Invalidation and convalidation in constitutional law in France and Austria
Montag, 22 November 2010

by Andreas W. Wimmer

The following deliberations were subject-matter of a presentation held at the University of Paris I (Panthéon Sorbonne) on 12th June 2009. On the next pages should be shown (I.) a short overview of the roles of the French Constitutional Council ("Conseil Constitutionnel") and the Austrian Constitutional Court ("Verfassungsgerichtshof") in national constitutional jurisdiction. In the course of this the amendment of the French Constitution in July 2008 is subjected to a description.

Further (II.) follows an abstract description of the phenomena of invalidation and convalidation in constitutional law and their constitutional requirements. Finally (III.) invalidation of norms of simple law is shown by a concrete example, namely the invalidation of § 209 Austrian Criminal Code ("Strafgesetzbuch") and it's rescindment by the Austrian Constitutional Council in 2002. 

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