Growing Influence of constitutional law in civil proceedings.

Articles 34 and 37 of the Constitution: the division of powers.

- Before 5th Republic, the rules of civil proceedings belonged to Parliament. The regulations only intervened to clarify the law.

- In 58, sections 34 and 37 state that a number of matters reserved to the legislative field, but everything else is full field.
→ Much of Civil Procedure is not in the list reserved in parliament. The government thus controls mainly the private judicial law.

- Reporting to the legislative area the judiciary namely the creation of new jurisdictions, the status of judges and executions channels.

- All matters of procedures, the government in power, via the decrees, change old rules and develop the new rules, even though the old rules were laws.

→ For example, the code 1806 which was a law was changed by decree from 1958, 60 and 65 to the new civil procedure code.
→ Advantage is that the civil proceedings is kept up to date.

→ Disadvantage is that the texts production system is opaque, no public debate. They are the result of work by departments. This right ahead without any parliamentary control. There may be pressure groups.

→ This regulatory source established great instability in the material, but the material is very reactive blow.

B - result of this division of powers.

- The EC considers civil procedure law. The procedural decrees are subject to the dual control (upstream and downstream). Ex. Cancellation by the EC of certain articles of CODE OF CIVIL PROCEDURE soon after their adoption.

- Growing Influence of constitutional law in civil proceedings. This movement is shown by a reinstatement of part of civil proceedings in the scope of Article 34 (fundamental guarantees granted to citizens for the exercise of civil liberties), and by a decision of the Constitutional Council 30 July 82, it was decided that parliament could legislate on the procedure without incurring censure as unconstitutional. Moreover, the Constitutional Council has developed a jurisprudence on the constitutional principles of organization and procedure should respect the parliament and others.