Why the decision of the French Constitutional Council of 7.08.2020 about authors of terrorist offences is so informative for Compliance & Criminal Law

Full reference: Frison-Roche, M.-A., Why the decision of the French Constitutional Council of 7.08.2020 about authors of terrorist offences is so informative for Compliance & Criminal Law, Newsletter MAFR - Law, Compliance, Regulation, 13th of August 2020

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Summary of the news

On 7th of August 2020, the Conseil Constitutionnel (French Constitutional Court) made a decision concerning the constitutionality of a French law implementing safety measures against authors of terrorist offenses after their sentence. The law permitting to impose, through an act from the administration, various controls or interdiction to communicate with some people for authors of terrorist offenses after the end of their sanction.  

Although the Conseil Constitutionnel estimated that such dispositions was disproportionate with regards to the objective, which prompted it to censor the text, it recognized that, since terrorism seriously disturbs public order through intimidation and terror, the fight against terrorism contributes to the objective of constitutional value consisting of preventing attacks on the public order. Thus it is not the nature but the intensity of the proposed measures which pushed the Conseil Constitutionnel to state this text not constitutional. By the way, the Conseil affirms that if the legislator submits it a law whose the measures are more proportionate to the goal, these, although Ex Ante and justified only by the existence of a risk, will be declared in conformity with the Constitution.

The Conseil Constitutionnel confirms here that the fight against terrorism financing is a "monumental goal" of Compliance Law.