FRANCE: POLITICAL SYSTEM

I. Form of Government

France has a Semi-Presidential system of government in which a President exists alongside a

Prime minister and a Cabinet, with the latter two being responsible to the legislature of the state. It differs
from a parliamentary republic in that it has a popularly elected head of state, who is more than a purely
ceremonial figurehead.

II. Constitution (Constitution of the Fifth Republic)

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.

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.

III. The Executive Branch

The French executive branch is made up of three different parts: the President, the Prime
Minister, and the Cabinet (a.k.a. Council of Ministers).

In France, in case of cohabitation when the president and the prime minister come from opposing
parties, the president oversees foreign policy and defence policy and the prime minister manages
domestic policy and economic policy. On the other hand, whenever the president is from the same party
as the prime minister, who leads the Cabinet, he often exercises “de facto” control over all fields of
policy. It is up to the president to decide, how much autonomy he gives to his prime minister to act on his
own.

1. PRESIDENT
(Currently: Francois Hollande − May 15, 2012)

The President has been directly elected by universal suffrage. Originally, the President of France
can be elected for a 7-year term. After the Referendum on the Reduction of the Mandate of the President
of the French Republic, 2000, the length of the term was reduced to five years.

The French President is quite powerful. Although it is the Prime Minister of France and the
Parliament that oversee much of the nation’s actual day-to-day affairs, the French President wields
significant influence and authority, especially in the fields of national security and foreign policy.

Roles and Powers of the President:

 Head of State
 Commander-in-Chief of the French Armed Forces.
  He chooses the Prime Minister and Cabinet.
Note: The president does not have the right to dismiss the prime minister or the cabinet. Only the
National Assembly may remove them from office with a vote of no confidence. However, in
some cases, the president can circumvent this limitation by exercising the discretionary power of
dissolving the assembly, which forces the prime minister and cabinet to step down.
 He promulgates laws.
 Suspensive Veto: when presented with a law, he or she can request another reading of it by
Parliament, but only once per law.
 He may dissolve the French National Assembly
 He can make or dissolve treaties.
 He may declare war, and may order the use of nuclear weapons.
 He names certain members of the Constitutional Council.
 He receives foreign ambassadors.
 He may grant a pardon (but not an amnesty) to convicted criminals. He can also lessen or
suppress criminal sentences.
Note: All decisions of the president must be countersigned by the Prime Minister, except in
dissolving the French National Assembly.

The President may be removed from office in cases where there has been a breach of his duties
that is clearly incompatible with the exercise of his mandate.
The impeachment process first requires 10% of upper house senators and 10% of lower house
deputies to sign a resolution. There must be a two-thirds majority vote in both houses of the parliament to
officially impeach the President.
Upon the death, removal, or resignation of the President, the President of the Senate takes over as
acting president.

2. PRIME MINISTER
(Currently: Manuel Valls – April 1, 2014)

The Prime Minister, as mentioned is appointed by the President and serves at his leisure. He is in
charge of domestic policy and day-to-day governing. While prime ministers are usually chosen from
amongst the ranks of the National Assembly, on rare occasions the President has selected a non-
officeholder because of their experience in bureaucracy or foreign service.

Roles and Powers of the Prime Minister:

 Head of Government
 He is responsible for national defence.
 He ensures the execution of laws.
 He exercises the rule-making power and makes appointments to civil and military posts subject to
the exception of Article 13.
 He can delegate some of his powers to the ministers.
  At times, he deputizes for the President of the Republic as the chairman of the Council and
Committees.

The Prime Minister remains in office so long as he enjoys the confidence of the Parliament. The
President can remove him only when the Prime Minister, after having lost the confidence of the House,
submits his resignation. The maximum period for which the Prime Minister, can remain in office is 5
years since the tenure of the National Assembly is five years.

3. COUNCIL OF MINISTERS

Council of Ministers is composed of only ministers of state, ministers, and secretaries of state.
The ministers are appointed by the President of the Republic upon the proposal of the Prime Minister. It is
led by the Prime Minister, who’s officially titled as the President of the Council of Ministers.

Roles and Powers of the Council of Ministers:

 Head of Ministerial Departments

 Responsible for the supervision of public legal entities acting within their ministerial department's
field of competence.
 Ministers must countersign the decrees of the President of the Republic and the Prime Minister
pertaining to the areas falling within their competence.
 Ministers are entrusted with the implementation of government policy.

IV. The Legislative Branch

The French parliament is divided into two houses, the 577-member National Assembly and the
321-member Senate. As the legislative branch of government, parliament is engaged primarily in the
debate and adoption of laws. Legislation relating to government revenues and expenditures is especially
important. The other principal duty of parliament is to oversee the government's exercise of executive
authority.

In principle, the National Assembly and the Senate share equal legislative power. In practice,
however, legislative authority is tilted to the National Assembly, since the Senate may delay, but not
prevent, the passage of legislation. If the two chambers disagree on a bill, final decision rests with the
National Assembly, which may either accept the Senate's version or, after a specified period, readopt its
own.

In 1995, the constitution was amended to provide a nine-month parliamentary session to run
continuously from October to June.

1. NATIONAL ASSEMBLY

The members of the National Assembly are directly elected for five-year terms. Candidates for
the National Assembly are elected by majority vote in single-member electoral districts. Runoff elections
are required if no candidate receives more than 50 percent of the vote.
 2. SENATE

Members of the Senate are elected indirectly for nine-year terms by “grand electors”, notably by
mayors and other locally elected representatives. One-third of the Senate is elected every three years.

V. The Judicial Branch

In the judicial branch, there are three levels of courts: the District Courts, Regional Courts, and
Assize Courts.

1. District Court

The district courts generally deal with smaller, petty crimes. For example, civil cases involving
sums under 10,000 euros and petty misdemeanors punishable by fines are generally settled in district
courts. District court cases are heard and decided by a single judge.

2. Regional Court

Above the district courts are the regional courts. There are fewer of these courts in France, and
they are evenly dispersed in the principal towns of various French regions. Regional courts deal with
larger, or graver, cases, such as civil cases involving more than 10,000 euros or misdemeanors or felonies
where sentences can range from six months to ten years of jail time. Regional courts are generally
presided and decided by a 3-judge panel.

3. Assize Court

The highest courts in which cases are heard are the assize courts. Assize courts handle special
criminal cases, such as those where the defendant is accused of murder, rape, or other serious crimes. As
this court only tries special cases, it does not sit permanently; the assize courts in each region are called
only a few times a year, as they are needed. The assize courts are also presided over by a 3-judge panel,
but also possess a 9-person jury of the public, which, together, decide cases.

The uppermost court in France is the Court of Cassation, which sits in Paris. This is the French
court last resort having jurisdiction over all matters triable in the judicial stream with scope of certifying
questions of law and review in determining miscarriages of justice. The Court is the court of final appeal
for civil and criminal matters.

VI. Law Making Process in France

1. Procedure: A bill may be raised in either of the House of the Parliament and have their first
reading in the House where it is Originated. However, financial bills should be raised in the
National Assembly only.

2. Controlling Power of the Constitutional Council: In the cause of disagreement between the
Government and the President of the House concerned the constitutional council has the chance
to think over the Bill. But this council is given a week for this task.
 3. Standing Commission/Adhoc Commission: After this the Bill is sent to one of the standing
commissions of the House. The commission discusses the Bill first in General, and then gives
vote on each Article. Afterwards, there is a final vote on the Bill. Then it is sent to the other
House of the Parliament and follows the same procedures. This completes the First reading of the
Bill.

4. Presidential Recognition: If both Houses agree on the same text the bill is sent to the President.
Like the president of USA the president have no right to give veto against the Bill. But he
possesses a suspension veto.

5. Second Reading: If there will be a chance of disagreement about the Bill between the two houses,
the Bill is read for the second time in each house.

6. Joint Committee: If the disagreement still continues the Joint Committee has the chance to think
over the Bill. The joint committee is formed by taking equal members from the both Houses of
the parliament. The joint committee’s purpose is to make the Bill free from all the disagreements.

7. In the completion: If the Joint committee does not adopt a joint version then again, a new reading
may take place in both Houses. The government may ask the National Assembly to rule
definitely. Here the National Assembly may take the version prepared by the Joint Committee or
last version to modify or make some amendments. If the government does not intervene and ask
the assembly to rule, definitely the Bill dies.

VII. The Constitutional Council

The Constitutional Council 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, three of
them are appointed by the President of the Republic, one is the leader of the National Assembly, and
another one is the leader of the Senate, plus all surviving former heads of state.

VIII. Political Parties

Note: In 2016, France is governed by the Socialist Party.

The main political parties are:

On the right:

 Les Républicains formerly the Popular Union Movement.

Center right:

 The New Centre

 The Union of Democrats and Independents
Center:

 The Democratic Movement

On the left:

 The Socialist party − since June 2012 the party in power.

 The Radical left
 The Left Front
 The French Communist Party
 The Green Party

IX. Election

France is a representative democracy. Public officials in the legislative and executive branches
are either elected by the citizens (directly or indirectly) or appointed by elected officials. Referendums
may also be called to consult the French citizenry directly on a particular question, especially one which
concerns amendment to the Constitution.

Elections are held on Sundays. The campaigns end at Friday midnight before the election.
Citizens with the age of 18 or older can vote. Registration is not compulsory, but the absence of
registration precludes the possibility of voting. Currently, all youths reaching the age of 18 are
automatically registered.