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CONSTEXT000017667819_1
|
CONSTEXT000017667819
| 1 |
AN
|
Rejet
|
A.N., Seine-Maritime (2ème circ.)
|
88-1094
|
1988-11-23
|
Sur les conclusions dirigées contre le premier tour de scrutin :1. Considérant qu'à l'issue du premier tour de scrutin aucun candidat n'a été proclamé élu ; qu'ainsi ces conclusions ne sont pas recevables ;Sur les conclusions dirigées contre l'élection de M. Gambier :En ce qui concerne l'imputation de malversations :2. Considérant que pour condamnable qu'ait été la campagne imputant à M. Albertini des malversations commises lors du choix de la commune de Mont-Saint-Aignan, dont il est maire, comme lieu d'implantation d'un hypermarché, il résulte de l'instruction que le nom de M. Albertini avait été publiquement associé dès l'automne 1987 à des infractions pénalement poursuivies ; que l'intéressé avait été en mesure de démentir les accusations portées contre lui et l'avait d'ailleurs déjà fait à plusieurs reprises par voie de presse ; que, dans ces conditions, les irrégularités invoquées par lui n'ont pu, en l'espèce, malgré le faible écart de voix le séparant de son concurrent, exercer d'influence sur le résultat du scrutin ;En ce qui concerne la diffusion d'un tract relatif à l'extension de l'aéroport :3. Considérant que si, dans les communes du canton de Boos, concernées par l'extension de l'aéroport de Rouen, des tracts pouvaient laisser croire, par leur libellé, que M. Albertini était favorable à cette extension, il était loisible à l'intéressé, eu égard au fait que ces imprimés ont été diffusés le 10 juin au matin, de faire connaître publiquement avant le scrutin sa
|
A.N., Seine-Maritime (2ème circ.)
Sur les conclusions dirigées contre le premier tour de scrutin :1. Considérant qu'à l'issue du premier tour de scrutin aucun candidat n'a été proclamé élu ; qu'ainsi ces conclusions ne sont pas recevables ;Sur les conclusions dirigées contre l'élection de M. Gambier :En ce qui concerne l'imputation de malversations :2. Considérant que pour condamnable qu'ait été la campagne imputant à M. Albertini des malversations commises lors du choix de la commune de Mont-Saint-Aignan, dont il est maire, comme lieu d'implantation d'un hypermarché, il résulte de l'instruction que le nom de M. Albertini avait été publiquement associé dès l'automne 1987 à des infractions pénalement poursuivies ; que l'intéressé avait été en mesure de démentir les accusations portées contre lui et l'avait d'ailleurs déjà fait à plusieurs reprises par voie de presse ; que, dans ces conditions, les irrégularités invoquées par lui n'ont pu, en l'espèce, malgré le faible écart de voix le séparant de son concurrent, exercer d'influence sur le résultat du scrutin ;En ce qui concerne la diffusion d'un tract relatif à l'extension de l'aéroport :3. Considérant que si, dans les communes du canton de Boos, concernées par l'extension de l'aéroport de Rouen, des tracts pouvaient laisser croire, par leur libellé, que M. Albertini était favorable à cette extension, il était loisible à l'intéressé, eu égard au fait que ces imprimés ont été diffusés le 10 juin au matin, de faire connaître publiquement avant le scrutin sa
|
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|
CONSTEXT000017667819_2
|
CONSTEXT000017667819
| 2 |
AN
|
Rejet
|
A.N., Seine-Maritime (2ème circ.)
|
88-1094
|
1988-11-23
|
était favorable à cette extension, il était loisible à l'intéressé, eu égard au fait que ces imprimés ont été diffusés le 10 juin au matin, de faire connaître publiquement avant le scrutin sa position exacte sur ce projet d'extension qui avait déjà été porté à la connaissance du public ;En ce qui concerne la campagne d'appels téléphoniques :4. Considérant enfin que la campagne d'appels téléphoniques, entre le 6 et le 10 juin, présentant M. Albertini comme prêt à se rallier à la majorité présidentielle, a fait l'objet en temps utile d'une mise au point de la part d'un groupement politique soutenant sa candidature ; qu'aucune confusion ne pouvait par suite en résulter dans l'esprit des électeurs ;5. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction que la requête de M. Albertini doit être rejetée ;
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A.N., Seine-Maritime (2ème circ.)
était favorable à cette extension, il était loisible à l'intéressé, eu égard au fait que ces imprimés ont été diffusés le 10 juin au matin, de faire connaître publiquement avant le scrutin sa position exacte sur ce projet d'extension qui avait déjà été porté à la connaissance du public ;En ce qui concerne la campagne d'appels téléphoniques :4. Considérant enfin que la campagne d'appels téléphoniques, entre le 6 et le 10 juin, présentant M. Albertini comme prêt à se rallier à la majorité présidentielle, a fait l'objet en temps utile d'une mise au point de la part d'un groupement politique soutenant sa candidature ; qu'aucune confusion ne pouvait par suite en résulter dans l'esprit des électeurs ;5. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction que la requête de M. Albertini doit être rejetée ;
|
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CONSTEXT000017667819_3
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CONSTEXT000017667819
| 3 |
AN
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Rejet
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A.N., Seine-Maritime (2ème circ.)
|
88-1094
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1988-11-23
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Décide :Article premier :La requête susvisée de M. Pierre Albertini 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 23 novembre 1988, où siégeaient : MM. Robert BADINTER, président, Louis JOXE, Robert LECOURT, Daniel MAYER, Léon JOZEAU-MARIGNÉ, Georges VEDEL, Robert FABRE, Francis MOLLET-VIÉVILLE, Jacques LATSCHA.
|
A.N., Seine-Maritime (2ème circ.)
Décide :Article premier :La requête susvisée de M. Pierre Albertini 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 23 novembre 1988, où siégeaient : MM. Robert BADINTER, président, Louis JOXE, Robert LECOURT, Daniel MAYER, Léon JOZEAU-MARIGNÉ, Georges VEDEL, Robert FABRE, Francis MOLLET-VIÉVILLE, Jacques LATSCHA.
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CONSTEXT000017667867_0
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CONSTEXT000017667867
| 0 |
AN
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Inéligibilité
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A.N., Hauts-de-Seine (10ème circ.)
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97-2509
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1998-03-12
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Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2509 au secrétariat général du Conseil constitutionnel, le 12 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 30 décembre 1997 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Frédéric JANVIER, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 10ème circonscription du département des Hauts-de-Seine ; Vu les observations présentées par M. JANVIER, enregistrées comme ci-dessus le 23 janvier 1998 ; Vu le mémoire en réplique présenté par la Commission nationale des comptes de campagne et des financements politiques, enregistré comme ci-dessus le 10 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 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., Hauts-de-Seine (10ème circ.)
Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2509 au secrétariat général du Conseil constitutionnel, le 12 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 30 décembre 1997 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Frédéric JANVIER, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 10ème circonscription du département des Hauts-de-Seine ; Vu les observations présentées par M. JANVIER, enregistrées comme ci-dessus le 23 janvier 1998 ; Vu le mémoire en réplique présenté par la Commission nationale des comptes de campagne et des financements politiques, enregistré comme ci-dessus le 10 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 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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CONSTEXT000017667867_1
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CONSTEXT000017667867
| 1 |
AN
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Inéligibilité
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A.N., Hauts-de-Seine (10ème circ.)
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97-2509
|
1998-03-12
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1. Considérant qu'aux termes du deuxième alinéa de l'article L. 52-12 du code électoral : "Dans les deux mois qui suivent le tour de scrutin où l'élection a été acquise, chaque candidat ou candidat tête de liste présent au premier tour dépose à la préfecture son compte de campagne..." ; que ce délai, qui doit se décompter de jour à jour, présente un caractère impératif ; quels que soient le nombre de voix recueillies par le candidat et le montant de ses recettes et dépenses électorales ;2. Considérant que l'élection à laquelle se présentait M. JANVIER dans la 10ème circonscription du département des Hauts-de-Seine a été acquise le 2 juin 1997 ; qu'il est constant que le 2 août 1997 à minuit, date à laquelle expirait le délai prévu à l'article L. 52-12 du code électoral, M. JANVIER n'avait pas fait parvenir son compte de campagne à la préfecture ;3. Considérant qu'en vertu du deuxième alinéa de l'article L.O. 128 du code électoral, est inéligible pendant la durée d'un an celui qui n'a pas déposé son compte de campagne dans les conditions et le délai prescrits par l'article L. 52-12 ; que, conformément aux prescriptions de l'article L.O. 136-1 du même code, 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 dispositions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en
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A.N., Hauts-de-Seine (10ème circ.)
1. Considérant qu'aux termes du deuxième alinéa de l'article L. 52-12 du code électoral : "Dans les deux mois qui suivent le tour de scrutin où l'élection a été acquise, chaque candidat ou candidat tête de liste présent au premier tour dépose à la préfecture son compte de campagne..." ; que ce délai, qui doit se décompter de jour à jour, présente un caractère impératif ; quels que soient le nombre de voix recueillies par le candidat et le montant de ses recettes et dépenses électorales ;2. Considérant que l'élection à laquelle se présentait M. JANVIER dans la 10ème circonscription du département des Hauts-de-Seine a été acquise le 2 juin 1997 ; qu'il est constant que le 2 août 1997 à minuit, date à laquelle expirait le délai prévu à l'article L. 52-12 du code électoral, M. JANVIER n'avait pas fait parvenir son compte de campagne à la préfecture ;3. Considérant qu'en vertu du deuxième alinéa de l'article L.O. 128 du code électoral, est inéligible pendant la durée d'un an celui qui n'a pas déposé son compte de campagne dans les conditions et le délai prescrits par l'article L. 52-12 ; que, conformément aux prescriptions de l'article L.O. 136-1 du même code, 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 dispositions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en
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CONSTEXT000017667867_2
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CONSTEXT000017667867
| 2 |
AN
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Inéligibilité
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A.N., Hauts-de-Seine (10ème circ.)
|
97-2509
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1998-03-12
|
du cas de tout candidat susceptible de se voir opposer les dispositions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. JANVIER inéligible pour une durée d'un an à compter du 12 mars 1998, date de la présente décision,
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A.N., Hauts-de-Seine (10ème circ.)
du cas de tout candidat susceptible de se voir opposer les dispositions du deuxième alinéa de l'article L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. JANVIER inéligible pour une durée d'un an à compter du 12 mars 1998, date de la présente décision,
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CONSTEXT000017667867_3
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CONSTEXT000017667867
| 3 |
AN
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Inéligibilité
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A.N., Hauts-de-Seine (10ème circ.)
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97-2509
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1998-03-12
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Décide :Article premier :Monsieur Frédéric JANVIER est déclaré inéligible, en application de l'article L.O. 128 du code électoral, pour une durée d'un an à compter du 12 mars 1998. Article 2 :La présente décision sera notifiée à Monsieur JANVIER, 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 12 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., Hauts-de-Seine (10ème circ.)
Décide :Article premier :Monsieur Frédéric JANVIER est déclaré inéligible, en application de l'article L.O. 128 du code électoral, pour une durée d'un an à compter du 12 mars 1998. Article 2 :La présente décision sera notifiée à Monsieur JANVIER, 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 12 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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CONSTEXT000017667802_0
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CONSTEXT000017667802
| 0 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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Le Conseil constitutionnel a été saisi, le 19 décembre 1984, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Marc Lauriol, Pierre Messmer, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Roger Corrèze, Jacques Toubon, Christian Bergelin, Jean-Paul Charié, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jean-Louis Goasduff, Claude-Gérard Marcus, Maurice Couve de Murville, Alain Peyrefitte, Robert-André Vivien, Pierre-Charles Krieg, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, Régis Perbet, Michel Barnier, Jean-Paul de Rocca Serra, Emmanuel Aubert, Michel Cointat, René La Combe, Charles Paccou, Roland Vuillaume, Philippe Séguin, Didier Julia, Jean Foyer, Michel Noir, Jacques Chaban-Delmas, Camille Petit, Henri de Gastines, Hyacinthe Santoni, Pierre Bas, Georges Tranchant, Yves Lancien, Georges Gorse, Pierre-Bernard Cousté, Jean-Claude Gaudin, Mme Louise Moreau, MM Charles Deprez, Jean Bégault, Marcel Bigeard, Jacques Blanc, Henri Baudouin, Michel d'Ornano, Philippe Mestre, Albert Brochard, Yves Sautier, Adrien Zeller, Pierre Méhaignerie, Pierre Micaux, René Haby, Francis Geng, Jacques Dominati, Germain Gengenwin, Joseph-Henri Maujoüan du Gasset, Charles Fèvre, François d'Aubert, Alain Madelin, Claude Birraux, Jean Briane, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci
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Loi relative au redressement et à la liquidation judiciaire des entreprises
Le Conseil constitutionnel a été saisi, le 19 décembre 1984, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Marc Lauriol, Pierre Messmer, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Roger Corrèze, Jacques Toubon, Christian Bergelin, Jean-Paul Charié, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jean-Louis Goasduff, Claude-Gérard Marcus, Maurice Couve de Murville, Alain Peyrefitte, Robert-André Vivien, Pierre-Charles Krieg, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, Régis Perbet, Michel Barnier, Jean-Paul de Rocca Serra, Emmanuel Aubert, Michel Cointat, René La Combe, Charles Paccou, Roland Vuillaume, Philippe Séguin, Didier Julia, Jean Foyer, Michel Noir, Jacques Chaban-Delmas, Camille Petit, Henri de Gastines, Hyacinthe Santoni, Pierre Bas, Georges Tranchant, Yves Lancien, Georges Gorse, Pierre-Bernard Cousté, Jean-Claude Gaudin, Mme Louise Moreau, MM Charles Deprez, Jean Bégault, Marcel Bigeard, Jacques Blanc, Henri Baudouin, Michel d'Ornano, Philippe Mestre, Albert Brochard, Yves Sautier, Adrien Zeller, Pierre Méhaignerie, Pierre Micaux, René Haby, Francis Geng, Jacques Dominati, Germain Gengenwin, Joseph-Henri Maujoüan du Gasset, Charles Fèvre, François d'Aubert, Alain Madelin, Claude Birraux, Jean Briane, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci
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CONSTEXT000017667802_1
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CONSTEXT000017667802
| 1 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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du Gasset, Charles Fèvre, François d'Aubert, Alain Madelin, Claude Birraux, Jean Briane, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi relative au redressement et à la liquidation judiciaires des entreprises ;
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Loi relative au redressement et à la liquidation judiciaire des entreprises
du Gasset, Charles Fèvre, François d'Aubert, Alain Madelin, Claude Birraux, Jean Briane, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi relative au redressement et à la liquidation judiciaires des entreprises ;
|
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CONSTEXT000017667802_2
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CONSTEXT000017667802
| 2 |
DC
|
Non conformité partielle
|
Loi relative au redressement et à la liquidation judiciaire des entreprises
|
84-183
|
1985-01-18
|
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 III de ladite ordonnance ;Le rapporteur ayant été entendu ;
|
Loi relative au redressement et à la liquidation judiciaire des entreprises
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 III de ladite ordonnance ;Le rapporteur ayant été entendu ;
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CONSTEXT000017667802_3
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CONSTEXT000017667802
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DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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1. Considérant que les auteurs de la saisine demandent au Conseil constitutionnel de déclarer non conformes à la Constitution les dispositions de la loi relative au redressement et à la liquidation judiciaires des entreprises, en ce que l'article 40 de cette loi méconnaîtrait les principes d'égalité devant la loi et de non-rétroactivité, les articles 171 et 174 la séparation des pouvoirs et les droits de la défense et l'article 207 le principe de la légalité des délits et des peines ;Sur l'article 40 de la loi :2. Considérant que l'article 40 de la loi dispose, au cas où l'activité de l'entreprise est poursuivie pendant la période d'observation, que sont payées à leur échéance les créances nées après le jugement d'ouverture de la procédure de redressement ; qu'en cas de cession totale ou de liquidation de l'entreprise, ou lorsque ces créances ne sont pas payées à leur échéance, "elles sont payées par priorité à toutes autres créances, assorties ou non de privilèges ou sûretés, à l'exception des créances garanties par le privilège établi aux articles L 143-10, L 143-11, L 742-6 et L 751-15 du code du travail" ; qu'en application de ces dispositions, le deuxième alinéa de l'article 40 de la loi précise l'ordre de paiement à respecter ;3. Considérant que, pour contester la conformité à la Constitution de l'article 40 susvisé, les auteurs de la saisine font valoir que les droits réels d'hypothèque et de gage constitués avant le vote de la loi sont anéantis par celle-ci et leurs
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Loi relative au redressement et à la liquidation judiciaire des entreprises
1. Considérant que les auteurs de la saisine demandent au Conseil constitutionnel de déclarer non conformes à la Constitution les dispositions de la loi relative au redressement et à la liquidation judiciaires des entreprises, en ce que l'article 40 de cette loi méconnaîtrait les principes d'égalité devant la loi et de non-rétroactivité, les articles 171 et 174 la séparation des pouvoirs et les droits de la défense et l'article 207 le principe de la légalité des délits et des peines ;Sur l'article 40 de la loi :2. Considérant que l'article 40 de la loi dispose, au cas où l'activité de l'entreprise est poursuivie pendant la période d'observation, que sont payées à leur échéance les créances nées après le jugement d'ouverture de la procédure de redressement ; qu'en cas de cession totale ou de liquidation de l'entreprise, ou lorsque ces créances ne sont pas payées à leur échéance, "elles sont payées par priorité à toutes autres créances, assorties ou non de privilèges ou sûretés, à l'exception des créances garanties par le privilège établi aux articles L 143-10, L 143-11, L 742-6 et L 751-15 du code du travail" ; qu'en application de ces dispositions, le deuxième alinéa de l'article 40 de la loi précise l'ordre de paiement à respecter ;3. Considérant que, pour contester la conformité à la Constitution de l'article 40 susvisé, les auteurs de la saisine font valoir que les droits réels d'hypothèque et de gage constitués avant le vote de la loi sont anéantis par celle-ci et leurs
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CONSTEXT000017667802_4
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CONSTEXT000017667802
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DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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à la Constitution de l'article 40 susvisé, les auteurs de la saisine font valoir que les droits réels d'hypothèque et de gage constitués avant le vote de la loi sont anéantis par celle-ci et leurs titulaires rétroactivement privés des garanties de leurs créances ; que, faute de prévoir un droit à indemnisation, cet anéantissement de droits réels au profit de nouveaux créanciers est contraire aux principe de non-rétroactivité et d'égalité devant la loi et les charges publiques ;4. Considérant que, contrairement à ce que soutiennent les auteurs de la saisine, l'article 40 de la loi ne comporte aucun anéantissement de droits réels mais se borne à modifier l'ordre de priorité des paiements qu'ils garantissent ; qu'en vertu des articles 240 et 243, ces dispositions ne sont applicables que dans les procédures ouvertes postérieurement à l'entrée en vigueur de la loi ; que si les créances assorties d'une sûreté réelle spéciale peuvent se trouver, en cas d'insuffisance d'actif, primées par des créances postérieures au jugement d'ouverture de la procédure de redressement, cette situation, étrangère à la matière pénale, n'est contraire à aucune règle constitutionnelle ;5. Considérant que l'article 40 ne méconnaît pas davantage le principe d'égalité devant la loi et les charges publiques ; qu'en effet, la loi a pu, sans être astreinte à prévoir quelque indemnisation que ce soit, modifier le rang des créances assorties de sûretés réelles à l'avantage de créanciers qui, depuis l'ouverture
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Loi relative au redressement et à la liquidation judiciaire des entreprises
à la Constitution de l'article 40 susvisé, les auteurs de la saisine font valoir que les droits réels d'hypothèque et de gage constitués avant le vote de la loi sont anéantis par celle-ci et leurs titulaires rétroactivement privés des garanties de leurs créances ; que, faute de prévoir un droit à indemnisation, cet anéantissement de droits réels au profit de nouveaux créanciers est contraire aux principe de non-rétroactivité et d'égalité devant la loi et les charges publiques ;4. Considérant que, contrairement à ce que soutiennent les auteurs de la saisine, l'article 40 de la loi ne comporte aucun anéantissement de droits réels mais se borne à modifier l'ordre de priorité des paiements qu'ils garantissent ; qu'en vertu des articles 240 et 243, ces dispositions ne sont applicables que dans les procédures ouvertes postérieurement à l'entrée en vigueur de la loi ; que si les créances assorties d'une sûreté réelle spéciale peuvent se trouver, en cas d'insuffisance d'actif, primées par des créances postérieures au jugement d'ouverture de la procédure de redressement, cette situation, étrangère à la matière pénale, n'est contraire à aucune règle constitutionnelle ;5. Considérant que l'article 40 ne méconnaît pas davantage le principe d'égalité devant la loi et les charges publiques ; qu'en effet, la loi a pu, sans être astreinte à prévoir quelque indemnisation que ce soit, modifier le rang des créances assorties de sûretés réelles à l'avantage de créanciers qui, depuis l'ouverture
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CONSTEXT000017667802_5
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CONSTEXT000017667802
| 5 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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effet, la loi a pu, sans être astreinte à prévoir quelque indemnisation que ce soit, modifier le rang des créances assorties de sûretés réelles à l'avantage de créanciers qui, depuis l'ouverture de la procédure, ont concouru à la réalisation de l'objectif d'intérêt général de redressement des entreprises en difficulté ; qu'ainsi, elle a soumis à des règles différentes des créanciers placés dans des situations différentes au regard de l'objectif poursuivi ; que l'article 40 de la loi n'est donc pas contraire à la Constitution ;Sur les articles 171 et 174 de la loi :6. Considérant qu'aux termes des articles 171 et 174 de la loi le ministère public peut interjeter appel ou se pourvoir en cassation à l'encontre des décisions ou jugements ; que ces dispositions précisent "même s'il n'a pas agi comme partie principale" ;7. Considérant qu'il est reproché auxdits articles de méconnaître les droits de la défense, en ce que le ministère public, simple partie jointe à la procédure de première instance, reçoit le droit exceptionnel d'exercer des voies de recours réservées aux parties principales, en contradiction avec le principe d'égalité des parties devant le juge ;8. Considérant que le ministère public, chargé de la défense de l'ordre public, peut recevoir les moyens de procédure appropriés pour lui permettre de remplir sa mission ; que la loi peut ainsi lui ouvrir les voies de recours réservées aux parties principales, alors même qu'il n'aurait pas agi à ce titre devant le premier
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Loi relative au redressement et à la liquidation judiciaire des entreprises
effet, la loi a pu, sans être astreinte à prévoir quelque indemnisation que ce soit, modifier le rang des créances assorties de sûretés réelles à l'avantage de créanciers qui, depuis l'ouverture de la procédure, ont concouru à la réalisation de l'objectif d'intérêt général de redressement des entreprises en difficulté ; qu'ainsi, elle a soumis à des règles différentes des créanciers placés dans des situations différentes au regard de l'objectif poursuivi ; que l'article 40 de la loi n'est donc pas contraire à la Constitution ;Sur les articles 171 et 174 de la loi :6. Considérant qu'aux termes des articles 171 et 174 de la loi le ministère public peut interjeter appel ou se pourvoir en cassation à l'encontre des décisions ou jugements ; que ces dispositions précisent "même s'il n'a pas agi comme partie principale" ;7. Considérant qu'il est reproché auxdits articles de méconnaître les droits de la défense, en ce que le ministère public, simple partie jointe à la procédure de première instance, reçoit le droit exceptionnel d'exercer des voies de recours réservées aux parties principales, en contradiction avec le principe d'égalité des parties devant le juge ;8. Considérant que le ministère public, chargé de la défense de l'ordre public, peut recevoir les moyens de procédure appropriés pour lui permettre de remplir sa mission ; que la loi peut ainsi lui ouvrir les voies de recours réservées aux parties principales, alors même qu'il n'aurait pas agi à ce titre devant le premier
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CONSTEXT000017667802_6
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CONSTEXT000017667802
| 6 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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pour lui permettre de remplir sa mission ; que la loi peut ainsi lui ouvrir les voies de recours réservées aux parties principales, alors même qu'il n'aurait pas agi à ce titre devant le premier juge ; que les droits des autres parties ne sont pas méconnus dès lors qu'il n'est pas porté atteinte au caractère contradictoire de la procédure ;Sur l'article 207 de la loi :9. Considérant qu'aux termes de l'article 207, alinéa 1er, de la loi "est puni des peines prévues par le deuxième alinéa de l'article 408 du code pénal, tout administrateur, représentant des créanciers, liquidateur ou commissaire à l'exécution du plan qui se rend coupable de malversation dans l'exercice de sa mission" ;10. Considérant que les auteurs de la saisine soutiennent qu'en ne définissant pas le délit de malversation ainsi prévu cette disposition viole l'article 8 de la Déclaration des droits de l'homme de 1789 ;11. Considérant qu'en vertu de l'article 8 de ladite déclaration : "la loi ne doit établir que des peines strictement et évidemment nécessaires, et nul ne peut être puni qu'en vertu d'une loi établie et promulguée antérieurement au délit, et légalement appliquée" ; que l'article 34 de la Constitution précise que "la loi fixe les règles concernant : la détermination des crimes et délits ainsi que les peines qui leur sont applicables" ;12. Considérant qu'il résulte de ces dispositions l'obligation pour le législateur de fixer les règles concernant la détermination des infractions ; que, par voie
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Loi relative au redressement et à la liquidation judiciaire des entreprises
pour lui permettre de remplir sa mission ; que la loi peut ainsi lui ouvrir les voies de recours réservées aux parties principales, alors même qu'il n'aurait pas agi à ce titre devant le premier juge ; que les droits des autres parties ne sont pas méconnus dès lors qu'il n'est pas porté atteinte au caractère contradictoire de la procédure ;Sur l'article 207 de la loi :9. Considérant qu'aux termes de l'article 207, alinéa 1er, de la loi "est puni des peines prévues par le deuxième alinéa de l'article 408 du code pénal, tout administrateur, représentant des créanciers, liquidateur ou commissaire à l'exécution du plan qui se rend coupable de malversation dans l'exercice de sa mission" ;10. Considérant que les auteurs de la saisine soutiennent qu'en ne définissant pas le délit de malversation ainsi prévu cette disposition viole l'article 8 de la Déclaration des droits de l'homme de 1789 ;11. Considérant qu'en vertu de l'article 8 de ladite déclaration : "la loi ne doit établir que des peines strictement et évidemment nécessaires, et nul ne peut être puni qu'en vertu d'une loi établie et promulguée antérieurement au délit, et légalement appliquée" ; que l'article 34 de la Constitution précise que "la loi fixe les règles concernant : la détermination des crimes et délits ainsi que les peines qui leur sont applicables" ;12. Considérant qu'il résulte de ces dispositions l'obligation pour le législateur de fixer les règles concernant la détermination des infractions ; que, par voie
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CONSTEXT000017667802_7
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CONSTEXT000017667802
| 7 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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peines qui leur sont applicables" ;12. Considérant qu'il résulte de ces dispositions l'obligation pour le législateur de fixer les règles concernant la détermination des infractions ; que, par voie de conséquence, il doit en définir les éléments constitutifs en des termes clairs et précis ; qu'en prévoyant un délit de malversation dont, pas plus que les lois du 28 mai 1838 et du 4 mars 1889, l'article 207 n'a déterminé les éléments constitutifs, la loi soumise au Conseil constitutionnel n'a pas défini l'infraction qu'il vise à réprimer ; que cette disposition qui figure à l'alinéa 1er de l'article 207 de la loi examinée doit donc être déclarée non conforme à la Constitution ; que les autres dispositions de cet article, en elles-mêmes non contraires à la Constitution, ne peuvent pas, pour des raisons de rédaction, être regardées comme séparables de l'alinéa 1er ; qu'en conséquence l'article 207 doit donc être déclaré non conforme à la Constitution ;13. Considérant que l'expression : "sans préjudice des dispositions de l'article 207" figurant aux articles 41, alinéa 2, 151 et 240, alinéa 3, est inséparable des dispositions déclarées non conformes à la Constitution ;Sur les autres dispositions de la loi :14. Considérant que l'article 175, alinéa 1er, de la loi, applicable à l'ensemble des jugements susceptibles d'appels rendus dans les procédures de redressement et de liquidation judiciaires des entreprises, est ainsi conçu : "lorsque la cour d'appel n'a pas statué au fond dans
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Loi relative au redressement et à la liquidation judiciaire des entreprises
peines qui leur sont applicables" ;12. Considérant qu'il résulte de ces dispositions l'obligation pour le législateur de fixer les règles concernant la détermination des infractions ; que, par voie de conséquence, il doit en définir les éléments constitutifs en des termes clairs et précis ; qu'en prévoyant un délit de malversation dont, pas plus que les lois du 28 mai 1838 et du 4 mars 1889, l'article 207 n'a déterminé les éléments constitutifs, la loi soumise au Conseil constitutionnel n'a pas défini l'infraction qu'il vise à réprimer ; que cette disposition qui figure à l'alinéa 1er de l'article 207 de la loi examinée doit donc être déclarée non conforme à la Constitution ; que les autres dispositions de cet article, en elles-mêmes non contraires à la Constitution, ne peuvent pas, pour des raisons de rédaction, être regardées comme séparables de l'alinéa 1er ; qu'en conséquence l'article 207 doit donc être déclaré non conforme à la Constitution ;13. Considérant que l'expression : "sans préjudice des dispositions de l'article 207" figurant aux articles 41, alinéa 2, 151 et 240, alinéa 3, est inséparable des dispositions déclarées non conformes à la Constitution ;Sur les autres dispositions de la loi :14. Considérant que l'article 175, alinéa 1er, de la loi, applicable à l'ensemble des jugements susceptibles d'appels rendus dans les procédures de redressement et de liquidation judiciaires des entreprises, est ainsi conçu : "lorsque la cour d'appel n'a pas statué au fond dans
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CONSTEXT000017667802_8
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CONSTEXT000017667802
| 8 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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des jugements susceptibles d'appels rendus dans les procédures de redressement et de liquidation judiciaires des entreprises, est ainsi conçu : "lorsque la cour d'appel n'a pas statué au fond dans les deux mois suivant le prononcé du jugement entrepris, celui-ci acquiert autorité de chose jugée. Dans ce cas, le pourvoi en cassation est formé contre le jugement de première instance." ;15. Considérant qu'il résulte de ces dispositions que, dans toutes les procédures d'appel prévues par la loi, les justiciables sont placés quelles que soient leurs diligences, dans des situations différentes au regard des garanties qu'offre l'exercice d'une même voie de recours selon que la cour d'appel statue ou non dans le délai qui lui est imparti ; que le premier alinéa de l'article 175 méconnaît ainsi le principe d'égal accès des citoyens à la justice et doit être déclaré non conforme à la Constitution ;16. Considérant que les dispositions de l'article 177, alinéa 2 : "ou jusqu'à la date à laquelle la décision attaquée est confirmée en application de l'article 175" sont inséparables des dispositions déclarées non conformes à la Constitution ;17. 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 relative au redressement et à la liquidation judiciaire des entreprises
des jugements susceptibles d'appels rendus dans les procédures de redressement et de liquidation judiciaires des entreprises, est ainsi conçu : "lorsque la cour d'appel n'a pas statué au fond dans les deux mois suivant le prononcé du jugement entrepris, celui-ci acquiert autorité de chose jugée. Dans ce cas, le pourvoi en cassation est formé contre le jugement de première instance." ;15. Considérant qu'il résulte de ces dispositions que, dans toutes les procédures d'appel prévues par la loi, les justiciables sont placés quelles que soient leurs diligences, dans des situations différentes au regard des garanties qu'offre l'exercice d'une même voie de recours selon que la cour d'appel statue ou non dans le délai qui lui est imparti ; que le premier alinéa de l'article 175 méconnaît ainsi le principe d'égal accès des citoyens à la justice et doit être déclaré non conforme à la Constitution ;16. Considérant que les dispositions de l'article 177, alinéa 2 : "ou jusqu'à la date à laquelle la décision attaquée est confirmée en application de l'article 175" sont inséparables des dispositions déclarées non conformes à la Constitution ;17. 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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CONSTEXT000017667802_9
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CONSTEXT000017667802
| 9 |
DC
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Non conformité partielle
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Loi relative au redressement et à la liquidation judiciaire des entreprises
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84-183
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1985-01-18
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Décide :Article premier : Sont déclarées non conformes à la Constitution : les dispositions de l'article 207 ainsi que celles résultant de l'expression : "sans préjudice des dispositions de l'article 207" figurant aux articles 41, alinéa 2, 151 et 240, alinéa 3 ; les dispositions du premier alinéa de l'article 175 ainsi que celles résultant de l'expression : "ou jusqu'à la date à laquelle la décision attaquée est confirmée en application de l'article 175" figurant à l'article 177, alinéa 2, de la loi relative au redressement et à la liquidation judiciaires des entreprises. Article 2 : Les autres dispositions de la loi sont déclarées conformes à la Constitution. Article 3 : La présente décision sera publiée au Journal officiel de la République française.
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Loi relative au redressement et à la liquidation judiciaire des entreprises
Décide :Article premier : Sont déclarées non conformes à la Constitution : les dispositions de l'article 207 ainsi que celles résultant de l'expression : "sans préjudice des dispositions de l'article 207" figurant aux articles 41, alinéa 2, 151 et 240, alinéa 3 ; les dispositions du premier alinéa de l'article 175 ainsi que celles résultant de l'expression : "ou jusqu'à la date à laquelle la décision attaquée est confirmée en application de l'article 175" figurant à l'article 177, alinéa 2, de la loi relative au redressement et à la liquidation judiciaires des entreprises. Article 2 : Les autres dispositions de la loi sont déclarées conformes à la Constitution. Article 3 : La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017667811_1
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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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Vu la requête présentée par M. Gilbert Barbier, demeurant à Dole, Jura, 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 3e circonscription du Jura pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Jean-Pierre Santa Cruz, député, enregistrées comme ci-dessus le 7 juillet 1988 ;Vu le mémoire en réplique présenté par M. Gilbert Barbier, et la réponse à ce mémoire, présentée par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 28 juillet et 15 septembre 1988 ;Vu les observations présentées par le ministre de l'intérieur et la réponse à ces observations, présentée par M. Gilbert Barbier, enregistrées comme ci-dessus les 9 août et 7 septembre 1988 ;Vu le mémoire en réplique complémentaire présenté par M. Gilbert Barbier et la réponse à ce mémoire, présentée par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 7 et 23 septembre 1988 ;Vu le mémoire présenté par M. Gilbert Barbier et les nouvelles observations en défense présentées par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 29 septembre et 21 octobre 1988 ;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 la loi du 29 juillet 1881 sur la liberté de la presse modifiée notamment par la loi n° 82-506 du 15 juin 1982
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A.N., Jura (3ème circ.)
Vu la requête présentée par M. Gilbert Barbier, demeurant à Dole, Jura, 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 3e circonscription du Jura pour la désignation d'un député à l'Assemblée nationale ;Vu les observations en défense présentées par M. Jean-Pierre Santa Cruz, député, enregistrées comme ci-dessus le 7 juillet 1988 ;Vu le mémoire en réplique présenté par M. Gilbert Barbier, et la réponse à ce mémoire, présentée par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 28 juillet et 15 septembre 1988 ;Vu les observations présentées par le ministre de l'intérieur et la réponse à ces observations, présentée par M. Gilbert Barbier, enregistrées comme ci-dessus les 9 août et 7 septembre 1988 ;Vu le mémoire en réplique complémentaire présenté par M. Gilbert Barbier et la réponse à ce mémoire, présentée par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 7 et 23 septembre 1988 ;Vu le mémoire présenté par M. Gilbert Barbier et les nouvelles observations en défense présentées par M. Jean-Pierre Santa Cruz, enregistrés comme ci-dessus les 29 septembre et 21 octobre 1988 ;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 la loi du 29 juillet 1881 sur la liberté de la presse modifiée notamment par la loi n° 82-506 du 15 juin 1982
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CONSTEXT000017667811_2
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CONSTEXT000017667811
| 2 |
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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n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu la loi du 29 juillet 1881 sur la liberté de la presse modifiée notamment par la loi n° 82-506 du 15 juin 1982 ;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., Jura (3ème circ.)
n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;Vu la loi du 29 juillet 1881 sur la liberté de la presse modifiée notamment par la loi n° 82-506 du 15 juin 1982 ;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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CONSTEXT000017667811_3
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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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En ce qui concerne la diffusion d'un tract :1. Considérant que dans la nuit du 10 au 11 juin 1988 un tract reproduisant, à partir d'un montage, un article paru dans un hebdomadaire national au mois de janvier 1988 et comportant des imputations diffamatoires de nature à jeter le discrédit sur M. Barbier a été affiché et diffusé ;2. Considérant toutefois que le tract litigieux, dont la diffusion est restée limitée, reproduisait des allégations déjà publiées plusieurs mois auparavant ; qu'il était même identique à un tract affiché à Dole au début de l'année ; que M. Barbier avait été conduit à saisir le juge pénal d'une action en diffamation qui a entraîné l'intervention, le 27 mai 1988, d'un jugement de condamnation du tribunal de grande instance de Paris, statuant en matière correctionnelle, et qui a été frappé d'appel ; qu'ainsi, et quel que soit l'auteur du tract, sa diffusion la veille du scrutin, pour répréhensible qu'elle soit, n'a pu exercer d'influence déterminante sur le vote des électeurs ;En ce qui concerne l'apposition d'inscriptions obscènes et malveillantes :3. Considérant que, si des inscriptions obscènes et malveillantes à l'égard de M. Barbier ont été apposées dans la nuit du 10 au 11 juin 1988 sur trois bâtiments de la ville de Dole, ces actes de vandalisme isolés n'ont pu davantage influer sur l'issue de l'élection ;En ce qui concerne les modalités d'intervention d'un comité de soutien :4. Considérant que la mention sur la liste des membres du comité de
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A.N., Jura (3ème circ.)
En ce qui concerne la diffusion d'un tract :1. Considérant que dans la nuit du 10 au 11 juin 1988 un tract reproduisant, à partir d'un montage, un article paru dans un hebdomadaire national au mois de janvier 1988 et comportant des imputations diffamatoires de nature à jeter le discrédit sur M. Barbier a été affiché et diffusé ;2. Considérant toutefois que le tract litigieux, dont la diffusion est restée limitée, reproduisait des allégations déjà publiées plusieurs mois auparavant ; qu'il était même identique à un tract affiché à Dole au début de l'année ; que M. Barbier avait été conduit à saisir le juge pénal d'une action en diffamation qui a entraîné l'intervention, le 27 mai 1988, d'un jugement de condamnation du tribunal de grande instance de Paris, statuant en matière correctionnelle, et qui a été frappé d'appel ; qu'ainsi, et quel que soit l'auteur du tract, sa diffusion la veille du scrutin, pour répréhensible qu'elle soit, n'a pu exercer d'influence déterminante sur le vote des électeurs ;En ce qui concerne l'apposition d'inscriptions obscènes et malveillantes :3. Considérant que, si des inscriptions obscènes et malveillantes à l'égard de M. Barbier ont été apposées dans la nuit du 10 au 11 juin 1988 sur trois bâtiments de la ville de Dole, ces actes de vandalisme isolés n'ont pu davantage influer sur l'issue de l'élection ;En ce qui concerne les modalités d'intervention d'un comité de soutien :4. Considérant que la mention sur la liste des membres du comité de
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CONSTEXT000017667811_4
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CONSTEXT000017667811
| 4 |
AN
|
Rejet
|
A.N., Jura (3ème circ.)
|
88-1086
|
1988-11-23
|
n'ont pu davantage influer sur l'issue de l'élection ;En ce qui concerne les modalités d'intervention d'un comité de soutien :4. Considérant que la mention sur la liste des membres du comité de soutien de M. Santa Cruz des qualités de président de l'office municipal des sports de Dole de l'un de ses membres et de président d'un club de football d'un autre membre n'ont pu induire en erreur les électeurs sur le caractère personnel de l'engagement politique et n'a pas constitué, en l'espèce, une pression sur l'électorat ;En ce qui concerne l'application de l'article 41 de la loi du 29 juillet 1881 :5. Considérant que les affirmations figurant dans le mémoire en défense de M. Santa Cruz ne présentent pas le caractère de discours injurieux, outrageant ou diffamatoire justifiant l'application des dispositions du quatrième alinéa de l'article 41 de la loi du 29 juillet 1881, dans sa rédaction issue de la loi n° 82-506 du 15 juin 1982 ; qu'il en est de même de la production par M. Santa Cruz à l'appui de sa défense d'un exemplaire de " La Lettre radicale de Dole et du Jura " dont il n'a pas entendu s'approprier les termes ; qu'en revanche, il y a lieu, en application du cinquième alinéa de l'article 41 de la loi précitée, de réserver au profit de M. Barbier l'exercice éventuel de l'action en diffamation contre les responsables de cette publication ;6. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction, que la
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A.N., Jura (3ème circ.)
n'ont pu davantage influer sur l'issue de l'élection ;En ce qui concerne les modalités d'intervention d'un comité de soutien :4. Considérant que la mention sur la liste des membres du comité de soutien de M. Santa Cruz des qualités de président de l'office municipal des sports de Dole de l'un de ses membres et de président d'un club de football d'un autre membre n'ont pu induire en erreur les électeurs sur le caractère personnel de l'engagement politique et n'a pas constitué, en l'espèce, une pression sur l'électorat ;En ce qui concerne l'application de l'article 41 de la loi du 29 juillet 1881 :5. Considérant que les affirmations figurant dans le mémoire en défense de M. Santa Cruz ne présentent pas le caractère de discours injurieux, outrageant ou diffamatoire justifiant l'application des dispositions du quatrième alinéa de l'article 41 de la loi du 29 juillet 1881, dans sa rédaction issue de la loi n° 82-506 du 15 juin 1982 ; qu'il en est de même de la production par M. Santa Cruz à l'appui de sa défense d'un exemplaire de " La Lettre radicale de Dole et du Jura " dont il n'a pas entendu s'approprier les termes ; qu'en revanche, il y a lieu, en application du cinquième alinéa de l'article 41 de la loi précitée, de réserver au profit de M. Barbier l'exercice éventuel de l'action en diffamation contre les responsables de cette publication ;6. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction, que la
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CONSTEXT000017667811_5
|
CONSTEXT000017667811
| 5 |
AN
|
Rejet
|
A.N., Jura (3ème circ.)
|
88-1086
|
1988-11-23
|
en diffamation contre les responsables de cette publication ;6. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction, que la requête de M. Barbier doit être rejetée,
|
A.N., Jura (3ème circ.)
en diffamation contre les responsables de cette publication ;6. Considérant qu'il résulte de tout ce qui précède et sans qu'il soit besoin d'ordonner une nouvelle mesure d'instruction, que la requête de M. Barbier doit être rejetée,
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CONSTEXT000017667811_6
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CONSTEXT000017667811
| 6 |
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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Décide :Article premier :La requête susvisée de M. Gilbert Barbier est rejetée.Article 2 :Il y a lieu de réserver au profit de M. Barbier l'exercice éventuel de l'action en diffamation à l'encontre des responsables de " La Lettre radicale de Dole et du Jura " .Article 3 :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 23 novembre 1988, où siégeaient : MM. Robert BADINTER, président, Louis JOXE, Robert LECOURT, Daniel MAYER, Léon JOZEAU-MARIGNÉ, Georges VEDEL, Robert FABRE, Francis MOLLET-VIÉVILLE, Jacques LATSCHA.
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A.N., Jura (3ème circ.)
Décide :Article premier :La requête susvisée de M. Gilbert Barbier est rejetée.Article 2 :Il y a lieu de réserver au profit de M. Barbier l'exercice éventuel de l'action en diffamation à l'encontre des responsables de " La Lettre radicale de Dole et du Jura " .Article 3 :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 23 novembre 1988, où siégeaient : MM. Robert BADINTER, président, Louis JOXE, Robert LECOURT, Daniel MAYER, Léon JOZEAU-MARIGNÉ, Georges VEDEL, Robert FABRE, Francis MOLLET-VIÉVILLE, Jacques LATSCHA.
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CONSTEXT000017667830_0
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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Le Conseil constitutionnel a été saisi, le 14 mai 1991, par le Président de l'Assemblée nationale, conformément aux dispositions de l'article 61, alinéa 1, de la Constitution, d'une résolution en date du 7 mai 1991 modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale ;
Le Conseil constitutionnel,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 17, alinéa 2, 19 et 20 ;Vu l'ordonnance n° 58-1100 du 17 novembre 1958 modifiée relative au fonctionnement des assemblées parlementaires ;Vu l'article 164 de l'ordonnance n° 58-1374 du 30 décembre 1958 portant loi de finances pour 1959, modifié notamment par l'article 74 de la loi n° 61-1396 du 21 décembre 1961 portant loi de finances pour 1962 ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances ;Le rapporteur ayant été entendu ;
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
Le Conseil constitutionnel a été saisi, le 14 mai 1991, par le Président de l'Assemblée nationale, conformément aux dispositions de l'article 61, alinéa 1, de la Constitution, d'une résolution en date du 7 mai 1991 modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale ;
Le Conseil constitutionnel,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 17, alinéa 2, 19 et 20 ;Vu l'ordonnance n° 58-1100 du 17 novembre 1958 modifiée relative au fonctionnement des assemblées parlementaires ;Vu l'article 164 de l'ordonnance n° 58-1374 du 30 décembre 1958 portant loi de finances pour 1959, modifié notamment par l'article 74 de la loi n° 61-1396 du 21 décembre 1961 portant loi de finances pour 1962 ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances ;Le rapporteur ayant été entendu ;
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CONSTEXT000017667830_1
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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1. Considérant que les modifications apportées au règlement de l'Assemblée nationale par la résolution soumise à l'examen du Conseil constitutionnel répondent à plusieurs objets ; qu'elles visent, en premier lieu, à faciliter la saisine et la réunion des commissions pendant les périodes où l'Assemblée ne siège pas ; qu'elles tendent, en deuxième lieu, à améliorer l'organisation des débats au moyen d'un aménagement des règles d'examen des motions de procédure et de l'institution d'une nouvelle procédure d'adoption simplifiée des textes; qu'enfin, elles favorisent l'exercice de la fonction de contrôle budgétaire ;- SUR L'ORGANISATION DES TRAVAUX DES COMMISSIONS PENDANT LES PERIODES OU L'ASSEMBLEE NATIONALE NE SIEGE PAS :2. Considérant que les articles 1 et 2 de la résolution visent à faciliter, dans l'intervalle des sessions, tant la réunion des commissions permanentes que le dépôt des projets ou propositions de loi ; que l'article 3 de la résolution a pour but de permettre à une commission permanente de se saisir pour avis même si l'Assemblée ne siège pas ;En ce qui concerne la réunion des commissions permanentes dans l'intervalle des sessions :3. Considérant que l'article 1er de la résolution comporte deux paragraphes ; que le paragraphe I abroge les dispositions de l'article 43 du règlement de l'Assemblée nationale, qui subordonnent la tenue d'une réunion d'une commission permanente dans l'intervalle des sessions à la présence de la majorité des membres en exercice, sauf
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
1. Considérant que les modifications apportées au règlement de l'Assemblée nationale par la résolution soumise à l'examen du Conseil constitutionnel répondent à plusieurs objets ; qu'elles visent, en premier lieu, à faciliter la saisine et la réunion des commissions pendant les périodes où l'Assemblée ne siège pas ; qu'elles tendent, en deuxième lieu, à améliorer l'organisation des débats au moyen d'un aménagement des règles d'examen des motions de procédure et de l'institution d'une nouvelle procédure d'adoption simplifiée des textes; qu'enfin, elles favorisent l'exercice de la fonction de contrôle budgétaire ;- SUR L'ORGANISATION DES TRAVAUX DES COMMISSIONS PENDANT LES PERIODES OU L'ASSEMBLEE NATIONALE NE SIEGE PAS :2. Considérant que les articles 1 et 2 de la résolution visent à faciliter, dans l'intervalle des sessions, tant la réunion des commissions permanentes que le dépôt des projets ou propositions de loi ; que l'article 3 de la résolution a pour but de permettre à une commission permanente de se saisir pour avis même si l'Assemblée ne siège pas ;En ce qui concerne la réunion des commissions permanentes dans l'intervalle des sessions :3. Considérant que l'article 1er de la résolution comporte deux paragraphes ; que le paragraphe I abroge les dispositions de l'article 43 du règlement de l'Assemblée nationale, qui subordonnent la tenue d'une réunion d'une commission permanente dans l'intervalle des sessions à la présence de la majorité des membres en exercice, sauf
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CONSTEXT000017667830_2
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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43 du règlement de l'Assemblée nationale, qui subordonnent la tenue d'une réunion d'une commission permanente dans l'intervalle des sessions à la présence de la majorité des membres en exercice, sauf dans le cas où la réunion se tient à la demande du Gouvernement ; que le paragraphe II de l'article 1er de la résolution substitue aux dispositions ainsi abrogées celles des deux premiers alinéas de l'article 44 du règlement ; que selon le premier alinéa de ce dernier texte, "Dans tous les cas, le quorum est nécessaire à la validité des votes si le tiers des membres présents le demande" ; que suivant le deuxième alinéa, "Lorsqu'un vote ne peut avoir lieu faute de quorum, il a lieu valablement, quel que soit le nombre des membres présents, dans la séance suivante, laquelle ne peut être tenue moins de trois heures après" ;4. Considérant que l'appréciation de la conformité à la Constitution de ces dispositions doit être effectuée compte tenu des dispositions qui demeurent en vigueur des articles 40, alinéa 3, et 42, alinéas 1 et 2, du règlement ; que le troisième alinéa de l'article 40 dispose qu'en dehors des sessions les commissions peuvent être convoquées soit par le Président de l'Assemblée, soit par leur président après accord du bureau de la commission ; que la réunion est annulée ou reportée si plus de la moitié des membres d'une commission le demande, au moins quarante huit heures avant le jour fixé par la convocation ; que l'article 42 du règlement dispose dans son premier
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
43 du règlement de l'Assemblée nationale, qui subordonnent la tenue d'une réunion d'une commission permanente dans l'intervalle des sessions à la présence de la majorité des membres en exercice, sauf dans le cas où la réunion se tient à la demande du Gouvernement ; que le paragraphe II de l'article 1er de la résolution substitue aux dispositions ainsi abrogées celles des deux premiers alinéas de l'article 44 du règlement ; que selon le premier alinéa de ce dernier texte, "Dans tous les cas, le quorum est nécessaire à la validité des votes si le tiers des membres présents le demande" ; que suivant le deuxième alinéa, "Lorsqu'un vote ne peut avoir lieu faute de quorum, il a lieu valablement, quel que soit le nombre des membres présents, dans la séance suivante, laquelle ne peut être tenue moins de trois heures après" ;4. Considérant que l'appréciation de la conformité à la Constitution de ces dispositions doit être effectuée compte tenu des dispositions qui demeurent en vigueur des articles 40, alinéa 3, et 42, alinéas 1 et 2, du règlement ; que le troisième alinéa de l'article 40 dispose qu'en dehors des sessions les commissions peuvent être convoquées soit par le Président de l'Assemblée, soit par leur président après accord du bureau de la commission ; que la réunion est annulée ou reportée si plus de la moitié des membres d'une commission le demande, au moins quarante huit heures avant le jour fixé par la convocation ; que l'article 42 du règlement dispose dans son premier
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CONSTEXT000017667830_3
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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ou reportée si plus de la moitié des membres d'une commission le demande, au moins quarante huit heures avant le jour fixé par la convocation ; que l'article 42 du règlement dispose dans son premier alinéa que "la présence des commissaires est obligatoire" ; que le deuxième alinéa du même article permet, par voie de publication au Journal officiel, de s'assurer du nom des commissaires présents ainsi que des noms de ceux qui se sont excusés ou qui ont été valablement suppléés ; qu'est également prescrite la publication du report d'un vote faute de quorum ;5. Considérant que dans la mesure où, d'une part, est sauvegardée la possibilité pour tous les membres d'une commission permanente de participer aux travaux de celle-ci et, d'autre part, sont maintenues, au stade du vote, des règles concernant le quorum, les modifications apportées aux articles 43 et 44 du règlement par l'article 1er de la résolution ne sont pas contraires à la Constitution ;En ce qui concerne le dépôt des projets et propositions de loi dans l'intervalle des sessions :6. Considérant que l'article 2 de la résolution comprend deux paragraphes ; que le paragraphe I ajoute à l'article 81 du règlement, qui est relatif au dépôt des projets et propositions de loi, un quatrième alinéa aux termes duquel "Dans l'intervalle des sessions, le dépôt fait l'objet d'une annonce au Journal officiel" ; que le paragraphe II abroge le deuxième alinéa de l'article 83 du règlement qui prescrit que "Dans l'intervalle des sessions
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
ou reportée si plus de la moitié des membres d'une commission le demande, au moins quarante huit heures avant le jour fixé par la convocation ; que l'article 42 du règlement dispose dans son premier alinéa que "la présence des commissaires est obligatoire" ; que le deuxième alinéa du même article permet, par voie de publication au Journal officiel, de s'assurer du nom des commissaires présents ainsi que des noms de ceux qui se sont excusés ou qui ont été valablement suppléés ; qu'est également prescrite la publication du report d'un vote faute de quorum ;5. Considérant que dans la mesure où, d'une part, est sauvegardée la possibilité pour tous les membres d'une commission permanente de participer aux travaux de celle-ci et, d'autre part, sont maintenues, au stade du vote, des règles concernant le quorum, les modifications apportées aux articles 43 et 44 du règlement par l'article 1er de la résolution ne sont pas contraires à la Constitution ;En ce qui concerne le dépôt des projets et propositions de loi dans l'intervalle des sessions :6. Considérant que l'article 2 de la résolution comprend deux paragraphes ; que le paragraphe I ajoute à l'article 81 du règlement, qui est relatif au dépôt des projets et propositions de loi, un quatrième alinéa aux termes duquel "Dans l'intervalle des sessions, le dépôt fait l'objet d'une annonce au Journal officiel" ; que le paragraphe II abroge le deuxième alinéa de l'article 83 du règlement qui prescrit que "Dans l'intervalle des sessions
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CONSTEXT000017667830_4
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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des sessions, le dépôt fait l'objet d'une annonce au Journal officiel" ; que le paragraphe II abroge le deuxième alinéa de l'article 83 du règlement qui prescrit que "Dans l'intervalle des sessions les projets de loi peuvent être, à la demande du Gouvernement, renvoyés à l'examen d'une commission permanente ou spéciale" ;7. Considérant que la constitutionnalité de ces dispositions doit être appréciée plus spécialement au regard des articles 40 et 43 de la Constitution ;- Quant à l'application de l'article 40 de la Constitution :8. Considérant que l'article 40 de la Constitution dispose que : "Les propositions et amendements formulés par les membres du Parlement ne sont pas recevables lorsque leur adoption aurait pour conséquence soit une diminution des ressources publiques, soit la création ou l'aggravation d'une charge publique" ;9. Considérant que le respect de l'article 40 exige qu'il soit procédé à un examen systématique de la recevabilité, au regard de cet article, des propositions de loi formulées par les députés et cela antérieurement à l'annonce de leur dépôt et par suite avant qu'elles ne puissent être imprimées, distribuées et renvoyées en commission, afin que soit annoncé le dépôt des seules propositions qui, à l'issue de cet examen, n'auront pas été déclarées irrecevables ;10. Considérant que l'article 2 de la résolution n'est pas contraire à ces exigences dès lors que demeurent applicables les prescriptions du troisième alinéa de l'article 81 du règlement ;
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
des sessions, le dépôt fait l'objet d'une annonce au Journal officiel" ; que le paragraphe II abroge le deuxième alinéa de l'article 83 du règlement qui prescrit que "Dans l'intervalle des sessions les projets de loi peuvent être, à la demande du Gouvernement, renvoyés à l'examen d'une commission permanente ou spéciale" ;7. Considérant que la constitutionnalité de ces dispositions doit être appréciée plus spécialement au regard des articles 40 et 43 de la Constitution ;- Quant à l'application de l'article 40 de la Constitution :8. Considérant que l'article 40 de la Constitution dispose que : "Les propositions et amendements formulés par les membres du Parlement ne sont pas recevables lorsque leur adoption aurait pour conséquence soit une diminution des ressources publiques, soit la création ou l'aggravation d'une charge publique" ;9. Considérant que le respect de l'article 40 exige qu'il soit procédé à un examen systématique de la recevabilité, au regard de cet article, des propositions de loi formulées par les députés et cela antérieurement à l'annonce de leur dépôt et par suite avant qu'elles ne puissent être imprimées, distribuées et renvoyées en commission, afin que soit annoncé le dépôt des seules propositions qui, à l'issue de cet examen, n'auront pas été déclarées irrecevables ;10. Considérant que l'article 2 de la résolution n'est pas contraire à ces exigences dès lors que demeurent applicables les prescriptions du troisième alinéa de l'article 81 du règlement ;
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CONSTEXT000017667892_0
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CONSTEXT000017667892
| 0 |
AN
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Inéligibilité
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A.N., Val-d'Oise (9ème circ.)
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97-2534
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1998-03-12
|
Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2534 au secrétariat général du Conseil constitutionnel, le 19 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 9 janvier 1998 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Didier MANDARINO, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 9ème circonscription du département du Val-d'Oise ; 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. MANDARINO, lequel n'a pas produit d'observations ; 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., Val-d'Oise (9ème circ.)
Le Conseil constitutionnel,
Vu, enregistrée sous le n° 97-2534 au secrétariat général du Conseil constitutionnel, le 19 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 9 janvier 1998 de la Commission de saisir le Conseil constitutionnel, juge de l'élection, de la situation de M. Didier MANDARINO, candidat lors de l'élection législative qui a eu lieu les 25 mai et 1er juin 1997 dans la 9ème circonscription du département du Val-d'Oise ; 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. MANDARINO, lequel n'a pas produit d'observations ; 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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CONSTEXT000017667830_5
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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;10. Considérant que l'article 2 de la résolution n'est pas contraire à ces exigences dès lors que demeurent applicables les prescriptions du troisième alinéa de l'article 81 du règlement ; qu'en vertu de ce texte les propositions de loi sont transmises au bureau de l'Assemblée ou à certains de ses membres délégués par lui à cet effet et "lorsque leur irrecevabilité au sens de l'article 40 de la Constitution est évidente, le dépôt en est refusé" ; que les propositions de loi déposées dans l'intervalle des sessions ne sauraient être soustraites au contrôle ainsi institué ;- Quant à l'application de l'article 43 de la Constitution :11. Considérant qu'aux termes du premier alinéa de l'article 43 de la Constitution "les projets et propositions de loi sont, à la demande du Gouvernement ou de l'assemblée qui en est saisie, envoyés pour examen à des commissions spécialement désignées à cet effet" ; que le second alinéa de l'article 43 énonce que "les projets et propositions pour lesquels une telle demande n'a pas été faite sont envoyés à l'une des commissions permanentes dont le nombre est limité à six dans chaque assemblée" ;12. Considérant qu'il appartient à chaque assemblée parlementaire de déterminer par son règlement les modalités suivant lesquelles aussi bien le Gouvernement que l'assemblée sont mis à même de formuler une demande tendant à ce qu'un projet ou une proposition de loi soit soumis à une commission spécialement créée à cet effet ;13. Considérant que le premier
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
;10. Considérant que l'article 2 de la résolution n'est pas contraire à ces exigences dès lors que demeurent applicables les prescriptions du troisième alinéa de l'article 81 du règlement ; qu'en vertu de ce texte les propositions de loi sont transmises au bureau de l'Assemblée ou à certains de ses membres délégués par lui à cet effet et "lorsque leur irrecevabilité au sens de l'article 40 de la Constitution est évidente, le dépôt en est refusé" ; que les propositions de loi déposées dans l'intervalle des sessions ne sauraient être soustraites au contrôle ainsi institué ;- Quant à l'application de l'article 43 de la Constitution :11. Considérant qu'aux termes du premier alinéa de l'article 43 de la Constitution "les projets et propositions de loi sont, à la demande du Gouvernement ou de l'assemblée qui en est saisie, envoyés pour examen à des commissions spécialement désignées à cet effet" ; que le second alinéa de l'article 43 énonce que "les projets et propositions pour lesquels une telle demande n'a pas été faite sont envoyés à l'une des commissions permanentes dont le nombre est limité à six dans chaque assemblée" ;12. Considérant qu'il appartient à chaque assemblée parlementaire de déterminer par son règlement les modalités suivant lesquelles aussi bien le Gouvernement que l'assemblée sont mis à même de formuler une demande tendant à ce qu'un projet ou une proposition de loi soit soumis à une commission spécialement créée à cet effet ;13. Considérant que le premier
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CONSTEXT000017667830_6
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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que l'assemblée sont mis à même de formuler une demande tendant à ce qu'un projet ou une proposition de loi soit soumis à une commission spécialement créée à cet effet ;13. Considérant que le premier alinéa de l'article 31 du règlement, dont les dispositions demeurent en vigueur, permet que soient formulées des demandes tendant à la constitution d'une commission spéciale de la part, soit du président d'une commission permanente, soit du président d'un groupe, soit de trente députés au moins ;14. Considérant également que sont susceptibles de recevoir application, même dans l'intervalle des sessions, les dispositions de l'article 30, alinéa 2, du règlement en vertu desquelles la constitution d'une commission spéciale est de droit lorsqu'elle est demandée par le Gouvernement ; qu'il est spécifié au même article que la demande doit être formulée pour les projets de loi au moment de leur transmission à l'Assemblée nationale et pour les propositions dans le délai de deux jours francs suivant leur distribution ; que, dans ces conditions, l'abrogation par le paragraphe II de l'article 2 de la résolution des dispositions de l'article 83, alinéa 2, du règlement, en ce qu'elles rappellent la possibilité donnée au Gouvernement, dans l'intervalle des sessions, de demander le renvoi d'un projet de loi à l'examen d'une commission spéciale, n'est pas contraire à la Constitution ;. En ce qui concerne la possibilité reconnue à une commission permanente de se saisir pour avis :15. Considérant
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
que l'assemblée sont mis à même de formuler une demande tendant à ce qu'un projet ou une proposition de loi soit soumis à une commission spécialement créée à cet effet ;13. Considérant que le premier alinéa de l'article 31 du règlement, dont les dispositions demeurent en vigueur, permet que soient formulées des demandes tendant à la constitution d'une commission spéciale de la part, soit du président d'une commission permanente, soit du président d'un groupe, soit de trente députés au moins ;14. Considérant également que sont susceptibles de recevoir application, même dans l'intervalle des sessions, les dispositions de l'article 30, alinéa 2, du règlement en vertu desquelles la constitution d'une commission spéciale est de droit lorsqu'elle est demandée par le Gouvernement ; qu'il est spécifié au même article que la demande doit être formulée pour les projets de loi au moment de leur transmission à l'Assemblée nationale et pour les propositions dans le délai de deux jours francs suivant leur distribution ; que, dans ces conditions, l'abrogation par le paragraphe II de l'article 2 de la résolution des dispositions de l'article 83, alinéa 2, du règlement, en ce qu'elles rappellent la possibilité donnée au Gouvernement, dans l'intervalle des sessions, de demander le renvoi d'un projet de loi à l'examen d'une commission spéciale, n'est pas contraire à la Constitution ;. En ce qui concerne la possibilité reconnue à une commission permanente de se saisir pour avis :15. Considérant
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CONSTEXT000017667830_7
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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de loi à l'examen d'une commission spéciale, n'est pas contraire à la Constitution ;. En ce qui concerne la possibilité reconnue à une commission permanente de se saisir pour avis :15. Considérant que dans sa rédaction en vigueur antérieurement à l'intervention de la résolution soumise à l'examen du Conseil constitutionnel, le premier alinéa de l'article 87 du règlement implique que si une commission permanente s'estime compétente pour donner un avis sur un texte ou un crédit budgétaire, dont l'examen a été renvoyé à une autre commission permanente, elle en informe le président de l'Assemblée, lequel soumet alors la demande de la commission à la décision de l'Assemblée ;16. Considérant que l'article 3 de la résolution a pour objet de modifier le premier alinéa de l'article 87 du règlement à l'effet de permettre à une commission permanente de décider elle-même de se saisir pour avis ; qu'il est prévu dans cette hypothèse qu'elle informe le Président de l'Assemblée de sa décision et que celle-ci est "publiée au Journal officiel et annoncée à l'ouverture de la plus prochaine séance" ;17. Considérant que ces dispositions, qui ne visent pas le cas où un projet ou une proposition de loi est soumis à l'examen d'une commission spéciale en application du premier alinéa de l'article 43 de la Constitution, ne sont contraires à aucun principe non plus qu'à aucune règle de valeur constitutionnelle ;- SUR L'ORGANISATION DE LA DISCUSSION DES TEXTES :18. Considérant que l'article 4 de la
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
de loi à l'examen d'une commission spéciale, n'est pas contraire à la Constitution ;. En ce qui concerne la possibilité reconnue à une commission permanente de se saisir pour avis :15. Considérant que dans sa rédaction en vigueur antérieurement à l'intervention de la résolution soumise à l'examen du Conseil constitutionnel, le premier alinéa de l'article 87 du règlement implique que si une commission permanente s'estime compétente pour donner un avis sur un texte ou un crédit budgétaire, dont l'examen a été renvoyé à une autre commission permanente, elle en informe le président de l'Assemblée, lequel soumet alors la demande de la commission à la décision de l'Assemblée ;16. Considérant que l'article 3 de la résolution a pour objet de modifier le premier alinéa de l'article 87 du règlement à l'effet de permettre à une commission permanente de décider elle-même de se saisir pour avis ; qu'il est prévu dans cette hypothèse qu'elle informe le Président de l'Assemblée de sa décision et que celle-ci est "publiée au Journal officiel et annoncée à l'ouverture de la plus prochaine séance" ;17. Considérant que ces dispositions, qui ne visent pas le cas où un projet ou une proposition de loi est soumis à l'examen d'une commission spéciale en application du premier alinéa de l'article 43 de la Constitution, ne sont contraires à aucun principe non plus qu'à aucune règle de valeur constitutionnelle ;- SUR L'ORGANISATION DE LA DISCUSSION DES TEXTES :18. Considérant que l'article 4 de la
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CONSTEXT000017667830_8
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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de la Constitution, ne sont contraires à aucun principe non plus qu'à aucune règle de valeur constitutionnelle ;- SUR L'ORGANISATION DE LA DISCUSSION DES TEXTES :18. Considérant que l'article 4 de la résolution modifie les règles d'examen des motions de procédure ; que les articles 5 à 13 sont relatifs à l'institution d'une nouvelle procédure d'adoption simplifiée des textes ;En ce qui concerne les modalités de discussion des motions de procédure :19. Considérant que dans sa rédaction présentement en vigueur l'article 91 du règlement dispose dans son quatrième alinéa que lors de la discussion d'une exception d'irrecevabilité ou de la question préalable, peuvent seuls intervenir son auteur, un orateur d'opinion contraire, le Gouvernement et le Président ou le rapporteur de la commission saisie au fond ; que, par l'effet des dispositions combinées des quatrième et sixième alinéas de l'article 91, les mêmes règles sont applicables à la discussion d'une motion tendant au renvoi du texte à la commission saisie au fond ;20. Considérant que l'article 4 de la résolution modifie l'article 91 du règlement en prévoyant que lors de la discussion de chacune des motions de procédure visées par cet article peuvent seuls intervenir l'un des signataires, le Gouvernement, le Président ou le rapporteur de la commission saisie au fond ; qu'avant le vote, la parole est accordée, pour cinq minutes, à un orateur de chaque groupe ;21. Considérant que ces dispositions ne sont pas contraires à la
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
de la Constitution, ne sont contraires à aucun principe non plus qu'à aucune règle de valeur constitutionnelle ;- SUR L'ORGANISATION DE LA DISCUSSION DES TEXTES :18. Considérant que l'article 4 de la résolution modifie les règles d'examen des motions de procédure ; que les articles 5 à 13 sont relatifs à l'institution d'une nouvelle procédure d'adoption simplifiée des textes ;En ce qui concerne les modalités de discussion des motions de procédure :19. Considérant que dans sa rédaction présentement en vigueur l'article 91 du règlement dispose dans son quatrième alinéa que lors de la discussion d'une exception d'irrecevabilité ou de la question préalable, peuvent seuls intervenir son auteur, un orateur d'opinion contraire, le Gouvernement et le Président ou le rapporteur de la commission saisie au fond ; que, par l'effet des dispositions combinées des quatrième et sixième alinéas de l'article 91, les mêmes règles sont applicables à la discussion d'une motion tendant au renvoi du texte à la commission saisie au fond ;20. Considérant que l'article 4 de la résolution modifie l'article 91 du règlement en prévoyant que lors de la discussion de chacune des motions de procédure visées par cet article peuvent seuls intervenir l'un des signataires, le Gouvernement, le Président ou le rapporteur de la commission saisie au fond ; qu'avant le vote, la parole est accordée, pour cinq minutes, à un orateur de chaque groupe ;21. Considérant que ces dispositions ne sont pas contraires à la
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CONSTEXT000017667830_9
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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de la commission saisie au fond ; qu'avant le vote, la parole est accordée, pour cinq minutes, à un orateur de chaque groupe ;21. Considérant que ces dispositions ne sont pas contraires à la Constitution ;En ce qui concerne l'institution d'une procédure d'adoption simplifiée des textes :22. Considérant que par l'effet de l'article 5 de la résolution, le chapitre V du titre II du règlement est intitulé "Procédure d'adoption simplifiée" ; que, dans ses articles 6 à 11, qui modifient respectivement les articles 103 à 108 du règlement, la résolution fixe les modalités d'application de cette nouvelle procédure ; que les articles 12 et 13 de la résolution exceptent de son champ d'application certaines catégories de textes ;- Quant aux règles de principe applicables :23. Considérant qu'il est loisible à une assemblée parlementaire, par les dispositions de son règlement, de définir des modalités d'examen, de discussion et de vote des textes dans le but de permettre une accélération de la procédure législative prise dans son ensemble ;24. Considérant cependant que les modalités pratiques retenues à cet effet doivent être conformes aux règles de valeur constitutionnelle de la procédure législative ; qu'en particulier, il leur faut respecter aussi bien les prérogatives conférées au Gouvernement dans le cadre de cette procédure que les droits des membres de l'assemblée concernée et, notamment, l'exercice effectif du droit d'amendement garanti par le premier alinéa de l'article 44 de la
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
de la commission saisie au fond ; qu'avant le vote, la parole est accordée, pour cinq minutes, à un orateur de chaque groupe ;21. Considérant que ces dispositions ne sont pas contraires à la Constitution ;En ce qui concerne l'institution d'une procédure d'adoption simplifiée des textes :22. Considérant que par l'effet de l'article 5 de la résolution, le chapitre V du titre II du règlement est intitulé "Procédure d'adoption simplifiée" ; que, dans ses articles 6 à 11, qui modifient respectivement les articles 103 à 108 du règlement, la résolution fixe les modalités d'application de cette nouvelle procédure ; que les articles 12 et 13 de la résolution exceptent de son champ d'application certaines catégories de textes ;- Quant aux règles de principe applicables :23. Considérant qu'il est loisible à une assemblée parlementaire, par les dispositions de son règlement, de définir des modalités d'examen, de discussion et de vote des textes dans le but de permettre une accélération de la procédure législative prise dans son ensemble ;24. Considérant cependant que les modalités pratiques retenues à cet effet doivent être conformes aux règles de valeur constitutionnelle de la procédure législative ; qu'en particulier, il leur faut respecter aussi bien les prérogatives conférées au Gouvernement dans le cadre de cette procédure que les droits des membres de l'assemblée concernée et, notamment, l'exercice effectif du droit d'amendement garanti par le premier alinéa de l'article 44 de la
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CONSTEXT000017667830_10
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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dans le cadre de cette procédure que les droits des membres de l'assemblée concernée et, notamment, l'exercice effectif du droit d'amendement garanti par le premier alinéa de l'article 44 de la Constitution ;- Quant aux modalités retenues par la résolution :25. Considérant que la nouvelle rédaction de l'article 103 du règlement définit les conditions dans lesquelles la procédure d'adoption simplifiée peut être engagée ; qu'il est prévu à cet égard que les demandes de mise en oeuvre sont formulées en Conférence des présidents et qu'elles peuvent émaner du Président de l'Assemblée nationale, du Gouvernement, du président de la commission saisie au fond ou d'un président de groupe ; qu'une possibilité d'opposition est ouverte à tout membre de la Conférence des présidents ;26. Considérant qu'ainsi qu'il a été dit ci-dessus, l'article 43 de la Constitution implique que les projets et propositions de loi sont, à défaut de création d'une commission spéciale, envoyés pour examen à l'une des commissions permanentes dont le nombre est limité à six dans chaque assemblée ; qu'il suit de là que le recours à la procédure d'adoption simplifiée d'un texte n'est conforme à la Constitution que pour autant que la commission saisie au fond ait été au préalable mise à même de procéder à l'examen de ce texte ;27. Considérant que, dans sa rédaction issue de l'article 7 de la résolution, l'article 104 du règlement détermine les conséquences attachées à une demande d'examen d'un texte selon la
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
dans le cadre de cette procédure que les droits des membres de l'assemblée concernée et, notamment, l'exercice effectif du droit d'amendement garanti par le premier alinéa de l'article 44 de la Constitution ;- Quant aux modalités retenues par la résolution :25. Considérant que la nouvelle rédaction de l'article 103 du règlement définit les conditions dans lesquelles la procédure d'adoption simplifiée peut être engagée ; qu'il est prévu à cet égard que les demandes de mise en oeuvre sont formulées en Conférence des présidents et qu'elles peuvent émaner du Président de l'Assemblée nationale, du Gouvernement, du président de la commission saisie au fond ou d'un président de groupe ; qu'une possibilité d'opposition est ouverte à tout membre de la Conférence des présidents ;26. Considérant qu'ainsi qu'il a été dit ci-dessus, l'article 43 de la Constitution implique que les projets et propositions de loi sont, à défaut de création d'une commission spéciale, envoyés pour examen à l'une des commissions permanentes dont le nombre est limité à six dans chaque assemblée ; qu'il suit de là que le recours à la procédure d'adoption simplifiée d'un texte n'est conforme à la Constitution que pour autant que la commission saisie au fond ait été au préalable mise à même de procéder à l'examen de ce texte ;27. Considérant que, dans sa rédaction issue de l'article 7 de la résolution, l'article 104 du règlement détermine les conséquences attachées à une demande d'examen d'un texte selon la
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CONSTEXT000017667830_11
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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de ce texte ;27. Considérant que, dans sa rédaction issue de l'article 7 de la résolution, l'article 104 du règlement détermine les conséquences attachées à une demande d'examen d'un texte selon la procédure simplifiée ; qu'il est précisé que cette demande est affichée, annoncée à l'Assemblée et notifiée au Gouvernement ; qu'il est spécifié que les projets et propositions pour lesquels la procédure d'adoption simplifiée est demandée ne peuvent faire l'objet des motions visées à l'article 91, alinéas 4 et 6 du règlement ; qu'une faculté d'opposition à la mise en oeuvre de la procédure simplifiée est, jusqu'à la veille de la discussion à 18 heures, ouverte au Gouvernement, au président de la commission saisie au fond et au président d'un groupe ;28. Considérant que l'article 105 du règlement, dans sa rédaction résultant de l'article 8 de la résolution, fixe les conditions de dépôt des amendements à un texte faisant l'objet de la procédure simplifiée ; que les amendements d'origine parlementaire sont recevables jusqu'à l'expiration du délai d'opposition fixé par l'article 104 ; qu'il est prévu qu'en cas de dépôt par le Gouvernement d'un amendement postérieurement à l'expiration de ce délai le texte est retiré de l'ordre du jour ; que dans ce cas, il peut être inscrit au plus tôt à l'ordre du jour de la séance suivante ; que la discussion a alors lieu conformément aux règles de droit commun ; que ces diverses dispositions ne sauraient être interprétées comme permettant de faire
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
de ce texte ;27. Considérant que, dans sa rédaction issue de l'article 7 de la résolution, l'article 104 du règlement détermine les conséquences attachées à une demande d'examen d'un texte selon la procédure simplifiée ; qu'il est précisé que cette demande est affichée, annoncée à l'Assemblée et notifiée au Gouvernement ; qu'il est spécifié que les projets et propositions pour lesquels la procédure d'adoption simplifiée est demandée ne peuvent faire l'objet des motions visées à l'article 91, alinéas 4 et 6 du règlement ; qu'une faculté d'opposition à la mise en oeuvre de la procédure simplifiée est, jusqu'à la veille de la discussion à 18 heures, ouverte au Gouvernement, au président de la commission saisie au fond et au président d'un groupe ;28. Considérant que l'article 105 du règlement, dans sa rédaction résultant de l'article 8 de la résolution, fixe les conditions de dépôt des amendements à un texte faisant l'objet de la procédure simplifiée ; que les amendements d'origine parlementaire sont recevables jusqu'à l'expiration du délai d'opposition fixé par l'article 104 ; qu'il est prévu qu'en cas de dépôt par le Gouvernement d'un amendement postérieurement à l'expiration de ce délai le texte est retiré de l'ordre du jour ; que dans ce cas, il peut être inscrit au plus tôt à l'ordre du jour de la séance suivante ; que la discussion a alors lieu conformément aux règles de droit commun ; que ces diverses dispositions ne sauraient être interprétées comme permettant de faire
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CONSTEXT000017667830_12
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CONSTEXT000017667830
| 12 |
DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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l'ordre du jour de la séance suivante ; que la discussion a alors lieu conformément aux règles de droit commun ; que ces diverses dispositions ne sauraient être interprétées comme permettant de faire échec à l'application des règles relatives à la fixation par le Gouvernement de l'ordre du jour prioritaire, conformément au premier alinéa de l'article 48 de la Constitution ;29. Considérant que l'article 106 du règlement, tel qu'il résulte de l'article 9 de la résolution, énonce que "le président met aux voix l'ensemble du texte soumis à la procédure simplifiée lorsqu'il n'a fait l'objet d'aucun amendement" ; que la nouvelle rédaction conférée à l'article 107 du règlement par l'article 10 de la résolution fixe les règles de discussion et de vote des articles du texte ; qu'est expressément réservée par l'article 107 la faculté pour le Gouvernement de demander un vote unique sur tout ou partie du texte conformément au troisième alinéa de l'article 44 de la Constitution ; qu'il ne saurait non plus être fait obstacle à la mise en oeuvre, le cas échéant, des dispositions du deuxième alinéa du même article ;30. Considérant que l'article 11 de la résolution modifie l'article 108 du règlement à l'effet de préciser que la procédure d'adoption simplifiée peut recevoir application lors de la deuxième lecture ou à l'occasion de lectures ultérieures d'un texte ; que les articles 12 et 13 de la résolution, qui complètent à cet effet les articles 126 et 127 du règlement, excluent en revanche
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
l'ordre du jour de la séance suivante ; que la discussion a alors lieu conformément aux règles de droit commun ; que ces diverses dispositions ne sauraient être interprétées comme permettant de faire échec à l'application des règles relatives à la fixation par le Gouvernement de l'ordre du jour prioritaire, conformément au premier alinéa de l'article 48 de la Constitution ;29. Considérant que l'article 106 du règlement, tel qu'il résulte de l'article 9 de la résolution, énonce que "le président met aux voix l'ensemble du texte soumis à la procédure simplifiée lorsqu'il n'a fait l'objet d'aucun amendement" ; que la nouvelle rédaction conférée à l'article 107 du règlement par l'article 10 de la résolution fixe les règles de discussion et de vote des articles du texte ; qu'est expressément réservée par l'article 107 la faculté pour le Gouvernement de demander un vote unique sur tout ou partie du texte conformément au troisième alinéa de l'article 44 de la Constitution ; qu'il ne saurait non plus être fait obstacle à la mise en oeuvre, le cas échéant, des dispositions du deuxième alinéa du même article ;30. Considérant que l'article 11 de la résolution modifie l'article 108 du règlement à l'effet de préciser que la procédure d'adoption simplifiée peut recevoir application lors de la deuxième lecture ou à l'occasion de lectures ultérieures d'un texte ; que les articles 12 et 13 de la résolution, qui complètent à cet effet les articles 126 et 127 du règlement, excluent en revanche
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CONSTEXT000017667830_13
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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deuxième lecture ou à l'occasion de lectures ultérieures d'un texte ; que les articles 12 et 13 de la résolution, qui complètent à cet effet les articles 126 et 127 du règlement, excluent en revanche du champ d'application de la nouvelle procédure les projets ou propositions de révision de la Constitution ainsi que les projets ou propositions de lois relevant du domaine d'intervention réservé aux lois organiques ;31. Considérant que les diverses dispositions relatives à la procédure d'adoption simplifiée des textes, telles qu'elles résultent des articles 5 à 13 de la résolution, ne sont pas contraires à la Constitution ;- SUR L'EXERCICE DU CONTROLE BUDGETAIRE :32. Considérant que l'article 14 de la résolution modifie le troisième alinéa de l'article 146 du règlement de l'Assemblée nationale qui est relatif à l'exercice par cette assemblée de son contrôle en matière budgétaire ;33. Considérant qu'en vertu du cinquième alinéa de l'article 34 de la Constitution "les lois de finances déterminent les ressources et les charges de l'État dans les conditions et sous les réserves prévues par une loi organique" ; que l'article 47 de la Constitution dispose dans son premier alinéa que "le Parlement vote les projets de loi de finances dans les conditions prévues par une loi organique" ; qu'aux termes du sixième alinéa du même article "la Cour des comptes assiste le Parlement et le Gouvernement dans le contrôle de l'exécution des lois de finances" ;34. Considérant que l'ordonnance n°
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
deuxième lecture ou à l'occasion de lectures ultérieures d'un texte ; que les articles 12 et 13 de la résolution, qui complètent à cet effet les articles 126 et 127 du règlement, excluent en revanche du champ d'application de la nouvelle procédure les projets ou propositions de révision de la Constitution ainsi que les projets ou propositions de lois relevant du domaine d'intervention réservé aux lois organiques ;31. Considérant que les diverses dispositions relatives à la procédure d'adoption simplifiée des textes, telles qu'elles résultent des articles 5 à 13 de la résolution, ne sont pas contraires à la Constitution ;- SUR L'EXERCICE DU CONTROLE BUDGETAIRE :32. Considérant que l'article 14 de la résolution modifie le troisième alinéa de l'article 146 du règlement de l'Assemblée nationale qui est relatif à l'exercice par cette assemblée de son contrôle en matière budgétaire ;33. Considérant qu'en vertu du cinquième alinéa de l'article 34 de la Constitution "les lois de finances déterminent les ressources et les charges de l'État dans les conditions et sous les réserves prévues par une loi organique" ; que l'article 47 de la Constitution dispose dans son premier alinéa que "le Parlement vote les projets de loi de finances dans les conditions prévues par une loi organique" ; qu'aux termes du sixième alinéa du même article "la Cour des comptes assiste le Parlement et le Gouvernement dans le contrôle de l'exécution des lois de finances" ;34. Considérant que l'ordonnance n°
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CONSTEXT000017667830_14
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CONSTEXT000017667830
| 14 |
DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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qu'aux termes du sixième alinéa du même article "la Cour des comptes assiste le Parlement et le Gouvernement dans le contrôle de l'exécution des lois de finances" ;34. Considérant que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions législatives destinées à organiser l'information et le contrôle du Parlement sur la gestion des finances publiques" ;35. Considérant que l'article 164-IV de l'ordonnance n° 58-1374 du 30 décembre 1958 portant loi de finances pour 1959, tel qu'il a été complété par l'article 74 de la loi de finances pour 1962, dispose que, sous les réserves qu'il énonce, "les membres du Parlement, qui ont la charge de présenter, au nom de la commission compétente, le rapport sur le budget d'un département ministériel, suivent et contrôlent de façon permanente, sur pièces et sur place, l'emploi des crédits inscrits au budget de ce département" ;36. Considérant que dans le cadre défini par des textes ayant le caractère de lois de finances, il est loisible à chaque assemblée de préciser, par la voie de son règlement, les modalités d'exercice du contrôle de la gestion des finances publiques qui lui incombe en vertu de l'article 47 de la Constitution ;37. Considérant que la modification apportée au troisième alinéa de l'article 146 du règlement de l'Assemblée nationale a pour objet de permettre que les documents et renseignements
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
qu'aux termes du sixième alinéa du même article "la Cour des comptes assiste le Parlement et le Gouvernement dans le contrôle de l'exécution des lois de finances" ;34. Considérant que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions législatives destinées à organiser l'information et le contrôle du Parlement sur la gestion des finances publiques" ;35. Considérant que l'article 164-IV de l'ordonnance n° 58-1374 du 30 décembre 1958 portant loi de finances pour 1959, tel qu'il a été complété par l'article 74 de la loi de finances pour 1962, dispose que, sous les réserves qu'il énonce, "les membres du Parlement, qui ont la charge de présenter, au nom de la commission compétente, le rapport sur le budget d'un département ministériel, suivent et contrôlent de façon permanente, sur pièces et sur place, l'emploi des crédits inscrits au budget de ce département" ;36. Considérant que dans le cadre défini par des textes ayant le caractère de lois de finances, il est loisible à chaque assemblée de préciser, par la voie de son règlement, les modalités d'exercice du contrôle de la gestion des finances publiques qui lui incombe en vertu de l'article 47 de la Constitution ;37. Considérant que la modification apportée au troisième alinéa de l'article 146 du règlement de l'Assemblée nationale a pour objet de permettre que les documents et renseignements
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CONSTEXT000017667830_15
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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la Constitution ;37. Considérant que la modification apportée au troisième alinéa de l'article 146 du règlement de l'Assemblée nationale a pour objet de permettre que les documents et renseignements communiqués aux rapporteurs spéciaux de la commission des finances, de l'économie générale et du plan, et qui sont destinés à l'accomplissement par cette assemblée de sa mission de contrôle budgétaire, puissent être utilisés, non seulement pour l'élaboration des rapports faits par les commissions sur la loi de finances et la loi de règlement mais également pour l'établissement de rapports d'information ;38. Considérant que la modification ainsi apportée à l'article 146 du règlement par l'article 14 de la résolution ne va à l'encontre d'aucune disposition de valeur constitutionnelle ;
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
la Constitution ;37. Considérant que la modification apportée au troisième alinéa de l'article 146 du règlement de l'Assemblée nationale a pour objet de permettre que les documents et renseignements communiqués aux rapporteurs spéciaux de la commission des finances, de l'économie générale et du plan, et qui sont destinés à l'accomplissement par cette assemblée de sa mission de contrôle budgétaire, puissent être utilisés, non seulement pour l'élaboration des rapports faits par les commissions sur la loi de finances et la loi de règlement mais également pour l'établissement de rapports d'information ;38. Considérant que la modification ainsi apportée à l'article 146 du règlement par l'article 14 de la résolution ne va à l'encontre d'aucune disposition de valeur constitutionnelle ;
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CONSTEXT000017667830_16
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CONSTEXT000017667830
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DC
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Conformité
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
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91-292
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1991-05-23
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Décide :Article premier :Sont déclarées conformes à la Constitution, sous les réserves indiquées dans les motifs de la présente décision, les dispositions du règlement de l'Assemblée nationale, telles qu'elles résultent de la résolution du 7 mai 1991.Article 2 :La présente décision sera notifiée au Président del'Assemblée nationale et publiée au Journal officiel de la République française.
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Résolution modifiant les articles 43, 44, 81, 83, 87, 91, 103 à 108, 126, 127 et 146 du règlement de l'Assemblée nationale
Décide :Article premier :Sont déclarées conformes à la Constitution, sous les réserves indiquées dans les motifs de la présente décision, les dispositions du règlement de l'Assemblée nationale, telles qu'elles résultent de la résolution du 7 mai 1991.Article 2 :La présente décision sera notifiée au Président del'Assemblée nationale et publiée au Journal officiel de la République française.
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CONSTEXT000051982145_164
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CONSTEXT000051982145
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DC
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Non conformité partielle - réserve
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Loi visant à sortir la France du piège du narcotrafic
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2025-885
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2025-06-12
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privée.. En ce qui concerne les griefs tirés de la méconnaissance des droits de la défense et au droit à un procès équitable :516. Selon l’article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n’est pas assurée, ni la séparation des pouvoirs déterminée, n’a point de Constitution ». Sont garantis par cette disposition les droits de la défense et le droit à un procès équitable.517. En premier lieu, le législateur a limitativement fixé les conditions du déclenchement des caméras embarquées, qui ne peut dès lors résulter d’un choix purement discrétionnaire des agents.518. En deuxième lieu, ainsi qu’il a été dit précédemment, les personnes filmées en sont informées, sauf si les circonstances l’interdisent.519. En dernier lieu, d’une part, les agents participant à l’opération ne peuvent avoir accès directement aux enregistrements que pour faciliter l’établissement fidèle des faits lors des comptes rendus d’opération et permettre un signalement à l’autorité judiciaire.520. D’autre part, le législateur a expressément imposé que les caméras soient munies de dispositifs techniques garantissant l’intégrité des enregistrements et la traçabilité des consultations lorsqu’il y est procédé dans le cadre d’une opération de transfèrement et d’extraction. Toutefois, ces dispositions ne sauraient s’interpréter, sauf à méconnaître les droits de la défense et le droit à un procès équitable, que comme impliquant que soient garanties, jusqu’à leur effacement,
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Loi visant à sortir la France du piège du narcotrafic
privée.. En ce qui concerne les griefs tirés de la méconnaissance des droits de la défense et au droit à un procès équitable :516. Selon l’article 16 de la Déclaration de 1789 : « Toute société dans laquelle la garantie des droits n’est pas assurée, ni la séparation des pouvoirs déterminée, n’a point de Constitution ». Sont garantis par cette disposition les droits de la défense et le droit à un procès équitable.517. En premier lieu, le législateur a limitativement fixé les conditions du déclenchement des caméras embarquées, qui ne peut dès lors résulter d’un choix purement discrétionnaire des agents.518. En deuxième lieu, ainsi qu’il a été dit précédemment, les personnes filmées en sont informées, sauf si les circonstances l’interdisent.519. En dernier lieu, d’une part, les agents participant à l’opération ne peuvent avoir accès directement aux enregistrements que pour faciliter l’établissement fidèle des faits lors des comptes rendus d’opération et permettre un signalement à l’autorité judiciaire.520. D’autre part, le législateur a expressément imposé que les caméras soient munies de dispositifs techniques garantissant l’intégrité des enregistrements et la traçabilité des consultations lorsqu’il y est procédé dans le cadre d’une opération de transfèrement et d’extraction. Toutefois, ces dispositions ne sauraient s’interpréter, sauf à méconnaître les droits de la défense et le droit à un procès équitable, que comme impliquant que soient garanties, jusqu’à leur effacement,
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CONSTEXT000017667801_0
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CONSTEXT000017667801
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DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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Le Conseil constitutionnel a été saisi, le 19 décembre 1984, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Pierre Mauger, Claude-Gérard Marcus, Jean-Louis Goasduff, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jacques Toubon, Roger Corrèze, Pierre Messmer, Marc Lauriol, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Jean-Paul Charié, Maurice Couve de Murville, Alain Peyrefitte, Christian Bergelin, Robert-André Vivien, Pierre-Charles Krieg, Didier Julia, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, René La Combe, Jean-Paul de Rocca Serra, Régis Perbet, Emmanuel Aubert, Michel Cointat, Charles Paccou, Michel Barnier, Roland Vuillaume, Pierre-Bernard Cousté, Alain Mayoud, Jean Proriol, Emmanuel Hamel, Marcel Esdras, Loïc Bouvard, François d'Aubert, Roger Lestas, Jean Brocard, Claude Birraux, Francisque Perrut, Georges Mesmin, Jacques Dominati, Jean Seitlinger, Jean Desanlis, Francis Geng, René Haby, Jean-Paul Fuchs, François d'Harcourt, Henri Baudouin, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
Le Conseil constitutionnel a été saisi, le 19 décembre 1984, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Pierre Mauger, Claude-Gérard Marcus, Jean-Louis Goasduff, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jacques Toubon, Roger Corrèze, Pierre Messmer, Marc Lauriol, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Jean-Paul Charié, Maurice Couve de Murville, Alain Peyrefitte, Christian Bergelin, Robert-André Vivien, Pierre-Charles Krieg, Didier Julia, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, René La Combe, Jean-Paul de Rocca Serra, Régis Perbet, Emmanuel Aubert, Michel Cointat, Charles Paccou, Michel Barnier, Roland Vuillaume, Pierre-Bernard Cousté, Alain Mayoud, Jean Proriol, Emmanuel Hamel, Marcel Esdras, Loïc Bouvard, François d'Aubert, Roger Lestas, Jean Brocard, Claude Birraux, Francisque Perrut, Georges Mesmin, Jacques Dominati, Jean Seitlinger, Jean Desanlis, Francis Geng, René Haby, Jean-Paul Fuchs, François d'Harcourt, Henri Baudouin, députés, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise ;
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CONSTEXT000017667801_1
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CONSTEXT000017667801
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DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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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 ;
Sur les articles 2, 6, 12, 13, 14, 15, 20, 22, 28, 34, 35 et 36 ;
1. Considérant que les auteurs de la saisine demandent au Conseil constitutionnel de déclarer non conforme à la Constitution l'ensemble de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise et ce, pour violation par les articles 2, 12, 20 et 28 de l'indépendance de l'autorité judiciaire, méconnaissance par les articles 6, 13, 14, 15, 22 et 28 des droits de la défense, violation du principe d'égalité devant la loi et les charges publiques et enfin méconnaissance par les articles 34, 35 et 36 du principe d'égalité ;
En ce qui concerne le moyen tiré de la violation de l'indépendance de l'autorité judiciaire :
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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 ;
Sur les articles 2, 6, 12, 13, 14, 15, 20, 22, 28, 34, 35 et 36 ;
1. Considérant que les auteurs de la saisine demandent au Conseil constitutionnel de déclarer non conforme à la Constitution l'ensemble de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise et ce, pour violation par les articles 2, 12, 20 et 28 de l'indépendance de l'autorité judiciaire, méconnaissance par les articles 6, 13, 14, 15, 22 et 28 des droits de la défense, violation du principe d'égalité devant la loi et les charges publiques et enfin méconnaissance par les articles 34, 35 et 36 du principe d'égalité ;
En ce qui concerne le moyen tiré de la violation de l'indépendance de l'autorité judiciaire :
|
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CONSTEXT000017667801_2
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CONSTEXT000017667801
| 2 |
DC
|
Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
|
En ce qui concerne le moyen tiré de la violation de l'indépendance de l'autorité judiciaire :
2. Considérant qu'aux termes de l'article 2 de la loi soumise à l'examen du Conseil constitutionnel, nul ne peut être désigné pour exercer les fonctions d'administrateur judiciaire "s'il n'est inscrit sur la liste établie par une Commission nationale instituée à cet effet" ; qu'aux termes de l'article 20 nul ne peut exercer les fonctions de mandataire-liquidateur "s'il n'est inscrit sur la liste établie à cet effet par une commission instituée au siège de chaque cour d'appel" ; que, selon les articles 12 et 28, administrateurs judiciaires et mandataires-liquidateurs "sont placés sous la surveillance du ministère public" et "soumis, dans leur activité professionnelle, à des inspections confiées à l'autorité publique et à l'occasion desquelles ils sont tenus de fournir tous renseignements ou documents utiles sans pouvoir opposer le secret professionnel" ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
En ce qui concerne le moyen tiré de la violation de l'indépendance de l'autorité judiciaire :
2. Considérant qu'aux termes de l'article 2 de la loi soumise à l'examen du Conseil constitutionnel, nul ne peut être désigné pour exercer les fonctions d'administrateur judiciaire "s'il n'est inscrit sur la liste établie par une Commission nationale instituée à cet effet" ; qu'aux termes de l'article 20 nul ne peut exercer les fonctions de mandataire-liquidateur "s'il n'est inscrit sur la liste établie à cet effet par une commission instituée au siège de chaque cour d'appel" ; que, selon les articles 12 et 28, administrateurs judiciaires et mandataires-liquidateurs "sont placés sous la surveillance du ministère public" et "soumis, dans leur activité professionnelle, à des inspections confiées à l'autorité publique et à l'occasion desquelles ils sont tenus de fournir tous renseignements ou documents utiles sans pouvoir opposer le secret professionnel" ;
|
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CONSTEXT000017667801_3
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CONSTEXT000017667801
| 3 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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3. Considérant qu'il est fait grief aux articles susvisés de méconnaître l'indépendance de l'autorité judiciaire, en ce que les listes respectives d'administrateurs judiciaires et de mandataires-liquidateurs sont établies par des commissions administratives dont les membres sont nommés par décret ; que les auteurs de la saisine ajoutent que si l'article 32 donne compétence à la cour d'appel pour statuer sur les recours contre les décisions de ces commissions, cette juridiction ne peut, faute d'avoir la faculté de se saisir d'office, intervenir dans tous les cas et sans décision administrative préalable ; qu'enfin, en confiant l'inspection de ces mandataires de justice à "l'autorité publique", les articles 12 et 28 ne précisent pas la nature judiciaire de celle-ci, alors que, s'agissant de personnes chargées d'administrer ou liquider les biens d'autrui, seule l'autorité judiciaire peut leur assurer, y compris à l'égard de l'exécutif, l'indépendance requise ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
3. Considérant qu'il est fait grief aux articles susvisés de méconnaître l'indépendance de l'autorité judiciaire, en ce que les listes respectives d'administrateurs judiciaires et de mandataires-liquidateurs sont établies par des commissions administratives dont les membres sont nommés par décret ; que les auteurs de la saisine ajoutent que si l'article 32 donne compétence à la cour d'appel pour statuer sur les recours contre les décisions de ces commissions, cette juridiction ne peut, faute d'avoir la faculté de se saisir d'office, intervenir dans tous les cas et sans décision administrative préalable ; qu'enfin, en confiant l'inspection de ces mandataires de justice à "l'autorité publique", les articles 12 et 28 ne précisent pas la nature judiciaire de celle-ci, alors que, s'agissant de personnes chargées d'administrer ou liquider les biens d'autrui, seule l'autorité judiciaire peut leur assurer, y compris à l'égard de l'exécutif, l'indépendance requise ;
|
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CONSTEXT000017667801_4
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CONSTEXT000017667801
| 4 |
DC
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Non conformité partielle
|
Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
|
84-182
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1985-01-18
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4. Considérant, en premier lieu, qu'en chargeant des commissions spéciales, non exclusivement composées de magistrats et présidées par l'un d'eux, d'établir les listes de personnes qualifiées dans lesquelles le juge devra désigner les administrateurs judiciaires et les mandataires-liquidateurs, les articles 2 et 20 de la loi, ne portent pas atteinte à l'indépendance de l'autorité judiciaire, dès lors, d'une part, qu'il appartient exclusivement à celle-ci de procéder à la nomination du mandataire de justice qu'elle choisit en chaque espèce et, d'autre part, que les listes préalablement établies sont suffisamment étendues pour lui permettre une liberté de choix effective ; qu'au surplus l'article 32 de la loi prévoit la possibilité de soumettre au contrôle de la cour d'appel les décisions de la commission "tant en matière d'inscription ou de retrait que de suspension provisoire ou de discipline" sans conditions restrictives particulières ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
4. Considérant, en premier lieu, qu'en chargeant des commissions spéciales, non exclusivement composées de magistrats et présidées par l'un d'eux, d'établir les listes de personnes qualifiées dans lesquelles le juge devra désigner les administrateurs judiciaires et les mandataires-liquidateurs, les articles 2 et 20 de la loi, ne portent pas atteinte à l'indépendance de l'autorité judiciaire, dès lors, d'une part, qu'il appartient exclusivement à celle-ci de procéder à la nomination du mandataire de justice qu'elle choisit en chaque espèce et, d'autre part, que les listes préalablement établies sont suffisamment étendues pour lui permettre une liberté de choix effective ; qu'au surplus l'article 32 de la loi prévoit la possibilité de soumettre au contrôle de la cour d'appel les décisions de la commission "tant en matière d'inscription ou de retrait que de suspension provisoire ou de discipline" sans conditions restrictives particulières ;
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CONSTEXT000017667801_5
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CONSTEXT000017667801
| 5 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
|
84-182
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1985-01-18
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5. Considérant, en second lieu, que l'article 12 peut, sans porter atteinte à l'indépendance de l'autorité judiciaire, placer les administrateurs judiciaires "sous la surveillance du ministère public" et les soumettre à "des inspections confiées à l'autorité publique" ; que ces dispositions, en raison de la nature même des missions confiées aux mandataires de justice, ne peuvent concerner l'exécution des mandats de justice en cours qui reste soumise à la seule autorité judiciaire ; que les articles 2, 12, 20 et 28 de la loi ne sont donc pas contraires à la Constitution ;
En ce qui concerne le moyen tiré de la violation des droits de la défense :
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
5. Considérant, en second lieu, que l'article 12 peut, sans porter atteinte à l'indépendance de l'autorité judiciaire, placer les administrateurs judiciaires "sous la surveillance du ministère public" et les soumettre à "des inspections confiées à l'autorité publique" ; que ces dispositions, en raison de la nature même des missions confiées aux mandataires de justice, ne peuvent concerner l'exécution des mandats de justice en cours qui reste soumise à la seule autorité judiciaire ; que les articles 2, 12, 20 et 28 de la loi ne sont donc pas contraires à la Constitution ;
En ce qui concerne le moyen tiré de la violation des droits de la défense :
|
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CONSTEXT000017667801_6
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CONSTEXT000017667801
| 6 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
|
84-182
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1985-01-18
|
En ce qui concerne le moyen tiré de la violation des droits de la défense :
6. Considérant qu'il résulte de l'article 6 de la loi que la Commission nationale peut, par décision motivée et après avoir mis l'intéressé en demeure de présenter ses observations, retirer de la liste mentionnée à l'article 2 l'administrateur judiciaire empêché d'assurer l'exercice normal de ses fonctions en raison de son état physique ou mental, ou celui dont l'inaptitude résulte de manquements répétés à ses obligations professionnelles, le retrait de la liste ne faisant pas obstacle à d'éventuelles poursuites disciplinaires ; que l'article 13 prévoit que la Commission nationale siège comme chambre de discipline, dispose que le magistrat du parquet commissaire du Gouvernement exerce alors les fonctions de ministère public et énonce les sanctions disciplinaires applicables ; que les articles 14 et 15 confèrent à la Commission nationale la possibilité de suspendre provisoirement l'administrateur judiciaire qui fait l'objet d'une poursuite pénale ou disciplinaire et de pourvoir à son remplacement par un administrateur provisoire ; qu'en vertu des articles 22 et 28 la commission instituée auprès de chaque cour d'appel pour les mandataires-liquidateurs dispose des mêmes pouvoirs ;
|
Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
En ce qui concerne le moyen tiré de la violation des droits de la défense :
6. Considérant qu'il résulte de l'article 6 de la loi que la Commission nationale peut, par décision motivée et après avoir mis l'intéressé en demeure de présenter ses observations, retirer de la liste mentionnée à l'article 2 l'administrateur judiciaire empêché d'assurer l'exercice normal de ses fonctions en raison de son état physique ou mental, ou celui dont l'inaptitude résulte de manquements répétés à ses obligations professionnelles, le retrait de la liste ne faisant pas obstacle à d'éventuelles poursuites disciplinaires ; que l'article 13 prévoit que la Commission nationale siège comme chambre de discipline, dispose que le magistrat du parquet commissaire du Gouvernement exerce alors les fonctions de ministère public et énonce les sanctions disciplinaires applicables ; que les articles 14 et 15 confèrent à la Commission nationale la possibilité de suspendre provisoirement l'administrateur judiciaire qui fait l'objet d'une poursuite pénale ou disciplinaire et de pourvoir à son remplacement par un administrateur provisoire ; qu'en vertu des articles 22 et 28 la commission instituée auprès de chaque cour d'appel pour les mandataires-liquidateurs dispose des mêmes pouvoirs ;
|
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CONSTEXT000017667801_7
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CONSTEXT000017667801
| 7 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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7. Considérant que les auteurs de la saisine reprochent à ces dispositions de confier un pouvoir disciplinaire à des commissions agissant tantôt comme autorité administrative, tantôt comme organe juridictionnel ; qu'ils estiment que la nature non juridictionnelle de ces commissions n'est pas modifiée par le fait qu'elles comprennent des magistrats qui ne sont ni désignés par leur hiérarchie, ni élus par leurs pairs ; qu'ils en déduisent que les administrateurs judiciaires et les mandataires-liquidateurs sont ainsi privés de la garantie d'une juridiction impartiale et véritable ; qu'ils soulignent que ces dispositions affectent les droits de la défense de toutes les parties aux procédures de redressement et de liquidation, à l'exception de l'administration qui, grâce au pouvoir dont elle dispose à l'égard du mandataire de justice, risque de devenir juge et partie dans des procédures mettant en cause l'appropriation des biens d'autrui ; qu'ainsi les articles 6, 13, 14, 15, 22 et 28 de la loi méconnaissent le respect des droits de la défense et de la séparation des pouvoirs ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
7. Considérant que les auteurs de la saisine reprochent à ces dispositions de confier un pouvoir disciplinaire à des commissions agissant tantôt comme autorité administrative, tantôt comme organe juridictionnel ; qu'ils estiment que la nature non juridictionnelle de ces commissions n'est pas modifiée par le fait qu'elles comprennent des magistrats qui ne sont ni désignés par leur hiérarchie, ni élus par leurs pairs ; qu'ils en déduisent que les administrateurs judiciaires et les mandataires-liquidateurs sont ainsi privés de la garantie d'une juridiction impartiale et véritable ; qu'ils soulignent que ces dispositions affectent les droits de la défense de toutes les parties aux procédures de redressement et de liquidation, à l'exception de l'administration qui, grâce au pouvoir dont elle dispose à l'égard du mandataire de justice, risque de devenir juge et partie dans des procédures mettant en cause l'appropriation des biens d'autrui ; qu'ainsi les articles 6, 13, 14, 15, 22 et 28 de la loi méconnaissent le respect des droits de la défense et de la séparation des pouvoirs ;
|
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CONSTEXT000017667801_8
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CONSTEXT000017667801
| 8 |
DC
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Non conformité partielle
|
Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
|
84-182
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1985-01-18
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8. Considérant qu'aucune règle ni aucun principe de valeur constitutionnelle n'interdit à la loi de confier à un organisme chargé par ailleurs d'établir une liste de personnes qualifiées pour exercer une activité réglementée la mission de siéger comme chambre de discipline ; que ni la nature des fonctions de mandataire de justice, ni la protection des droits des parties concernées par un redressement judiciaire n'imposent de confier l'exercice du pouvoir disciplinaire à un organisme particulier ; que la composition de la commission, fixée par la loi, offre des garanties sérieuses d'impartialité ; qu'en prévoyant l'obligation de mettre l'intéressé en demeure de présenter ses observations, celle de statuer par décision motivée, la faculté de recours devant la cour d'appel et le caractère suspensif de ce recours, les dispositions susvisées ne méconnaissent pas le principe des droits de la défense ;
En ce qui concerne le moyen tiré du principe d'égalité devant la loi et les charges publiques :
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
8. Considérant qu'aucune règle ni aucun principe de valeur constitutionnelle n'interdit à la loi de confier à un organisme chargé par ailleurs d'établir une liste de personnes qualifiées pour exercer une activité réglementée la mission de siéger comme chambre de discipline ; que ni la nature des fonctions de mandataire de justice, ni la protection des droits des parties concernées par un redressement judiciaire n'imposent de confier l'exercice du pouvoir disciplinaire à un organisme particulier ; que la composition de la commission, fixée par la loi, offre des garanties sérieuses d'impartialité ; qu'en prévoyant l'obligation de mettre l'intéressé en demeure de présenter ses observations, celle de statuer par décision motivée, la faculté de recours devant la cour d'appel et le caractère suspensif de ce recours, les dispositions susvisées ne méconnaissent pas le principe des droits de la défense ;
En ce qui concerne le moyen tiré du principe d'égalité devant la loi et les charges publiques :
|
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CONSTEXT000017667801_9
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CONSTEXT000017667801
| 9 |
DC
|
Non conformité partielle
|
Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
|
84-182
|
1985-01-18
|
En ce qui concerne le moyen tiré du principe d'égalité devant la loi et les charges publiques :
9. Considérant qu'il est fait grief à la loi de supprimer la profession de syndic-administrateur judiciaire pour la remplacer par deux autres, incompatibles entre elles ainsi qu'avec toute autre profession, et de causer aux professionnels concernés un préjudice dépourvu de toute indemnisation ; que, selon les auteurs de la saisine, si le législateur supprime une profession légalement organisée, il ne peut faire peser sur ses seuls membres les conséquences financières de son choix ; qu'ainsi la loi serait inconstitutionnelle comme contraire au principe d'égalité devant la loi et les charges publiques ;
10. Considérant que, compte tenu des dispositions des articles 38 et suivants de la loi prévoyant des mesures facilitant l'accès aux nouvelles professions en faveur des membres de professions supprimées, le préjudice allégué par les auteurs de la saisine ne présente qu'un caractère éventuel ; qu'ainsi, les dispositions entreprises ne méconnaissent aucun principe de valeur constitutionnelle ;
En ce qui concerne le moyen tiré de la violation du principe d'égalité et de non-discrimination entre citoyens :
|
Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
En ce qui concerne le moyen tiré du principe d'égalité devant la loi et les charges publiques :
9. Considérant qu'il est fait grief à la loi de supprimer la profession de syndic-administrateur judiciaire pour la remplacer par deux autres, incompatibles entre elles ainsi qu'avec toute autre profession, et de causer aux professionnels concernés un préjudice dépourvu de toute indemnisation ; que, selon les auteurs de la saisine, si le législateur supprime une profession légalement organisée, il ne peut faire peser sur ses seuls membres les conséquences financières de son choix ; qu'ainsi la loi serait inconstitutionnelle comme contraire au principe d'égalité devant la loi et les charges publiques ;
10. Considérant que, compte tenu des dispositions des articles 38 et suivants de la loi prévoyant des mesures facilitant l'accès aux nouvelles professions en faveur des membres de professions supprimées, le préjudice allégué par les auteurs de la saisine ne présente qu'un caractère éventuel ; qu'ainsi, les dispositions entreprises ne méconnaissent aucun principe de valeur constitutionnelle ;
En ce qui concerne le moyen tiré de la violation du principe d'égalité et de non-discrimination entre citoyens :
|
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CONSTEXT000017667895_2
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CONSTEXT000017667895
| 2 |
AN
|
Inéligibilité
|
A.N., Haute-Garonne (7ème circ.)
|
97-2537
|
1998-03-19
|
L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. DABORGE-DEBRU inéligible pour une durée d'un an à compter du 19 mars 1998, date de la présente décision,
|
A.N., Haute-Garonne (7ème circ.)
L.O. 128, ce qu'elle a fait en l'espèce ; qu'il appartient au Conseil constitutionnel, en application de l'article L.O. 128 du code électoral, de déclarer M. DABORGE-DEBRU inéligible pour une durée d'un an à compter du 19 mars 1998, date de la présente décision,
|
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CONSTEXT000017667801_10
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CONSTEXT000017667801
| 10 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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En ce qui concerne le moyen tiré de la violation du principe d'égalité et de non-discrimination entre citoyens :
11. Considérant que l'article 34 de la loi institue une caisse de garantie, gérée par les cotisants, affectée au remboursement des fonds, effets ou valeurs reçus ou gérés par chaque administrateur judiciaire et mandataire-liquidateur et à laquelle ils doivent obligatoirement adhérer ; que l'article 35 oblige chacun d'eux à justifier d'une assurance souscrite par l'intermédiaire de cette caisse et garantissant sa responsabilité professionnelle en raison des négligences et fautes commises lors de l'exécution de son mandat ; que l'article 36 prescrit à l'administrateur judiciaire désigné à titre exceptionnel en vertu de l'article 2, alinéa 2, de la loi, à l'administrateur provisoire mentionné aux articles 7 et 15 de la loi et à l'administrateur désigné dans les conditions prévues à l'article 141 de la loi relative au redressement et à la liquidation judiciaires des entreprises, de justifier d'une part d'une assurance, le cas échéant, auprès de la caisse de garantie, couvrant sa responsabilité civile professionnelle, d'autre part d'une garantie affectée au remboursement des fonds, effets ou valeurs ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
En ce qui concerne le moyen tiré de la violation du principe d'égalité et de non-discrimination entre citoyens :
11. Considérant que l'article 34 de la loi institue une caisse de garantie, gérée par les cotisants, affectée au remboursement des fonds, effets ou valeurs reçus ou gérés par chaque administrateur judiciaire et mandataire-liquidateur et à laquelle ils doivent obligatoirement adhérer ; que l'article 35 oblige chacun d'eux à justifier d'une assurance souscrite par l'intermédiaire de cette caisse et garantissant sa responsabilité professionnelle en raison des négligences et fautes commises lors de l'exécution de son mandat ; que l'article 36 prescrit à l'administrateur judiciaire désigné à titre exceptionnel en vertu de l'article 2, alinéa 2, de la loi, à l'administrateur provisoire mentionné aux articles 7 et 15 de la loi et à l'administrateur désigné dans les conditions prévues à l'article 141 de la loi relative au redressement et à la liquidation judiciaires des entreprises, de justifier d'une part d'une assurance, le cas échéant, auprès de la caisse de garantie, couvrant sa responsabilité civile professionnelle, d'autre part d'une garantie affectée au remboursement des fonds, effets ou valeurs ;
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CONSTEXT000017667801_11
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CONSTEXT000017667801
| 11 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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12. Considérant qu'il est reproché à ces dispositions de faire couvrir par la caisse de garantie la responsabilité professionnelle des deux activités, légalement séparées et incompatibles entre elles, d'administrateur judiciaire et de mandataire-liquidateur ; que cette situation serait aggravée par l'obligation faite à ces mandataires de justice de souscrire, par l'intermédiaire de la caisse de garantie, une assurance couvrant leur responsabilité civile professionnelle et ainsi d'instituer une responsabilité commune à deux professions distinctes ; qu'enfin, faute par la caisse de garantie, de pouvoir opposer un refus aux administrateurs nommés à titre exceptionnel pour les couvrir dans les conditions prévues à l'article 36, la loi ferait retomber sur les administrateurs judiciaires et mandataires-liquidateurs la charge des responsabilités encourues par des personnes qui n'exercent pas leur profession ; que ces dispositions violeraient ainsi "le principe d'égalité et de non-discrimination" ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
12. Considérant qu'il est reproché à ces dispositions de faire couvrir par la caisse de garantie la responsabilité professionnelle des deux activités, légalement séparées et incompatibles entre elles, d'administrateur judiciaire et de mandataire-liquidateur ; que cette situation serait aggravée par l'obligation faite à ces mandataires de justice de souscrire, par l'intermédiaire de la caisse de garantie, une assurance couvrant leur responsabilité civile professionnelle et ainsi d'instituer une responsabilité commune à deux professions distinctes ; qu'enfin, faute par la caisse de garantie, de pouvoir opposer un refus aux administrateurs nommés à titre exceptionnel pour les couvrir dans les conditions prévues à l'article 36, la loi ferait retomber sur les administrateurs judiciaires et mandataires-liquidateurs la charge des responsabilités encourues par des personnes qui n'exercent pas leur profession ; que ces dispositions violeraient ainsi "le principe d'égalité et de non-discrimination" ;
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CONSTEXT000017667801_12
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CONSTEXT000017667801
| 12 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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13. Considérant que le législateur ne méconnaît pas ce principe lorsqu'il soumet aux mêmes garanties la responsabilité de personnes qui ont en commun la même qualité de mandataire de justice ; que l'obligation faite aux intéressés par l'article 35 de justifier d'une assurance professionnelle souscrite par l'intermédiaire de la caisse de garantie n'institue pas une responsabilité pour autrui mais se borne à prévoir un mécanisme de couverture des risques ; que les articles 34, 35 et 36 de la loi ne sont donc pas contraires à la Constitution ;
Sur les articles 7, 15 et 25 :
14. Considérant qu'aux termes de l'article 7, alinéa 1er de la loi : "dans le cas où, pour quelque cause que se soit, l'administrateur judiciaire se trouve dans l'impossibilité temporaire d'exercer ses fonctions, la commission peut désigner à la requête de l'administrateur ou du ministère public, un administrateur provisoire" ; que l'alinéa 2 du même article prévoit qu'"en cas de décès, la commission peut désigner, à la requête du ministère public, un administrateur provisoire dont les fonctions ne peuvent excéder six mois" ; que l'article 15, alinéa 1er, dispose : "dans le cas où la commission prononce une mesure de suspension provisoire contre un administrateur judiciaire, elle commet un administrateur provisoire pour accomplir tous actes professionnels relevant du mandataire de justice suspendu et fixe la part des émoluments et autres rémunérations auxquels a droit l'intéressé" ;
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
13. Considérant que le législateur ne méconnaît pas ce principe lorsqu'il soumet aux mêmes garanties la responsabilité de personnes qui ont en commun la même qualité de mandataire de justice ; que l'obligation faite aux intéressés par l'article 35 de justifier d'une assurance professionnelle souscrite par l'intermédiaire de la caisse de garantie n'institue pas une responsabilité pour autrui mais se borne à prévoir un mécanisme de couverture des risques ; que les articles 34, 35 et 36 de la loi ne sont donc pas contraires à la Constitution ;
Sur les articles 7, 15 et 25 :
14. Considérant qu'aux termes de l'article 7, alinéa 1er de la loi : "dans le cas où, pour quelque cause que se soit, l'administrateur judiciaire se trouve dans l'impossibilité temporaire d'exercer ses fonctions, la commission peut désigner à la requête de l'administrateur ou du ministère public, un administrateur provisoire" ; que l'alinéa 2 du même article prévoit qu'"en cas de décès, la commission peut désigner, à la requête du ministère public, un administrateur provisoire dont les fonctions ne peuvent excéder six mois" ; que l'article 15, alinéa 1er, dispose : "dans le cas où la commission prononce une mesure de suspension provisoire contre un administrateur judiciaire, elle commet un administrateur provisoire pour accomplir tous actes professionnels relevant du mandataire de justice suspendu et fixe la part des émoluments et autres rémunérations auxquels a droit l'intéressé" ;
|
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CONSTEXT000017667801_13
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CONSTEXT000017667801
| 13 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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15. Considérant qu'en substituant la commission au juge pour remplacer l'administrateur judiciaire empêché dans l'exécution d'un mandat de justice, ces dispositions privent l'autorité judiciaire de la responsabilité et du pouvoir de contrôle qui lui reviennent et l'administrateur de sa qualité de mandataire de justice ; que les articles 7, alinéas 1er et 2, et 15, alinéa 1er, méconnaissent ainsi l'indépendance de l'autorité judiciaire garantie par l'article 64 de la Constitution ; que les alinéas suivants des articles 7 et 15 ont pour seul objet d'assurer la mise en application des alinéas non conformes à la Constitution des mêmes articles et ne sauraient en être séparés ; que par suite l'ensemble des dispositions des articles 7 et 15 doit être déclaré non conforme à la Constitution ; qu'il en va de même de l'article 25 qui étend aux mandataires-liquidateurs les dispositions de l'article 7 ;
16. Considérant que sont inséparables des dispositions déclarées non conformes à la Constitution : l'article 33 qui prévoit les recours contre les décisions prises en application des articles 7 et 25, le membre de phrase de l'article 36 : "ou l'administrateur provisoire mentionné à l'article 7 et au deuxième alinéa de l'article 15" ;
Sur l'ensemble de la loi :
17. 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 relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
15. Considérant qu'en substituant la commission au juge pour remplacer l'administrateur judiciaire empêché dans l'exécution d'un mandat de justice, ces dispositions privent l'autorité judiciaire de la responsabilité et du pouvoir de contrôle qui lui reviennent et l'administrateur de sa qualité de mandataire de justice ; que les articles 7, alinéas 1er et 2, et 15, alinéa 1er, méconnaissent ainsi l'indépendance de l'autorité judiciaire garantie par l'article 64 de la Constitution ; que les alinéas suivants des articles 7 et 15 ont pour seul objet d'assurer la mise en application des alinéas non conformes à la Constitution des mêmes articles et ne sauraient en être séparés ; que par suite l'ensemble des dispositions des articles 7 et 15 doit être déclaré non conforme à la Constitution ; qu'il en va de même de l'article 25 qui étend aux mandataires-liquidateurs les dispositions de l'article 7 ;
16. Considérant que sont inséparables des dispositions déclarées non conformes à la Constitution : l'article 33 qui prévoit les recours contre les décisions prises en application des articles 7 et 25, le membre de phrase de l'article 36 : "ou l'administrateur provisoire mentionné à l'article 7 et au deuxième alinéa de l'article 15" ;
Sur l'ensemble de la loi :
17. 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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CONSTEXT000017667801_14
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CONSTEXT000017667801
| 14 |
DC
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Non conformité partielle
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
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84-182
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1985-01-18
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Décide :Article premier :Sont déclarées non conformes à la Constitution les dispositions des articles 7, 15, 25, 33 ainsi que celles de l'article 36 résultant de l'expression : "ou l'administrateur provisoire mentionné à l'article 7 et au deuxième alinéa de l'article 15", de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise.Article 2 :Les autres dispositions de la loi sont déclarées conformes à la Constitution.Article 3 :La présente décision sera publiée au Journal officiel de la République française.
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Loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise
Décide :Article premier :Sont déclarées non conformes à la Constitution les dispositions des articles 7, 15, 25, 33 ainsi que celles de l'article 36 résultant de l'expression : "ou l'administrateur provisoire mentionné à l'article 7 et au deuxième alinéa de l'article 15", de la loi relative aux administrateurs judiciaires, mandataires-liquidateurs et experts en diagnostic d'entreprise.Article 2 :Les autres dispositions de la loi sont déclarées conformes à la Constitution.Article 3 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017667809_0
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CONSTEXT000017667809
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DC
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Conformité
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Loi portant réforme du code de la mutualité
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85-193
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1985-07-24
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Le Conseil constitutionnel a été saisi le 29 juin 1985, d'une part, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Marc Lauriol, Pierre Messmer, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Roger Corrèze, Christian Bergelin, Jacques Toubon, Jean-Paul Charié, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jean-Louis Goasduff, Claude-Gérard Marcus, Maurice Couve de Murville, Alain Peyrefitte, Robert-André Vivien, Pierre-Charles Krieg, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, Régis Perbet, Michel Barnier, Jean-Paul de Rocca Serra, Emmanuel Aubert, Michel Cointat, René La Combe, Charles Paccou, Philippe Séguin, Didier Julia, Jean Foyer, Michel Noir, Jacques Chaban-Delmas, Camille Petit, Hyacinthe Santoni, Pierre Bas, Henri de Gastines, Georges Tranchant, Yves Lancien, Georges Gorse, Pierre-Bernard Cousté, René André, Michel Inchauspé, Charles Miossec, Jean Valleix, Jean de Lipkowski, Jacques Baumel, Antoine Gissinger, Olivier Guichard, Roland Vuillaume, Michel Péricard, Georges Mesmin, Jean-Claude Gaudin, Jean Brocard, Henri Baudouin, Jean Seitlinger, François d'Aubert, Joseph-Henri Maujoüan du Gasset, Albert Brochard, Aimé Kerguéris, Maurice Dousset, Adrien Durand, Alain Mayoud, Gilbert Gantier, Edmond Alphandéry, députés, et, d'autre part, par MM Jean Chérioux, Charles Pasqua, Marcel Lucotte, Michel Alloncle, Jean Amelin,
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Loi portant réforme du code de la mutualité
Le Conseil constitutionnel a été saisi le 29 juin 1985, d'une part, par MM Jacques Chirac, Claude Labbé, Bernard Pons, Marc Lauriol, Pierre Messmer, Gabriel Kaspereit, Mme Nicole de Hauteclocque, MM Roger Corrèze, Christian Bergelin, Jacques Toubon, Jean-Paul Charié, Bruno Bourg-Broc, Mme Hélène Missoffe, MM Jean-Louis Goasduff, Claude-Gérard Marcus, Maurice Couve de Murville, Alain Peyrefitte, Robert-André Vivien, Pierre-Charles Krieg, Pierre Bachelet, Robert Wagner, Jean de Préaumont, Michel Debré, Etienne Pinte, Daniel Goulet, Tutaha Salmon, Robert Galley, Roland Nungesser, Edouard Frédéric-Dupont, Jean Tiberi, Pierre Raynal, Régis Perbet, Michel Barnier, Jean-Paul de Rocca Serra, Emmanuel Aubert, Michel Cointat, René La Combe, Charles Paccou, Philippe Séguin, Didier Julia, Jean Foyer, Michel Noir, Jacques Chaban-Delmas, Camille Petit, Hyacinthe Santoni, Pierre Bas, Henri de Gastines, Georges Tranchant, Yves Lancien, Georges Gorse, Pierre-Bernard Cousté, René André, Michel Inchauspé, Charles Miossec, Jean Valleix, Jean de Lipkowski, Jacques Baumel, Antoine Gissinger, Olivier Guichard, Roland Vuillaume, Michel Péricard, Georges Mesmin, Jean-Claude Gaudin, Jean Brocard, Henri Baudouin, Jean Seitlinger, François d'Aubert, Joseph-Henri Maujoüan du Gasset, Albert Brochard, Aimé Kerguéris, Maurice Dousset, Adrien Durand, Alain Mayoud, Gilbert Gantier, Edmond Alphandéry, députés, et, d'autre part, par MM Jean Chérioux, Charles Pasqua, Marcel Lucotte, Michel Alloncle, Jean Amelin,
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CONSTEXT000017667809_1
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CONSTEXT000017667809
| 1 |
DC
|
Conformité
|
Loi portant réforme du code de la mutualité
|
85-193
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1985-07-24
|
Maurice Dousset, Adrien Durand, Alain Mayoud, Gilbert Gantier, Edmond Alphandéry, députés, et, d'autre part, par MM Jean Chérioux, Charles Pasqua, Marcel Lucotte, Michel Alloncle, Jean Amelin, Hubert d'Andigné, Marc Bécam, Henri Belcour, Paul Bénard, Amédée Bouquerel, Yvon Bourges, Raymond Bourgine, Jacques Braconnier, Raymond Brun, Michel Caldaguès, Pierre Carous, Auguste Cazalet, Jean Chamant, Jacques Chaumont, Michel Chauty, François O Collet, Henri Collette, Luc Dejoie, Jacques Delong, Charles Descours, Franz Duboscq, Marcel Fortier, Philippe François, Michel Giraud, Adrien Gouteyron, Bernard-Charles Hugo, Roger Husson, Paul Kauss, Christian de La Malène, Jean-François Le Grand, Maurice Lombard, Paul Malassagne, Paul Masson, Michel Maurice-Bokanowski, Geoffroy de Montalembert, Arthur Moulin, Jean Natali, Lucien Neuwirth, Paul d'Ornano, Christian Masson, Sosefo Makapé Papilio, Christian Poncelet, Henri Portier, Alain Pluchet, Claude Prouvoyeur, Josselin de Rohan, Roger Romani, Michel Rufin, Louis Souvet, Dick Ukeiwé, Jacques Valade, Edmond Valcin, André-Georges Voisin, Olivier Roux, José Balarello, Bernard Barbier, Jean-Paul Bataille, Jean Bénard Mousseaux, Jean Boyer, Louis Boyer, Marc Castex, Pierre Croze, Jean Delaneau, Henri Elby, Jean-Marie Girault, Paul Guillaumot, Jacques Larché, Louis Lazuech, Pierre Louvot, Roland du Luart, Hubert Martin, Serge Mathieu, Jacques Ménard, Michel Miroudot, Jean-François Pintat, Richard Pouille, Jean Puech, Roland Ruet, Michel Sordel,
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Loi portant réforme du code de la mutualité
Maurice Dousset, Adrien Durand, Alain Mayoud, Gilbert Gantier, Edmond Alphandéry, députés, et, d'autre part, par MM Jean Chérioux, Charles Pasqua, Marcel Lucotte, Michel Alloncle, Jean Amelin, Hubert d'Andigné, Marc Bécam, Henri Belcour, Paul Bénard, Amédée Bouquerel, Yvon Bourges, Raymond Bourgine, Jacques Braconnier, Raymond Brun, Michel Caldaguès, Pierre Carous, Auguste Cazalet, Jean Chamant, Jacques Chaumont, Michel Chauty, François O Collet, Henri Collette, Luc Dejoie, Jacques Delong, Charles Descours, Franz Duboscq, Marcel Fortier, Philippe François, Michel Giraud, Adrien Gouteyron, Bernard-Charles Hugo, Roger Husson, Paul Kauss, Christian de La Malène, Jean-François Le Grand, Maurice Lombard, Paul Malassagne, Paul Masson, Michel Maurice-Bokanowski, Geoffroy de Montalembert, Arthur Moulin, Jean Natali, Lucien Neuwirth, Paul d'Ornano, Christian Masson, Sosefo Makapé Papilio, Christian Poncelet, Henri Portier, Alain Pluchet, Claude Prouvoyeur, Josselin de Rohan, Roger Romani, Michel Rufin, Louis Souvet, Dick Ukeiwé, Jacques Valade, Edmond Valcin, André-Georges Voisin, Olivier Roux, José Balarello, Bernard Barbier, Jean-Paul Bataille, Jean Bénard Mousseaux, Jean Boyer, Louis Boyer, Marc Castex, Pierre Croze, Jean Delaneau, Henri Elby, Jean-Marie Girault, Paul Guillaumot, Jacques Larché, Louis Lazuech, Pierre Louvot, Roland du Luart, Hubert Martin, Serge Mathieu, Jacques Ménard, Michel Miroudot, Jean-François Pintat, Richard Pouille, Jean Puech, Roland Ruet, Michel Sordel,
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CONSTEXT000017667809_2
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CONSTEXT000017667809
| 2 |
DC
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Conformité
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Loi portant réforme du code de la mutualité
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85-193
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1985-07-24
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Larché, Louis Lazuech, Pierre Louvot, Roland du Luart, Hubert Martin, Serge Mathieu, Jacques Ménard, Michel Miroudot, Jean-François Pintat, Richard Pouille, Jean Puech, Roland Ruet, Michel Sordel, Pierre-Christian Taittinger, Jean-Pierre Tizon, René Travert, Albert Voilquin, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant réforme du code de la mutualité ;
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Loi portant réforme du code de la mutualité
Larché, Louis Lazuech, Pierre Louvot, Roland du Luart, Hubert Martin, Serge Mathieu, Jacques Ménard, Michel Miroudot, Jean-François Pintat, Richard Pouille, Jean Puech, Roland Ruet, Michel Sordel, Pierre-Christian Taittinger, Jean-Pierre Tizon, René Travert, Albert Voilquin, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant réforme du code de la mutualité ;
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CONSTEXT000017667809_3
|
CONSTEXT000017667809
| 3 |
DC
|
Conformité
|
Loi portant réforme du code de la mutualité
|
85-193
|
1985-07-24
|
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 ;
|
Loi portant réforme du code de la mutualité
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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CONSTEXT000017667809_4
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CONSTEXT000017667809
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DC
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Conformité
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Loi portant réforme du code de la mutualité
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85-193
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1985-07-24
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1. Considérant que la loi portant réforme du code de la mutualité confère la dénomination de mutuelle aux groupements antérieurement nommés sociétés mutualistes ; qu'à l'article L 122-3 dudit code elle institue une protection de principe de la dénomination de ces groupements auxquels elle réserve l'emploi de toute appellation comportant les termes "mutuel", "mutuelle", "mutualité" et "mutualiste" ; que, toutefois, elle prévoit que les organismes relevant du code des assurances et autorisés à utiliser dans leur nom ou raison sociale l'appellation "mutuelle" devront lui associer le mot "assurance" ;2. Considérant que, selon les auteurs des saisines, les mutuelles d'assurances voient leur nom attribué à d'autres organismes et sont expropriées de leur dénomination actuelle ; que le nom d'une entreprise est un bien patrimonial et, comme tel, fait l'objet d'un droit de propriété protégé par l'article 17 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que, dès lors, la loi ayant privé les mutuelles d'assurances de leur dénomination sans respecter les garanties posées par cet article serait contraire à la Constitution ;3. Considérant que l'obligation faite aux organismes relevant du code des assurances d'ajouter dans leur nom ou raison sociale lorsqu'il comporte le terme "mutuelle" le mot "assurance", si elle les contraint à compléter leur nom, n'a ni pour objet ni pour effet de les priver de leur nom ou raison sociale ; que, dès lors, le moyen manque en fait ;4.
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Loi portant réforme du code de la mutualité
1. Considérant que la loi portant réforme du code de la mutualité confère la dénomination de mutuelle aux groupements antérieurement nommés sociétés mutualistes ; qu'à l'article L 122-3 dudit code elle institue une protection de principe de la dénomination de ces groupements auxquels elle réserve l'emploi de toute appellation comportant les termes "mutuel", "mutuelle", "mutualité" et "mutualiste" ; que, toutefois, elle prévoit que les organismes relevant du code des assurances et autorisés à utiliser dans leur nom ou raison sociale l'appellation "mutuelle" devront lui associer le mot "assurance" ;2. Considérant que, selon les auteurs des saisines, les mutuelles d'assurances voient leur nom attribué à d'autres organismes et sont expropriées de leur dénomination actuelle ; que le nom d'une entreprise est un bien patrimonial et, comme tel, fait l'objet d'un droit de propriété protégé par l'article 17 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que, dès lors, la loi ayant privé les mutuelles d'assurances de leur dénomination sans respecter les garanties posées par cet article serait contraire à la Constitution ;3. Considérant que l'obligation faite aux organismes relevant du code des assurances d'ajouter dans leur nom ou raison sociale lorsqu'il comporte le terme "mutuelle" le mot "assurance", si elle les contraint à compléter leur nom, n'a ni pour objet ni pour effet de les priver de leur nom ou raison sociale ; que, dès lors, le moyen manque en fait ;4.
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CONSTEXT000017667809_5
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CONSTEXT000017667809
| 5 |
DC
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Conformité
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Loi portant réforme du code de la mutualité
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85-193
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1985-07-24
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"mutuelle" le mot "assurance", si elle les contraint à compléter leur nom, n'a ni pour objet ni pour effet de les priver de leur nom ou raison sociale ; que, dès lors, le moyen manque en fait ;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 réforme du code de la mutualité
"mutuelle" le mot "assurance", si elle les contraint à compléter leur nom, n'a ni pour objet ni pour effet de les priver de leur nom ou raison sociale ; que, dès lors, le moyen manque en fait ;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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CONSTEXT000017667809_6
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CONSTEXT000017667809
| 6 |
DC
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Conformité
|
Loi portant réforme du code de la mutualité
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85-193
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1985-07-24
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Décide :Article premier :La loi portant réforme du code de la mutualité 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 portant réforme du code de la mutualité
Décide :Article premier :La loi portant réforme du code de la mutualité est déclarée conforme à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017667837_0
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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Le Conseil constitutionnel a été saisi, le 12 avril 1991, par MM Pierre Mazeaud, Jacques Chirac, Bernard Pons, Robert Pandraud, Franck Borotra, Henri Cuq, Alain Jonemann, Jean-Louis Goasduff, Lucien Guichon, Michel Terrot, Roland Vuillaume, Bernard Debré, Emmanuel Aubert, René Couveinhes, Etienne Pinte, Georges Gorse, Philippe Séguin, Edouard Balladur, Claude Barate, Nicolas Sarkozy, Michel Giraud, Jean Falala, Mme Françoise de Panafieu, MM Robert Poujade, Dominique Perben, Charles Paccou, Gabriel Kaspereit, Mme Martine Daugreilh, MM Eric Raoult, Richard Cazenave, Jean-Louis Masson, Mme Lucette Michaux-Chevry, MM Michel Péricard, Antoine Rufenacht, Jean-Louis Debré, Gérard Léonard, Jacques Toubon, Jean-Michel Couve, Patrick Ollier, Jean Valleix, Claude Dhinnin, François Fillon, Patrick Devedjian, Alain Cousin, Jean Kiffer, Christian Estrosi, Jean-Pierre Delalande, Pierre-Rémy Houssin, Roland Nungesser, Jean-Yves Chamard, Jean Tiberi, Georges Tranchant, Jean-Paul de Rocca Serra, Jacques Masdeu-Arus, Jean-Claude Mignon, Olivier Dassault, Guy Drut, Olivier Guichard, Pierre Pasquini, Arthur Dehaine, Robert-André Vivien, Robert Galley, Arnaud Lepercq, François Grussenmeyer, Henri de Gastines, René Galy-Dejean, Serge Charles, Didier Julia, Charles Millon, Mme Louise Moreau, MM Raymond Marcellin, Jean-Marie Caro, Jean Brocard, Francisque Perrut, Henri Bayard, Jean-Luc Preel, Marc Reymann, François Léotard, Jean-François Mattei, Jean Bregault, Georges Mesmin, Maurice Ligot, Jean-Guy
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Loi portant statut de la collectivité territoriale de Corse
Le Conseil constitutionnel a été saisi, le 12 avril 1991, par MM Pierre Mazeaud, Jacques Chirac, Bernard Pons, Robert Pandraud, Franck Borotra, Henri Cuq, Alain Jonemann, Jean-Louis Goasduff, Lucien Guichon, Michel Terrot, Roland Vuillaume, Bernard Debré, Emmanuel Aubert, René Couveinhes, Etienne Pinte, Georges Gorse, Philippe Séguin, Edouard Balladur, Claude Barate, Nicolas Sarkozy, Michel Giraud, Jean Falala, Mme Françoise de Panafieu, MM Robert Poujade, Dominique Perben, Charles Paccou, Gabriel Kaspereit, Mme Martine Daugreilh, MM Eric Raoult, Richard Cazenave, Jean-Louis Masson, Mme Lucette Michaux-Chevry, MM Michel Péricard, Antoine Rufenacht, Jean-Louis Debré, Gérard Léonard, Jacques Toubon, Jean-Michel Couve, Patrick Ollier, Jean Valleix, Claude Dhinnin, François Fillon, Patrick Devedjian, Alain Cousin, Jean Kiffer, Christian Estrosi, Jean-Pierre Delalande, Pierre-Rémy Houssin, Roland Nungesser, Jean-Yves Chamard, Jean Tiberi, Georges Tranchant, Jean-Paul de Rocca Serra, Jacques Masdeu-Arus, Jean-Claude Mignon, Olivier Dassault, Guy Drut, Olivier Guichard, Pierre Pasquini, Arthur Dehaine, Robert-André Vivien, Robert Galley, Arnaud Lepercq, François Grussenmeyer, Henri de Gastines, René Galy-Dejean, Serge Charles, Didier Julia, Charles Millon, Mme Louise Moreau, MM Raymond Marcellin, Jean-Marie Caro, Jean Brocard, Francisque Perrut, Henri Bayard, Jean-Luc Preel, Marc Reymann, François Léotard, Jean-François Mattei, Jean Bregault, Georges Mesmin, Maurice Ligot, Jean-Guy
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CONSTEXT000017667837_1
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CONSTEXT000017667837
| 1 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
|
Marcellin, Jean-Marie Caro, Jean Brocard, Francisque Perrut, Henri Bayard, Jean-Luc Preel, Marc Reymann, François Léotard, Jean-François Mattei, Jean Bregault, Georges Mesmin, Maurice Ligot, Jean-Guy Branger, Jean Rigaud, Philippe de Villiers, Claude Gatignol, René Garrec, Françis Delattre, Arthur Paecht, Georges Colombier, Charles Fèvre, André Rossinot, Claude Gaillard, Jean-Pierre Philibert, Jean-François Deniau, Mme Yann Piat, MM Gilles de Robien, Willy Diméglio, Roland Blum, Hubert Falco, Gérard Longuet, Ladislas Poniatowski, Philippe Vasseur, Jean Desanlis, Charles Ehrmann, Jean-Yves Haby, Pierre-André Wiltzer, Bernard Bosson, Jean-Pierre Foucher, Francis Geng, Pierre Méhaignerie, Georges Chavanes, Michel Jacquemin, Edouard Landrain, Jean-Paul Virapoullé, Mme Monique Papon,M Jacques Barrot, députés, et le 15 avril 1991, d'une part, par M Alain Poher, président du Sénat, et, d'autre part, par MM François Giacobbi, Charles Ornano, Charles Pasqua, Marcel Lucotte, Daniel Hoeffel, Ernest Cartigny, Etienne Dailly, Michel Alloncle, Michel Amelin, Hubert d'Andigné, Honoré Bailet, Henri Belcour, Jacques Bérard, Amédée Bouquerel, Yvon Bourges, Jean-Eric Bousch, Jacques Braconnier, Mme Paulette Brisepierre, MM Camille Cabana, Michel Caldaguès, Robert Calmejane, Jean-Pierre Camoin, Gérard César, Jean Chamant, Michel Chauty, Jean Chérioux, Henri Collette, Maurice Couve de Murville, Charles de Cuttoli, Désiré Debavelaere, Luc Dejoie, Jacques Delong, Charles Descours, Michel Doublet,
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Loi portant statut de la collectivité territoriale de Corse
Marcellin, Jean-Marie Caro, Jean Brocard, Francisque Perrut, Henri Bayard, Jean-Luc Preel, Marc Reymann, François Léotard, Jean-François Mattei, Jean Bregault, Georges Mesmin, Maurice Ligot, Jean-Guy Branger, Jean Rigaud, Philippe de Villiers, Claude Gatignol, René Garrec, Françis Delattre, Arthur Paecht, Georges Colombier, Charles Fèvre, André Rossinot, Claude Gaillard, Jean-Pierre Philibert, Jean-François Deniau, Mme Yann Piat, MM Gilles de Robien, Willy Diméglio, Roland Blum, Hubert Falco, Gérard Longuet, Ladislas Poniatowski, Philippe Vasseur, Jean Desanlis, Charles Ehrmann, Jean-Yves Haby, Pierre-André Wiltzer, Bernard Bosson, Jean-Pierre Foucher, Francis Geng, Pierre Méhaignerie, Georges Chavanes, Michel Jacquemin, Edouard Landrain, Jean-Paul Virapoullé, Mme Monique Papon,M Jacques Barrot, députés, et le 15 avril 1991, d'une part, par M Alain Poher, président du Sénat, et, d'autre part, par MM François Giacobbi, Charles Ornano, Charles Pasqua, Marcel Lucotte, Daniel Hoeffel, Ernest Cartigny, Etienne Dailly, Michel Alloncle, Michel Amelin, Hubert d'Andigné, Honoré Bailet, Henri Belcour, Jacques Bérard, Amédée Bouquerel, Yvon Bourges, Jean-Eric Bousch, Jacques Braconnier, Mme Paulette Brisepierre, MM Camille Cabana, Michel Caldaguès, Robert Calmejane, Jean-Pierre Camoin, Gérard César, Jean Chamant, Michel Chauty, Jean Chérioux, Henri Collette, Maurice Couve de Murville, Charles de Cuttoli, Désiré Debavelaere, Luc Dejoie, Jacques Delong, Charles Descours, Michel Doublet,
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CONSTEXT000017667837_2
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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César, Jean Chamant, Michel Chauty, Jean Chérioux, Henri Collette, Maurice Couve de Murville, Charles de Cuttoli, Désiré Debavelaere, Luc Dejoie, Jacques Delong, Charles Descours, Michel Doublet, Alain Dufaut, Pierre Dumas, Marcel Fortier, Philippe François, Philippe de Gaulle, Alain Gérard, François Gerbaud, Charles Ginesy, Mme Marie-Fanny Gournay, MM Adrien Gouteyron, Georges Gruillot, Yves Guéna, Hubert Haenel, Emmanuel Hamel, Mme Nicole de Hauteclocque, MM Bernard Hugo, Roger Husson, André Jarrot, André Jourdain, Paul Kauss, Christian de La Malène, Lucien Lanier, Gérard Larcher, René-Georges Laurin, Marc Lauriol, Jean-François Le Grand, Maurice Lombard, Paul Masson, Michel Maurice-Bokanowski, Jacques de Menou, Mme Hélène Missoffe, MM Geoffroy de Montalembert, Paul Moreau, Arthur Moulin, Lucien Neuwirth, Paul d'Ornano, Jacques Oudin, Soséfo Makapé Papilio, Alain Pluchet, Christian Poncelet, Claude Prouvoyeur, Jean-Jacques Robert, Mme Nelly Rodi, MM Josselin de Rohan, Michel Rufin, Maurice Schumann, Jean Simonin, Jacques Sourdille, Martial Taugourdeau, Jacques Valade, Serge Vinçon, André-Georges Voisin, Philippe de Bourgoing, Christian Bonnet, André Bettencourt, Michel Miroudot, Henri de Raincourt, Serge Mathieu, Jacques Larché, Michel Poniatowski, Jean-Claude Gaudin, Guy Cabanel, Pierre-Christian Taittinger, Ambroise Dupont, Louis Boyer, Bernard Seillier, Jean Puech, Michel d'Aillières, Richard Pouille, Roger Chinaud, Jean-Pierre Tizon, Jean-Paul Chambriard, Jean Dumont,
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Loi portant statut de la collectivité territoriale de Corse
César, Jean Chamant, Michel Chauty, Jean Chérioux, Henri Collette, Maurice Couve de Murville, Charles de Cuttoli, Désiré Debavelaere, Luc Dejoie, Jacques Delong, Charles Descours, Michel Doublet, Alain Dufaut, Pierre Dumas, Marcel Fortier, Philippe François, Philippe de Gaulle, Alain Gérard, François Gerbaud, Charles Ginesy, Mme Marie-Fanny Gournay, MM Adrien Gouteyron, Georges Gruillot, Yves Guéna, Hubert Haenel, Emmanuel Hamel, Mme Nicole de Hauteclocque, MM Bernard Hugo, Roger Husson, André Jarrot, André Jourdain, Paul Kauss, Christian de La Malène, Lucien Lanier, Gérard Larcher, René-Georges Laurin, Marc Lauriol, Jean-François Le Grand, Maurice Lombard, Paul Masson, Michel Maurice-Bokanowski, Jacques de Menou, Mme Hélène Missoffe, MM Geoffroy de Montalembert, Paul Moreau, Arthur Moulin, Lucien Neuwirth, Paul d'Ornano, Jacques Oudin, Soséfo Makapé Papilio, Alain Pluchet, Christian Poncelet, Claude Prouvoyeur, Jean-Jacques Robert, Mme Nelly Rodi, MM Josselin de Rohan, Michel Rufin, Maurice Schumann, Jean Simonin, Jacques Sourdille, Martial Taugourdeau, Jacques Valade, Serge Vinçon, André-Georges Voisin, Philippe de Bourgoing, Christian Bonnet, André Bettencourt, Michel Miroudot, Henri de Raincourt, Serge Mathieu, Jacques Larché, Michel Poniatowski, Jean-Claude Gaudin, Guy Cabanel, Pierre-Christian Taittinger, Ambroise Dupont, Louis Boyer, Bernard Seillier, Jean Puech, Michel d'Aillières, Richard Pouille, Roger Chinaud, Jean-Pierre Tizon, Jean-Paul Chambriard, Jean Dumont,
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CONSTEXT000017667837_3
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CONSTEXT000017667837
| 3 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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Pierre-Christian Taittinger, Ambroise Dupont, Louis Boyer, Bernard Seillier, Jean Puech, Michel d'Aillières, Richard Pouille, Roger Chinaud, Jean-Pierre Tizon, Jean-Paul Chambriard, Jean Dumont, Roland du Luart, Henri Revol, Jean-Paul Bataille, Charles-Henri de Cossé-Brissac, Hubert Martin, Pierre Croze, François Trucy, Jean Delaneau, Jean Boyer, Maurice Arreckx, Michel Crucis, Jean Clouet, René Travert, Albert Voilquin, André Pourny, Jean-Paul Emin, Yves Goussebaire-Dupin, Pierre Louvot, Roger Boileau, Paul Caron, Auguste Chupin, Marcel Daunay, André Daugnac, André Egu, Jean Faure, Bernard Guyomard, Rémi Herment, Jean Huchon, Jean Lecanuet, Edouard Le Jeune, François Mathieu, Jacques Moutet, Roger Poudonson, Guy Robert, Paul Séramy, Michel Souplet, Albert Vecten, Xavier de Villepin, Pierre Laffitte, Max Lejeune, Jacques Bimbenet, Georges Berchet, Paul Girod,Raymond Soucaret, Jean Roger, Bernard Legrand, François Abadie, François Lesein, Henri Collard, Yvon Collin, André Boyer, Charles-Edmond Lenglet, Louis Brives, Jean François-Poncet, Hubert Durand-Chastel, François Delga, Jacques Habert, Philippe Adnot, Jean Grandon, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant statut de la collectivité territoriale de Corse ;
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Loi portant statut de la collectivité territoriale de Corse
Pierre-Christian Taittinger, Ambroise Dupont, Louis Boyer, Bernard Seillier, Jean Puech, Michel d'Aillières, Richard Pouille, Roger Chinaud, Jean-Pierre Tizon, Jean-Paul Chambriard, Jean Dumont, Roland du Luart, Henri Revol, Jean-Paul Bataille, Charles-Henri de Cossé-Brissac, Hubert Martin, Pierre Croze, François Trucy, Jean Delaneau, Jean Boyer, Maurice Arreckx, Michel Crucis, Jean Clouet, René Travert, Albert Voilquin, André Pourny, Jean-Paul Emin, Yves Goussebaire-Dupin, Pierre Louvot, Roger Boileau, Paul Caron, Auguste Chupin, Marcel Daunay, André Daugnac, André Egu, Jean Faure, Bernard Guyomard, Rémi Herment, Jean Huchon, Jean Lecanuet, Edouard Le Jeune, François Mathieu, Jacques Moutet, Roger Poudonson, Guy Robert, Paul Séramy, Michel Souplet, Albert Vecten, Xavier de Villepin, Pierre Laffitte, Max Lejeune, Jacques Bimbenet, Georges Berchet, Paul Girod,Raymond Soucaret, Jean Roger, Bernard Legrand, François Abadie, François Lesein, Henri Collard, Yvon Collin, André Boyer, Charles-Edmond Lenglet, Louis Brives, Jean François-Poncet, Hubert Durand-Chastel, François Delga, Jacques Habert, Philippe Adnot, Jean Grandon, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi portant statut de la collectivité territoriale de Corse ;
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CONSTEXT000017667837_4
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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Le Conseil constitutionnel,Vu la Constitution du 4 octobre 1958 ;Vu la Constitution du 27 octobre 1946 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu la loi n° 72-619 du 5 juillet 1972 modifiée portant création et organisation des régions ;Vu la loi n° 75-536 du 15 mai 1975 portant réorganisation de la Corse ;Vu la loi n° 82-213 du 2 mars 1982 modifiée relative aux droits et libertés des communes, des départements et des régions ;Vu la loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs ;Vu la loi n° 83-8 du 7 janvier 1983 relative à la répartition de compétences entre les communes, les départements, les régions et l'Etat, modifiée notamment par la loi n° 83-663 du 22 juillet 1983 ;Vu la loi n° 87-10 du 3 janvier 1987 relative à l'organisation régionale du tourisme ;Vu la loi n° 90-449 du 31 mai 1990 visant à la mise en oeuvre du droit au logement ;Vu le mémoire complémentaire présenté par les députés auteurs de la première saisine, enregistré au secrétariat général du Conseil constitutionnel le 15 avril 1991 ;Le rapporteur ayant été entendu ;
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Loi portant statut de la collectivité territoriale de Corse
Le Conseil constitutionnel,Vu la Constitution du 4 octobre 1958 ;Vu la Constitution du 27 octobre 1946 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu la loi n° 72-619 du 5 juillet 1972 modifiée portant création et organisation des régions ;Vu la loi n° 75-536 du 15 mai 1975 portant réorganisation de la Corse ;Vu la loi n° 82-213 du 2 mars 1982 modifiée relative aux droits et libertés des communes, des départements et des régions ;Vu la loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs ;Vu la loi n° 83-8 du 7 janvier 1983 relative à la répartition de compétences entre les communes, les départements, les régions et l'Etat, modifiée notamment par la loi n° 83-663 du 22 juillet 1983 ;Vu la loi n° 87-10 du 3 janvier 1987 relative à l'organisation régionale du tourisme ;Vu la loi n° 90-449 du 31 mai 1990 visant à la mise en oeuvre du droit au logement ;Vu le mémoire complémentaire présenté par les députés auteurs de la première saisine, enregistré au secrétariat général du Conseil constitutionnel le 15 avril 1991 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017667837_5
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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1. Considérant que les saisines défèrent au Conseil constitutionnel la loi portant statut de la collectivité territoriale de Corse ; que les auteurs de la première saisine contestent la régularité de la procédure suivie pour son adoption ; que les députés et les sénateurs, auteurs respectivement des première et troisième saisines critiquent, pour d'autres motifs, la constitutionnalité de plusieurs articles de la loi ;- SUR LA PROCEDURE LEGISLATIVE :2. Considérant que les auteurs de la première saisine soutiennent que la loi a été adoptée en méconnaissance des dispositions de l'article 44, alinéa 1, de la Constitution, relatives au droit d'amendement ; que, selon eux, l'exercice de ce droit permettait aux députés, lorsque l'Assemblée nationale a été appelée à statuer définitivement sur le texte en discussion, de déposer des amendements que le Sénat avait adoptés lors de son examen en première lecture ; que l'irrecevabilité opposée à de semblables amendements repose sur une fausse application des dispositions de l'article 45 de la Constitution ;3. Considérant qu'aux termes du premier alinéa de l'article 45 "tout projet ou proposition de loi est examiné successivement dans les deux assemblées du Parlement en vue de l'adoption d'un texte identique" ; que les deuxième et troisième alinéas du même article définissent la procédure législative applicable selon qu'il y a ou non création d'une commission mixte paritaire puis mise en discussion et adoption éventuelle du texte élaboré
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Loi portant statut de la collectivité territoriale de Corse
1. Considérant que les saisines défèrent au Conseil constitutionnel la loi portant statut de la collectivité territoriale de Corse ; que les auteurs de la première saisine contestent la régularité de la procédure suivie pour son adoption ; que les députés et les sénateurs, auteurs respectivement des première et troisième saisines critiquent, pour d'autres motifs, la constitutionnalité de plusieurs articles de la loi ;- SUR LA PROCEDURE LEGISLATIVE :2. Considérant que les auteurs de la première saisine soutiennent que la loi a été adoptée en méconnaissance des dispositions de l'article 44, alinéa 1, de la Constitution, relatives au droit d'amendement ; que, selon eux, l'exercice de ce droit permettait aux députés, lorsque l'Assemblée nationale a été appelée à statuer définitivement sur le texte en discussion, de déposer des amendements que le Sénat avait adoptés lors de son examen en première lecture ; que l'irrecevabilité opposée à de semblables amendements repose sur une fausse application des dispositions de l'article 45 de la Constitution ;3. Considérant qu'aux termes du premier alinéa de l'article 45 "tout projet ou proposition de loi est examiné successivement dans les deux assemblées du Parlement en vue de l'adoption d'un texte identique" ; que les deuxième et troisième alinéas du même article définissent la procédure législative applicable selon qu'il y a ou non création d'une commission mixte paritaire puis mise en discussion et adoption éventuelle du texte élaboré
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CONSTEXT000017667837_6
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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du même article définissent la procédure législative applicable selon qu'il y a ou non création d'une commission mixte paritaire puis mise en discussion et adoption éventuelle du texte élaboré par elle ; que, dans cette dernière éventualité, aucun amendement n'est recevable sauf accord du Gouvernement ; qu'en vertu du quatrième alinéa de l'article 45, le Gouvernement peut, après une nouvelle lecture par chaque assemblée, demander à l'Assemblée nationale de statuer définitivement soit sur le texte élaboré par la commission mixte, soit sur le dernier texte voté par elle, modifié le cas échéant par un ou plusieurs des amendements adoptés par le Sénat ;4. Considérant que si le droit d'amendement, qui est le corollaire de l'initiative législative, peut s'exercer à chaque stade de la procédure, il est soumis à des limitations particulières quand est mis en discussion le texte élaboré par la commission mixte paritaire ou lorsque le Gouvernement invite l'Assemblée nationale, sur le fondement du quatrième alinéa de l'article 45 de la Constitution, à statuer définitivement ; que, dans l'hypothèse où l'Assemblée est appelée à se prononcer sur le dernier texte voté par elle, ne peuvent être adoptés que les amendements votés par le Sénat lors de la dernière lecture par lui du texte en discussion ;5. Considérant qu'à la suite de l'échec de la procédure de la commission mixte paritaire, le Sénat, appelé à débattre en nouvelle lecture du projet de loi portant statut de la collectivité
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Loi portant statut de la collectivité territoriale de Corse
du même article définissent la procédure législative applicable selon qu'il y a ou non création d'une commission mixte paritaire puis mise en discussion et adoption éventuelle du texte élaboré par elle ; que, dans cette dernière éventualité, aucun amendement n'est recevable sauf accord du Gouvernement ; qu'en vertu du quatrième alinéa de l'article 45, le Gouvernement peut, après une nouvelle lecture par chaque assemblée, demander à l'Assemblée nationale de statuer définitivement soit sur le texte élaboré par la commission mixte, soit sur le dernier texte voté par elle, modifié le cas échéant par un ou plusieurs des amendements adoptés par le Sénat ;4. Considérant que si le droit d'amendement, qui est le corollaire de l'initiative législative, peut s'exercer à chaque stade de la procédure, il est soumis à des limitations particulières quand est mis en discussion le texte élaboré par la commission mixte paritaire ou lorsque le Gouvernement invite l'Assemblée nationale, sur le fondement du quatrième alinéa de l'article 45 de la Constitution, à statuer définitivement ; que, dans l'hypothèse où l'Assemblée est appelée à se prononcer sur le dernier texte voté par elle, ne peuvent être adoptés que les amendements votés par le Sénat lors de la dernière lecture par lui du texte en discussion ;5. Considérant qu'à la suite de l'échec de la procédure de la commission mixte paritaire, le Sénat, appelé à débattre en nouvelle lecture du projet de loi portant statut de la collectivité
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CONSTEXT000017667837_7
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CONSTEXT000017667837
| 7 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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;5. Considérant qu'à la suite de l'échec de la procédure de la commission mixte paritaire, le Sénat, appelé à débattre en nouvelle lecture du projet de loi portant statut de la collectivité territoriale de Corse, a adopté la question préalable ; qu'il a ainsi renoncé à l'amender à ce stade de la procédure ; que le Gouvernement a alors demandé à l'Assemblée nationale de se prononcer définitivement ; que, dans ces circonstances, c'est par une exacte application des dispositions du quatrième alinéa de l'article 45 de la Constitution qu'ont été déclarés irrecevables, lors de la lecture définitive du texte par l'Assemblée nationale, les amendements qui se proposaient de reprendre ceux qui avaient été adoptés en première lecture par le Sénat ;6. Considérant qu'il résulte de ce qui précède que le moyen tiré de l'irrégularité de la procédure législative doit être écarté ;- SUR LES AUTRES MOYENS D'INCONSTITUTIONNALITE INVOQUES :7. Considérant que les auteurs de la première saisine comme ceux de la troisième saisine demandent au Conseil constitutionnel de déclarer non conformes à la Constitution les dispositions de l'article 1er de la loi en ce qu'elles comportent la reconnaissance du "peuple corse" ; que, selon les auteurs de la première saisine, l'inconstitutionnalité de l'article 1er entraîne, par voie de conséquence, celle de l'intégralité du texte de la loi dans la mesure où l'article 1er fonde la spécificité du statut de la collectivité territoriale de Corse ; que les première
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Loi portant statut de la collectivité territoriale de Corse
;5. Considérant qu'à la suite de l'échec de la procédure de la commission mixte paritaire, le Sénat, appelé à débattre en nouvelle lecture du projet de loi portant statut de la collectivité territoriale de Corse, a adopté la question préalable ; qu'il a ainsi renoncé à l'amender à ce stade de la procédure ; que le Gouvernement a alors demandé à l'Assemblée nationale de se prononcer définitivement ; que, dans ces circonstances, c'est par une exacte application des dispositions du quatrième alinéa de l'article 45 de la Constitution qu'ont été déclarés irrecevables, lors de la lecture définitive du texte par l'Assemblée nationale, les amendements qui se proposaient de reprendre ceux qui avaient été adoptés en première lecture par le Sénat ;6. Considérant qu'il résulte de ce qui précède que le moyen tiré de l'irrégularité de la procédure législative doit être écarté ;- SUR LES AUTRES MOYENS D'INCONSTITUTIONNALITE INVOQUES :7. Considérant que les auteurs de la première saisine comme ceux de la troisième saisine demandent au Conseil constitutionnel de déclarer non conformes à la Constitution les dispositions de l'article 1er de la loi en ce qu'elles comportent la reconnaissance du "peuple corse" ; que, selon les auteurs de la première saisine, l'inconstitutionnalité de l'article 1er entraîne, par voie de conséquence, celle de l'intégralité du texte de la loi dans la mesure où l'article 1er fonde la spécificité du statut de la collectivité territoriale de Corse ; que les première
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CONSTEXT000017667837_8
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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entraîne, par voie de conséquence, celle de l'intégralité du texte de la loi dans la mesure où l'article 1er fonde la spécificité du statut de la collectivité territoriale de Corse ; que les première et troisième saisines critiquent les dispositions de la loi qui dotent la collectivité territoriale de Corse d'une "organisation particulière" ainsi que le texte de l'article 85 relatif à la refonte de la liste électorale de chaque commune de Corse ;8. Considérant que les auteurs de la première saisine font valoir, en outre, que sont contraires à la Constitution les modalités retenues par les articles 10 à 14 de la loi en vue d'assurer la représentation au Sénat de la collectivité territoriale de Corse ; qu'il en va de même des dispositions qui définissent les attributions de cette collectivité car elles ont pour effet de priver les deux départements de Corse de compétences substantielles ;9. Considérant que les auteurs de la troisième saisine contestent également les dispositions de l'article 7 en tant qu'elles édictent une incompatibilité spécifique aux élus de Corse ainsi que celles de l'article 53 en ce qu'elles prévoient l'insertion de l'enseignement de la langue et de la culture corses dans le temps scolaire des établissements situés dans la collectivité territoriale de Corse ;En ce qui concerne l'article 1er :10. Considérant que l'article 1er de la loi est ainsi rédigé : "La République française garantit à la communauté historique et culturelle vivante que constitue le
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Loi portant statut de la collectivité territoriale de Corse
entraîne, par voie de conséquence, celle de l'intégralité du texte de la loi dans la mesure où l'article 1er fonde la spécificité du statut de la collectivité territoriale de Corse ; que les première et troisième saisines critiquent les dispositions de la loi qui dotent la collectivité territoriale de Corse d'une "organisation particulière" ainsi que le texte de l'article 85 relatif à la refonte de la liste électorale de chaque commune de Corse ;8. Considérant que les auteurs de la première saisine font valoir, en outre, que sont contraires à la Constitution les modalités retenues par les articles 10 à 14 de la loi en vue d'assurer la représentation au Sénat de la collectivité territoriale de Corse ; qu'il en va de même des dispositions qui définissent les attributions de cette collectivité car elles ont pour effet de priver les deux départements de Corse de compétences substantielles ;9. Considérant que les auteurs de la troisième saisine contestent également les dispositions de l'article 7 en tant qu'elles édictent une incompatibilité spécifique aux élus de Corse ainsi que celles de l'article 53 en ce qu'elles prévoient l'insertion de l'enseignement de la langue et de la culture corses dans le temps scolaire des établissements situés dans la collectivité territoriale de Corse ;En ce qui concerne l'article 1er :10. Considérant que l'article 1er de la loi est ainsi rédigé : "La République française garantit à la communauté historique et culturelle vivante que constitue le
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CONSTEXT000017667837_9
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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;En ce qui concerne l'article 1er :10. Considérant que l'article 1er de la loi est ainsi rédigé : "La République française garantit à la communauté historique et culturelle vivante que constitue le peuple corse, composante du peuple français, les droits à la préservation de son identité culturelle et à la défense de ses intérêts économiques et sociaux spécifiques. Ces droits liés à l'insularité s'exercent dans le respect de l'unité nationale, dans le cadre de la Constitution, des lois de la République et du présent statut." ;11. Considérant que cet article est critiqué en ce qu'il consacre juridiquement l'existence au sein du peuple français d'une composante "le peuple corse" ; qu'il est soutenu par les auteurs de la première saisine que cette reconnaissance n'est conforme ni au préambule de la Constitution de 1958 qui postule l'unicité du "peuple français", ni à son article 2 qui consacre l'indivisibilité de la République, ni à son article 3 qui désigne le peuple comme seul détenteur de la souveraineté nationale ; qu'au demeurant, l'article 53 de la Constitution se réfère aux "populations intéressées" d'un territoire et non pas au concept de peuple ; que les sénateurs auteurs de la troisième saisine font valoir qu'il résulte des dispositions de la Déclaration des droits de 1789, de plusieurs alinéas du préambule de la Constitution de 1946, de la loi constitutionnelle du 3 juin 1958, du préambule de la Constitution de 1958 comme de ses articles 2, 3 et 91, que l'expression
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Loi portant statut de la collectivité territoriale de Corse
;En ce qui concerne l'article 1er :10. Considérant que l'article 1er de la loi est ainsi rédigé : "La République française garantit à la communauté historique et culturelle vivante que constitue le peuple corse, composante du peuple français, les droits à la préservation de son identité culturelle et à la défense de ses intérêts économiques et sociaux spécifiques. Ces droits liés à l'insularité s'exercent dans le respect de l'unité nationale, dans le cadre de la Constitution, des lois de la République et du présent statut." ;11. Considérant que cet article est critiqué en ce qu'il consacre juridiquement l'existence au sein du peuple français d'une composante "le peuple corse" ; qu'il est soutenu par les auteurs de la première saisine que cette reconnaissance n'est conforme ni au préambule de la Constitution de 1958 qui postule l'unicité du "peuple français", ni à son article 2 qui consacre l'indivisibilité de la République, ni à son article 3 qui désigne le peuple comme seul détenteur de la souveraineté nationale ; qu'au demeurant, l'article 53 de la Constitution se réfère aux "populations intéressées" d'un territoire et non pas au concept de peuple ; que les sénateurs auteurs de la troisième saisine font valoir qu'il résulte des dispositions de la Déclaration des droits de 1789, de plusieurs alinéas du préambule de la Constitution de 1946, de la loi constitutionnelle du 3 juin 1958, du préambule de la Constitution de 1958 comme de ses articles 2, 3 et 91, que l'expression
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CONSTEXT000017667837_10
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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de plusieurs alinéas du préambule de la Constitution de 1946, de la loi constitutionnelle du 3 juin 1958, du préambule de la Constitution de 1958 comme de ses articles 2, 3 et 91, que l'expression "le peuple", lorsqu'elle s'applique au peuple français, doit être considérée comme une catégorie unitaire insusceptible de toute subdivision en vertu de la loi ;12. Considérant qu'aux termes du premier alinéa du préambule de la Constitution de 1958 "le peuple français proclame solennellement son attachement aux droits de l'homme et aux principes de la souveraineté nationale tels qu'ils ont été définis par la Déclaration de 1789, confirmée et complétée par le préambule de la Constitution de 1946" ; que la Déclaration des droits de l'homme et du citoyen à laquelle il est ainsi fait référence émanait des représentants "du peuple français" ; que le préambule de la Constitution de 1946, réaffirmé par le préambule de la Constitution de 1958, énonce que "le peuple français proclame à nouveau que tout être humain, sans distinction de race, de religion ni de croyance, possède des droits inaliénables et sacrés" ; que la Constitution de 1958 distingue le peuple français des peuples d'outre-mer auxquels est reconnu le droit à la libre détermination ; que la référence faite au "peuple français" figure d'ailleurs depuis deux siècles dans de nombreux textes constitutionnels ; qu'ainsi le concept juridique de "peuple français" a valeur constitutionnelle ;13. Considérant que la France est, ainsi
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Loi portant statut de la collectivité territoriale de Corse
de plusieurs alinéas du préambule de la Constitution de 1946, de la loi constitutionnelle du 3 juin 1958, du préambule de la Constitution de 1958 comme de ses articles 2, 3 et 91, que l'expression "le peuple", lorsqu'elle s'applique au peuple français, doit être considérée comme une catégorie unitaire insusceptible de toute subdivision en vertu de la loi ;12. Considérant qu'aux termes du premier alinéa du préambule de la Constitution de 1958 "le peuple français proclame solennellement son attachement aux droits de l'homme et aux principes de la souveraineté nationale tels qu'ils ont été définis par la Déclaration de 1789, confirmée et complétée par le préambule de la Constitution de 1946" ; que la Déclaration des droits de l'homme et du citoyen à laquelle il est ainsi fait référence émanait des représentants "du peuple français" ; que le préambule de la Constitution de 1946, réaffirmé par le préambule de la Constitution de 1958, énonce que "le peuple français proclame à nouveau que tout être humain, sans distinction de race, de religion ni de croyance, possède des droits inaliénables et sacrés" ; que la Constitution de 1958 distingue le peuple français des peuples d'outre-mer auxquels est reconnu le droit à la libre détermination ; que la référence faite au "peuple français" figure d'ailleurs depuis deux siècles dans de nombreux textes constitutionnels ; qu'ainsi le concept juridique de "peuple français" a valeur constitutionnelle ;13. Considérant que la France est, ainsi
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CONSTEXT000017667837_11
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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d'ailleurs depuis deux siècles dans de nombreux textes constitutionnels ; qu'ainsi le concept juridique de "peuple français" a valeur constitutionnelle ;13. Considérant que la France est, ainsi que le proclame l'article 2 de la Constitution de 1958, une République indivisible, laïque, démocratique et sociale qui assure l'égalité devant la loi de tous les citoyens quelle que soit leur origine ; que dès lors la mention faite par le législateur du "peuple corse, composante du peuple français" est contraire à la Constitution, laquelle ne connaît que le peuple français, composé de tous les citoyens français sans distinction d'origine, de race ou de religion ;14. Considérant en conséquence que l'article 1er de la loi n'est pas conforme à la Constitution ; que toutefois il ne ressort pas du texte de cet article, tel qu'il a été rédigé et adopté, que ses dispositions soient inséparables de l'ensemble du texte de la loi soumise au Conseil constitutionnel ;En ce qui concerne le moyen tiré de ce que la collectivité territoriale de Corse serait dotée d'une "organisation particulière" en méconnaissance des articles 72 et 74 de la Constitution :15. Considérant que l'article 2 de la loi énonce dans son premier alinéa que la Corse constitue une collectivité territoriale de la République au sens de l'article 72 de la Constitution, qui s'administre librement dans les conditions fixées par la loi présentement soumise à l'examen du Conseil constitutionnel et par les dispositions non contraires
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Loi portant statut de la collectivité territoriale de Corse
d'ailleurs depuis deux siècles dans de nombreux textes constitutionnels ; qu'ainsi le concept juridique de "peuple français" a valeur constitutionnelle ;13. Considérant que la France est, ainsi que le proclame l'article 2 de la Constitution de 1958, une République indivisible, laïque, démocratique et sociale qui assure l'égalité devant la loi de tous les citoyens quelle que soit leur origine ; que dès lors la mention faite par le législateur du "peuple corse, composante du peuple français" est contraire à la Constitution, laquelle ne connaît que le peuple français, composé de tous les citoyens français sans distinction d'origine, de race ou de religion ;14. Considérant en conséquence que l'article 1er de la loi n'est pas conforme à la Constitution ; que toutefois il ne ressort pas du texte de cet article, tel qu'il a été rédigé et adopté, que ses dispositions soient inséparables de l'ensemble du texte de la loi soumise au Conseil constitutionnel ;En ce qui concerne le moyen tiré de ce que la collectivité territoriale de Corse serait dotée d'une "organisation particulière" en méconnaissance des articles 72 et 74 de la Constitution :15. Considérant que l'article 2 de la loi énonce dans son premier alinéa que la Corse constitue une collectivité territoriale de la République au sens de l'article 72 de la Constitution, qui s'administre librement dans les conditions fixées par la loi présentement soumise à l'examen du Conseil constitutionnel et par les dispositions non contraires
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CONSTEXT000017667837_12
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CONSTEXT000017667837
| 12 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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de l'article 72 de la Constitution, qui s'administre librement dans les conditions fixées par la loi présentement soumise à l'examen du Conseil constitutionnel et par les dispositions non contraires des lois n° 72-619 du 5 juillet 1972 et n° 82-213 du 2 mars 1982 ; qu'aux termes du second alinéa de l'article 2 "les organes de la collectivité territoriale de Corse comprennent l'Assemblée de Corse et son président, le Conseil exécutif de Corse et son président assistés du conseil économique, social et culturel de Corse" ; qu'en vertu de l'article 7 les conseillers à l'Assemblée de Corse sont élus dans une circonscription unique suivant un scrutin de liste à un ou deux tours ; qu'il est spécifié à l'article 28 que le Conseil exécutif de Corse dirige l'action de la collectivité territoriale de Corse, dans les conditions et limites fixées par la loi ; que selon l'article 36 le président du Conseil exécutif peut, par arrêté délibéré au sein dudit Conseil, prendre toute mesure tendant à préciser les modalités d'application des délibérations de l'Assemblée ou fixant les règles d'organisation et de fonctionnement des services de la collectivité territoriale de Corse ; que d'après l'article 38, l'Assemblée de Corse peut mettre en cause la responsabilité du Conseil exécutif ;16. Considérant que pour les auteurs de la première saisine, en créant une collectivité territoriale de Corse administrée par des organes spécifiques et en instituant un régime électoral original, le législateur a
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Loi portant statut de la collectivité territoriale de Corse
de l'article 72 de la Constitution, qui s'administre librement dans les conditions fixées par la loi présentement soumise à l'examen du Conseil constitutionnel et par les dispositions non contraires des lois n° 72-619 du 5 juillet 1972 et n° 82-213 du 2 mars 1982 ; qu'aux termes du second alinéa de l'article 2 "les organes de la collectivité territoriale de Corse comprennent l'Assemblée de Corse et son président, le Conseil exécutif de Corse et son président assistés du conseil économique, social et culturel de Corse" ; qu'en vertu de l'article 7 les conseillers à l'Assemblée de Corse sont élus dans une circonscription unique suivant un scrutin de liste à un ou deux tours ; qu'il est spécifié à l'article 28 que le Conseil exécutif de Corse dirige l'action de la collectivité territoriale de Corse, dans les conditions et limites fixées par la loi ; que selon l'article 36 le président du Conseil exécutif peut, par arrêté délibéré au sein dudit Conseil, prendre toute mesure tendant à préciser les modalités d'application des délibérations de l'Assemblée ou fixant les règles d'organisation et de fonctionnement des services de la collectivité territoriale de Corse ; que d'après l'article 38, l'Assemblée de Corse peut mettre en cause la responsabilité du Conseil exécutif ;16. Considérant que pour les auteurs de la première saisine, en créant une collectivité territoriale de Corse administrée par des organes spécifiques et en instituant un régime électoral original, le législateur a
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CONSTEXT000017667837_13
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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que pour les auteurs de la première saisine, en créant une collectivité territoriale de Corse administrée par des organes spécifiques et en instituant un régime électoral original, le législateur a méconnu les dispositions combinées des articles 72 et 74 de la Constitution ; que les sénateurs auteurs de la troisième saisine développent une argumentation analogue en soulignant notamment que l'organisation institutionnelle prévue par la loi confère à la Corse un statut qui n'a rien de commun avec celui des collectivités territoriales métropolitaines et qui s'apparente à une "organisation particulière" que l'article 74 de la Constitution réserve aux territoires d'outre-mer ;17. Considérant qu'en vertu de l'article 34 de la Constitution la loi fixe "les règles concernant le régime électoral des assemblées locales" et détermine "les principes fondamentaux de la libre administration des collectivités locales, de leurs compétences et de leurs ressources" ; que l'article 72 de la Constitution énonce dans son premier alinéa que "les collectivités territoriales de la République sont les communes, les départements, les territoires d'outre-mer. Toute autre collectivité territoriale est créée par la loi." ; que le deuxième alinéa du même article prescrit que "ces collectivités s'administrent librement par des conseils élus et dans les conditions prévues par la loi" ; qu'enfin, aux termes du troisième alinéa de l'article 72, "dans les départements et les territoires, le délégué du
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Loi portant statut de la collectivité territoriale de Corse
que pour les auteurs de la première saisine, en créant une collectivité territoriale de Corse administrée par des organes spécifiques et en instituant un régime électoral original, le législateur a méconnu les dispositions combinées des articles 72 et 74 de la Constitution ; que les sénateurs auteurs de la troisième saisine développent une argumentation analogue en soulignant notamment que l'organisation institutionnelle prévue par la loi confère à la Corse un statut qui n'a rien de commun avec celui des collectivités territoriales métropolitaines et qui s'apparente à une "organisation particulière" que l'article 74 de la Constitution réserve aux territoires d'outre-mer ;17. Considérant qu'en vertu de l'article 34 de la Constitution la loi fixe "les règles concernant le régime électoral des assemblées locales" et détermine "les principes fondamentaux de la libre administration des collectivités locales, de leurs compétences et de leurs ressources" ; que l'article 72 de la Constitution énonce dans son premier alinéa que "les collectivités territoriales de la République sont les communes, les départements, les territoires d'outre-mer. Toute autre collectivité territoriale est créée par la loi." ; que le deuxième alinéa du même article prescrit que "ces collectivités s'administrent librement par des conseils élus et dans les conditions prévues par la loi" ; qu'enfin, aux termes du troisième alinéa de l'article 72, "dans les départements et les territoires, le délégué du
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CONSTEXT000017667837_14
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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librement par des conseils élus et dans les conditions prévues par la loi" ; qu'enfin, aux termes du troisième alinéa de l'article 72, "dans les départements et les territoires, le délégué du Gouvernement a la charge des intérêts nationaux, du contrôle administratif et du respect des lois" ;18. Considérant que la consécration par les articles 74 et 76 de la Constitution du particularisme de la situation des territoires d'outre-mer, si elle a notamment pour effet de limiter à ces territoires la possibilité pour le législateur de déroger aux règles de répartition des compétences entre la loi et le règlement, ne fait pas obstacle à ce que le législateur, agissant sur le fondement des dispositions précitées des articles 34 et 72 de la Constitution, crée une nouvelle catégorie de collectivité territoriale, même ne comprenant qu'une unité, et la dote d'un statut spécifique ;19. Considérant cependant que, dans l'exercice de sa compétence, le législateur doit se conformer aux règles et principes de valeur constitutionnelle et notamment au principe de libre administration des collectivités territoriales énoncé au deuxième alinéa de l'article 72 ; qu'il doit également assurer le respect des prérogatives de l'État comme l'exige le troisième alinéa du même article ;20. Considérant que l'Assemblée de Corse, élue au suffrage universel direct, est investie du pouvoir de régler par ses délibérations les affaires de la collectivité territoriale de Corse ; que si la loi institue un Conseil
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Loi portant statut de la collectivité territoriale de Corse
librement par des conseils élus et dans les conditions prévues par la loi" ; qu'enfin, aux termes du troisième alinéa de l'article 72, "dans les départements et les territoires, le délégué du Gouvernement a la charge des intérêts nationaux, du contrôle administratif et du respect des lois" ;18. Considérant que la consécration par les articles 74 et 76 de la Constitution du particularisme de la situation des territoires d'outre-mer, si elle a notamment pour effet de limiter à ces territoires la possibilité pour le législateur de déroger aux règles de répartition des compétences entre la loi et le règlement, ne fait pas obstacle à ce que le législateur, agissant sur le fondement des dispositions précitées des articles 34 et 72 de la Constitution, crée une nouvelle catégorie de collectivité territoriale, même ne comprenant qu'une unité, et la dote d'un statut spécifique ;19. Considérant cependant que, dans l'exercice de sa compétence, le législateur doit se conformer aux règles et principes de valeur constitutionnelle et notamment au principe de libre administration des collectivités territoriales énoncé au deuxième alinéa de l'article 72 ; qu'il doit également assurer le respect des prérogatives de l'État comme l'exige le troisième alinéa du même article ;20. Considérant que l'Assemblée de Corse, élue au suffrage universel direct, est investie du pouvoir de régler par ses délibérations les affaires de la collectivité territoriale de Corse ; que si la loi institue un Conseil
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CONSTEXT000017667837_15
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CONSTEXT000017667837
| 15 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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de Corse, élue au suffrage universel direct, est investie du pouvoir de régler par ses délibérations les affaires de la collectivité territoriale de Corse ; que si la loi institue un Conseil exécutif doté de pouvoirs propres, ce conseil est élu par l'Assemblée de Corse en son sein et est responsable devant elle ; que le représentant de l'État dans la collectivité territoriale de Corse conserve la charge des intérêts nationaux, du respect des lois et du contrôle administratif ; qu'enfin, ni l'Assemblée de Corse ni le Conseil exécutif, ne se voient attribuer des compétences ressortissant au domaine de la loi ; qu'ainsi cette organisation spécifique à caractère administratif de la collectivité territoriale de Corse ne méconnaît pas l'article 72 de la Constitution ;En ce qui concerne l'édiction par l'article 7 de la loi d'une incompatibilité spécifique aux élus de Corse :21. Considérant que l'article 7 de la loi a notamment pour objet d'ajouter au code électoral un article L. 369 bis ; que cet article énonce dans son premier alinéa que "nul ne peut être conseiller àl'Assemblée de Corse et conseiller général" ; qu'il définit, dans son second alinéa, les modalités d'application de l'incompatibilité ainsi édictée ;22. Considérant que pour les auteurs de la troisième saisine une telle incompatibilité, qui est sans équivalent dans aucune autre collectivité territoriale de la République, est contraire au principe d'égalité des citoyens devant la loi électorale ; qu'en effet, des élus
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Loi portant statut de la collectivité territoriale de Corse
de Corse, élue au suffrage universel direct, est investie du pouvoir de régler par ses délibérations les affaires de la collectivité territoriale de Corse ; que si la loi institue un Conseil exécutif doté de pouvoirs propres, ce conseil est élu par l'Assemblée de Corse en son sein et est responsable devant elle ; que le représentant de l'État dans la collectivité territoriale de Corse conserve la charge des intérêts nationaux, du respect des lois et du contrôle administratif ; qu'enfin, ni l'Assemblée de Corse ni le Conseil exécutif, ne se voient attribuer des compétences ressortissant au domaine de la loi ; qu'ainsi cette organisation spécifique à caractère administratif de la collectivité territoriale de Corse ne méconnaît pas l'article 72 de la Constitution ;En ce qui concerne l'édiction par l'article 7 de la loi d'une incompatibilité spécifique aux élus de Corse :21. Considérant que l'article 7 de la loi a notamment pour objet d'ajouter au code électoral un article L. 369 bis ; que cet article énonce dans son premier alinéa que "nul ne peut être conseiller àl'Assemblée de Corse et conseiller général" ; qu'il définit, dans son second alinéa, les modalités d'application de l'incompatibilité ainsi édictée ;22. Considérant que pour les auteurs de la troisième saisine une telle incompatibilité, qui est sans équivalent dans aucune autre collectivité territoriale de la République, est contraire au principe d'égalité des citoyens devant la loi électorale ; qu'en effet, des élus
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CONSTEXT000017667837_16
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CONSTEXT000017667837
| 16 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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qui est sans équivalent dans aucune autre collectivité territoriale de la République, est contraire au principe d'égalité des citoyens devant la loi électorale ; qu'en effet, des élus investis d'un mandat de même nature, comme les conseillers régionaux et les conseillers à l'Assemblée de Corse, se trouvent soumis à un régime discriminatoire quant à la possibilité d'exercer le mandat de conseiller général ;23. Considérant que l'article L. 46-1 ajouté au code électoral par la loi n° 85-1406 du 30 décembre 1985 limite la possibilité pour une même personne de cumuler plus de deux des mandats électoraux ou fonctions électives qu'il énumère ; qu'au nombre des mandats pris en compte pour l'application de cette législation de portée générale figurent notamment le mandat de conseiller général et celui de conseiller régional ; que l'article 8 de la loi présentement soumise à l'examen du Conseil constitutionnel place sur le même plan au regard de la réglementation générale des cumuls le mandat de conseiller à l'Assemblée de Corse et celui de conseiller régional ; que dès lors qu'il entendait procéder à une semblable assimilation, le législateur ne pouvait, sans méconnaître le principe d'égalité, interdire aux conseillers à l'Assemblée de Corse de cumuler ce mandat avec celui de conseiller général alors qu'un tel cumul est autorisé sur l'ensemble du territoire de la République et qu'aucune justification tirée de la spécificité de la collectivité territoriale de Corse ne fonde une telle
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Loi portant statut de la collectivité territoriale de Corse
qui est sans équivalent dans aucune autre collectivité territoriale de la République, est contraire au principe d'égalité des citoyens devant la loi électorale ; qu'en effet, des élus investis d'un mandat de même nature, comme les conseillers régionaux et les conseillers à l'Assemblée de Corse, se trouvent soumis à un régime discriminatoire quant à la possibilité d'exercer le mandat de conseiller général ;23. Considérant que l'article L. 46-1 ajouté au code électoral par la loi n° 85-1406 du 30 décembre 1985 limite la possibilité pour une même personne de cumuler plus de deux des mandats électoraux ou fonctions électives qu'il énumère ; qu'au nombre des mandats pris en compte pour l'application de cette législation de portée générale figurent notamment le mandat de conseiller général et celui de conseiller régional ; que l'article 8 de la loi présentement soumise à l'examen du Conseil constitutionnel place sur le même plan au regard de la réglementation générale des cumuls le mandat de conseiller à l'Assemblée de Corse et celui de conseiller régional ; que dès lors qu'il entendait procéder à une semblable assimilation, le législateur ne pouvait, sans méconnaître le principe d'égalité, interdire aux conseillers à l'Assemblée de Corse de cumuler ce mandat avec celui de conseiller général alors qu'un tel cumul est autorisé sur l'ensemble du territoire de la République et qu'aucune justification tirée de la spécificité de la collectivité territoriale de Corse ne fonde une telle
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CONSTEXT000017667837_17
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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général alors qu'un tel cumul est autorisé sur l'ensemble du territoire de la République et qu'aucune justification tirée de la spécificité de la collectivité territoriale de Corse ne fonde une telle interdiction ;24. Considérant qu'il y a lieu par suite pour le Conseil constitutionnel de déclarer contraire à la Constitution l'article L. 369 bis ajouté au code électoral par l'article 7 de la loi déférée ;En ce qui concerne les conditions de représentation au Sénat de la collectivité territoriale de Corse :25. Considérant que l'article 10 de la loi dispose que dans les deux départements de Corse sont substitués aux conseillers régionaux en qualité de membres du collège électoral sénatorial des conseillers à l'Assemblée de Corse désignés dans les conditions définies par les articles 11 à 14 ; qu'il est prévu à cet effet que l'Assemblée de Corse, une fois son effectif réparti proportionnellement à la population de chacun des deux départements de Corse, procède à la désignation de ceux de ses membres appelés à la représenter au sein du collège électoral du département le plus peuplé ; que les conseillers à l'Assemblée non désignés à ce titre font partie de plein droit du collège électoral du département le moins peuplé ;26. Considérant que les auteurs de la première saisine formulent deux griefs à l'encontre de ces dispositions ; que, d'une part, il est soutenu que leur entrée en vigueur aurait dû être subordonnée à l'adoption préalable d'une loi organique modifiant les
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Loi portant statut de la collectivité territoriale de Corse
général alors qu'un tel cumul est autorisé sur l'ensemble du territoire de la République et qu'aucune justification tirée de la spécificité de la collectivité territoriale de Corse ne fonde une telle interdiction ;24. Considérant qu'il y a lieu par suite pour le Conseil constitutionnel de déclarer contraire à la Constitution l'article L. 369 bis ajouté au code électoral par l'article 7 de la loi déférée ;En ce qui concerne les conditions de représentation au Sénat de la collectivité territoriale de Corse :25. Considérant que l'article 10 de la loi dispose que dans les deux départements de Corse sont substitués aux conseillers régionaux en qualité de membres du collège électoral sénatorial des conseillers à l'Assemblée de Corse désignés dans les conditions définies par les articles 11 à 14 ; qu'il est prévu à cet effet que l'Assemblée de Corse, une fois son effectif réparti proportionnellement à la population de chacun des deux départements de Corse, procède à la désignation de ceux de ses membres appelés à la représenter au sein du collège électoral du département le plus peuplé ; que les conseillers à l'Assemblée non désignés à ce titre font partie de plein droit du collège électoral du département le moins peuplé ;26. Considérant que les auteurs de la première saisine formulent deux griefs à l'encontre de ces dispositions ; que, d'une part, il est soutenu que leur entrée en vigueur aurait dû être subordonnée à l'adoption préalable d'une loi organique modifiant les
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CONSTEXT000017667837_18
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CONSTEXT000017667837
| 18 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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formulent deux griefs à l'encontre de ces dispositions ; que, d'une part, il est soutenu que leur entrée en vigueur aurait dû être subordonnée à l'adoption préalable d'une loi organique modifiant les dispositions relatives au nombre de sénateurs et à l'assise territoriale de leurs sièges ; que, d'autre part, ces dispositions introduiraient une discrimination entre les sénateurs car ceux d'entre eux élus en Corse représenteraient non pas seulement une collectivité territoriale mais à la fois le département et la collectivité territoriale nouvellement créée ;27. Considérant que le troisième alinéa de l'article 24 de la Constitution dispose que "le Sénat est élu au suffrage indirect. Il assure la représentation des collectivités territoriales de la République. Les Français établis hors de France sont représentés au Sénat" ; que, selon le premier alinéa de l'article 25 de la Constitution, la loi organique fixe le nombre des membres de chaque assemblée parlementaire ; que la création d'une nouvelle catégorie de collectivité territoriale relève d'une loi comme le prescrit le premier alinéa de l'article 72 de la Constitution ; que ressortit également à la compétence du législateur, en vertu de l'article 34 de la Constitution, la fixation des règles concernant le régime électoral des assemblées parlementaires ;28. Considérant qu'il résulte de ces diverses dispositions que l'entrée en vigueur d'une loi instituant une nouvelle catégorie de collectivités territoriales n'est pas
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Loi portant statut de la collectivité territoriale de Corse
formulent deux griefs à l'encontre de ces dispositions ; que, d'une part, il est soutenu que leur entrée en vigueur aurait dû être subordonnée à l'adoption préalable d'une loi organique modifiant les dispositions relatives au nombre de sénateurs et à l'assise territoriale de leurs sièges ; que, d'autre part, ces dispositions introduiraient une discrimination entre les sénateurs car ceux d'entre eux élus en Corse représenteraient non pas seulement une collectivité territoriale mais à la fois le département et la collectivité territoriale nouvellement créée ;27. Considérant que le troisième alinéa de l'article 24 de la Constitution dispose que "le Sénat est élu au suffrage indirect. Il assure la représentation des collectivités territoriales de la République. Les Français établis hors de France sont représentés au Sénat" ; que, selon le premier alinéa de l'article 25 de la Constitution, la loi organique fixe le nombre des membres de chaque assemblée parlementaire ; que la création d'une nouvelle catégorie de collectivité territoriale relève d'une loi comme le prescrit le premier alinéa de l'article 72 de la Constitution ; que ressortit également à la compétence du législateur, en vertu de l'article 34 de la Constitution, la fixation des règles concernant le régime électoral des assemblées parlementaires ;28. Considérant qu'il résulte de ces diverses dispositions que l'entrée en vigueur d'une loi instituant une nouvelle catégorie de collectivités territoriales n'est pas
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CONSTEXT000017667837_19
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CONSTEXT000017667837
| 19 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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des assemblées parlementaires ;28. Considérant qu'il résulte de ces diverses dispositions que l'entrée en vigueur d'une loi instituant une nouvelle catégorie de collectivités territoriales n'est pas subordonnée à l'adoption préalable d'une loi organique ; que si l'article 24 de la Constitution impose que les différentes collectivités territoriales soient représentées au Sénat, il n'exige pas que chaque catégorie de collectivités dispose d'une représentation propre ; que l'article L.O. 274 du code électoral, dans sa rédaction issue de l'article 3 de la loi organique n° 86-957 du 13 août 1986, en disposant que "le nombre de sénateurs élus dans les départements est de 304" implique seulement que, sous réserve d'exceptions prévues par d'autres textes ayant valeur de loi organique, les sénateurs soient élus dans le cadre du département ; qu'il ne fait pas obstacle à ce que les dispositions législatives relatives au régime électoral du Sénat organisent la participation au collège électoral sénatorial de délégués de collectivités territoriales autres que le département ;29. Considérant dans ces conditions, que les articles 10 à 14 de la loi, en prévoyant que dans les deux départements de Corse, des conseillers à l'Assemblée de Corse sont substitués aux conseillers régionaux au sein des collèges électoraux sénatoriaux, n'ont ni empiété sur la compétence réservée à la loi organique par la Constitution ni introduit de différence de traitement inconstitutionnelle entre les sénateurs
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Loi portant statut de la collectivité territoriale de Corse
des assemblées parlementaires ;28. Considérant qu'il résulte de ces diverses dispositions que l'entrée en vigueur d'une loi instituant une nouvelle catégorie de collectivités territoriales n'est pas subordonnée à l'adoption préalable d'une loi organique ; que si l'article 24 de la Constitution impose que les différentes collectivités territoriales soient représentées au Sénat, il n'exige pas que chaque catégorie de collectivités dispose d'une représentation propre ; que l'article L.O. 274 du code électoral, dans sa rédaction issue de l'article 3 de la loi organique n° 86-957 du 13 août 1986, en disposant que "le nombre de sénateurs élus dans les départements est de 304" implique seulement que, sous réserve d'exceptions prévues par d'autres textes ayant valeur de loi organique, les sénateurs soient élus dans le cadre du département ; qu'il ne fait pas obstacle à ce que les dispositions législatives relatives au régime électoral du Sénat organisent la participation au collège électoral sénatorial de délégués de collectivités territoriales autres que le département ;29. Considérant dans ces conditions, que les articles 10 à 14 de la loi, en prévoyant que dans les deux départements de Corse, des conseillers à l'Assemblée de Corse sont substitués aux conseillers régionaux au sein des collèges électoraux sénatoriaux, n'ont ni empiété sur la compétence réservée à la loi organique par la Constitution ni introduit de différence de traitement inconstitutionnelle entre les sénateurs
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CONSTEXT000017667837_20
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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collèges électoraux sénatoriaux, n'ont ni empiété sur la compétence réservée à la loi organique par la Constitution ni introduit de différence de traitement inconstitutionnelle entre les sénateurs élus dans les départements de Corse et les autres sénateurs ;En ce qui concerne le moyen tiré de l'atteinte portée aux compétences des deux départements de Corse :30. Considérant que les auteurs de la première saisine estiment que la loi déférée aboutit à enlever un nombre substantiel d'attributions aux deux départements de Corse, notamment en matière d'enseignement, de transport et d'habitat ; qu'ils en déduisent qu'il est porté atteinte aux exigences de la Constitution selon lesquelles toute collectivité territoriale doit exercer des compétences effectives ;31. 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" ; que relèvent par suite du domaine de la loi la détermination des transferts de compétences entre l'État et les collectivités territoriales, de même que la répartition entre plusieurs catégories de collectivités territoriales de leurs attributions respectives ;32. Considérant que, dans son premier alinéa, l'article 72 de la Constitution consacre l'existence des catégories de collectivités territoriales que sont les communes, les départements et les territoires d'outre-mer, tout en réservant à la loi la possibilité de
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Loi portant statut de la collectivité territoriale de Corse
collèges électoraux sénatoriaux, n'ont ni empiété sur la compétence réservée à la loi organique par la Constitution ni introduit de différence de traitement inconstitutionnelle entre les sénateurs élus dans les départements de Corse et les autres sénateurs ;En ce qui concerne le moyen tiré de l'atteinte portée aux compétences des deux départements de Corse :30. Considérant que les auteurs de la première saisine estiment que la loi déférée aboutit à enlever un nombre substantiel d'attributions aux deux départements de Corse, notamment en matière d'enseignement, de transport et d'habitat ; qu'ils en déduisent qu'il est porté atteinte aux exigences de la Constitution selon lesquelles toute collectivité territoriale doit exercer des compétences effectives ;31. 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" ; que relèvent par suite du domaine de la loi la détermination des transferts de compétences entre l'État et les collectivités territoriales, de même que la répartition entre plusieurs catégories de collectivités territoriales de leurs attributions respectives ;32. Considérant que, dans son premier alinéa, l'article 72 de la Constitution consacre l'existence des catégories de collectivités territoriales que sont les communes, les départements et les territoires d'outre-mer, tout en réservant à la loi la possibilité de
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CONSTEXT000017667837_21
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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la Constitution consacre l'existence des catégories de collectivités territoriales que sont les communes, les départements et les territoires d'outre-mer, tout en réservant à la loi la possibilité de créer de nouvelles catégories de collectivités territoriales ; que le deuxième alinéa du même article implique que pour s'administrer librement, toute collectivité territoriale doit disposer d'une assemblée délibérante élue dotée d'attributions effectives ;33. Considérant qu'en érigeant la Corse en collectivité territoriale à statut particulier et en la substituant à la région de Corse, sans pour autant mettre en cause l'existence des deux départements créés par la loi n° 75-356 du 15 mai 1975 sur le territoire de Corse, le législateur a entendu prendre en compte les caractères spécifiques de ce dernier ; qu'à cet effet, dans son titre III, intitulé "De l'identité culturelle de la Corse", ainsi que dans son titre IV, intitulé "Du développement économique de la Corse", la loi confère à la collectivité territoriale de Corse des compétences plus étendues que celles confiées en règle générale aux régions en vertu de l'article 59 de la loi n° 82-213 du 2 mars 1982 et de la législation subséquente ; qu'en effet la nouvelle collectivité territoriale se voit dotée, en sus des compétences de la région de Corse, d'attributions qui lui sont transférées par l'État ;34. Considérant ainsi que la définition par le législateur des compétences de la collectivité territoriale de Corse n'a pas
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Loi portant statut de la collectivité territoriale de Corse
la Constitution consacre l'existence des catégories de collectivités territoriales que sont les communes, les départements et les territoires d'outre-mer, tout en réservant à la loi la possibilité de créer de nouvelles catégories de collectivités territoriales ; que le deuxième alinéa du même article implique que pour s'administrer librement, toute collectivité territoriale doit disposer d'une assemblée délibérante élue dotée d'attributions effectives ;33. Considérant qu'en érigeant la Corse en collectivité territoriale à statut particulier et en la substituant à la région de Corse, sans pour autant mettre en cause l'existence des deux départements créés par la loi n° 75-356 du 15 mai 1975 sur le territoire de Corse, le législateur a entendu prendre en compte les caractères spécifiques de ce dernier ; qu'à cet effet, dans son titre III, intitulé "De l'identité culturelle de la Corse", ainsi que dans son titre IV, intitulé "Du développement économique de la Corse", la loi confère à la collectivité territoriale de Corse des compétences plus étendues que celles confiées en règle générale aux régions en vertu de l'article 59 de la loi n° 82-213 du 2 mars 1982 et de la législation subséquente ; qu'en effet la nouvelle collectivité territoriale se voit dotée, en sus des compétences de la région de Corse, d'attributions qui lui sont transférées par l'État ;34. Considérant ainsi que la définition par le législateur des compétences de la collectivité territoriale de Corse n'a pas
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CONSTEXT000017667837_22
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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de la région de Corse, d'attributions qui lui sont transférées par l'État ;34. Considérant ainsi que la définition par le législateur des compétences de la collectivité territoriale de Corse n'a pas pour conséquence d'affecter de façon substantielle les attributions des deux départements de Corse ; qu'il suit de là que la définition des compétences de la collectivité territoriale de Corse ne porte pas atteinte aux dispositions de l'article 72 de la Constitution ;En ce qui concerne l'article 53, alinéa 2, relatif à l'insertion de la langue et de la culture corses dans le temps scolaire :35. Considérant qu'en vertu de l'article 53, alinéa 2, de la loi, l'Assemblée de Corse adopte, sur proposition du Conseil exécutif, qui recueille l'avis du conseil économique, social et culturel de Corse, "un plan de développement de l'enseignement de la langue et de la culture corses, prévoyant notamment les modalités d'insertion de cet enseignement dans le temps scolaire" ; qu'il est précisé que "ces modalités font l'objet d'une convention conclue entre la collectivité territoriale de Corse et l'État" ;36. Considérant que les auteurs de la troisième saisine soutiennent que faire figurer sans motif justifié par l'intérêt général l'enseignement d'une langue régionale, quelle qu'elle soit, dans le temps scolaire des établissements situés sur le territoire de la collectivité territoriale concernée et d'elle seule, est contraire au principe d'égalité ;37. Considérant que l'article 53 prévoit
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Loi portant statut de la collectivité territoriale de Corse
de la région de Corse, d'attributions qui lui sont transférées par l'État ;34. Considérant ainsi que la définition par le législateur des compétences de la collectivité territoriale de Corse n'a pas pour conséquence d'affecter de façon substantielle les attributions des deux départements de Corse ; qu'il suit de là que la définition des compétences de la collectivité territoriale de Corse ne porte pas atteinte aux dispositions de l'article 72 de la Constitution ;En ce qui concerne l'article 53, alinéa 2, relatif à l'insertion de la langue et de la culture corses dans le temps scolaire :35. Considérant qu'en vertu de l'article 53, alinéa 2, de la loi, l'Assemblée de Corse adopte, sur proposition du Conseil exécutif, qui recueille l'avis du conseil économique, social et culturel de Corse, "un plan de développement de l'enseignement de la langue et de la culture corses, prévoyant notamment les modalités d'insertion de cet enseignement dans le temps scolaire" ; qu'il est précisé que "ces modalités font l'objet d'une convention conclue entre la collectivité territoriale de Corse et l'État" ;36. Considérant que les auteurs de la troisième saisine soutiennent que faire figurer sans motif justifié par l'intérêt général l'enseignement d'une langue régionale, quelle qu'elle soit, dans le temps scolaire des établissements situés sur le territoire de la collectivité territoriale concernée et d'elle seule, est contraire au principe d'égalité ;37. Considérant que l'article 53 prévoit
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CONSTEXT000017667837_23
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CONSTEXT000017667837
| 23 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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le temps scolaire des établissements situés sur le territoire de la collectivité territoriale concernée et d'elle seule, est contraire au principe d'égalité ;37. Considérant que l'article 53 prévoit l'insertion dans le temps scolaire de l'enseignement de la langue et de la culture corses ; que cet enseignement n'est pas contraire au principe d'égalité dès lors qu'il ne revêt pas un caractère obligatoire ; qu'il n'a pas davantage pour objet de soustraire les élèves scolarisés dans les établissements de la collectivité territoriale de Corse aux droits et obligations applicables à l'ensemble des usagers des établissements qui assurent le service public de l'enseignement ou sont associés à celui-ci ; que, par suite, le fait pour le législateur d'autoriser la collectivité territoriale de Corse à promouvoir l'enseignement de la langue et de la culture corses, ne saurait être regardé comme portant atteinte à aucun principe de valeur constitutionnelle ;En ce qui concerne l'article 85 relatif à la refonte des listes électorales :38. Considérant que l'article 85 de la loi comporte quatre alinéas ; que le premier alinéa énonce qu'il sera procédé dans chaque commune de Corse à la refonte complète de la liste électorale avant la première élection de l'Assemblée de Corse et prescrit que pour être inscrit sur cette liste les électeurs remplissant les conditions prévues aux articles L. 11 à L. 14 du code électoral devront présenter leur demande entre la date de publication de la présente
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Loi portant statut de la collectivité territoriale de Corse
le temps scolaire des établissements situés sur le territoire de la collectivité territoriale concernée et d'elle seule, est contraire au principe d'égalité ;37. Considérant que l'article 53 prévoit l'insertion dans le temps scolaire de l'enseignement de la langue et de la culture corses ; que cet enseignement n'est pas contraire au principe d'égalité dès lors qu'il ne revêt pas un caractère obligatoire ; qu'il n'a pas davantage pour objet de soustraire les élèves scolarisés dans les établissements de la collectivité territoriale de Corse aux droits et obligations applicables à l'ensemble des usagers des établissements qui assurent le service public de l'enseignement ou sont associés à celui-ci ; que, par suite, le fait pour le législateur d'autoriser la collectivité territoriale de Corse à promouvoir l'enseignement de la langue et de la culture corses, ne saurait être regardé comme portant atteinte à aucun principe de valeur constitutionnelle ;En ce qui concerne l'article 85 relatif à la refonte des listes électorales :38. Considérant que l'article 85 de la loi comporte quatre alinéas ; que le premier alinéa énonce qu'il sera procédé dans chaque commune de Corse à la refonte complète de la liste électorale avant la première élection de l'Assemblée de Corse et prescrit que pour être inscrit sur cette liste les électeurs remplissant les conditions prévues aux articles L. 11 à L. 14 du code électoral devront présenter leur demande entre la date de publication de la présente
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CONSTEXT000017667837_24
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CONSTEXT000017667837
| 24 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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être inscrit sur cette liste les électeurs remplissant les conditions prévues aux articles L. 11 à L. 14 du code électoral devront présenter leur demande entre la date de publication de la présente loi et le 31 décembre 1991 ; que le deuxième alinéa de l'article 85 rend applicables à ces opérations celles des dispositions du code électoral régissant l'établissement et la révision des listes électorales ; qu'il précise, en outre, que la liste se substitue à la liste précédente le 1er mars 1992 ; que les troisième et quatrième alinéas de l'article 85 prévoient que les opérations de refonte sont contrôlées par une commission composée paritairement de membres du Conseil d'État et de magistrats de l'ordre judiciaire ;39. Considérant que les auteurs des première et troisième saisines font valoir que la limitation de la refonte des listes électorales aux seules communes de Corse est contraire au principe d'égalité des citoyens devant la loi ; que les auteurs de la première saisine ajoutent que la mise en oeuvre des dispositions de l'article 85 peut conduire à priver momentanément un citoyen du droit de vote ;Quant au moyen tiré de la violation du principe d'égalité :40. Considérant que le principe constitutionnel d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport avec
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Loi portant statut de la collectivité territoriale de Corse
être inscrit sur cette liste les électeurs remplissant les conditions prévues aux articles L. 11 à L. 14 du code électoral devront présenter leur demande entre la date de publication de la présente loi et le 31 décembre 1991 ; que le deuxième alinéa de l'article 85 rend applicables à ces opérations celles des dispositions du code électoral régissant l'établissement et la révision des listes électorales ; qu'il précise, en outre, que la liste se substitue à la liste précédente le 1er mars 1992 ; que les troisième et quatrième alinéas de l'article 85 prévoient que les opérations de refonte sont contrôlées par une commission composée paritairement de membres du Conseil d'État et de magistrats de l'ordre judiciaire ;39. Considérant que les auteurs des première et troisième saisines font valoir que la limitation de la refonte des listes électorales aux seules communes de Corse est contraire au principe d'égalité des citoyens devant la loi ; que les auteurs de la première saisine ajoutent que la mise en oeuvre des dispositions de l'article 85 peut conduire à priver momentanément un citoyen du droit de vote ;Quant au moyen tiré de la violation du principe d'égalité :40. Considérant que le principe constitutionnel d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport avec
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CONSTEXT000017667837_25
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CONSTEXT000017667837
| 25 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport avec l'objet de la loi qui l'établit ;41. Considérant que la législation électorale ne confère pas aux citoyens une totale liberté de choix de leur lieu d'inscription sur les listes électorales ; que, sous réserve des dispositions régissant la situation particulière des Français établis hors de France, des militaires et des mariniers, l'inscription sur les listes d'une commune est subordonnée, soit à une condition de domicile réel ou légal ou encore de résidence, soit à la circonstance que les intéressés figurent pour la cinquième fois sans interruption au rôle d'une des contributions directes communales ; que, conformément au principe constitutionnel de l'égalité du suffrage, l'article L. 10 du code électoral énonce que "nul ne peut être inscrit sur plusieurs listes électorales" ;42. Considérant que la situation des listes électorales des communes de Corse, telle qu'elle ressort des informations fournies lors des débats parlementaires, présente des particularités qui autorisent le législateur, dans le cadre de la réorganisation administrative de la Corse, à arrêter des modalités spécifiques de refonte des listes électorales, sans méconnaître le principe d'égalité devant la loi ;Quant au moyen tiré de la privation du droit de suffrage :43. Considérant que la refonte des listes
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Loi portant statut de la collectivité territoriale de Corse
des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport avec l'objet de la loi qui l'établit ;41. Considérant que la législation électorale ne confère pas aux citoyens une totale liberté de choix de leur lieu d'inscription sur les listes électorales ; que, sous réserve des dispositions régissant la situation particulière des Français établis hors de France, des militaires et des mariniers, l'inscription sur les listes d'une commune est subordonnée, soit à une condition de domicile réel ou légal ou encore de résidence, soit à la circonstance que les intéressés figurent pour la cinquième fois sans interruption au rôle d'une des contributions directes communales ; que, conformément au principe constitutionnel de l'égalité du suffrage, l'article L. 10 du code électoral énonce que "nul ne peut être inscrit sur plusieurs listes électorales" ;42. Considérant que la situation des listes électorales des communes de Corse, telle qu'elle ressort des informations fournies lors des débats parlementaires, présente des particularités qui autorisent le législateur, dans le cadre de la réorganisation administrative de la Corse, à arrêter des modalités spécifiques de refonte des listes électorales, sans méconnaître le principe d'égalité devant la loi ;Quant au moyen tiré de la privation du droit de suffrage :43. Considérant que la refonte des listes
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CONSTEXT000017667837_26
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CONSTEXT000017667837
| 26 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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de refonte des listes électorales, sans méconnaître le principe d'égalité devant la loi ;Quant au moyen tiré de la privation du droit de suffrage :43. Considérant que la refonte des listes électorales des communes des départements de Corse ne produira son plein effet qu'à compter du 1er mars 1992 ; qu'indépendamment de cette refonte il sera procédé dans les autres communes françaises à la révision annuelle des listes électorales ; que, dans le cadre de cette révision, il est loisible aux personnes qui ne satisfont pas dans les communes des départements de Corse aux conditions posées par les articles L. 11 à L. 14 du code électoral de solliciter leur inscription sur les listes d'une autre commune ; qu'il suit de là que si l'article 85 de la loi est susceptible d'affecter le lieu d'exercice du droit de vote il n'affecte pas cet exercice lui-même ;44. Considérant qu'il résulte de ce qui précède que les moyens dirigés contre l'article 85 de la loi ne peuvent être accueillis ;- SUR L'ARTICLE 26 DE LA LOI RELATIF A LA CONSULTATION DE L'ASSEMBLEE DE CORSE, A LA DEVOLUTION A SON PROFIT D'UN POUVOIR DE PROPOSITION ET A LA CREATION D'UNE PROCEDURE D'INJONCTION :45. Considérant que d'après le premier alinéa de l'article 26, "l'Assemblée de Corse est consultée sur les projets de loi ou de décret comportant des dispositions spécifiques à la Corse." ; qu'aux termes du deuxième alinéa "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des
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Loi portant statut de la collectivité territoriale de Corse
de refonte des listes électorales, sans méconnaître le principe d'égalité devant la loi ;Quant au moyen tiré de la privation du droit de suffrage :43. Considérant que la refonte des listes électorales des communes des départements de Corse ne produira son plein effet qu'à compter du 1er mars 1992 ; qu'indépendamment de cette refonte il sera procédé dans les autres communes françaises à la révision annuelle des listes électorales ; que, dans le cadre de cette révision, il est loisible aux personnes qui ne satisfont pas dans les communes des départements de Corse aux conditions posées par les articles L. 11 à L. 14 du code électoral de solliciter leur inscription sur les listes d'une autre commune ; qu'il suit de là que si l'article 85 de la loi est susceptible d'affecter le lieu d'exercice du droit de vote il n'affecte pas cet exercice lui-même ;44. Considérant qu'il résulte de ce qui précède que les moyens dirigés contre l'article 85 de la loi ne peuvent être accueillis ;- SUR L'ARTICLE 26 DE LA LOI RELATIF A LA CONSULTATION DE L'ASSEMBLEE DE CORSE, A LA DEVOLUTION A SON PROFIT D'UN POUVOIR DE PROPOSITION ET A LA CREATION D'UNE PROCEDURE D'INJONCTION :45. Considérant que d'après le premier alinéa de l'article 26, "l'Assemblée de Corse est consultée sur les projets de loi ou de décret comportant des dispositions spécifiques à la Corse." ; qu'aux termes du deuxième alinéa "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des
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CONSTEXT000017667837_27
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CONSTEXT000017667837
| 27 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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décret comportant des dispositions spécifiques à la Corse." ; qu'aux termes du deuxième alinéa "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des projets du Gouvernement et des avis de l'Assemblée de Corse" ; que le troisième alinéa fixe le délai imparti à l'Assemblée pour rendre son avis en distinguant selon qu'il y a ou non urgence ;46. Considérant que le quatrième alinéa de l'article 26 confère à l'Assemblée de Corse un pouvoir de proposition en matière législative et réglementaire dans les domaines touchant à l'organisation administrative de la Corse ou concernant son développement économique, social ou culturel ; qu'il est spécifié au cinquième alinéa que les propositions sont adressées au président du Conseil exécutif qui les transmet au Premier ministre ; que le sixième alinéa de l'article 26 dispose que "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des propositions adressées au Premier ministre" ; que le septième alinéa de l'article 26 énonce que "lorsque le Premier ministre est saisi dans les conditions fixées au cinquième alinéa, il accuse réception dans les quinze jours et fixe le délai dans lequel il apportera une réponse au fond avant le début de la session ordinaire suivante de l'Assemblée" ;47. Considérant que l'article 26 de la loi tend ainsi à prévoir la consultation de l'Assemblée de Corse sur certains textes, à lui attribuer un pouvoir de proposition
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Loi portant statut de la collectivité territoriale de Corse
décret comportant des dispositions spécifiques à la Corse." ; qu'aux termes du deuxième alinéa "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des projets du Gouvernement et des avis de l'Assemblée de Corse" ; que le troisième alinéa fixe le délai imparti à l'Assemblée pour rendre son avis en distinguant selon qu'il y a ou non urgence ;46. Considérant que le quatrième alinéa de l'article 26 confère à l'Assemblée de Corse un pouvoir de proposition en matière législative et réglementaire dans les domaines touchant à l'organisation administrative de la Corse ou concernant son développement économique, social ou culturel ; qu'il est spécifié au cinquième alinéa que les propositions sont adressées au président du Conseil exécutif qui les transmet au Premier ministre ; que le sixième alinéa de l'article 26 dispose que "les parlementaires élus dans les départements de Corse en sont informés et reçoivent communication des propositions adressées au Premier ministre" ; que le septième alinéa de l'article 26 énonce que "lorsque le Premier ministre est saisi dans les conditions fixées au cinquième alinéa, il accuse réception dans les quinze jours et fixe le délai dans lequel il apportera une réponse au fond avant le début de la session ordinaire suivante de l'Assemblée" ;47. Considérant que l'article 26 de la loi tend ainsi à prévoir la consultation de l'Assemblée de Corse sur certains textes, à lui attribuer un pouvoir de proposition
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CONSTEXT000017667837_28
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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suivante de l'Assemblée" ;47. Considérant que l'article 26 de la loi tend ainsi à prévoir la consultation de l'Assemblée de Corse sur certains textes, à lui attribuer un pouvoir de proposition au Premier ministre et à enjoindre à celui-ci d'y donner suite ; qu'il confère dans le cadre de ces procédures des prérogatives aux parlementaires élus dans les départements de Corse ;En ce qui concerne la dévolution à l'Assemblée de Corse d'un pouvoir de consultation en matière législative :48. Considérant que le fait de prévoir la consultation de l'Assemblée de Corse sur les projets de loi comportant des dispositions spécifiques à la Corse ne saurait avoir une quelconque incidence sur la régularité de la procédure législative laquelle relève de la Constitution et des lois organiques prises pour son application ; qu'ainsi la consultation prévue par l'alinéa 1er de l'article 26 de la loi ne saurait en rien limiter le droit d'initiative du Gouvernement en matière législative ;En ce qui concerne la dévolution à l'Assemblée de Corse d'un pouvoir de proposition et l'injonction faite au Premier ministre d'y donner suite :49. Considérant que les dispositions des quatrième et cinquième alinéas de l'article 26 de la loi, qui confèrent à l'Assemblée de Corse un pouvoir de proposition dans des domaines qui ne sont pas sans lien avec ses compétences, ne sont pas en elles-mêmes contraires à la Constitution ;50. Considérant toutefois que la Constitution attribue au Gouvernement, d'une part, et au
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Loi portant statut de la collectivité territoriale de Corse
suivante de l'Assemblée" ;47. Considérant que l'article 26 de la loi tend ainsi à prévoir la consultation de l'Assemblée de Corse sur certains textes, à lui attribuer un pouvoir de proposition au Premier ministre et à enjoindre à celui-ci d'y donner suite ; qu'il confère dans le cadre de ces procédures des prérogatives aux parlementaires élus dans les départements de Corse ;En ce qui concerne la dévolution à l'Assemblée de Corse d'un pouvoir de consultation en matière législative :48. Considérant que le fait de prévoir la consultation de l'Assemblée de Corse sur les projets de loi comportant des dispositions spécifiques à la Corse ne saurait avoir une quelconque incidence sur la régularité de la procédure législative laquelle relève de la Constitution et des lois organiques prises pour son application ; qu'ainsi la consultation prévue par l'alinéa 1er de l'article 26 de la loi ne saurait en rien limiter le droit d'initiative du Gouvernement en matière législative ;En ce qui concerne la dévolution à l'Assemblée de Corse d'un pouvoir de proposition et l'injonction faite au Premier ministre d'y donner suite :49. Considérant que les dispositions des quatrième et cinquième alinéas de l'article 26 de la loi, qui confèrent à l'Assemblée de Corse un pouvoir de proposition dans des domaines qui ne sont pas sans lien avec ses compétences, ne sont pas en elles-mêmes contraires à la Constitution ;50. Considérant toutefois que la Constitution attribue au Gouvernement, d'une part, et au
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CONSTEXT000017667837_29
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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qui ne sont pas sans lien avec ses compétences, ne sont pas en elles-mêmes contraires à la Constitution ;50. Considérant toutefois que la Constitution attribue au Gouvernement, d'une part, et au Parlement, d'autre part, des compétences qui leur sont propres ; que le législateur ne saurait, sans excéder la limite de ses pouvoirs, enjoindre au Premier ministre de donner une réponse dans un délai déterminé à une proposition de modification de la législation ou de la réglementation, émanant de l'organe délibérant d'une collectivité territoriale ;51. Considérant en conséquence que le septième alinéa de l'article 26 de la loi, qui fait obligation au Premier ministre de se justifier sur la suite à donner à une proposition de modification de la législation ou de la réglementation émanant de l'Assemblée de Corse, doit être déclaré contraire à la Constitution ;En ce qui concerne la situation des parlementaires élus dans les départements de Corse :52. Considérant qu'aux termes du premier alinéa de l'article 3 de la Constitution, "la souveraineté nationale appartient au peuple qui l'exerce par ses représentants et par la voie du référendum" ; que l'article 24 de la Constitution dispose, dans son premier alinéa, que le Parlement comprend l'Assemblée nationale et le Sénat, prescrit dans son deuxième alinéa que les députés sont élus au suffrage direct et énonce, en son troisième alinéa, que le Sénat est élu au suffrage indirect ; que, conformément au premier alinéa de l'article 27 de la
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Loi portant statut de la collectivité territoriale de Corse
qui ne sont pas sans lien avec ses compétences, ne sont pas en elles-mêmes contraires à la Constitution ;50. Considérant toutefois que la Constitution attribue au Gouvernement, d'une part, et au Parlement, d'autre part, des compétences qui leur sont propres ; que le législateur ne saurait, sans excéder la limite de ses pouvoirs, enjoindre au Premier ministre de donner une réponse dans un délai déterminé à une proposition de modification de la législation ou de la réglementation, émanant de l'organe délibérant d'une collectivité territoriale ;51. Considérant en conséquence que le septième alinéa de l'article 26 de la loi, qui fait obligation au Premier ministre de se justifier sur la suite à donner à une proposition de modification de la législation ou de la réglementation émanant de l'Assemblée de Corse, doit être déclaré contraire à la Constitution ;En ce qui concerne la situation des parlementaires élus dans les départements de Corse :52. Considérant qu'aux termes du premier alinéa de l'article 3 de la Constitution, "la souveraineté nationale appartient au peuple qui l'exerce par ses représentants et par la voie du référendum" ; que l'article 24 de la Constitution dispose, dans son premier alinéa, que le Parlement comprend l'Assemblée nationale et le Sénat, prescrit dans son deuxième alinéa que les députés sont élus au suffrage direct et énonce, en son troisième alinéa, que le Sénat est élu au suffrage indirect ; que, conformément au premier alinéa de l'article 27 de la
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CONSTEXT000017667837_30
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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deuxième alinéa que les députés sont élus au suffrage direct et énonce, en son troisième alinéa, que le Sénat est élu au suffrage indirect ; que, conformément au premier alinéa de l'article 27 de la Constitution, "tout mandat impératif est nul" ; que selon le premier alinéa de l'article 34 "la loi est votée par le Parlement" ;53. Considérant qu'il ressort de ces dispositions que les membres du Parlement ont la qualité de représentants du peuple ; qu'à ce titre ils sont appelés à voter la loi dans les conditions fixées par la Constitution et les dispositions ayant valeur de loi organique prises pour son application ; qu'en conséquence, il n'appartient pas au législateur de faire bénéficier certains parlementaires, en raison de leur élection dans une circonscription déterminée, de prérogatives particulières dans le cadre de la procédure d'élaboration de la loi ;54. Considérant que ces exigences constitutionnelles sont méconnues par les dispositions des alinéas 2 et 6 de l'article 26 de la loi en ce qu'elles organisent au profit des parlementaires élus dans les départements de Corse une information particulière concernant les projets de loi soumis pour avis à l'Assemblée de Corse ainsi que les propositions de modification de la législation émanant de cette Assemblée ;55. Considérant par suite qu'il y a lieu pour le Conseil constitutionnel de déclarer contraires à la Constitution tant l'alinéa 2 que l'alinéa 6 de l'article 26 de la loi soumise à son examen ;- SUR L'ARTICLE 78 DE
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Loi portant statut de la collectivité territoriale de Corse
deuxième alinéa que les députés sont élus au suffrage direct et énonce, en son troisième alinéa, que le Sénat est élu au suffrage indirect ; que, conformément au premier alinéa de l'article 27 de la Constitution, "tout mandat impératif est nul" ; que selon le premier alinéa de l'article 34 "la loi est votée par le Parlement" ;53. Considérant qu'il ressort de ces dispositions que les membres du Parlement ont la qualité de représentants du peuple ; qu'à ce titre ils sont appelés à voter la loi dans les conditions fixées par la Constitution et les dispositions ayant valeur de loi organique prises pour son application ; qu'en conséquence, il n'appartient pas au législateur de faire bénéficier certains parlementaires, en raison de leur élection dans une circonscription déterminée, de prérogatives particulières dans le cadre de la procédure d'élaboration de la loi ;54. Considérant que ces exigences constitutionnelles sont méconnues par les dispositions des alinéas 2 et 6 de l'article 26 de la loi en ce qu'elles organisent au profit des parlementaires élus dans les départements de Corse une information particulière concernant les projets de loi soumis pour avis à l'Assemblée de Corse ainsi que les propositions de modification de la législation émanant de cette Assemblée ;55. Considérant par suite qu'il y a lieu pour le Conseil constitutionnel de déclarer contraires à la Constitution tant l'alinéa 2 que l'alinéa 6 de l'article 26 de la loi soumise à son examen ;- SUR L'ARTICLE 78 DE
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CONSTEXT000017667837_31
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CONSTEXT000017667837
| 31 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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par suite qu'il y a lieu pour le Conseil constitutionnel de déclarer contraires à la Constitution tant l'alinéa 2 que l'alinéa 6 de l'article 26 de la loi soumise à son examen ;- SUR L'ARTICLE 78 DE LA LOI RELATIF AUX RESSOURCES DE LA COLLECTIVITE TERRITORIALE DE CORSE ET A LA COMPENSATION DES CHARGES FINANCIERES RESULTANT DES COMPETENCES QUI LUI SONT TRANSFEREES :56. Considérant que l'article 78 de la loi détermine, dans son paragraphe I, les ressources de la collectivité territoriale de Corse et précise, dans un paragraphe II, la manière dont sont compensées les charges financières résultant pour cette collectivité territoriale des compétences qui lui sont transférées en application de la loi ; qu'il est spécifié que les charges sont compensées par "le transfert d'impôts d'État" et par l'attribution de ressources budgétaires ; qu'aux termes du paragraphe III "il est créé sur un chapitre unique du budget de l'État une dotation générale de décentralisation de la collectivité territoriale de Corse qui regroupe les ressources budgétaires mentionnées aux I et II du présent article ; elle comprend en outre la dotation prévue au V du présent article, ainsi que les crédits visés au deuxième alinéa de l'article 68" ; que, de ce dernier chef, sont visés les crédits de subvention versés par l'État à l'office du développement agricole et rural de la Corse et à l'office d'équipement hydraulique de la Corse ; que le paragraphe IV de l'article 78 a trait à la compensation des charges
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Loi portant statut de la collectivité territoriale de Corse
par suite qu'il y a lieu pour le Conseil constitutionnel de déclarer contraires à la Constitution tant l'alinéa 2 que l'alinéa 6 de l'article 26 de la loi soumise à son examen ;- SUR L'ARTICLE 78 DE LA LOI RELATIF AUX RESSOURCES DE LA COLLECTIVITE TERRITORIALE DE CORSE ET A LA COMPENSATION DES CHARGES FINANCIERES RESULTANT DES COMPETENCES QUI LUI SONT TRANSFEREES :56. Considérant que l'article 78 de la loi détermine, dans son paragraphe I, les ressources de la collectivité territoriale de Corse et précise, dans un paragraphe II, la manière dont sont compensées les charges financières résultant pour cette collectivité territoriale des compétences qui lui sont transférées en application de la loi ; qu'il est spécifié que les charges sont compensées par "le transfert d'impôts d'État" et par l'attribution de ressources budgétaires ; qu'aux termes du paragraphe III "il est créé sur un chapitre unique du budget de l'État une dotation générale de décentralisation de la collectivité territoriale de Corse qui regroupe les ressources budgétaires mentionnées aux I et II du présent article ; elle comprend en outre la dotation prévue au V du présent article, ainsi que les crédits visés au deuxième alinéa de l'article 68" ; que, de ce dernier chef, sont visés les crédits de subvention versés par l'État à l'office du développement agricole et rural de la Corse et à l'office d'équipement hydraulique de la Corse ; que le paragraphe IV de l'article 78 a trait à la compensation des charges
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CONSTEXT000017667837_32
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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par l'État à l'office du développement agricole et rural de la Corse et à l'office d'équipement hydraulique de la Corse ; que le paragraphe IV de l'article 78 a trait à la compensation des charges résultant pour la collectivité territoriale de l'exercice de ses compétences en matière de formation professionnelle ; que le paragraphe V institue une "dotation de continuité territoriale" au sein de la dotation générale de décentralisation de la collectivité territoriale de Corse ; que, selon le paragraphe VI, "un document, publié chaque année en annexe au projet de loi de finances, retrace l'évolution du montant des ressources spécifiques attribuées à la collectivité territoriale de Corse. Ce document précise en outre le montant prévu, au titre de la dotation mentionnée au III, pour la compensation de chacune des charges transférées à la collectivité territoriale de Corse" ;57. Considérant qu'en vertu du cinquième alinéa de l'article 34 de la Constitution "les lois de finances déterminent les ressources et les charges de l'État dans les conditions et sous les réserves prévues par une loi organique" ; que le premier alinéa de l'article 47 de la Constitution dispose que "le Parlement vote les projets de loi de finances dans les conditions prévues par une loi organique" ;58. Considérant que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions
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Loi portant statut de la collectivité territoriale de Corse
par l'État à l'office du développement agricole et rural de la Corse et à l'office d'équipement hydraulique de la Corse ; que le paragraphe IV de l'article 78 a trait à la compensation des charges résultant pour la collectivité territoriale de l'exercice de ses compétences en matière de formation professionnelle ; que le paragraphe V institue une "dotation de continuité territoriale" au sein de la dotation générale de décentralisation de la collectivité territoriale de Corse ; que, selon le paragraphe VI, "un document, publié chaque année en annexe au projet de loi de finances, retrace l'évolution du montant des ressources spécifiques attribuées à la collectivité territoriale de Corse. Ce document précise en outre le montant prévu, au titre de la dotation mentionnée au III, pour la compensation de chacune des charges transférées à la collectivité territoriale de Corse" ;57. Considérant qu'en vertu du cinquième alinéa de l'article 34 de la Constitution "les lois de finances déterminent les ressources et les charges de l'État dans les conditions et sous les réserves prévues par une loi organique" ; que le premier alinéa de l'article 47 de la Constitution dispose que "le Parlement vote les projets de loi de finances dans les conditions prévues par une loi organique" ;58. Considérant que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions
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CONSTEXT000017667837_33
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CONSTEXT000017667837
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DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions législatives destinées à organiser l'information et le contrôle du Parlement sur la gestion des finances publiques" ; que ces exigences sont méconnues par les dispositions précitées des paragraphes III et VI de l'article 78 de la loi déférée qui fixent des règles ayant pour objet d'organiser l'information du Parlement sur la gestion des finances publiques ;59. Considérant dès lors que les paragraphes III et VI de l'article 78 de la loi, qui empiètent sur le domaine exclusif d'intervention des lois de finances, doivent être déclarés contraires à la Constitution ;
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Loi portant statut de la collectivité territoriale de Corse
que l'ordonnance n° 59-2 du 2 janvier 1959 portant loi organique relative aux lois de finances réserve, dans son article 1er, alinéa 2, à un texte de loi de finances l'édiction des "dispositions législatives destinées à organiser l'information et le contrôle du Parlement sur la gestion des finances publiques" ; que ces exigences sont méconnues par les dispositions précitées des paragraphes III et VI de l'article 78 de la loi déférée qui fixent des règles ayant pour objet d'organiser l'information du Parlement sur la gestion des finances publiques ;59. Considérant dès lors que les paragraphes III et VI de l'article 78 de la loi, qui empiètent sur le domaine exclusif d'intervention des lois de finances, doivent être déclarés contraires à la Constitution ;
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CONSTEXT000017667837_34
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CONSTEXT000017667837
| 34 |
DC
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Non conformité partielle
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Loi portant statut de la collectivité territoriale de Corse
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91-290
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1991-05-09
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Décide :Article premier :Ne sont pas conformes à la Constitution les dispositions suivantes de la loi portant statut de la collectivité territoriale de Corse :l'article 1er ;dans le texte de l'article 7, l'article L 369 bis ajouté au code électoral ;dans le texte de l'article 26, les alinéas 2, 6 et 7 ;dans le texte de l'article 78, les paragraphes III et VI.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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Loi portant statut de la collectivité territoriale de Corse
Décide :Article premier :Ne sont pas conformes à la Constitution les dispositions suivantes de la loi portant statut de la collectivité territoriale de Corse :l'article 1er ;dans le texte de l'article 7, l'article L 369 bis ajouté au code électoral ;dans le texte de l'article 26, les alinéas 2, 6 et 7 ;dans le texte de l'article 78, les paragraphes III et VI.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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