L’evoluzione della giustizia costituzionale in Francia e il problema della responsabilità dello Stato da illecito nell’esercizio della funzione legislativa

The evolution of constitutional justice in France and the problem of State liability for unconstitutional legislation

Abstract

The evolution of constitutional justice in France and the problem of State liability for unconstitutional legislation – The State liability for unconstitutional legislation is one of the great themes of French legal science in the field of public law. The introduction of the “question prioritaire de constitutionnalité” (QPC) has led to a revolution in the area of Constitutional Justice and has allowed the Conseil d’État and the Conseil constitutionnel to define this form of liability. This fundamental turning point in French legal culture allows us to rethink several categories of Constitutional Justice and to review the dogma of the absolute sovereignty of Parliament. It also makes it possible to radically criticize the decisions of the supreme Courts in the Italian legal system, which continue to deny the configurability of this hypothesis of liability in disagreement with the academic community and through postulates incompatible with the Constitution.

Keywords: Constitutional justice; Constitutional tort; France; State liability; Unconstitutional legislation.