Basic principles recognized by the laws of the Republic

The Basic principles recognized by the laws of the Republic (PFRLR) are, in France, of the principles of constitutional value worked out by the French Constitutional council and the Council of State.

This concept is stated without more precision in the preamble of the Constitution of 1946. The preamble to the Constitution of 1958 refers to this preamble to 1946 and the constitutional judge in his decision (cd. of July 16th, 1971) gives constitutional force to this preamble. The PFRLR are thus principles included in the “Bloc of constitutionality”. From there come from broad criticisms: at the time the Council was shown of " government of the juges" , thus taking the place of the component while inserting in the constitutional field of the texts which would have been voluntarily put aside during the development of the Constitution of the fifth Republic. The partisans of this thesis are based on the explanations provided by Michel Debré, Minister of Justice of the time, with the beginning of the year 1959.

Birth

The concept of basic principles recognized by the laws of the Republic appeared in the finance law of March 31st, 1931 (article 91) to characterize the freedom of teaching. This concept was taken again by deputies MRP during the development of the Constitution of the fourth Republic in the aim of protection constitutionally this freedom, obtained under the third Republic, of the majority communist deputies to the Parliament.

Today, the Basic principles Recognized by the Laws of the Republics indicate in the spirit of the contemporaries the great Laws of the first, second and third Republics, in particular the freedom of conscience, association.

The constitutionalization of the principles

The extensive design of the constitutional text that the French Constitutional council developed as from 1971 made it possible to recognize a constitutional value with certain principles in their allotting the quality of basic principles recognized by the laws of republic (PFRLR). These essential principles of the right French, created by the legislator but not written in the constitution and set up with the row of constitutional standard, like, for example, the principle of the independence of the administrative jurisdiction or that of the right of association, are binding then to the legislator as with the administration.

It is mainly the constitutional judge who defines the PFRLR. The constitutional council meets four conditions before recognizing a PFRLR:

a legislative text former to 1946 of general interest stating the principle
a text of republican nature (what excludes the legislative productions from Vichy, the Empires and Monarchies). An exception exists however concerning the PFRLR released in the decision of January 23rd, 1987 " The Council of the concurrence" who is based on the laws of the August 16th and 24th 1790.
an application continues of this text.
that the principle is general and noncontingent

Devoted principles

The constitutional council identified 10 devoted principles:

right of association, on the basis of the law of the 1 {{er}} July 1901, Decision n° 71-44 cd. of July 16th, 1971, " freedom of association"
rights of defense, Decision n° 76-70 cd. of December 2nd, 1976, " prevention of the accidents of the travail"
individual freedom, Decision n° 76-75 cd. of January 12th, 1977, " excavate véhicules"
the freedom of teaching, on the basis of article 91 of the finance law of March 31st, 1931, Decision n° 77-87 cd. of November 23rd, 1977, " freedom of teaching and conscience"

and in particular the freedom of higher education, on the basis of law of July 12th, 1875 and March 18th, 1880, Decision n° 99-414 cd. of July 8th, 1999, " law of orientation agricole"

freedom of conscience, Decision n° 77-87 cd. of November 23rd, 1977, " freedom of teaching and conscience"
the independence of the administrative jurisdiction, on the basis of law of May 24th, 1872, Decision n° 80-119 cd. of July 22nd, 1980, " validation of acts administratifs"
the independence of the professors of university, Decision n° 83-165 cd. of January 20th, 1984, " freedoms universitaires"
the exclusive competence of the administrative jurisdiction for the cancellation or the reformation of the decisions taken in the exercise of the prerogatives of public power, Decision n° 86-224 cd. of January 23rd, 1987, " The Council of the concurrence"
the legal authority guardian of the real private property, Decision n° 89-256 cd. of July 25th, 1989, " town planning and agglomerations nouvelles"
the existence of a criminal justice of the minors, on the basis of law of April 12th, 1906 on the penal majority of the minors and of July 22nd, 1912 on the juvenile courts and of the ordinance of February 2nd, 1945 on delinquent childhood, Decision n° 2002-461 cd. of August 29th, 2002, " law of orientation and programming of the justice"

Moreover, the Council of State set up in 1996 the prohibition of the extradition of in theory fundamental political character recognized by the laws of the republic. (EC, ESA, July 3rd, 1996, Mr. Koné)

Foot-note : it is advisable to distinguish the PFRLR from the other principles retained by the constitutional council:

the principles with value constitutional, which are general Principes of the right, high with the constitutional value;
objectives with constitutional value.

See too

Fundamental freedoms

External bonds

Constitutional council