Jeremy Martinez

University Paris II Panthéon‑Assas
PhD Student

Jérémy Martinez is a PhD student in the University of law Paris II Panthéon-Assas. His research deals with constitutional law and Economy. Beyond law & economics, he is a PhD student specialized in the conflictual relationship between law and economy. He is also currently working on his thesis, which is called “Conseil constitutionnel and Economy”. Among the general relationship between law and economy, his PHD deals with the role of the constitutional judge who has to handle economic matters.

Articles

3537 Review

Jeremy Martinez Entrepreneurial freedom: The French Constitutional Council holds that the issuing of commercial exploitation licenses by departmental commercial planning commissions, laid in Article L. 752-6 of the French Commercial Code, does not violate the French Constitution (Conseil national des centres commerciaux)

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The Constitutional Council was seized of the constitutionality of certain provisions of article L. 752-6 C. com . This article lays down the conditions under which the departmental commission for commercial development decides to issue a commercial development permit for projects contributing (...)

Jeremy Martinez Entrepreneurial freedom: The French Constitutional Council holds that the ban of production and circulation of non-EU approved phytopharmaceutical products does not breach the constitutional entrepreneurial freedom (Union des industries de la protection des plantes)

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The priority question of constitutionality ("QPC") put to the Constitutional Court concerned paragraph IV of Article L. 253-8 of the Rural and Maritime Fishing Code. The latter prohibits, as of 1 January 2022, the production, storage and circulation of certain plant protection products (...)

Jeremy Martinez Electricity regulation: The French Constitutional Council holds that paragraphs III and IV of Article 62 of the Energy and Climate Act does not breach the constitutional entrepreneurial freedom (Law on Energy and Climate)

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The Constitutional Court was seized of the constitutionality of two paragraphs of Article 62 of the Energy and Climate Act adopted by Parliament on 26 September 2019 (Act No. 2019-1147 of 8 November 2019 on Energy and Climate). This law is in line with the will already affirmed by the (...)

Jeremy Martinez Privatization: The French Constitutional Council rules that Paris Airport privatisation does not violate the 1946 Preamble’s ninth paragraph of the French Constitution (PACTE Law)

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Following the adoption of the law on the growth and transformation of enterprises (Law No. 2019-486 of 22 May 2019 on the growth and transformation of enterprises), opposition deputies and senators referred the matter to the Council to challenge the constitutionality of the privatisation of (...)

Jeremy Martinez Public economic order: The French Constitutional Council rules that §2 of Art. L411-2 of the New-Caledonian Commercial Code breaches the French Constitution in that it provides for insufficient control by the administrative authority competent to control the price level of products and services (Magenta Discount)

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By decision 2019-774 QPC of 12 April 2019, the Council had before it the constitutionality of a provision adopted for the very specific context of overseas France. The applicants contested the constitutionality of several provisions passed by the New Caledonian legislature ("Loi du pays") (...)

Jeremy Martinez Progressive royalty: The French Constitutional Court rules that the progressive royalty introduced by article L 132-16 of the Mining Code complies with the French Constitution (Vermilion REP)

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The issue raised before the Council was Article L. 132-16 of the Mining Code. This provision establishes a heavy royalty for holders of hydrocarbon mining concessions, the rate of which varies according to the volume of production. In a dispute before the court concerning the payment of these (...)

Jeremy Martinez Principle of equality: The French Constitutional Court censors Article L. 322-5 of the French Social Security Code considering that it creates an unjustified difference of treatment on the terms of reimbursement by the health insurance of medical transport costs (Ambulances-taxis du Thoré)

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The Ambulances-taxis du Thoré company, the applicant in the present case, is engaged in the business of health transport. The priority question of constitutionality (hereinafter "QPC"), raised on appeal to the Court of Cassation, concerns the terms and conditions of coverage by health insurance (...)

Jeremy Martinez Resale of tickets: The French Constitutional Court rules that Article 313-6-2 of the French Criminal Code limiting the activity of reselling access tickets to a sporting event is conform to the Constitution (Viagogo Entertainment)

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The applicant company is active in the resale of tickets for cultural, sporting and commercial events. In the general context of the organisation of the European Football Championship in 2016 (Euro 2016), Viagogo resold tickets without the authorisation of UEFA (Union of European Football (...)

Jeremy Martinez Distribution contract: The French Constitutional Court rules that the interpretation by the French Supreme Court of point 2 § 1 of Article L. 442-6 of the French Commercial Code which prohibits significant imbalance between distributors and suppliers complies with the Constitution (Interdis)

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This decision must be given due attention. It was commented on twice in the previous issue of this review (C. Grimaldi, "Le contrôle du prix dans les contrats de distribution : Contrôle de l’évolution ou du niveau des prix ?", February 2019, Revue concurrences, n°1-2019, pp. 238-242 ; J-L. Fourgoux, (...)

Jeremy Martinez Public property: The French Constitutional Court rules that Article L. 3111-1 of the General Code on the Property of Public Persons is conform to the Constitution, even though it does not provide for any exception aimed at preserving the security of transactions (Brimo de Laroussilhe)

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In this decision, the Constitutional Council was referred to the Constitutional Council by an applicant company, carrying on the activity of an antique dealer, which wished to export a property which was qualified by the Ministry of Culture as a "national treasure" within the meaning of Article (...)

Jeremy Martinez Redundancy: The French Constitutional Council rules that Article L. 1235-11 of the French Labour Code laying down a frame to the redundancy procedure does not violate the Constitution (Tél And Com)

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The Constitutional Council has been seized with a priority constitutionality question (QPC), referred by the Court of Cassation, which concerns the C. trav. provisions governing the procedure for dismissal on economic grounds of at least ten employees in companies with at least fifty employees. (...)

Jeremy Martinez Business protection: The French Constitutional Council rules that the business secret protection Act implementing directive 2016/943 of June 8th, 2018 on the protection of undisclosed know-how and business information against their unlawful acquisition does not breach the Constitution (Law on trade secrets)

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The Law on the Protection of Business Secrecy, adopted by the Senate on 21 June 2018, was referred to the Constitutional Council by more than sixty deputies and sixty senators. These actions, brought in the context of the a priori litigation (DC), concerned Article 1 of this law, which (...)

Jeremy Martinez Measure as a punishment: The French Constitutional Council rejects the legal provision creating a penalty based on 1% of the wage share when the company fails to reach a company-level agreement dealing with the employment of older workers (People and Baby)

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The Constitutional Court has been seized of a priority constitutionality question (hereinafter "QPC"), referred by the Court of Cassation, concerning the constitutionality of the second paragraph of article L. 138-24 of the Social Security Code. This article was created by paragraph II of (...)

Jeremy Martinez Foreign opened bank accounts: The French Constitutional Council partially annuls a legal provision aiming to fine natural person and companies registered in France which would have not complied with a requirement to report opened, used or closed foreign bank accounts (Époux F.)

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The Constitutional Council had before it a priority constitutionality issue (QPC) relating to paragraph IV of Article 1736 of the General Tax Code (CGI), as amended by the 2008 Supplementary Budget Act (Act 2008-1443 of 30 December 2008, the Supplementary Budget Act), and Article L. 152-5 of (...)

Jeremy Martinez Right of property: The French Constitutional Council approves the legal provision creating an exploitation fee for commercial exploitation of pictures of public land’s buildings (Wikimédia France)

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The movement towards the economic valorisation of public goods is a phenomenon whose importance seems to be growing steadily. Decision No. 2017-687 QPC of 2 February 2018 of the Constitutional Council is a new illustration of this. At the origin of the question of constitutionality, an action (...)

Jeremy Martinez Right to employment: The French Constitutional Council considers that the provision authorizing an employer to lay off employees due to ’real and serious grounds’ because he did not accept a company-level agreement which either protects or develops labour law does not breach the Constitution (Confédération générale du travail – Force ouvrière)

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The Constitutional Council has been seized of a priority constitutionality question (QPC) concerning the Act of 8 August 2016 on work, the modernization of social dialogue and the securing of career paths (Act No. 2016-1088 of 8 August 2016 on work, the modernization of social dialogue and the (...)

Jeremy Martinez Legal licence: The French Constitutional Council approves a legal provision authorizing internet radio services to use phonograms for commercial purpose without its interprets’ and producers’ consent (Société civile des producteurs phonographiques)

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The decision to be commented on is part of the delicate issue of copyright protection in the light of new digital broadcasting modalities. Following the adoption of an order issued by the Minister of Culture setting the composition of a commission responsible for determining the terms and (...)

Jeremy Martinez Principle of equality: The French Constitutional Council does not rule on differential treatment existing between a farmer and other debtors subject to rescue proceedings (Société La Noé père et fils)

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The question of constitutionality concerned Article L. 626-12 C. com. which provides for an exception to the principle that the duration of the safeguard plan may not exceed ten years. This duration is extended to 15 years where "the debtor is a farmer". However, the applicants challenged the (...)

Jeremy Martinez Due diligence: The French Constitutional Council partially invalidates a law implementing a due diligence obligation to parent firms and main contractor companies (Law on due diligence obligation of parent firms and main contractor companies)

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The Constitutional Council has been seized of a bill adopted on 21 February 2017 on the duty of vigilance of parent companies and ordering companies. The idea behind the law is to impose a "due diligence plan" on companies that employ, at the close of two consecutive financial years, at least (...)

Jeremy Martinez Proportionality: The French Constitutional Council holds that the proportional fine introduced in Article 1736 IV bis of the Tax Code is unconstitutional because the fine is disproportionate as regards to the seriousness of the aimed offense (breach of the self-assessment obligation) (Mme Michelle Theresa B.)

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In its pursuit of tax evasion, the legislator pays particular attention to sanctioning breaches of the reporting obligations to which taxpayers are subject. In this case, the legislator, by the law of 29 July 2011, introduced a declaratory obligation applied to any administrator of a trust if (...)

Jeremy Martinez Pre-emption right: The French Constitutional Council partially invalidates a law implementing a pre-emptive right vested in the “SAFER” (Law on fight against pre-emption of agricultural land and biocontrol development)

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The decision concerns the scope of the missions belonging to land development and rural settlement companies (SAFER). The objective of these companies is to regulate the rural land market. This historic mission has gradually been supplemented by a mission to preserve the environment. These (...)

Jeremy Martinez Sphere of the economic activity: The French Constitutional Court holds that the Constitution does allow a legislative disposition imposing an obligation an obligation to take back waste on building materials distributors (French Confederation of international and wholesale trade)

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In order to promote the collection of waste from the building sector, the legislator has imposed a take-back obligation on distributors of building materials. The applicant alleged a disproportionate infringement of the freedom to undertake by the vagueness of that provision in Article L. (...)

Jeremy Martinez Filing requirements: The French Constitutional Court holds that the Constitution does not allow a legislative disposition based on tax fraud and tax evasion control and requiring some companies to publish their economic indicators (Sapin II Law)

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The constitutional court was seized of the constitutionality of the Sapin II law, which was designed to combat tax evasion and corruption. This law was subject to multiple censures during the a priori litigation before the Constitutional Council. We are particularly interested in the control of (...)

Jeremy Martinez Balancing the right of employment stability and the entrepreneurial freedom: The French Constitutional Court holds that an act creating a floor-severance equivalent to a six-month salary as damages for baseless firing in companies employing less than 11 people does not violate the Constitution (Goodyear Dunlop Tires)

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Under the economic redundancy plan adopted by Goodyear Dunlop Tires France SA (hereinafter ’Goodyear’), 772 employees have lodged claims with the Amiens industrial tribunal (Conseil de prud’hommes) for compensation for dismissal without real and serious cause. In the course of that dispute, (...)

Jeremy Martinez Association status of 1901: The French Constitutional Court declares invalid a provision allowing 1901-type associations to sell or exchange semen without applying the ban sets out by the French Rural Code by the Article L. 661-8

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French legislation strictly regulates the marketing and production of seeds or plant propagating material. Indeed, Article L. 661-8 of the Rural and Maritime Fishing Code (CPRM) aims to regulate the marketing operations of these seeds. During the parliamentary debate, the vagueness of this (...)

Jeremy Martinez Equality principle: The French Constitutional Court declares incompatible with the Constitution a disposition implementing a difference between the competent authorities to set up a list where non-workable Sundays are deleted (City of Paris)

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In the decision of 24 June 2016, the Constitutional Council, in accordance with previous case law (Decision No. 2009-578 DC of 18 March 2009, Mobilization Act for Housing and the Fight against Exclusion, cons. 19), applies the principle of equality in cases where the provision relates to (...)

Jeremy Martinez Principle of individual nature of penalties: The French Constitutional Court declares invalid the interpretation of a ruling of the French Supreme Court holding that sanctions against anti-competitive practices can be imposed on the receiving company after an absorption merger (ITM Alimentaire International)

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The Constitutional Council was seized of the conformity with the Constitution of a constant jurisprudence of the Court of Cassation according to which a sanction for anti-competitive practices committed prior to a merger-absorption by the absorbed company would be enforceable against the (...)

Jeremy Martinez Audiovisual media service distributors: The French Constitutional Court declares valid a provision charging audiovisual media services distributors with diffusion costs and transportation of local public initiative services costs (Iliad)

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In a QPC decision of 23 March 2016, the Constitutional Council ruled on the financing of the distribution of local public-initiative audiovisual services. Under French law, the costs of broadcasting and transporting audiovisual services intended for local life must be borne by the distributor. (...)

Jeremy Martinez Entrepreneurial freedom: The French Constitutionnal Court holds that a provision stating the incompatibility between the activity of taxi drivers and the activity of VTC drivers on the basis of free enterprise is unconstitutional (M. Robert)

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In this case, the Constitutional Council is seized of the constitutionality of article L. 3121-10 of the Transport Code, which provides for the incompatibility of the exercise of the activity of taxi driver with the exercise of the activity of driver of a transport car with driver (VTC). The (...)

Jeremy Martinez Equality treatment principle: The French Constitutionnal Court rules that a provision laying out different penalties against uncompetitive practices depending on whether a company or another type of organization is concerned is consistent with the Constitution (Association Expert-comptable média association)

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The Constitutional Court shall review the conformity with the Constitution of a legislative provision that provides for a pecuniary penalty in absolute terms for persons, other than companies, responsible for anti-competitive practices. The applicants invoked against it the principle of (...)

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