Constitutional litigation (QPC)

Protecting the integrity of fundamental rights and freedoms

Constitutional litigation plays a central role in the protection of fundamental rights and freedoms and the balance of the legal system. In France, the Question Prioritaire de Constitutionnalité (QPC) is a powerful tool enabling any litigant to challenge the conformity of a law (or legislative provision) with the rights and freedoms guaranteed by the Constitution.

Thanks to her in-depth expertise in constitutional litigation (QPC) and the protection of fundamental rights and freedoms, acquired through her specialization at the Conseil constitutionnel, Maître Marie Monnet raises and defends strategic QPC cases in numerous branches of law.

The firm supports litigants that law firms dans l'élaboration et la défense d'une QPC, depuis son introduction devant les juridictions du fond jusqu’à son examen par le Conseil constitutionnel, où Maître Monnet plaide en defending the fundamental rights and freedoms guaranteed by the Constitution.

Constitutional law and QPC in Paris - Specialized lawyer

The QPC, a key litigation for the defense of rights

The Priority Question of Constitutionality makes it possible to :

Challenging an existing law (legislative provision) if it infringes fundamental rights and freedoms.
Obtain its repeal if it is declared contrary to the Constitution.
Develop constitutional jurisprudence, adapting the law to contemporary realities.

The firm is involved in all litigation proceedings where a QPC may be raised, depending on the constitutional issues at stake.

Areas of intervention

The firm's expertise in the Priority Question of Constitutionality (QPC) covers a broad spectrum of matters in which a QPC may be relevant:

Fundamental rights and freedoms

Protection of human rights, individual and collective freedoms, equality before the law.

Criminal law and procedure

Respect for the principle of legality of offenses and penalties, procedural guarantees, requirement for proportionality of penalties.

Business law and economic regulation

Freedom of enterprise, equality before public burdens, compliance of economic regulations with constitutional principles.

Foreign nationals and nationality law

Litigation concerning residence permits, asylum, naturalization, judicial review of administrative decisions.

Employment law and professional freedoms

Protection of workers, equality of employment, respect for the principles of dignity and freedom of exercise of professions.

Any litigation procedure can potentially give rise to a QPC, particularly in tax matters, competition law or sectoral regulations affecting fundamental rights and freedoms.

A rigorous, strategic approach

The success of a QPC depends on :

Identifying the relevant constitutional foundations, by analyzing the challenged law in terms of the constitutionality block.
The development of a rigorous argumentation, based on the jurisprudence of the Conseil constitutionnel.
Defending the admissibility and stakes of the QPC, so that it can be forwarded by the lower courts to the Conseil d'État or the Cour de cassation, and then examined by the Conseil constitutionnel.

A dispute with major implications

The impact of a successful QPC goes beyond the individual case:

It repeals an unconstitutional law (legislative provision), thus affecting all cases where this law could have been applied.
It influences the courts' interpretation of the law, reinforcing certain constitutional guarantees.
It brings lasting changes to the legal environment of an economic sector or a category of litigants.

Need help with a QPC?

QPC, a strategic lever in all types of litigation

The Question Prioritaire de Constitutionnalité (QPC) is an essential tool for guaranteeing respect for fundamental rights and freedoms. Each situation - whether individual, corporate or institutional - requires a rigorous analysis of the admissibility and relevance of this legal remedy.

A specialist in constitutional litigation (QPC) and the protection of fundamental rights, Marie Monnet is involved at every stage of the procedure, from the introduction of QPCs before the courts to their examination by the Conseil constitutionnel, where she argues in defense of the freedoms guaranteed by the Constitution.

The firm assists both individuals and law firms, which can delegate to it the management and defense of strategic QPC cases in various branches of law. The firm's expertise enables it to accurately assess the appropriateness of a QPC andoptimize the chances of success before the highest courts.