| Government,
the Constitution and politics in France |
A succinct guide to the
institutions of power in France
The
French Constitution:
France is a republic;
the institutions of governance of France are defined by the Constitution, more
specifically by the current constitution, being that of the Fifth Republic.
The Constitution has been modified several times since the start of the
Fifth Republic, most recently in July 2008, when the French "Congress"
(A joint con vention of the two chambers of Parliament) approved - by 1 vote over the 60% majority required - constitutional changes proposed by
President Sarkozy.
The
Fifth Republic:
The fifth republic was established in 1958, and was largely the work of
General de Gaulle - its first president, and Michel
Debré his prime minister. It has been amended 17
times. Though the French constitution is parliamentary, it gave
relatively extensive powers to the
executive (President and Ministers) compared to other western
democracies.
The executive branch:
The head
of state and head of the executive is the President, elected
by universal suffrage. Originally, a president of the Fifth Republic
was elected for a 7-year
term (le septennat),
renewable any number of times. Since 2002 the President has been
elected for a 5-year term (le
quinquennat). Among proposals put forward by the current
president, Nicolas
Sarkozy, is one to limit the maximum number of terms to two.
The
President, who is also supreme commander of the military, determines
policy with the aid of his Council
of Ministers (Conseil
des ministres).
The residence of the President of the French Republic is the
Elysée Palace (le
palais de l'Elysée) in Paris.
The President appoints a prime
minister (currently François Fillon) , who
forms a government.
The residence of the French Prime Minister is at Matignon House (l'Hôtel Matignon)
in Paris.
In theory ministers are chosen by the PM; in practice unless the
President and the PM are from different sides of the political spectrum
(a system known as la
cohabitation), PM and president work together to form a
government. The President must approve the appointment of government
ministers.
The cabinet, le Conseil
des ministres,
meets on a weekly basis, and is presided over by the president.
Ministers determine policy
and put new legislation before Parliament in the form of bills (projets de loi); wiithin
the framework of existing law, they apply policy through decrees (décrets).
The
legislative branch:
The French parliament
is made up of two houses or chambers. The lower and
principal house of parliament is the Assemblée nationale,
or
national assembly; the second chamber is the Sénat or
Senate.
Members of Parliament, called Députés,
are elected by universal suffrage, in general
elections (élections
législatives)
that take place every five years. Senators are elected by
"grand electors", who are mostly other local elected representatives.
The electoral system for parliamentary elections
involves two rounds; a candidate can be elected on the first round by
obtaining an absolute majority of votes cast. The second round is a
runoff between two or more candidates, usually two..
The
judicial branch:
While the Minister of Justice, le
Garde des Sceaux,
has powers over the running of the justice system and public
prosecutors, the judiciary is strongly independent of the executive and
legislative branches. The official handbook of French civil law is the Code Civil.
Promulgation
of laws:
New bills (projets de loi),
proposed by government, and new pivate members bills (propositions de loi)
must be approved by both chambers,
before becoming law. However, by virtue of Article 49.3 of
the French
constitution, a government can override parliamentary opposition and
pass a law without a parilimentary vote. This does not happen
frequently, and in the framework of constitutional amendments,
president Sarkozy has proposed reducing the possibility of
using 49.3.
Laws and decrees are promulgated when the official text is published in
the Official Journal of the French Republic, le Journal Officiel.
The
Constitutional Council
The Constitutional Council ,
le Conseil constitutionnel,
exists to determine the constitutionality of new legislation or
decrees. It has powers to strike down a bill before it passes into law,
if it is deemed unconstitutional, or to demand the withdrawal of
decrees even after promulgation. The Council is made up of nine
members, appointed (three each) by the President of the Republic, the
leader of the National Assembly, and the leader of the Senate, plus
all surviving former heads of state.
Political
parties;
In 2008, France is governed by Conservatives.
The main political parties are:
On the
right: The Popular Union Movement (UMP - Union pour un Mouvement Populaire),
of which Nicolas Sarkozy was leader before becoming President. The UMP
has a majority in the National Assembly.
Centre
right: the New Centre (Nouveau Centre)
On the
left: the Socialist party (Parti Socialiste,
PS) - the main opposition party.
The Democratic Movement (Mouvement
Démocratique, MoDem)
The French Communist Party (parti
Communiste Français - PCF).
The Green Party (Les Verts)
France also has some surprisingly resiliant extremist parties on the
left and on the right, including the Revolutionary Communist League (Ligue communiste
révolutionnaire) and the Workers' Party (Lutte ouvrière),
and the National Front (Front
National).
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