Understanding the constitutional principles on which any modern state is based is one of the modern trends in jurisprudence. Constitutional principles are characterized by a high level of stability, and their protection is ensured by the constitutional text itself.

 In the French Republic, in addition to the principles of the Constitution, there is the concept of fundamental principles recognized by the laws of the Republic (PFRLR). In other words, a certain principle can be recognized by the decision of the Constitutional Council of France precisely as “a fundamental principle recognized by the laws of the Republic”. However, there is a condition – they can only concern fundamental rights and freedoms, national sovereignty or the organisation of public authorities.

The concept of fundamental principles recognized by the laws of the Republic (PFRLR) is a special formula from the Preamble of the 1946 Constitution, which from the beginning was not used in positive law. The Preamble actually confirms that after the rights and freedoms of a person and a citizen enshrined in the Declaration of Rights of 1789, there are fundamental principles recognised by the laws of the Republic. In 1971, the Constitutional Council for the first time gave these principles a completely different scope. The Constitutional Council has in fact reserved the right to control the conformity of the law not only with the Constitution, but also with the fundamental rights and freedoms contained in the Declaration of 1789 and the Preamble of the Constitution of 1946.

The principles recognized by the laws of the Republic (PFRLR), although previously created by the legislator, are granted constitutional force by the body of constitutional jurisdiction – the Constitutional Council. The latter essentially “unfolds” the content of these principles in its decisions. The analysis of such decisions, in which the Constitutional Council “names”, supplements or even denies (“cancels”) a certain principle recognized by the laws of the Republic, is the purpose of this article.

Bibliography

Journal articles

1. Fenouillet D, ‘La jurisprudence du Conseil constitutionnel en droit civil des personnes. Promotion ou déformation?’ [2018] 20–21 Jus Politicum. Revue de droit politique 7–53.

2. Wachsmann P, ‘Le Conseil constitutionnel et le principe de séparation des autorités administrative et judiciaire’ [2018] 20–21 Jus Politicum. Revue de droit politique 237–260.

Conference papers

3. Badyda A, ‘Poniattia “konstytutsiinoho bloku” u Frantsuzkii Respublitsi: doktryna i sudova praktyka’, Suchasnyi konstytutsionalizm: problemy teorii ta praktyky: materialy naukovoho seminaru (19 chervnia 2020 r.) (N Lepish upor, LvDUVS 2020).