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CONSTEXT000017664353_1
|
CONSTEXT000017664353
| 1
|
e1af6fd5b8811e74
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
|
2000-441
|
2000-12-28
|
Le Conseil constitutionnel a été saisi, le 22 décembre 2000, par MM. Jean-François MATTEI, Jean-Louis DEBRÉ, Philippe DOUSTE-BLAZY, MM. Jean-Claude ABRIOUX, Bernard ACCOYER, Mme Michèle ALLIOT-MARIE, MM. René ANDRÉ, André ANGOT, Philippe AUBERGER, Pierre AUBRY, Jean AUCLAIR, Gautier AUDINOT, Mme Roselyne BACHELOT-NARQUIN, MM. Edouard BALLADUR, François BAROIN, André BERTHOL, Jean BESSON, Michel BOUVARD, Philippe BRIAND, Gilles CARREZ, Mme Nicole CATALA, MM. Richard CAZENAVE, Philippe CHAULET, Jean-Marc CHAVANNE, Olivier de CHAZEAUX, Alain COUSIN, Jean-Michel COUVE, Charles COVA, Henri CUQ, Lucien DEGAUCHY, Arthur DEHAINE, Jean-Pierre DELALANDE, Patrick DELNATTE, Jean-Marie DEMANGE, Yves DENIAUD, Patrick DEVEDJIAN, Eric DOLIGÉ, Guy DRUT, Jean-Michel DUBERNARD, Jean-Pierre DUPONT, Christian ESTROSI, Jean FALALA, Jean-Michel FERRAND, François FILLON, Yves FROMION, Robert GALLEY, Henri de GASTINES, Jean de GAULLE, Michel GIRAUD, Louis GUÉDON, Jean-Claude GUIBAL, François GUILLAUME, Gérard HAMEL, Michel INCHAUSPÉ, Christian JACOB, Didier JULIA, Alain JUPPÉ, Jacques KOSSOWSKI, Robert LAMY, Pierre LASBORDES, Thierry LAZARO, Pierre LELLOUCHE, Jean-Claude LEMOINE, Lionnel LUCA, Thierry MARIANI, Alain MARLEIX, Franck MARLIN, Patrice MARTIN-LALANDE, Jacques MASDEU-ARUS, Mme Jacqueline MATHIEU-OBADIA, MM. Gilbert MEYER, Jean-Claude MIGNON, Charles MIOSSEC, Pierre MORANGE, Renaud MUSELIER, Jacques MYARD, Jean-Marc NUDANT, Patrick OLLIER, Robert PANDRAUD, Jacques PELISSARD, Dominique
|
Loi de finances rectificative pour 2000
Le Conseil constitutionnel a été saisi, le 22 décembre 2000, par MM. Jean-François MATTEI, Jean-Louis DEBRÉ, Philippe DOUSTE-BLAZY, MM. Jean-Claude ABRIOUX, Bernard ACCOYER, Mme Michèle ALLIOT-MARIE, MM. René ANDRÉ, André ANGOT, Philippe AUBERGER, Pierre AUBRY, Jean AUCLAIR, Gautier AUDINOT, Mme Roselyne BACHELOT-NARQUIN, MM. Edouard BALLADUR, François BAROIN, André BERTHOL, Jean BESSON, Michel BOUVARD, Philippe BRIAND, Gilles CARREZ, Mme Nicole CATALA, MM. Richard CAZENAVE, Philippe CHAULET, Jean-Marc CHAVANNE, Olivier de CHAZEAUX, Alain COUSIN, Jean-Michel COUVE, Charles COVA, Henri CUQ, Lucien DEGAUCHY, Arthur DEHAINE, Jean-Pierre DELALANDE, Patrick DELNATTE, Jean-Marie DEMANGE, Yves DENIAUD, Patrick DEVEDJIAN, Eric DOLIGÉ, Guy DRUT, Jean-Michel DUBERNARD, Jean-Pierre DUPONT, Christian ESTROSI, Jean FALALA, Jean-Michel FERRAND, François FILLON, Yves FROMION, Robert GALLEY, Henri de GASTINES, Jean de GAULLE, Michel GIRAUD, Louis GUÉDON, Jean-Claude GUIBAL, François GUILLAUME, Gérard HAMEL, Michel INCHAUSPÉ, Christian JACOB, Didier JULIA, Alain JUPPÉ, Jacques KOSSOWSKI, Robert LAMY, Pierre LASBORDES, Thierry LAZARO, Pierre LELLOUCHE, Jean-Claude LEMOINE, Lionnel LUCA, Thierry MARIANI, Alain MARLEIX, Franck MARLIN, Patrice MARTIN-LALANDE, Jacques MASDEU-ARUS, Mme Jacqueline MATHIEU-OBADIA, MM. Gilbert MEYER, Jean-Claude MIGNON, Charles MIOSSEC, Pierre MORANGE, Renaud MUSELIER, Jacques MYARD, Jean-Marc NUDANT, Patrick OLLIER, Robert PANDRAUD, Jacques PELISSARD, Dominique
|
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|
CONSTEXT000017664353_2
|
CONSTEXT000017664353
| 2
|
683425a8eef6a883
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
|
2000-441
|
2000-12-28
|
MATHIEU-OBADIA, MM. Gilbert MEYER, Jean-Claude MIGNON, Charles MIOSSEC, Pierre MORANGE, Renaud MUSELIER, Jacques MYARD, Jean-Marc NUDANT, Patrick OLLIER, Robert PANDRAUD, Jacques PELISSARD, Dominique PERBEN, Serge POIGNANT, Bernard PONS, Robert POUJADE, Didier QUENTIN, Jean-Bernard RAIMOND, Jean-Luc REITZER, Nicolas SARKOZY, André SCHNEIDER, Bernard SCHREINER, Frantz TAITTINGER, Michel TERROT, Jean-Claude THOMAS, Georges TRON, Jean UEBERSCHLAG, Léon VACHET, Jean VALLEIX, François VANNSON, Roland VUILLAUME, Jean-Luc WARSMANN, Mmes Marie-Jo ZIMMERMANN, Nicole AMELINE, M. François d'AUBERT, Mme Sylvia BASSOT, MM. Jacques BLANC, Pascal CLÉMENT, Bernard DEFLESSELLES, Franck DHERSIN, Laurent DOMINATI, Charles EHRMANN, Nicolas FORISSIER, Gilbert GANTIER, Claude GATIGNOL, Claude GOASGUEN, François GOULARD, Pierre HELLIER, Marc LAFFINEUR, Jean-Claude LENOIR, Michel MEYLAN, Yves NICOLIN, Pierre ALBERTINI, Pierre-Christophe BAGUET, Jacques BARROT, Claude BIRRAUX, Emile BLESSIG, Mme Christine BOUTIN, MM. Loïc BOUVARD, Yves BUR, René COUANAU, Charles de COURSON, Marc-Philippe DAUBRESSE, Francis DELATTRE, Léonce DEPREZ, Renaud DUTREIL, Jean-Pierre FOUCHER, Alain FERRY, Claude GAILLARD, Hubert GRIMAULT, Pierre HÉRIAUD, Patrick HERR, Mmes Anne-Marie IDRAC, Bernadette ISAAC-SIBILLE, MM. Henry JEAN-BAPTISTE, Jean-Jacques JÉGOU, Edouard LANDRAIN, Maurice LEROY, Roger LESTAS, Maurice LIGOT, Christian MARTIN, Pierre MÉHAIGNERIE, Pierre MENJUCQ, Arthur PAECHT, Dominique PAILLÉ, Jean-Luc PRÉEL,
|
Loi de finances rectificative pour 2000
MATHIEU-OBADIA, MM. Gilbert MEYER, Jean-Claude MIGNON, Charles MIOSSEC, Pierre MORANGE, Renaud MUSELIER, Jacques MYARD, Jean-Marc NUDANT, Patrick OLLIER, Robert PANDRAUD, Jacques PELISSARD, Dominique PERBEN, Serge POIGNANT, Bernard PONS, Robert POUJADE, Didier QUENTIN, Jean-Bernard RAIMOND, Jean-Luc REITZER, Nicolas SARKOZY, André SCHNEIDER, Bernard SCHREINER, Frantz TAITTINGER, Michel TERROT, Jean-Claude THOMAS, Georges TRON, Jean UEBERSCHLAG, Léon VACHET, Jean VALLEIX, François VANNSON, Roland VUILLAUME, Jean-Luc WARSMANN, Mmes Marie-Jo ZIMMERMANN, Nicole AMELINE, M. François d'AUBERT, Mme Sylvia BASSOT, MM. Jacques BLANC, Pascal CLÉMENT, Bernard DEFLESSELLES, Franck DHERSIN, Laurent DOMINATI, Charles EHRMANN, Nicolas FORISSIER, Gilbert GANTIER, Claude GATIGNOL, Claude GOASGUEN, François GOULARD, Pierre HELLIER, Marc LAFFINEUR, Jean-Claude LENOIR, Michel MEYLAN, Yves NICOLIN, Pierre ALBERTINI, Pierre-Christophe BAGUET, Jacques BARROT, Claude BIRRAUX, Emile BLESSIG, Mme Christine BOUTIN, MM. Loïc BOUVARD, Yves BUR, René COUANAU, Charles de COURSON, Marc-Philippe DAUBRESSE, Francis DELATTRE, Léonce DEPREZ, Renaud DUTREIL, Jean-Pierre FOUCHER, Alain FERRY, Claude GAILLARD, Hubert GRIMAULT, Pierre HÉRIAUD, Patrick HERR, Mmes Anne-Marie IDRAC, Bernadette ISAAC-SIBILLE, MM. Henry JEAN-BAPTISTE, Jean-Jacques JÉGOU, Edouard LANDRAIN, Maurice LEROY, Roger LESTAS, Maurice LIGOT, Christian MARTIN, Pierre MÉHAIGNERIE, Pierre MENJUCQ, Arthur PAECHT, Dominique PAILLÉ, Jean-Luc PRÉEL,
|
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|
CONSTEXT000017664353_3
|
CONSTEXT000017664353
| 3
|
1507df1fb7c3c270
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
|
2000-441
|
2000-12-28
|
JEAN-BAPTISTE, Jean-Jacques JÉGOU, Edouard LANDRAIN, Maurice LEROY, Roger LESTAS, Maurice LIGOT, Christian MARTIN, Pierre MÉHAIGNERIE, Pierre MENJUCQ, Arthur PAECHT, Dominique PAILLÉ, Jean-Luc PRÉEL, Marc REYMANN, François ROCHEBLOINE et François SAUVADET, députés, et par MM. Jean ARTHUIS, Alain LAMBERT, Philippe MARINI, Nicolas ABOUT, Louis ALTHAPÉ, Denis BADRÉ, José BALARELLO, Jacques BAUDOT, Michel BÉCOT, Georges BERCHET, Jean BERNARD, Roger BESSE, Paul BLANC, Maurice BLIN, André BOHL, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Gérard BRAUN, Mme Paulette BRISEPIERRE, MM. Louis de BROISSIA, Michel CALDAGUÈS, Robert CALMÉJANE, Jean-Pierre CANTEGRIT, Jean-Claude CARLE, Auguste CAZALET, Charles CECCALDI-RAYNAUD, Gérard CÉSAR, Jean CHÉRIOUX, Marcel-Pierre CLEACH, Jean CLOUET, Gérard CORNU, Charles-Henri de COSSE-BRISSAC, Charles de CUTTOLI, Jean-Paul DELEVOYE, Robert Del PICCHIA, Fernand DEMILLY, Marcel DENEUX, Gérard DÉRIOT, Charles DESCOURS, Jacques DOMINATI, Paul DUBRULE, Alain DUFAUT, Ambroise DUPONT, Jean-Léonce DUPONT, Jean-Paul ÉMIN, Jean-Paul ÉMORINE, Michel ESNEU, Hubert FALCO, André FERRAN, Hilaire FLANDRE, Jean-Pierre FOURCADE, Bernard FOURNIER, Philippe FRANÇOIS, Serge FRANCHIS, Yves FRÉVILLE, Philippe de GAULLE, Patrice GÉLARD, Alain GÉRARD, François GERBAUD, Paul GIROD, Daniel GOULET, Alain GOURNAC, Francis GRIGNON, Louis GRILLOT, Georges GRUILLOT, Hubert HAENEL, Mme Anne HEINIS, MM. Pierre HÉRISSON, Alain HETHENER, Daniel HOEFFEL,
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Loi de finances rectificative pour 2000
JEAN-BAPTISTE, Jean-Jacques JÉGOU, Edouard LANDRAIN, Maurice LEROY, Roger LESTAS, Maurice LIGOT, Christian MARTIN, Pierre MÉHAIGNERIE, Pierre MENJUCQ, Arthur PAECHT, Dominique PAILLÉ, Jean-Luc PRÉEL, Marc REYMANN, François ROCHEBLOINE et François SAUVADET, députés, et par MM. Jean ARTHUIS, Alain LAMBERT, Philippe MARINI, Nicolas ABOUT, Louis ALTHAPÉ, Denis BADRÉ, José BALARELLO, Jacques BAUDOT, Michel BÉCOT, Georges BERCHET, Jean BERNARD, Roger BESSE, Paul BLANC, Maurice BLIN, André BOHL, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Gérard BRAUN, Mme Paulette BRISEPIERRE, MM. Louis de BROISSIA, Michel CALDAGUÈS, Robert CALMÉJANE, Jean-Pierre CANTEGRIT, Jean-Claude CARLE, Auguste CAZALET, Charles CECCALDI-RAYNAUD, Gérard CÉSAR, Jean CHÉRIOUX, Marcel-Pierre CLEACH, Jean CLOUET, Gérard CORNU, Charles-Henri de COSSE-BRISSAC, Charles de CUTTOLI, Jean-Paul DELEVOYE, Robert Del PICCHIA, Fernand DEMILLY, Marcel DENEUX, Gérard DÉRIOT, Charles DESCOURS, Jacques DOMINATI, Paul DUBRULE, Alain DUFAUT, Ambroise DUPONT, Jean-Léonce DUPONT, Jean-Paul ÉMIN, Jean-Paul ÉMORINE, Michel ESNEU, Hubert FALCO, André FERRAN, Hilaire FLANDRE, Jean-Pierre FOURCADE, Bernard FOURNIER, Philippe FRANÇOIS, Serge FRANCHIS, Yves FRÉVILLE, Philippe de GAULLE, Patrice GÉLARD, Alain GÉRARD, François GERBAUD, Paul GIROD, Daniel GOULET, Alain GOURNAC, Francis GRIGNON, Louis GRILLOT, Georges GRUILLOT, Hubert HAENEL, Mme Anne HEINIS, MM. Pierre HÉRISSON, Alain HETHENER, Daniel HOEFFEL,
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CONSTEXT000017664353_4
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CONSTEXT000017664353
| 4
|
128f126f893dbea1
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
|
François GERBAUD, Paul GIROD, Daniel GOULET, Alain GOURNAC, Francis GRIGNON, Louis GRILLOT, Georges GRUILLOT, Hubert HAENEL, Mme Anne HEINIS, MM. Pierre HÉRISSON, Alain HETHENER, Daniel HOEFFEL, Jean-Paul HUGOT, Jean-Jacques HYEST, André JOURDAIN, Roger KAROUTCHI, Jean-Philippe LACHENAUD, Gérard LARCHER, Patrick LASSOURD, René-Georges LAURIN, Dominique LECLERC, Guy LEMAIRE, Roland du LUART, Jacques MACHET, André MAMAN, René MARQUES, Pierre MARTIN, Serge MATHIEU, Jean-Luc MIRAUX, Bernard MURAT, Philippe NACHBAR, Paul NATALI, Mme Nelly OLIN, MM. Joseph OSTERMANN, Jacques OUDIN, Jean PÉPIN, Guy POIRIEUX, Ladislas PONIATOWSKI, André POURNY, Jean PUECH, Jean-Pierre RAFFARIN, Henri de RAINCOURT, Charles REVET, Henri REVOL, Louis-Ferdinand de ROCCA SERRA, Josselin de ROHAN, Raymond SOUCARET, Louis SOUVET, Martial TAUGOURDEAU, Henri TORRE, René TRÉGOUET, François TRUCY, Alain VASSELLE, Jean-Pierre VIAL, Xavier de VILLEPIN et Serge VINÇON, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la deuxième loi de finances rectificative pour 2000 ;
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Loi de finances rectificative pour 2000
François GERBAUD, Paul GIROD, Daniel GOULET, Alain GOURNAC, Francis GRIGNON, Louis GRILLOT, Georges GRUILLOT, Hubert HAENEL, Mme Anne HEINIS, MM. Pierre HÉRISSON, Alain HETHENER, Daniel HOEFFEL, Jean-Paul HUGOT, Jean-Jacques HYEST, André JOURDAIN, Roger KAROUTCHI, Jean-Philippe LACHENAUD, Gérard LARCHER, Patrick LASSOURD, René-Georges LAURIN, Dominique LECLERC, Guy LEMAIRE, Roland du LUART, Jacques MACHET, André MAMAN, René MARQUES, Pierre MARTIN, Serge MATHIEU, Jean-Luc MIRAUX, Bernard MURAT, Philippe NACHBAR, Paul NATALI, Mme Nelly OLIN, MM. Joseph OSTERMANN, Jacques OUDIN, Jean PÉPIN, Guy POIRIEUX, Ladislas PONIATOWSKI, André POURNY, Jean PUECH, Jean-Pierre RAFFARIN, Henri de RAINCOURT, Charles REVET, Henri REVOL, Louis-Ferdinand de ROCCA SERRA, Josselin de ROHAN, Raymond SOUCARET, Louis SOUVET, Martial TAUGOURDEAU, Henri TORRE, René TRÉGOUET, François TRUCY, Alain VASSELLE, Jean-Pierre VIAL, Xavier de VILLEPIN et Serge VINÇON, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la deuxième loi de finances rectificative pour 2000 ;
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CONSTEXT000017664353_5
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CONSTEXT000017664353
| 5
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155ec1ec5d38fcfa
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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LE CONSEIL CONSTITUTIONNEL,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu la directive 77/388/CEE du Conseil, du 17 mai 1977, en matière d'harmonisation des législations des Etats membres relatives aux taxes sur le chiffre d'affaires ;Vu la directive 92/5/CEE du Conseil, du 10 février 1992, portant modification et mise à jour de la directive 77/99/CEE relative à des problèmes sanitaires en matière d'échanges intracommunautaires de produits à base de viande et modifiant la directive 64/433/CEE ;Vu la loi n° 2000-1257 du 23 décembre 2000 de financement de la sécurité sociale pour 2001 ;Vu le code général des impôts et le livre des procédures fiscales ;Vu le code des douanes ;Vu le code des postes et télécommunications ;Vu le code de la sécurité sociale ;Vu les observations du Gouvernement, enregistrées le 26 décembre 2000 ;Le rapporteur ayant été entendu ;
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Loi de finances rectificative pour 2000
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu la directive 77/388/CEE du Conseil, du 17 mai 1977, en matière d'harmonisation des législations des Etats membres relatives aux taxes sur le chiffre d'affaires ;Vu la directive 92/5/CEE du Conseil, du 10 février 1992, portant modification et mise à jour de la directive 77/99/CEE relative à des problèmes sanitaires en matière d'échanges intracommunautaires de produits à base de viande et modifiant la directive 64/433/CEE ;Vu la loi n° 2000-1257 du 23 décembre 2000 de financement de la sécurité sociale pour 2001 ;Vu le code général des impôts et le livre des procédures fiscales ;Vu le code des douanes ;Vu le code des postes et télécommunications ;Vu le code de la sécurité sociale ;Vu les observations du Gouvernement, enregistrées le 26 décembre 2000 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664353_6
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CONSTEXT000017664353
| 6
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12b561641ea0ae47
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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1. Considérant que les députés auteurs de la première saisine défèrent au Conseil constitutionnel la deuxième loi de finances rectificative pour 2000 en mettant en cause sa sincérité ; qu'ils contestent plus particulièrement ses articles 6, 37 et 48 ; que, pour leur part, les sénateurs auteurs de la seconde saisine critiquent, en tout ou partie, ses articles 2, 3, 4, 8, 16, 35, 37, 48 et 64 ;- SUR LA SINCERITE DE LA LOI DE FINANCES RECTIFICATIVE :2. Considérant que la sincérité des recettes et du déficit figurant dans la loi déférée est contestée par les députés requérants ; qu'ils dénoncent à cet égard une sous-évaluation de recettes fiscales ;3. Considérant que les ressources de l'Etat retracées dans les lois de finances présentent un caractère prévisionnel et sont prises en compte sous forme d'évaluations ; qu'il ne ressort pas des éléments fournis au Conseil constitutionnel que les évaluations prises en compte dans l'article d'équilibre soient, eu égard au montant de la sous-estimation alléguée rapporté aux masses budgétaires, entachées d'une erreur manifeste ; que, par suite, le grief doit être écarté ;- SUR L'ARTICLE 2 :4. Considérant qu'en exécution d'un arrêt de la Cour de justice des Communautés européennes en date du 12 septembre 2000, l'article 2 modifie le régime de la taxe sur la valeur ajoutée applicable aux exploitants d'ouvrages de circulation routière à péages pour le rendre compatible avec la directive susvisée du 17 mai 1977 ; qu'en application des
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Loi de finances rectificative pour 2000
1. Considérant que les députés auteurs de la première saisine défèrent au Conseil constitutionnel la deuxième loi de finances rectificative pour 2000 en mettant en cause sa sincérité ; qu'ils contestent plus particulièrement ses articles 6, 37 et 48 ; que, pour leur part, les sénateurs auteurs de la seconde saisine critiquent, en tout ou partie, ses articles 2, 3, 4, 8, 16, 35, 37, 48 et 64 ;- SUR LA SINCERITE DE LA LOI DE FINANCES RECTIFICATIVE :2. Considérant que la sincérité des recettes et du déficit figurant dans la loi déférée est contestée par les députés requérants ; qu'ils dénoncent à cet égard une sous-évaluation de recettes fiscales ;3. Considérant que les ressources de l'Etat retracées dans les lois de finances présentent un caractère prévisionnel et sont prises en compte sous forme d'évaluations ; qu'il ne ressort pas des éléments fournis au Conseil constitutionnel que les évaluations prises en compte dans l'article d'équilibre soient, eu égard au montant de la sous-estimation alléguée rapporté aux masses budgétaires, entachées d'une erreur manifeste ; que, par suite, le grief doit être écarté ;- SUR L'ARTICLE 2 :4. Considérant qu'en exécution d'un arrêt de la Cour de justice des Communautés européennes en date du 12 septembre 2000, l'article 2 modifie le régime de la taxe sur la valeur ajoutée applicable aux exploitants d'ouvrages de circulation routière à péages pour le rendre compatible avec la directive susvisée du 17 mai 1977 ; qu'en application des
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CONSTEXT000017664353_7
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CONSTEXT000017664353
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2640340a2c2849c1
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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de la taxe sur la valeur ajoutée applicable aux exploitants d'ouvrages de circulation routière à péages pour le rendre compatible avec la directive susvisée du 17 mai 1977 ; qu'en application des nouvelles dispositions, les opérations des exploitants seront assujetties au nouveau régime à compter du 1er janvier 2001 ;5. Considérant qu'aux termes du VII de l'article 2, seul contesté par les requérants : " Les exploitants d'ouvrages de circulation routière dont les péages sont soumis à la taxe sur la valeur ajoutée peuvent formuler des réclamations contentieuses tendant à l'exercice du droit à déduction de la taxe sur la valeur ajoutée ayant, le cas échéant, grevé à titre définitif les travaux de construction et de grosses réparations qu'ils ont réalisés à compter du 1er janvier 1996 au titre d'ouvrages mis en service avant le 12 septembre 2000. " Le montant restitué est égal à l'excédent de la taxe sur la valeur ajoutée qui a ainsi grevé les travaux sur la taxe sur la valeur ajoutée afférente aux péages qui n'a pas été acquittée du 1er janvier 1996 au 11 septembre 2000 " ;6. Considérant que les sénateurs requérants soutiennent qu'" en disposant que les exploitants d'ouvrages de circulation routière peuvent formuler des réclamations contentieuses dans les seules conditions fixées par la loi, et en déterminant par avance dans la loi le résultat de ces contentieux ", l'article 2 méconnaîtrait le droit au recours qui découle de l'article 16 de la Déclaration des droits de l'homme
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Loi de finances rectificative pour 2000
de la taxe sur la valeur ajoutée applicable aux exploitants d'ouvrages de circulation routière à péages pour le rendre compatible avec la directive susvisée du 17 mai 1977 ; qu'en application des nouvelles dispositions, les opérations des exploitants seront assujetties au nouveau régime à compter du 1er janvier 2001 ;5. Considérant qu'aux termes du VII de l'article 2, seul contesté par les requérants : " Les exploitants d'ouvrages de circulation routière dont les péages sont soumis à la taxe sur la valeur ajoutée peuvent formuler des réclamations contentieuses tendant à l'exercice du droit à déduction de la taxe sur la valeur ajoutée ayant, le cas échéant, grevé à titre définitif les travaux de construction et de grosses réparations qu'ils ont réalisés à compter du 1er janvier 1996 au titre d'ouvrages mis en service avant le 12 septembre 2000. " Le montant restitué est égal à l'excédent de la taxe sur la valeur ajoutée qui a ainsi grevé les travaux sur la taxe sur la valeur ajoutée afférente aux péages qui n'a pas été acquittée du 1er janvier 1996 au 11 septembre 2000 " ;6. Considérant que les sénateurs requérants soutiennent qu'" en disposant que les exploitants d'ouvrages de circulation routière peuvent formuler des réclamations contentieuses dans les seules conditions fixées par la loi, et en déterminant par avance dans la loi le résultat de ces contentieux ", l'article 2 méconnaîtrait le droit au recours qui découle de l'article 16 de la Déclaration des droits de l'homme
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CONSTEXT000017664353_8
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CONSTEXT000017664353
| 8
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062e7d90ada0e743
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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la loi, et en déterminant par avance dans la loi le résultat de ces contentieux ", l'article 2 méconnaîtrait le droit au recours qui découle de l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que serait également méconnue l'autorité qui s'attache à la chose jugée par la Cour de justice des communautés européennes, le contribuable ayant droit " à la pleine application d'une décision de justice " ; que la compensation opérée par le législateur entre la taxe sur la valeur ajoutée collectée sur les péages et la taxe sur la valeur ajoutée déductible constituerait une validation législative et un dispositif fiscal rétroactif que ne justifierait aucun motif d'intérêt général ; qu'enfin, une rupture de l'égalité devant les charges publiques résulterait du fait que " seuls les ouvrages construits après le 1er janvier 1996 ouvriront droit à déduction ", alors que " tous les péages perçus... seront soumis à la TVA dès le 1er janvier 2001 " et que des sociétés ont construit l'essentiel de leurs ouvrages avant 1996 ;7. Considérant que la disposition contestée, qui ne constitue ni une mesure de validation ni une disposition fiscale rétroactive, a pour seul objet et pour seul effet de permettre aux exploitants d'obtenir, s'ils y trouvent un intérêt financier, la reconstitution de leur situation au regard du nouveau régime de la taxe sur la valeur ajoutée pour la période comprise entre le 1er janvier 1996 et le 12 septembre 2000 ; que, s'il en résulte que seule
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Loi de finances rectificative pour 2000
la loi, et en déterminant par avance dans la loi le résultat de ces contentieux ", l'article 2 méconnaîtrait le droit au recours qui découle de l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que serait également méconnue l'autorité qui s'attache à la chose jugée par la Cour de justice des communautés européennes, le contribuable ayant droit " à la pleine application d'une décision de justice " ; que la compensation opérée par le législateur entre la taxe sur la valeur ajoutée collectée sur les péages et la taxe sur la valeur ajoutée déductible constituerait une validation législative et un dispositif fiscal rétroactif que ne justifierait aucun motif d'intérêt général ; qu'enfin, une rupture de l'égalité devant les charges publiques résulterait du fait que " seuls les ouvrages construits après le 1er janvier 1996 ouvriront droit à déduction ", alors que " tous les péages perçus... seront soumis à la TVA dès le 1er janvier 2001 " et que des sociétés ont construit l'essentiel de leurs ouvrages avant 1996 ;7. Considérant que la disposition contestée, qui ne constitue ni une mesure de validation ni une disposition fiscale rétroactive, a pour seul objet et pour seul effet de permettre aux exploitants d'obtenir, s'ils y trouvent un intérêt financier, la reconstitution de leur situation au regard du nouveau régime de la taxe sur la valeur ajoutée pour la période comprise entre le 1er janvier 1996 et le 12 septembre 2000 ; que, s'il en résulte que seule
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CONSTEXT000017664353_9
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CONSTEXT000017664353
| 9
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bfa367aaed3552ee
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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de leur situation au regard du nouveau régime de la taxe sur la valeur ajoutée pour la période comprise entre le 1er janvier 1996 et le 12 septembre 2000 ; que, s'il en résulte que seule la taxe sur la valeur ajoutée grevant les travaux réalisés à compter du 1er janvier 1996 sur des ouvrages mis en service avant le 12 septembre 2000 ouvre droit à cette déduction, cette limitation dans le temps des droits à réclamation, au demeurant conforme au droit commun des réclamations tel qu'il résulte de l'article L. 190 du livre des procédures fiscales, ne porte pas au droit au recours une atteinte contraire à l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que, par ailleurs, ces dispositions n'entraînent aucune rupture d'égalité dès lors qu'elles s'appliquent dans les mêmes conditions à tous les exploitants se trouvant dans la même situation ; que la circonstance que certaines entreprises, ayant réalisé l'essentiel de leurs travaux avant le 1er janvier 1996, ne bénéficient pas des droits à déduction afférents aux travaux réalisés avant cette date n'entraîne aucune rupture d'égalité, dès lors qu'elles se trouvent dans une situation différente ; que, par suite, l'article 2 n'est contraire à aucun principe ni à aucune règle de valeur constitutionnelle ;- SUR L'ARTICLE 3 :8. Considérant que l'article 3 de la loi déférée affecte au fonds de financement de la réforme des cotisations patronales de sécurité sociale le reliquat du droit de consommation sur les
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Loi de finances rectificative pour 2000
de leur situation au regard du nouveau régime de la taxe sur la valeur ajoutée pour la période comprise entre le 1er janvier 1996 et le 12 septembre 2000 ; que, s'il en résulte que seule la taxe sur la valeur ajoutée grevant les travaux réalisés à compter du 1er janvier 1996 sur des ouvrages mis en service avant le 12 septembre 2000 ouvre droit à cette déduction, cette limitation dans le temps des droits à réclamation, au demeurant conforme au droit commun des réclamations tel qu'il résulte de l'article L. 190 du livre des procédures fiscales, ne porte pas au droit au recours une atteinte contraire à l'article 16 de la Déclaration des droits de l'homme et du citoyen de 1789 ; que, par ailleurs, ces dispositions n'entraînent aucune rupture d'égalité dès lors qu'elles s'appliquent dans les mêmes conditions à tous les exploitants se trouvant dans la même situation ; que la circonstance que certaines entreprises, ayant réalisé l'essentiel de leurs travaux avant le 1er janvier 1996, ne bénéficient pas des droits à déduction afférents aux travaux réalisés avant cette date n'entraîne aucune rupture d'égalité, dès lors qu'elles se trouvent dans une situation différente ; que, par suite, l'article 2 n'est contraire à aucun principe ni à aucune règle de valeur constitutionnelle ;- SUR L'ARTICLE 3 :8. Considérant que l'article 3 de la loi déférée affecte au fonds de financement de la réforme des cotisations patronales de sécurité sociale le reliquat du droit de consommation sur les
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CONSTEXT000017664353_10
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CONSTEXT000017664353
| 10
|
e591ab8f4dcd921b
|
DC
|
Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
|
L'ARTICLE 3 :8. Considérant que l'article 3 de la loi déférée affecte au fonds de financement de la réforme des cotisations patronales de sécurité sociale le reliquat du droit de consommation sur les tabacs manufacturés perçu par l'Etat au titre de l'année 2000 ;9. Considérant que, selon les sénateurs requérants, l'article 3 ne respecterait pas les dispositions de l'article L.O. 111-3 du code de la sécurité sociale dans la mesure où il méconnaîtrait le champ respectif des lois de finances et des lois de financement de la sécurité sociale, " une loi de finances ne pouvant modifier une mesure contenue dans une loi de financement de la sécurité sociale " ;10. Considérant qu'aux termes du deuxième alinéa du II de l'article L.O. 111-3 du code de la sécurité sociale : " Seules les lois de financement peuvent modifier les dispositions prises en vertu des 1° à 5° du I " ; que cette dernière disposition a pour objet de faire obstacle à ce que les conditions générales de l'équilibre financier, telles qu'elles résultent de la loi de financement de la sécurité sociale de l'année, modifiée le cas échéant, par des lois de financement rectificatives, ne soient affectées par l'application de textes législatifs ou réglementaires dont les incidences sur les conditions de cet équilibre, dans le cadre de l'année, n'auraient pu au préalable, être appréciées et prises en compte par une des lois de financement susmentionnées ;11. Considérant que le transfert du reliquat du produit du droit de
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Loi de finances rectificative pour 2000
L'ARTICLE 3 :8. Considérant que l'article 3 de la loi déférée affecte au fonds de financement de la réforme des cotisations patronales de sécurité sociale le reliquat du droit de consommation sur les tabacs manufacturés perçu par l'Etat au titre de l'année 2000 ;9. Considérant que, selon les sénateurs requérants, l'article 3 ne respecterait pas les dispositions de l'article L.O. 111-3 du code de la sécurité sociale dans la mesure où il méconnaîtrait le champ respectif des lois de finances et des lois de financement de la sécurité sociale, " une loi de finances ne pouvant modifier une mesure contenue dans une loi de financement de la sécurité sociale " ;10. Considérant qu'aux termes du deuxième alinéa du II de l'article L.O. 111-3 du code de la sécurité sociale : " Seules les lois de financement peuvent modifier les dispositions prises en vertu des 1° à 5° du I " ; que cette dernière disposition a pour objet de faire obstacle à ce que les conditions générales de l'équilibre financier, telles qu'elles résultent de la loi de financement de la sécurité sociale de l'année, modifiée le cas échéant, par des lois de financement rectificatives, ne soient affectées par l'application de textes législatifs ou réglementaires dont les incidences sur les conditions de cet équilibre, dans le cadre de l'année, n'auraient pu au préalable, être appréciées et prises en compte par une des lois de financement susmentionnées ;11. Considérant que le transfert du reliquat du produit du droit de
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CONSTEXT000017664353_11
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CONSTEXT000017664353
| 11
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f35451d7a7f6063d
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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cadre de l'année, n'auraient pu au préalable, être appréciées et prises en compte par une des lois de financement susmentionnées ;11. Considérant que le transfert du reliquat du produit du droit de consommation sur les tabacs du budget de l'Etat vers le fonds de financement de la réforme des cotisations patronales de sécurité sociale est évalué à trois milliards de francs ; que ce transfert affecterait les conditions générales de l'équilibre financier de la sécurité sociale pour l'année 2000, alors qu'aucune loi de financement de la sécurité sociale n'a pris en compte cette incidence et qu'aucune ne pourra plus le faire d'ici à la fin de l'exercice ; qu'il convient à cet égard de relever que le IX de l'article 16 de la loi susvisée du 23 décembre 2000 de financement de la sécurité sociale pour 2001 rend seulement applicable, dès le 1er janvier 2000, l'affectation des droits sur les boissons au fonds de financement de la réforme des cotisations patronales de sécurité sociale ;12. Considérant, en conséquence, que l'article 3 de la loi déférée doit être déclaré non conforme à la Constitution comme contraire aux dispositions de l'article L.O. 111-3 du code de la sécurité sociale ;- SUR L'ARTICLE 4 :13. Considérant que l'article 4 de la loi déférée majore de 350 millions de francs le prélèvement opéré sur le produit de la contribution sociale des sociétés au profit du budget annexe des prestations sociales agricoles pour 2000 ; que cette disposition a pour effet de diminuer du
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Loi de finances rectificative pour 2000
cadre de l'année, n'auraient pu au préalable, être appréciées et prises en compte par une des lois de financement susmentionnées ;11. Considérant que le transfert du reliquat du produit du droit de consommation sur les tabacs du budget de l'Etat vers le fonds de financement de la réforme des cotisations patronales de sécurité sociale est évalué à trois milliards de francs ; que ce transfert affecterait les conditions générales de l'équilibre financier de la sécurité sociale pour l'année 2000, alors qu'aucune loi de financement de la sécurité sociale n'a pris en compte cette incidence et qu'aucune ne pourra plus le faire d'ici à la fin de l'exercice ; qu'il convient à cet égard de relever que le IX de l'article 16 de la loi susvisée du 23 décembre 2000 de financement de la sécurité sociale pour 2001 rend seulement applicable, dès le 1er janvier 2000, l'affectation des droits sur les boissons au fonds de financement de la réforme des cotisations patronales de sécurité sociale ;12. Considérant, en conséquence, que l'article 3 de la loi déférée doit être déclaré non conforme à la Constitution comme contraire aux dispositions de l'article L.O. 111-3 du code de la sécurité sociale ;- SUR L'ARTICLE 4 :13. Considérant que l'article 4 de la loi déférée majore de 350 millions de francs le prélèvement opéré sur le produit de la contribution sociale des sociétés au profit du budget annexe des prestations sociales agricoles pour 2000 ; que cette disposition a pour effet de diminuer du
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CONSTEXT000017664353_12
|
CONSTEXT000017664353
| 12
|
6444ab62a3544931
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
|
le prélèvement opéré sur le produit de la contribution sociale des sociétés au profit du budget annexe des prestations sociales agricoles pour 2000 ; que cette disposition a pour effet de diminuer du même montant les ressources affectées au fonds de solidarité vieillesse ;14. Considérant que les sénateurs auteurs de la requête soutiennent que " cette disposition aurait dû être adoptée en loi de financement " et qu'" en modifiant les prévisions de recettes de la loi de financement de la sécurité sociale pour 2000 ", le législateur n'aurait pas respecté l'article L.O. 111-3 du code de la sécurité sociale ;15. Considérant que la mesure prévue par l'article critiqué, qui trouve sa place dans une loi de finances, n'a pas sur les conditions générales de l'équilibre financier de la sécurité sociale pour l'année 2000 une incidence telle qu'elle aurait dû, au préalable, être prise en compte par une loi de financement de la sécurité sociale ; que le grief tiré du non respect de l'article L.O. 111-3 du code de la sécurité sociale doit donc être rejeté ;- SUR L'ARTICLE 6 :16. Considérant que le I de l'article 6 a pour objet de procéder, à hauteur de 13 millions de francs, à un abandon de créances détenues par l'Etat sur la Société nouvelle du journal l'Humanité, au titre des prêts participatifs accordés en 1990 et 1993, imputés sur le compte spécial du Trésor intitulé " Prêts du Fonds de développement économique et social " ; que sont également abandonnés les intérêts contractuels
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Loi de finances rectificative pour 2000
le prélèvement opéré sur le produit de la contribution sociale des sociétés au profit du budget annexe des prestations sociales agricoles pour 2000 ; que cette disposition a pour effet de diminuer du même montant les ressources affectées au fonds de solidarité vieillesse ;14. Considérant que les sénateurs auteurs de la requête soutiennent que " cette disposition aurait dû être adoptée en loi de financement " et qu'" en modifiant les prévisions de recettes de la loi de financement de la sécurité sociale pour 2000 ", le législateur n'aurait pas respecté l'article L.O. 111-3 du code de la sécurité sociale ;15. Considérant que la mesure prévue par l'article critiqué, qui trouve sa place dans une loi de finances, n'a pas sur les conditions générales de l'équilibre financier de la sécurité sociale pour l'année 2000 une incidence telle qu'elle aurait dû, au préalable, être prise en compte par une loi de financement de la sécurité sociale ; que le grief tiré du non respect de l'article L.O. 111-3 du code de la sécurité sociale doit donc être rejeté ;- SUR L'ARTICLE 6 :16. Considérant que le I de l'article 6 a pour objet de procéder, à hauteur de 13 millions de francs, à un abandon de créances détenues par l'Etat sur la Société nouvelle du journal l'Humanité, au titre des prêts participatifs accordés en 1990 et 1993, imputés sur le compte spécial du Trésor intitulé " Prêts du Fonds de développement économique et social " ; que sont également abandonnés les intérêts contractuels
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CONSTEXT000017664353_13
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CONSTEXT000017664353
| 13
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83b9bad5d25181ed
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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accordés en 1990 et 1993, imputés sur le compte spécial du Trésor intitulé " Prêts du Fonds de développement économique et social " ; que sont également abandonnés les intérêts contractuels courus et échus des échéances de 1999 et de 2000 ;17. Considérant que les députés requérants soutiennent que le " sort particulier " réservé au quotidien l'Humanité, " qui favorise un journal de la presse d'opinion par rapport aux autres ", porte atteinte au principe d'égalité ;18. Considérant que la disposition contestée accorde une remise partielle de dettes à une entreprise en difficulté ; qu'une telle aide n'est pas inhabituelle s'agissant d'entreprises ayant bénéficié de prêts du fonds de développement économique et social ; qu'elle participe au surplus de la volonté de préserver le pluralisme des quotidiens d'information politique et générale, qui constitue un objectif de valeur constitutionnelle ; que, par suite, le grief tiré d'une rupture d'égalité doit être rejeté ;- SUR L'ARTICLE 8 :19. Considérant que cet article a pour objet de créer un compte de commerce destiné à retracer les opérations de " gestion active " de la dette et de la trésorerie de l'Etat effectuées au moyen d'instruments financiers à terme ;20. Considérant que manque en fait le grief, présenté par les sénateurs requérants, selon lequel cet article ne comporterait pas d'évaluation des recettes et des dépenses du compte nouvellement créé ; qu'en tout état de cause, en vertu de l'article 26 de l'ordonnance du 2
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Loi de finances rectificative pour 2000
accordés en 1990 et 1993, imputés sur le compte spécial du Trésor intitulé " Prêts du Fonds de développement économique et social " ; que sont également abandonnés les intérêts contractuels courus et échus des échéances de 1999 et de 2000 ;17. Considérant que les députés requérants soutiennent que le " sort particulier " réservé au quotidien l'Humanité, " qui favorise un journal de la presse d'opinion par rapport aux autres ", porte atteinte au principe d'égalité ;18. Considérant que la disposition contestée accorde une remise partielle de dettes à une entreprise en difficulté ; qu'une telle aide n'est pas inhabituelle s'agissant d'entreprises ayant bénéficié de prêts du fonds de développement économique et social ; qu'elle participe au surplus de la volonté de préserver le pluralisme des quotidiens d'information politique et générale, qui constitue un objectif de valeur constitutionnelle ; que, par suite, le grief tiré d'une rupture d'égalité doit être rejeté ;- SUR L'ARTICLE 8 :19. Considérant que cet article a pour objet de créer un compte de commerce destiné à retracer les opérations de " gestion active " de la dette et de la trésorerie de l'Etat effectuées au moyen d'instruments financiers à terme ;20. Considérant que manque en fait le grief, présenté par les sénateurs requérants, selon lequel cet article ne comporterait pas d'évaluation des recettes et des dépenses du compte nouvellement créé ; qu'en tout état de cause, en vertu de l'article 26 de l'ordonnance du 2
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CONSTEXT000017664353_14
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CONSTEXT000017664353
| 14
|
24052c71c9a0b879
|
DC
|
Non conformité partielle
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Loi de finances rectificative pour 2000
|
2000-441
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2000-12-28
|
selon lequel cet article ne comporterait pas d'évaluation des recettes et des dépenses du compte nouvellement créé ; qu'en tout état de cause, en vertu de l'article 26 de l'ordonnance du 2 janvier 1959 susvisée, seules l'évaluation des dépenses et la fixation du découvert autorisé doivent figurer, comme c'est le cas en l'espèce, dans la loi de finances ;- SUR L'ARTICLE 16 :21. Considérant que l'article 16 ouvre un " crédit de paiement de dépenses de fonctionnement " sur le compte de " Prêts du Trésor à des Etats étrangers et à l'Agence française de développement en vue de favoriser le développement économique et social " ; que, selon les sénateurs requérants, cette ouverture de crédits, dont le rattachement ne serait pas conforme à la nomenclature budgétaire, aurait dû être imputée sur le " Compte d'affectation des produits de cessions de titres, parts et droits de sociétés " ;22. Considérant qu'il résulte de l'article critiqué que les crédits qu'il ouvre s'imputent sur le chapitre intitulé " Prêts à l'Agence française de développement pour des opérations de développement économique et social dans des Etats étrangers " ; qu'ils sont dès lors destinés à une opération de prêt et non à une dotation en capital ; qu'ainsi, le grief manque en fait ;- SUR L'ARTICLE 35 :23. Considérant que le I de l'article 35 de la loi déférée modifie l'article 302 bis ZD du code général des impôts ; qu'il relève les limites de taux de la taxe sur les achats de viande et son seuil d'exonération ;
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Loi de finances rectificative pour 2000
selon lequel cet article ne comporterait pas d'évaluation des recettes et des dépenses du compte nouvellement créé ; qu'en tout état de cause, en vertu de l'article 26 de l'ordonnance du 2 janvier 1959 susvisée, seules l'évaluation des dépenses et la fixation du découvert autorisé doivent figurer, comme c'est le cas en l'espèce, dans la loi de finances ;- SUR L'ARTICLE 16 :21. Considérant que l'article 16 ouvre un " crédit de paiement de dépenses de fonctionnement " sur le compte de " Prêts du Trésor à des Etats étrangers et à l'Agence française de développement en vue de favoriser le développement économique et social " ; que, selon les sénateurs requérants, cette ouverture de crédits, dont le rattachement ne serait pas conforme à la nomenclature budgétaire, aurait dû être imputée sur le " Compte d'affectation des produits de cessions de titres, parts et droits de sociétés " ;22. Considérant qu'il résulte de l'article critiqué que les crédits qu'il ouvre s'imputent sur le chapitre intitulé " Prêts à l'Agence française de développement pour des opérations de développement économique et social dans des Etats étrangers " ; qu'ils sont dès lors destinés à une opération de prêt et non à une dotation en capital ; qu'ainsi, le grief manque en fait ;- SUR L'ARTICLE 35 :23. Considérant que le I de l'article 35 de la loi déférée modifie l'article 302 bis ZD du code général des impôts ; qu'il relève les limites de taux de la taxe sur les achats de viande et son seuil d'exonération ;
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CONSTEXT000017664353_15
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CONSTEXT000017664353
| 15
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bb212b7328471738
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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que le I de l'article 35 de la loi déférée modifie l'article 302 bis ZD du code général des impôts ; qu'il relève les limites de taux de la taxe sur les achats de viande et son seuil d'exonération ; qu'il étend cette taxe aux achats d'" autres produits à base de viande " ; que le II affecte le produit de la taxe au budget général à compter du 1er janvier 2001 ;24. Considérant que les sénateurs requérants soutiennent que cet article méconnaîtrait à plusieurs titres le principe d'égalité devant l'impôt ; qu'en taxant " essentiellement les moyennes et grandes surfaces de distribution ", il créerait une discrimination injustifiée au regard de la destination de cette taxe ; qu'en outre, le taux de celle-ci serait confiscatoire en raison du niveau de marge des redevables ; que le critère d'assujettissement en fonction du chiffre d'affaire global serait non pertinent et " étranger à la capacité contributive " des intéressés ;25. Considérant, par ailleurs, que, selon les requérants, les produits " à base de viande " n'étant pas définis avec précision, l'article serait entaché d'incompétence négative ;26. Considérant que le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;27. Considérant, en premier lieu, qu'à
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Loi de finances rectificative pour 2000
que le I de l'article 35 de la loi déférée modifie l'article 302 bis ZD du code général des impôts ; qu'il relève les limites de taux de la taxe sur les achats de viande et son seuil d'exonération ; qu'il étend cette taxe aux achats d'" autres produits à base de viande " ; que le II affecte le produit de la taxe au budget général à compter du 1er janvier 2001 ;24. Considérant que les sénateurs requérants soutiennent que cet article méconnaîtrait à plusieurs titres le principe d'égalité devant l'impôt ; qu'en taxant " essentiellement les moyennes et grandes surfaces de distribution ", il créerait une discrimination injustifiée au regard de la destination de cette taxe ; qu'en outre, le taux de celle-ci serait confiscatoire en raison du niveau de marge des redevables ; que le critère d'assujettissement en fonction du chiffre d'affaire global serait non pertinent et " étranger à la capacité contributive " des intéressés ;25. Considérant, par ailleurs, que, selon les requérants, les produits " à base de viande " n'étant pas définis avec précision, l'article serait entaché d'incompétence négative ;26. Considérant que le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;27. Considérant, en premier lieu, qu'à
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CONSTEXT000017664353_16
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CONSTEXT000017664353
| 16
|
8a5909460ccc8275
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
|
d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;27. Considérant, en premier lieu, qu'à compter du 1er janvier 2001, le produit de la taxe sur les achats de viande ne sera plus affecté au financement du service public de l'équarrissage, mais constituera une recette du budget général de l'Etat ; que sont dès lors inopérants les griefs tirés de ce que l'affectation de la taxe sur les achats de viande commanderait d'y soumettre les distributeurs de viande à raison des quantités vendues ;28. Considérant, en deuxième lieu, que les limites supérieures des taux d'imposition déterminées par le législateur n'ont pas un caractère confiscatoire ;29. Considérant, en troisième lieu, que la taxe en cause restera assise non sur le chiffre d'affaires des distributeurs, mais sur le montant de leurs achats ; que le législateur a entendu, en fixant le nouveau seuil d'exonération, simplifier les démarches et obligations des entreprises ; que la loi a pu, sans méconnaître le principe d'égalité, prévoir de n'assujettir au paiement de la taxe que les personnes réalisant un chiffre d'affaires supérieur au seuil qu'elle a fixé ;30. Considérant, en dernier lieu, que les " autres produits à base de viande " sont précisément définis par la directive susvisée du 10 février 1992, définition à laquelle le législateur s'est référé ; qu'ainsi, manque en fait le grief tiré de ce que le législateur
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Loi de finances rectificative pour 2000
d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;27. Considérant, en premier lieu, qu'à compter du 1er janvier 2001, le produit de la taxe sur les achats de viande ne sera plus affecté au financement du service public de l'équarrissage, mais constituera une recette du budget général de l'Etat ; que sont dès lors inopérants les griefs tirés de ce que l'affectation de la taxe sur les achats de viande commanderait d'y soumettre les distributeurs de viande à raison des quantités vendues ;28. Considérant, en deuxième lieu, que les limites supérieures des taux d'imposition déterminées par le législateur n'ont pas un caractère confiscatoire ;29. Considérant, en troisième lieu, que la taxe en cause restera assise non sur le chiffre d'affaires des distributeurs, mais sur le montant de leurs achats ; que le législateur a entendu, en fixant le nouveau seuil d'exonération, simplifier les démarches et obligations des entreprises ; que la loi a pu, sans méconnaître le principe d'égalité, prévoir de n'assujettir au paiement de la taxe que les personnes réalisant un chiffre d'affaires supérieur au seuil qu'elle a fixé ;30. Considérant, en dernier lieu, que les " autres produits à base de viande " sont précisément définis par la directive susvisée du 10 février 1992, définition à laquelle le législateur s'est référé ; qu'ainsi, manque en fait le grief tiré de ce que le législateur
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CONSTEXT000017664353_17
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CONSTEXT000017664353
| 17
|
248664fedf1a81eb
|
DC
|
Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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de viande " sont précisément définis par la directive susvisée du 10 février 1992, définition à laquelle le législateur s'est référé ; qu'ainsi, manque en fait le grief tiré de ce que le législateur serait resté en-deçà de sa compétence en ne définissant pas ces produits avec une précision suffisante ;31. Considérant qu'il résulte de ce qui précède que doivent être rejetés les griefs soulevés à l'encontre de l'article 35 ;- SUR L'ARTICLE 37 :32. Considérant que le I de l'article 37 de la loi déférée étend la taxe générale sur les activités polluantes instituée à l'article 266 sexies du code des douanes à l'électricité et aux produits énergétiques fossiles ; qu'il fixe l'assiette, le barème, les cas d'exonération et les modalités de recouvrement de cette taxe ;33. Considérant que les deux saisines font notamment grief à ces dispositions de porter atteinte à divers titres au principe d'égalité devant l'impôt ;34. Considérant que, conformément à l'article 34 de la Constitution, il appartient au législateur de déterminer, dans le respect des principes constitutionnels et compte tenu des caractéristiques de chaque impôt, les règles selon lesquelles doivent être assujettis les contribuables ; que le principe d'égalité ne fait pas obstacle à ce que soient établies des impositions spécifiques ayant pour objet d'inciter les redevables à adopter des comportements conformes à des objectifs d'intérêt général, pourvu que les règles qu'il fixe à cet effet soient justifiées au regard
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Loi de finances rectificative pour 2000
de viande " sont précisément définis par la directive susvisée du 10 février 1992, définition à laquelle le législateur s'est référé ; qu'ainsi, manque en fait le grief tiré de ce que le législateur serait resté en-deçà de sa compétence en ne définissant pas ces produits avec une précision suffisante ;31. Considérant qu'il résulte de ce qui précède que doivent être rejetés les griefs soulevés à l'encontre de l'article 35 ;- SUR L'ARTICLE 37 :32. Considérant que le I de l'article 37 de la loi déférée étend la taxe générale sur les activités polluantes instituée à l'article 266 sexies du code des douanes à l'électricité et aux produits énergétiques fossiles ; qu'il fixe l'assiette, le barème, les cas d'exonération et les modalités de recouvrement de cette taxe ;33. Considérant que les deux saisines font notamment grief à ces dispositions de porter atteinte à divers titres au principe d'égalité devant l'impôt ;34. Considérant que, conformément à l'article 34 de la Constitution, il appartient au législateur de déterminer, dans le respect des principes constitutionnels et compte tenu des caractéristiques de chaque impôt, les règles selon lesquelles doivent être assujettis les contribuables ; que le principe d'égalité ne fait pas obstacle à ce que soient établies des impositions spécifiques ayant pour objet d'inciter les redevables à adopter des comportements conformes à des objectifs d'intérêt général, pourvu que les règles qu'il fixe à cet effet soient justifiées au regard
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CONSTEXT000017664353_18
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CONSTEXT000017664353
| 18
|
3553b9c5775a9ea4
|
DC
|
Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
|
spécifiques ayant pour objet d'inciter les redevables à adopter des comportements conformes à des objectifs d'intérêt général, pourvu que les règles qu'il fixe à cet effet soient justifiées au regard desdits objectifs ;35. Considérant qu'il ressort tant de l'exposé des motifs de la loi déférée que des débats parlementaires à l'issue desquels a été adopté l'article 37 que l'objectif de la mesure est, dans le cadre des engagements internationaux de la France, de renforcer la lutte contre l'" effet de serre " en incitant les entreprises à maîtriser leur consommation de produits énergétiques ; que c'est en fonction de l'adéquation des dispositions critiquées à cet objectif d'intérêt général qu'il convient de répondre aux griefs tirés de la rupture de l'égalité devant l'impôt ;36. Considérant, d'une part, que les modalités de calcul de la taxe arrêtées par l'article 37 pourraient conduire à ce qu'une entreprise soit taxée plus fortement qu'une entreprise analogue, alors même qu'elle aurait contribué de façon moindre au rejet de gaz carbonique dans l'atmosphère ;37. Considérant, d'autre part, qu'il est prévu de soumettre l'électricité à la taxe, alors pourtant qu'en raison de la nature des sources de production de l'électricité en France, la consommation d'électricité contribue très faiblement au rejet de gaz carbonique et permet, par substitution à celle des produits énergétiques fossiles, de lutter contre l'" effet de serre " ;38. Considérant, dans ces conditions, que les
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Loi de finances rectificative pour 2000
spécifiques ayant pour objet d'inciter les redevables à adopter des comportements conformes à des objectifs d'intérêt général, pourvu que les règles qu'il fixe à cet effet soient justifiées au regard desdits objectifs ;35. Considérant qu'il ressort tant de l'exposé des motifs de la loi déférée que des débats parlementaires à l'issue desquels a été adopté l'article 37 que l'objectif de la mesure est, dans le cadre des engagements internationaux de la France, de renforcer la lutte contre l'" effet de serre " en incitant les entreprises à maîtriser leur consommation de produits énergétiques ; que c'est en fonction de l'adéquation des dispositions critiquées à cet objectif d'intérêt général qu'il convient de répondre aux griefs tirés de la rupture de l'égalité devant l'impôt ;36. Considérant, d'une part, que les modalités de calcul de la taxe arrêtées par l'article 37 pourraient conduire à ce qu'une entreprise soit taxée plus fortement qu'une entreprise analogue, alors même qu'elle aurait contribué de façon moindre au rejet de gaz carbonique dans l'atmosphère ;37. Considérant, d'autre part, qu'il est prévu de soumettre l'électricité à la taxe, alors pourtant qu'en raison de la nature des sources de production de l'électricité en France, la consommation d'électricité contribue très faiblement au rejet de gaz carbonique et permet, par substitution à celle des produits énergétiques fossiles, de lutter contre l'" effet de serre " ;38. Considérant, dans ces conditions, que les
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CONSTEXT000017664353_19
|
CONSTEXT000017664353
| 19
|
0cf2327096026131
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
|
2000-441
|
2000-12-28
|
très faiblement au rejet de gaz carbonique et permet, par substitution à celle des produits énergétiques fossiles, de lutter contre l'" effet de serre " ;38. Considérant, dans ces conditions, que les différences de traitement qui résulteraient de l'application de la loi ne sont pas en rapport avec l'objectif que s'est assigné le législateur ; que les dispositions en cause sont dès lors contraires au principe d'égalité devant l'impôt ; que les autres dispositions du I en sont inséparables ; qu'il y a lieu, par suite, de déclarer le I de l'article 37 contraire à la Constitution et, par voie de conséquence, ses II et III ;- SUR L'ARTICLE 48 :39. Considérant que l'article 48 prévoit que les opérateurs autorisés en application des articles L. 33-1 et L. 34-1 du code des postes et télécommunications " mettent en place et assurent la mise en oeuvre des moyens nécessaires aux interceptions justifiées par les nécessités de la sécurité publique. Les investissements réalisés à cette fin sont à leur charge " ; qu'il dispose en outre que " L'Etat participe au financement des charges d'exploitation supportées par les opérateurs pour la mise en oeuvre des moyens nécessaires dans des conditions déterminées par décret en Conseil d'Etat " ;40. Considérant qu'il est fait grief à cet article par les deux saisines de mettre à la charge des opérateurs la totalité du coût des investissements nécessaires à la pratique des interceptions , ainsi qu'une partie des charges d'exploitation
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Loi de finances rectificative pour 2000
très faiblement au rejet de gaz carbonique et permet, par substitution à celle des produits énergétiques fossiles, de lutter contre l'" effet de serre " ;38. Considérant, dans ces conditions, que les différences de traitement qui résulteraient de l'application de la loi ne sont pas en rapport avec l'objectif que s'est assigné le législateur ; que les dispositions en cause sont dès lors contraires au principe d'égalité devant l'impôt ; que les autres dispositions du I en sont inséparables ; qu'il y a lieu, par suite, de déclarer le I de l'article 37 contraire à la Constitution et, par voie de conséquence, ses II et III ;- SUR L'ARTICLE 48 :39. Considérant que l'article 48 prévoit que les opérateurs autorisés en application des articles L. 33-1 et L. 34-1 du code des postes et télécommunications " mettent en place et assurent la mise en oeuvre des moyens nécessaires aux interceptions justifiées par les nécessités de la sécurité publique. Les investissements réalisés à cette fin sont à leur charge " ; qu'il dispose en outre que " L'Etat participe au financement des charges d'exploitation supportées par les opérateurs pour la mise en oeuvre des moyens nécessaires dans des conditions déterminées par décret en Conseil d'Etat " ;40. Considérant qu'il est fait grief à cet article par les deux saisines de mettre à la charge des opérateurs la totalité du coût des investissements nécessaires à la pratique des interceptions , ainsi qu'une partie des charges d'exploitation
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CONSTEXT000017664353_20
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CONSTEXT000017664353
| 20
|
4b595ae34d71d9f3
|
DC
|
Non conformité partielle
|
Loi de finances rectificative pour 2000
|
2000-441
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2000-12-28
|
article par les deux saisines de mettre à la charge des opérateurs la totalité du coût des investissements nécessaires à la pratique des interceptions , ainsi qu'une partie des charges d'exploitation correspondantes ; que, selon les requérants, ces dispositions rompent l'égalité devant les charges publiques ;41. Considérant que, s'il est loisible au législateur, dans le respect des libertés constitutionnellement garanties, d'imposer aux opérateurs de réseaux de télécommunications de mettre en place et de faire fonctionner les dispositifs techniques permettant les interceptions justifiées par les nécessités de la sécurité publique, le concours ainsi apporté à la sauvegarde de l'ordre public, dans l'intérêt général de la population, est étranger à l'exploitation des réseaux de télécommunications ; que les dépenses en résultant ne sauraient dès lors, en raison de leur nature, incomber directement aux opérateurs ;42. Considérant qu'il résulte de ce qui précède qu'il y a lieu de déclarer contraire à la Constitution la deuxième phrase du deuxième alinéa et le troisième alinéa du I de l'article 48, ainsi que le II du même article ; que demeurent en conséquence applicables les dispositions de l'article L. 35-6 du code des postes et télécommunications aux termes desquelles : " Les prescriptions exigées par la défense et la sécurité publique et les garanties d'une juste rémunération des prestations assurées à ce titre, à la demande de l'Etat, par les opérateurs autorisés en
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Loi de finances rectificative pour 2000
article par les deux saisines de mettre à la charge des opérateurs la totalité du coût des investissements nécessaires à la pratique des interceptions , ainsi qu'une partie des charges d'exploitation correspondantes ; que, selon les requérants, ces dispositions rompent l'égalité devant les charges publiques ;41. Considérant que, s'il est loisible au législateur, dans le respect des libertés constitutionnellement garanties, d'imposer aux opérateurs de réseaux de télécommunications de mettre en place et de faire fonctionner les dispositifs techniques permettant les interceptions justifiées par les nécessités de la sécurité publique, le concours ainsi apporté à la sauvegarde de l'ordre public, dans l'intérêt général de la population, est étranger à l'exploitation des réseaux de télécommunications ; que les dépenses en résultant ne sauraient dès lors, en raison de leur nature, incomber directement aux opérateurs ;42. Considérant qu'il résulte de ce qui précède qu'il y a lieu de déclarer contraire à la Constitution la deuxième phrase du deuxième alinéa et le troisième alinéa du I de l'article 48, ainsi que le II du même article ; que demeurent en conséquence applicables les dispositions de l'article L. 35-6 du code des postes et télécommunications aux termes desquelles : " Les prescriptions exigées par la défense et la sécurité publique et les garanties d'une juste rémunération des prestations assurées à ce titre, à la demande de l'Etat, par les opérateurs autorisés en
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CONSTEXT000017664353_21
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CONSTEXT000017664353
| 21
|
450e5c73e992dc96
|
DC
|
Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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Les prescriptions exigées par la défense et la sécurité publique et les garanties d'une juste rémunération des prestations assurées à ce titre, à la demande de l'Etat, par les opérateurs autorisés en application des articles L. 33-1 et L. 34-1 sont déterminées par leur cahier des charges " ;- SUR L'ARTICLE 64 :43. Considérant qu'aux termes du premier paragraphe du I de l'article 64 : " Les exploitants agricoles installés en Corse et affiliés auprès de la caisse de mutualité sociale agricole de Corse au 1er janvier 2001, dont la viabilité économique de l'exploitation a été démontrée par un audit, qui sont à jour de leurs cotisations sociales se rapportant aux périodes d'activité postérieures au 31 décembre 1998 et qui ont renvoyé à la caisse de mutualité sociale agricole de Corse leur déclaration de revenus professionnels conformément aux dispositions en vigueur, peuvent demander, dans un délai de douze mois à compter de la publication de la présente loi, à la caisse de mutualité sociale agricole de Corse, à conclure un plan d'apurement de leurs dettes, antérieures au 1er janvier 1999, relatives aux cotisations patronales de sécurité sociale ainsi qu'aux pénalités et majorations de retard correspondantes. Cette demande entraîne de plein droit une suspension des poursuites engagées par la caisse afférentes auxdites dettes... " ; qu'il résulte du II du même article que le plan d'apurement peut comporter des mesures de report et de rééchelonnement des paiements des dettes de
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Loi de finances rectificative pour 2000
Les prescriptions exigées par la défense et la sécurité publique et les garanties d'une juste rémunération des prestations assurées à ce titre, à la demande de l'Etat, par les opérateurs autorisés en application des articles L. 33-1 et L. 34-1 sont déterminées par leur cahier des charges " ;- SUR L'ARTICLE 64 :43. Considérant qu'aux termes du premier paragraphe du I de l'article 64 : " Les exploitants agricoles installés en Corse et affiliés auprès de la caisse de mutualité sociale agricole de Corse au 1er janvier 2001, dont la viabilité économique de l'exploitation a été démontrée par un audit, qui sont à jour de leurs cotisations sociales se rapportant aux périodes d'activité postérieures au 31 décembre 1998 et qui ont renvoyé à la caisse de mutualité sociale agricole de Corse leur déclaration de revenus professionnels conformément aux dispositions en vigueur, peuvent demander, dans un délai de douze mois à compter de la publication de la présente loi, à la caisse de mutualité sociale agricole de Corse, à conclure un plan d'apurement de leurs dettes, antérieures au 1er janvier 1999, relatives aux cotisations patronales de sécurité sociale ainsi qu'aux pénalités et majorations de retard correspondantes. Cette demande entraîne de plein droit une suspension des poursuites engagées par la caisse afférentes auxdites dettes... " ; qu'il résulte du II du même article que le plan d'apurement peut comporter des mesures de report et de rééchelonnement des paiements des dettes de
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CONSTEXT000017664353_22
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CONSTEXT000017664353
| 22
|
05c100fe7565148e
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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par la caisse afférentes auxdites dettes... " ; qu'il résulte du II du même article que le plan d'apurement peut comporter des mesures de report et de rééchelonnement des paiements des dettes de cotisations patronales de sécurité sociale, des mesures de remise de ces mêmes dettes, ainsi que des réductions ou suppressions des majorations et pénalités de retard afférentes aux cotisations, même si le principal n'a pas été réglé ;44. Considérant que les sénateurs requérants font grief à ce dispositif de " créer une inégalité entre les exploitants agricoles installés en Corse et ceux du continent, ce qui est contraire au principe constitutionnel d'égalité des citoyens devant la loi " ; qu'ils font valoir que cette inégalité de traitement " ne peut être que difficilement justifiée par une différence fondamentale de situation " ;45. Considérant que le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;46. Considérant qu'il ne résulte ni des termes de la disposition contestée ni des travaux parlementaires qu'une situation particulière à la Corse justifierait que les exploitants agricoles qui y sont installés bénéficient, dans les conditions précisées ci-dessus, d'un plan d'apurement de leurs dettes sociales ; que la
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Loi de finances rectificative pour 2000
par la caisse afférentes auxdites dettes... " ; qu'il résulte du II du même article que le plan d'apurement peut comporter des mesures de report et de rééchelonnement des paiements des dettes de cotisations patronales de sécurité sociale, des mesures de remise de ces mêmes dettes, ainsi que des réductions ou suppressions des majorations et pénalités de retard afférentes aux cotisations, même si le principal n'a pas été réglé ;44. Considérant que les sénateurs requérants font grief à ce dispositif de " créer une inégalité entre les exploitants agricoles installés en Corse et ceux du continent, ce qui est contraire au principe constitutionnel d'égalité des citoyens devant la loi " ; qu'ils font valoir que cette inégalité de traitement " ne peut être que difficilement justifiée par une différence fondamentale de situation " ;45. Considérant que le principe d'égalité ne s'oppose ni à ce que le législateur règle de façon différente des situations différentes, ni à ce qu'il déroge à l'égalité pour des raisons d'intérêt général pourvu que, dans l'un et l'autre cas, la différence de traitement qui en résulte soit en rapport direct avec l'objet de la loi qui l'établit ;46. Considérant qu'il ne résulte ni des termes de la disposition contestée ni des travaux parlementaires qu'une situation particulière à la Corse justifierait que les exploitants agricoles qui y sont installés bénéficient, dans les conditions précisées ci-dessus, d'un plan d'apurement de leurs dettes sociales ; que la
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CONSTEXT000017664353_23
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CONSTEXT000017664353
| 23
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31f1f600956a25bd
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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particulière à la Corse justifierait que les exploitants agricoles qui y sont installés bénéficient, dans les conditions précisées ci-dessus, d'un plan d'apurement de leurs dettes sociales ; que la seule circonstance que les retards observés dans le paiement des cotisations sociales agricoles sont plus importants qu'ailleurs ne saurait justifier la différence de traitement entre les exploitants agricoles installés en Corse et ceux installés sur le continent qui seraient dans une situation analogue ; qu'en outre, ni la loi ni les travaux parlementaires n'évoquent un motif d'intérêt général de nature à fonder une telle différence de traitement ; que, dès lors, l'article 64 est contraire à la Constitution ;47. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune question de conformité à la Constitution,
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Loi de finances rectificative pour 2000
particulière à la Corse justifierait que les exploitants agricoles qui y sont installés bénéficient, dans les conditions précisées ci-dessus, d'un plan d'apurement de leurs dettes sociales ; que la seule circonstance que les retards observés dans le paiement des cotisations sociales agricoles sont plus importants qu'ailleurs ne saurait justifier la différence de traitement entre les exploitants agricoles installés en Corse et ceux installés sur le continent qui seraient dans une situation analogue ; qu'en outre, ni la loi ni les travaux parlementaires n'évoquent un motif d'intérêt général de nature à fonder une telle différence de traitement ; que, dès lors, l'article 64 est contraire à la Constitution ;47. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune question de conformité à la Constitution,
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CONSTEXT000017664353_24
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CONSTEXT000017664353
| 24
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b1473fe871914424
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DC
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Non conformité partielle
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Loi de finances rectificative pour 2000
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2000-441
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2000-12-28
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Décide :Article premier :Sont déclarées contraires à la Constitution les dispositions suivantes de la deuxième loi de finances rectificative pour 2000 : - l'article 3 ;- les I, II et III de l'article 37 ;- la deuxième phrase du deuxième alinéa et les deux derniers alinéas de l'article 48 ;- l'article 64.Article 2 :La présente décision sera publiée au Journal officiel de laRépublique française.
Délibéré par le Conseil constitutionnel dans sa séance du 28 décembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Loi de finances rectificative pour 2000
Décide :Article premier :Sont déclarées contraires à la Constitution les dispositions suivantes de la deuxième loi de finances rectificative pour 2000 : - l'article 3 ;- les I, II et III de l'article 37 ;- la deuxième phrase du deuxième alinéa et les deux derniers alinéas de l'article 48 ;- l'article 64.Article 2 :La présente décision sera publiée au Journal officiel de laRépublique française.
Délibéré par le Conseil constitutionnel dans sa séance du 28 décembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664354_1
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CONSTEXT000017664354
| 1
|
18dd5c3a9e68a1f7
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
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2000-442
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2000-12-28
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Le Conseil constitutionnel a été saisi, le 22 décembre 2000, par MM. Jean ARTHUIS, Denis BADRÉ, Jacques BAUDOT, Michel BÉCOT, Maurice BLIN, André BOHL, Jean-Pierre CANTEGRIT, Marcel DENEUX, Gérard DÉRIOT, Serge FRANCHIS, Yves FRÉVILLE, Francis GRIGNON, Pierre HÉRISSON, Daniel HOEFFEL, Jean-Jacques HYEST, Alain LAMBERT, Jacques MACHET, André MAMAN, René MARQUÈS, Philippe RICHERT, Xavier de VILLEPIN, Louis ALTHAPÉ, Jean BERNARD, Roger BESSE, Paul BLANC, Gérard BRAUN, Mme Paulette BRISEPIERRE, MM. Louis de BROISSIA, Michel CALDAGUÈS, Robert CALMÉJANE, Auguste CAZALET, Charles CECCALDI-RAYNAUD, Gérard CÉSAR, Jean CHÉRIOUX, Gérard CORNU, Charles de CUTTOLI, Jean-Paul DELEVOYE, Robert DEL PICCHIA, Charles DESCOURS, Paul DUBRULE, Alain DUFAUT, Daniel ECKENSPIELLER, Hilaire FLANDRE, Bernard FOURNIER, Philippe FRANÇOIS, Philippe de GAULLE, Patrice GÉLARD, Alain GÉRARD, François GERBAUD, Daniel GOULET, Alain GOURNAC, Georges GRUILLOT, Hubert HAENEL, Alain ETHENER, Jean-Paul HUGOT, André JOURDAIN, Roger KAROUTCHI, Lucien LANIER, Gérard LARCHER, Patrick LASSOURD, René-Georges LAURIN, Dominique LECLERC, Guy LEMAIRE, Philippe MARINI, Pierre MARTIN, Jean-Luc MIRAUX, Bernard MURAT, Paul NATALI, Mme Nelly OLIN, MM. Joseph OSTERMANN, Josselin de ROHAN, Louis SOUVET, Martial TAUGOURDEAU, René TRÉGOUËT, Alain VASSELLE, Jean-Pierre VIAL, Serge VINÇON, Nicolas ABOUT, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Jean DELANEAU, Jacques DOMINATI, Ambroise DUPONT, Jean-Léonce
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Loi de finances pour 2001
Le Conseil constitutionnel a été saisi, le 22 décembre 2000, par MM. Jean ARTHUIS, Denis BADRÉ, Jacques BAUDOT, Michel BÉCOT, Maurice BLIN, André BOHL, Jean-Pierre CANTEGRIT, Marcel DENEUX, Gérard DÉRIOT, Serge FRANCHIS, Yves FRÉVILLE, Francis GRIGNON, Pierre HÉRISSON, Daniel HOEFFEL, Jean-Jacques HYEST, Alain LAMBERT, Jacques MACHET, André MAMAN, René MARQUÈS, Philippe RICHERT, Xavier de VILLEPIN, Louis ALTHAPÉ, Jean BERNARD, Roger BESSE, Paul BLANC, Gérard BRAUN, Mme Paulette BRISEPIERRE, MM. Louis de BROISSIA, Michel CALDAGUÈS, Robert CALMÉJANE, Auguste CAZALET, Charles CECCALDI-RAYNAUD, Gérard CÉSAR, Jean CHÉRIOUX, Gérard CORNU, Charles de CUTTOLI, Jean-Paul DELEVOYE, Robert DEL PICCHIA, Charles DESCOURS, Paul DUBRULE, Alain DUFAUT, Daniel ECKENSPIELLER, Hilaire FLANDRE, Bernard FOURNIER, Philippe FRANÇOIS, Philippe de GAULLE, Patrice GÉLARD, Alain GÉRARD, François GERBAUD, Daniel GOULET, Alain GOURNAC, Georges GRUILLOT, Hubert HAENEL, Alain ETHENER, Jean-Paul HUGOT, André JOURDAIN, Roger KAROUTCHI, Lucien LANIER, Gérard LARCHER, Patrick LASSOURD, René-Georges LAURIN, Dominique LECLERC, Guy LEMAIRE, Philippe MARINI, Pierre MARTIN, Jean-Luc MIRAUX, Bernard MURAT, Paul NATALI, Mme Nelly OLIN, MM. Joseph OSTERMANN, Josselin de ROHAN, Louis SOUVET, Martial TAUGOURDEAU, René TRÉGOUËT, Alain VASSELLE, Jean-Pierre VIAL, Serge VINÇON, Nicolas ABOUT, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Jean DELANEAU, Jacques DOMINATI, Ambroise DUPONT, Jean-Léonce
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CONSTEXT000017664354_2
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CONSTEXT000017664354
| 2
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725aa27c0a5b21ab
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DC
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Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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Alain VASSELLE, Jean-Pierre VIAL, Serge VINÇON, Nicolas ABOUT, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Jean DELANEAU, Jacques DOMINATI, Ambroise DUPONT, Jean-Léonce DUPONT, Jean-Paul ÉMIN, Jean-Paul ÉMORINE, Hubert FALCO, André FERRAND, Louis GRILLOT, Jean-Philippe LACHENAUD, Serge MATHIEU, Philippe NACHBAR, Jean PÉPIN, Guy POIRIEUX, Ladislas PONIATOWSKI, Jean PUECH, Jean-Pierre RAFFARIN, Charles REVET, Louis-Ferdinand de ROCCA SERRA, Henri TORRE, François TRUCY, Georges BERCHET, Fernand DEMILLY, Jean-Pierre FOURCADE, Paul GIROD et Raymond SOUCARET, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi de finances pour 2001 ;
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Loi de finances pour 2001
Alain VASSELLE, Jean-Pierre VIAL, Serge VINÇON, Nicolas ABOUT, Christian BONNET, James BORDAS, Joël BOURDIN, Jean BOYER, Louis BOYER, Jean DELANEAU, Jacques DOMINATI, Ambroise DUPONT, Jean-Léonce DUPONT, Jean-Paul ÉMIN, Jean-Paul ÉMORINE, Hubert FALCO, André FERRAND, Louis GRILLOT, Jean-Philippe LACHENAUD, Serge MATHIEU, Philippe NACHBAR, Jean PÉPIN, Guy POIRIEUX, Ladislas PONIATOWSKI, Jean PUECH, Jean-Pierre RAFFARIN, Charles REVET, Louis-Ferdinand de ROCCA SERRA, Henri TORRE, François TRUCY, Georges BERCHET, Fernand DEMILLY, Jean-Pierre FOURCADE, Paul GIROD et Raymond SOUCARET, sénateurs, dans les conditions prévues à l'article 61, alinéa 2, de la Constitution, de la conformité à celle-ci de la loi de finances pour 2001 ;
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CONSTEXT000017664354_3
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CONSTEXT000017664354
| 3
|
22abde4ec1594a7a
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
|
2000-442
|
2000-12-28
|
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu le code général des impôts ;Vu le code des postes et télécommunications ;Vu le code de la santé publique ;Vu le code du domaine de l'Etat ;Vu le code de l'urbanisme ;Vu le code de la sécurité sociale ;Vu le code rural ;Vu le code général des collectivités territoriales ;Vu la décision du Conseil constitutionnel n° 99-424 DC du 29 décembre 1999 ;Vu la décision du Conseil constitutionnel n° 2000-437 DC du 19 décembre 2000 ;Vu le mémoire complémentaire présenté par les auteurs de la saisine, enregistré le 22 décembre 2000 ;Vu les observations du Gouvernement, enregistrées le 23 décembre 2000 ;Le rapporteur ayant été entendu ;
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Loi de finances pour 2001
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu l'ordonnance n° 59-2 du 2 janvier 1959 modifiée portant loi organique relative aux lois de finances ;Vu le code général des impôts ;Vu le code des postes et télécommunications ;Vu le code de la santé publique ;Vu le code du domaine de l'Etat ;Vu le code de l'urbanisme ;Vu le code de la sécurité sociale ;Vu le code rural ;Vu le code général des collectivités territoriales ;Vu la décision du Conseil constitutionnel n° 99-424 DC du 29 décembre 1999 ;Vu la décision du Conseil constitutionnel n° 2000-437 DC du 19 décembre 2000 ;Vu le mémoire complémentaire présenté par les auteurs de la saisine, enregistré le 22 décembre 2000 ;Vu les observations du Gouvernement, enregistrées le 23 décembre 2000 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664354_4
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CONSTEXT000017664354
| 4
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b9f35dc4336d0303
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DC
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Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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1. Considérant que les sénateurs auteurs de la saisine demandent au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de la loi de finances pour 2001 et contestent en particulier, en tout ou partie, ses articles 3, 6, 36, 46, 71, 85, 89 et 116 ;- SUR L'ARTICLE 3 :2. Considérant que cet article a pour objet de supprimer l'abattement annuel sur certains revenus de capitaux mobiliers prévu au troisième alinéa du 3 de l'article 158 du code général des impôts " lorsque le revenu net imposable excède, pour les contribuables célibataires, veufs ou divorcés, le montant mentionné à la dernière tranche du barème de l'impôt sur le revenu... " ; que " ce montant est doublé pour les contribuables mariés soumis à une imposition commune " ;3. Considérant que, selon les sénateurs requérants, cette disposition entraînerait une rupture caractérisée de l'égalité devant les charges publiques à trois titres ; qu'en premier lieu, les différences de traitement qu'elle institue seraient sans rapport avec la " finalité économique de la loi " qui est de " favoriser le développement de l'épargne " ; qu'en deuxième lieu, d'" importants effets de seuil " seraient à craindre ; qu'en troisième lieu, " l'imposition au taux marginal du barème de l'impôt sur le revenu n'est pas un critère objectif et rationnel de la capacité contributive et n'a été choisie qu'en raison du contexte politique de la mesure " ;4. Considérant qu'aux termes de l'article 13 de la Déclaration des droits de
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Loi de finances pour 2001
1. Considérant que les sénateurs auteurs de la saisine demandent au Conseil constitutionnel de se prononcer sur la conformité à la Constitution de la loi de finances pour 2001 et contestent en particulier, en tout ou partie, ses articles 3, 6, 36, 46, 71, 85, 89 et 116 ;- SUR L'ARTICLE 3 :2. Considérant que cet article a pour objet de supprimer l'abattement annuel sur certains revenus de capitaux mobiliers prévu au troisième alinéa du 3 de l'article 158 du code général des impôts " lorsque le revenu net imposable excède, pour les contribuables célibataires, veufs ou divorcés, le montant mentionné à la dernière tranche du barème de l'impôt sur le revenu... " ; que " ce montant est doublé pour les contribuables mariés soumis à une imposition commune " ;3. Considérant que, selon les sénateurs requérants, cette disposition entraînerait une rupture caractérisée de l'égalité devant les charges publiques à trois titres ; qu'en premier lieu, les différences de traitement qu'elle institue seraient sans rapport avec la " finalité économique de la loi " qui est de " favoriser le développement de l'épargne " ; qu'en deuxième lieu, d'" importants effets de seuil " seraient à craindre ; qu'en troisième lieu, " l'imposition au taux marginal du barème de l'impôt sur le revenu n'est pas un critère objectif et rationnel de la capacité contributive et n'a été choisie qu'en raison du contexte politique de la mesure " ;4. Considérant qu'aux termes de l'article 13 de la Déclaration des droits de
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CONSTEXT000017664354_5
|
CONSTEXT000017664354
| 5
|
19f03bb560801f6e
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
|
2000-442
|
2000-12-28
|
objectif et rationnel de la capacité contributive et n'a été choisie qu'en raison du contexte politique de la mesure " ;4. Considérant qu'aux termes de l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789 : " Pour l'entretien de la force publique, et pour les dépenses d'administration, une contribution commune est indispensable. Elle doit être également répartie entre tous les citoyens, en raison de leurs facultés " ; que, conformément à l'article 34 de la Constitution, il appartient au législateur de déterminer, dans le respect des principes constitutionnels et compte tenu des caractéristiques de chaque impôt, les règles selon lesquelles doivent être appréciées les facultés contributives ; que cette appréciation ne doit cependant pas entraîner de rupture caractérisée de l'égalité devant les charges publiques ; que, par ailleurs, le principe d'égalité ne fait pas obstacle à ce que le législateur édicte pour des motifs d'intérêt général des mesures d'incitation par l'octroi d'avantages fiscaux ;5. Considérant qu'en instituant un abattement sur certains revenus de capitaux mobiliers, en particulier ceux correspondant à des dividendes d'actions émises en France, le législateur a principalement entendu encourager l'acquisition de valeurs mobilières par de nouveaux épargnants ; qu'il lui était loisible, au regard de cet objectif, de supprimer cet avantage fiscal pour les contribuables dont le revenu net imposable excède le montant mentionné à la dernière
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Loi de finances pour 2001
objectif et rationnel de la capacité contributive et n'a été choisie qu'en raison du contexte politique de la mesure " ;4. Considérant qu'aux termes de l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789 : " Pour l'entretien de la force publique, et pour les dépenses d'administration, une contribution commune est indispensable. Elle doit être également répartie entre tous les citoyens, en raison de leurs facultés " ; que, conformément à l'article 34 de la Constitution, il appartient au législateur de déterminer, dans le respect des principes constitutionnels et compte tenu des caractéristiques de chaque impôt, les règles selon lesquelles doivent être appréciées les facultés contributives ; que cette appréciation ne doit cependant pas entraîner de rupture caractérisée de l'égalité devant les charges publiques ; que, par ailleurs, le principe d'égalité ne fait pas obstacle à ce que le législateur édicte pour des motifs d'intérêt général des mesures d'incitation par l'octroi d'avantages fiscaux ;5. Considérant qu'en instituant un abattement sur certains revenus de capitaux mobiliers, en particulier ceux correspondant à des dividendes d'actions émises en France, le législateur a principalement entendu encourager l'acquisition de valeurs mobilières par de nouveaux épargnants ; qu'il lui était loisible, au regard de cet objectif, de supprimer cet avantage fiscal pour les contribuables dont le revenu net imposable excède le montant mentionné à la dernière
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CONSTEXT000017664354_6
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CONSTEXT000017664354
| 6
|
ebf0fe312b901762
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
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2000-442
|
2000-12-28
|
épargnants ; qu'il lui était loisible, au regard de cet objectif, de supprimer cet avantage fiscal pour les contribuables dont le revenu net imposable excède le montant mentionné à la dernière tranche du barème de l'impôt sur le revenu ; que, loin de méconnaître l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789, une telle limitation du champ d'application des abattements en cause permet de mieux prendre en compte les facultés contributives des redevables concernés ; que, par suite, l'article 3, dont les effets de seuil ne sont pas excessifs, est conforme à la Constitution ;- SUR L'ARTICLE 6 :6. Considérant qu'en vertu de l'article 6, les personnes physiques sont exonérées, dans les conditions qu'il détermine, de la taxe différentielle sur les véhicules à moteur ;7. Considérant que, selon les requérants, cet article méconnaîtrait le principe d'égalité en traitant différemment les artisans et commerçants exerçant en nom propre et ceux ayant choisi le régime de l'entreprise unipersonnelle à responsabilité limitée ; qu'en deuxième lieu, les dispositions de l'article 6 étant applicables à compter de la période d'imposition s'ouvrant le 1er décembre 2000, cet article aurait un effet rétroactif et conduirait l'Etat, " en l'absence de texte le prévoyant, à s'abstenir de percevoir la vignette, qui constitue une imposition de toute nature " ; qu'il est soutenu en troisième lieu qu'en réduisant l'autonomie fiscale des départements, la disposition critiquée
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Loi de finances pour 2001
épargnants ; qu'il lui était loisible, au regard de cet objectif, de supprimer cet avantage fiscal pour les contribuables dont le revenu net imposable excède le montant mentionné à la dernière tranche du barème de l'impôt sur le revenu ; que, loin de méconnaître l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789, une telle limitation du champ d'application des abattements en cause permet de mieux prendre en compte les facultés contributives des redevables concernés ; que, par suite, l'article 3, dont les effets de seuil ne sont pas excessifs, est conforme à la Constitution ;- SUR L'ARTICLE 6 :6. Considérant qu'en vertu de l'article 6, les personnes physiques sont exonérées, dans les conditions qu'il détermine, de la taxe différentielle sur les véhicules à moteur ;7. Considérant que, selon les requérants, cet article méconnaîtrait le principe d'égalité en traitant différemment les artisans et commerçants exerçant en nom propre et ceux ayant choisi le régime de l'entreprise unipersonnelle à responsabilité limitée ; qu'en deuxième lieu, les dispositions de l'article 6 étant applicables à compter de la période d'imposition s'ouvrant le 1er décembre 2000, cet article aurait un effet rétroactif et conduirait l'Etat, " en l'absence de texte le prévoyant, à s'abstenir de percevoir la vignette, qui constitue une imposition de toute nature " ; qu'il est soutenu en troisième lieu qu'en réduisant l'autonomie fiscale des départements, la disposition critiquée
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CONSTEXT000017664354_7
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CONSTEXT000017664354
| 7
|
54c19713c7ac0355
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DC
|
Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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de percevoir la vignette, qui constitue une imposition de toute nature " ; qu'il est soutenu en troisième lieu qu'en réduisant l'autonomie fiscale des départements, la disposition critiquée porte atteinte au principe de libre administration des collectivités territoriales affirmé à l'article 72 de la Constitution ;8. Considérant, en premier lieu, qu'au regard de l'objectif d'allègement de la fiscalité des particuliers poursuivi par le législateur, il lui était loisible, sans méconnaître le principe d'égalité, de faire bénéficier de l'exonération les seuls artisans et commerçants exerçant leur activité en nom propre ;9. Considérant, en deuxième lieu, que le principe de non-rétroactivité des lois n'a valeur constitutionnelle, en vertu de l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789, qu'en matière répressive ; que l'article critiqué n'édicte pas une sanction ; qu'il est loisible au législateur d'adopter des dispositions nouvelles permettant dans certaines conditions de ne pas faire application des dispositions qu'il avait antérieurement décidées, dès lors qu'il ne prive pas de garanties légales des exigences constitutionnelles ; que la date d'effet prévue en l'espèce n'est pas contraire à la Constitution ;10. Considérant, en troisième lieu, que les dispositions critiquées, si elles réduisent encore la part des recettes fiscales des collectivités territoriales dans l'ensemble de leurs ressources, n'ont pour effet ni de restreindre la part de ces
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Loi de finances pour 2001
de percevoir la vignette, qui constitue une imposition de toute nature " ; qu'il est soutenu en troisième lieu qu'en réduisant l'autonomie fiscale des départements, la disposition critiquée porte atteinte au principe de libre administration des collectivités territoriales affirmé à l'article 72 de la Constitution ;8. Considérant, en premier lieu, qu'au regard de l'objectif d'allègement de la fiscalité des particuliers poursuivi par le législateur, il lui était loisible, sans méconnaître le principe d'égalité, de faire bénéficier de l'exonération les seuls artisans et commerçants exerçant leur activité en nom propre ;9. Considérant, en deuxième lieu, que le principe de non-rétroactivité des lois n'a valeur constitutionnelle, en vertu de l'article 8 de la Déclaration des droits de l'homme et du citoyen de 1789, qu'en matière répressive ; que l'article critiqué n'édicte pas une sanction ; qu'il est loisible au législateur d'adopter des dispositions nouvelles permettant dans certaines conditions de ne pas faire application des dispositions qu'il avait antérieurement décidées, dès lors qu'il ne prive pas de garanties légales des exigences constitutionnelles ; que la date d'effet prévue en l'espèce n'est pas contraire à la Constitution ;10. Considérant, en troisième lieu, que les dispositions critiquées, si elles réduisent encore la part des recettes fiscales des collectivités territoriales dans l'ensemble de leurs ressources, n'ont pour effet ni de restreindre la part de ces
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CONSTEXT000017664354_8
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CONSTEXT000017664354
| 8
|
4fb3b649124f28d3
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
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2000-442
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2000-12-28
|
dispositions critiquées, si elles réduisent encore la part des recettes fiscales des collectivités territoriales dans l'ensemble de leurs ressources, n'ont pour effet ni de restreindre la part de ces recettes ni de diminuer les ressources globales des collectivités concernées au point d'entraver leur libre administration ; qu'en particulier, en contrepartie des pertes de recettes des départements et de la collectivité territoriale de Corse résultant des nouvelles exonérations de taxe, l'article 6 prévoit, à la charge de l'Etat, une compensation indexée à partir de 2002 sur la dotation globale de fonctionnement ;11. Considérant qu'il résulte de ce qui précède que doivent être rejetés les griefs dirigés contre l'article 6 de la loi déférée ;- SUR L'ARTICLE 36 :12. Considérant que le I de l'article 36 prévoit l'échelonnement des versements de la redevance due par chaque titulaire d'une autorisation d'établissement et d'exploitation de réseau de téléphonie mobile de troisième génération ; que ses II et III en affectent le produit à un compte d'affectation spéciale retraçant des versements au fonds de réserve des retraites et à la caisse d'amortissement de la dette publique ;13. Considérant que, selon les auteurs de la saisine, le législateur aurait commis une erreur manifeste en qualifiant de redevance domaniale " un droit sans rapport, compte tenu notamment de son montant et de la périodicité de son versement, avec les revenus escomptés de l'usage du domaine public " ; qu'il
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Loi de finances pour 2001
dispositions critiquées, si elles réduisent encore la part des recettes fiscales des collectivités territoriales dans l'ensemble de leurs ressources, n'ont pour effet ni de restreindre la part de ces recettes ni de diminuer les ressources globales des collectivités concernées au point d'entraver leur libre administration ; qu'en particulier, en contrepartie des pertes de recettes des départements et de la collectivité territoriale de Corse résultant des nouvelles exonérations de taxe, l'article 6 prévoit, à la charge de l'Etat, une compensation indexée à partir de 2002 sur la dotation globale de fonctionnement ;11. Considérant qu'il résulte de ce qui précède que doivent être rejetés les griefs dirigés contre l'article 6 de la loi déférée ;- SUR L'ARTICLE 36 :12. Considérant que le I de l'article 36 prévoit l'échelonnement des versements de la redevance due par chaque titulaire d'une autorisation d'établissement et d'exploitation de réseau de téléphonie mobile de troisième génération ; que ses II et III en affectent le produit à un compte d'affectation spéciale retraçant des versements au fonds de réserve des retraites et à la caisse d'amortissement de la dette publique ;13. Considérant que, selon les auteurs de la saisine, le législateur aurait commis une erreur manifeste en qualifiant de redevance domaniale " un droit sans rapport, compte tenu notamment de son montant et de la périodicité de son versement, avec les revenus escomptés de l'usage du domaine public " ; qu'il
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CONSTEXT000017664354_9
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CONSTEXT000017664354
| 9
|
5f926e177104e789
|
DC
|
Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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de redevance domaniale " un droit sans rapport, compte tenu notamment de son montant et de la périodicité de son versement, avec les revenus escomptés de l'usage du domaine public " ; qu'il serait en outre porté atteinte au principe d'égalité devant les charges publiques, comme le démontrerait l'affectation du produit de cette redevance ;14. Considérant que l'utilisation des fréquences radioélectriques sur le territoire de la République constitue un mode d'occupation privatif du domaine public de l'Etat ; qu'ainsi, la redevance due par le titulaire d'une autorisation d'établissement et d'exploitation de réseau mobile de troisième génération est un revenu du domaine qui trouve sa place dans les ressources de l'Etat prévues au deuxième alinéa de l'article 5 de l'ordonnance susvisée du 2 janvier 1959 ; que la délivrance de l'autorisation ouvre, pour une période de quinze ans, le droit d'occupation des fréquences ; qu'elle confère ainsi à son bénéficiaire, dès son intervention, un avantage valorisable ; que, dès lors, il est loisible au législateur de prévoir que la redevance est déterminée de façon forfaitaire pour l'ensemble de la période d'autorisation ; qu'il peut également prévoir des versements non identiques pour chacune des quinze années ; que l'échelonnement de ces versements peut tenir compte de l'avantage immédiat lié à l'autorisation ;15. Considérant qu'est inopérant le moyen tiré de ce que l'affectation du produit de la redevance révèlerait par elle-même une rupture
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Loi de finances pour 2001
de redevance domaniale " un droit sans rapport, compte tenu notamment de son montant et de la périodicité de son versement, avec les revenus escomptés de l'usage du domaine public " ; qu'il serait en outre porté atteinte au principe d'égalité devant les charges publiques, comme le démontrerait l'affectation du produit de cette redevance ;14. Considérant que l'utilisation des fréquences radioélectriques sur le territoire de la République constitue un mode d'occupation privatif du domaine public de l'Etat ; qu'ainsi, la redevance due par le titulaire d'une autorisation d'établissement et d'exploitation de réseau mobile de troisième génération est un revenu du domaine qui trouve sa place dans les ressources de l'Etat prévues au deuxième alinéa de l'article 5 de l'ordonnance susvisée du 2 janvier 1959 ; que la délivrance de l'autorisation ouvre, pour une période de quinze ans, le droit d'occupation des fréquences ; qu'elle confère ainsi à son bénéficiaire, dès son intervention, un avantage valorisable ; que, dès lors, il est loisible au législateur de prévoir que la redevance est déterminée de façon forfaitaire pour l'ensemble de la période d'autorisation ; qu'il peut également prévoir des versements non identiques pour chacune des quinze années ; que l'échelonnement de ces versements peut tenir compte de l'avantage immédiat lié à l'autorisation ;15. Considérant qu'est inopérant le moyen tiré de ce que l'affectation du produit de la redevance révèlerait par elle-même une rupture
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CONSTEXT000017664354_10
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CONSTEXT000017664354
| 10
|
7c1320d3f22526ed
|
DC
|
Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
|
peut tenir compte de l'avantage immédiat lié à l'autorisation ;15. Considérant qu'est inopérant le moyen tiré de ce que l'affectation du produit de la redevance révèlerait par elle-même une rupture d'égalité devant les charges publiques ;16. Considérant qu'il résulte de ce qui précède que doivent être écartés les griefs dirigés contre l'article 36 ;- SUR L'ARTICLE 46 :17. Considérant que l'article 46, relatif à l'équilibre des ressources et des charges de l'Etat, encourrait, selon les requérants, plusieurs griefs d'inconstitutionnalité ; qu'ils soutiennent que cet article " ne comporte pas d'évaluation du montant des ressources d'emprunt et de trésorerie " ; qu'ainsi, la loi de finances ne comprendrait pas les " voies et moyens qui assurent son équilibre financier " ; que ne seraient pas respectés les principes de sincérité et d'universalité, en raison de l'affectation de recettes au fonds de financement de la réforme des cotisations patronales de sécurité sociale, ainsi que du caractère, selon eux, arbitraire de l'évaluation du montant des recettes du compte d'affectation des produits de cessions de titres, parts et droits de sociétés ; que les plafonds de charges manqueraient également à la sincérité ;18. Considérant qu'ainsi qu'il ressort du contenu des rapports parlementaires, le Parlement a disposé, lors de l'examen du projet de loi de finances, des informations auxquelles il a droit sur le montant des ressources d'emprunt et de trésorerie destinées au financement du
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Loi de finances pour 2001
peut tenir compte de l'avantage immédiat lié à l'autorisation ;15. Considérant qu'est inopérant le moyen tiré de ce que l'affectation du produit de la redevance révèlerait par elle-même une rupture d'égalité devant les charges publiques ;16. Considérant qu'il résulte de ce qui précède que doivent être écartés les griefs dirigés contre l'article 36 ;- SUR L'ARTICLE 46 :17. Considérant que l'article 46, relatif à l'équilibre des ressources et des charges de l'Etat, encourrait, selon les requérants, plusieurs griefs d'inconstitutionnalité ; qu'ils soutiennent que cet article " ne comporte pas d'évaluation du montant des ressources d'emprunt et de trésorerie " ; qu'ainsi, la loi de finances ne comprendrait pas les " voies et moyens qui assurent son équilibre financier " ; que ne seraient pas respectés les principes de sincérité et d'universalité, en raison de l'affectation de recettes au fonds de financement de la réforme des cotisations patronales de sécurité sociale, ainsi que du caractère, selon eux, arbitraire de l'évaluation du montant des recettes du compte d'affectation des produits de cessions de titres, parts et droits de sociétés ; que les plafonds de charges manqueraient également à la sincérité ;18. Considérant qu'ainsi qu'il ressort du contenu des rapports parlementaires, le Parlement a disposé, lors de l'examen du projet de loi de finances, des informations auxquelles il a droit sur le montant des ressources d'emprunt et de trésorerie destinées au financement du
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CONSTEXT000017664354_11
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CONSTEXT000017664354
| 11
|
1959e4c7b072e8b2
|
DC
|
Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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le Parlement a disposé, lors de l'examen du projet de loi de finances, des informations auxquelles il a droit sur le montant des ressources d'emprunt et de trésorerie destinées au financement du solde général ; que l'état A annexé à l'article critiqué présente, par ligne de recettes, les voies et moyens assurant l'équilibre financier ; que, comme il résulte de la décision susvisée du 29 décembre 1999, ni les recettes ni les dépenses du fonds de financement de la réforme des cotisations patronales de sécurité sociale, qui n'incombent pas par nature à l'Etat, ne doivent nécessairement figurer dans la loi de finances ; que, compte tenu des éléments dont dispose le Conseil constitutionnel, aucune erreur manifeste n'entache l'évaluation des recettes du compte d'affectation spéciale précité, ni la sincérité des plafonds de charges fixés à l'article critiqué ;19. Considérant qu'il résulte de ce qui précède que les griefs dirigés contre l'article 46 doivent être rejetés ;- SUR L'ARTICLE 71 :20. Considérant que cet article insère dans le code général des collectivités territoriales les articles L. 2333-87 à L. 2333-90 ; que ces dispositions ont pour objet de permettre aux communes d'instituer une taxe due par toute personne exerçant une activité commerciale non salariée à durée saisonnière sur leur territoire ;21. Considérant que les requérants contestent la conformité de ladite taxe à la Constitution en faisant valoir que serait méconnu le principe selon lequel les impositions
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Loi de finances pour 2001
le Parlement a disposé, lors de l'examen du projet de loi de finances, des informations auxquelles il a droit sur le montant des ressources d'emprunt et de trésorerie destinées au financement du solde général ; que l'état A annexé à l'article critiqué présente, par ligne de recettes, les voies et moyens assurant l'équilibre financier ; que, comme il résulte de la décision susvisée du 29 décembre 1999, ni les recettes ni les dépenses du fonds de financement de la réforme des cotisations patronales de sécurité sociale, qui n'incombent pas par nature à l'Etat, ne doivent nécessairement figurer dans la loi de finances ; que, compte tenu des éléments dont dispose le Conseil constitutionnel, aucune erreur manifeste n'entache l'évaluation des recettes du compte d'affectation spéciale précité, ni la sincérité des plafonds de charges fixés à l'article critiqué ;19. Considérant qu'il résulte de ce qui précède que les griefs dirigés contre l'article 46 doivent être rejetés ;- SUR L'ARTICLE 71 :20. Considérant que cet article insère dans le code général des collectivités territoriales les articles L. 2333-87 à L. 2333-90 ; que ces dispositions ont pour objet de permettre aux communes d'instituer une taxe due par toute personne exerçant une activité commerciale non salariée à durée saisonnière sur leur territoire ;21. Considérant que les requérants contestent la conformité de ladite taxe à la Constitution en faisant valoir que serait méconnu le principe selon lequel les impositions
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CONSTEXT000017664354_12
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CONSTEXT000017664354
| 12
|
f6a134114438ce0b
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DC
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Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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sur leur territoire ;21. Considérant que les requérants contestent la conformité de ladite taxe à la Constitution en faisant valoir que serait méconnu le principe selon lequel les impositions doivent être proportionnées aux facultés contributives ;22. Considérant qu'il appartient au législateur, lorsqu'il établit une imposition, d'en déterminer l'assiette et le taux sous réserve du respect des principes et règles de valeur constitutionnelle ; qu'en particulier, pour assurer le respect du principe d'égalité, il doit fonder son appréciation sur des critères objectifs et rationnels en fonction des buts qu'il se propose ;23. Considérant qu'en déterminant comme assiette de la taxe la surface du local ou de l'emplacement où l'activité commerciale à durée saisonnière est exercée, ou, si l'activité est exclusivement exercée dans un véhicule, le double de la surface de celui-ci, et en fixant un tarif qui, par jour d'activité, ne peut être inférieur à cinq francs par mètre carré, ni excéder soixante francs par mètre carré, le législateur a fondé son appréciation sur des critères objectifs et rationnels en fonction du but qu'il s'est fixé ; qu'en effet, en soumettant à une taxe sur les activités commerciales à durée saisonnière les commerçants non redevables de la taxe professionnelle au titre d'une activité dans la commune, le législateur a entendu remédier à une situation jugée par lui inéquitable ; qu'en faisant varier le montant de la taxe en proportion de la superficie du local,
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Loi de finances pour 2001
sur leur territoire ;21. Considérant que les requérants contestent la conformité de ladite taxe à la Constitution en faisant valoir que serait méconnu le principe selon lequel les impositions doivent être proportionnées aux facultés contributives ;22. Considérant qu'il appartient au législateur, lorsqu'il établit une imposition, d'en déterminer l'assiette et le taux sous réserve du respect des principes et règles de valeur constitutionnelle ; qu'en particulier, pour assurer le respect du principe d'égalité, il doit fonder son appréciation sur des critères objectifs et rationnels en fonction des buts qu'il se propose ;23. Considérant qu'en déterminant comme assiette de la taxe la surface du local ou de l'emplacement où l'activité commerciale à durée saisonnière est exercée, ou, si l'activité est exclusivement exercée dans un véhicule, le double de la surface de celui-ci, et en fixant un tarif qui, par jour d'activité, ne peut être inférieur à cinq francs par mètre carré, ni excéder soixante francs par mètre carré, le législateur a fondé son appréciation sur des critères objectifs et rationnels en fonction du but qu'il s'est fixé ; qu'en effet, en soumettant à une taxe sur les activités commerciales à durée saisonnière les commerçants non redevables de la taxe professionnelle au titre d'une activité dans la commune, le législateur a entendu remédier à une situation jugée par lui inéquitable ; qu'en faisant varier le montant de la taxe en proportion de la superficie du local,
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CONSTEXT000017664354_13
|
CONSTEXT000017664354
| 13
|
6f452d7f6b5db7d5
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
|
2000-442
|
2000-12-28
|
titre d'une activité dans la commune, le législateur a entendu remédier à une situation jugée par lui inéquitable ; qu'en faisant varier le montant de la taxe en proportion de la superficie du local, de l'emplacement ou du véhicule, dans les limites précédemment indiquées et en tenant compte de la durée d'activité dans la commune, il n'a pas porté atteinte au principe de l'égalité devant l'impôt ;24. Considérant qu'il résulte de ce qui précède que le grief allégué à l'encontre de l'article 71 doit être rejeté ;- SUR L'ARTICLE 89 :25. Considérant que l'article 89 de la loi déférée modifie l'assiette de la contribution pour le remboursement de la dette sociale ;26. Considérant que les sénateurs auteurs de la requête soulignent que le législateur a ainsi " inscrit dans la loi de finances une disposition adoptée dans la loi de financement de la sécurité sociale " ; qu'ils s'interrogent sur l'insertion de cette disposition dans la loi de finances ; qu'ils font valoir enfin que le législateur a fait " varier la charge de la contribution selon les contribuables sans respecter les caractéristiques de la contribution pour le remboursement de la dette sociale " ;27. Considérant, en premier lieu, que l'article critiqué, relatif à une " imposition de toutes natures " au sens de l'article 34 de la Constitution, peut valablement figurer dans une loi de finances ; qu'en revanche, ainsi qu'il ressort de la décision susvisée en date du 19 décembre 2000, de telles dispositions ne trouvaient
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Loi de finances pour 2001
titre d'une activité dans la commune, le législateur a entendu remédier à une situation jugée par lui inéquitable ; qu'en faisant varier le montant de la taxe en proportion de la superficie du local, de l'emplacement ou du véhicule, dans les limites précédemment indiquées et en tenant compte de la durée d'activité dans la commune, il n'a pas porté atteinte au principe de l'égalité devant l'impôt ;24. Considérant qu'il résulte de ce qui précède que le grief allégué à l'encontre de l'article 71 doit être rejeté ;- SUR L'ARTICLE 89 :25. Considérant que l'article 89 de la loi déférée modifie l'assiette de la contribution pour le remboursement de la dette sociale ;26. Considérant que les sénateurs auteurs de la requête soulignent que le législateur a ainsi " inscrit dans la loi de finances une disposition adoptée dans la loi de financement de la sécurité sociale " ; qu'ils s'interrogent sur l'insertion de cette disposition dans la loi de finances ; qu'ils font valoir enfin que le législateur a fait " varier la charge de la contribution selon les contribuables sans respecter les caractéristiques de la contribution pour le remboursement de la dette sociale " ;27. Considérant, en premier lieu, que l'article critiqué, relatif à une " imposition de toutes natures " au sens de l'article 34 de la Constitution, peut valablement figurer dans une loi de finances ; qu'en revanche, ainsi qu'il ressort de la décision susvisée en date du 19 décembre 2000, de telles dispositions ne trouvaient
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CONSTEXT000017664354_14
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CONSTEXT000017664354
| 14
|
08d08df7aa631bf7
|
DC
|
Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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de la Constitution, peut valablement figurer dans une loi de finances ; qu'en revanche, ainsi qu'il ressort de la décision susvisée en date du 19 décembre 2000, de telles dispositions ne trouvaient pas leur place dans une loi de financement de la sécurité sociale ;28. Considérant, en second lieu, qu'en exonérant de cette imposition les allocations de chômage et d'invalidité, ainsi que les pensions de retraite, des personnes non imposables au titre de l'impôt sur le revenu, le législateur n'a pas méconnu les exigences qui découlent de l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789 ;29. Considérant que, par suite, les griefs avancés à l'encontre de l'article 89 doivent être rejetés ;- SUR L'ARTICLE 116 :30. Considérant que le I de cet article, qui insère un article L. 5211-5-1 dans le code de la santé publique, crée, au profit de l'agence française de sécurité sanitaire des produits de santé, une nouvelle taxe ; que le premier alinéa de ce nouvel article dispose que " toute demande d'inscription d'un dispositif médical à usage individuel sur la liste prévue à l'article L. 165-1 du code de la sécurité sociale est accompagnée du versement d'une taxe dont le barème est fixé par décret dans la limite de 30 000 F " ;31. Considérant qu'il est fait grief à cette disposition de méconnaître l'article 34 de la Constitution dès lors que " le texte se garde bien de préciser les modalités d'établissement du barème, même de façon allusive " ;32. Considérant que,
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Loi de finances pour 2001
de la Constitution, peut valablement figurer dans une loi de finances ; qu'en revanche, ainsi qu'il ressort de la décision susvisée en date du 19 décembre 2000, de telles dispositions ne trouvaient pas leur place dans une loi de financement de la sécurité sociale ;28. Considérant, en second lieu, qu'en exonérant de cette imposition les allocations de chômage et d'invalidité, ainsi que les pensions de retraite, des personnes non imposables au titre de l'impôt sur le revenu, le législateur n'a pas méconnu les exigences qui découlent de l'article 13 de la Déclaration des droits de l'homme et du citoyen de 1789 ;29. Considérant que, par suite, les griefs avancés à l'encontre de l'article 89 doivent être rejetés ;- SUR L'ARTICLE 116 :30. Considérant que le I de cet article, qui insère un article L. 5211-5-1 dans le code de la santé publique, crée, au profit de l'agence française de sécurité sanitaire des produits de santé, une nouvelle taxe ; que le premier alinéa de ce nouvel article dispose que " toute demande d'inscription d'un dispositif médical à usage individuel sur la liste prévue à l'article L. 165-1 du code de la sécurité sociale est accompagnée du versement d'une taxe dont le barème est fixé par décret dans la limite de 30 000 F " ;31. Considérant qu'il est fait grief à cette disposition de méconnaître l'article 34 de la Constitution dès lors que " le texte se garde bien de préciser les modalités d'établissement du barème, même de façon allusive " ;32. Considérant que,
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CONSTEXT000017664354_15
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CONSTEXT000017664354
| 15
|
a55a215be13747c3
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
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2000-442
|
2000-12-28
|
disposition de méconnaître l'article 34 de la Constitution dès lors que " le texte se garde bien de préciser les modalités d'établissement du barème, même de façon allusive " ;32. Considérant que, si l'article 34 de la Constitution réserve à la loi la fixation des règles concernant l'assiette, le taux et les modalités de recouvrement des impositions de toutes natures, il ne s'ensuit pas que le législateur doive fixer lui-même le taux de chaque impôt ; qu'il lui appartient seulement de déterminer les limites à l'intérieur desquelles le pouvoir réglementaire est habilité à arrêter le taux d'une imposition ; qu'en prévoyant que le barème de la nouvelle taxe est fixé dans la limite de 30 000 francs par demande d'inscription, le législateur n'a pas méconnu en l'espèce le champ de sa propre compétence ;- SUR LES DISPOSITIONS ETRANGERES AU DOMAINE DES LOIS DE FINANCES :33. Considérant que l'article 70 insère dans le code général des collectivités territoriales deux articles nouveaux ; qu'il résulte de ces derniers que les communes et les départements peuvent attribuer des subventions de fonctionnement respectivement aux structures communales ou intercommunales des organisations syndicales représentatives et aux structures départementales des mêmes organisations ;34. Considérant que l'article 85 modifie l'article L. 722-20 du code rural ; que cette modification vise à étendre aux personnels non titulaires de l'établissement public " Domaine de Pompadour " dont les contrats ont été
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Loi de finances pour 2001
disposition de méconnaître l'article 34 de la Constitution dès lors que " le texte se garde bien de préciser les modalités d'établissement du barème, même de façon allusive " ;32. Considérant que, si l'article 34 de la Constitution réserve à la loi la fixation des règles concernant l'assiette, le taux et les modalités de recouvrement des impositions de toutes natures, il ne s'ensuit pas que le législateur doive fixer lui-même le taux de chaque impôt ; qu'il lui appartient seulement de déterminer les limites à l'intérieur desquelles le pouvoir réglementaire est habilité à arrêter le taux d'une imposition ; qu'en prévoyant que le barème de la nouvelle taxe est fixé dans la limite de 30 000 francs par demande d'inscription, le législateur n'a pas méconnu en l'espèce le champ de sa propre compétence ;- SUR LES DISPOSITIONS ETRANGERES AU DOMAINE DES LOIS DE FINANCES :33. Considérant que l'article 70 insère dans le code général des collectivités territoriales deux articles nouveaux ; qu'il résulte de ces derniers que les communes et les départements peuvent attribuer des subventions de fonctionnement respectivement aux structures communales ou intercommunales des organisations syndicales représentatives et aux structures départementales des mêmes organisations ;34. Considérant que l'article 85 modifie l'article L. 722-20 du code rural ; que cette modification vise à étendre aux personnels non titulaires de l'établissement public " Domaine de Pompadour " dont les contrats ont été
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CONSTEXT000017664354_16
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CONSTEXT000017664354
| 16
|
2dc322f9bc3c4469
|
DC
|
Non conformité partielle
|
Loi de finances pour 2001
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2000-442
|
2000-12-28
|
85 modifie l'article L. 722-20 du code rural ; que cette modification vise à étendre aux personnels non titulaires de l'établissement public " Domaine de Pompadour " dont les contrats ont été transférés à l'établissement public " Les Haras nationaux " le régime de protection sociale des salariés des professions agricoles ;35. Considérant que l'article 86 modifie l'article L. 142-2 du code de l'urbanisme ; qu'il en résulte une nouvelle définition de l'utilisation qui peut être faite du produit de la taxe départementale des espaces naturels sensibles ;36. Considérant que ces dispositions ne concernent pas la détermination des ressources et charges de l'Etat ; qu'elles n'ont pas pour but d'organiser l'information et le contrôle du Parlement sur la gestion des finances publiques ou d'imposer aux agents des services publics des responsabilités pécuniaires ; qu'elles n'ont pas davantage le caractère de dispositions d'ordre fiscal ; qu'enfin, elles n'entraînent ni création ni transformation d'emplois au sens du cinquième alinéa de l'article 1er de l'ordonnance du 2 janvier 1959 susvisée ; qu'ainsi, les articles 70, 85 et 86 de la loi déférée sont étrangers au domaine des lois de finances ; qu'il suit de là que ces articles ont été adoptés selon une procédure contraire à la Constitution ;37. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune autre question de conformité à la Constitution,
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Loi de finances pour 2001
85 modifie l'article L. 722-20 du code rural ; que cette modification vise à étendre aux personnels non titulaires de l'établissement public " Domaine de Pompadour " dont les contrats ont été transférés à l'établissement public " Les Haras nationaux " le régime de protection sociale des salariés des professions agricoles ;35. Considérant que l'article 86 modifie l'article L. 142-2 du code de l'urbanisme ; qu'il en résulte une nouvelle définition de l'utilisation qui peut être faite du produit de la taxe départementale des espaces naturels sensibles ;36. Considérant que ces dispositions ne concernent pas la détermination des ressources et charges de l'Etat ; qu'elles n'ont pas pour but d'organiser l'information et le contrôle du Parlement sur la gestion des finances publiques ou d'imposer aux agents des services publics des responsabilités pécuniaires ; qu'elles n'ont pas davantage le caractère de dispositions d'ordre fiscal ; qu'enfin, elles n'entraînent ni création ni transformation d'emplois au sens du cinquième alinéa de l'article 1er de l'ordonnance du 2 janvier 1959 susvisée ; qu'ainsi, les articles 70, 85 et 86 de la loi déférée sont étrangers au domaine des lois de finances ; qu'il suit de là que ces articles ont été adoptés selon une procédure contraire à la Constitution ;37. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, de soulever d'office aucune autre question de conformité à la Constitution,
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CONSTEXT000017664354_17
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CONSTEXT000017664354
| 17
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d9a7264a7bfbef05
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DC
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Non conformité partielle
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Loi de finances pour 2001
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2000-442
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2000-12-28
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Décide :Article premier :Les articles 70, 85 et 86 de la loi de finances pour 2001 sont déclarés contraires à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 28 décembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Loi de finances pour 2001
Décide :Article premier :Les articles 70, 85 et 86 de la loi de finances pour 2001 sont déclarés contraires à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 28 décembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664355_1
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CONSTEXT000017664355
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97edaed352eda80a
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LP
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Conformité
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Loi du pays relative à l'institution d'une taxe générale sur les services
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2000-1
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2000-01-27
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Le Conseil constitutionnel a été saisi, par recours enregistré au greffe du tribunal administratif de Nouvelle-Calédonie le 7 janvier 2000, présenté par le président de la province des îles Loyauté, dans les conditions prévues à l'article 104 de la loi organique n° 99-209 du 19 mars 1999, de la conformité à la Constitution de la loi du pays relative à l'institution d'une taxe générale sur les services
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution et notamment ses articles 76 et 77 ;Vu la loi n° 88-1028 du 9 novembre 1988 portant dispositions statutaires et préparatoires à l'autodétermination de la Nouvelle-Calédonie en 1998 ;Vu la loi organique n° 99-209 du 19 mars 1999 relative à la Nouvelle-Calédonie ;Vu l'avis du Conseil d'Etat en date du 23 novembre 1999, transmis au Conseil constitutionnel en application de l'article 100 de la loi organique susvisée ;Vu les observations, enregistrées comme ci-dessus le 14 janvier 2000, présentées par le gouvernement de la Nouvelle-Calédonie ;Vu les observations, enregistrées comme ci-dessus le 17 janvier 2000, présentées par le président de l'assemblée de la province Sud ;Le rapporteur ayant été entendu ;
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Loi du pays relative à l'institution d'une taxe générale sur les services
Le Conseil constitutionnel a été saisi, par recours enregistré au greffe du tribunal administratif de Nouvelle-Calédonie le 7 janvier 2000, présenté par le président de la province des îles Loyauté, dans les conditions prévues à l'article 104 de la loi organique n° 99-209 du 19 mars 1999, de la conformité à la Constitution de la loi du pays relative à l'institution d'une taxe générale sur les services
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution et notamment ses articles 76 et 77 ;Vu la loi n° 88-1028 du 9 novembre 1988 portant dispositions statutaires et préparatoires à l'autodétermination de la Nouvelle-Calédonie en 1998 ;Vu la loi organique n° 99-209 du 19 mars 1999 relative à la Nouvelle-Calédonie ;Vu l'avis du Conseil d'Etat en date du 23 novembre 1999, transmis au Conseil constitutionnel en application de l'article 100 de la loi organique susvisée ;Vu les observations, enregistrées comme ci-dessus le 14 janvier 2000, présentées par le gouvernement de la Nouvelle-Calédonie ;Vu les observations, enregistrées comme ci-dessus le 17 janvier 2000, présentées par le président de l'assemblée de la province Sud ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664355_2
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CONSTEXT000017664355
| 2
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d93cbbfff1ef1cb8
|
LP
|
Conformité
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Loi du pays relative à l'institution d'une taxe générale sur les services
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2000-1
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2000-01-27
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1. Considérant que, le 7 décembre 1999, le congrès de la Nouvelle-Calédonie a adopté une loi du pays relative à l'institution d'une taxe générale sur les services ; qu'à la demande de quatorze membres du congrès, et conformément aux articles 103 et 104 de la loi organique susvisée, ce texte a fait l'objet d'une nouvelle délibération, intervenue le 28 décembre 1999 ; que l'auteur de la saisine critique exclusivement la procédure d'adoption de cette loi du pays ;- SUR LE MOYEN TIRÉ DU DÉFAUT DE CONSULTATION DU CONSEIL ÉCONOMIQUE ET SOCIAL :2. Considérant que le requérant soutient que la loi du pays déférée constitue une loi du pays à caractère économique ; qu'en application de l'article 155 de la loi organique du 19 mars 1999 susvisée, son adoption par le congrès aurait dû être précédée de la consultation du conseil économique et social de la Nouvelle-Calédonie, institué par l'article 153 de cette loi organique ; que le conseil économique et social n'a pas été désigné "dans les trois mois suivant la première réunion des assemblées de province" comme l'exigeaient les dispositions transitoires du IV de l'article 232 de la même loi ; que, si le comité économique et social institué par l'article 59 de la loi susvisée du 9 novembre 1988 a été consulté le 25 octobre 1999, il n'avait plus compétence, selon les requérants, pour rendre un avis sur le projet de loi du pays à la date à laquelle celui-ci lui a été soumis ;3. Considérant qu'aux termes du premier alinéa de l'article 155 de
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Loi du pays relative à l'institution d'une taxe générale sur les services
1. Considérant que, le 7 décembre 1999, le congrès de la Nouvelle-Calédonie a adopté une loi du pays relative à l'institution d'une taxe générale sur les services ; qu'à la demande de quatorze membres du congrès, et conformément aux articles 103 et 104 de la loi organique susvisée, ce texte a fait l'objet d'une nouvelle délibération, intervenue le 28 décembre 1999 ; que l'auteur de la saisine critique exclusivement la procédure d'adoption de cette loi du pays ;- SUR LE MOYEN TIRÉ DU DÉFAUT DE CONSULTATION DU CONSEIL ÉCONOMIQUE ET SOCIAL :2. Considérant que le requérant soutient que la loi du pays déférée constitue une loi du pays à caractère économique ; qu'en application de l'article 155 de la loi organique du 19 mars 1999 susvisée, son adoption par le congrès aurait dû être précédée de la consultation du conseil économique et social de la Nouvelle-Calédonie, institué par l'article 153 de cette loi organique ; que le conseil économique et social n'a pas été désigné "dans les trois mois suivant la première réunion des assemblées de province" comme l'exigeaient les dispositions transitoires du IV de l'article 232 de la même loi ; que, si le comité économique et social institué par l'article 59 de la loi susvisée du 9 novembre 1988 a été consulté le 25 octobre 1999, il n'avait plus compétence, selon les requérants, pour rendre un avis sur le projet de loi du pays à la date à laquelle celui-ci lui a été soumis ;3. Considérant qu'aux termes du premier alinéa de l'article 155 de
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CONSTEXT000017664355_3
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CONSTEXT000017664355
| 3
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821ca732d156b032
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LP
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Conformité
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Loi du pays relative à l'institution d'une taxe générale sur les services
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2000-1
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2000-01-27
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compétence, selon les requérants, pour rendre un avis sur le projet de loi du pays à la date à laquelle celui-ci lui a été soumis ;3. Considérant qu'aux termes du premier alinéa de l'article 155 de la loi organique du 19 mars 1999 susvisée : "Le conseil économique et social est consulté sur les projets et propositions de loi du pays… à caractère économique ou social…" ;4. Considérant que la loi du pays déférée au Conseil constitutionnel, qui modifie le code des impôts applicable en Nouvelle-Calédonie, a exclusivement pour objet de créer une nouvelle imposition assise sur les prestations de services effectuées à titre onéreux ; que cette imposition est destinée à abonder le budget de la Nouvelle-Calédonie ; qu'ainsi, la loi du pays contestée ne revêt pas un "caractère économique" au sens de l'article 155 précité ; que, par suite, son adoption par le congrès ne devait pas être nécessairement précédée de la consultation du conseil économique et social de la Nouvelle-Calédonie ; - SUR LE MOYEN TIRÉ DU DÉFAUT DE CONSULTATION DU COMITÉ DES FINANCES LOCALES :5. Considérant que le requérant fait valoir qu'en vertu de l'article 48 de la loi organique du 19 mars 1999 susvisée, l'adoption par le congrès de la loi du pays déférée aurait également dû être précédée de la consultation du comité des finances locales ;6. Considérant qu'aux termes de l'article 48 précité : "Le comité des finances locales composé de représentants de l'Etat, de la Nouvelle-Calédonie, des provinces et des
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Loi du pays relative à l'institution d'une taxe générale sur les services
compétence, selon les requérants, pour rendre un avis sur le projet de loi du pays à la date à laquelle celui-ci lui a été soumis ;3. Considérant qu'aux termes du premier alinéa de l'article 155 de la loi organique du 19 mars 1999 susvisée : "Le conseil économique et social est consulté sur les projets et propositions de loi du pays… à caractère économique ou social…" ;4. Considérant que la loi du pays déférée au Conseil constitutionnel, qui modifie le code des impôts applicable en Nouvelle-Calédonie, a exclusivement pour objet de créer une nouvelle imposition assise sur les prestations de services effectuées à titre onéreux ; que cette imposition est destinée à abonder le budget de la Nouvelle-Calédonie ; qu'ainsi, la loi du pays contestée ne revêt pas un "caractère économique" au sens de l'article 155 précité ; que, par suite, son adoption par le congrès ne devait pas être nécessairement précédée de la consultation du conseil économique et social de la Nouvelle-Calédonie ; - SUR LE MOYEN TIRÉ DU DÉFAUT DE CONSULTATION DU COMITÉ DES FINANCES LOCALES :5. Considérant que le requérant fait valoir qu'en vertu de l'article 48 de la loi organique du 19 mars 1999 susvisée, l'adoption par le congrès de la loi du pays déférée aurait également dû être précédée de la consultation du comité des finances locales ;6. Considérant qu'aux termes de l'article 48 précité : "Le comité des finances locales composé de représentants de l'Etat, de la Nouvelle-Calédonie, des provinces et des
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CONSTEXT000017664355_4
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CONSTEXT000017664355
| 4
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647807eb2736ea7e
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LP
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Conformité
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Loi du pays relative à l'institution d'une taxe générale sur les services
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2000-1
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2000-01-27
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comité des finances locales ;6. Considérant qu'aux termes de l'article 48 précité : "Le comité des finances locales composé de représentants de l'Etat, de la Nouvelle-Calédonie, des provinces et des communes est consulté par le gouvernement sur tout projet ou proposition de loi du pays… relatif aux relations financières entre la Nouvelle-Calédonie, les provinces et les communes de Nouvelle-Calédonie…" ;7. Considérant que, comme il a été dit, la loi du pays déférée a pour objet exclusif d'instituer un nouvel impôt au bénéfice du budget de la Nouvelle-Calédonie ; qu'un tel objet ne concerne pas les relations financières entre la Nouvelle-Calédonie, les provinces et les communes ; que, par suite, le gouvernement de la Nouvelle-Calédonie n'était pas tenu de consulter le comité des finances locales sur le projet de loi du pays ;8. Considérant qu'il résulte de tout ce qui précède que les deux griefs exposés par la saisine doivent être rejetés ;9. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, d'examiner d'office aucune question de conformité à la Constitution ;
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Loi du pays relative à l'institution d'une taxe générale sur les services
comité des finances locales ;6. Considérant qu'aux termes de l'article 48 précité : "Le comité des finances locales composé de représentants de l'Etat, de la Nouvelle-Calédonie, des provinces et des communes est consulté par le gouvernement sur tout projet ou proposition de loi du pays… relatif aux relations financières entre la Nouvelle-Calédonie, les provinces et les communes de Nouvelle-Calédonie…" ;7. Considérant que, comme il a été dit, la loi du pays déférée a pour objet exclusif d'instituer un nouvel impôt au bénéfice du budget de la Nouvelle-Calédonie ; qu'un tel objet ne concerne pas les relations financières entre la Nouvelle-Calédonie, les provinces et les communes ; que, par suite, le gouvernement de la Nouvelle-Calédonie n'était pas tenu de consulter le comité des finances locales sur le projet de loi du pays ;8. Considérant qu'il résulte de tout ce qui précède que les deux griefs exposés par la saisine doivent être rejetés ;9. Considérant qu'il n'y a lieu, pour le Conseil constitutionnel, d'examiner d'office aucune question de conformité à la Constitution ;
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CONSTEXT000017664355_5
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CONSTEXT000017664355
| 5
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cc0993dccd828bfb
|
LP
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Conformité
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Loi du pays relative à l'institution d'une taxe générale sur les services
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2000-1
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2000-01-27
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Décide :Article premier :La loi du pays relative à l'institution d'une taxe générale sur les services a été adoptée selon une procédure conforme à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française et au Journal officiel de la Nouvelle-Calédonie.
Délibéré par le Conseil constitutionnel dans sa séance du 27 janvier 2000, présidée par M. Yves GUÉNA et où siégeaient : MM. Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
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Loi du pays relative à l'institution d'une taxe générale sur les services
Décide :Article premier :La loi du pays relative à l'institution d'une taxe générale sur les services a été adoptée selon une procédure conforme à la Constitution.Article 2 :La présente décision sera publiée au Journal officiel de la République française et au Journal officiel de la Nouvelle-Calédonie.
Délibéré par le Conseil constitutionnel dans sa séance du 27 janvier 2000, présidée par M. Yves GUÉNA et où siégeaient : MM. Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mme Simone VEIL.
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CONSTEXT000017664356_1
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CONSTEXT000017664356
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00b72e288e8af9f3
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D
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Déchéance
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
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2000-12
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2000-05-04
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Le Conseil constitutionnel,
Saisi le 5 avril 2000 d'une requête du Garde des sceaux, ministre de la justice, tendant à la constatation de la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale ;
Vu les articles L.O. 130 et L.O. 136 du code électoral ;
Vu le code pénal ;
Vu l'arrêt de la cour d'appel de Colmar, siégeant en matière correctionnelle, en date du 11 février 1999 ;
Vu l'arrêt de la Cour de cassation en date du 1er mars 2000 ;
Vu les autres pièces produites et jointes au dossier ;
Le rapporteur ayant été entendu ;
1. Considérant, d'une part, qu'aux termes de l'article L.O. 136 du code électoral : "Sera déchu de plein droit de la qualité de membre de l'Assemblée nationale celui... qui, pendant la durée de son mandat, se trouvera dans l'un des cas d'inéligibilité prévus par le présent code. La déchéance est constatée par le Conseil constitutionnel, à la requête du bureau de l'Assemblée nationale ou du Garde des sceaux, ministre de la justice, ou, en outre, en cas de condamnation postérieure à l'élection, du ministère public près la juridiction qui a prononcé la condamnation." ;
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
Le Conseil constitutionnel,
Saisi le 5 avril 2000 d'une requête du Garde des sceaux, ministre de la justice, tendant à la constatation de la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale ;
Vu les articles L.O. 130 et L.O. 136 du code électoral ;
Vu le code pénal ;
Vu l'arrêt de la cour d'appel de Colmar, siégeant en matière correctionnelle, en date du 11 février 1999 ;
Vu l'arrêt de la Cour de cassation en date du 1er mars 2000 ;
Vu les autres pièces produites et jointes au dossier ;
Le rapporteur ayant été entendu ;
1. Considérant, d'une part, qu'aux termes de l'article L.O. 136 du code électoral : "Sera déchu de plein droit de la qualité de membre de l'Assemblée nationale celui... qui, pendant la durée de son mandat, se trouvera dans l'un des cas d'inéligibilité prévus par le présent code. La déchéance est constatée par le Conseil constitutionnel, à la requête du bureau de l'Assemblée nationale ou du Garde des sceaux, ministre de la justice, ou, en outre, en cas de condamnation postérieure à l'élection, du ministère public près la juridiction qui a prononcé la condamnation." ;
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CONSTEXT000017664356_2
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CONSTEXT000017664356
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74639de5961d7420
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D
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Déchéance
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
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2000-12
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2000-05-04
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2. Considérant, d'autre part, qu'aux termes de l'article L.O. 130 du même code : "... Sont en outre inéligibles : 1° Les individus privés par décision judiciaire de leur droit d'éligibilité, en application des lois qui autorisent cette privation ; ...", et qu'en vertu de l'article 42 du code pénal applicable au moment des faits et de l'article 131-26 du code pénal entré en vigueur le 1er mars 1994, l'interdiction des droits civiques, civils et de famille porte notamment sur le droit de vote et l'éligibilité ;
3. Considérant qu'il ressort des pièces du dossier que M. WEBER a été condamné par la cour d'appel de Colmar le 11 février 1999 à la peine d'un an d'emprisonnement avec sursis, à la peine d'amende de 100 000 francs et à deux ans d'inéligibilité ; que cette décision est devenue définitive à la suite de l'arrêt de la Cour de cassation en date du 1er mars 2000 rejetant le pourvoi formé par M. WEBER contre l'arrêt susmentionné ;
4. Considérant qu'il appartient, dès lors, au Conseil constitutionnel de constater, en application de l'article L.O. 136 du code électoral, la déchéance de plein droit de son mandat de député encourue par M. WEBER du fait de l'inéligibilité résultant de la condamnation prononcée à son encontre ;
Déclare :
Est constatée la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale.
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
2. Considérant, d'autre part, qu'aux termes de l'article L.O. 130 du même code : "... Sont en outre inéligibles : 1° Les individus privés par décision judiciaire de leur droit d'éligibilité, en application des lois qui autorisent cette privation ; ...", et qu'en vertu de l'article 42 du code pénal applicable au moment des faits et de l'article 131-26 du code pénal entré en vigueur le 1er mars 1994, l'interdiction des droits civiques, civils et de famille porte notamment sur le droit de vote et l'éligibilité ;
3. Considérant qu'il ressort des pièces du dossier que M. WEBER a été condamné par la cour d'appel de Colmar le 11 février 1999 à la peine d'un an d'emprisonnement avec sursis, à la peine d'amende de 100 000 francs et à deux ans d'inéligibilité ; que cette décision est devenue définitive à la suite de l'arrêt de la Cour de cassation en date du 1er mars 2000 rejetant le pourvoi formé par M. WEBER contre l'arrêt susmentionné ;
4. Considérant qu'il appartient, dès lors, au Conseil constitutionnel de constater, en application de l'article L.O. 136 du code électoral, la déchéance de plein droit de son mandat de député encourue par M. WEBER du fait de l'inéligibilité résultant de la condamnation prononcée à son encontre ;
Déclare :
Est constatée la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale.
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CONSTEXT000017664356_3
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CONSTEXT000017664356
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d248bfac89e1c0c7
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D
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Déchéance
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
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2000-12
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2000-05-04
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Déclare :
Est constatée la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale.
Délibéré par le Conseil constitutionnel dans sa séance du 4 mai 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Demande tendant à la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale
Déclare :
Est constatée la déchéance de plein droit de Monsieur Jean-Jacques WEBER de sa qualité de membre de l'Assemblée nationale.
Délibéré par le Conseil constitutionnel dans sa séance du 4 mai 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664357_1
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CONSTEXT000017664357
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041cb90cdc71ba37
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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Dans la perspective de l'élection présidentielle de 2002 et compte tenu :- du calendrier électoral de l'année 2002 qui verra en principe l'élection présidentielle succéder immédiatement aux élections législatives ;- et des évolutions législatives et jurisprudentielles intervenues depuis l'élection des 23 avril et 7 mai 1995, le Conseil constitutionnel chargé, en application de l'article 58 de la Constitution, de veiller à la régularité de l'élection du Président de la République, formule les observations suivantes qui complètent ou remplacent, en tant que de besoin, celles qu'il avait présentées en 1995 (JO du 15 décembre 1995).
I. - En ce qui concerne la date des deux scrutinsPour des raisons de principe autant que pour des motifs pratiques, il importe que les citoyens habilités à présenter les candidats en application de l'article 3 de la loi n° 62-1292 du 6 novembre 1962 puissent le faire après avoir pris connaissance des résultats de l'élection à l'Assemblée nationale. Le deuxième tour de cette élection devrait donc avoir eu lieu lorsque s'ouvrira la période de recueil des présentations par le Conseil constitutionnel.
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
Dans la perspective de l'élection présidentielle de 2002 et compte tenu :- du calendrier électoral de l'année 2002 qui verra en principe l'élection présidentielle succéder immédiatement aux élections législatives ;- et des évolutions législatives et jurisprudentielles intervenues depuis l'élection des 23 avril et 7 mai 1995, le Conseil constitutionnel chargé, en application de l'article 58 de la Constitution, de veiller à la régularité de l'élection du Président de la République, formule les observations suivantes qui complètent ou remplacent, en tant que de besoin, celles qu'il avait présentées en 1995 (JO du 15 décembre 1995).
I. - En ce qui concerne la date des deux scrutinsPour des raisons de principe autant que pour des motifs pratiques, il importe que les citoyens habilités à présenter les candidats en application de l'article 3 de la loi n° 62-1292 du 6 novembre 1962 puissent le faire après avoir pris connaissance des résultats de l'élection à l'Assemblée nationale. Le deuxième tour de cette élection devrait donc avoir eu lieu lorsque s'ouvrira la période de recueil des présentations par le Conseil constitutionnel.
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CONSTEXT000017664357_2
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CONSTEXT000017664357
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bd9ac0e1776072fe
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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II. - En ce qui concerne les mesures d'organisation des opérations électoralesEn vertu des dispositions combinées de l'article 58 de la Constitution et de l'article 3-III de la loi du 6 novembre 1962, le Conseil constitutionnel doit être consulté par le Gouvernement sur l'organisation des opérations de l'élection présidentielle et être avisé sans délai de toute mesure prise à ce sujet.Le Conseil constitutionnel doit être ainsi consulté sur toutes les prescriptions de portée générale relatives aux opérations électorales, y compris celles formulées par le Conseil supérieur de l'audiovisuel en application de la loi n° 86-1067 du 30 septembre 1986 modifiée relative à la liberté de communication.Lorsqu'est consultée une autre instance, telle la Commission nationale de contrôle, le Conseil constitutionnel souhaite, comme il l'avait indiqué en 1995, que cette consultation intervienne préalablement à sa propre saisine.
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
II. - En ce qui concerne les mesures d'organisation des opérations électoralesEn vertu des dispositions combinées de l'article 58 de la Constitution et de l'article 3-III de la loi du 6 novembre 1962, le Conseil constitutionnel doit être consulté par le Gouvernement sur l'organisation des opérations de l'élection présidentielle et être avisé sans délai de toute mesure prise à ce sujet.Le Conseil constitutionnel doit être ainsi consulté sur toutes les prescriptions de portée générale relatives aux opérations électorales, y compris celles formulées par le Conseil supérieur de l'audiovisuel en application de la loi n° 86-1067 du 30 septembre 1986 modifiée relative à la liberté de communication.Lorsqu'est consultée une autre instance, telle la Commission nationale de contrôle, le Conseil constitutionnel souhaite, comme il l'avait indiqué en 1995, que cette consultation intervienne préalablement à sa propre saisine.
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CONSTEXT000017664357_3
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CONSTEXT000017664357
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8e878ca1f8473af1
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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III. - En ce qui concerne la présentation des candidats1° Département de rattachement du présentateurAux termes de l'article 3-I de la loi précitée du 6 novembre 1962 : "Une candidature ne peut être retenue que si, parmi les signataires de la présentation, figurent des élus d'au moins trente départements ou territoires d'outre-mer, sans que plus d'un dixième d'entre eux puissent être des élus d'un même département ou territoire d'outre-mer."Il convient de fixer, pour les membres des conseils régionaux élus dans le cadre de la circonscription régionale en vertu de la loi n° 99-36 du 19 janvier 1999, ainsi que pour les membres de l'Assemblée de Corse, un critère objectif de rattachement à un département, qui pourrait être celui au titre duquel ils participent à l'élection des sénateurs en application des articles L. 293-1 et L. 293-2 du code électoral.2° Qualité du présentateurL'article 3-I de la loi du 6 novembre 1962 énumère les qualités dont doivent se prévaloir les citoyens habilités à présenter un candidat.Pour éviter d'avoir à choisir entre plusieurs qualités, le Conseil constitutionnel souhaite, comme en 1995, que le décret du 14 mars 1964 précise que le présentateur indique lui-même cette qualité et n'en fasse figurer aucune autre sur le formulaire de présentation.3° Données relatives aux présentateurs potentielsLes données relatives aux élus habilités à présenter les candidats doivent faire l'objet, de la part des administrations compétentes, d'une mise à jour
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
III. - En ce qui concerne la présentation des candidats1° Département de rattachement du présentateurAux termes de l'article 3-I de la loi précitée du 6 novembre 1962 : "Une candidature ne peut être retenue que si, parmi les signataires de la présentation, figurent des élus d'au moins trente départements ou territoires d'outre-mer, sans que plus d'un dixième d'entre eux puissent être des élus d'un même département ou territoire d'outre-mer."Il convient de fixer, pour les membres des conseils régionaux élus dans le cadre de la circonscription régionale en vertu de la loi n° 99-36 du 19 janvier 1999, ainsi que pour les membres de l'Assemblée de Corse, un critère objectif de rattachement à un département, qui pourrait être celui au titre duquel ils participent à l'élection des sénateurs en application des articles L. 293-1 et L. 293-2 du code électoral.2° Qualité du présentateurL'article 3-I de la loi du 6 novembre 1962 énumère les qualités dont doivent se prévaloir les citoyens habilités à présenter un candidat.Pour éviter d'avoir à choisir entre plusieurs qualités, le Conseil constitutionnel souhaite, comme en 1995, que le décret du 14 mars 1964 précise que le présentateur indique lui-même cette qualité et n'en fasse figurer aucune autre sur le formulaire de présentation.3° Données relatives aux présentateurs potentielsLes données relatives aux élus habilités à présenter les candidats doivent faire l'objet, de la part des administrations compétentes, d'une mise à jour
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CONSTEXT000017664357_4
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CONSTEXT000017664357
| 4
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4ca70f7651c4adb9
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PDR
| null |
Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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Données relatives aux présentateurs potentielsLes données relatives aux élus habilités à présenter les candidats doivent faire l'objet, de la part des administrations compétentes, d'une mise à jour régulière.4° Certification des présentationsL'article 3-1 du décret de 1964 prévoit que la signature apposée sur le formulaire de présentation doit être certifiée par un membre du bureau lorsqu'elle émane d'un membre d'une assemblée ou d'un conseil énumérés au deuxième alinéa du I de l'article 3 de la loi précitée du 6 novembre 1962. L'article 3-2 du même décret dispose que le Conseil constitutionnel fait procéder à toute vérification qu'il juge utile.Les opérations de vérification des certifications sont d'une complexité sans commune mesure avec l'intérêt de la certification, par ailleurs ressentie par beaucoup de présentateurs comme une complication ou une indiscrétion.Le Conseil constitutionnel se prononce en conséquence pour la suppression de l'obligation de certification.En contrepartie, il souhaite que la présentation soit revêtue de la signature manuscrite de son auteur et que le formulaire de présentation soit conçu de façon à faciliter les opérations de vérification.
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
Données relatives aux présentateurs potentielsLes données relatives aux élus habilités à présenter les candidats doivent faire l'objet, de la part des administrations compétentes, d'une mise à jour régulière.4° Certification des présentationsL'article 3-1 du décret de 1964 prévoit que la signature apposée sur le formulaire de présentation doit être certifiée par un membre du bureau lorsqu'elle émane d'un membre d'une assemblée ou d'un conseil énumérés au deuxième alinéa du I de l'article 3 de la loi précitée du 6 novembre 1962. L'article 3-2 du même décret dispose que le Conseil constitutionnel fait procéder à toute vérification qu'il juge utile.Les opérations de vérification des certifications sont d'une complexité sans commune mesure avec l'intérêt de la certification, par ailleurs ressentie par beaucoup de présentateurs comme une complication ou une indiscrétion.Le Conseil constitutionnel se prononce en conséquence pour la suppression de l'obligation de certification.En contrepartie, il souhaite que la présentation soit revêtue de la signature manuscrite de son auteur et que le formulaire de présentation soit conçu de façon à faciliter les opérations de vérification.
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CONSTEXT000017664357_5
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CONSTEXT000017664357
| 5
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32d78889e70b7156
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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IV. - En ce qui concerne le déroulement de la campagne électorale1° Compétence de la Commission nationale de contrôle de la campagne électoralePour les motifs exposés dans les observations relatives à l'élection présidentielle de 1995, la commission nationale devrait être installée aussitôt après la publication du décret fixant l'envoi des formulaires aux élus habilités par la loi à présenter un candidat.2° Durée de la campagne officielle radiodiffusée et téléviséeAux termes de l'article 12 du décret du 14 mars 1964 : "Chaque candidat dispose dans les programmes des sociétés nationales de programmes, au premier tour de scrutin, de deux heures d'émission télévisée et de deux heures d'émission radiodiffusée." La faculté est donnée au Conseil supérieur de l'audiovisuel de réduire cette durée "compte tenu du nombre de candidats".Des considérations techniques ont conduit jusqu'ici à une réduction de cette durée.Aussi le Conseil supérieur de l'audiovisuel devrait-il pouvoir fixer la durée des émissions télévisées et radiodiffusées sans qu'aucune autre condition ne soit posée par le décret qu'une durée minimale d'émission.3° Participation à la campagne de personnes autres que les candidats et les représentants des partis et groupements politiquesL'article 12 du décret du 14 mars 1964 impose également l'utilisation personnelle par les candidats des heures d'émission sous la seule réserve d'une participation, à la demande de ceux-ci, des partis ou groupements politiques dont l'action
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
IV. - En ce qui concerne le déroulement de la campagne électorale1° Compétence de la Commission nationale de contrôle de la campagne électoralePour les motifs exposés dans les observations relatives à l'élection présidentielle de 1995, la commission nationale devrait être installée aussitôt après la publication du décret fixant l'envoi des formulaires aux élus habilités par la loi à présenter un candidat.2° Durée de la campagne officielle radiodiffusée et téléviséeAux termes de l'article 12 du décret du 14 mars 1964 : "Chaque candidat dispose dans les programmes des sociétés nationales de programmes, au premier tour de scrutin, de deux heures d'émission télévisée et de deux heures d'émission radiodiffusée." La faculté est donnée au Conseil supérieur de l'audiovisuel de réduire cette durée "compte tenu du nombre de candidats".Des considérations techniques ont conduit jusqu'ici à une réduction de cette durée.Aussi le Conseil supérieur de l'audiovisuel devrait-il pouvoir fixer la durée des émissions télévisées et radiodiffusées sans qu'aucune autre condition ne soit posée par le décret qu'une durée minimale d'émission.3° Participation à la campagne de personnes autres que les candidats et les représentants des partis et groupements politiquesL'article 12 du décret du 14 mars 1964 impose également l'utilisation personnelle par les candidats des heures d'émission sous la seule réserve d'une participation, à la demande de ceux-ci, des partis ou groupements politiques dont l'action
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CONSTEXT000017664357_6
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CONSTEXT000017664357
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edf1230c83990cbb
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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également l'utilisation personnelle par les candidats des heures d'émission sous la seule réserve d'une participation, à la demande de ceux-ci, des partis ou groupements politiques dont l'action s'étend à la généralité du territoire national, habilités à cette fin par la Commission nationale de contrôle.Comme le Conseil constitutionnel l'avait proposé en 1995, et conformément aux voeux des candidats, cette restriction devrait être abandonnée afin que puisse participer à la campagne, sous le contrôle de la Commission nationale de contrôle, toute personne désignée par le candidat.
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
également l'utilisation personnelle par les candidats des heures d'émission sous la seule réserve d'une participation, à la demande de ceux-ci, des partis ou groupements politiques dont l'action s'étend à la généralité du territoire national, habilités à cette fin par la Commission nationale de contrôle.Comme le Conseil constitutionnel l'avait proposé en 1995, et conformément aux voeux des candidats, cette restriction devrait être abandonnée afin que puisse participer à la campagne, sous le contrôle de la Commission nationale de contrôle, toute personne désignée par le candidat.
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CONSTEXT000017664357_7
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CONSTEXT000017664357
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f7920bf0341c2bed
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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V. - En ce qui concerne les comptes de campagne1° Conséquences de l'introduction de la monnaie uniqueLes conséquences de cette introduction sur la présentation des comptes de campagne et des documents annexes devraient être tirées par les textes.Ainsi, en vertu du troisième alinéa de l'article 3-III de la loi du 6 novembre 1962, les comptes de campagne des candidats sont adressés au Conseil constitutionnel dans les deux mois qui suivent l'élection. En raison de cette date, les comptes de campagne semblent devoir être libellés en euros.Il conviendra par ailleurs de préciser dans quelle monnaie devront être libellés les documents établis avant la date définitive de passage à l'euro.2° Suppression des références aux personnes morales autres que les partisLe deuxième alinéa de l'article L. 52-8 du code électoral prohibe les dons consentis par des personnes morales autres que les partis et groupements politiques. Il y a donc lieu de supprimer, par mesure de coordination, les références à de tels dons qui subsistent dans le décret du 14 mars 1964.3° Inscription au compte de campagne des frais d'expertise comptableEn vertu du deuxième alinéa de l'article L. 52-12, les comptes de campagne des candidats doivent être présentés par un membre de l'ordre des experts-comptables et des comptables agréés. L'omission de cette formalité substantielle entraîne le rejet du compte. Or le premier alinéa du même article dispose que le compte de campagne retrace "l'ensemble des dépenses engagées ou
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
V. - En ce qui concerne les comptes de campagne1° Conséquences de l'introduction de la monnaie uniqueLes conséquences de cette introduction sur la présentation des comptes de campagne et des documents annexes devraient être tirées par les textes.Ainsi, en vertu du troisième alinéa de l'article 3-III de la loi du 6 novembre 1962, les comptes de campagne des candidats sont adressés au Conseil constitutionnel dans les deux mois qui suivent l'élection. En raison de cette date, les comptes de campagne semblent devoir être libellés en euros.Il conviendra par ailleurs de préciser dans quelle monnaie devront être libellés les documents établis avant la date définitive de passage à l'euro.2° Suppression des références aux personnes morales autres que les partisLe deuxième alinéa de l'article L. 52-8 du code électoral prohibe les dons consentis par des personnes morales autres que les partis et groupements politiques. Il y a donc lieu de supprimer, par mesure de coordination, les références à de tels dons qui subsistent dans le décret du 14 mars 1964.3° Inscription au compte de campagne des frais d'expertise comptableEn vertu du deuxième alinéa de l'article L. 52-12, les comptes de campagne des candidats doivent être présentés par un membre de l'ordre des experts-comptables et des comptables agréés. L'omission de cette formalité substantielle entraîne le rejet du compte. Or le premier alinéa du même article dispose que le compte de campagne retrace "l'ensemble des dépenses engagées ou
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CONSTEXT000017664357_8
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CONSTEXT000017664357
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84c8fe5bf68e0541
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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agréés. L'omission de cette formalité substantielle entraîne le rejet du compte. Or le premier alinéa du même article dispose que le compte de campagne retrace "l'ensemble des dépenses engagées ou effectuées en vue de l'élection". En 1995, le Conseil constitutionnel a donc écarté les frais d'expertise comptable des dépenses pouvant figurer dans le compte.Dès lors que le recours à leurs services constitue une obligation légale, il convient que soit expressément autorisée l'inscription au compte de campagne des honoraires des experts-comptables, de manière à en permettre le remboursement.4° Recettes en espèces provenant de personnes physiquesComme l'indiquent les observations formulées par le Conseil constitutionnel en 1995, il lui est très difficile de vérifier la provenance de ces recettes qui peuvent atteindre, s'agissant de l'élection présidentielle, des montants très élevés. Il importe surtout de pouvoir vérifier qu'il ne s'agit pas, en réalité, de dons consentis par des personnes morales prohibés par le deuxième alinéa du même article. C'est la raison pour laquelle il apparaît opportun que soit précisée, par voie réglementaire, la nature des justificatifs de recettes prévus par l'article L. 52-12 du code électoral.5° Prêts et avances consentis par les personnes physiques Pour les motifs exposés dans les observations de 1995 du Conseil constitutionnel, les prêts et avances consentis par les personnes physiques devraient être prohibés. Il est en effet impossible de
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
agréés. L'omission de cette formalité substantielle entraîne le rejet du compte. Or le premier alinéa du même article dispose que le compte de campagne retrace "l'ensemble des dépenses engagées ou effectuées en vue de l'élection". En 1995, le Conseil constitutionnel a donc écarté les frais d'expertise comptable des dépenses pouvant figurer dans le compte.Dès lors que le recours à leurs services constitue une obligation légale, il convient que soit expressément autorisée l'inscription au compte de campagne des honoraires des experts-comptables, de manière à en permettre le remboursement.4° Recettes en espèces provenant de personnes physiquesComme l'indiquent les observations formulées par le Conseil constitutionnel en 1995, il lui est très difficile de vérifier la provenance de ces recettes qui peuvent atteindre, s'agissant de l'élection présidentielle, des montants très élevés. Il importe surtout de pouvoir vérifier qu'il ne s'agit pas, en réalité, de dons consentis par des personnes morales prohibés par le deuxième alinéa du même article. C'est la raison pour laquelle il apparaît opportun que soit précisée, par voie réglementaire, la nature des justificatifs de recettes prévus par l'article L. 52-12 du code électoral.5° Prêts et avances consentis par les personnes physiques Pour les motifs exposés dans les observations de 1995 du Conseil constitutionnel, les prêts et avances consentis par les personnes physiques devraient être prohibés. Il est en effet impossible de
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CONSTEXT000017664357_9
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CONSTEXT000017664357
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43e235d1bf3a4240
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PDR
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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Pour les motifs exposés dans les observations de 1995 du Conseil constitutionnel, les prêts et avances consentis par les personnes physiques devraient être prohibés. Il est en effet impossible de vérifier la réalité du remboursement de tels prêts.6° Prêts et avances des groupements politiquesPour des motifs analogues, il apparaît souhaitable de préciser que le montant des prêts et avances des partis et groupements politiques est soustrait du montant total des dépenses remboursables par l'Etat au candidat.7° Prolongation du mandat du mandataire financier et de la durée de vie de l'association de financementPour les motifs exposés dans ses observations de 1995, le Conseil constitutionnel émet le voeu que soit prolongée la durée prévue par les articles L. 52-5 et L. 52-6 du code électoral.8° Modification de l'article L. 140 du livre des procédures fiscalesLe Conseil constitutionnel souhaite que les agents des impôts soient déliés du secret professionnel à l'égard de ses rapporteurs adjoints dans les conditions suggérées en 1995.9° Transmission d'office par la Commission nationale de contrôle au Conseil constitutionnel des irrégularités portées à sa connaissance en matière de comptes de campagneLa Commission nationale de contrôle ne s'est pas estimée habilitée, en 1995, à transmettre au Conseil constitutionnel certaines irrégularités portées à sa connaissance, susceptibles d'affecter les comptes de campagne des candidats. Aussi est-il souhaitable que la Commission transmette
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
Pour les motifs exposés dans les observations de 1995 du Conseil constitutionnel, les prêts et avances consentis par les personnes physiques devraient être prohibés. Il est en effet impossible de vérifier la réalité du remboursement de tels prêts.6° Prêts et avances des groupements politiquesPour des motifs analogues, il apparaît souhaitable de préciser que le montant des prêts et avances des partis et groupements politiques est soustrait du montant total des dépenses remboursables par l'Etat au candidat.7° Prolongation du mandat du mandataire financier et de la durée de vie de l'association de financementPour les motifs exposés dans ses observations de 1995, le Conseil constitutionnel émet le voeu que soit prolongée la durée prévue par les articles L. 52-5 et L. 52-6 du code électoral.8° Modification de l'article L. 140 du livre des procédures fiscalesLe Conseil constitutionnel souhaite que les agents des impôts soient déliés du secret professionnel à l'égard de ses rapporteurs adjoints dans les conditions suggérées en 1995.9° Transmission d'office par la Commission nationale de contrôle au Conseil constitutionnel des irrégularités portées à sa connaissance en matière de comptes de campagneLa Commission nationale de contrôle ne s'est pas estimée habilitée, en 1995, à transmettre au Conseil constitutionnel certaines irrégularités portées à sa connaissance, susceptibles d'affecter les comptes de campagne des candidats. Aussi est-il souhaitable que la Commission transmette
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CONSTEXT000017664357_10
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CONSTEXT000017664357
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086a18e2f976f518
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PDR
| null |
Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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au Conseil constitutionnel certaines irrégularités portées à sa connaissance, susceptibles d'affecter les comptes de campagne des candidats. Aussi est-il souhaitable que la Commission transmette d'office de telles informations au Conseil constitutionnel, juge des comptes de campagne.10° Pouvoir d'appréciation du Conseil constitutionnel Le Conseil constitutionnel souhaite, comme il l'avait indiqué en 1995, pouvoir apprécier la nature et la portée d'éventuelles méconnaissances de la législation applicable afin d'éviter qu'elles entraînent des effets disproportionnés, contraires à l'équité.
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
au Conseil constitutionnel certaines irrégularités portées à sa connaissance, susceptibles d'affecter les comptes de campagne des candidats. Aussi est-il souhaitable que la Commission transmette d'office de telles informations au Conseil constitutionnel, juge des comptes de campagne.10° Pouvoir d'appréciation du Conseil constitutionnel Le Conseil constitutionnel souhaite, comme il l'avait indiqué en 1995, pouvoir apprécier la nature et la portée d'éventuelles méconnaissances de la législation applicable afin d'éviter qu'elles entraînent des effets disproportionnés, contraires à l'équité.
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CONSTEXT000017664357_11
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CONSTEXT000017664357
| 11
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25460d2f6aa16576
|
PDR
| null |
Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
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2000-94
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2000-06-22
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Adopté par le Conseil constitutionnel dans sa séance du 22 juin 2000.Le président, Yves Guéna
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Observations du Conseil constitutionnel dans la perspective de l'élection présidentielle
Adopté par le Conseil constitutionnel dans sa séance du 22 juin 2000.Le président, Yves Guéna
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CONSTEXT000017664358_1
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CONSTEXT000017664358
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6bbe8b87344ddea5
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L
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Réglementaire
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Nature juridique de certaines dispositions de la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur
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2000-188
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2000-03-30
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Le Conseil constitutionnel a été saisi le 8 mars 2000 par le Premier ministre dans les conditions prévues par l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique de l'article 46 de la loi n° 68-978 du 12 novembre 1968 d'orientation de l'enseignement supérieur modifiée, en tant qu'il prévoit que le troisième cycle des études médicales forme les généralistes par un résidanat « de deux ans et demi » et les spécialistes par un internat « de quatre à cinq ans » ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur ;Le rapporteur ayant été entendu ;
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Nature juridique de certaines dispositions de la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur
Le Conseil constitutionnel a été saisi le 8 mars 2000 par le Premier ministre dans les conditions prévues par l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique de l'article 46 de la loi n° 68-978 du 12 novembre 1968 d'orientation de l'enseignement supérieur modifiée, en tant qu'il prévoit que le troisième cycle des études médicales forme les généralistes par un résidanat « de deux ans et demi » et les spécialistes par un internat « de quatre à cinq ans » ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment le chapitre II du titre II de ladite ordonnance ;Vu la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664358_2
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CONSTEXT000017664358
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978da7e4135ad619
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L
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Réglementaire
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Nature juridique de certaines dispositions de la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur
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2000-188
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2000-03-30
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1. Considérant qu'en vertu de la dernière phrase du premier alinéa de l'article 46 de la loi du 12 novembre 1968 susvisée, le troisième cycle des études médicales "forme les généralistes par un résidanat de deux ans et demi et les spécialistes par un internat de quatre à cinq ans dont l'accès est subordonné à la nomination par concours et par des formations complémentaires postérieures à l'internat." ;2. Considérant qu'aux termes de l'article 34 de la Constitution : "la loi détermine les principes fondamentaux de l'enseignement" ; que les dispositions de la dernière phrase du premier alinéa de l'article 46 précité dont la nature juridique est recherchée, dans la mesure où elles se bornent à fixer la durée du résidanat et de l'internat en médecine, ne touchent pas à ces principes ;3. Considérant qu'il résulte de ce qui précède que les dispositions soumises au Conseil constitutionnel sont de nature réglementaire,
Décide :Article premier :Les dispositions soumises à l'examen du Conseil constitutionnel ont le caractère réglementaire.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 30 mars 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Nature juridique de certaines dispositions de la loi n° 68-978 du 12 novembre 1968 modifiée d'orientation de l'enseignement supérieur
1. Considérant qu'en vertu de la dernière phrase du premier alinéa de l'article 46 de la loi du 12 novembre 1968 susvisée, le troisième cycle des études médicales "forme les généralistes par un résidanat de deux ans et demi et les spécialistes par un internat de quatre à cinq ans dont l'accès est subordonné à la nomination par concours et par des formations complémentaires postérieures à l'internat." ;2. Considérant qu'aux termes de l'article 34 de la Constitution : "la loi détermine les principes fondamentaux de l'enseignement" ; que les dispositions de la dernière phrase du premier alinéa de l'article 46 précité dont la nature juridique est recherchée, dans la mesure où elles se bornent à fixer la durée du résidanat et de l'internat en médecine, ne touchent pas à ces principes ;3. Considérant qu'il résulte de ce qui précède que les dispositions soumises au Conseil constitutionnel sont de nature réglementaire,
Décide :Article premier :Les dispositions soumises à l'examen du Conseil constitutionnel ont le caractère réglementaire.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 30 mars 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664359_1
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CONSTEXT000017664359
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c0bcc9b3852240de
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L
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Réglementaire
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Nature juridique d'une disposition de l'article 1649 quater K du code général des impôts
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2000-189
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2000-09-25
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Le Conseil constitutionnel a été saisi le 20 septembre 2000, par le Premier ministre, dans les conditions prévues par le deuxième alinéa de l'article 37 de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des mots : " le directeur régional des impôts ", figurant à l'article 1649 quater K du code général des impôts ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu le code général des impôts, notamment son article 1649 quater K ;Le rapporteur ayant été entendu ;
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Nature juridique d'une disposition de l'article 1649 quater K du code général des impôts
Le Conseil constitutionnel a été saisi le 20 septembre 2000, par le Premier ministre, dans les conditions prévues par le deuxième alinéa de l'article 37 de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des mots : " le directeur régional des impôts ", figurant à l'article 1649 quater K du code général des impôts ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu le code général des impôts, notamment son article 1649 quater K ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664359_2
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CONSTEXT000017664359
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3a7400a77e553b2f
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L
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Réglementaire
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Nature juridique d'une disposition de l'article 1649 quater K du code général des impôts
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2000-189
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2000-09-25
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1. Considérant que la disposition de l'article 1649 quater K du code général des impôts, dont la nature juridique est recherchée, a pour seul objet de déterminer l'autorité compétente pour décider de subordonner le maintien ou le renouvellement de l'agrément des centres de gestion agréés ou des associations agréées des professions libérales, en cas de manquement à leurs missions, au changement de leur équipe dirigeante ; qu'elle se borne ainsi à désigner l'autorité administrative habilitée à exercer, au nom de l'Etat, des attributions qui, en vertu de la loi, relèvent de la compétence du pouvoir exécutif ; qu'elle ne met en cause aucun des principes fondamentaux, ni aucune des règles que l'article 34 de la Constitution a placés dans le domaine de la loi ; que, par suite, elle ressortit à la compétence du pouvoir réglementaire ;
Décide :Article premier :Ont le caractère réglementaire, à l'article 1649 quater K du code général des impôts, les mots : " le directeur régional des impôts ".Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Nature juridique d'une disposition de l'article 1649 quater K du code général des impôts
1. Considérant que la disposition de l'article 1649 quater K du code général des impôts, dont la nature juridique est recherchée, a pour seul objet de déterminer l'autorité compétente pour décider de subordonner le maintien ou le renouvellement de l'agrément des centres de gestion agréés ou des associations agréées des professions libérales, en cas de manquement à leurs missions, au changement de leur équipe dirigeante ; qu'elle se borne ainsi à désigner l'autorité administrative habilitée à exercer, au nom de l'Etat, des attributions qui, en vertu de la loi, relèvent de la compétence du pouvoir exécutif ; qu'elle ne met en cause aucun des principes fondamentaux, ni aucune des règles que l'article 34 de la Constitution a placés dans le domaine de la loi ; que, par suite, elle ressortit à la compétence du pouvoir réglementaire ;
Décide :Article premier :Ont le caractère réglementaire, à l'article 1649 quater K du code général des impôts, les mots : " le directeur régional des impôts ".Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664360_1
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CONSTEXT000017664360
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e7fa5bba9de58f59
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L
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Réglementaire
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Nature juridique de certaines dispositions du code de l'environnement et du code général des collectivités territoriales
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2000-190
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2000-11-07
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Le Conseil constitutionnel a été saisi le 27 octobre 2000 par le Premier ministre, dans les conditions prévues par l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des mots : « loups, renards, blaireaux et aux autres » contenus dans l'article L. 427-6 du code de l'environnement, ainsi que des mots : « désignés dans l'arrêté pris en vertu des articles L. 427-8 et L. 427-9 du code l'environnement, ainsi que les loups et sangliers remis sur le territoire » figurant au 9° de l'article L. 2122-21 du code général des collectivités territoriales ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu le code général des collectivités territoriales, notamment son article L. 2122-21 ;Vu le code de l'environnement, notamment ses articles L. 427-6, L. 427-8 et L. 427-9 ;Le rapporteur ayant été entendu ;
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Nature juridique de certaines dispositions du code de l'environnement et du code général des collectivités territoriales
Le Conseil constitutionnel a été saisi le 27 octobre 2000 par le Premier ministre, dans les conditions prévues par l'article 37, alinéa 2, de la Constitution, d'une demande tendant à l'appréciation de la nature juridique des mots : « loups, renards, blaireaux et aux autres » contenus dans l'article L. 427-6 du code de l'environnement, ainsi que des mots : « désignés dans l'arrêté pris en vertu des articles L. 427-8 et L. 427-9 du code l'environnement, ainsi que les loups et sangliers remis sur le territoire » figurant au 9° de l'article L. 2122-21 du code général des collectivités territoriales ;
LE CONSEIL CONSTITUTIONNEL,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu le code général des collectivités territoriales, notamment son article L. 2122-21 ;Vu le code de l'environnement, notamment ses articles L. 427-6, L. 427-8 et L. 427-9 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664360_2
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CONSTEXT000017664360
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a4a76cc1bf45fa98
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L
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Réglementaire
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Nature juridique de certaines dispositions du code de l'environnement et du code général des collectivités territoriales
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2000-190
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2000-11-07
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1. Considérant que, si l'institution d'une police spéciale de la chasse met en cause les principes fondamentaux du régime de la propriété et relève comme telle, en vertu de l'article 34 de la Constitution, de la compétence du législateur, ressortit en revanche à la compétence du pouvoir réglementaire la détermination des modalités d'exercice de cette police, dès lors qu'elles ne mettent en cause aucune des règles ni aucun des principes fondamentaux que cet article réserve à la loi ;2. Considérant que la désignation des espèces d'animaux nuisibles pouvant faire l'objet de chasses, battues et destructions ordonnées par le préfet conformément à l'article L. 427-6 du code de l'environnement ou par le maire en application du 9° de l'article L. 2122-21 du code général des collectivités territoriales ne touche à aucun de ces principes ou règles ; qu'elle relève, par suite, de la compétence du pouvoir réglementaire ;
Décide :Article premier :Les dispositions soumises à l'examen du Conseil constitutionnel ont le caractère réglementaire.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 7 novembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Nature juridique de certaines dispositions du code de l'environnement et du code général des collectivités territoriales
1. Considérant que, si l'institution d'une police spéciale de la chasse met en cause les principes fondamentaux du régime de la propriété et relève comme telle, en vertu de l'article 34 de la Constitution, de la compétence du législateur, ressortit en revanche à la compétence du pouvoir réglementaire la détermination des modalités d'exercice de cette police, dès lors qu'elles ne mettent en cause aucune des règles ni aucun des principes fondamentaux que cet article réserve à la loi ;2. Considérant que la désignation des espèces d'animaux nuisibles pouvant faire l'objet de chasses, battues et destructions ordonnées par le préfet conformément à l'article L. 427-6 du code de l'environnement ou par le maire en application du 9° de l'article L. 2122-21 du code général des collectivités territoriales ne touche à aucun de ces principes ou règles ; qu'elle relève, par suite, de la compétence du pouvoir réglementaire ;
Décide :Article premier :Les dispositions soumises à l'examen du Conseil constitutionnel ont le caractère réglementaire.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 7 novembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664361_1
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CONSTEXT000017664361
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207aa7cd40e632da
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L
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Réglementaire
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Nature juridique de certaines dispositions de la loi du 2 mai 1991 relatives à l'organisation interprofessionnelle de la conchyliculture
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2000-191
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2001-01-10
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Le Conseil constitutionnel a été saisi le 20 décembre 2000 par le Premier ministre, dans les conditions prévues à l'article 37, alinéa 2, de la Constitution d'une demande tendant à l'appréciation de la nature juridique des mots ", pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture ;
Le Conseil constitutionnel,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture ;Le rapporteur ayant été entendu ;
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Nature juridique de certaines dispositions de la loi du 2 mai 1991 relatives à l'organisation interprofessionnelle de la conchyliculture
Le Conseil constitutionnel a été saisi le 20 décembre 2000 par le Premier ministre, dans les conditions prévues à l'article 37, alinéa 2, de la Constitution d'une demande tendant à l'appréciation de la nature juridique des mots ", pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture ;
Le Conseil constitutionnel,Vu la Constitution, notamment ses articles 34 et 37 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment ses articles 24, 25 et 26 ;Vu la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664361_2
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CONSTEXT000017664361
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9f5f6329473d86f3
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L
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Réglementaire
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Nature juridique de certaines dispositions de la loi du 2 mai 1991 relatives à l'organisation interprofessionnelle de la conchyliculture
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2000-191
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2001-01-10
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1. Considérant que la fixation, par le premier alinéa de l'article 10 de la loi susvisée du 2 mai 1991, de la durée des mandats des membres des organes dirigeants du comité national et des sections régionales de l'organisation interprofessionnelle de la conchyliculture ne met pas en cause les principes fondamentaux " du régime de la propriété, des droits réels et des obligations civiles et commerciales " qui relèvent de la loi en vertu de l'article 34 de la Constitution, non plus qu'aucun des autres principes ou règles placés par la Constitution dans le domaine de la loi ; que, dès lors, ont le caractère réglementaire les mots ", pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi susvisée ;
Décide :Article premier :Ont le caractère réglementaire les mots " , pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 10 janvier 2001, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Nature juridique de certaines dispositions de la loi du 2 mai 1991 relatives à l'organisation interprofessionnelle de la conchyliculture
1. Considérant que la fixation, par le premier alinéa de l'article 10 de la loi susvisée du 2 mai 1991, de la durée des mandats des membres des organes dirigeants du comité national et des sections régionales de l'organisation interprofessionnelle de la conchyliculture ne met pas en cause les principes fondamentaux " du régime de la propriété, des droits réels et des obligations civiles et commerciales " qui relèvent de la loi en vertu de l'article 34 de la Constitution, non plus qu'aucun des autres principes ou règles placés par la Constitution dans le domaine de la loi ; que, dès lors, ont le caractère réglementaire les mots ", pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi susvisée ;
Décide :Article premier :Ont le caractère réglementaire les mots " , pour une durée de quatre ans, " figurant au premier alinéa de l'article 10 de la loi n° 91-411 du 2 mai 1991 relative à l'organisation interprofessionnelle des pêches maritimes et des élevages marins et à l'organisation de la conchyliculture.Article 2 :La présente décision sera notifiée au Premier ministre et publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 10 janvier 2001, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664364_1
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CONSTEXT000017664364
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ebf7e30fd7f44b5b
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ORGA
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Décision du 13 janvier 2000 portant nomination d'un rapporteur adjoint auprès du Conseil constitutionnel
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2000-89
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2000-01-13
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Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958, notamment son titre VII ;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 36, alinéa 2 ;Vu la décision du 6 octobre 1999 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 1999-octobre 2000 ;Vu la lettre du vice-président du Conseil d'Etat en date du 11 janvier 2000 ;En application de la délibération du Conseil constitutionnel en date du 13 janvier 2000,
Décide :Article premier :M. Guillaume Goulard, maître des requêtes au Conseil d'Etat, est nommé rapporteur adjoint auprès du Conseil constitutionnel, en remplacement de M. Jean-Denis Combrexelle.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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Décision du 13 janvier 2000 portant nomination d'un rapporteur adjoint auprès du Conseil constitutionnel
Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958, notamment son titre VII ;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 36, alinéa 2 ;Vu la décision du 6 octobre 1999 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 1999-octobre 2000 ;Vu la lettre du vice-président du Conseil d'Etat en date du 11 janvier 2000 ;En application de la délibération du Conseil constitutionnel en date du 13 janvier 2000,
Décide :Article premier :M. Guillaume Goulard, maître des requêtes au Conseil d'Etat, est nommé rapporteur adjoint auprès du Conseil constitutionnel, en remplacement de M. Jean-Denis Combrexelle.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
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CONSTEXT000017664365_1
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CONSTEXT000017664365
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9c4f2af36be59274
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REF
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Décision du 25 juillet portant nomination des délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
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2000-22
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2000-07-25
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Le Conseil constitutionnel,
Vu la Constitution, notamment ses articles 11 et 60 ;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 48 ;Vu le décret no 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret no 63-766 du 30 juillet 1963 modifié relatif à l'organisation et au fonctionnement du Conseil d'Etat, notamment son article 64 ;Vu la lettre du vice-président du Conseil d'Etat en date du 13 juillet 2000 ;Vu la décision du président du Conseil constitutionnel du 6 octobre 1999 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 1999-octobre 2000 ;Vu la décision du président du Conseil constitutionnel du 13 janvier 2000 portant nomination d'un rapporteur adjoint auprès du Conseil constitutionnel,Décide :
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Décision du 25 juillet portant nomination des délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
Le Conseil constitutionnel,
Vu la Constitution, notamment ses articles 11 et 60 ;Vu l'ordonnance no 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 48 ;Vu le décret no 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret no 63-766 du 30 juillet 1963 modifié relatif à l'organisation et au fonctionnement du Conseil d'Etat, notamment son article 64 ;Vu la lettre du vice-président du Conseil d'Etat en date du 13 juillet 2000 ;Vu la décision du président du Conseil constitutionnel du 6 octobre 1999 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 1999-octobre 2000 ;Vu la décision du président du Conseil constitutionnel du 13 janvier 2000 portant nomination d'un rapporteur adjoint auprès du Conseil constitutionnel,Décide :
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CONSTEXT000017664365_2
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CONSTEXT000017664365
| 2
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5a986e55bd21bb59
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REF
| null |
Décision du 25 juillet portant nomination des délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
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2000-22
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2000-07-25
|
Article premier :Sont désignés, en qualité de délégués du Conseil constitutionnel chargés de suivre sur place les opérations du référendum du 24 septembre 2000 :Les rapporteurs adjoints auprès du Conseil constitutionnel ;Les premiers présidents des cours d'appel et les présidents des tribunaux supérieurs d'appel ainsi que les magistrats qu'ils désigneront à cet effet ;Les présidents des tribunaux administratifs de Basse-Terre, de Cayenne et de Fort-de-France, de Nouméa, de Papeete et de Saint-Denis-de-la-Réunion ainsi que les magistrats qu'ils désigneront à cet effet ;Mme Michèle Puybasset, conseiller d'Etat honoraire, MM. Jacques Arrighi de Casanova, François Loloum, Jean-François Mary, Edouard Philippe et François Seners, maîtres des requêtes au Conseil d'Etat.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 juillet 2000, où siégeaient : MM. Yves GUÉNA, président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Décision du 25 juillet portant nomination des délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
Article premier :Sont désignés, en qualité de délégués du Conseil constitutionnel chargés de suivre sur place les opérations du référendum du 24 septembre 2000 :Les rapporteurs adjoints auprès du Conseil constitutionnel ;Les premiers présidents des cours d'appel et les présidents des tribunaux supérieurs d'appel ainsi que les magistrats qu'ils désigneront à cet effet ;Les présidents des tribunaux administratifs de Basse-Terre, de Cayenne et de Fort-de-France, de Nouméa, de Papeete et de Saint-Denis-de-la-Réunion ainsi que les magistrats qu'ils désigneront à cet effet ;Mme Michèle Puybasset, conseiller d'Etat honoraire, MM. Jacques Arrighi de Casanova, François Loloum, Jean-François Mary, Edouard Philippe et François Seners, maîtres des requêtes au Conseil d'Etat.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 juillet 2000, où siégeaient : MM. Yves GUÉNA, président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664366_1
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CONSTEXT000017664366
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4f42a3dec0ab763a
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REF
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Décision du 6 septembre 2000 portant nomination de délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
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2000-27
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2000-09-06
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Le Conseil constitutionnel,
Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 48 ;Vu le décret du n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 63-766 du 30 juillet 1963 modifié relatif à l'organisation et au fonctionnement du Conseil d'Etat, notamment son article 64 ;Vu la lettre du vice-président du Conseil d'Etat en date du 13 juillet 2000 ;
Décide :Article premier :A Mayotte, sont désignés en qualité de délégués du Conseil constitutionnel chargés de suivre sur place les opérations du référendum du 24 septembre 2000, le Président du tribunal administratif de Mamoudzou ainsi que les magistrats qu'il désignera à cet effet.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Décision du 6 septembre 2000 portant nomination de délégués du Conseil constitutionnel chargés de suivre sur place les opérations de référendum
Le Conseil constitutionnel,
Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 48 ;Vu le décret du n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 63-766 du 30 juillet 1963 modifié relatif à l'organisation et au fonctionnement du Conseil d'Etat, notamment son article 64 ;Vu la lettre du vice-président du Conseil d'Etat en date du 13 juillet 2000 ;
Décide :Article premier :A Mayotte, sont désignés en qualité de délégués du Conseil constitutionnel chargés de suivre sur place les opérations du référendum du 24 septembre 2000, le Président du tribunal administratif de Mamoudzou ainsi que les magistrats qu'il désignera à cet effet.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664367_1
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CONSTEXT000017664367
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26c46e8c2b03d9ce
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ORGA
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Décision du 7 novembre 2000 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel
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2000-90
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2000-11-07
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Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958, notamment son titre VII ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 7 novembre 2000,
Décide :Article premier :Sont nommés rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 2000-octobre 2001 : Madame Christine MAUGÜÉ, Monsieur Gilles BACHELIER, Madame Anne-Françoise ROUL, Messieurs Laurent TOUVET et Guillaume GOULARD, maîtres des requêtes au Conseil d'Etat, et Madame Michèle DAYRIES, Messieurs Jean-Pierre BONIN, Didier GUÉDON, Philippe GEOFFROY et Omar SENHAJI, conseillers référendaires à la Cour des Comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 7 novembre 2000
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Décision du 7 novembre 2000 portant nomination des rapporteurs adjoints auprès du Conseil constitutionnel
Le président du Conseil constitutionnel,
Vu la Constitution du 4 octobre 1958, notamment son titre VII ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 modifiée portant loi organique sur le Conseil constitutionnel, notamment son article 36, alinéa 2 ;En application de la délibération du Conseil constitutionnel en date du 7 novembre 2000,
Décide :Article premier :Sont nommés rapporteurs adjoints auprès du Conseil constitutionnel pour la période octobre 2000-octobre 2001 : Madame Christine MAUGÜÉ, Monsieur Gilles BACHELIER, Madame Anne-Françoise ROUL, Messieurs Laurent TOUVET et Guillaume GOULARD, maîtres des requêtes au Conseil d'Etat, et Madame Michèle DAYRIES, Messieurs Jean-Pierre BONIN, Didier GUÉDON, Philippe GEOFFROY et Omar SENHAJI, conseillers référendaires à la Cour des Comptes.Article 2 :La présente décision sera publiée au Journal officiel de la République française.Fait à Paris, le 7 novembre 2000
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CONSTEXT000017664368_1
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CONSTEXT000017664368
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5b40f6969dc08836
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REF
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Rejet
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-21
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2000-07-25
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Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 18 juillet 2000, dirigée par Monsieur Stéphane HAUCHEMAILLE contre le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le mémoire complémentaire de M. HAUCHEMAILLE, enregistré au Secrétariat général du Conseil constitutionnel le 24 juillet 2000, dirigé contre le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum et contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu la Constitution, notamment ses articles 19, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses contreseings comme indiqué au Journal officiel de la République française en date du 20 juillet 2000 ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 18 juillet 2000, dirigée par Monsieur Stéphane HAUCHEMAILLE contre le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le mémoire complémentaire de M. HAUCHEMAILLE, enregistré au Secrétariat général du Conseil constitutionnel le 24 juillet 2000, dirigé contre le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum et contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu la Constitution, notamment ses articles 19, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses contreseings comme indiqué au Journal officiel de la République française en date du 20 juillet 2000 ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664368_2
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CONSTEXT000017664368
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9c792ee9661e93c3
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REF
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Rejet
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-21
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2000-07-25
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1. Considérant que le requérant demande au Conseil constitutionnel d'annuler les trois décrets susvisés ; que, selon lui, le décret n° 2000-655 du 12 juillet 2000 aurait dû comporter le contreseing du ministre de la justice et celui du ministre chargé des relations avec le Parlement ; que le décret n° 2000-666 du 18 juillet 2000 devrait être annulé par voie de conséquence et, de plus, comme dépourvu des contreseings du ministre de la justice et du ministre des affaires étrangères ; qu'enfin le décret n° 2000-667 du 18 juillet 2000 devrait être annulé par voie de conséquence de l'annulation des deux précédents ;2. Considérant qu'aux termes de l'article 46 de l'ordonnance susvisée du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel : "Le Conseil constitutionnel est consulté par le Gouvernement sur l'organisation des opérations de référendum. Il est avisé sans délai de toute mesure prise à ce sujet" ; qu'à ceux de son article 49 : "Le Conseil constitutionnel assure directement la surveillance du recensement général" ; qu'enfin, l'article 50 de la même ordonnance dispose que : "Le Conseil examine et tranche définitivement toutes les réclamations. Dans le cas où le Conseil constitutionnel constate l'existence d'irrégularités dans le déroulement des opérations, il lui appartient d'apprécier si, eu égard à la nature et à la gravité de ces irrégularités, il y a lieu soit de maintenir lesdites opérations, soit de prononcer leur annulation totale ou partielle." ;3.
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
1. Considérant que le requérant demande au Conseil constitutionnel d'annuler les trois décrets susvisés ; que, selon lui, le décret n° 2000-655 du 12 juillet 2000 aurait dû comporter le contreseing du ministre de la justice et celui du ministre chargé des relations avec le Parlement ; que le décret n° 2000-666 du 18 juillet 2000 devrait être annulé par voie de conséquence et, de plus, comme dépourvu des contreseings du ministre de la justice et du ministre des affaires étrangères ; qu'enfin le décret n° 2000-667 du 18 juillet 2000 devrait être annulé par voie de conséquence de l'annulation des deux précédents ;2. Considérant qu'aux termes de l'article 46 de l'ordonnance susvisée du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel : "Le Conseil constitutionnel est consulté par le Gouvernement sur l'organisation des opérations de référendum. Il est avisé sans délai de toute mesure prise à ce sujet" ; qu'à ceux de son article 49 : "Le Conseil constitutionnel assure directement la surveillance du recensement général" ; qu'enfin, l'article 50 de la même ordonnance dispose que : "Le Conseil examine et tranche définitivement toutes les réclamations. Dans le cas où le Conseil constitutionnel constate l'existence d'irrégularités dans le déroulement des opérations, il lui appartient d'apprécier si, eu égard à la nature et à la gravité de ces irrégularités, il y a lieu soit de maintenir lesdites opérations, soit de prononcer leur annulation totale ou partielle." ;3.
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CONSTEXT000017664368_3
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CONSTEXT000017664368
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85e11e99f8f2334b
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REF
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Rejet
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-21
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2000-07-25
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appartient d'apprécier si, eu égard à la nature et à la gravité de ces irrégularités, il y a lieu soit de maintenir lesdites opérations, soit de prononcer leur annulation totale ou partielle." ;3. Considérant qu'il résulte de l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 que les attributions du Conseil constitutionnel ont un caractère consultatif en ce qui concerne l'organisation des opérations de référendum ; qu'en revanche, conformément aux dispositions des articles 49 et 50 de ladite ordonnance, le rôle du Conseil a un caractère juridictionnel lorsqu'il statue sur les réclamations afférentes au déroulement de ces opérations ;4. Considérant que les décrets contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;5. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
appartient d'apprécier si, eu égard à la nature et à la gravité de ces irrégularités, il y a lieu soit de maintenir lesdites opérations, soit de prononcer leur annulation totale ou partielle." ;3. Considérant qu'il résulte de l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 que les attributions du Conseil constitutionnel ont un caractère consultatif en ce qui concerne l'organisation des opérations de référendum ; qu'en revanche, conformément aux dispositions des articles 49 et 50 de ladite ordonnance, le rôle du Conseil a un caractère juridictionnel lorsqu'il statue sur les réclamations afférentes au déroulement de ces opérations ;4. Considérant que les décrets contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;5. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui
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CONSTEXT000017664368_4
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CONSTEXT000017664368
| 4
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07d6bb1fcbe29726
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REF
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Rejet
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-21
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2000-07-25
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par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;6. Considérant qu'en l'espèce, les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies eu égard à la nature des actes contestés et des griefs invoqués ;7. Considérant qu'aux termes de l'article 19 de la Constitution "Les actes du Président de la République autres que ceux prévus aux articles 8 (1er alinéa), 11, 12, 16, 18, 54, 56 et 61 sont contresignés par le Premier Ministre et, le cas échéant, par les ministres responsables." ;8. Considérant, en premier lieu, s'agissant du décret n° 2000-655 du 12 juillet 2000, que les membres du Gouvernement dont l'absence de contreseing est critiquée n'ont pas la qualité de "ministres responsables" au sens de l'article 19 de la Constitution, dès lors qu'il ne leur incombait pas à titre principal de préparer et d'appliquer le décret en cause du Président de la République ;9. Considérant, en deuxième lieu, s'agissant du décret n° 2000-666 du 18 juillet 2000 rectifié, que le grief tiré du défaut de contreseing du ministre de la
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;6. Considérant qu'en l'espèce, les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies eu égard à la nature des actes contestés et des griefs invoqués ;7. Considérant qu'aux termes de l'article 19 de la Constitution "Les actes du Président de la République autres que ceux prévus aux articles 8 (1er alinéa), 11, 12, 16, 18, 54, 56 et 61 sont contresignés par le Premier Ministre et, le cas échéant, par les ministres responsables." ;8. Considérant, en premier lieu, s'agissant du décret n° 2000-655 du 12 juillet 2000, que les membres du Gouvernement dont l'absence de contreseing est critiquée n'ont pas la qualité de "ministres responsables" au sens de l'article 19 de la Constitution, dès lors qu'il ne leur incombait pas à titre principal de préparer et d'appliquer le décret en cause du Président de la République ;9. Considérant, en deuxième lieu, s'agissant du décret n° 2000-666 du 18 juillet 2000 rectifié, que le grief tiré du défaut de contreseing du ministre de la
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CONSTEXT000017664368_5
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CONSTEXT000017664368
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20bb237ee345f2be
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REF
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Rejet
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-21
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2000-07-25
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en cause du Président de la République ;9. Considérant, en deuxième lieu, s'agissant du décret n° 2000-666 du 18 juillet 2000 rectifié, que le grief tiré du défaut de contreseing du ministre de la Justice et du ministre des Affaires étrangères manque en fait ;10. Considérant, enfin, que le décret n° 2000-667 du 18 juillet 2000 n'est contesté qu'en raison des vices qui entacheraient, selon le requérant, les deux précédents décrets ;11. Considérant qu'il résulte de ce qui précède que les conclusions de M. HAUCHEMAILLE doivent être rejetées ;
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Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
en cause du Président de la République ;9. Considérant, en deuxième lieu, s'agissant du décret n° 2000-666 du 18 juillet 2000 rectifié, que le grief tiré du défaut de contreseing du ministre de la Justice et du ministre des Affaires étrangères manque en fait ;10. Considérant, enfin, que le décret n° 2000-667 du 18 juillet 2000 n'est contesté qu'en raison des vices qui entacheraient, selon le requérant, les deux précédents décrets ;11. Considérant qu'il résulte de ce qui précède que les conclusions de M. HAUCHEMAILLE doivent être rejetées ;
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CONSTEXT000017664368_6
|
CONSTEXT000017664368
| 6
|
5ed4a271e3d2466b
|
REF
|
Rejet
|
Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
|
2000-21
|
2000-07-25
|
Décide :Article premier :La requête et le mémoire complémentaire de Monsieur Stéphane HAUCHEMAILLE sont rejetés.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 juillet 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
|
Décision du 25 juillet 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Décide :Article premier :La requête et le mémoire complémentaire de Monsieur Stéphane HAUCHEMAILLE sont rejetés.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 25 juillet 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664369_1
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CONSTEXT000017664369
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abe690ea829b9738
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-24
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2000-08-23
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Le Conseil constitutionnel,
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Le Conseil constitutionnel,
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CONSTEXT000017664369_2
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CONSTEXT000017664369
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f0db778b4c815e2f
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-24
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2000-08-23
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Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 1er août 2000, présentée par Monsieur Stéphane HAUCHEMAILLE et dirigée contre :1) le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;2) le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;3) le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;4) la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel relative à l'ensemble des services de radiodiffusion sonore et de télévision en vue du référendum du 24septembre 2000 ;5) la décision n° 2000-409 du 26 juillet 2000 du Conseil supérieur de l'audiovisuel relative aux conditions de production, de programmation et de diffusion des émissions relatives à la campagne officielle radiotélévisée en vue du référendum du 24 septembre 2000 ;Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 1er août 2000, présentée par Monsieur Stéphane HAUCHEMAILLE et dirigée contre :1) le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;2) le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;3) le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;4) la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel relative à l'ensemble des services de radiodiffusion sonore et de télévision en vue du référendum du 24septembre 2000 ;5) la décision n° 2000-409 du 26 juillet 2000 du Conseil supérieur de l'audiovisuel relative aux conditions de production, de programmation et de diffusion des émissions relatives à la campagne officielle radiotélévisée en vue du référendum du 24 septembre 2000 ;Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses
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CONSTEXT000017664369_3
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CONSTEXT000017664369
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b81b608be31fb1cc
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-24
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2000-08-23
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2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses contreseings comme indiqué au Journal officiel de la République française en date du 20 juillet 2000 ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel relative à l'ensemble des services de radiodiffusion sonore et de télévision en vue du référendum du 24 septembre 2000 ;Vu la décision n° 2000-409 du 26 juillet 2000 du Conseil supérieur de l'audiovisuel relative aux conditions de production, de programmation et de diffusion des émissions relatives à la campagne officielle radiotélévisée en vue du référendum du 24 septembre 2000 ;Le rapporteur ayant été entendu ;
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum, rectifié en ce qui concerne ses contreseings comme indiqué au Journal officiel de la République française en date du 20 juillet 2000 ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel relative à l'ensemble des services de radiodiffusion sonore et de télévision en vue du référendum du 24 septembre 2000 ;Vu la décision n° 2000-409 du 26 juillet 2000 du Conseil supérieur de l'audiovisuel relative aux conditions de production, de programmation et de diffusion des émissions relatives à la campagne officielle radiotélévisée en vue du référendum du 24 septembre 2000 ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664369_4
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CONSTEXT000017664369
| 4
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f0bbcd6ee0303792
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-24
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2000-08-23
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SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :1. Considérant que les actes contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;2. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;3. Considérant que les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies, eu égard à leur nature, en ce qui concerne le décret n° 2000-655 du 12 juillet 2000 et les décrets n° 2000-666 et n° 2000-667 du 18 juillet 2000 ; qu'en revanche, elles ne le sont pas en ce qui concerne la
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :1. Considérant que les actes contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;2. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;3. Considérant que les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies, eu égard à leur nature, en ce qui concerne le décret n° 2000-655 du 12 juillet 2000 et les décrets n° 2000-666 et n° 2000-667 du 18 juillet 2000 ; qu'en revanche, elles ne le sont pas en ce qui concerne la
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CONSTEXT000017664369_5
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CONSTEXT000017664369
| 5
|
a9e7ad41c304fe09
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-24
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2000-08-23
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à leur nature, en ce qui concerne le décret n° 2000-655 du 12 juillet 2000 et les décrets n° 2000-666 et n° 2000-667 du 18 juillet 2000 ; qu'en revanche, elles ne le sont pas en ce qui concerne la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel et la décision n° 2000-409 du 26 juillet 2000 de la même autorité ;- SUR LE FOND :4. Considérant qu'aucun des moyens soulevés par le requérant à l'encontre des décrets susvisés des 12 et 18 juillet 2000 ne présente de caractère sérieux ;5. Considérant qu'il résulte de tout ce qui précède que la requête de M. Hauchemaille ne saurait être accueillie ;
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
à leur nature, en ce qui concerne le décret n° 2000-655 du 12 juillet 2000 et les décrets n° 2000-666 et n° 2000-667 du 18 juillet 2000 ; qu'en revanche, elles ne le sont pas en ce qui concerne la recommandation n° 2000-3 du 24 juillet 2000 du Conseil supérieur de l'audiovisuel et la décision n° 2000-409 du 26 juillet 2000 de la même autorité ;- SUR LE FOND :4. Considérant qu'aucun des moyens soulevés par le requérant à l'encontre des décrets susvisés des 12 et 18 juillet 2000 ne présente de caractère sérieux ;5. Considérant qu'il résulte de tout ce qui précède que la requête de M. Hauchemaille ne saurait être accueillie ;
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CONSTEXT000017664369_6
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CONSTEXT000017664369
| 6
|
f2bf739edcaf89f4
|
REF
|
Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
|
2000-24
|
2000-08-23
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Décide :Article premier :La requête de Monsieur Stéphane HAUCHEMAILLE est rejetée.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 23 août 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
|
Décision du 23 août 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Décide :Article premier :La requête de Monsieur Stéphane HAUCHEMAILLE est rejetée.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 23 août 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664370_1
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CONSTEXT000017664370
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123b854c11e7a1d0
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
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2000-23
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2000-08-23
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Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 31 juillet 2000, présentée par Monsieur Pierre LARROUTUROU et dirigée contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu les mémoires complémentaires de M. LARROUTUROU, enregistrés au Secrétariat général du Conseil constitutionnel les 3 août 2000 et 7 août 2000, dirigés contre l'article 3 du décret susvisé du 18 juillet 2000 ;Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 31 juillet 2000, présentée par Monsieur Pierre LARROUTUROU et dirigée contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu les mémoires complémentaires de M. LARROUTUROU, enregistrés au Secrétariat général du Conseil constitutionnel les 3 août 2000 et 7 août 2000, dirigés contre l'article 3 du décret susvisé du 18 juillet 2000 ;Vu la Constitution, notamment ses articles 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664370_2
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CONSTEXT000017664370
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2b28bb929846a10e
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
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2000-23
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2000-08-23
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1. Considérant que le requérant demande au Conseil constitutionnel de déclarer contraire à la Constitution l'article 3 du décret susvisé du 18 juillet 2000 ; qu'il soutient qu'en habilitant à participer à la campagne en vue du référendum, outre les partis ou groupements politiques représentés au sein d'un groupe parlementaire, les partis ou groupements politiques ayant obtenu au moins 5 % des suffrages exprimés à l'élection des représentants au Parlement européen du 13 juin 1999, cet article méconnaîtrait les articles 2, 3 et 4 de la Constitution ; que le requérant fait valoir également que la campagne précédant l'élection du 13 juin 1999 aurait été marquée par une très grande inégalité dans l'accès des "petites listes" aux émissions radiotélévisées ;-SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :2. Considérant que le décret contesté a été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de cet acte que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;3. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
1. Considérant que le requérant demande au Conseil constitutionnel de déclarer contraire à la Constitution l'article 3 du décret susvisé du 18 juillet 2000 ; qu'il soutient qu'en habilitant à participer à la campagne en vue du référendum, outre les partis ou groupements politiques représentés au sein d'un groupe parlementaire, les partis ou groupements politiques ayant obtenu au moins 5 % des suffrages exprimés à l'élection des représentants au Parlement européen du 13 juin 1999, cet article méconnaîtrait les articles 2, 3 et 4 de la Constitution ; que le requérant fait valoir également que la campagne précédant l'élection du 13 juin 1999 aurait été marquée par une très grande inégalité dans l'accès des "petites listes" aux émissions radiotélévisées ;-SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :2. Considérant que le décret contesté a été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de cet acte que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;3. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient
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CONSTEXT000017664370_3
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CONSTEXT000017664370
| 3
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953d3245218c8873
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
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2000-23
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2000-08-23
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;3. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;4. Considérant qu'en l'espèce, les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies eu égard à la nature de l'acte contesté et des griefs invoqués ;- SUR LE FOND DU LITIGE :5. Considérant qu'aux termes de l'article 4 de la Constitution : "Les partis et groupements politiques concourent à l'expression du suffrage" ; qu'aux termes du premier alinéa de l'article 3 du décret contesté : "Les partis et groupements politiques représentés, à la date du présent décret, par au moins cinq députés ou cinq sénateurs au sein d'un groupe parlementaire à l'Assemblée nationale ou au Sénat sont habilités à leur demande à participer à la campagne..." ; qu'aux termes du deuxième alinéa du même article : "Sont également habilités à leur demande à participer à la campagne les autres partis ou groupements, dès lors qu'ils ont obtenu, seuls ou
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
;3. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;4. Considérant qu'en l'espèce, les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies eu égard à la nature de l'acte contesté et des griefs invoqués ;- SUR LE FOND DU LITIGE :5. Considérant qu'aux termes de l'article 4 de la Constitution : "Les partis et groupements politiques concourent à l'expression du suffrage" ; qu'aux termes du premier alinéa de l'article 3 du décret contesté : "Les partis et groupements politiques représentés, à la date du présent décret, par au moins cinq députés ou cinq sénateurs au sein d'un groupe parlementaire à l'Assemblée nationale ou au Sénat sont habilités à leur demande à participer à la campagne..." ; qu'aux termes du deuxième alinéa du même article : "Sont également habilités à leur demande à participer à la campagne les autres partis ou groupements, dès lors qu'ils ont obtenu, seuls ou
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CONSTEXT000017664370_4
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CONSTEXT000017664370
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2cd4d00ea1a20a9b
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
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2000-23
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2000-08-23
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; qu'aux termes du deuxième alinéa du même article : "Sont également habilités à leur demande à participer à la campagne les autres partis ou groupements, dès lors qu'ils ont obtenu, seuls ou au sein d'une coalition formée entre eux, au plan national, au moins 5 % des suffrages exprimés à l'élection des représentants au Parlement européen qui a eu lieu le 13 juin 1999" ;6. Considérant, en premier lieu, qu'en ajoutant au critère tiré de la représentation au sein d'un groupe parlementaire un critère d'habilitation des partis ou groupements politiques tiré des résultats obtenus à la dernière élection des représentants au Parlement européen et en fixant un seuil de 5 % des suffrages exprimés, les auteurs du décret n'ont, en raison notamment du caractère limité du temps d'antenne disponible à la radio et à la télévision en vue de la campagne officielle, ni porté atteinte à l'égalité entre les partis et groupements politiques, ni violé le principe de valeur constitutionnelle du pluralisme des courants d'idées et d'opinions ;7. Considérant, en second lieu, que le moyen selon lequel auraient été inéquitables les conditions de participation des partis politiques à la campagne en vue de l'élection des représentants au Parlement européen qui a eu lieu le 13 juin 1999 met en cause les résultats d'une élection passée ; qu'un tel moyen doit être rejeté ;8. Considérant qu'il résulte de ce qui précède que les conclusions du requérant doivent être rejetées ;
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
; qu'aux termes du deuxième alinéa du même article : "Sont également habilités à leur demande à participer à la campagne les autres partis ou groupements, dès lors qu'ils ont obtenu, seuls ou au sein d'une coalition formée entre eux, au plan national, au moins 5 % des suffrages exprimés à l'élection des représentants au Parlement européen qui a eu lieu le 13 juin 1999" ;6. Considérant, en premier lieu, qu'en ajoutant au critère tiré de la représentation au sein d'un groupe parlementaire un critère d'habilitation des partis ou groupements politiques tiré des résultats obtenus à la dernière élection des représentants au Parlement européen et en fixant un seuil de 5 % des suffrages exprimés, les auteurs du décret n'ont, en raison notamment du caractère limité du temps d'antenne disponible à la radio et à la télévision en vue de la campagne officielle, ni porté atteinte à l'égalité entre les partis et groupements politiques, ni violé le principe de valeur constitutionnelle du pluralisme des courants d'idées et d'opinions ;7. Considérant, en second lieu, que le moyen selon lequel auraient été inéquitables les conditions de participation des partis politiques à la campagne en vue de l'élection des représentants au Parlement européen qui a eu lieu le 13 juin 1999 met en cause les résultats d'une élection passée ; qu'un tel moyen doit être rejeté ;8. Considérant qu'il résulte de ce qui précède que les conclusions du requérant doivent être rejetées ;
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CONSTEXT000017664370_5
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CONSTEXT000017664370
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6aab740eb3f7a8f7
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REF
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Rejet
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
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2000-23
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2000-08-23
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Décide :Article premier :La requête et les mémoires complémentaires de Monsieur Pierre LARROUTUROU sont rejetés.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 23 août 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Décision du 23 août 2000 sur une requête présentée par Monsieur Pierre LARROUTUROU
Décide :Article premier :La requête et les mémoires complémentaires de Monsieur Pierre LARROUTUROU sont rejetés.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 23 août 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664371_1
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CONSTEXT000017664371
| 1
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a2b299b13d0e25a1
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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Le Conseil constitutionnel,
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Le Conseil constitutionnel,
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CONSTEXT000017664371_2
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CONSTEXT000017664371
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9eb63a291f05693b
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 29 août 2000, et le mémoire complémentaire, enregistré le 5 septembre 2000, par lesquels Monsieur Stéphane HAUCHEMAILLE formule divers voeux et demande l'annulation :1° du décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;2° du décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;3° du décret n° 2000-731 du 1er août 2000 étendant certaines dispositions pénales du code électoral aux opérations de référendum ;4° du décret n° 2000-835 du 31 août 2000 fixant pour les territoires d'outre-mer, la Nouvelle Calédonie, Mayotte et Saint-Pierre et Miquelon les conditions d'application des décrets n° 2000-666 et 2000-667 susvisés du 18 juillet 2000 ;5° de l'arrêté du 23 août 2000 portant répartition du temps de parole pour la campagne en vue du référendum ;6° de l'arrêté du 24 août 2000 fixant la liste des organisations politiques habilitées à participer à la campagne en vue du référendum ;Vu la Constitution, notamment ses articles 5, 13, 21, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 29 août 2000, et le mémoire complémentaire, enregistré le 5 septembre 2000, par lesquels Monsieur Stéphane HAUCHEMAILLE formule divers voeux et demande l'annulation :1° du décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;2° du décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;3° du décret n° 2000-731 du 1er août 2000 étendant certaines dispositions pénales du code électoral aux opérations de référendum ;4° du décret n° 2000-835 du 31 août 2000 fixant pour les territoires d'outre-mer, la Nouvelle Calédonie, Mayotte et Saint-Pierre et Miquelon les conditions d'application des décrets n° 2000-666 et 2000-667 susvisés du 18 juillet 2000 ;5° de l'arrêté du 23 août 2000 portant répartition du temps de parole pour la campagne en vue du référendum ;6° de l'arrêté du 24 août 2000 fixant la liste des organisations politiques habilitées à participer à la campagne en vue du référendum ;Vu la Constitution, notamment ses articles 5, 13, 21, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le
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CONSTEXT000017664371_3
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CONSTEXT000017664371
| 3
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75dcca0d6eb5a878
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu le décret n° 2000-731 du 1er août 2000 étendant certaines dispositions pénales du code électoral aux opérations de référendum ;Vu le décret n° 2000-835 du 31 août 2000 fixant pour les territoires d'outre-mer, la Nouvelle-Calédonie, Mayotte et Saint-Pierre-et-Miquelon les conditions d'application des décrets n° 2000-666 du 18 juillet 2000 portant organisation du référendum et n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu l'arrêté du 23 août 2000 portant répartition du temps de parole pour la campagne en vue du référendum ;Vu l'arrêté du 24 août 2000 fixant la liste des organisations politiques habilitées à participer à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
pour les réclamations relatives aux opérations de référendum ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-666 du 18 juillet 2000 portant organisation du référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu le décret n° 2000-731 du 1er août 2000 étendant certaines dispositions pénales du code électoral aux opérations de référendum ;Vu le décret n° 2000-835 du 31 août 2000 fixant pour les territoires d'outre-mer, la Nouvelle-Calédonie, Mayotte et Saint-Pierre-et-Miquelon les conditions d'application des décrets n° 2000-666 du 18 juillet 2000 portant organisation du référendum et n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu l'arrêté du 23 août 2000 portant répartition du temps de parole pour la campagne en vue du référendum ;Vu l'arrêté du 24 août 2000 fixant la liste des organisations politiques habilitées à participer à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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CONSTEXT000017664371_4
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CONSTEXT000017664371
| 4
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1d9dba259bd0ca9a
|
REF
|
Rejet
|
Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
|
2000-09-06
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1. Considérant que la requête de M. HAUCHEMAILLE comporte deux séries de demandes ; que les premières consistent en des voeux adressés au Conseil constitutionnel et tendent notamment à ce que celui-ci modifie les visas d'une de ses décisions et à ce qu'il rende publics les avis rendus par lui dans le cadre de la préparation du scrutin ; que les secondes constituent des conclusions aux fins d'annulation ; qu'il conteste à ce titre le décret n° 2000-666 susvisé du 18 juillet 2000 et, par voie de conséquence, les décrets susvisés n° 2000-667 du 18 juillet 2000 et n° 2000-731 du 1er août 2000, ainsi que les arrêtés susvisés en date des 23 et 24 août 2000 ; qu'il demande en outre l'annulation du décret susvisé n° 2000-835 du 31 août 2000 ;- SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :. En ce qui concerne les voeux émis par le requérant :2. Considérant qu'il n'appartient pas au Conseil constitutionnel de statuer sur des voeux ;. En ce qui concerne les actes attaqués :3. Considérant que les actes contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;4. Considérant,
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
1. Considérant que la requête de M. HAUCHEMAILLE comporte deux séries de demandes ; que les premières consistent en des voeux adressés au Conseil constitutionnel et tendent notamment à ce que celui-ci modifie les visas d'une de ses décisions et à ce qu'il rende publics les avis rendus par lui dans le cadre de la préparation du scrutin ; que les secondes constituent des conclusions aux fins d'annulation ; qu'il conteste à ce titre le décret n° 2000-666 susvisé du 18 juillet 2000 et, par voie de conséquence, les décrets susvisés n° 2000-667 du 18 juillet 2000 et n° 2000-731 du 1er août 2000, ainsi que les arrêtés susvisés en date des 23 et 24 août 2000 ; qu'il demande en outre l'annulation du décret susvisé n° 2000-835 du 31 août 2000 ;- SUR LA COMPETENCE DU CONSEIL CONSTITUTIONNEL :. En ce qui concerne les voeux émis par le requérant :2. Considérant qu'il n'appartient pas au Conseil constitutionnel de statuer sur des voeux ;. En ce qui concerne les actes attaqués :3. Considérant que les actes contestés ont été préalablement soumis à la consultation exigée par l'article 46 de l'ordonnance portant loi organique du 7 novembre 1958 ; que, dès lors, un électeur n'est en principe recevable à inviter le Conseil constitutionnel à statuer en la forme juridictionnelle sur la régularité de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;4. Considérant,
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CONSTEXT000017664371_5
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CONSTEXT000017664371
| 5
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7ffaf7d9c5db34aa
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;4. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;5. Considérant que les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies en ce qui concerne les décrets n°s 2000-666 du 18 juillet 2000, 2000-667 du 18 juillet 2000 et 2000-835 du 31 août 2000 ; qu'en revanche elles ne sont réunies ni en ce qui concerne le décret n° 2000-731 du 1er août 2000, qui se borne à rendre applicables aux opérations de référendum trois articles réglementaires du code pénal, ni en ce qui concerne les arrêtés susvisés des 23 et 24 août 2000 relatifs à la campagne organisée en vue du référendum ;- SUR LA LEGALITE DES DECRETS N°S 2000-666 ET 2000-667 DU 18 JUILLET 2000 :6. Considérant que, pour demander l'annulation du
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
de ces actes que dans les conditions définies par l'article 50 de l'ordonnance portant loi organique du 7 novembre 1958, précisées et complétées par le règlement de procédure susvisé ;4. Considérant, cependant, qu'en vertu de la mission générale de contrôle de la régularité des opérations référendaires qui lui est conférée par l'article 60 de la Constitution, il appartient au Conseil constitutionnel de statuer sur les requêtes mettant en cause la régularité d'opérations à venir dans les cas où l'irrecevabilité qui serait opposée à ces requêtes risquerait de compromettre gravement l'efficacité de son contrôle des opérations référendaires, vicierait le déroulement général du vote ou porterait atteinte au fonctionnement normal des pouvoirs publics ;5. Considérant que les conditions qui permettent exceptionnellement au Conseil constitutionnel de statuer avant la proclamation des résultats du scrutin sont réunies en ce qui concerne les décrets n°s 2000-666 du 18 juillet 2000, 2000-667 du 18 juillet 2000 et 2000-835 du 31 août 2000 ; qu'en revanche elles ne sont réunies ni en ce qui concerne le décret n° 2000-731 du 1er août 2000, qui se borne à rendre applicables aux opérations de référendum trois articles réglementaires du code pénal, ni en ce qui concerne les arrêtés susvisés des 23 et 24 août 2000 relatifs à la campagne organisée en vue du référendum ;- SUR LA LEGALITE DES DECRETS N°S 2000-666 ET 2000-667 DU 18 JUILLET 2000 :6. Considérant que, pour demander l'annulation du
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CONSTEXT000017664371_6
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CONSTEXT000017664371
| 6
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2517899aecfe7593
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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23 et 24 août 2000 relatifs à la campagne organisée en vue du référendum ;- SUR LA LEGALITE DES DECRETS N°S 2000-666 ET 2000-667 DU 18 JUILLET 2000 :6. Considérant que, pour demander l'annulation du décret n° 2000-666 du 18 juillet 2000, le requérant soutient qu'il serait entaché d'incompétence dès lors que l'article 34 de la Constitution réserve au pouvoir législatif la fixation des règles concernant les droits civiques et les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques ;7. Considérant que si aux termes du deuxième alinéa de l'article 34 de la Constitution : "La loi fixe les règles concernant les droits civiques et les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques», c'est au pouvoir réglementaire, dès lors que manquent les dispositions législatives nécessaires, qu'il incombe de fixer les modalités d'exécution de la décision par laquelle le Président de la République, faisant usage de ses prérogatives constitutionnelles, soumet un texte au référendum que ce soit en application de l'article 11 ou de l'article 89 de la Constitution ; qu'il appartient ainsi au pouvoir réglementaire de rendre applicables, avec les adaptations justifiées par ce type de consultation, les dispositions législatives et réglementaires régissant d'autres consultations électorales ; qu'il y a lieu par suite de rejeter les conclusions dirigées contre le décret n° 2000-666 du 18 juillet 2000, ainsi que les conclusions en
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
23 et 24 août 2000 relatifs à la campagne organisée en vue du référendum ;- SUR LA LEGALITE DES DECRETS N°S 2000-666 ET 2000-667 DU 18 JUILLET 2000 :6. Considérant que, pour demander l'annulation du décret n° 2000-666 du 18 juillet 2000, le requérant soutient qu'il serait entaché d'incompétence dès lors que l'article 34 de la Constitution réserve au pouvoir législatif la fixation des règles concernant les droits civiques et les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques ;7. Considérant que si aux termes du deuxième alinéa de l'article 34 de la Constitution : "La loi fixe les règles concernant les droits civiques et les garanties fondamentales accordées aux citoyens pour l'exercice des libertés publiques», c'est au pouvoir réglementaire, dès lors que manquent les dispositions législatives nécessaires, qu'il incombe de fixer les modalités d'exécution de la décision par laquelle le Président de la République, faisant usage de ses prérogatives constitutionnelles, soumet un texte au référendum que ce soit en application de l'article 11 ou de l'article 89 de la Constitution ; qu'il appartient ainsi au pouvoir réglementaire de rendre applicables, avec les adaptations justifiées par ce type de consultation, les dispositions législatives et réglementaires régissant d'autres consultations électorales ; qu'il y a lieu par suite de rejeter les conclusions dirigées contre le décret n° 2000-666 du 18 juillet 2000, ainsi que les conclusions en
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CONSTEXT000017664371_7
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CONSTEXT000017664371
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35f33ee42cd697cb
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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régissant d'autres consultations électorales ; qu'il y a lieu par suite de rejeter les conclusions dirigées contre le décret n° 2000-666 du 18 juillet 2000, ainsi que les conclusions en annulation présentées par voie de conséquence à l'encontre du décret n° 2000-667 du même jour ;- SUR LA LEGALITE DU DECRET N° 2000-835 DU 31 AOÛT 2000 :8. Considérant que le requérant soulève deux griefs à l'encontre de ce décret ; qu'il soutient en premier lieu que l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé, en application duquel est intervenu le décret attaqué, porte atteinte au pouvoir réglementaire confié au Premier ministre par l'article 21 de la Constitution ; qu'en second lieu, selon le requérant, la nomination de M. Daniel Vaillant en qualité de ministre de l'intérieur et celle de M. Christian Paul en qualité de secrétaire d'Etat à l'outre-mer n'avaient pas encore produit leurs effets à la date à laquelle ils ont contresigné le décret critiqué ;9. Considérant, en premier lieu, qu'en vertu de l'article 21 de la Constitution, le Premier ministre exerce le pouvoir réglementaire "sous réserve de l'article 13" ; que le premier alinéa de l'article 13 de la Constitution dispose que : "Le Président de la République signe les ordonnances et les décrets délibérés en Conseil des ministres" ; que ces règles ne sont nullement méconnues par les dispositions de l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé aux termes desquelles : "un décret en Conseil des
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
régissant d'autres consultations électorales ; qu'il y a lieu par suite de rejeter les conclusions dirigées contre le décret n° 2000-666 du 18 juillet 2000, ainsi que les conclusions en annulation présentées par voie de conséquence à l'encontre du décret n° 2000-667 du même jour ;- SUR LA LEGALITE DU DECRET N° 2000-835 DU 31 AOÛT 2000 :8. Considérant que le requérant soulève deux griefs à l'encontre de ce décret ; qu'il soutient en premier lieu que l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé, en application duquel est intervenu le décret attaqué, porte atteinte au pouvoir réglementaire confié au Premier ministre par l'article 21 de la Constitution ; qu'en second lieu, selon le requérant, la nomination de M. Daniel Vaillant en qualité de ministre de l'intérieur et celle de M. Christian Paul en qualité de secrétaire d'Etat à l'outre-mer n'avaient pas encore produit leurs effets à la date à laquelle ils ont contresigné le décret critiqué ;9. Considérant, en premier lieu, qu'en vertu de l'article 21 de la Constitution, le Premier ministre exerce le pouvoir réglementaire "sous réserve de l'article 13" ; que le premier alinéa de l'article 13 de la Constitution dispose que : "Le Président de la République signe les ordonnances et les décrets délibérés en Conseil des ministres" ; que ces règles ne sont nullement méconnues par les dispositions de l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé aux termes desquelles : "un décret en Conseil des
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CONSTEXT000017664371_8
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CONSTEXT000017664371
| 8
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0cd9cf53ef6ae459
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REF
|
Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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des ministres" ; que ces règles ne sont nullement méconnues par les dispositions de l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé aux termes desquelles : "un décret en Conseil des ministres, pris après avis du Conseil Constitutionnel, déterminera en tant que de besoin les aménagements nécessaires à l'application des dispositions du présent décret dans les territoires d'outre-mer, en Nouvelle-Calédonie, à Mayotte et à Saint-Pierre-et-Miquelon" ;10. Considérant, en second lieu, que MM. Vaillant et Paul ont été nommés respectivement ministre de l'intérieur et secrétaire d'Etat à l'outre-mer par un décret signé par le Président de la République et contresigné par le Premier Ministre le 29 août 2000 ; que cette décision a pris effet immédiatement ; qu'ainsi, tant le 30 août 2000, date à laquelle a été délibéré en Conseil des ministres le décret attaqué, que le 31 août 2000, date à laquelle il a été contresigné par MM. Vaillant et Paul, ces derniers exerçaient les fonctions de ministre de l'intérieur et de secrétaire d'Etat à l'outre-mer ; que, par suite, ce second grief doit être rejeté ;11. Considérant qu'il résulte de ce qui précède que la requête de M. HAUCHEMAILLE doit être rejetée,
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
des ministres" ; que ces règles ne sont nullement méconnues par les dispositions de l'article 22 du décret n° 2000-666 du 18 juillet 2000 susvisé aux termes desquelles : "un décret en Conseil des ministres, pris après avis du Conseil Constitutionnel, déterminera en tant que de besoin les aménagements nécessaires à l'application des dispositions du présent décret dans les territoires d'outre-mer, en Nouvelle-Calédonie, à Mayotte et à Saint-Pierre-et-Miquelon" ;10. Considérant, en second lieu, que MM. Vaillant et Paul ont été nommés respectivement ministre de l'intérieur et secrétaire d'Etat à l'outre-mer par un décret signé par le Président de la République et contresigné par le Premier Ministre le 29 août 2000 ; que cette décision a pris effet immédiatement ; qu'ainsi, tant le 30 août 2000, date à laquelle a été délibéré en Conseil des ministres le décret attaqué, que le 31 août 2000, date à laquelle il a été contresigné par MM. Vaillant et Paul, ces derniers exerçaient les fonctions de ministre de l'intérieur et de secrétaire d'Etat à l'outre-mer ; que, par suite, ce second grief doit être rejeté ;11. Considérant qu'il résulte de ce qui précède que la requête de M. HAUCHEMAILLE doit être rejetée,
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CONSTEXT000017664371_9
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CONSTEXT000017664371
| 9
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2959fe3acbef5e51
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
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2000-26
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2000-09-06
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Décide :Article premier :La requête de Monsieur Stéphane HAUCHEMAILLE est rejetée.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Stéphane HAUCHEMAILLE
Décide :Article premier :La requête de Monsieur Stéphane HAUCHEMAILLE est rejetée.Article 2 :La présente décision sera publiée au Journal officiel de la République française.
Délibéré par le Conseil constitutionnel dans sa séance du 6 septembre 2000, où siégeaient : MM. Yves GUÉNA, Président, Georges ABADIE, Michel AMELLER, Jean-Claude COLLIARD, Alain LANCELOT, Mme Noëlle LENOIR, M. Pierre MAZEAUD et Mmes Monique PELLETIER et Simone VEIL.
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CONSTEXT000017664372_1
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CONSTEXT000017664372
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64075268bfcfd6ef
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REF
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Rejet
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Charles PASQUA
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2000-25
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2000-09-06
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Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 25 août 2000, présentée par Monsieur Charles PASQUA et dirigée contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu les observations présentées par le Gouvernement enregistrées comme ci-dessus le 30 août 2000 ;Vu les observations en réplique, enregistrées comme ci-dessus le 5 septembre 2000, présentées par Monsieur Charles PASQUA ;Vu la Constitution, notamment ses articles 4, 5, 13, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu la Convention de sauvegarde des droits de l'homme et des libertés fondamentales ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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Décision du 6 septembre 2000 sur une requête présentée par Monsieur Charles PASQUA
Le Conseil constitutionnel,
Vu la requête, enregistrée au Secrétariat général du Conseil constitutionnel le 25 août 2000, présentée par Monsieur Charles PASQUA et dirigée contre le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Vu les observations présentées par le Gouvernement enregistrées comme ci-dessus le 30 août 2000 ;Vu les observations en réplique, enregistrées comme ci-dessus le 5 septembre 2000, présentées par Monsieur Charles PASQUA ;Vu la Constitution, notamment ses articles 4, 5, 13, 60 et 89 ;Vu l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel, notamment le chapitre VII du titre II ;Vu le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour les réclamations relatives aux opérations de référendum ;Vu la Convention de sauvegarde des droits de l'homme et des libertés fondamentales ;Vu le décret n° 2000-655 du 12 juillet 2000 décidant de soumettre un projet de révision de la Constitution au référendum ;Vu le décret n° 2000-667 du 18 juillet 2000 relatif à la campagne en vue du référendum ;Le rapporteur ayant été entendu ;
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