Constitutional principles and foundations governing activation measures

1 Constitutional principles and foundations governing activation measures  

In France, activation measures as such are not specified in legal provisions, but their sphere of influence is often, but not exclusively linked to social security (securite sociale), which thus often forms the reference point in viewing constitutional requirements. Even so, legal norms from other fields of law, notably labour law, can also be of significance. 

The so-called constitutionality block (bloc de constitutionnalite) is the uppermost level of legal norms within French law, and is elaborated through the case-law of the Conseil constitutionnel (Constitutional Council) in its interpretation of the diverse texts. 

This constitutional norm level comprises the Constitution of the 5th Repubhc, the Declaration of Human Rights of 1789 (Declaration des droits de VHomme et du Citoyen de 1789), the Preamble to the Constitution of 1946, the fundamental principles set out in the laws of the Republic,3 and finally the principles and rules that have been assigned constitutional rank. 

34 regulates the competences of the legislature and the executive with a view to fundamental rights (droits fondamentaux), including the social security system the term social security itself is not mentioned. 

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