Assisted dying, social media and agriculture put France’s top court in spotlight

The nine-member body – which rules on whether laws and certain regulations comply with the French Constitution – routinely deals with a heavy workload before the end of August. But several of this year's cases touch on some of the most sensitive political issues of President Emmanuel Macron's second term.

The Constitutional Council is finding itself increasingly drawn into political battles over legislation passed by a fragmented parliament, in which successive governments have struggled to build stable majorities.

Among the most closely observed cases is the law creating a right to assisted dying – a major social reform that has been years in the making and has prompted five separate referrals to the Council.

Opponents have challenged several aspects of the legislation, including the two-day reflection period after which a patient can confirm a request for assisted dying, which they argue is too short.

Another point of contention is whether a conscience clause should be extended beyond individual healthcare workers to entire institutions.

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Political pressure

The assisted-dying debate has put unusually direct pressure on the Council itself.

Bruno Retailleau, leader of the conservative Les Républicains (LR) party and a strong opponent of the measure, has called on several Council members to recuse themselves because of positions they have held in the past.

Council president Richard Ferrand rejected suggestions that such considerations would influence its work.

“Our decisions are never political. They are always legal,” he told the newspaper Ouest France, adding that members arrive at the Council “stripped of our partisan affiliations”.

Another major ruling concerns France's ban on social media for children under 15, which has been challenged by the left on freedom of expression grounds.

Ferrand has stressed that freedom of expression is not absolute and that lawmakers can impose restrictions, provided they are proportionate.

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Growing reliance

Agricultural legislation will provide another test for the Council.

Last year, it struck down an attempt to reintroduce certain neonicotinoid pesticides, ruling that the measure lacked sufficient safeguards.

MPs have returned with a new version under the emergency agriculture law, limiting both the sectors concerned and the duration of any exemption.

But this could still fall foul of another constitutional rule if judges decide it is a legislative “rider” – a provision insufficiently connected to the original purpose of a bill.

That same argument was used earlier this year to strike down the proposed abolition of Low-Emission Zones, prompting accusations from the far-right National Rally and LR politicians that the Council was frustrating democratic choices.

The problem has been compounded by increasingly large bills and a proliferation of parliamentary amendments. Ferrand has warned that legislation is becoming more complex and more vulnerable to legal flaws, requiring more intensive scrutiny.

The fourth bill on the agenda, the “Ripost” security bill – which toughens measures against offences ranging from illegal rave parties and urban rodeos to drug use – ultimately comprises 69 articles, double the number when it was first tabled.

It includes measures targeting unauthorised “free parties” and allowing driving licences to be suspended for drug use, even when the person concerned was not driving.

Those provisions could also face reservations from the Council, leaving France's constitutional judges with several politically sensitive decisions to deliver before the summer is out.

(with newswires)