# C_2010161EN.01003502.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/35 |
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19.6.2010

EN

Official Journal of the European Union

C 161/35

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Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 16 April 2010 — Criminal proceedings against Aziz Melki

(Case C-188/10)

(2010/C 161/53)

Language of the case: French

Referring court

Cour de Cassation

Party/parties to the main proceedings

Aziz Melki

Questions referred

| 1. | Does Article 267 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 23-2, paragraph 2, and Article 23-5, paragraph 2, of Order No 58-1067 of 7 November 1958, created by Organic Law No 2009-1523 of 10 December 2009, in so far as that article requires courts to rule as a priority on the submission to the Conseil constitutionnel of the question of constitutionality before them, inasmuch as that question concerns the failure of domestic legislation, because of its infringement of provisions of European Union law, to comply with the Constitution ? |
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1.

Does Article 267 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 23-2, paragraph 2, and Article 23-5, paragraph 2, of Order No 58-1067 of 7 November 1958, created by Organic Law No 2009-1523 of 10 December 2009, in so far as that article requires courts to rule as a priority on the submission to the Conseil constitutionnel of the question of constitutionality before them, inasmuch as that question concerns the failure of domestic legislation, because of its infringement of provisions of European Union law, to comply with the Constitution ?

| 2. | Does Article 67 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 78-2, paragraph 4, of the Code of Criminal Procedure, which provides that ‘in a zone between the land border of France with the States party to the Convention signed at Schengen on 19 June 1990 and a line traced 20 kilometres inside that border, and in the zones accessible to the public of ports, airports and railway or bus stations open to international traffic and designated by order, the identity of any person may also be controlled, in accordance with the procedure provided for in paragraph 1, in order to check that the obligations laid down by the law to hold, carry and present papers and documents are observed. Where that control takes place on board an international train, it may be carried out on the part of the journey between the border and the first stop situated beyond the twenty kilometres from the border. However, on international trains on lines with particular service characteristics the control may also be carried out between that stop and a stop situated within the next fifty kilometres. Those lines and those stops are designated by Ministerial order. Where there is a section of motorway starting in the zone referred to in the first sentence of this paragraph and the first motorway toll is beyond the twenty kilometre line, the control may also take place up to that first toll, on parking areas and on the site of that toll and the adjoining parking areas. The tolls concerned by that provision shall be designated by order’? |
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2.

Does Article 67 of the Treaty on the Functioning of the European Union, signed at Lisbon on 13 December 2007, preclude legislation such as that resulting from Article 78-2, paragraph 4, of the Code of Criminal Procedure, which provides that ‘in a zone between the land border of France with the States party to the Convention signed at Schengen on 19 June 1990 and a line traced 20 kilometres inside that border, and in the zones accessible to the public of ports, airports and railway or bus stations open to international traffic and designated by order, the identity of any person may also be controlled, in accordance with the procedure provided for in paragraph 1, in order to check that the obligations laid down by the law to hold, carry and present papers and documents are observed. Where that control takes place on board an international train, it may be carried out on the part of the journey between the border and the first stop situated beyond the twenty kilometres from the border. However, on international trains on lines with particular service characteristics the control may also be carried out between that stop and a stop situated within the next fifty kilometres. Those lines and those stops are designated by Ministerial order. Where there is a section of motorway starting in the zone referred to in the first sentence of this paragraph and the first motorway toll is beyond the twenty kilometre line, the control may also take place up to that first toll, on parking areas and on the site of that toll and the adjoining parking areas. The tolls concerned by that provision shall be designated by order’?

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