ARCEP has taken note of the Constitutional Council's decision n°2013-331 QPC issued on July 5, 2013, stating that the legal provisions governing ARCEP's power to impose sanctions (Article L.36-11 of the French Postal and electronic communication code) are unconstitutional. Within the framework of a priority preliminary ruling on constitutionality ("question prioritaire de constitutionnalité") raised by the companies Numéricable SAS et NC Numéricable on the conformity of Article L. 36-11 of the abovementioned Code to the fundamental rights and freedoms guaranteed by the Constitution, the Constitutional Council considered that there was no guarantee of the separation, within the Authority, between the functions of prosecution and investigation of possible breaches and the functions of judging these breaches. The Constitutional Council considered that it was a clear breach of the principle of impartiality. The French ARCEP welcomed the Government's announced plan to submit a new procedure to Parliament in the very near future which is consistent with the Constitution.
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France - The French Constitutional Council censured the ARCEP's power to impose sanctions in its decision n°2013-331 QPC issued on July 5, 2013 dealing with the power to impose sanctions of the Authority
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