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L'office de l'avocat général de la Cour de cassation dans la procédure de la QPC

Abstract : Since their exclusion from the Court of cassation’s decision-making reunions, the Court of cassation’s advocates generals seek to reinvent their identity. After noticing that their role on the QPC hadn’t been discussed during the debates preceding its instauration, this work tends to question the suppositions that underlie that evidence. Indeed, the advocates generals of the Court of cassation are nothing like the prosecutors of the other jurisdictions, and their intervention in QPC can’t be assimilated to their role in other disputes. Like the judges of the Court of cassation, de role of the advocates generals has been deeply renewed by the QPC. Their traditional role, defined by a jurisdictional and doctrinal contribution, has been modified by the specificity of the constitutional litigation, which also creates a new function of constitutional adviser. In addition, the QPC changed the place of the advocate genal in the institutional landscape. The delays of the QPC modify the organization of the Court of cassation’s decision-making process, which offers to the advocates generals the opportunity to renew their usefulness with the judges. With the QPC, the opinions of the advocates generals now reach a new audience, which broadens the horizon of their usefulness. Therefore, it appears that the procedure of the QPC is an opportunity for the advocates generals to gain visibility and legitimacy from other jurisdictions.
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Chloé Cyteval. L'office de l'avocat général de la Cour de cassation dans la procédure de la QPC. Droit. Université Panthéon-Sorbonne - Paris I, 2019. Français. ⟨NNT : 2019PA01D053⟩. ⟨tel-02526304⟩

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