6 décembre 2023
Noemie Veron, « La justice constitutionnelle à l’épreuve du renseignement : le Conseil constitutionnel est-il le gardien du « trésor des droits de l’Homme » ? », HAL-SHS : sciences politiques, ID : 10670/1.bumvzr
Since the adoption of the law of July 24, 2015, the Constitutional Councilhas become responsible for the constitutional protection of fundamental rights when theyhave to be reconciled with the demands of intelligence, and it has responded by developingits own jurisprudential policy. Up to this point, it has focused on the range ofmeasures granted to the intelligence services and the controls to which they are subject.It has taken a global approach by seeking to ensure the existence of minimal guaranteesand maximum restrictions with regard to rights and freedoms. The stifling effects of thison intelligence are obvious: the Constitutional Council has opted for a proportionalitytest pushed to the very limit. Censures are few and far between, and the only legislativeprovisions that have been censured are those that included no counterbalances for intelligenceactivities, or residual technical provisions regarding the powers granted to the intelligenceservices.