French Constitutional Council Strikes Down Provisions of Commercial Solicitation Law

The French Constitutional Council (Conseil constitutionnel) issued a ruling on December 21, 2023, invalidating several provisions of the law aimed at regulating telephone solicitation and commercial prospecting. The decision primarily centers on the “Loi visant à encadrer le démarchage téléphonique et à lutter contre les appels frauduleux,” finding that specific measures within the text lacked sufficient connection to the original scope of the bill or infringed upon constitutional principles regarding the freedom of enterprise and the right to privacy.

Why did the Constitutional Council reject these measures?

The Council’s decision, specifically Decision No. 2023-860 DC, focused on the parliamentary procedure known as “cavaliers législatifs.” Under French constitutional law, amendments added to a bill during the legislative process must maintain a direct link with the subject matter of the initial text. The Council determined that several amendments introduced by lawmakers regarding commercial solicitation fell outside the scope of the primary legislation, which was intended to combat fraudulent calls. By attaching these unrelated provisions, the legislature bypassed standard, rigorous debate required for such significant regulatory changes.

What happens to existing anti-solicitation rules?

Despite the partial censorship of the new law, the broader legal framework governing telephone solicitation in France remains in force. Consumers continue to be protected by the Bloctel registry, which allows individuals to opt out of receiving unsolicited calls. Furthermore, the government implemented strict time slots for commercial calls in March 2023, restricting such activity to weekdays between 10:00 a.m. and 1:00 p.m., and 2:00 p.m. to 8:00 p.m. These pre-existing regulations were not affected by the Constitutional Council’s ruling on the December legislation.

How does this impact commercial prospecting?

The ruling creates a temporary legislative vacuum for the specific provisions that were struck down, forcing the government to reconsider how it intends to regulate these areas. For businesses, the decision provides a reprieve from the stricter compliance burdens that the invalidated articles would have imposed. Legal experts note that the Council’s insistence on the “cavalier” rule serves as a procedural check on the executive and legislative branches, ensuring that broad regulatory changes undergo transparent public scrutiny rather than being inserted into unrelated bills at the last minute.

Key Takeaways

• Procedural Invalidation: The Constitutional Council rejected parts of the bill because they were considered “cavaliers législatifs,” meaning they lacked a direct link to the bill’s initial purpose.
• Status of Bloctel: The decision does not dismantle existing consumer protections like the Bloctel list or the mandated calling hours.
• Regulatory Outlook: Any future attempt to implement these specific regulations will require a new, dedicated legislative process that adheres to the Council’s procedural requirements.

The French government must now determine whether to reintroduce these rejected provisions through a separate, standalone bill. Until such time, the regulatory landscape for commercial prospecting remains governed by the statutes that were not challenged or invalidated by the Council’s December 2023 ruling.