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Except the Conseil d'État is not a supreme court, so their opinion on the subject is irrelevant.
by thrance 9mo ago
Except the Conseil d'État is not a supreme court, so their opinion on the subject is irrelevant.
- jbstack 9mo agoI don't know how it works in France, but in common law systems opinions of other courts are always at least capable of being persuasive (not binding) precedent, so they are not irrelevant. Other courts can be, and often are, influenced by persuasive precedent when appropriate.
- thrance 9mo agoThe Conseil d'État isn't even a court per se, it doesn't make rulings, it doesn't set precedents. Its only job is to make sure that new laws voted by Parliament aren't unconstitutional. And when they are, they simply remove the part deemed so, and have to let the rest pass through.
- timpera 9mo agoYou are confusing the Conseil d'État with the Conseil constitutionnel. The Conseil d'État definitely makes rulings and sets precedents. However, it cannot control the constitutionality of laws.
- timpera 9mo agoThe décret establishing the list of social networks forbidden to the <15 yo will be appealed before the Conseil d'État, which will most likely send a question to the CJEU and have the ability to cancel the décret, so I would argue that their opinion is extremely relevant. Same thing for the eventual sanctions taken by the Arcom. European law takes precedence over national law, so the effectiveness of the bill appears to be limited. The same thing happened with the French age verification bill for adult websites.
- mlrtime 9mo ago>European law takes precedence over national law Which European law supersedes this law? My unfamiliar guess is that if there is no specific contradiction then French law stands, otherwise how can any country pass any laws in the EU?
- timpera 9mo agoThe Conseil d'Etat seems to think that there is a contradiction between the original draft and the DSA: https://www.conseil-etat.fr/avis-consultatifs/derniers-avis-rendus/a-l-assemblee-nationale-et-au-senat/avis-sur-une-proposition-de-loi-visant-a-proteger-les-mineurs-des-risques-auxquels-les-expose-l-utilisation-des-reseaux-sociaux https://www.conseil-etat.fr/avis-consultatifs/derniers-avis-... (starting at number 12) > "By imposing a ban on access to social media on online platforms, the wording of the proposed law could be seen as raising difficulties with regard to the Digital Services Act."
- ruicraveiro 9mo agoSpecifically, which?