Translations:Recours au Conseil d État et au Conseil constitutionnel/73/en

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  • External legality
    • The final published version of the text doesn't correspond to the version submitted to the Council of State.
  • Internal legality
    • The decree doesn't have legal basis: it doesn't respond to the exigences of justification and proportionality regarding the Charter of Fundamental Right of the European Union and the European Convention on Human Rights and the 2002/58/CE Directive of 12 July 2008 on the processing of personal data. Indeed:
      • The control administration has fully control of the applicant to classified informations, which infringes to the right to a fair trial;
      • No arrangement has been foreseen to grand the applicant access to classified informations;
      • The measures on intelligence gathering on hertzian waves have no legal framework;
      • The collection and exploitation by French services of informations transmitted by foreign services can't be subject to judicial redress.