Seized of two Priority Questions of Constitutionality (QPC) concerning the legal framework of isolation and restraint measures in psychiatry, the Constitutional Council dismissed the grievances made: “The first two sentences of paragraph I of article L. 3222-5-1 of the public health code, in its wording resulting from law n° 2022-46 of January 22, 2022 reinforcing the crisis management tools health and amending the public health code, are in conformity with the Constitution”, can we read in the decision.
In two judgments delivered on January 26, 2023, the first civil chamber of the Court of Cassation had transmitted two QPC relating to paragraph II of thearticle L3222-5-1 of the Public Health Code. In the first, the current provisions are criticized for not providing, from the start of a measure of isolation or restraint, notification to the patient of his right to seize the judge of freedoms and detention of a request of release and his right to the assistance of a lawyer. This results in ” a lack of knowledge of the right to an effective judicial remedy and of the rights of defense “. The second QPC concerned the absence of compulsory representation by a lawyer during a judicial review on file (without a hearing) of these measures.
The CC found that the contested provisions “are not tainted with negative incompetence and (…) do not disregard either the principle of safeguarding human dignity, the freedom to come and go, the right to a fair trial or the requirements of Article 66 of the Constitution, nor any other right or freedom which the Constitution guarantees. and must therefore be declared constitutional.
At this stage, the Government will therefore not be forced (subject to new QPCs to come) to legislate again…
• Decision n° 2023-1040/1041 QPC of March 31, 2023, Constitutional Council website.