#2026-318 LDecision No. 2026-318 L of 2 April 2026 on the Regulatory Nature of Certain Provisions of Article 49 of the Code of Criminal Procedure

The French Constitutional Council ruled on a referral by the Prime Minister that the words "siège du" (seat of) in the last paragraph of Article 49 of the Code of Criminal Procedure have a regulatory character rather than legislative. The provision states that an investigating judge (juge d'instruction) exercises his or her functions at the seat of the judicial court to which he or she belongs. The Council determined that this text concerns only questions of judicial organization and internal administration of courts. It does not affect the creation of new jurisdictional orders, criminal procedure rules, or any other matters reserved to statute by the Constitution under Articles 34 and 37. Consequently, these words may be modified by regulatory act instead of requiring a legislative amendment.

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