Abstract:
This paper launches a series intended to analyze filters to access constitutional courts`s jurisdictions in some democracies. It specifically analyses the priority incident of constitutionality (question prioritaire de constitutionnalité – QPC) and the filters to access French Constitutional Council. Thus, it deals with the normative system and the praxis related to this procedural instrument introduced into french juciail review system in 2008, marked by then, by the character a priori, i.e., legislation only could be controlled by Constitutional Council until its adoption by Parliament. The priority incident of constitutionality introduces a posteriori judicial review in France, i.e., judicial review concerning already edited legislation. For the Constitutional Council to be effectively provoked to pronounce, it is necessary to overcome access filters on two levels: the first, carried out by the judge of the case; the second, by one of the Supreme Courts (Council of State or Court of Cassation).
Keywords:
priority constitutional incident; French Constitutional Council; judicial review; filter