HPST : la décision du Conseil constitutionnel

Le Conseil constitutionnel s’est finalement prononcé plus rapidement que je ne l’aurais cru. C’est donc par décision n°2009-584 DC du 16 juillet 2009 que les Sages de la rue Montpensier ont déclaré contraires à la Constitution les dispositions suivantes :

  • l’article 16 ;
  • au deuxième alinéa de l’article 17, les mots « coordonnées par cette dernière et » ;
  • le II de l’article 38 ;
  • l’article 44 ;
  • le III de l’article 50 ;
  • la seconde phrase du second alinéa de l’article 55 ;
  • le III de l’article 86 ;
  • à l’article 118, le neuvième alinéa de l’article L. 1432-3 du code de la santé publique.

Pris de court, je livrerai bientôt mes observations et commentaires. Le dossier complet est disponible ici.

Bonne lecture.

Omar YAHIA

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