MARIA GRAZIA RODOMONTE

Il  problema dell'introduzione di un ricorso incidentale di costituzionalità in Francia: 

Conseil constitutionnel e forma di governo

N. 175

Summary — Twice, in 1990 and in 1993, a tentative to impose a concrete and a posteriori control of the unconstitutional law was made in France. This reform didn’t manage to overcome the complex iter envisaged in that country for constitutional amendments, but its future approval would certainly constitute, after the great jurisprudential development of the Conseil Constitutionnel of 1971 up today, the next step in the approach to the experiences of constitutional justice present in most European countries. After analysing the most original and difficult aspects of the project, in particular the envisaged double filter to the access to the Conseil, the author takes into account the political class attitude before the Reform, emphasizing how it is not ready and mature yet, on the whole, for the acceptance of a constitutional revision with such political and juridical effects.

The author wishes, in the end, the future acceptance of the reform. It is obvious that the problem of the access to the constitutional judge represents the central question of an accomplished control of constitutionality in France; only a revision which takes away the control of laws from political fluctuations which the system is exposed to, will ensure the definite and full establishment of the constitutional guarantee of individual rights.