This article is also available in:
Deutsch: Deja-vu: Frankreichs 3 Treffer-Gesetz an den Verfassungsrat weitergele...

As expected, on 28 September 2009 the socialist group of the French National Assembly submitted their referral to the Constitutional Council against the second version of the three strikes law (so-called Hadopi 2) passed in September through both chambers of the French Parliament.

The text of the referral, obtained exclusively by Liberation, challenges the law article by article. The main argument supported by the socialist group against the law is the non-observance by the Assembly of the "procedural guarantees regarding the sanctions involved", meaning the right to a fair trial, right to defense, presumption of innocence etc. Other arguments are some of those which caused the rejection of the first version of the law, Hadopi 1, by the Constitutional Council in June 2009, such as the sanctioning of a user for negligence.

Another anti-constitutional provision is related to the simplified procedure chosen by the government in the application of sanctions. According to the French Criminal Code, "the public ministry can appeal to the simplified procedure only when it results from the police enquiry that the deeds the defendant is investigated for are established". A simple IP address sent by HADOPI authority to the judge is not enough to prove the facts the user is accused of. The procedure looks more like an administrative procedure, putting the judge in the position of just approving an already taken decision.

The Constitutional Council has a month to take its decision on the matter.

Hadopi 2: the appeal to the Constitutional Council submitted on Friday (only in French, 24.09.2009)
http://www.numerama.com/magazine/14056-hadopi-2-le-recours-au-conseil-...

Hadopi-2 goes to Constitutional Council
http://www.iptegrity.com/index.php?option=com_content&task=view&am...

Hadopi 2: Exclusively, the referral submitted to the Constitutional Council (only in French, 28.09.2009)
http://www.ecrans.fr/Hadopi-2-En-exclu-la-saisine,8192.html

EDRi-gram: The French Constitutional Council censures the 3 strikes law (17.07.2009)
http://www.edri.org/edri-gram/number7.12/3-strikes-censured-council-co...