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Conseil des Prud'hommes , Decision no. 78-101 DC Conseil Constitutionnel, January 17, 1979 (publication : Recueil n 23)

Facts: A new proposed law provided that employers would be given votes to nominate the employer members of the Conseil des Prud'hommes (industrial tribunals) according to the number of their employees.

Issue: the proposed law was challenged on the ground that basing the voting rights on the number of employees placed employers in a different situation and discriminated against some of them

Holding: The Constitutional Council found that the proposed law was unconstitutional

Reasoning: The challenged law dealt with the election of members to a court and not to a representative body, so the number of employees was irrelevant. However, inequality in voting rights could be justified only by a relevant difference in situation related to the objectives of the law. Therefore the law created an unjustified inequality.


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