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Decision no. 98-407 DC of January 14, 1999 | Conseil constitutionnel
Decision no. 98-407 DC
of 14 January 1999
Act determining the mode of election of regional councillors and of councillors in the
Corsican Assembly, and the operation of regional councils (extracts)
(Extracts)
(...)
THE CONSTITUTIONAL COUNCIL,
Having regard to the Constitution;
Having regard to Ordinance 58-1067 of 7 November 1958 laying down the Institutional Act on the Constitutional
Council, as amended, and in particular Chapter II of Title II thereof; Having regard to the Electoral Code;
Having regard to the General Code of Local Authorities;
Having regard to Decision 82-146 DC of the Constitutional Council of 18 November 1982;
Having regard to the observations of the Government, registered on 8 January 1999;
Having heard the rapporteur;
On the following grounds:
1. The Deputies refer to the Constitutional Council the Act determining the mode of election of regional councillors
and of councillors in the Corsican Assembly, and the operation of regional councils, and in particular sections 3, 4, 13,
20, 22, 23 and 27; the Senators contest sections 3, 4, 13, 16, 17, 20, 21, 22, 23, 24 and 27;
(...)
ON THE OBLIGATION TO SECURE PARITY BETWEEN MALE AND FEMALE CANDIDATES, IMPOSED BY
SECTIONS 4 AND 17:
10. The second paragraph of section L 346 of the Electoral Code, as amended by section 4 of the Act referred,
provides that “Each list shall secure parity between male and female candidates”; section 17 amplifies section L 370
of the Code to extend this obligation to elections to the Corsican Assembly;
11. The applicant Senators consider that these provisions are contrary to Article 3 of the Constitution, to Article 6 of
the Declaration of Human and Civic Rights of 1789 and to the principles of the Constitutional Council's earlier
decision of 18 November 1982;
12. In the current state of the law, and for the reasons set out in the decision of 18 November 1982, citizenship confers
the right to vote and stand for election on identical terms for all who have not been excluded on grounds of age,
https://www.conseil-constitutionnel.fr/en/decision/1999/98407DC.htm
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