- On 12 December, the Constitutional Council was referred by the Conseil d’État with a Priority Question of Constitutionality (QPC) concerning Article 27 (paragraphs 2 to 10) of the Law of 20 November 2023 on the orientation and programming of the Ministry of Justice 2023–2027 — specifically, the statutory basis of the Contribution for Economic Justice (CJE), which our Litigation & Arbitration team analysed in an article published in issue No. 28 of La Semaine Juridique Générale 2025 (https://www.lexiskiosque.com/catalog/jcp-g/jcp-g/n28-2025).
- Brought by the National Bar Council, together with the Presidents of the Bar Associations and the Bar Councils of Paris, Versailles, Hauts-de-Seine, Auxerre, Le Mans, Marseille and Lyon, this QPC concerns exclusively the conditions for the application of the CJE, as the constitutionality of the contribution in principle has already been upheld by the Constitutional Council (Decision No. 2023-855-DC of 16 November 2023).
- The grounds relied upon to challenge the constitutionality of the aforementioned statutory provision include, in particular, the right to an effective judicial remedy before a court, the principle of equality before the law, and the principle of equality in relation to public burdens.This decision is keenly awaited, as the contribution affects access to the courts for claimants through a mandatory levy indexed to their financial capacity. Although it may in principle be recoverable at the end of the proceedings through costs awarded against the unsuccessful party, judicial uncertainty remains, since the law grants the court discretion to apportion costs between the parties. The Constitutional Council’s ruling will therefore have practical implications for a significant number of litigants.
- The decision is scheduled to be published on 6 March 2026.
- The public hearing of 17 February 2026 can be viewed at the following link:https://www.conseil-constitutionnel.fr/decisions/affaires-en-instances
News / Press & Publications
New mandatory contribution before the Economic Courts: Decision on QPC No. 2025-1184 expected on 6 March 2026
18 February 2026