Block of conventionnality

The block of conventionality (also sometimes called block of supralegality ) is the whole of the legal provisions which come from the treated S and the Convention S contracted between State S, or the States and the organization international. By extension, also the Droit of the European Union appears there.

In French Right contemporary, these standards are higher than the ordinary or organic laws. Nevertheless, if an international engagement is, according to the French Constitutional council, opposite with the Bloc of constitutionality, the Constitution of 1958 will have to be modified.

Elements

This block includes/understands 3 types of standards:

of the standards resulting from the international law (treated and international agreements), of which, particularly, the European Convention of the human rights;
of the standards of the originating European Union

Community legislation, with the treated European Union
right communaitaire derived from these treaties, with the payments and the directives.

The doctrines and the Community Jurisprudence are also divided on the question of the general Principes of the Community legislation, released by the Court of justice of the European Communities, which can belong to this block of conventionnality, as well as the written rules.

Hierarchy

The block of conventionnality is located in lower part of the Bloc of constitutionality and above the Bloc of legality.

The principle of primacy of the international law and Community makes that these derived standards are essential and require sometimes a modification of the Constitution in order to ensure the conformity of this one. Any standard of the lower blocks (ex: ordinary Loi) must conform to it under penalty of nullity.

Notes and references of the article

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