COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTION OF THE PRIORITY QUESTION OF CONSTITUTIONALITY IN FRENCH PRACTICE

Abstract

This article analyzes the content and significance of the legal nature of the Question prioritaire de constitutionnalité (QPC) institution operating within the French Constitutional Council. The QPC institution represents an important form of constitutional review in the French legal system, allowing parties involved in judicial proceedings to challenge the constitutionality of an applicable normative legal act. The article examines the constitutional and legal foundations of the QPC, its mechanism of application, and the procedure through which cases are referred to the Constitutional Council via a special system. It also identifies the distinctive features and advantages of this institution. The research findings demonstrate that the QPC institution serves as an effective mechanism for protecting the constitutional rights and freedoms of citizens. The author attempts to discuss the necessity of this institution based on scientific and theoretical foundations and to conduct an in-depth study of the issue.