French constitutional Council
2011, 28 July, Loi de finances rectificative pour 2011
To read the decision, click here.
In a priori decision, the Conseil Constitutionnel (French constitutional Council) declared inconstitutional the provision of a simple law wich limited the regulator’s power to decide to increase the number of employees. This provision is contrary to the constitutional principle of regulator independance. Only an organic law may limit such regulator power.
For a more detailed analysis, see the thematic report :
- FRISON-ROCHE, Marie-Anne, The provisions of French legislation limiting regulatory agencies’ power to increase their staff and obliging them to submit an annual financial report to the Government were canceled since such measures can only be established by a loi organique (institutional act), The Journal of Regulation, 2011, II-6.27
Click here to read this thematic report.