[Is there still a future for the French "Perruche" jurisprudence?]

Area of Science:

• Law and Society
• Constitutional Law
• Medical Ethics

Background:

• The Perruche antijurisprudence decision (2000) allowed financial compensation for children born with disabilities due to congenital conditions.
• France enacted a law in 2002 prohibiting compensation solely based on birth, limiting claims to parental moral injury.

Observation:

• The introduction of the Priority Preliminary ruling on the issue of constitutionality (QPC) in 2010 provides a new mechanism for legal challenges.
• A significant QPC ruling in 2010 addressed the constitutionality of the 2002 law concerning the Perruche antijurisprudence.

Findings:

• The Constitutional Council deemed the 2002 law consistent with the Constitution, with exceptions for transitional provisions.
• The ruling clarifies that the 2002 law applies to children born after March 7, 2002, while prior claims are unaffected.
• A legal debate persists regarding the application of the 2002 law to children born before March 7, 2002, but whose legal actions were filed after this date.

Implications:

• The Constitutional Council's decision aims to provide legal certainty but leaves specific transitional cases open to interpretation.
• French courts are currently applying the Perruche jurisprudence to all children born before March 7, 2002, irrespective of claim filing dates.
• This ruling highlights the ongoing tension between protecting the rights of individuals with disabilities and legislative attempts to limit compensation claims.