80

Article 80 • Constitutional court powers • Constitutionality of legislation The provisions of law which concern the fundamental rights recognized to any person by the Constitution may be submitted to the Constitutional Council by way of pleadings if it involves an instance in course before a jurisdiction. The pleadings of unconstitutionality may be raised by any plaintiff before any jurisdiction. The jurisdiction referred to the matter must then suspend its decision and transmit the matter to the Supreme Court. The Supreme Court has a time of one month to reject the exception if it is not founded on a serious issue or, in the contrary case, refers the matter to the Constitutional Council, which decides in the time of one month. A provision judged unconstitutional on the basis of this article ceases to be applicable and will no longer be applied in procedures.