And take your fine, too ... -

P. Magnien / 20 Minutes

A news that should delight more than one motorist.

It will no longer be mandatory to pay a parking fine before being able to challenge it, the Constitutional Council decided on Wednesday.

"The legislator has not provided for guarantees such as to ensure that the requirement of prior payment does not substantially infringe the right to exercise an effective judicial remedy", estimated the Council.

A "way of the cross"

Consequently, the Sages declared "contrary to the Constitution the contested provisions".

"This declaration of unconstitutionality is applicable to all cases not judged definitively as of this day", specified the Court.

Since the entry into force, on January 1, 2018, of the reform of paid parking, it was mandatory to settle the fine before being able to challenge it.

This obligation was regularly contested.

Thus, in January 2020, Jacques Toubon, then defender of rights, recommended removing this obligation to pay his fine in advance.

He underlined in particular "the difficulties of imposing such a payment in certain specific situations" as for the victims of a vehicle theft or a theft of plates.

For the defender of rights, contesting a parking fine was a “way of the cross”.

The workhorse of LREM deputy Daniel Labaronne

"By its decision today, the Constitutional Council recalls that it follows from Article 16 of the Declaration of the Rights of Man and of the Citizen of 1789 that there must be no substantial infringement of the rights of persons interested in exercising an effective remedy before a court ”, underlined the Council.

A deputy from Indre-et-Loire, Daniel Labaronne (LREM) had made this question one of his battle horses.

The parliamentarian had proposed in particular to no longer make the payment of a fine compulsory before contesting it for people whose car was stolen or whose plates were usurped as well as for people with disabilities, often "wrongly verbalized" according to him. , or people whose vehicle transfer has been incorrectly registered by the registration services.

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  • Constitutional Council

  • Parking

  • Automotive

  • Justice

  • Fine