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PoliticsFrench Constitutional Council strikes down genetic genealogy use in Darmanin justice reform
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On July 23, 2026, the French Constitutional Council censured several measures of the criminal justice bill championed by Justice Minister Gérald Darmanin, notably the use of genetic genealogy to solve investigations. The Council ruled that the legislator failed to provide sufficient legal safeguards to balance the pursuit of offenders with the right to privacy, particularly regarding consultation of private company databases offering recreational genetic tests banned in France. The bill, finally adopted on July 9 after the controversial 'plea bargaining' measure was withdrawn, saw its main contested measures upheld, including the creation of departmental criminal courts (CCD) to judge crimes committed in a state of legal recidivism, reduced deadlines for lawyers' nullity requests, and extended pre-trial detentions. The Council also censured an article creating a status for judicial police psychologists. Darmanin welcomed the validation of the main measures, stating they would accelerate scheduling times and strengthen efficiency and proximity for victims.
Source report
The French Constitutional Council has censured several provisions of the criminal justice bill championed by Minister of Justice Gérald Darmanin, including the use of genetic genealogy for criminal investigations, according to a decision published Thursday, July 23.
The bill was finally adopted on July 9 in a significantly reduced version compared to the initial proposal, following the withdrawal of its controversial "plea bargaining" measure.
Key Rulings by the Constitutional Council
Reviewing the final text—which consolidates a series of scattered measures—the Council ruled that the use of genetic genealogy to solve certain cases, particularly cold cases, was unconstitutional. The institution stated:
"The legislator did not provide legal guarantees to ensure a balanced reconciliation between the constitutional objective of finding perpetrators of offenses and the right to respect for private life."
The contested provision would have authorized consulting databases from private companies—typically American firms offering recreational genetic tests that are banned in France. The Council noted that this violates the French criminal prohibition on soliciting and conducting such analyses.
The Council also:
- Censured an article creating a status for judicial police psychologists
- Expressed reservations about other articles without formally censuring them
Measures Upheld
The Council validated several key provisions, including:
- Jurisdiction of departmental criminal courts to judge crimes committed while in a state of legal recidivism
- Reduced deadlines for lawyers to file nullity requests
- Extended pre-trial detention in certain cases
Minister's Response
Gérald Darmanin welcomed the decision on X, stating that the Constitutional Council had ruled the law's "main measures" constitutional—particularly "the new departmental criminal courts (CCD) and the reform of nullities" of procedure, which had been highly contested by lawyers.
According to the minister:
"These new measures will significantly accelerate the scheduling times of our criminal justice system and will strengthen efficiency and proximity in the service of victims."
Le Monde with AFP
Source
Politique : Toute l’actualité sur Le Monde.fr.Western
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French Constitutional Council Strikes Down Genetic Genealogy Use in Darmanin Justice Reform