Formal requirements | 1. Ordinary Law of Civil Procedure (Chapter 6.1.1) • Livv

100. Individual and reasoned document

The party claiming that a legislative provision infringes upon the rights and freedoms guaranteed by the Constitution submits their priority preliminary ruling on the issue of constitutionality (QPC) in a plea that must be presented in a separate …

101. Ongoing proceedings/Admissible application

The QPC must be linked to ongoing proceedings before the court. Such a requirement excludes the procedure for admission to legal aid . The question can be submitted at any stage of the proceedings (Art. 23-5, para. 2, Ord. 58-1067 of 7 November …

102. Parties to the proceedings

Under Article 61-1 of the Constitution, the right to argue that a legislative provision infringes upon the rights and freedoms guaranteed by the Constitution is reserved exclusively for the parties to the proceedings. In other words, it is a ground …