CONSTITUTION · BUDGET · ACCOUNTABILITY

Why make constitutional review of Finance Acts automatic?

The rule should not depend on whether political actors choose to refer a budget law to the constitutional court.

Why make constitutional review of Finance Acts automatic?
Why make constitutional review of Finance Acts automatic?
Document status : Citizen working prototype requiring expert review: these drafts are not opinions of the Conseil d’État, the Constitutional Council or any public institution.

Current law

Article 61 already requires automatic review of Organic Acts, while ordinary statutes are reviewed only when an authorized actor refers them.

Proposal

Add Finance Acts and Social Security Financing Acts to the category of legislation automatically reviewed before promulgation.

Why it matters

A governing majority could not neutralize the budget rule simply by declining to trigger constitutional review.

Scope of review

Review would cover compliance with the balance rule, proper activation of escape clauses, mandatory certification and correction mechanisms.

Working documents and data

Legal and institutional sources

French Constitution, Article 34

Article 26

Article 47

Article 47-2

Article 61

Articles 67 and 68

Article 68-1

Article 89

French fiscal council — official missions

Organic Budget Act, Article 61

Financial Courts Code, L.131-2

Criminal Code, Article 131-21

Swiss debt brake

German Basic Law, Articles 109 and 115