---
title: "Constitutional Litigation"
id: "2001"
type: "expertise"
slug: "constitutional-litigation"
published_at: "2026-01-24T03:56:52+00:00"
modified_at: "2026-07-23T08:54:40+00:00"
url: "https://www.august-debouzy.com/en/expertise/constitutional-litigation/"
markdown_url: "https://www.august-debouzy.com/en/expertise/constitutional-litigation.md"
excerpt: "Bringing your constitutional challenges before the courts Through priority constitutional questions, litigants can challenge the constitutionality of statutory provisions that may infringe rights and freedoms protected by the Constitution. These proceedings require a deep command of constitutional law and the..."
taxonomy_language:
  - "English"
taxonomy_post_translations:
  - "pll_69744304a372b"
taxonomy_tax_expertise:
  - "Constitutional Litigation"
taxonomy_tax_famille_expertise:
  - "Dispute Resolution"
---

## Bringing your constitutional challenges *before the courts*

Through priority constitutional questions, litigants can challenge the constitutionality of statutory provisions that may infringe rights and freedoms protected by the Constitution. These proceedings require a deep command of constitutional law and the ability to construct a rigorous and persuasive argument before the courts.

Our team draws on the experience of former senior civil servants, including a former member of the Conseil d’État, to provide the highest level of expertise. We assist clients in preparing and presenting constitutional challenges before administrative and judicial courts, through to the Constitutional Council.

Our work includes assessing admissibility, drafting submissions, managing proceedings before the referring courts, and preparing observations before the Constitutional Council. We also intervene upstream to assess the strategic value of raising a constitutional challenge in ongoing litigation.

Collective excellence

at the service of the

*highest standards.*

Team

[Emmanuelle Mignon ( Partner )](https://www.august-debouzy.com/en/collaborateur/emmanuelle-mignon/)

[Ghislain Minaire ( Counsel )](https://www.august-debouzy.com/en/collaborateur/ghislain-minaire/)

[Charles Maurel ( Senior Associate )](https://www.august-debouzy.com/en/collaborateur/charles-maurel/)

Précédent     Suivant

## Contact Us

## *our*References

Constitutional Litigation

#### International Association – Transnational Constitutional Litigation

Representation of an international association before the Belgian Constitutional Court regarding the constitutionality of Belgian legislation adversely affecting the client’s members. The firm requested the referral of a preliminary ruling question to the Court of Justice of the European Union, as the matter involved the interpretation of an EU directive.

Constitutional Litigation

#### Public Figure – Criminal Defense and Constitutional Challenge

Defense of a public figure before the Paris Court of Appeal and the Cour de cassation in a case involving complicity and concealment of misappropriation of public funds and corporate assets. Following the appeal proceedings, the Cour de cassation referred a priority constitutional question (QPC) to the Conseil constitutionnel, which…

Constitutional Litigation

#### Telecommunications Operator – Priority Constitutional Question on Tax Law

Assistance to a major French telecommunications group before the Cour de cassation, Conseil d’État, and Conseil constitutionnel on a priority constitutional question (QPC) concerning the compliance of a tax law provision with the rights and freedoms guaranteed by the Constitution.

**Rankings**& Recognitions

m

- (01)Legal 500 2026 – France Administrative and public law
- (02)Legal 500 2025 – Global Administrative and public law
- (03)Legal 500 2024 – Global Administrative and public law

## *FAQ*

### (01) What is a priority question of constitutionality and when can it be raised?

The priority question of constitutionality (QPC), introduced by the constitutional revision of 23 July 2008 and applicable since 1 March 2010, allows any party to a dispute to challenge the conformity of a legislative provision with the rights and freedoms guaranteed by the Constitution. This mechanism, established by Article 61-1 of the Constitution, may be invoked in any proceedings before an administrative or judicial court, including for the first time on appeal in cassation. The QPC is a powerful strategic tool in ongoing litigation: it may lead to the abrogation of the contested provision and alter the outcome of the dispute. We assess the merits of raising a QPC in every contentious case.

### (02) What conditions must a law firm specializing in constitutional litigation meet to secure the transmission of a QPC?

Article 23-2 of Ordinance No. 58-1067 of 7 November 1958 makes the transmission of a QPC subject to three cumulative conditions: the contested provision must be applicable to the dispute, it must not have already been declared constitutional in the same terms (unless circumstances have changed), and the question must not be manifestly unserious. The quality of the argument at the transmission stage determines the entire procedure. We draft the separate, reasoned briefs required by the organic law, build the constitutional argument and defend admissibility before the trial court.

### (03) What deadlines govern constitutional litigation before the Conseil d’Etat, the Cour de cassation and the Constitutional Council?

The QPC procedure follows a strictly timed process. Article 23-4 of the Ordinance of 7 November 1958 grants the Conseil d’Etat or the Cour de cassation three months to decide on referral to the Constitutional Council; failing a decision, the question is automatically transmitted. The Constitutional Council then has three months to rule (Article 23-10). The hearing before the Constitutional Council is public and adversarial. We manage the entire process: drafting written observations, preparing for the oral hearing and following through on the consequences of the decision for the main proceedings.

### (04) Why choose August Debouzy as your law firm for constitutional litigation in France?

Our team draws on the experience of former senior officials, including a former member of the Conseil d’Etat, to deliver the highest level of constitutional expertise. We support clients in preparing and presenting QPCs before administrative and judicial courts, the Conseil d’Etat, the Cour de cassation and the Constitutional Council. From assessing the merits of a QPC in ongoing proceedings to conducting the hearing before the Constitutional Council, every stage benefits from rigorous strategy and deep command of constitutional law.