEUX, André BARROUX, Jean-Jacques PERRON, Edgar TAILHADES, Edgard PISANI, Michel MOREIGNE, Robert PONTILLON, Michel DARRAS, René DEBESSON, Paul MISTRAL, Henri DUFFAUT, Bernard CHOCHOY, Léon EECKHOUTTE, Gérard MINVIELLE, Bernard PARMANTIER, Gilbert BELIN, Philippe MACHEFER, Antoine ANDRIEUX, Robert SCHWINT, Charles ALLIES, Franck SERUSCLAT, Louis PERREIN, Marcel BREGEGERE, Georges DAYAN, Raymond COURRIERE, Jean GEOFFROY, Maurice PIC, Marcel SOUQUET, Jean PERIDIER, Maurice VERILLON, Louis LONGEQUEUE, Roger QUILLIOT, Noël BERRIER, Georges DAGONIA, Roland GRIMALDI, Tony LARUE, Pierre PETIT, Marcel MATHY, Abel SEMPLE, Georges SPENALE, Marcel DEBARGE, Roger RINCHET, Jacques CARAT, Jean VARLET, Claude FUZIER, René CHAZELLE, Albert PEN, Emile VIVIER, Melle Irma RAPUZZI, MM Léopold HEDER, Edouard SOLDANI, Emile DIDIER, Louis BRIVES, Jean MERCIER, Mme France LECHENAULT et M Jean BERANGER, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, du texte de la loi complémentaire à la loi du 31 décembre 1959 modifiée par la loi du 1er juin 1971 et relative à la liberté de l'enseignement, telle qu'elle a été adoptée par le Parlement, et notamment de ses articles premier et 3 ;
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
Le Conseil constitutionnel,Saisi le 27 octobre 1977, par MM Marcel CHAMPEIX, Jean NAYROU, Henri TOURNAN, Maxime JAVELLY, Félix CICCOLINI, André MERIC, Pierre GAUDIN, Robert LAUCOURNET, Pierre NOE, Emile DURIEUX, André BARROUX, Jean-Jacques PERRON, Edgar TAILHADES, Edgard PISANI, Michel MOREIGNE, Robert PONTILLON, Michel DARRAS, René DEBESSON, Paul MISTRAL, Henri DUFFAUT, Bernard CHOCHOY, Léon EECKHOUTTE, Gérard MINVIELLE, Bernard PARMANTIER, Gilbert BELIN, Philippe MACHEFER, Antoine ANDRIEUX, Robert SCHWINT, Charles ALLIES, Franck SERUSCLAT, Louis PERREIN, Marcel BREGEGERE, Georges DAYAN, Raymond COURRIERE, Jean GEOFFROY, Maurice PIC, Marcel SOUQUET, Jean PERIDIER, Maurice VERILLON, Louis LONGEQUEUE, Roger QUILLIOT, Noël BERRIER, Georges DAGONIA, Roland GRIMALDI, Tony LARUE, Pierre PETIT, Marcel MATHY, Abel SEMPLE, Georges SPENALE, Marcel DEBARGE, Roger RINCHET, Jacques CARAT, Jean VARLET, Claude FUZIER, René CHAZELLE, Albert PEN, Emile VIVIER, Melle Irma RAPUZZI, MM Léopold HEDER, Edouard SOLDANI, Emile DIDIER, Louis BRIVES, Jean MERCIER, Mme France LECHENAULT et M Jean BERANGER, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, du texte de la loi complémentaire à la loi du 31 décembre 1959 modifiée par la loi du 1er juin 1971 et relative à la liberté de l'enseignement, telle qu'elle a été adoptée par le Parlement, et notamment de ses articles premier et 3 ;
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CONSTEXT000017665684_1
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CONSTEXT000017665684
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DC
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Conformité
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
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77-87
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1977-11-23
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Vu la Constitution ;Vu l'ordonnance du 2 janvier 1959 portant loi organique relative aux lois de finances ;Vu la loi du 31 décembre 1959 sur les rapports entre l'Etat et les établissements d'enseignement privés ;Vu la loi du 1er juin 1971 modifiant la loi du 31 décembre 1959 sur les rapports entre l'Etat et les établissements d'enseignement privés ;Vu l'ordonnance du 7 novembre 1958, portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Ouï le rapporteur en son rapport ;
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
Vu la Constitution ;Vu l'ordonnance du 2 janvier 1959 portant loi organique relative aux lois de finances ;Vu la loi du 31 décembre 1959 sur les rapports entre l'Etat et les établissements d'enseignement privés ;Vu la loi du 1er juin 1971 modifiant la loi du 31 décembre 1959 sur les rapports entre l'Etat et les établissements d'enseignement privés ;Vu l'ordonnance du 7 novembre 1958, portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Ouï le rapporteur en son rapport ;
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CONSTEXT000017665684_2
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CONSTEXT000017665684
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DC
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Conformité
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
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77-87
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1977-11-23
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1. Considérant qu'aux termes de l'article 1er de la loi complémentaire à la loi du 31 décembre 1959 modifiée par la loi du 1er juin 1971 et relative à la liberté de l'enseignement, les maîtres auxquels est confiée la mission d'enseigner dans un établissement privé lié à l'État par contrat d'association sont tenus de respecter le caractère propre de cet établissement ;2. Considérant, d'une part, que la sauvegarde du caractère propre d'un établissement lié à l'État par contrat, notion reprise de l'article premier, 4e alinéa, de la loi du 31 décembre 1959 sur les rapports entre l'État et les établissements d'enseignement privés, n'est que la mise en oeuvre du principe de la liberté de l'enseignement ;3. Considérant que ce principe, qui a notamment été rappelé à l'article 91 de la loi de finances du 31 mars 1931, constitue l'un des principes fondamentaux reconnus par les lois de la République, réaffirmés par le Préambule de la Constitution de 1946 et auxquels la Constitution de 1958 a conféré valeur constitutionnelle ;4. Considérant que l'affirmation par le même Préambule de la Constitution de 1946 que "l'organisation de l'enseignement public gratuit et laïque à tous les degrés est un devoir de l'État" ne saurait exclure l'existence de l'enseignement privé, non plus que l'octroi d'une aide de l'État à cet enseignement dans des conditions définies par la loi ; que cette disposition du Préambule de la constitution de 1946 est donc sans influence sur la conformité à la Constitution
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
1. Considérant qu'aux termes de l'article 1er de la loi complémentaire à la loi du 31 décembre 1959 modifiée par la loi du 1er juin 1971 et relative à la liberté de l'enseignement, les maîtres auxquels est confiée la mission d'enseigner dans un établissement privé lié à l'État par contrat d'association sont tenus de respecter le caractère propre de cet établissement ;2. Considérant, d'une part, que la sauvegarde du caractère propre d'un établissement lié à l'État par contrat, notion reprise de l'article premier, 4e alinéa, de la loi du 31 décembre 1959 sur les rapports entre l'État et les établissements d'enseignement privés, n'est que la mise en oeuvre du principe de la liberté de l'enseignement ;3. Considérant que ce principe, qui a notamment été rappelé à l'article 91 de la loi de finances du 31 mars 1931, constitue l'un des principes fondamentaux reconnus par les lois de la République, réaffirmés par le Préambule de la Constitution de 1946 et auxquels la Constitution de 1958 a conféré valeur constitutionnelle ;4. Considérant que l'affirmation par le même Préambule de la Constitution de 1946 que "l'organisation de l'enseignement public gratuit et laïque à tous les degrés est un devoir de l'État" ne saurait exclure l'existence de l'enseignement privé, non plus que l'octroi d'une aide de l'État à cet enseignement dans des conditions définies par la loi ; que cette disposition du Préambule de la constitution de 1946 est donc sans influence sur la conformité à la Constitution
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CONSTEXT000017665637_0
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CONSTEXT000017665637
| 0 |
AN
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Rejet
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A.N., Moselle (2ème circ.)
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73-586/591
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1973-05-24
|
Le Conseil constitutionnel,
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A.N., Moselle (2ème circ.)
Le Conseil constitutionnel,
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CONSTEXT000017665684_3
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CONSTEXT000017665684
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DC
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Conformité
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
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77-87
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1977-11-23
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aide de l'État à cet enseignement dans des conditions définies par la loi ; que cette disposition du Préambule de la constitution de 1946 est donc sans influence sur la conformité à la Constitution de la loi soumise à l'examen du Conseil constitutionnel ;5. Considérant, d'autre part, qu'aux termes de l'article 10 de la Déclaration des Droits de l'Homme et du Citoyen de 1789 "Nul ne doit être inquiété pour ses opinions, même religieuses, pourvu que leur manifestation ne trouble pas l'ordre public établi par la loi" ; que le Préambule de la Constitution de 1946 rappelle que "Nul ne peut être lésé dans son travail ou son emploi en raison de ses origines, de ses opinions ou de ses croyances" ; que la liberté de conscience doit donc être regardée comme l'un des principes fondamentaux reconnus par les lois de la République ;6. Considérant qu'il résulte du rapprochement des dispositions de l'article 4, alinéa 2, de la loi du 31 décembre 1959, dans la rédaction nouvelle qui leur est donnée par la loi soumise à l'examen du Conseil constitutionnel, et de celles de l'article 1er de la loi du 31 décembre 1959 que l'obligation imposée aux maîtres de respecter le caractère propre de l'établissement, si elle leur fait un devoir de réserve, ne saurait être interprétée comme permettant une atteinte à leur liberté de conscience ;7. Considérant, enfin, que si la loi prévoit la prise en charge par l'État de dépenses relatives au fonctionnement d'établissements d'enseignement privés et à la
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
aide de l'État à cet enseignement dans des conditions définies par la loi ; que cette disposition du Préambule de la constitution de 1946 est donc sans influence sur la conformité à la Constitution de la loi soumise à l'examen du Conseil constitutionnel ;5. Considérant, d'autre part, qu'aux termes de l'article 10 de la Déclaration des Droits de l'Homme et du Citoyen de 1789 "Nul ne doit être inquiété pour ses opinions, même religieuses, pourvu que leur manifestation ne trouble pas l'ordre public établi par la loi" ; que le Préambule de la Constitution de 1946 rappelle que "Nul ne peut être lésé dans son travail ou son emploi en raison de ses origines, de ses opinions ou de ses croyances" ; que la liberté de conscience doit donc être regardée comme l'un des principes fondamentaux reconnus par les lois de la République ;6. Considérant qu'il résulte du rapprochement des dispositions de l'article 4, alinéa 2, de la loi du 31 décembre 1959, dans la rédaction nouvelle qui leur est donnée par la loi soumise à l'examen du Conseil constitutionnel, et de celles de l'article 1er de la loi du 31 décembre 1959 que l'obligation imposée aux maîtres de respecter le caractère propre de l'établissement, si elle leur fait un devoir de réserve, ne saurait être interprétée comme permettant une atteinte à leur liberté de conscience ;7. Considérant, enfin, que si la loi prévoit la prise en charge par l'État de dépenses relatives au fonctionnement d'établissements d'enseignement privés et à la
|
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CONSTEXT000017665684_4
|
CONSTEXT000017665684
| 4 |
DC
|
Conformité
|
Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
|
77-87
|
1977-11-23
|
à leur liberté de conscience ;7. Considérant, enfin, que si la loi prévoit la prise en charge par l'État de dépenses relatives au fonctionnement d'établissements d'enseignement privés et à la formation de leurs maîtres, elle ne contient aucune disposition contraire à la Constitution ou à l'ordonnance du 2 janvier 1959 portant loi organique relative aux lois de finances ;
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
à leur liberté de conscience ;7. Considérant, enfin, que si la loi prévoit la prise en charge par l'État de dépenses relatives au fonctionnement d'établissements d'enseignement privés et à la formation de leurs maîtres, elle ne contient aucune disposition contraire à la Constitution ou à l'ordonnance du 2 janvier 1959 portant loi organique relative aux lois de finances ;
|
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CONSTEXT000017665684_5
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CONSTEXT000017665684
| 5 |
DC
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Conformité
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
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77-87
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1977-11-23
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Décide :Article premier :La loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement est déclarée conforme à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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Loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement
Décide :Article premier :La loi complémentaire à la loi n° 59-1557 du 31 décembre 1959 modifiée par la loi n° 71-400 du 1er juin 1971 et relative à la liberté de l'enseignement est déclarée conforme à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017665675_0
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CONSTEXT000017665675
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DC
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Non conformité partielle
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
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75-56
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1975-07-23
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Le Conseil constitutionnel,
Saisi le 30 juin 1975 par MM Charles ALLIES, Auguste AMIC, Antoine ANDRIEUX, Clément BALESTRA, André BARROUX, Gilbert BELIN, Frédéric BOURGUET, Marcel BREGEGERE, Jacques CARAT, Marcel CHAMPEIX, René CHAZELLE, Bernard CHOCHOY, Félix CICCOLINI, Raymond Courrière, Maurice COUTROT, René DEBESSON, Emile DURIEUX, Fernand DUSSERT, Léon EECKHOUTTE, Jean GEOFFROY, Pierre GIRAUD, Maxime JAVELLY, Georges LAMOUSSE, Robert LAUCOURNET, Marcel MATHY, André MERIC, Gérard MINVIELLE, Paul MISTRAL, Michel MOREIGNE, Jean NAYROU, Albert PEN, Jean PERIDIER, Pierre PETIT, Maurice PIC, Victor PROVO, Roger QUILLIOT, Mlle Irma RAPUZZI, MM Robert SCHWINT, Abel SEMPE, Marcel SOUQUET, Edgar TAILHADES, Henri TOURNAN, Jean VARLET, Maurice VERILLON, Emile VIVIER, Léopold HEDER, Edgard PISANI, Fernand POIGNANT, Louis BRIVES, Louis NAMY, Emile DIDIER, Edouard GRANGIER, Paul JARGOT, Pierre MARCILHACY, Guy SCHMAUS, Josy MOINET, René BILLERES, Auguste PINTON, Fernand LEFORT, Gérard EHLERS, Fernand CHATELAIN, Léandre LETOQUART, Louis VIRAPOULLE, Mme Hélène EDELINE, MM Pierre BROUSSE, Roger GAUDON, Mme Catherine LAGATU, MM James MARSON, Henri CAILLAVET, sénateurs, dans les conditions prévues à l'article 61 de la Constitution du texte de la loi modifiant et complétant certaines dispositions de procédure pénale, telle qu'elle a été adoptée par le Parlement ;
Vu la Constitution ;
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
Le Conseil constitutionnel,
Saisi le 30 juin 1975 par MM Charles ALLIES, Auguste AMIC, Antoine ANDRIEUX, Clément BALESTRA, André BARROUX, Gilbert BELIN, Frédéric BOURGUET, Marcel BREGEGERE, Jacques CARAT, Marcel CHAMPEIX, René CHAZELLE, Bernard CHOCHOY, Félix CICCOLINI, Raymond Courrière, Maurice COUTROT, René DEBESSON, Emile DURIEUX, Fernand DUSSERT, Léon EECKHOUTTE, Jean GEOFFROY, Pierre GIRAUD, Maxime JAVELLY, Georges LAMOUSSE, Robert LAUCOURNET, Marcel MATHY, André MERIC, Gérard MINVIELLE, Paul MISTRAL, Michel MOREIGNE, Jean NAYROU, Albert PEN, Jean PERIDIER, Pierre PETIT, Maurice PIC, Victor PROVO, Roger QUILLIOT, Mlle Irma RAPUZZI, MM Robert SCHWINT, Abel SEMPE, Marcel SOUQUET, Edgar TAILHADES, Henri TOURNAN, Jean VARLET, Maurice VERILLON, Emile VIVIER, Léopold HEDER, Edgard PISANI, Fernand POIGNANT, Louis BRIVES, Louis NAMY, Emile DIDIER, Edouard GRANGIER, Paul JARGOT, Pierre MARCILHACY, Guy SCHMAUS, Josy MOINET, René BILLERES, Auguste PINTON, Fernand LEFORT, Gérard EHLERS, Fernand CHATELAIN, Léandre LETOQUART, Louis VIRAPOULLE, Mme Hélène EDELINE, MM Pierre BROUSSE, Roger GAUDON, Mme Catherine LAGATU, MM James MARSON, Henri CAILLAVET, sénateurs, dans les conditions prévues à l'article 61 de la Constitution du texte de la loi modifiant et complétant certaines dispositions de procédure pénale, telle qu'elle a été adoptée par le Parlement ;
Vu la Constitution ;
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CONSTEXT000017665675_1
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CONSTEXT000017665675
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DC
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Non conformité partielle
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
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75-56
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1975-07-23
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Vu la Constitution ;
Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Vu le code de procédure pénale, notamment ses articles 398 et 398-1, tels qu'ils résultent de la loi du 29 décembre 1972 ;
Ouï le rapporteur en son rapport ;
1. Considérant que le Conseil constitutionnel a été, conformément à l'article 61 de la Constitution, régulièrement saisi par soixante-neuf sénateurs de la loi modifiant et complétant certaines dispositions de procédure pénale, spécialement du texte modifiant les articles 398 et 398-1 du code de procédure pénale ;
2. Considérant que les dispositions nouvelles de l'article 398-1 du code de procédure pénale laissent au président du tribunal de grande instance la faculté, en toutes matières relevant de la compétence du tribunal correctionnel à l'exception des délits de presse, de décider de manière discrétionnaire et sans recours si ce tribunal sera composé de trois magistrats, conformément à la règle posée par l'article 398 du code de procédure pénale, ou d'un seul de ces magistrats exerçant les pouvoirs conférés au président ;
3. Considérant que des affaires de même nature pourraient ainsi être jugées ou par un tribunal collégial ou par un juge unique, selon la décision du président de la juridiction ;
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
Vu la Constitution ;
Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;
Vu le code de procédure pénale, notamment ses articles 398 et 398-1, tels qu'ils résultent de la loi du 29 décembre 1972 ;
Ouï le rapporteur en son rapport ;
1. Considérant que le Conseil constitutionnel a été, conformément à l'article 61 de la Constitution, régulièrement saisi par soixante-neuf sénateurs de la loi modifiant et complétant certaines dispositions de procédure pénale, spécialement du texte modifiant les articles 398 et 398-1 du code de procédure pénale ;
2. Considérant que les dispositions nouvelles de l'article 398-1 du code de procédure pénale laissent au président du tribunal de grande instance la faculté, en toutes matières relevant de la compétence du tribunal correctionnel à l'exception des délits de presse, de décider de manière discrétionnaire et sans recours si ce tribunal sera composé de trois magistrats, conformément à la règle posée par l'article 398 du code de procédure pénale, ou d'un seul de ces magistrats exerçant les pouvoirs conférés au président ;
3. Considérant que des affaires de même nature pourraient ainsi être jugées ou par un tribunal collégial ou par un juge unique, selon la décision du président de la juridiction ;
|
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CONSTEXT000017665675_2
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CONSTEXT000017665675
| 2 |
DC
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Non conformité partielle
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
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75-56
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1975-07-23
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3. Considérant que des affaires de même nature pourraient ainsi être jugées ou par un tribunal collégial ou par un juge unique, selon la décision du président de la juridiction ;
4. Considérant qu'en conférant un tel pouvoir l'article 6 de la loi déférée au Conseil constitutionnel, en ce qu'il modifie l'article 398-1 du code de procédure pénale, met en cause, alors surtout qu'il s'agit d'une loi pénale, le principe d'égalité devant la justice qui est inclus dans le principe d'égalité devant la loi proclamé dans la Déclaration des Droits de l'homme de 1789 et solennellement réaffirmé par le préambule de la Constitution ;
5. Considérant, en effet, que le respect de ce principe fait obstacle à ce que des citoyens se trouvant dans des conditions semblables et poursuivis pour les mêmes infractions soient jugés par des juridictions composées selon des règles différentes ;
6. Considérant, enfin, que l'article 34 de la Constitution qui réserve à la loi le soin de fixer les règles concernant la procédure pénale, s'oppose à ce que le législateur, s'agissant d'une matière aussi fondamentale que celle des droits et libertés des citoyens, confie à une autre autorité l'exercice, dans les conditions ci-dessus rappelées, des attributions définies par les dispositions en cause de l'article 6 de la loi déférée au Conseil constitutionnel ;
7. Considérant que ces dispositions doivent donc être regardées comme non conformes à la Constitution ;
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
3. Considérant que des affaires de même nature pourraient ainsi être jugées ou par un tribunal collégial ou par un juge unique, selon la décision du président de la juridiction ;
4. Considérant qu'en conférant un tel pouvoir l'article 6 de la loi déférée au Conseil constitutionnel, en ce qu'il modifie l'article 398-1 du code de procédure pénale, met en cause, alors surtout qu'il s'agit d'une loi pénale, le principe d'égalité devant la justice qui est inclus dans le principe d'égalité devant la loi proclamé dans la Déclaration des Droits de l'homme de 1789 et solennellement réaffirmé par le préambule de la Constitution ;
5. Considérant, en effet, que le respect de ce principe fait obstacle à ce que des citoyens se trouvant dans des conditions semblables et poursuivis pour les mêmes infractions soient jugés par des juridictions composées selon des règles différentes ;
6. Considérant, enfin, que l'article 34 de la Constitution qui réserve à la loi le soin de fixer les règles concernant la procédure pénale, s'oppose à ce que le législateur, s'agissant d'une matière aussi fondamentale que celle des droits et libertés des citoyens, confie à une autre autorité l'exercice, dans les conditions ci-dessus rappelées, des attributions définies par les dispositions en cause de l'article 6 de la loi déférée au Conseil constitutionnel ;
7. Considérant que ces dispositions doivent donc être regardées comme non conformes à la Constitution ;
|
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CONSTEXT000017665675_3
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CONSTEXT000017665675
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DC
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Non conformité partielle
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
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75-56
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1975-07-23
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7. Considérant que ces dispositions doivent donc être regardées comme non conformes à la Constitution ;
8. Considérant, de plus, qu'elles sont inséparables de celles du même article 6, premier alinéa, de la loi déférée au Conseil constitutionnel, qui abrogent les trois derniers alinéas de l'article 398 du code de procédure pénale ;
9. Considérant qu'en l'état il n'y a lieu pour le Conseil constitutionnel de soulever aucune question de conformité à la Constitution en ce qui concerne les autres dispositions de la loi soumise à son examen ;
Décide :
Article premier :Sont déclarées non conformes à la Constitution les dispositions de l'article 6 de la loi modifiant et complétant certaines dispositions du code de procédure pénale en tant d'une part, qu'elles abrogent les trois derniers alinéas de l'article 398 du code de procédure pénale et, d'autre part, qu'elles abrogent et remplacent les dispositions de l'article 398-1 de ce code.
Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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Loi modifiant et complétant certaines dispositions de procédure pénale spécialement le texte modifiant les articles 398 et 398-1 du code de procédure pénale
7. Considérant que ces dispositions doivent donc être regardées comme non conformes à la Constitution ;
8. Considérant, de plus, qu'elles sont inséparables de celles du même article 6, premier alinéa, de la loi déférée au Conseil constitutionnel, qui abrogent les trois derniers alinéas de l'article 398 du code de procédure pénale ;
9. Considérant qu'en l'état il n'y a lieu pour le Conseil constitutionnel de soulever aucune question de conformité à la Constitution en ce qui concerne les autres dispositions de la loi soumise à son examen ;
Décide :
Article premier :Sont déclarées non conformes à la Constitution les dispositions de l'article 6 de la loi modifiant et complétant certaines dispositions du code de procédure pénale en tant d'une part, qu'elles abrogent les trois derniers alinéas de l'article 398 du code de procédure pénale et, d'autre part, qu'elles abrogent et remplacent les dispositions de l'article 398-1 de ce code.
Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017665635_1
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CONSTEXT000017665635
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AN
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Rejet
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A.N., Réunion (3ème circ.)
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73-584/593
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1973-10-11
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Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu 1° la requête présentée par M. Pierre-Raymond Hoarau, demeurant à Saint-Pierre, département de la Réunion, ladite requête enregistrée le 9 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé lé 4 mars 1973 dans la troisième circonscription de la Réunion pour la désignation d'un député à l'Assemblée nationale ;Vu 2° la requête présentée par M. Elie Hoarau, demeurant à Saint-Pierre, ladite requête enregistrée le 15 mars 1973 à la préfecture de la Réunion ;Vu 3° La requête présentée par M, Gaston Hoarau, demeurant à Piton-Saint-Leu, ladite requête enregistrée le 15 mars 1973 à la préfecture de la Réunion ;Vu les observations en défense présentées par M. Marcel Cerneau, député, lesdites observations enregistrées les 12 avril et 15 mai 1973 ait secrétariat général du Conseil constitutionnel;Vu les observations en réplique présentées pour M. Pierre-Raymond Hoarau, lesdites observations enregistrées comme ci-dessus le 16 mai 1973 ;Vu les observations en duplique présentées pour M. Marcel Cerneau, député, lesdites observations enregistrées comme ci-dessus le 2 juin 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées les 30 mai et 27 juin 1973 au secrétariat général
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A.N., Réunion (3ème circ.)
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu 1° la requête présentée par M. Pierre-Raymond Hoarau, demeurant à Saint-Pierre, département de la Réunion, ladite requête enregistrée le 9 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé lé 4 mars 1973 dans la troisième circonscription de la Réunion pour la désignation d'un député à l'Assemblée nationale ;Vu 2° la requête présentée par M. Elie Hoarau, demeurant à Saint-Pierre, ladite requête enregistrée le 15 mars 1973 à la préfecture de la Réunion ;Vu 3° La requête présentée par M, Gaston Hoarau, demeurant à Piton-Saint-Leu, ladite requête enregistrée le 15 mars 1973 à la préfecture de la Réunion ;Vu les observations en défense présentées par M. Marcel Cerneau, député, lesdites observations enregistrées les 12 avril et 15 mai 1973 ait secrétariat général du Conseil constitutionnel;Vu les observations en réplique présentées pour M. Pierre-Raymond Hoarau, lesdites observations enregistrées comme ci-dessus le 16 mai 1973 ;Vu les observations en duplique présentées pour M. Marcel Cerneau, député, lesdites observations enregistrées comme ci-dessus le 2 juin 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées les 30 mai et 27 juin 1973 au secrétariat général
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CONSTEXT000017665635_2
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CONSTEXT000017665635
| 2 |
AN
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Rejet
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A.N., Réunion (3ème circ.)
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73-584/593
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1973-10-11
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enregistrées comme ci-dessus le 2 juin 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées les 30 mai et 27 juin 1973 au secrétariat général du Conseil constitutionnel;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport;
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A.N., Réunion (3ème circ.)
enregistrées comme ci-dessus le 2 juin 1973 ;Vu les observations présentées par le Ministre des Départements et Territoires d'outre-mer, enregistrées les 30 mai et 27 juin 1973 au secrétariat général du Conseil constitutionnel;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport;
|
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CONSTEXT000017665635_3
|
CONSTEXT000017665635
| 3 |
AN
|
Rejet
|
A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
1. Considérant que les requêtes susvisées sont relatives aux mêmes opérations électorales ; que, par suite, il y a lieu de les joindre pour y être statué par une seule décision ;Sur les conclusions tendant à l'annulation du jugement du tribunal administratif de Saint-Denis en date du 1er mars 1973 et sur les griefs tirés de la décision du préfet de la Réunion refusant l'enregistrement de la candidature de M. Pierre-Raymond Hoarau :2. Considérant que, pour l'appréciation de la régularité des opérations préliminaires aux élections à l'Assemblée nationale, le tribunal administratif ne peut être saisi que par le préfet et dans les cas prévus par les articles L. 159 et L. 0. 160 du code électoral ; que la forclusion opposée au requérant est fondée sur les dispositions de, l'article L. 161 du même code ; qu'ainsi elle n'est pas au nombre des cas relevant de la compétence du tribunal administratif en vertu des dispositions des articles L. 159 et L. 0. 160 précités ; que, par suite, et à défaut de toute disposition sur ce point, il appartient au seul Conseil constitutionnel, juge de l'élection, d'en connaître ; que, dès lors, et même sans qu'il soit besoin de statuer sur la régularité de la composition du tribunal administratif de Saint-Denis, c'est légalement. que celui-ci, saisi par le requérant, s'est déclaré incompétent ;3. Considérant que l'article L. 158 du code électoral dispose que "chaque candidat doit verser. . . un cautionnement de 1.000 F" ; qu'aux termes de l'article
|
A.N., Réunion (3ème circ.)
1. Considérant que les requêtes susvisées sont relatives aux mêmes opérations électorales ; que, par suite, il y a lieu de les joindre pour y être statué par une seule décision ;Sur les conclusions tendant à l'annulation du jugement du tribunal administratif de Saint-Denis en date du 1er mars 1973 et sur les griefs tirés de la décision du préfet de la Réunion refusant l'enregistrement de la candidature de M. Pierre-Raymond Hoarau :2. Considérant que, pour l'appréciation de la régularité des opérations préliminaires aux élections à l'Assemblée nationale, le tribunal administratif ne peut être saisi que par le préfet et dans les cas prévus par les articles L. 159 et L. 0. 160 du code électoral ; que la forclusion opposée au requérant est fondée sur les dispositions de, l'article L. 161 du même code ; qu'ainsi elle n'est pas au nombre des cas relevant de la compétence du tribunal administratif en vertu des dispositions des articles L. 159 et L. 0. 160 précités ; que, par suite, et à défaut de toute disposition sur ce point, il appartient au seul Conseil constitutionnel, juge de l'élection, d'en connaître ; que, dès lors, et même sans qu'il soit besoin de statuer sur la régularité de la composition du tribunal administratif de Saint-Denis, c'est légalement. que celui-ci, saisi par le requérant, s'est déclaré incompétent ;3. Considérant que l'article L. 158 du code électoral dispose que "chaque candidat doit verser. . . un cautionnement de 1.000 F" ; qu'aux termes de l'article
|
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CONSTEXT000017665635_4
|
CONSTEXT000017665635
| 4 |
AN
|
Rejet
|
A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
le requérant, s'est déclaré incompétent ;3. Considérant que l'article L. 158 du code électoral dispose que "chaque candidat doit verser. . . un cautionnement de 1.000 F" ; qu'aux termes de l'article L.161 "un récépissé définitif est délivré dans les quatre jours du dépôt de la déclaration de candidature sur présentation du récépissé de versement du cautionnement, délivré par le trésorier-payeur général. Le récépissé définitif n'est délivré que si la candidature est conforme aux prescriptions des lois en vigueur" ; qu'il résulte de ces dispositions, d'une part, que le versement du cautionnement est une formalité nécessaire à la validité de la déclaration de candidature, d'autre part, que le délai prévu à l'article L. 161 présente un caractère impératif ; qu'il suit de là que, si le récépissé de versement du cautionnement n'est pas produit en temps utile pour permettre la délivrance, dans le délai prescrit, du récépissé définitif, la candidature ne peut être enregistrée;4. Considérant qu'il est constant que, pour obtenir le récépissé définitif, le requérant ne s'est présenté à la préfecture que le 19 février, à 10 heures, soit plus de trois jours après la date limite fixée au 15 février à minuit ; que, dès lors, en refusant d'enregistrer ladite candidature, le préfet de la Réunion a fait une exacte application des dispositions législatives précitées;Il. Sur les conclusions tendant à l'annulation de l'élection :Sur les griefs tirés d'irrégularités affectant l'établissement et
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A.N., Réunion (3ème circ.)
le requérant, s'est déclaré incompétent ;3. Considérant que l'article L. 158 du code électoral dispose que "chaque candidat doit verser. . . un cautionnement de 1.000 F" ; qu'aux termes de l'article L.161 "un récépissé définitif est délivré dans les quatre jours du dépôt de la déclaration de candidature sur présentation du récépissé de versement du cautionnement, délivré par le trésorier-payeur général. Le récépissé définitif n'est délivré que si la candidature est conforme aux prescriptions des lois en vigueur" ; qu'il résulte de ces dispositions, d'une part, que le versement du cautionnement est une formalité nécessaire à la validité de la déclaration de candidature, d'autre part, que le délai prévu à l'article L. 161 présente un caractère impératif ; qu'il suit de là que, si le récépissé de versement du cautionnement n'est pas produit en temps utile pour permettre la délivrance, dans le délai prescrit, du récépissé définitif, la candidature ne peut être enregistrée;4. Considérant qu'il est constant que, pour obtenir le récépissé définitif, le requérant ne s'est présenté à la préfecture que le 19 février, à 10 heures, soit plus de trois jours après la date limite fixée au 15 février à minuit ; que, dès lors, en refusant d'enregistrer ladite candidature, le préfet de la Réunion a fait une exacte application des dispositions législatives précitées;Il. Sur les conclusions tendant à l'annulation de l'élection :Sur les griefs tirés d'irrégularités affectant l'établissement et
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CONSTEXT000017665635_5
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CONSTEXT000017665635
| 5 |
AN
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Rejet
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A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
a fait une exacte application des dispositions législatives précitées;Il. Sur les conclusions tendant à l'annulation de l'élection :Sur les griefs tirés d'irrégularités affectant l'établissement et la transmission à la préfecture des listes électorales :5. Considérant que, s'ils allèguent que de nombreuses irrégularités, telles que doubles inscriptions, maintien d'électeurs décédés et radiations arbitraires, ont entaché l'établissement des listes électorales, les requérants ne citent à l'appui de leurs griefs que quatre faits précis dont trois seulement sont établis sur des témoignages ou pièces écrites ; qu'il n'est pas établi que ces anomalies aient été à l'origine de vote frauduleux ; que les erreurs ou négligences commises lors de l'établissement des listes, non plus que l'envoi tardif de trois d'entre elles à la préfecture, ne révèlent l'existence de manoeuvres ayant nui à la sincérité du scrutin ;Sur les griefs tirés de la distribution tardive de cartes électorales :6. Considérant que, si certaines cartes électorales déposées dans les bureaux de vote n'ont été remises à leurs titulaires que le jour du scrutin, il n'est pas établi que ce procédé, si regrettable qu'il soit, ait été à l'origine de votes frauduleux ;Sur les griefs relatifs à des irrégularités d'affichage et à la distribution de tracte diffamatoires :7. Considérant que les irrégularités en cause n'ont pu exercer une influence suffisante sur les opérations électorales pour en modifier les résultats alors
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A.N., Réunion (3ème circ.)
a fait une exacte application des dispositions législatives précitées;Il. Sur les conclusions tendant à l'annulation de l'élection :Sur les griefs tirés d'irrégularités affectant l'établissement et la transmission à la préfecture des listes électorales :5. Considérant que, s'ils allèguent que de nombreuses irrégularités, telles que doubles inscriptions, maintien d'électeurs décédés et radiations arbitraires, ont entaché l'établissement des listes électorales, les requérants ne citent à l'appui de leurs griefs que quatre faits précis dont trois seulement sont établis sur des témoignages ou pièces écrites ; qu'il n'est pas établi que ces anomalies aient été à l'origine de vote frauduleux ; que les erreurs ou négligences commises lors de l'établissement des listes, non plus que l'envoi tardif de trois d'entre elles à la préfecture, ne révèlent l'existence de manoeuvres ayant nui à la sincérité du scrutin ;Sur les griefs tirés de la distribution tardive de cartes électorales :6. Considérant que, si certaines cartes électorales déposées dans les bureaux de vote n'ont été remises à leurs titulaires que le jour du scrutin, il n'est pas établi que ce procédé, si regrettable qu'il soit, ait été à l'origine de votes frauduleux ;Sur les griefs relatifs à des irrégularités d'affichage et à la distribution de tracte diffamatoires :7. Considérant que les irrégularités en cause n'ont pu exercer une influence suffisante sur les opérations électorales pour en modifier les résultats alors
|
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CONSTEXT000017665635_6
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CONSTEXT000017665635
| 6 |
AN
|
Rejet
|
A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
à la distribution de tracte diffamatoires :7. Considérant que les irrégularités en cause n'ont pu exercer une influence suffisante sur les opérations électorales pour en modifier les résultats alors surtout qu'ils ne peuvent être imputés à l'un ou l'autre des candidats en présence ;Sur les griefs tirés de la mise en oeuvre de certaine procédés d'intimidation :8. Considérant que les griefs dont il s'agit ont trait à des incidents qui se sont déroulés à Saint-Louis et Rivière-Saint-Louis, localités situées sur le territoire de la deuxième circonscription de la Réunion ; qu'ils n'ont pu, de ce fait, influencer les conditions de la consultation dans la troisième circonscription de ce département seule en cause en l'espèce ;Sur le grief tiré du nombre et de l'irrégularité prétendue de votes émis par des électeurs inscrits sur les listes électorales par ordonnance du juge d'instance :9. Considérant que, si les requérants relèvent le nombre, qu'ils estiment important, de votes émis par des électeurs inscrits tardivement sur les listes électorales et prétendent que les ordonnances rendues par le juge d'instance ne se justifieraient pas au regard des dispositions des articles L.30 à L.34 du code électoral, il n'appartient pas au Conseil constitutionnel de se prononcer sur le bien fondé de telles allégations qui relèvent du contentieux de l'établissement de la liste électorale ;Sur le grief tiré de ce que certains votes par procuration. auraient été émis en violation des articles
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A.N., Réunion (3ème circ.)
à la distribution de tracte diffamatoires :7. Considérant que les irrégularités en cause n'ont pu exercer une influence suffisante sur les opérations électorales pour en modifier les résultats alors surtout qu'ils ne peuvent être imputés à l'un ou l'autre des candidats en présence ;Sur les griefs tirés de la mise en oeuvre de certaine procédés d'intimidation :8. Considérant que les griefs dont il s'agit ont trait à des incidents qui se sont déroulés à Saint-Louis et Rivière-Saint-Louis, localités situées sur le territoire de la deuxième circonscription de la Réunion ; qu'ils n'ont pu, de ce fait, influencer les conditions de la consultation dans la troisième circonscription de ce département seule en cause en l'espèce ;Sur le grief tiré du nombre et de l'irrégularité prétendue de votes émis par des électeurs inscrits sur les listes électorales par ordonnance du juge d'instance :9. Considérant que, si les requérants relèvent le nombre, qu'ils estiment important, de votes émis par des électeurs inscrits tardivement sur les listes électorales et prétendent que les ordonnances rendues par le juge d'instance ne se justifieraient pas au regard des dispositions des articles L.30 à L.34 du code électoral, il n'appartient pas au Conseil constitutionnel de se prononcer sur le bien fondé de telles allégations qui relèvent du contentieux de l'établissement de la liste électorale ;Sur le grief tiré de ce que certains votes par procuration. auraient été émis en violation des articles
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CONSTEXT000017665627_0
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CONSTEXT000017665627
| 0 |
SEN
|
Rejet
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Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
|
Le Conseil constitutionnel,
|
Sénat, Alpes-Maritimes
Le Conseil constitutionnel,
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CONSTEXT000017665635_8
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CONSTEXT000017665635
| 8 |
AN
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Rejet
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A.N., Réunion (3ème circ.)
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73-584/593
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1973-10-11
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bénéficié de libéralités en nature en violation des articles L.106 et L.107 du code électoral :12. Considérant que les faits susénoncés allégués dans des attestations produites au soutien de la requête, pour regrettables qu'ils soient, ne sauraient être regardés comme ayant eu, en fait, une influence suffisante pour modifier les résultats de l'élection, alors qu'ils ont été pour la plupart postérieurs au scrutin ;Sur le grief tiré de la constatation d'émargements irréguliers :13. Considérant que les faits allégués qui concernent essentiellement le septième bureau de la commune de Saint-Joseph, où le secrétaire aurait été invité par le président à apposer sa signature sur la liste d'émargement chaque fois qu'un électeur avait voté, sont formellement démentis par le président de ce bureau et qu'aucune observation ne figure à ce sujet au procès-verbal ; qu'au surplus, il n'est pas établi que ces faits auraient pu exercer une influence sur la sincérité du scrutin ;En ce qui concerne l'erreur ayant entaché l'impression de l'affiche officielle fixant la liste dès titres d'identité à produire par les électeurs :14. Considérant que, dans un mémoire additionnel, les requérants font état d'un télégramme du 15 mars 1973 par lequel le préfet de la Réunion indiquait aux maires du département qu'une erreur entachait la rédaction de l'affiche officielle reproduisant l'arrêté du 4 avril 1965 du Ministre des Départements et Territoires d'Outre-mer fixant la liste des titres d'identité que
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A.N., Réunion (3ème circ.)
bénéficié de libéralités en nature en violation des articles L.106 et L.107 du code électoral :12. Considérant que les faits susénoncés allégués dans des attestations produites au soutien de la requête, pour regrettables qu'ils soient, ne sauraient être regardés comme ayant eu, en fait, une influence suffisante pour modifier les résultats de l'élection, alors qu'ils ont été pour la plupart postérieurs au scrutin ;Sur le grief tiré de la constatation d'émargements irréguliers :13. Considérant que les faits allégués qui concernent essentiellement le septième bureau de la commune de Saint-Joseph, où le secrétaire aurait été invité par le président à apposer sa signature sur la liste d'émargement chaque fois qu'un électeur avait voté, sont formellement démentis par le président de ce bureau et qu'aucune observation ne figure à ce sujet au procès-verbal ; qu'au surplus, il n'est pas établi que ces faits auraient pu exercer une influence sur la sincérité du scrutin ;En ce qui concerne l'erreur ayant entaché l'impression de l'affiche officielle fixant la liste dès titres d'identité à produire par les électeurs :14. Considérant que, dans un mémoire additionnel, les requérants font état d'un télégramme du 15 mars 1973 par lequel le préfet de la Réunion indiquait aux maires du département qu'une erreur entachait la rédaction de l'affiche officielle reproduisant l'arrêté du 4 avril 1965 du Ministre des Départements et Territoires d'Outre-mer fixant la liste des titres d'identité que
|
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CONSTEXT000017665635_9
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CONSTEXT000017665635
| 9 |
AN
|
Rejet
|
A.N., Réunion (3ème circ.)
|
73-584/593
|
1973-10-11
|
qu'une erreur entachait la rédaction de l'affiche officielle reproduisant l'arrêté du 4 avril 1965 du Ministre des Départements et Territoires d'Outre-mer fixant la liste des titres d'identité que les électeurs doivent présenter aux présidents des bureaux de vote dans les communes de plus de 5.000 habitants pour être admis à voter ; que la présentation de cartes d'assistance médicale gratuite, mentionnée par l'affiche, n'était en effet pas autorisée par l'arrêté ministériel dont il s'agit ; que les requérants, arguant de ce que plus de la moitié de la population de l'île relève de l'A.M.G., en déduisent que le scrutin du 4 mars 1973 a été faussé ;15. Mais considérant qu'aucun nom ou fait précis n'est apporté à l'appui de l'allégation selon laquelle l'usage de titres d'identité non autorisés aurait permis des votes frauduleux ; qu'il n'est pas davantage établi que cette erreur ait été le résultat d'une manœuvre ; qu'au surplus, si regrettable qu'elle soit, cette erreur, du fait qu'elle figurait sur toutes les affiches, sans distinction, ne saurait avoir eu de conséquences discriminatoires au détriment de l'un ou l'autre des candidats en présence,
|
A.N., Réunion (3ème circ.)
qu'une erreur entachait la rédaction de l'affiche officielle reproduisant l'arrêté du 4 avril 1965 du Ministre des Départements et Territoires d'Outre-mer fixant la liste des titres d'identité que les électeurs doivent présenter aux présidents des bureaux de vote dans les communes de plus de 5.000 habitants pour être admis à voter ; que la présentation de cartes d'assistance médicale gratuite, mentionnée par l'affiche, n'était en effet pas autorisée par l'arrêté ministériel dont il s'agit ; que les requérants, arguant de ce que plus de la moitié de la population de l'île relève de l'A.M.G., en déduisent que le scrutin du 4 mars 1973 a été faussé ;15. Mais considérant qu'aucun nom ou fait précis n'est apporté à l'appui de l'allégation selon laquelle l'usage de titres d'identité non autorisés aurait permis des votes frauduleux ; qu'il n'est pas davantage établi que cette erreur ait été le résultat d'une manœuvre ; qu'au surplus, si regrettable qu'elle soit, cette erreur, du fait qu'elle figurait sur toutes les affiches, sans distinction, ne saurait avoir eu de conséquences discriminatoires au détriment de l'un ou l'autre des candidats en présence,
|
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CONSTEXT000017665635_10
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CONSTEXT000017665635
| 10 |
AN
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Rejet
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A.N., Réunion (3ème circ.)
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73-584/593
|
1973-10-11
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Décide :Article premier :Les requêtes susvisées de M. Pierre-Raymond Hoarau, de M. Elie Hoarau et de M. Gaston Hoarau sont rejetées.Article 2-La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 11 octobre 1973, où siégeaient MM. Gaston PALEWSKI, président, MONNET, REY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET ET LUCHAIRE.
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A.N., Réunion (3ème circ.)
Décide :Article premier :Les requêtes susvisées de M. Pierre-Raymond Hoarau, de M. Elie Hoarau et de M. Gaston Hoarau sont rejetées.Article 2-La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 11 octobre 1973, où siégeaient MM. Gaston PALEWSKI, président, MONNET, REY, GOGUEL, DUBOIS, COSTE-FLORET, CHATENET ET LUCHAIRE.
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CONSTEXT000017665637_1
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CONSTEXT000017665637
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AN
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Rejet
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A.N., Moselle (2ème circ.)
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73-586/591
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1973-05-24
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Vu l'article 59 de la constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu l° la requête présentée par M. Wetzel Gérard, demeurant à Metz (Moselle), 26-28, rue des Clercs, ladite requête enregistrée le 12 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la deuxième circonscription de la Moselle pour la désignation d'un député à l'Assemblée nationale ;Vu 2° la requête présentée par M.Wilhem Robert, demeurant à Woippy-les-Metz (Moselle), route de Thionville-Navigtus, ladite requête enregistrée le 15 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la deuxième circonscription de la Moselle pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M, Kedinger. député, lesdites observations enregistrées le 18 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre de l'Intérieur, enregistrées le 8 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Wetzel, enregistrées comme ci-dessus le 14 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son
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A.N., Moselle (2ème circ.)
Vu l'article 59 de la constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu l° la requête présentée par M. Wetzel Gérard, demeurant à Metz (Moselle), 26-28, rue des Clercs, ladite requête enregistrée le 12 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la deuxième circonscription de la Moselle pour la désignation d'un député à l'Assemblée nationale ;Vu 2° la requête présentée par M.Wilhem Robert, demeurant à Woippy-les-Metz (Moselle), route de Thionville-Navigtus, ladite requête enregistrée le 15 mars 1973 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé les 4 et 11 mars 1973 dans la deuxième circonscription de la Moselle pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M, Kedinger. député, lesdites observations enregistrées le 18 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par le Ministre de l'Intérieur, enregistrées le 8 mai 1973 au secrétariat général du Conseil constitutionnel ;Vu les observations présentées par M. Wetzel, enregistrées comme ci-dessus le 14 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son
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CONSTEXT000017665637_2
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CONSTEXT000017665637
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AN
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Rejet
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A.N., Moselle (2ème circ.)
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73-586/591
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1973-05-24
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du Conseil constitutionnel ;Vu les observations présentées par M. Wetzel, enregistrées comme ci-dessus le 14 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
|
A.N., Moselle (2ème circ.)
du Conseil constitutionnel ;Vu les observations présentées par M. Wetzel, enregistrées comme ci-dessus le 14 mai 1973 ;Vu les autres pièces produites et jointes au dossier ;Ouï le rapporteur en son rapport ;
|
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CONSTEXT000017665637_3
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CONSTEXT000017665637
| 3 |
AN
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Rejet
|
A.N., Moselle (2ème circ.)
|
73-586/591
|
1973-05-24
|
1. Considérant que les deux requêtes susvisées de MM. Wetzel et Wilhelm sont relatives aux mêmes opérations électorales ; qu'il y a lieu de les joindre pour y être statué par une seule décision ;I. Sur la requête de M. Wetzel :2. Considérant que le requérant soutient que l'envoi par l'un des, candidats, M. Walgenwitz, d'une circulaire adressée, entre les deux tours du scrutin, aux électeurs qui s'étaient abstenus au premier tour impliquerait une substitution frauduleuse des listes électorales et constituerait une violation du secret du vote, ainsi qu'une atteinte à la liberté d'expression ;3. Considérant qu'aux termes des articles L. 68 et R. 71 du code électoral les listes d'émargement sont communiquées à tout électeur qui en fait la demande, les délégués des candidats ayant priorité pour consulter ces listes dès la fin des opérations électorales ; que, dès lors, M. Walgenwitz a pu, à bon droit, faire relever le nom des électeurs qui s'étaient abstenus au premier tour ;4. Considérant que l'envoi d'une circulaire à ces électeurs, dont il n'est d'ailleurs pas allégué que les noms aient été rendus publics, ne constitue pas une violation du secret du vote ;5. Considérant que le fait, pour un candidat, de s'adresser ainsi à une catégorie particulière d'électeurs ne peut être regardé comme portant atteinte à leur liberté d'expression ;II. Sur la requête de M. Wilhelm:6. Considérant que, si un quotidien local a publié, avant le premier tour du scrutin, les résultats d'un sondage
|
A.N., Moselle (2ème circ.)
1. Considérant que les deux requêtes susvisées de MM. Wetzel et Wilhelm sont relatives aux mêmes opérations électorales ; qu'il y a lieu de les joindre pour y être statué par une seule décision ;I. Sur la requête de M. Wetzel :2. Considérant que le requérant soutient que l'envoi par l'un des, candidats, M. Walgenwitz, d'une circulaire adressée, entre les deux tours du scrutin, aux électeurs qui s'étaient abstenus au premier tour impliquerait une substitution frauduleuse des listes électorales et constituerait une violation du secret du vote, ainsi qu'une atteinte à la liberté d'expression ;3. Considérant qu'aux termes des articles L. 68 et R. 71 du code électoral les listes d'émargement sont communiquées à tout électeur qui en fait la demande, les délégués des candidats ayant priorité pour consulter ces listes dès la fin des opérations électorales ; que, dès lors, M. Walgenwitz a pu, à bon droit, faire relever le nom des électeurs qui s'étaient abstenus au premier tour ;4. Considérant que l'envoi d'une circulaire à ces électeurs, dont il n'est d'ailleurs pas allégué que les noms aient été rendus publics, ne constitue pas une violation du secret du vote ;5. Considérant que le fait, pour un candidat, de s'adresser ainsi à une catégorie particulière d'électeurs ne peut être regardé comme portant atteinte à leur liberté d'expression ;II. Sur la requête de M. Wilhelm:6. Considérant que, si un quotidien local a publié, avant le premier tour du scrutin, les résultats d'un sondage
|
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CONSTEXT000017665637_4
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CONSTEXT000017665637
| 4 |
AN
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Rejet
|
A.N., Moselle (2ème circ.)
|
73-586/591
|
1973-05-24
|
comme portant atteinte à leur liberté d'expression ;II. Sur la requête de M. Wilhelm:6. Considérant que, si un quotidien local a publié, avant le premier tour du scrutin, les résultats d'un sondage concernant les intentions de vote des électeurs de la circonscription, une telle publication dont il n'est pas allégué qu'elle ait constitué une manoeuvre n'est contraire à aucune disposition législative ou réglementaire ; que, par suite, le requérant n'est pas fondé à invoquer cette circonstance pour demander l'annulation de l'élection ;
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A.N., Moselle (2ème circ.)
comme portant atteinte à leur liberté d'expression ;II. Sur la requête de M. Wilhelm:6. Considérant que, si un quotidien local a publié, avant le premier tour du scrutin, les résultats d'un sondage concernant les intentions de vote des électeurs de la circonscription, une telle publication dont il n'est pas allégué qu'elle ait constitué une manoeuvre n'est contraire à aucune disposition législative ou réglementaire ; que, par suite, le requérant n'est pas fondé à invoquer cette circonstance pour demander l'annulation de l'élection ;
|
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CONSTEXT000017665637_5
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CONSTEXT000017665637
| 5 |
AN
|
Rejet
|
A.N., Moselle (2ème circ.)
|
73-586/591
|
1973-05-24
|
Décide :Article premier :Les requêtes susvisées de MM. Witzel et Wilhelm sont rejetées.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 24 mai 1973, où siégeaient :MM. Gaston PALEWSKI, président, Monnet, Rey, Sainteny, Goguel, Dubois, Coste-Floret, Chatenet et Luchaire.
|
A.N., Moselle (2ème circ.)
Décide :Article premier :Les requêtes susvisées de MM. Witzel et Wilhelm sont rejetées.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 24 mai 1973, où siégeaient :MM. Gaston PALEWSKI, président, Monnet, Rey, Sainteny, Goguel, Dubois, Coste-Floret, Chatenet et Luchaire.
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CONSTEXT000017665627_1
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CONSTEXT000017665627
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SEN
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Rejet
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Sénat, Alpes-Maritimes
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71-571/577
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1972-01-27
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Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel;Vu le code électoral ;Vu la requête présentée par Mme Moreau, demeurant à Mandelieu-la-Napoule (Alpes-Maritimes), ladite requête enregistrée le 28 septembre 1971 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 26 septembre 1971 dans le département des Alpes-Maritimes pour la désignation de trois sénateurs ;Vu la requête présentée par MM. Hancy, Giraud et Sauvaigo, demeurant respectivement à Nice, Grasse et Cagnes-sur-Mer, ladite requête enregistrée le 6 octobre 1971 à la préfecture des Alpes-Maritimes et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé le 26 septembre 1971 dans le département des Alpes-Maritimes pour la désignation de trois sénateurs, en tant qu'elles ont abouti à la proclamation de l'élection de MM. Palmero et Robini ;Vu les observations en duplique présentées pour M. Raybaud et par MM. Palmero et Robini, sénateurs, lesdites observations enregistrées les 15, 22, 21 et 14 octobre 1971 au secrétariat général du Conseil constitutionnel ;Vu la “note récapitulative" produite par Mme Moreau, ensemble le mémoire en réplique présenté pour Mme Moreau, enregistrés au secrétariat général du Conseil constitutionnel respectivement les 15 octobre et 6 décembre 1971 ;Vu
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Sénat, Alpes-Maritimes
Vu l'article 59 de la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel;Vu le code électoral ;Vu la requête présentée par Mme Moreau, demeurant à Mandelieu-la-Napoule (Alpes-Maritimes), ladite requête enregistrée le 28 septembre 1971 au secrétariat général du Conseil constitutionnel et tendant à ce qu'il plaise au Conseil statuer sur les opérations électorales auxquelles il a été procédé le 26 septembre 1971 dans le département des Alpes-Maritimes pour la désignation de trois sénateurs ;Vu la requête présentée par MM. Hancy, Giraud et Sauvaigo, demeurant respectivement à Nice, Grasse et Cagnes-sur-Mer, ladite requête enregistrée le 6 octobre 1971 à la préfecture des Alpes-Maritimes et tendant à ce qu'il plaise au Conseil constitutionnel statuer sur les opérations électorales auxquelles il a été procédé le 26 septembre 1971 dans le département des Alpes-Maritimes pour la désignation de trois sénateurs, en tant qu'elles ont abouti à la proclamation de l'élection de MM. Palmero et Robini ;Vu les observations en duplique présentées pour M. Raybaud et par MM. Palmero et Robini, sénateurs, lesdites observations enregistrées les 15, 22, 21 et 14 octobre 1971 au secrétariat général du Conseil constitutionnel ;Vu la “note récapitulative" produite par Mme Moreau, ensemble le mémoire en réplique présenté pour Mme Moreau, enregistrés au secrétariat général du Conseil constitutionnel respectivement les 15 octobre et 6 décembre 1971 ;Vu
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CONSTEXT000017665627_2
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CONSTEXT000017665627
| 2 |
SEN
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Rejet
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Sénat, Alpes-Maritimes
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71-571/577
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1972-01-27
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produite par Mme Moreau, ensemble le mémoire en réplique présenté pour Mme Moreau, enregistrés au secrétariat général du Conseil constitutionnel respectivement les 15 octobre et 6 décembre 1971 ;Vu les observations en réplique présentées par M. Hancy, enregistrées comme ci-dessus le 2 novembre 1971 ;Vu les observations en duplique présentées pour MM. Raybaud et par MM. Palmero et Robini enregistrées comme ci-dessus les 14 et 15 décembre 1971 ;Vu les autres pièces produites et jointes au dossier;Ouï le rapporteur en son rapport;
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Sénat, Alpes-Maritimes
produite par Mme Moreau, ensemble le mémoire en réplique présenté pour Mme Moreau, enregistrés au secrétariat général du Conseil constitutionnel respectivement les 15 octobre et 6 décembre 1971 ;Vu les observations en réplique présentées par M. Hancy, enregistrées comme ci-dessus le 2 novembre 1971 ;Vu les observations en duplique présentées pour MM. Raybaud et par MM. Palmero et Robini enregistrées comme ci-dessus les 14 et 15 décembre 1971 ;Vu les autres pièces produites et jointes au dossier;Ouï le rapporteur en son rapport;
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CONSTEXT000017665627_3
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CONSTEXT000017665627
| 3 |
SEN
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Rejet
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Sénat, Alpes-Maritimes
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71-571/577
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1972-01-27
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1. Considérant que les deux requêtes susvisées sont relatives aux mêmes opérations électorales ; qu'il y a lieu de les joindre pour y être statué par une seule décision ;Sur la requête de Mme Moreau :2. Considérant qu'aux termes de l'article 35 de l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, les requêtes doivent contenir les noms, prénoms et qualité du requérant, les noms des élus dont l'élection est attaquée, les moyens d'annulation invoqués ; que, si la requête de Mme Moreau ne contient explicitement ni sa qualité ni le nom des élus dont l'élection est attaquée, aucune ambiguïté ne subsiste cependant sur ces points, Mme Moreau, électrice et candidate, se référant aux réclamations par elle déposées auprès du président du collège électoral et désignant clairement les opérations électorales, dont l'annulation est demandée;3. Considérant que, si ladite requête se borne à invoquer "une violation totale du code électoral" ainsi qu'à faire référence aux réclamations consignées au procès-verbal des opérations de vote, sans indiquer aucun grief précis susceptible de constituer l'un des moyens d'annulation dont l'énoncé est exigé, il est cependant allégué une interruption de la lumière électrique lors du dépouillement, fait précis pouvant constituer un moyen d'annulation ;4. Considérant qu'aux termes de l'article 33 de l'ordonnance du 7 novembre 1958, " l'élection d'un député ou d'un sénateur peut être contestée devant le Conseil
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Sénat, Alpes-Maritimes
1. Considérant que les deux requêtes susvisées sont relatives aux mêmes opérations électorales ; qu'il y a lieu de les joindre pour y être statué par une seule décision ;Sur la requête de Mme Moreau :2. Considérant qu'aux termes de l'article 35 de l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, les requêtes doivent contenir les noms, prénoms et qualité du requérant, les noms des élus dont l'élection est attaquée, les moyens d'annulation invoqués ; que, si la requête de Mme Moreau ne contient explicitement ni sa qualité ni le nom des élus dont l'élection est attaquée, aucune ambiguïté ne subsiste cependant sur ces points, Mme Moreau, électrice et candidate, se référant aux réclamations par elle déposées auprès du président du collège électoral et désignant clairement les opérations électorales, dont l'annulation est demandée;3. Considérant que, si ladite requête se borne à invoquer "une violation totale du code électoral" ainsi qu'à faire référence aux réclamations consignées au procès-verbal des opérations de vote, sans indiquer aucun grief précis susceptible de constituer l'un des moyens d'annulation dont l'énoncé est exigé, il est cependant allégué une interruption de la lumière électrique lors du dépouillement, fait précis pouvant constituer un moyen d'annulation ;4. Considérant qu'aux termes de l'article 33 de l'ordonnance du 7 novembre 1958, " l'élection d'un député ou d'un sénateur peut être contestée devant le Conseil
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CONSTEXT000017665627_4
|
CONSTEXT000017665627
| 4 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
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constituer un moyen d'annulation ;4. Considérant qu'aux termes de l'article 33 de l'ordonnance du 7 novembre 1958, " l'élection d'un député ou d'un sénateur peut être contestée devant le Conseil constitutionnel durant les dix jours qui suivent la proclamation des résultats du scrutin"; que le délai ainsi fixé expirait le 6 octobre à minuit ; que la "note récapitulative" produite par Mme Moreau, enregistrée au secrétariat général du Conseil constitutionnel le 15 octobre, est tardive et, dès lors, irrecevable;5. Considérant qu'aux termes de l'article 5 du règlement applicable à la procédure suivie devant le Conseil constitutionnel : "Au cas où des mémoires ampliatifs sont ultérieurement présentés, ils ne peuvent contenir que le développement des moyens invoqués dans la requête, à l'exclusion de tout moyen nouveau" ; que le mémoire en réplique produit pour Mme Moreau et enregistré le 6 décembre au secrétariat général du Conseil constitutionnel ne peut dès lors être reçu qu'autant qu'il traite de la coupure de courant électrique constituant le moyen unique articulé dans la requête ;Sur la recevabilité de la requête de MM. Hancy, Giraud et Souvaigo :6. Considérant que M. Robini, sénateur, conteste la recevabilité de cette requête par le motif que les moyens invoqués visent l'ensemble du scrutin alors qu'il est demandé l'annulation de l'élection de deux seulement des trois élus ; que le Conseil devant conclure éventuellement à l'annulation du scrutin ne pourrait se prononcer que
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Sénat, Alpes-Maritimes
constituer un moyen d'annulation ;4. Considérant qu'aux termes de l'article 33 de l'ordonnance du 7 novembre 1958, " l'élection d'un député ou d'un sénateur peut être contestée devant le Conseil constitutionnel durant les dix jours qui suivent la proclamation des résultats du scrutin"; que le délai ainsi fixé expirait le 6 octobre à minuit ; que la "note récapitulative" produite par Mme Moreau, enregistrée au secrétariat général du Conseil constitutionnel le 15 octobre, est tardive et, dès lors, irrecevable;5. Considérant qu'aux termes de l'article 5 du règlement applicable à la procédure suivie devant le Conseil constitutionnel : "Au cas où des mémoires ampliatifs sont ultérieurement présentés, ils ne peuvent contenir que le développement des moyens invoqués dans la requête, à l'exclusion de tout moyen nouveau" ; que le mémoire en réplique produit pour Mme Moreau et enregistré le 6 décembre au secrétariat général du Conseil constitutionnel ne peut dès lors être reçu qu'autant qu'il traite de la coupure de courant électrique constituant le moyen unique articulé dans la requête ;Sur la recevabilité de la requête de MM. Hancy, Giraud et Souvaigo :6. Considérant que M. Robini, sénateur, conteste la recevabilité de cette requête par le motif que les moyens invoqués visent l'ensemble du scrutin alors qu'il est demandé l'annulation de l'élection de deux seulement des trois élus ; que le Conseil devant conclure éventuellement à l'annulation du scrutin ne pourrait se prononcer que
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CONSTEXT000017665627_5
|
CONSTEXT000017665627
| 5 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
|
du scrutin alors qu'il est demandé l'annulation de l'élection de deux seulement des trois élus ; que le Conseil devant conclure éventuellement à l'annulation du scrutin ne pourrait se prononcer que sur l'ensemble et serait ainsi amené à statuer ultra petita;7. Mais considérant qu'il résulte des termes des articles 33 et 35 de l'ordonnance susvisée du 7 novembre 1958 qu'il n'appartient au Conseil de statuer que sur les contestations dont il est saisi ; que, dès lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;8. Considérant, d'autre part, que M. Robini conteste la recevabilité de la réplique de M. Hancy par le motif que celle-ci est signée par le seul M. Hancy alors que la requête était présentée conjointement par trois personnes ; que le silence de MM. Giraud et Sauvaigo constituerait un désistement et que M. Hancy ne pourrait poursuivre seul une procédure engagée conjointement ;9. Mais considérant qu'aucun texte de procédure applicable au contentieux de l'élection des sénateurs n'interdit à un requérant de poursuivre seul une action engagée conjointement ; qu'au surplus le désistement de MM. Giraud et Sauvaigo ne peut être présumé du seul fait qu'ils n'ont pas produit un mémoire en réplique ; que, dès lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;10. Considérant, enfin, que M. Robini conteste la recevabilité des témoignages nouveaux apportés au soutien de la réplique en se fondant sur les dispositions de l'article 35 de l'ordonnance du 7 novembre
|
Sénat, Alpes-Maritimes
du scrutin alors qu'il est demandé l'annulation de l'élection de deux seulement des trois élus ; que le Conseil devant conclure éventuellement à l'annulation du scrutin ne pourrait se prononcer que sur l'ensemble et serait ainsi amené à statuer ultra petita;7. Mais considérant qu'il résulte des termes des articles 33 et 35 de l'ordonnance susvisée du 7 novembre 1958 qu'il n'appartient au Conseil de statuer que sur les contestations dont il est saisi ; que, dès lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;8. Considérant, d'autre part, que M. Robini conteste la recevabilité de la réplique de M. Hancy par le motif que celle-ci est signée par le seul M. Hancy alors que la requête était présentée conjointement par trois personnes ; que le silence de MM. Giraud et Sauvaigo constituerait un désistement et que M. Hancy ne pourrait poursuivre seul une procédure engagée conjointement ;9. Mais considérant qu'aucun texte de procédure applicable au contentieux de l'élection des sénateurs n'interdit à un requérant de poursuivre seul une action engagée conjointement ; qu'au surplus le désistement de MM. Giraud et Sauvaigo ne peut être présumé du seul fait qu'ils n'ont pas produit un mémoire en réplique ; que, dès lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;10. Considérant, enfin, que M. Robini conteste la recevabilité des témoignages nouveaux apportés au soutien de la réplique en se fondant sur les dispositions de l'article 35 de l'ordonnance du 7 novembre
|
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CONSTEXT000017665627_6
|
CONSTEXT000017665627
| 6 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
|
Considérant, enfin, que M. Robini conteste la recevabilité des témoignages nouveaux apportés au soutien de la réplique en se fondant sur les dispositions de l'article 35 de l'ordonnance du 7 novembre 1958 aux termes duquel le requérant doit annexer à sa requête les pièces produites au soutien de ses moyens, sauf à bénéficier d'un délai supplémentaire de la part du Conseil pour ce faire ;11. Mais considérant que dans la mesure où ils viennent appuyer des moyens précédemment soulevés, les documents ainsi produits en constituent seulement un développement et doivent être regardés comme partie intégrante du mémoire ampliatif prévu à l'article 5 du règlement de procédure applicable devant le Conseil constitutionnel ; que, des lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;Au fond :Sur les griefs relatifs aux bulletins de vote :12. Considérant, d'une part, que l'article R.157 du code électoral prescrit à la commission électorale de mettre en place pour le deuxième tour de scrutin les bulletins en blanc ; que l'article R 161 autorise les candidats qui n'ont pas manifesté l'intention de bénéficier des dispositions prévues à l'article R.157 à apporter au début de chaque tour des bulletins à leur nom ; que la présence simultanée de bulletins en blanc et de bulletins nominatifs ne constitue donc pas une irrégularité ;13. Considérant, d'autre part, que si les requérants soutiennent que les bulletins en blanc avaient disparu dans certains bureaux, cette assertion n'est pas
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Sénat, Alpes-Maritimes
Considérant, enfin, que M. Robini conteste la recevabilité des témoignages nouveaux apportés au soutien de la réplique en se fondant sur les dispositions de l'article 35 de l'ordonnance du 7 novembre 1958 aux termes duquel le requérant doit annexer à sa requête les pièces produites au soutien de ses moyens, sauf à bénéficier d'un délai supplémentaire de la part du Conseil pour ce faire ;11. Mais considérant que dans la mesure où ils viennent appuyer des moyens précédemment soulevés, les documents ainsi produits en constituent seulement un développement et doivent être regardés comme partie intégrante du mémoire ampliatif prévu à l'article 5 du règlement de procédure applicable devant le Conseil constitutionnel ; que, des lors, le moyen d'irrecevabilité soulevé ne peut être retenu ;Au fond :Sur les griefs relatifs aux bulletins de vote :12. Considérant, d'une part, que l'article R.157 du code électoral prescrit à la commission électorale de mettre en place pour le deuxième tour de scrutin les bulletins en blanc ; que l'article R 161 autorise les candidats qui n'ont pas manifesté l'intention de bénéficier des dispositions prévues à l'article R.157 à apporter au début de chaque tour des bulletins à leur nom ; que la présence simultanée de bulletins en blanc et de bulletins nominatifs ne constitue donc pas une irrégularité ;13. Considérant, d'autre part, que si les requérants soutiennent que les bulletins en blanc avaient disparu dans certains bureaux, cette assertion n'est pas
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CONSTEXT000017665627_7
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CONSTEXT000017665627
| 7 |
SEN
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Rejet
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Sénat, Alpes-Maritimes
|
71-571/577
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1972-01-27
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ne constitue donc pas une irrégularité ;13. Considérant, d'autre part, que si les requérants soutiennent que les bulletins en blanc avaient disparu dans certains bureaux, cette assertion n'est pas établie par les réclamations jointes au procès-verbal et consignées précisément sur des bulletins de l'espèce ;Sur les griefs relatifs aux conditions de déroulement du scrutin :14. Considérant que, s'il est, d'une part, allégué que le scrutin aurait été ouvert sans l'autorisation du président du collège électoral et qu'il aurait été poursuivi dans certains bureaux malgré la suspension ultérieurement décidée par celui-ci, il résulte de l'instruction que le scrutin a été régulièrement ouvert à 15 h 30 ; que, d'après les dispositions de l'article R. 166 du code électoral, la police des bureaux de vote appartient au président de chaque section; qu'ainsi la suspension intervenue à 16 h 20 dans la première section n'avait pas à être observée dans les autres sections avant que l'accord des présidents de celles-ci ait été obtenu ; que, dès lors, le grief invoqué manque en fait comme en droit ;15. Considérant que, s'il est, d'autre part, allégué que "dans une incroyable bousculade" certains électeurs auraient voté sans avoir eu la possibilité de passer par un isoloir et sans présenter de carte d'identité, alors que des personnes n'ayant pas la qualité d'électeur avaient pénétré sans contrôle dans les salles de vote, il ressort de l'instruction et des procès-verbaux que le scrutin a été
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Sénat, Alpes-Maritimes
ne constitue donc pas une irrégularité ;13. Considérant, d'autre part, que si les requérants soutiennent que les bulletins en blanc avaient disparu dans certains bureaux, cette assertion n'est pas établie par les réclamations jointes au procès-verbal et consignées précisément sur des bulletins de l'espèce ;Sur les griefs relatifs aux conditions de déroulement du scrutin :14. Considérant que, s'il est, d'une part, allégué que le scrutin aurait été ouvert sans l'autorisation du président du collège électoral et qu'il aurait été poursuivi dans certains bureaux malgré la suspension ultérieurement décidée par celui-ci, il résulte de l'instruction que le scrutin a été régulièrement ouvert à 15 h 30 ; que, d'après les dispositions de l'article R. 166 du code électoral, la police des bureaux de vote appartient au président de chaque section; qu'ainsi la suspension intervenue à 16 h 20 dans la première section n'avait pas à être observée dans les autres sections avant que l'accord des présidents de celles-ci ait été obtenu ; que, dès lors, le grief invoqué manque en fait comme en droit ;15. Considérant que, s'il est, d'autre part, allégué que "dans une incroyable bousculade" certains électeurs auraient voté sans avoir eu la possibilité de passer par un isoloir et sans présenter de carte d'identité, alors que des personnes n'ayant pas la qualité d'électeur avaient pénétré sans contrôle dans les salles de vote, il ressort de l'instruction et des procès-verbaux que le scrutin a été
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CONSTEXT000017665627_8
|
CONSTEXT000017665627
| 8 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
|
d'identité, alors que des personnes n'ayant pas la qualité d'électeur avaient pénétré sans contrôle dans les salles de vote, il ressort de l'instruction et des procès-verbaux que le scrutin a été prolongé au-delà de 18 heures en raison de la suspension préalablement intervenue; que les électeurs ont disposé, des lors, d'un temps suffisant pour accomplir régulièrement leur devoir s'ils avaient eu le souci de se rendre dans les isoloirs ; que le fait pour certains électeurs de s'abstenir d'y passer, dans la mesure où il ne résulte ni de contraintes ni de pressions, ne constitue pas une irrégularité suffisante pour porter atteinte à la sincérité du scrutin ; qu'aux termes de l'article L.314 du code électoral, l'électeur prend possession de son enveloppe après avoir fait constater son identité selon les règles en usage ou après avoir fait la preuve de son droit de vote ; qu'ainsi la présentation de la carte électorale suffisait ; qu'un contrôle strict était assuré à l'entrée principale et que la porte de la rue Mari est restée fermée à clef et par un verrou intérieur pendant toute la durée des opérations ;16. Considérant que, s'il est soutenu qu'un certain nombre de personnes n'ayant pas la qualité d'électeur ont pu pénétrer dans les locaux réservés an vote par suite de l'insuffisance ou de l'absence d'un contrôle d'identité à l'entrée desdits locaux, aucune observation ni aucune réclamation corroborant cette allégation n'a été inscrite au procès-verbal; qu'en tout état de cause
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Sénat, Alpes-Maritimes
d'identité, alors que des personnes n'ayant pas la qualité d'électeur avaient pénétré sans contrôle dans les salles de vote, il ressort de l'instruction et des procès-verbaux que le scrutin a été prolongé au-delà de 18 heures en raison de la suspension préalablement intervenue; que les électeurs ont disposé, des lors, d'un temps suffisant pour accomplir régulièrement leur devoir s'ils avaient eu le souci de se rendre dans les isoloirs ; que le fait pour certains électeurs de s'abstenir d'y passer, dans la mesure où il ne résulte ni de contraintes ni de pressions, ne constitue pas une irrégularité suffisante pour porter atteinte à la sincérité du scrutin ; qu'aux termes de l'article L.314 du code électoral, l'électeur prend possession de son enveloppe après avoir fait constater son identité selon les règles en usage ou après avoir fait la preuve de son droit de vote ; qu'ainsi la présentation de la carte électorale suffisait ; qu'un contrôle strict était assuré à l'entrée principale et que la porte de la rue Mari est restée fermée à clef et par un verrou intérieur pendant toute la durée des opérations ;16. Considérant que, s'il est soutenu qu'un certain nombre de personnes n'ayant pas la qualité d'électeur ont pu pénétrer dans les locaux réservés an vote par suite de l'insuffisance ou de l'absence d'un contrôle d'identité à l'entrée desdits locaux, aucune observation ni aucune réclamation corroborant cette allégation n'a été inscrite au procès-verbal; qu'en tout état de cause
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CONSTEXT000017665627_9
|
CONSTEXT000017665627
| 9 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
|
71-571/577
|
1972-01-27
|
ou de l'absence d'un contrôle d'identité à l'entrée desdits locaux, aucune observation ni aucune réclamation corroborant cette allégation n'a été inscrite au procès-verbal; qu'en tout état de cause il n'est allégué qu'une quelconque personne ait été admise à voter sans avoir la qualité d'électeur ;17. Considérant, enfin, que si l'urne contenant les votes de la première section a été transférée dans une salle contiguë, à l'issue du scrutin, ce transfert a été effectué pour des raisons de commodité dans le dépouillement et sous la surveillance constante des membres du bureau et des électeurs ; qu'il n'a eu ainsi ni pour motif ni pour conséquence d'offrir une occasion de fraude ;Sur les griefs relatifs à la propagande :18. Considérant que si, au cours des opérations de vote, une personne non qualifiée a indiqué à tort à un électeur que M. Sauvaigo ne se représentait pas au second tour, il résulte du silence du code électoral sur ce point que les retraits et maintiens de candidature n'avaient pas à être officiellement publiés ; qu'il appartenait dès lors aux électeurs de se renseigner auprès des candidats eux-mêmes ou de leurs amis ;19. Considérant, d'autre part, que s'il est allégué qu'une affiche apposée dans le hall annonçait inexactement le désistement d'un candidat du premier tour en faveur de M. Robini, le caractère fallacieux de ladite annonce n'est nullement établi par des témoignages de tiers faisant état de conversations parfois très postérieures au scrutin alors
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Sénat, Alpes-Maritimes
ou de l'absence d'un contrôle d'identité à l'entrée desdits locaux, aucune observation ni aucune réclamation corroborant cette allégation n'a été inscrite au procès-verbal; qu'en tout état de cause il n'est allégué qu'une quelconque personne ait été admise à voter sans avoir la qualité d'électeur ;17. Considérant, enfin, que si l'urne contenant les votes de la première section a été transférée dans une salle contiguë, à l'issue du scrutin, ce transfert a été effectué pour des raisons de commodité dans le dépouillement et sous la surveillance constante des membres du bureau et des électeurs ; qu'il n'a eu ainsi ni pour motif ni pour conséquence d'offrir une occasion de fraude ;Sur les griefs relatifs à la propagande :18. Considérant que si, au cours des opérations de vote, une personne non qualifiée a indiqué à tort à un électeur que M. Sauvaigo ne se représentait pas au second tour, il résulte du silence du code électoral sur ce point que les retraits et maintiens de candidature n'avaient pas à être officiellement publiés ; qu'il appartenait dès lors aux électeurs de se renseigner auprès des candidats eux-mêmes ou de leurs amis ;19. Considérant, d'autre part, que s'il est allégué qu'une affiche apposée dans le hall annonçait inexactement le désistement d'un candidat du premier tour en faveur de M. Robini, le caractère fallacieux de ladite annonce n'est nullement établi par des témoignages de tiers faisant état de conversations parfois très postérieures au scrutin alors
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CONSTEXT000017665627_10
|
CONSTEXT000017665627
| 10 |
SEN
|
Rejet
|
Sénat, Alpes-Maritimes
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71-571/577
|
1972-01-27
|
tour en faveur de M. Robini, le caractère fallacieux de ladite annonce n'est nullement établi par des témoignages de tiers faisant état de conversations parfois très postérieures au scrutin alors surtout que certains témoignages affirment la réalité de ce désistement; qu'on ne saurait dès lors, valablement soutenir que les électeurs aient été trompés ;Sur le grief tiré de l'interruption de lumière électrique lors du dépouillement :20. Considérant que, s'il est constant que la lumière a été interrompue pendant une très courte durée lors du dépouillement du scrutin, que cette coupure de courant a été provoquée volontairement par une personne non identifiée et qu'aucun éclairage de secours n'a été utilisé, il n'en est pas moins vrai qu'en raison de la date, de l'heure et de la disposition des locaux la visibilité est restée suffisante dans quatre bureaux sur cinq pour que les scrutateurs aient pu y assurer la surveillance des bulletins sans interruption ; que, dans le bureau n° 4. où la visibilité était moindre, les mentions figurant au procès-verbal attestent que :" la première enveloppe était entièrement dépouillée au moment de la panne. La deuxième enveloppe n'était pas encore ouverte et le dépouillement de la deuxième enveloppe n'était pas encore commencé…qu'un paquet de bulletins de M. Hancy faisant l'objet d'un troisième contrôle se trouvait sur la table au moment de la panne " ; que, si les requérants soutiennent que " plusieurs personnes ont vu l'un de ceux qui se
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Sénat, Alpes-Maritimes
tour en faveur de M. Robini, le caractère fallacieux de ladite annonce n'est nullement établi par des témoignages de tiers faisant état de conversations parfois très postérieures au scrutin alors surtout que certains témoignages affirment la réalité de ce désistement; qu'on ne saurait dès lors, valablement soutenir que les électeurs aient été trompés ;Sur le grief tiré de l'interruption de lumière électrique lors du dépouillement :20. Considérant que, s'il est constant que la lumière a été interrompue pendant une très courte durée lors du dépouillement du scrutin, que cette coupure de courant a été provoquée volontairement par une personne non identifiée et qu'aucun éclairage de secours n'a été utilisé, il n'en est pas moins vrai qu'en raison de la date, de l'heure et de la disposition des locaux la visibilité est restée suffisante dans quatre bureaux sur cinq pour que les scrutateurs aient pu y assurer la surveillance des bulletins sans interruption ; que, dans le bureau n° 4. où la visibilité était moindre, les mentions figurant au procès-verbal attestent que :" la première enveloppe était entièrement dépouillée au moment de la panne. La deuxième enveloppe n'était pas encore ouverte et le dépouillement de la deuxième enveloppe n'était pas encore commencé…qu'un paquet de bulletins de M. Hancy faisant l'objet d'un troisième contrôle se trouvait sur la table au moment de la panne " ; que, si les requérants soutiennent que " plusieurs personnes ont vu l'un de ceux qui se
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CONSTEXT000017665627_11
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CONSTEXT000017665627
| 11 |
SEN
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Rejet
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Sénat, Alpes-Maritimes
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71-571/577
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1972-01-27
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de M. Hancy faisant l'objet d'un troisième contrôle se trouvait sur la table au moment de la panne " ; que, si les requérants soutiennent que " plusieurs personnes ont vu l'un de ceux qui se trouvaient autour d'une table de dépouillement tenant sous la table un paquet de bulletins de vote", aucun témoignage en ce sens n'est produit et que les requérants ne précisent pas dans quel bureau cette constatation aurait été faite ; qu'il résulte de ce qui précède que rien ne vient démontrer que le défaut de moyens d'éclairage appropriés, si regrettable qu'il soit, soit de nature à justifier par lui-même une suspicion à l'égard de la sincérité du scrutin ;21. Considérant que, de tout ce qui précède, il résulte, sans qu'il soit besoin d'ordonner la mesure d'instruction complémentaire sollicitée, que Mme Moreau, d'une part, et MM. Hancy, Giraud et Sauvaigo, d'autre part, ne sont pas fondés à demander l'annulation des élections contestées ;
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Sénat, Alpes-Maritimes
de M. Hancy faisant l'objet d'un troisième contrôle se trouvait sur la table au moment de la panne " ; que, si les requérants soutiennent que " plusieurs personnes ont vu l'un de ceux qui se trouvaient autour d'une table de dépouillement tenant sous la table un paquet de bulletins de vote", aucun témoignage en ce sens n'est produit et que les requérants ne précisent pas dans quel bureau cette constatation aurait été faite ; qu'il résulte de ce qui précède que rien ne vient démontrer que le défaut de moyens d'éclairage appropriés, si regrettable qu'il soit, soit de nature à justifier par lui-même une suspicion à l'égard de la sincérité du scrutin ;21. Considérant que, de tout ce qui précède, il résulte, sans qu'il soit besoin d'ordonner la mesure d'instruction complémentaire sollicitée, que Mme Moreau, d'une part, et MM. Hancy, Giraud et Sauvaigo, d'autre part, ne sont pas fondés à demander l'annulation des élections contestées ;
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CONSTEXT000017665627_12
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CONSTEXT000017665627
| 12 |
SEN
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Rejet
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Sénat, Alpes-Maritimes
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71-571/577
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1972-01-27
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DECIDE :
Article premier :Les deux requêtes susvisées de Mme. Moreau, d'une part, de MM. Hancy, Giraud et Sauvaigo, d'autre part, sont rejetées.
Article 2 :La présente décision sera notifiée au Sénat et publiée au Journal offciel de la République française.
Délibéré par le Conseil constitutionnel dans séance du 27 janvier 1972, où siégeaient MM. Gaston Palewski, président, Monnet, Rey, sainteny, Goguel, Dubois, Coste-Floret, Chatenet et Luchaire.
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Sénat, Alpes-Maritimes
DECIDE :
Article premier :Les deux requêtes susvisées de Mme. Moreau, d'une part, de MM. Hancy, Giraud et Sauvaigo, d'autre part, sont rejetées.
Article 2 :La présente décision sera notifiée au Sénat et publiée au Journal offciel de la République française.
Délibéré par le Conseil constitutionnel dans séance du 27 janvier 1972, où siégeaient MM. Gaston Palewski, président, Monnet, Rey, sainteny, Goguel, Dubois, Coste-Floret, Chatenet et Luchaire.
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CONSTEXT000017667882_0
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CONSTEXT000017667882
| 0 |
AN
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Inéligibilité
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A.N., Eure (5ème circ.)
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97-2524
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1998-03-19
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Le Conseil constitutionnel,
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A.N., Eure (5ème circ.)
Le Conseil constitutionnel,
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CONSTEXT000017665688_0
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CONSTEXT000017665688
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I
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Décision avant dire droit
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
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77-4
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1977-06-07
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Le Conseil constitutionnel,Saisi le 28 octobre 1976 par M Marcel DASSAULT, député de l'Oise, en application de l'article LO 151 du code électoral, d'une demande tendant à l'appréciation de la compatibilité de ses activités professionnelles avec l'exercice de son mandat parlementaire ;
Vu la Constitution et notamment ses articles 25 et 62 ;Vu le code électoral et notamment son article LO 151 ;Vu la décision du Conseil constitutionnel n° 76-I-3 du 20 décembre 1976 ;Vu l'extrait du procès-verbal de la réunion du Bureau de l'Assemblée nationale du 23 mars 1977, approuvé lors de sa réunion du 25 mai 1977, approbation portée, à la même date, par le Président de cette assemblée à la connaissance du Conseil constitutionnel ;
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
Le Conseil constitutionnel,Saisi le 28 octobre 1976 par M Marcel DASSAULT, député de l'Oise, en application de l'article LO 151 du code électoral, d'une demande tendant à l'appréciation de la compatibilité de ses activités professionnelles avec l'exercice de son mandat parlementaire ;
Vu la Constitution et notamment ses articles 25 et 62 ;Vu le code électoral et notamment son article LO 151 ;Vu la décision du Conseil constitutionnel n° 76-I-3 du 20 décembre 1976 ;Vu l'extrait du procès-verbal de la réunion du Bureau de l'Assemblée nationale du 23 mars 1977, approuvé lors de sa réunion du 25 mai 1977, approbation portée, à la même date, par le Président de cette assemblée à la connaissance du Conseil constitutionnel ;
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CONSTEXT000017665688_1
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CONSTEXT000017665688
| 1 |
I
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Décision avant dire droit
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
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77-4
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1977-06-07
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1. Considérant que, saisi par M Marcel DASSAULT d'une demande tendant à l'appréciation de la compatibilité de ses activités professionnelles avec l'exercice de son mandat parlementaire, le Conseil constitutionnel a déclaré dans une décision du 20 décembre 1976 cette demande non recevable en l'état ; que pour motiver cette décision il s'est fondé sur le fait que le Bureau de l'Assemblée nationale n'avait pas, à cette date, pris position sur le cas de M Marcel DASSAULT, comme il lui appartenait de le faire en application des dispositions de l'article LO 151 du code électoral, conformément aux prérogatives des Bureaux des assemblées parlementaires et que, dès lors, le Conseil constitutionnel ne se trouvait pas en mesure, en l'état de la procédure, de se prononcer sur le cas de M Marcel DASSAULT ;2. Considérant qu'il résulte de documents portés à la connaissance du Conseil depuis cette décision et, notamment, de l'extrait du procès-verbal d'une réunion du Bureau de l'Assemblée nationale du 23 mars 1977 approuvé le 25 mai suivant, qu'au cours de cette réunion le Bureau a estimé qu'au cas de l'espèce il existait à la fois doute et contestation et qu'il entendait notifier au Conseil constitutionnel qu'il avait procédé à la constatation de l'existence des conditions prévues à l'article LO 151 du code électoral pour que l'affaire puisse être soumise au Conseil constitutionnel ;3. Considérant qu'en se livrant à cette constatation le Bureau a procédé, ainsi qu'il lui incombait de le
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
1. Considérant que, saisi par M Marcel DASSAULT d'une demande tendant à l'appréciation de la compatibilité de ses activités professionnelles avec l'exercice de son mandat parlementaire, le Conseil constitutionnel a déclaré dans une décision du 20 décembre 1976 cette demande non recevable en l'état ; que pour motiver cette décision il s'est fondé sur le fait que le Bureau de l'Assemblée nationale n'avait pas, à cette date, pris position sur le cas de M Marcel DASSAULT, comme il lui appartenait de le faire en application des dispositions de l'article LO 151 du code électoral, conformément aux prérogatives des Bureaux des assemblées parlementaires et que, dès lors, le Conseil constitutionnel ne se trouvait pas en mesure, en l'état de la procédure, de se prononcer sur le cas de M Marcel DASSAULT ;2. Considérant qu'il résulte de documents portés à la connaissance du Conseil depuis cette décision et, notamment, de l'extrait du procès-verbal d'une réunion du Bureau de l'Assemblée nationale du 23 mars 1977 approuvé le 25 mai suivant, qu'au cours de cette réunion le Bureau a estimé qu'au cas de l'espèce il existait à la fois doute et contestation et qu'il entendait notifier au Conseil constitutionnel qu'il avait procédé à la constatation de l'existence des conditions prévues à l'article LO 151 du code électoral pour que l'affaire puisse être soumise au Conseil constitutionnel ;3. Considérant qu'en se livrant à cette constatation le Bureau a procédé, ainsi qu'il lui incombait de le
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CONSTEXT000017665688_2
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CONSTEXT000017665688
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I
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Décision avant dire droit
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
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77-4
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1977-06-07
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LO 151 du code électoral pour que l'affaire puisse être soumise au Conseil constitutionnel ;3. Considérant qu'en se livrant à cette constatation le Bureau a procédé, ainsi qu'il lui incombait de le faire, à l'examen prévu par l'article LO 151 du code électoral ; que, dès lors, aucun obstacle ne s'oppose plus à la recevabilité de la demande présentée au Conseil constitutionnel ;
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
LO 151 du code électoral pour que l'affaire puisse être soumise au Conseil constitutionnel ;3. Considérant qu'en se livrant à cette constatation le Bureau a procédé, ainsi qu'il lui incombait de le faire, à l'examen prévu par l'article LO 151 du code électoral ; que, dès lors, aucun obstacle ne s'oppose plus à la recevabilité de la demande présentée au Conseil constitutionnel ;
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CONSTEXT000017665688_3
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CONSTEXT000017665688
| 3 |
I
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Décision avant dire droit
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
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77-4
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1977-06-07
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Décide :Article premier :La demande de M Marcel DASSAULT est déclarée recevable et, en conséquence, il appartient au Conseil constitutionnel d'y statuer au fond.Article 2 :La présente décision sera notifiée au Président de l'Assemblée nationale et à M Marcel DASSAULT, député de l'Oise.
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Examen de la compatibilité de certaines fonctions avec l'exercice du mandat parlementaire (Monsieur Marcel DASSAULT, député)
Décide :Article premier :La demande de M Marcel DASSAULT est déclarée recevable et, en conséquence, il appartient au Conseil constitutionnel d'y statuer au fond.Article 2 :La présente décision sera notifiée au Président de l'Assemblée nationale et à M Marcel DASSAULT, député de l'Oise.
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Décision du 12 octobre 1972 portant nomination des rapporteurs adjoints près le Conseil constitutionnel
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72-20
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1972-10-12
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Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958 et notamment son titre VII ;Vu l'ordonnance du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel et notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 12 octobre 1972,
Décide :Article premier :Sont nommés rapporteurs adjoints près le Conseil constitutionnel pour la période octobre 1972-octobre 1973 : MM. PAOLI, MARCEL, ROUGEVIN-BAVILLE, MORISOT, DONDOUX, maîtres des requêtes au Conseil d'État et MM. BERNARD, LAVIGNE, JACCOUD, BRELAZ, LABRUSSE, conseillers référendaires à la Cour des comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 12 octobre 1972.
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Décision du 12 octobre 1972 portant nomination des rapporteurs adjoints près le Conseil constitutionnel
Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958 et notamment son titre VII ;Vu l'ordonnance du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel et notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 12 octobre 1972,
Décide :Article premier :Sont nommés rapporteurs adjoints près le Conseil constitutionnel pour la période octobre 1972-octobre 1973 : MM. PAOLI, MARCEL, ROUGEVIN-BAVILLE, MORISOT, DONDOUX, maîtres des requêtes au Conseil d'État et MM. BERNARD, LAVIGNE, JACCOUD, BRELAZ, LABRUSSE, conseillers référendaires à la Cour des comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 12 octobre 1972.
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CONSTEXT000017667811_0
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CONSTEXT000017667811
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AN
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Rejet
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A.N., Jura (3ème circ.)
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88-1086
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1988-11-23
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Le Conseil constitutionnel,
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A.N., Jura (3ème circ.)
Le Conseil constitutionnel,
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CONSTEXT000017667854_0
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CONSTEXT000017667854
| 0 |
AN
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Non lieu à statuer
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A.N., Seine-Saint-Denis (11ème circ.)
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93-1320
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1993-06-08
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Le Conseil constitutionnel,
Vu la requête présentée par M. Jacques Oudot, demeurant à Pantin (Seine-Saint-Denis), enregistrée au secrétariat général du Conseil constitutionnel le 8 avril 1993 et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 21 et 28 mars 1993 dans la 11e circonscription de la Seine-Saint-Denis pour la désignation d'un député à l'Assemblée nationale;Vu le mémoire en défense présenté par M. François Asensi, enregistré comme ci-dessus le 26 avril 1993;Vu la lettre de M. Oudot, enregistrée au secrétariat général du Conseil constitutionnel le 14 mai 1993, par laquelle il déclare se désister de sa requête;Vu l'article 59 de la Constitution;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel;Vu le code électoral;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs;Vu les autres pièces produites et jointes au dossier;Le rapporteur ayant été entendu ;
1. Considérant que le désistement de M. Oudot ne comporte aucune réserve; que rien ne s'oppose à ce qu'il en soit donné acte,
Décide :Article premier :Il est donné acte du désistement de M. Oudot.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 8 juin 1993.Le président,Robert BADINTER
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A.N., Seine-Saint-Denis (11ème circ.)
Le Conseil constitutionnel,
Vu la requête présentée par M. Jacques Oudot, demeurant à Pantin (Seine-Saint-Denis), enregistrée au secrétariat général du Conseil constitutionnel le 8 avril 1993 et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 21 et 28 mars 1993 dans la 11e circonscription de la Seine-Saint-Denis pour la désignation d'un député à l'Assemblée nationale;Vu le mémoire en défense présenté par M. François Asensi, enregistré comme ci-dessus le 26 avril 1993;Vu la lettre de M. Oudot, enregistrée au secrétariat général du Conseil constitutionnel le 14 mai 1993, par laquelle il déclare se désister de sa requête;Vu l'article 59 de la Constitution;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel;Vu le code électoral;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs;Vu les autres pièces produites et jointes au dossier;Le rapporteur ayant été entendu ;
1. Considérant que le désistement de M. Oudot ne comporte aucune réserve; que rien ne s'oppose à ce qu'il en soit donné acte,
Décide :Article premier :Il est donné acte du désistement de M. Oudot.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 8 juin 1993.Le président,Robert BADINTER
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CONSTEXT000017667899_0
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CONSTEXT000017667899
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AN
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Non lieu à statuer
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A.N., Dordogne (3ème circ.)
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97-2541
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1998-03-19
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Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2541 au secrétariat général du Conseil constitutionnel, le 23 janvier 1998, la lettre du président de la Commission nationale des comptes de campagne et des financements politiques par laquelle celui-ci communique la décision en date du 20 janvier 1998 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Gilles LEMONNIER, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 3ème circonscription du département de la Dordogne ; Vu la Constitution, notamment son article 59 ; Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel ; Vu le code électoral dans sa rédaction résultant notamment de la loi organique n° 95-62 du 19 janvier 1995 modifiant diverses dispositions relatives à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ; Vu les autres pièces produites et jointes au dossier ; Le rapporteur ayant été entendu ;
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A.N., Dordogne (3ème circ.)
Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2541 au secrétariat général du Conseil constitutionnel, le 23 janvier 1998, la lettre du président de la Commission nationale des comptes de campagne et des financements politiques par laquelle celui-ci communique la décision en date du 20 janvier 1998 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Gilles LEMONNIER, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 3ème circonscription du département de la Dordogne ; Vu la Constitution, notamment son article 59 ; Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel ; Vu le code électoral dans sa rédaction résultant notamment de la loi organique n° 95-62 du 19 janvier 1995 modifiant diverses dispositions relatives à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ; Vu les autres pièces produites et jointes au dossier ; Le rapporteur ayant été entendu ;
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CONSTEXT000017667899_1
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CONSTEXT000017667899
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AN
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Non lieu à statuer
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A.N., Dordogne (3ème circ.)
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97-2541
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1998-03-19
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1. Considérant que le décès de M. LEMONNIER rend sans objet la saisine de la Commission nationale des comptes de campagne et des financements politiques tendant à ce que le Conseil constitutionnel constate, en application de l'article L.O. 128 du code électoral, l'inéligibilité de M. LEMONNIER pour une durée d'un an à compter de la présente décision ; que par suite il n'y a pas lieu de statuer sur cette saisine ;
Décide :Article premier.-Il n'y a pas lieu de statuer sur la saisine susvisée de la Commission nationale des comptes de campagne et des financements politiques. Article 2 :La présente décision sera notifiée aux héritiers de M. Gilles LEMONNIER, au président de la Commission nationale des comptes de campagne et des financements politiques et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 19 mars 1998, où siégeaient : MM. Yves GUÉNA, Doyen d'âge, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
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A.N., Dordogne (3ème circ.)
1. Considérant que le décès de M. LEMONNIER rend sans objet la saisine de la Commission nationale des comptes de campagne et des financements politiques tendant à ce que le Conseil constitutionnel constate, en application de l'article L.O. 128 du code électoral, l'inéligibilité de M. LEMONNIER pour une durée d'un an à compter de la présente décision ; que par suite il n'y a pas lieu de statuer sur cette saisine ;
Décide :Article premier.-Il n'y a pas lieu de statuer sur la saisine susvisée de la Commission nationale des comptes de campagne et des financements politiques. Article 2 :La présente décision sera notifiée aux héritiers de M. Gilles LEMONNIER, au président de la Commission nationale des comptes de campagne et des financements politiques et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 19 mars 1998, où siégeaient : MM. Yves GUÉNA, Doyen d'âge, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
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CONSTEXT000017667857_0
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CONSTEXT000017667857
| 0 |
DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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Le Conseil constitutionnel a été saisi, le 17 décembre 1985, par MM Claude Labbé, Jacques Chirac, Jacques Toubon, Marc Lauriol, Mme Nicole de Hauteclocque, MM Pierre Messmer, Georges Tranchant, Didier Julia, Roger Corrèze, Jacques Godfrain, Mme Hélène Missoffe, MM Gabriel Kaspereit, Pierre Mauger, Jean-Louis Goasduff, Jean de Lipkowski, Alain Peyrefitte, Bernard Pons, Jean-Paul Charié, Philippe Séguin, Michel Noir, François Fillon, Maurice Couve de Murville, Jacques Chaban-Delmas, Michel Debré, Serge Charles, Charles Paccou, Jean Falala, Etienne Pinte, René André, Pierre Godefroy, Robert Wagner, Jacques Lafleur, Georges Gorse, Pierre Bachelet, Camille Petit, Robert-André Vivien, Jacques Baumel, Jean-Paul de Rocca Serra, Michel Péricard, Pierre-Charles Krieg, Jean de Préaumont, Jean Foyer, Roland Vuillaume, Olivier Guichard, Michel Cointat, Claude-Gérard Marcus, Christian Bergelin, Jean Narquin, Jean-Claude Gaudin, Gilbert Gantier, Edmond Alphandéry, Jean-Pierre Soisson, Georges Mesmin, Jean Brocard, Charles Fèvre, Roger Lestas, Francis Geng, Henri Bayard, Jean Briane, Jean Bégault, Mme Louise Moreau, MM Henri Baudouin, Jean Seitlinger, François d'Aubert, Loïc Bouvard, Paul Pernin, Marcel Bigeard, Germain Gengenwin, Philippe Mestre, François d'Harcourt, Joseph-Henri Maujoüan du Gasset, Claude Birraux, Pierre Micaux, Jacques Fouchier, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant amélioration de
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Loi portant amélioration de la concurrence
Le Conseil constitutionnel a été saisi, le 17 décembre 1985, par MM Claude Labbé, Jacques Chirac, Jacques Toubon, Marc Lauriol, Mme Nicole de Hauteclocque, MM Pierre Messmer, Georges Tranchant, Didier Julia, Roger Corrèze, Jacques Godfrain, Mme Hélène Missoffe, MM Gabriel Kaspereit, Pierre Mauger, Jean-Louis Goasduff, Jean de Lipkowski, Alain Peyrefitte, Bernard Pons, Jean-Paul Charié, Philippe Séguin, Michel Noir, François Fillon, Maurice Couve de Murville, Jacques Chaban-Delmas, Michel Debré, Serge Charles, Charles Paccou, Jean Falala, Etienne Pinte, René André, Pierre Godefroy, Robert Wagner, Jacques Lafleur, Georges Gorse, Pierre Bachelet, Camille Petit, Robert-André Vivien, Jacques Baumel, Jean-Paul de Rocca Serra, Michel Péricard, Pierre-Charles Krieg, Jean de Préaumont, Jean Foyer, Roland Vuillaume, Olivier Guichard, Michel Cointat, Claude-Gérard Marcus, Christian Bergelin, Jean Narquin, Jean-Claude Gaudin, Gilbert Gantier, Edmond Alphandéry, Jean-Pierre Soisson, Georges Mesmin, Jean Brocard, Charles Fèvre, Roger Lestas, Francis Geng, Henri Bayard, Jean Briane, Jean Bégault, Mme Louise Moreau, MM Henri Baudouin, Jean Seitlinger, François d'Aubert, Loïc Bouvard, Paul Pernin, Marcel Bigeard, Germain Gengenwin, Philippe Mestre, François d'Harcourt, Joseph-Henri Maujoüan du Gasset, Claude Birraux, Pierre Micaux, Jacques Fouchier, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant amélioration de
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CONSTEXT000017667857_1
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CONSTEXT000017667857
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DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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Claude Birraux, Pierre Micaux, Jacques Fouchier, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant amélioration de la concurrence.
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Loi portant amélioration de la concurrence
Claude Birraux, Pierre Micaux, Jacques Fouchier, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant amélioration de la concurrence.
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CONSTEXT000017667857_2
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CONSTEXT000017667857
| 2 |
DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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Le Conseil constitutionnel,Vu la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment les articles figurant au chapitre II du titre II de ladite ordonnance ;Le rapporteur ayant été entendu ;
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Loi portant amélioration de la concurrence
Le Conseil constitutionnel,Vu la Constitution ;Vu l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment les articles figurant au chapitre II du titre II de ladite ordonnance ;Le rapporteur ayant été entendu ;
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CONSTEXT000017667857_3
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CONSTEXT000017667857
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DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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1. Considérant que les auteurs de la saisine soutiennent que l'article 9 de la loi portant amélioration de la concurrence a été adopté selon une procédure non conforme à la Constitution ; qu'en effet, selon eux, les dispositions de cet article, issues d'un amendement parlementaire déposé lors de la première lecture à l'Assemblée nationale après échec de la commission mixte paritaire, ne présentent pas de lien nécessaire avec les autres dispositions du projet et auraient dû faire l'objet d'une proposition de loi ou d'un projet distinct ; qu'ainsi l'article 9 aurait été voté selon une procédure contraire aux exigences des articles 39, 44 et 45 de la Constitution ;2. Considérant que la loi soumise à l'examen du Conseil constitutionnel a pour objet l'amélioration de la concurrence ; que les dispositions de l'article 9 qui réduisent le monopole des géomètres experts en modifiant le champ de la protection pénale des activités relevant de cette profession ne sont pas dépourvues de tout lien avec les autres dispositions du projet de loi ; que, dès lors, elles pouvaient être introduites dans ce projet par voie d'amendement sans que soient méconnues les règles posées par les articles 39 et 44 de la Constitution ;3. Considérant, d'autre part, que l'article 45 de la Constitution ne comporte, au cours de la première lecture à l'Assemblée nationale suivant l'échec d'une commission mixte paritaire, aucune restriction particulière au droit d'amendement appartenant soit au Gouvernement soit
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Loi portant amélioration de la concurrence
1. Considérant que les auteurs de la saisine soutiennent que l'article 9 de la loi portant amélioration de la concurrence a été adopté selon une procédure non conforme à la Constitution ; qu'en effet, selon eux, les dispositions de cet article, issues d'un amendement parlementaire déposé lors de la première lecture à l'Assemblée nationale après échec de la commission mixte paritaire, ne présentent pas de lien nécessaire avec les autres dispositions du projet et auraient dû faire l'objet d'une proposition de loi ou d'un projet distinct ; qu'ainsi l'article 9 aurait été voté selon une procédure contraire aux exigences des articles 39, 44 et 45 de la Constitution ;2. Considérant que la loi soumise à l'examen du Conseil constitutionnel a pour objet l'amélioration de la concurrence ; que les dispositions de l'article 9 qui réduisent le monopole des géomètres experts en modifiant le champ de la protection pénale des activités relevant de cette profession ne sont pas dépourvues de tout lien avec les autres dispositions du projet de loi ; que, dès lors, elles pouvaient être introduites dans ce projet par voie d'amendement sans que soient méconnues les règles posées par les articles 39 et 44 de la Constitution ;3. Considérant, d'autre part, que l'article 45 de la Constitution ne comporte, au cours de la première lecture à l'Assemblée nationale suivant l'échec d'une commission mixte paritaire, aucune restriction particulière au droit d'amendement appartenant soit au Gouvernement soit
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CONSTEXT000017667857_4
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CONSTEXT000017667857
| 4 |
DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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au cours de la première lecture à l'Assemblée nationale suivant l'échec d'une commission mixte paritaire, aucune restriction particulière au droit d'amendement appartenant soit au Gouvernement soit aux députés ; que, par suite, l'article 9 de la loi dont le texte a été soumis au Sénat avant son adoption définitive a été voté selon une procédure conforme à la Constitution ;4. Considérant qu'en l'espèce, il n'y a lieu pour le Conseil constitutionnel de soulever d'office aucune question de conformité à la Constitution en ce qui concerne les autres dispositions de la loi soumise à son examen,
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Loi portant amélioration de la concurrence
au cours de la première lecture à l'Assemblée nationale suivant l'échec d'une commission mixte paritaire, aucune restriction particulière au droit d'amendement appartenant soit au Gouvernement soit aux députés ; que, par suite, l'article 9 de la loi dont le texte a été soumis au Sénat avant son adoption définitive a été voté selon une procédure conforme à la Constitution ;4. Considérant qu'en l'espèce, il n'y a lieu pour le Conseil constitutionnel de soulever d'office aucune question de conformité à la Constitution en ce qui concerne les autres dispositions de la loi soumise à son examen,
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CONSTEXT000017667857_5
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CONSTEXT000017667857
| 5 |
DC
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Conformité
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Loi portant amélioration de la concurrence
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85-199
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1985-12-28
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Décide :Article premier :Est déclarée conforme à la Constitution la loi portant amélioration de la concurrence.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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Loi portant amélioration de la concurrence
Décide :Article premier :Est déclarée conforme à la Constitution la loi portant amélioration de la concurrence.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017667882_1
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CONSTEXT000017667882
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AN
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Inéligibilité
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A.N., Eure (5ème circ.)
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97-2524
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1998-03-19
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Vu, enregistrée sous le n° 97-2487 au secrétariat général du Conseil constitutionnel, le 2 janvier 1998, la lettre du président de la Commission nationale des comptes de campagne et des financements politiques par laquelle celui-ci communique la décision en date du 23 décembre 1997 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Gérard BOURRAT, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 7ème circonscription du département des Alpes-Maritimes ; Vu les pièces du dossier desquelles il résulte que communication de la saisine de la Commission nationale des comptes de campagne et des financements politiques a été donnée à M. BOURRAT ; Vu les observations présentées par M. BOURRAT, enregistrées comme ci-dessus le 19 janvier 1998 ; Vu les observations présentées par la Commission nationale des comptes de campagne et des financements politiques, enregistrées comme ci-dessus le 4 février 1998 ; Vu la Constitution, notamment son article 59 ; Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel ; Vu le code électoral dans sa rédaction résultant notamment de la loi organique n° 95-62 du 19 janvier 1995 modifiant diverses dispositions relatives à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de
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A.N., Eure (5ème circ.)
Vu, enregistrée sous le n° 97-2487 au secrétariat général du Conseil constitutionnel, le 2 janvier 1998, la lettre du président de la Commission nationale des comptes de campagne et des financements politiques par laquelle celui-ci communique la décision en date du 23 décembre 1997 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Gérard BOURRAT, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 7ème circonscription du département des Alpes-Maritimes ; Vu les pièces du dossier desquelles il résulte que communication de la saisine de la Commission nationale des comptes de campagne et des financements politiques a été donnée à M. BOURRAT ; Vu les observations présentées par M. BOURRAT, enregistrées comme ci-dessus le 19 janvier 1998 ; Vu les observations présentées par la Commission nationale des comptes de campagne et des financements politiques, enregistrées comme ci-dessus le 4 février 1998 ; Vu la Constitution, notamment son article 59 ; Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel ; Vu le code électoral dans sa rédaction résultant notamment de la loi organique n° 95-62 du 19 janvier 1995 modifiant diverses dispositions relatives à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de
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CONSTEXT000017667882_2
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CONSTEXT000017667882
| 2 |
AN
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Inéligibilité
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A.N., Eure (5ème circ.)
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97-2524
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1998-03-19
|
à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ; Vu les autres pièces produites et jointes au dossier ; Le rapporteur ayant été entendu ;
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A.N., Eure (5ème circ.)
à l'élection du Président de la République et à celle des députés à l'Assemblée nationale ; Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ; Vu les autres pièces produites et jointes au dossier ; Le rapporteur ayant été entendu ;
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CONSTEXT000017667882_3
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CONSTEXT000017667882
| 3 |
AN
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Inéligibilité
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A.N., Eure (5ème circ.)
|
97-2524
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1998-03-19
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1. Considérant qu'aux termes du premier alinéa de l'article L. 52-12 du code électoral, "chaque candidat ou candidat arrivé en tête de liste soumis au plafonnement prévu à l'article L. 52-11 est tenu d'établir un compte de campagne retraçant, selon leur origine, l'ensemble des recettes perçues et, selon leur nature, l'ensemble des dépenses engagées ou effectuées en vue de l'élection, hors celles de la campagne officielle, par lui-même ou pour son compte, au cours de la période mentionnée à l'article L. 52-4" ; que ce compte doit, aux termes du second alinéa de ce même article, être accompagné des justificatifs de recettes, ainsi que des factures, devis et autres documents de nature à établir le montant des dépenses payées ou engagées par le candidat ou pour son compte ; qu'aux termes de l'article L. 52-4 du code électoral : "Pendant l'année précédant le premier jour du mois d'une élection et jusqu'à la date du tour de scrutin où l'élection a été acquise, un candidat à cette élection ne peut avoir recueilli des fonds en vue du financement de sa campagne que par l'intermédiaire d'un mandataire nommément désigné par lui, qui est soit une association de financement électorale, soit une personne physique dénommée "le mandataire financier". Un même mandataire ne peut être commun à plusieurs candidats. Lorsque le candidat a décidé de recourir à une association de financement électorale ou à un mandataire financier, il ne peut régler les dépenses occasionnées par sa campagne
|
A.N., Eure (5ème circ.)
1. Considérant qu'aux termes du premier alinéa de l'article L. 52-12 du code électoral, "chaque candidat ou candidat arrivé en tête de liste soumis au plafonnement prévu à l'article L. 52-11 est tenu d'établir un compte de campagne retraçant, selon leur origine, l'ensemble des recettes perçues et, selon leur nature, l'ensemble des dépenses engagées ou effectuées en vue de l'élection, hors celles de la campagne officielle, par lui-même ou pour son compte, au cours de la période mentionnée à l'article L. 52-4" ; que ce compte doit, aux termes du second alinéa de ce même article, être accompagné des justificatifs de recettes, ainsi que des factures, devis et autres documents de nature à établir le montant des dépenses payées ou engagées par le candidat ou pour son compte ; qu'aux termes de l'article L. 52-4 du code électoral : "Pendant l'année précédant le premier jour du mois d'une élection et jusqu'à la date du tour de scrutin où l'élection a été acquise, un candidat à cette élection ne peut avoir recueilli des fonds en vue du financement de sa campagne que par l'intermédiaire d'un mandataire nommément désigné par lui, qui est soit une association de financement électorale, soit une personne physique dénommée "le mandataire financier". Un même mandataire ne peut être commun à plusieurs candidats. Lorsque le candidat a décidé de recourir à une association de financement électorale ou à un mandataire financier, il ne peut régler les dépenses occasionnées par sa campagne
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CONSTEXT000017667882_4
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CONSTEXT000017667882
| 4 |
AN
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Inéligibilité
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A.N., Eure (5ème circ.)
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97-2524
|
1998-03-19
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à plusieurs candidats. Lorsque le candidat a décidé de recourir à une association de financement électorale ou à un mandataire financier, il ne peut régler les dépenses occasionnées par sa campagne électorale que par leur intermédiaire, à l'exception du montant du cautionnement éventuel et des dépenses prises en charge par un parti ou groupement politique" ; qu'aux termes du premier alinéa de l'article L. 52-15 du même code, "la Commission nationale des comptes de campagne et des financements politiques approuve et, après procédure contradictoire, rejette ou réforme les comptes de campagne" ; que le deuxième alinéa de l'article L.O. 128 du code électoral prévoit qu'"est également inéligible pendant un an celui qui n'a pas déposé son compte de campagne dans les conditions et délais prescrits par l'article L. 52-12 et dont le compte de campagne a été rejeté à bon droit" ; qu'enfin, conformément aux dispositions de l'article L.O. 136-1 du code électoral, il incombe à la Commission nationale des comptes de campagne et des financements politiques de saisir le Conseil constitutionnel du cas de tout candidat susceptible de se voir opposer les prescriptions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ;
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A.N., Eure (5ème circ.)
à plusieurs candidats. Lorsque le candidat a décidé de recourir à une association de financement électorale ou à un mandataire financier, il ne peut régler les dépenses occasionnées par sa campagne électorale que par leur intermédiaire, à l'exception du montant du cautionnement éventuel et des dépenses prises en charge par un parti ou groupement politique" ; qu'aux termes du premier alinéa de l'article L. 52-15 du même code, "la Commission nationale des comptes de campagne et des financements politiques approuve et, après procédure contradictoire, rejette ou réforme les comptes de campagne" ; que le deuxième alinéa de l'article L.O. 128 du code électoral prévoit qu'"est également inéligible pendant un an celui qui n'a pas déposé son compte de campagne dans les conditions et délais prescrits par l'article L. 52-12 et dont le compte de campagne a été rejeté à bon droit" ; qu'enfin, conformément aux dispositions de l'article L.O. 136-1 du code électoral, il incombe à la Commission nationale des comptes de campagne et des financements politiques de saisir le Conseil constitutionnel du cas de tout candidat susceptible de se voir opposer les prescriptions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ;
|
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CONSTEXT000017667882_5
|
CONSTEXT000017667882
| 5 |
AN
|
Inéligibilité
|
A.N., Eure (5ème circ.)
|
97-2524
|
1998-03-19
|
2. Considérant qu'il résulte de l'instruction que le mandataire financier désigné par M. BOURRAT, et qui était seul à ce titre habilité, en vertu des dispositions précitées, à régler les dépenses occasionnées par sa campagne électorale, n'est pas intervenu pour régler l'essentiel des dépenses engagées en vue de l'élection, lesquelles ont été réglées par le candidat lui-même ; que c'est dès lors à bon droit que la Commission nationale des comptes de campagne et des financements politiques a prononcé le rejet du compte de M. BOURRAT ; qu'il appartient, par suite, au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. BOURRAT inéligible pour une durée d'un an à compter du 19 mars 1998, date de la présente décision,
Décide :Article premier :Monsieur Gérard BOURRAT est déclaré inéligible, en application de l'article L.O. 128 du code électoral, pour une durée d'un an à compter du 19 mars 1998. Article 2 :La présente décision sera notifiée à Monsieur BOURRAT, au président de la Commission nationale des comptes de campagne et des financements politiques et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 19 mars 1998, où siégeaient : MM. Yves GUÉNA, Doyen d'âge, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
|
A.N., Eure (5ème circ.)
2. Considérant qu'il résulte de l'instruction que le mandataire financier désigné par M. BOURRAT, et qui était seul à ce titre habilité, en vertu des dispositions précitées, à régler les dépenses occasionnées par sa campagne électorale, n'est pas intervenu pour régler l'essentiel des dépenses engagées en vue de l'élection, lesquelles ont été réglées par le candidat lui-même ; que c'est dès lors à bon droit que la Commission nationale des comptes de campagne et des financements politiques a prononcé le rejet du compte de M. BOURRAT ; qu'il appartient, par suite, au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. BOURRAT inéligible pour une durée d'un an à compter du 19 mars 1998, date de la présente décision,
Décide :Article premier :Monsieur Gérard BOURRAT est déclaré inéligible, en application de l'article L.O. 128 du code électoral, pour une durée d'un an à compter du 19 mars 1998. Article 2 :La présente décision sera notifiée à Monsieur BOURRAT, au président de la Commission nationale des comptes de campagne et des financements politiques et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 19 mars 1998, où siégeaient : MM. Yves GUÉNA, Doyen d'âge, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
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CONSTEXT000017667844_0
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CONSTEXT000017667844
| 0 |
AN
|
Annulation
|
A.N., Marne (6ème circ.)
|
93-1308
|
1993-10-06
|
Le Conseil constitutionnel,
Vu la requête présentée par M. Bernard Stasi, demeurant à Epernay (Marne), enregistrée au secrétariat général du Conseil constitutionnel le 8 avril 1993, et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 21 et 28 mars 1993 dans la 6e circonscription de la Marne pour la désignation d'un député à l'Assemblée nationale;Vu le mémoire en défense présenté par M. Martin, député, enregistré comme ci-dessus le 12 mai 1993;Vu le mémoire en réplique présenté par M. Stasi, enregistré comme ci-dessus le 28 juin 1993;Vu le mémoire complémentaire en défense présenté par M. Martin, enregistré comme ci-dessus le 28 juillet 1993;Vu les observations présentées par le ministre de l'intérieur, enregistrées comme ci-dessus le 6 août 1993;Vu le nouveau mémoire présenté par M. Stasi, enregistré comme ci-dessus le 9 septembre 1993;Vu les autres pièces produites et jointes au dossier;Vu l'article 59 de la Constitution;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel;Vu le code électoral;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et sénateurs;Le rapporteur ayant été entendu ;
|
A.N., Marne (6ème circ.)
Le Conseil constitutionnel,
Vu la requête présentée par M. Bernard Stasi, demeurant à Epernay (Marne), enregistrée au secrétariat général du Conseil constitutionnel le 8 avril 1993, et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 21 et 28 mars 1993 dans la 6e circonscription de la Marne pour la désignation d'un député à l'Assemblée nationale;Vu le mémoire en défense présenté par M. Martin, député, enregistré comme ci-dessus le 12 mai 1993;Vu le mémoire en réplique présenté par M. Stasi, enregistré comme ci-dessus le 28 juin 1993;Vu le mémoire complémentaire en défense présenté par M. Martin, enregistré comme ci-dessus le 28 juillet 1993;Vu les observations présentées par le ministre de l'intérieur, enregistrées comme ci-dessus le 6 août 1993;Vu le nouveau mémoire présenté par M. Stasi, enregistré comme ci-dessus le 9 septembre 1993;Vu les autres pièces produites et jointes au dossier;Vu l'article 59 de la Constitution;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel;Vu le code électoral;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et sénateurs;Le rapporteur ayant été entendu ;
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CONSTEXT000017667844_1
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CONSTEXT000017667844
| 1 |
AN
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Annulation
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A.N., Marne (6ème circ.)
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93-1308
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1993-10-06
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1. Considérant qu'aux termes du troisième alinéa de l'article L. 62-1 du code électoral, issu de l'article 7 de la loi no 88-1262 du 30 décembre 1988: " le vote de chaque électeur est constaté par sa signature apposée à l'encre en face de son nom sur la liste d'émargement "2. Considérant, d'une part, qu'il résulte de l'instruction, et notamment de l'examen des listes d'émargement des bureaux de vote des communes de Vinay et La Chapelle-sous-Orbais, que les électeurs qui ont voté dans ces bureaux n'ont pas procédé à l'émargement prescrit par les dispositions précitées; que l'inobservation de ces formalités ne permet pas, en l'espèce, au juge de l'élection d'être assuré de la sincérité des opérations électorales;3. Considérant, d'autre part, qu'il résulte de l'examen des listes d'émargement des bureaux de vote des communes de Mondement et Courjeonnet que les mêmes listes ont été utilisées pour plusieurs scrutins successifs, sans que les emplacements réservés à la signature des électeurs pour chaque scrutin soient clairement distingués; qu'en particulier le nombre des émargements apposés lors des opérations électorales qui se sont déroulées dans ces deux communes le 28 mars 1993 est invérifiable, tout comme d'ailleurs celui des votes émis le 21 mars lors du premier tour de scrutin; que le juge de l'élection ne peut, en l'espèce, être assuré de la sincérité des opérations électorales dans ces deux bureaux; qu'il y a lieu, par suite, de tenir également pour irréguliers l'ensemble
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A.N., Marne (6ème circ.)
1. Considérant qu'aux termes du troisième alinéa de l'article L. 62-1 du code électoral, issu de l'article 7 de la loi no 88-1262 du 30 décembre 1988: " le vote de chaque électeur est constaté par sa signature apposée à l'encre en face de son nom sur la liste d'émargement "2. Considérant, d'une part, qu'il résulte de l'instruction, et notamment de l'examen des listes d'émargement des bureaux de vote des communes de Vinay et La Chapelle-sous-Orbais, que les électeurs qui ont voté dans ces bureaux n'ont pas procédé à l'émargement prescrit par les dispositions précitées; que l'inobservation de ces formalités ne permet pas, en l'espèce, au juge de l'élection d'être assuré de la sincérité des opérations électorales;3. Considérant, d'autre part, qu'il résulte de l'examen des listes d'émargement des bureaux de vote des communes de Mondement et Courjeonnet que les mêmes listes ont été utilisées pour plusieurs scrutins successifs, sans que les emplacements réservés à la signature des électeurs pour chaque scrutin soient clairement distingués; qu'en particulier le nombre des émargements apposés lors des opérations électorales qui se sont déroulées dans ces deux communes le 28 mars 1993 est invérifiable, tout comme d'ailleurs celui des votes émis le 21 mars lors du premier tour de scrutin; que le juge de l'élection ne peut, en l'espèce, être assuré de la sincérité des opérations électorales dans ces deux bureaux; qu'il y a lieu, par suite, de tenir également pour irréguliers l'ensemble
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CONSTEXT000017667844_2
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CONSTEXT000017667844
| 2 |
AN
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Annulation
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A.N., Marne (6ème circ.)
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93-1308
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1993-10-06
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que le juge de l'élection ne peut, en l'espèce, être assuré de la sincérité des opérations électorales dans ces deux bureaux; qu'il y a lieu, par suite, de tenir également pour irréguliers l'ensemble des suffrages émis dans ces bureaux;4. Considérant qu'il résulte de ce qui précède qu'il y a lieu de retrancher les suffrages émis dans les bureaux précités, soit 310, du nombre des suffrages exprimés dans la circonscription, lequel s'établit dès lors à 32 682; que la majorité se situe alors à 16 342 voix; que M. Martin n'a obtenu, après la rectification ci-dessus mentionnée, que de 16 315 voix; que par suite, et sans qu'il soit besoin d'examiner les autres griefs invoqués par M. Stasi, celui-ci est fondé à demander l'annulation des opérations électorales en cause,
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A.N., Marne (6ème circ.)
que le juge de l'élection ne peut, en l'espèce, être assuré de la sincérité des opérations électorales dans ces deux bureaux; qu'il y a lieu, par suite, de tenir également pour irréguliers l'ensemble des suffrages émis dans ces bureaux;4. Considérant qu'il résulte de ce qui précède qu'il y a lieu de retrancher les suffrages émis dans les bureaux précités, soit 310, du nombre des suffrages exprimés dans la circonscription, lequel s'établit dès lors à 32 682; que la majorité se situe alors à 16 342 voix; que M. Martin n'a obtenu, après la rectification ci-dessus mentionnée, que de 16 315 voix; que par suite, et sans qu'il soit besoin d'examiner les autres griefs invoqués par M. Stasi, celui-ci est fondé à demander l'annulation des opérations électorales en cause,
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CONSTEXT000017667844_3
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CONSTEXT000017667844
| 3 |
AN
|
Annulation
|
A.N., Marne (6ème circ.)
|
93-1308
|
1993-10-06
|
Décide :Article premier :L'élection législative à laquelle il a été procédé les 21 et 28 mars 1993 dans la 6e circonscription de la Marne est annulée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 octobre 1993, où siégeaient: MM. Robert BADINTER, président, Robert FABRE, Maurice FAURE, Marcel RUDLOFF, Georges ABADIE, Jean CABANNES, Jacques LATSCHA, Jacques ROBERT et Mme Noëlle LENOIR.Le président,Robert BADINTER
|
A.N., Marne (6ème circ.)
Décide :Article premier :L'élection législative à laquelle il a été procédé les 21 et 28 mars 1993 dans la 6e circonscription de la Marne est annulée.Article 2 :La présente décision sera notifiée à l'Assemblée nationale et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 octobre 1993, où siégeaient: MM. Robert BADINTER, président, Robert FABRE, Maurice FAURE, Marcel RUDLOFF, Georges ABADIE, Jean CABANNES, Jacques LATSCHA, Jacques ROBERT et Mme Noëlle LENOIR.Le président,Robert BADINTER
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CONSTEXT000017667819_0
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CONSTEXT000017667819
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AN
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Rejet
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A.N., Seine-Maritime (2ème circ.)
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88-1094
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1988-11-23
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Le Conseil constitutionnel,
Vu la requête présentée par M. Pierre Albertini, demeurant à Mont-Saint-Aignan, Seine-Maritime, enregistrée au secrétariat général du Conseil constitutionnel le 22 juin 1988, et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 5 et 12 juin 1988 dans la 2e circonscription de la Seine-Maritime pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Dominique Gambier, député, enregistrées comme ci-dessus le 13 juillet 1988 ;Vu les observations présentées par le ministre de l'intérieur et les réponses à ces observations, présentées par MM. Dominique Gambier et Pierre Albertini, enregistrées comme ci-dessus les 9 août, 2 et 9 septembre 1988 ;Vu le mémoire en réplique présenté par M. Pierre Albertini enregistré comme ci-dessus le 9 septembre 1988 ;Vu les autres pièces produites et jointes au dossier ;Vu l'article 59 de la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ;Le rapporteur ayant été entendu ;
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A.N., Seine-Maritime (2ème circ.)
Le Conseil constitutionnel,
Vu la requête présentée par M. Pierre Albertini, demeurant à Mont-Saint-Aignan, Seine-Maritime, enregistrée au secrétariat général du Conseil constitutionnel le 22 juin 1988, et tendant à l'annulation des opérations électorales auxquelles il a été procédé les 5 et 12 juin 1988 dans la 2e circonscription de la Seine-Maritime pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Dominique Gambier, député, enregistrées comme ci-dessus le 13 juillet 1988 ;Vu les observations présentées par le ministre de l'intérieur et les réponses à ces observations, présentées par MM. Dominique Gambier et Pierre Albertini, enregistrées comme ci-dessus les 9 août, 2 et 9 septembre 1988 ;Vu le mémoire en réplique présenté par M. Pierre Albertini enregistré comme ci-dessus le 9 septembre 1988 ;Vu les autres pièces produites et jointes au dossier ;Vu l'article 59 de la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu le code électoral ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ;Le rapporteur ayant été entendu ;
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