Conseil d'État, 1ère et 6ème sous-sections réunies, 14/04/2010, 336753, Publié au recueil Lebon
Counsel: | SCP LYON-CAEN, FABIANI, THIRIEZ |
Court: | Conseil d'Etat (France) |
Judgement Number: | 336753 |
Presiding Judge: | M. Martin |
Record Number: | CETATEXT000022134405 |
Writing for the Court: | M. Jean Lessi |
Vu les autres pièces du dossier ;
Vu la Déclaration des droits de l'homme et du citoyen du 26 août 1789, notamment ses articles 6 et 16 ;
Vu la Constitution, notamment son Préambule et son article 61-1 ;
Vu l'ordonnance n° 58-1067 du 7 novembre 1958 ;
Vu la loi n° 59-1454 du 26 décembre 1959 ;
Vu la loi n° 81-734 du 3 août 1981 ;
Vu la loi n° 2002-1576 du 30 décembre 2002 ;
Vu la loi n° 2006-1666 du 21 décembre 2006 ;
Vu le code de justice administrative ;
Après avoir entendu en séance publique :
- le rapport de M. Jean Lessi, Auditeur,
- les observations de la SCP Lyon-Caen, Fabiani, Thiriez, avocat de Mme Khedidja A et M. Mokhtar A,
- les conclusions de Mlle Anne Courrèges, rapporteur public ;
La parole ayant été à nouveau donnée à la SCP Lyon-Caen, Fabiani, Thiriez, avocat de Mme Khedidja A et M. Mokhtar A ;
Considérant qu'aux termes du premier alinéa de l'article 23-5 de l'ordonnance du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel : " Le moyen tiré de ce qu'une disposition législative porte atteinte aux droits et libertés garantis par la Constitution peut être soulevé, y compris pour la première fois en cassation, à l'occasion d'une instance devant le Conseil d'Etat (...) " ; qu'il résulte des dispositions de ce même article que le Conseil constitutionnel est saisi de la question prioritaire de constitutionnalité à la triple condition que la disposition contestée soit applicable au...
Pour continuer la lecture
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