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  • 8 - The Conseil Constitutionnel’s Jurisprudence on ‘Limitations of Sovereignty’

  • from Part II - Sovereignty and Cooperation
  • Edited by Helmut Philipp Aust, Freie Universität Berlin, Thomas Kleinlein, Friedrich-Schiller-Universität, Jena, Germany
  • Book:
    Encounters between Foreign Relations Law and International Law
    Published online:
    20 May 2021
    Print publication:
    03 June 2021, pp 161-179
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  • Summary

    Although France is theoretically a monist State that places its Constitution on the top of the hierarchy of norms and attributes to international law a supra-legislative authority, in French case law, the interaction between international and domestic law is rather complex. This contribution will focus on the Conseil Constitutionnel and its role in controlling the executive as far as adoption of international treaties is concerned. Its jurisprudence on “limitations of sovereignty” clearly reflects, notwithstanding its numerous ambiguities, the strong role that the Council wishes to play in foreign relations law. The “limitations of sovereignty” doctrine has allowed the Council to develop its own foreing relations law approach regarding international undertakings by France and to enjoy an important discretion while doing so. The result is that the Council can prevent the organs in charge of France’s foreing relations from undertaking some international engagements considered by it as incompatible with “national sovereingty”.