Décision 2020-5690 SEN - SEN, Deux-Sèvres, M. Jean-Claude MAZIN, 05-03-2021
Court | Conseil Constitutionnel (France) |
ECLI | ECLI:FR:CC:2021:2020.5690.SEN |
Case Outcome | Rejet |
Appeal Number | 2020-5690 |
Docket Number | CSCX2107398S |
Official gazette publication | JORF n°0058 du 9 mars 2021, texte n° 76 |
Procedure Type | SEN |
Record Number | CONSTEXT000043231510 |
Au vu des textes suivants :
- la Constitution, notamment son article 59 ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code électoral ;
- la loi n° 2019-1269 du 2 décembre 2019 visant à clarifier certaines dispositions du droit électoral ;
- le règlement applicable à la procédure suivie devant le Conseil constitutionnel pour le contentieux de l'élection des députés et des sénateurs ;
Au vu des pièces suivantes :
- le mémoire en défense présenté pour M. Gilbert FAVREAU par Me Philippe Bluteau, avocat au barreau de Paris, enregistré le 27 novembre 2020 ;
- le mémoire en réplique présenté pour M. MAZIN par Me Scanvic, enregistré le 14 décembre 2020 ;
- les autres pièces produites et jointes au dossier ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. Aux termes du second alinéa de l'article L. 52-1 du code électoral : « À compter du premier jour du sixième mois précédant le mois au cours duquel il doit être procédé à des élections générales, aucune campagne de promotion publicitaire des réalisations ou de la gestion d'une collectivité ne peut être organisée sur le territoire des collectivités intéressées par le scrutin ». Ces dispositions sont applicables à l'élection des sénateurs depuis le 30 juin 2020, en application des dispositions de l'article L. 306 du même code, dans sa rédaction résultant de la loi du 2 décembre 2019 visée ci-dessus.
2. Le requérant soutient que plusieurs actions de communication menées par le département des Deux-Sèvres entre cette date et celle du scrutin ont méconnu ces dispositions et altéré la sincérité de l'élection, à laquelle était candidat M. FAVREAU, président du conseil départemental.
3. Toutefois, tout d'abord, la diffusion, à l'intention de la presse, qui est libre d'en reprendre ou non tout ou partie du contenu, de communiqués ou de dossiers relatifs aux réalisations du département ne saurait constituer par...
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