THE REFORM OF THE REVIEW OF CONSTITUTIONALITY OF LAW (REFLECTIONS ON THE DRAFT OF ARTICLES 61-1 AND 62 OF THE CONSTITUTION PRESENTED BY THE BALLADUR COMMITTEE) (Reforma kontroli konstytucyjnosci prawa ....Komitet Balladura)
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The article presents an assessment of the reform, prepared by the Committee on Modernization and Restoration of Balance of the Institutions of the Fifth Republic. The reform is aimed at supplementing preventive review of statutes with ex-post review, thereby making it possible, during proceedings in progress before the court, to apply to the Constitutional Council for examination of conformity of a statute with the provisions concerning the fundamental rights and freedoms guaranteed by the Constitution. The solutions provided for in Article 61-1 of the Constitution enable the procedure of implementation of this new form of review in a constitutional act to be freely specified. The application for a review is referred to the Constitutional Council, on the initiative of the subject entitled to do so, through the Council of State or the Court of Cassation. In the opinion of the authors, such selection on the part of the supreme courts does not seem necessary or desirable. The establishment of a new form of review has received a relatively positive assessment. It is regarded as necessary element of improvement of the French system of fundamental rights' protection. However, it is uncertain whether the lack of such review would have an adverse impact on the status of the citizens. There are, of course, other forms of review of constitutionality of law which provide protection of rights and freedoms (e.g. the review of conformity of international agreements with the constitution). The implementation of the reforms will obviously induce changes in the functioning of the Constitutional Council and its relations with Parliament. 11.
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