Constitutional ruling on health insurance freeze

The Conseil constitutionnel has ruled that the freeze on health insurance premium increases for 2026 is "contrary to the Constitution." This decision means that health insurance providers are no longer legally bound to maintain their rates at the same level for that year.

Legal challenge and constitutional questions

The Conseil d'État had submitted two priority constitutional questions (QPC) to the Conseil constitutionnel, which determined that the ban on raising premiums by health insurance providers for 2026 was "contrary to the Constitution." These organizations were therefore justified in increasing their rates as they saw fit.

Constitutional reasoning and consumer protection

The Conseil constitutionnel acknowledged that the legislature pursued a general interest objective of protecting consumers but considered that these provisions caused a disproportionate infringement on the freedom to operate and contractual freedom. This reasoning allowed the health insurance companies to disregard the freeze imposed by the law.

Health insurance providers and rate adjustments

These organizations, which had not implemented the freeze imposed by the law despite the demands of their policyholders and the mobilization of Que Choisir Ensemble, can therefore continue to increase their rates at their discretion, despite the maneuvering space they have, mainly high management fees that could be reduced.

Reaction from consumer advocacy group

Que Choisir Ensemble acknowledges the decision of the Conseil constitutionnel. Marie-Amandine Stévenin, its president, sees "a setback for consumers, deprived of a protection voted by Parliament." She criticizes the ongoing rise in health insurance premiums and promises continued mobilization against these increases.

Consumer impact and future premium increases

In the meantime, consumers will continue to face the ongoing rise in the prices of health insurance contracts, the sector having already announced, for 2027, an inflation of 6 to 8 percent! They have no choice, for now, but to compare offers and exercise their right to cancel at any time.

Tools for consumer choice

To help them, they can consult the health insurance comparator that Que Choisir Ensemble regularly updates. Health insurance See the comparison. Anne-Sophie Stamane