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La Quadrature du Net: First Victory for Citizens against Surveillance: French Military Planning Act before Constitutional Court!

June 2015 by La Quadrature du Net

French Council of State published its decision to refer of the Question Prioritaire de Constitutionalité (Prioritary Question of Constitutionality [1]) brought [2] by the FDN Federation [3], French Data Network [4] and La Quadrature du Net against the article 20 of the 2014-2019 Military Planning Act voted [5] in 2013. This decision is fundamental in the fight against generalised surveillance and the access to connection data by French intelligence services. It takes an important place in the current debates on the French Intelligence Bill.

On 1st June 2015, the rapporteur advised [6](fr) to refer to the request of FFDN, FDN and La Quadrature du Net to the Constitutional Court to verify its conformity regarding the direct access of citizens’ connection data by intelligence services. Today, the French Council of State recognised that our questioning was new, serious and asking for an ultimate clarification [7].

"This decision comes up when the French Senate has to vote the Intelligence Bill on Tuesday 9 June and where a part of the contested dispositions are also put in cause in this QPC. This must warn French Government against too much confidence on the constitutionality of this bill that we judge as intrusive and liberty infringing [8]. It must call upon the parliamentarians to refuse to engage themselves on a field where the supreme judicial instances are questioning the constitutionality of the bill. Their duty is to affirm by a clear vote the protection they owe to citizen’s privacy." says Félix Tréguer, cofounder La Quadrature du Net.


* References *

1. The QPC is a procedure in French Law system to control the constitutionality of the laws after they are promulgated.
2. https://www.laquadrature.net/en/in-france-la-quadrature-du-net-brings-legal-challenge-against-mass-surveillance
3. http://ffdn.org/
4. http://www.fdn.fr/
5. https://www.laquadrature.net/en/final-adoption-of-generalised-surveillance-in-france-a-disturbing-political-drift
6. http://www.nextinpact.com/news/95259-le-c%C5%93ur-loi-renseignement-deja-aux-portes-conseil-constitutionnel.htm
7. When a QPC is brought before the Council of State, this one proceed, within 3 months, to a first examination of the question. It sends this question to the Constitutional Court if the contested law is applicable to the dispute, if it hasn’t been certified as conforming to the French Constitution and if the question is new and serious. See : http://www.conseil-etat.fr/Actualites/Communiques/Acces-aux-donnees-de-c... (fr) 8. https://wiki.laquadrature.net/Patching_the_French_Intelligence_Bill


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