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Larik, J.E. (2017)

Prêt-à-ratifier: the CETA Decision of the French Conseil constitutionnel of 31 July 2017

Annotation
This case note analyses the French Conseil constitutionnel's CETA decision of 31 July 2017 (ECLI:FR:CC:2017:2017.749.DC). The Conseil was the first national court to reach a substantive judgment on whether CETA was compatible with an EU Member State’s constitution, concluding that there was nothing in CETA that was at odds with French constitutional law. Given that CETA will also be subject to ex ante review at the European Court of Justice requested by Belgium, the Conseil constitutionnel’s decision is another milestone in the judicial saga surrounding CETA, but not the end of the road. The note argues that the Conseil employed a dynamic and cooperative interpretation of sovereignty and showed a strong attitude of deference both to France’s political branches and to the EU in terms of international treaty-making. There are, however, some aspects where the decision would have benefited from greater clarity. Nonetheless, instead of undermining France’s constitutional order, the...Show moreThis case note analyses the French Conseil constitutionnel's CETA decision of 31 July 2017 (ECLI:FR:CC:2017:2017.749.DC). The Conseil was the first national court to reach a substantive judgment on whether CETA was compatible with an EU Member State’s constitution, concluding that there was nothing in CETA that was at odds with French constitutional law. Given that CETA will also be subject to ex ante review at the European Court of Justice requested by Belgium, the Conseil constitutionnel’s decision is another milestone in the judicial saga surrounding CETA, but not the end of the road. The note argues that the Conseil employed a dynamic and cooperative interpretation of sovereignty and showed a strong attitude of deference both to France’s political branches and to the EU in terms of international treaty-making. There are, however, some aspects where the decision would have benefited from greater clarity. Nonetheless, instead of undermining France’s constitutional order, the Conseil confirmed the fundamental commitment of France to European integration and international cooperation. More particularly, it refrained from unduly interfering with the ability of the EU and its Member States to continue operating as a collective international actor.Show less
International agreements
CETA
FTAs
constitutionality
French law
EU law
international law
sovereignty
All authors
Larik, J.E.
Date
2017-12-04
Journal
European Constitutional Law Review
Volume
13
Issue
4
Pages
759 - 777
Advanced Publication
Yes
DOI
doi:10.1017/S1574019617000335
Link
https://www.cambridge.org/core/journals/european-constitutional-law-revi...

Juridical information

Court
Conseil constitutionnel 31 July 2017, Décision n° 2017-749 DC, Accord économique et commercial global entre le Canada, d’une part, et l ’Union européenne et ses États membres, d 'autre part, ECLI:FR:CC:2017:2017.749.DC
Decision date
2018-07-31
Case number
2017-749 DC
ECLI reference
ECLI:FR:CC:2017:2017.749.DC