A priori and a posteriori control: French modification

Abstract

The article investigates two types of constitutional control: preliminary (a priori) and subsequent (a posteriori). Given certain peculiarities of constitutional proceedings in France, particularly the 2008 judicial reform that introduced a posteriori control in the form of priority question of constitutionality (QPC), the relevance of the research topic is beyond doubt. The implementation of preliminary control by the Constitutional Council was provided for in the 1958 French Constitution, thus the article examines the procedure for its implementation. Simultaneously, differences are sought between a priori and a posteriori control, which the French judicial system has recently received, which is the purpose of this article. It was found that only subsequent control guarantees standards concerning the territorial structure of the state, its unitary and decentralized nature, as well as ways of consulting voters in case of changing territorial community boundaries. However, several issues, such as the Powers of the President of the Republic, the principle of annual budget, or verification of financial laws cannot be subject to QPC. It is concluded that the differences between a priori and a posteriori types of constitutional control lie in their purpose and methods of referral. The advantages of subsequent control are identified and its positive impact on the legal order of the French Republic as a whole is emphasized.