Court of Budget and Financial Discipline (CBFD)

Breaking news

The “Conseil d’État” (French Council of State) transmits July 23, 2014 a “Question prioritaire de constitutionnalité – QPC” on any non-compliance with the Constitution of concurrent sanctions under the Non bis in idem principle, about the French Court of budgetary and financial discipline

In its judgment of 23 July 2014, MM. B., A. et C., the Conseil d'État (French Council of State) shall transmit a  Question prioritaire de constitutionnalité – QPC (Priority Question of Constitutionality) to the Conseil constitutionnel  (French Constitutional Council) about the compliance of the procedural organization of the Cour de discipline budgétaire et financière – CDBF (French Court of fiscal and financial discipline) in terms of constitutional principle impartiality. Indeed, the jurisprudence of the Constitutional Council has incorporated in the constitutional corpus the principle of impartiality, objectively designed   as judicial jurisprudence and the jurisprudence of the European Court of Human Rights have done and have imposed the organs exercising power sanction must give to see their impartiality (definition of the "objective impartiality") to third parties who must have confidence in this body which has power to impose sanctions.

Jurisprudence

French Council of State (“Conseil d’État”)

Read the Conseil d'État decision. The ruling sends the Conseil constitutionnel  (French Constitutional Council) the question of whether the proceedings […]