CONSTITUTION &

GOVERNMENT OF

FRANCE & THE

NEW EUROPEAN UNION

France 101

8 2009

by

CHRISTOPHER B. COHEN, ESQ.

444 Greenleaf

Glencoe, IL 60022-1908

847/867-8500

TABLE OF CONTENTS

Preface.......................................................................................................... 11

1. Introduction......................................................................................... 15

2. Constitution......................................................................................... 15

3. Declaration of Rights......................................................................... 17

4. French Republic................................................................................. 17

5. Pre-1958 Weak Executive................................................................ 18

6. The Constitution................................................................................. 18

7. Constitutional Amendment............................................................... 19

8. Presidential Characteristics............................................................. 20

9. Emergency Powers............................................................................ 21

10. Presidential Limitations.................................................................... 22

11. President Directly Elected................................................................ 23

12. Impeachment...................................................................................... 24

13. Current President............................................................................... 24

14. Previous President............................................................................ 25

15. Presidential Elections....................................................................... 26

16. Presidential Election Results........................................................... 27

17. Council of Ministers........................................................................... 28

18. Civil Service........................................................................................ 31

19. Elected Officials................................................................................. 32

20. The Government................................................................................ 33

21. Government Control Techniques.................................................... 34

22. Floor Rights........................................................................................ 35

23. Contrary Legislative Texts............................................................... 36

24. Official Misconduct............................................................................ 36

25. May 1995 Government...................................................................... 37

26. Life After The Presidency................................................................. 38

27. Presidential Vacancy......................................................................... 38

28. Countersignature............................................................................... 38

29. No Countersignature......................................................................... 39

30. Prime Minister.................................................................................... 39

31. Ministers.............................................................................................. 41

32. Fifth Republic Leaders...................................................................... 42

33. Dual Executive................................................................................... 44

34. Women's Issues................................................................................. 44

35. Specialized Agencies........................................................................ 45

36. Legislative Branch............................................................................. 46

37. Parliamentary Operations................................................................. 46

38. Legislative Authority.......................................................................... 47

39. Parliamentary Bills............................................................................. 48

40. L=Assemblée Nationale..................................................................... 49

41. Assembly Elections........................................................................... 50

42. National Assembly President........................................................... 51

43. Assembly Administration.................................................................. 51

44. Assembly Committees....................................................................... 52

45. La Dissolution..................................................................................... 53

46. La Censure.......................................................................................... 53

47. Elections.............................................................................................. 56

48. Parliamentary Elections.................................................................... 56

49. Compensation..................................................................................... 57

50. Assemblée Nationale Parties........................................................... 57

51. Le Sénat.............................................................................................. 59

52. Differing Texts.................................................................................... 60

53. Question Periods............................................................................... 61

54. Voting................................................................................................... 62

55. Election Types.................................................................................... 63

56. Incompatibility..................................................................................... 64

57. Irresponsabilité................................................................................... 66

58. Election Restrictions......................................................................... 67

59. Campaign Disclosure........................................................................ 67

60. Referenda............................................................................................ 68

61. Voter Registration.............................................................................. 68

62. Constitutional Council....................................................................... 69

63. Dual Law System............................................................................... 71

64. Les Cours Administratives............................................................... 73

65. Conseil d'Etat..................................................................................... 73

66. Civil Courts......................................................................................... 74

67. Criminal Courts.................................................................................. 75

68. Non-Professional Judges................................................................. 76

69. Criminal Cases................................................................................... 77

70. La Cour de Cassation....................................................................... 78

71. High Council of the Judiciary........................................................... 78

72. Lawyers............................................................................................... 79

73. National Audit Courts........................................................................ 80

74. Judicial Careers................................................................................. 80

75. Government Levels............................................................................ 81

76. Other Administrative Units............................................................... 82

77. Les Cantons........................................................................................ 82

78. Centralization..................................................................................... 82

79. Decentralization................................................................................. 82

80. La Police.............................................................................................. 83

81. Interpol................................................................................................. 86

82. La Police Nationale........................................................................... 86

83. La Gendarmerie Nationale............................................................... 89

84. Police Judiciare.................................................................................. 89

85. Judicial Investigation......................................................................... 90

86. Le Ministère de Justice..................................................................... 96

87. Les Communes................................................................................... 97

88. Les Conseils Municipaux.................................................................. 97

89. Le Maire............................................................................................... 98

90. City Populations................................................................................. 99

91. Les Départements.............................................................................. 99

92. Departmental Legislatures............................................................. 100

93. Le Préfet............................................................................................ 101

94. Regions.............................................................................................. 101

95. Economic Committees.................................................................... 102

96. Regions, Department and Principal Towns................................. 102

97. Decentralized Power....................................................................... 106

98. Local Taxes....................................................................................... 107

99. Value Added Tax.............................................................................. 107

100. New Communities............................................................................ 108

101. Elementary and Secondary Education......................................... 109

102. University.......................................................................................... 112

103. Grandes Ecoles................................................................................ 116

104. ENA.................................................................................................... 117

105. Population......................................................................................... 118

106. Alcohol and Tobacco....................................................................... 119

107. Language........................................................................................... 120

108. Religion.............................................................................................. 121

109. Geography......................................................................................... 121

110. Rivers................................................................................................. 122

111. Andorra and Monaco....................................................................... 122

112. Work Force........................................................................................ 123

113. Recent Selected History................................................................. 123

114. Social Classes.................................................................................. 125

115. Unions................................................................................................ 126

116. Social Security................................................................................. 127

117. Economy............................................................................................ 129

118. Industry.............................................................................................. 130

119. Energy................................................................................................ 131

120. Banking.............................................................................................. 132

121. Bank Nationalization....................................................................... 133

122. Bank Regulation............................................................................... 133

123. Bank of France................................................................................. 134

124. Economic Affairs Ministry............................................................... 135

125. Television.......................................................................................... 135

126. Daily Circulation Newspapers........................................................ 136

127. Military............................................................................................... 136

128. Minitel................................................................................................ 137

129. Rails................................................................................................... 138

130. Vichy Government........................................................................... 140

131. European Union............................................................................... 140

132. EU Applications................................................................................ 141

133. EU Geography.................................................................................. 142

134. European Governance.................................................................... 142

135. Confederalism.................................................................................. 143

136. EU Public View................................................................................. 143

137. Maastricht Treaty............................................................................. 144

138. EU Budget......................................................................................... 145

139. The European Commission............................................................ 145

140. Council of the European Union..................................................... 149

141. European Parliament....................................................................... 151

142. European Court of Auditors........................................................... 154

143. European Court of Justice.............................................................. 154

144. Human Rights Court........................................................................ 154

145. European Economic and Social Committee................................ 154

146. European Committee on Regions................................................. 155

147. Nation of Europe.............................................................................. 155

148. Schengen Agreement...................................................................... 156

149. European Banking........................................................................... 157

150. Trade.................................................................................................. 157

151. Common Market............................................................................... 158

152. Unified Europe.................................................................................. 158

153. Foreign Investment.......................................................................... 159

154. European Citizenship and Immigration........................................ 159

155. Foreign Relations............................................................................. 159

156. Treaties.............................................................................................. 160

157. European Law................................................................................... 160

158. European Convention on Human Rights...................................... 161

159. International Organizations............................................................ 162

160. French States Over Two Centuries.............................................. 162

161. French Heads of State.................................................................... 163

162. La France En Ligne......................................................................... 167

163. World Population Percentage........................................................ 168

CONSTITUTION &

GOVERNMENT OF

FRANCE & THE

NEW EUROPEAN UNION

Preface

Since this writer's first trip to France in 1961, there have been major changes in the perception of this country and its denizens by Americans. In the 50+ years since World War II, tendencies within French society have changed considerably.

$ Frequently changing Governments have been replaced by Government stability.

$ The French Communist Party has declined.

$ Polarizing ideological divisions between political parties of the Left and Right have lessened.

$ Political party discipline has decreased.

$ As in the US, identification by members of the public with a particular party has declined.

$ Interest in the unification of Europe has increased.

What are the constitutional and institutional changes that have coincided with these changes in French politics and government? How do France's current institutions and Constitution compare to those in the United States?

I wrote this text for students of France and also to familiarize tourists and businessmen who travel to and enjoy France but cannot figure out the political and governmental systems there.

French history has been significantly different than that in England and the United States. For example, England has a Prime Minister. Even though the Prime Minister and the cabinet ministers are members of the executive branch, they are also members of the legislative branch. Ministers in the British Government are also members of the House of Commons. Members of the French Conseil des Ministres can speak in debates on the Assembly floor but are prohibited from being a member of that body.

In the United States, there is a President but no Prime Minister. The President and his Cabinet Members are prohibited from being members of the legislative branch. France has chosen neither of these two systems. Instead, it has a President and a Prime Minister. Under the prior constitution, the French presidency was mostly ceremonial. Under the current Fifth Republic constitution, a President is the single most powerful governmental official. Yet, there is no Vice President.

How can an Englishman or an American who travels to France on business or works there for an extended period understand such a system? What do foreigners need to know to survive in a contest with the French government system? It is these types of questions I pursue in this book. Also, many texts are written like American insurance policies. They are written by and for drafters of the documents, but not for readers. It is difficult for readers to understand and to easily acquire the knowledge. This book, on the other hand, is intended to be an overview with many bullet points and short, easy-to-grasp, factual details.

The intent is not to qualify readers for a Ph D, but to permit them to understand and thus increase their enjoyment of the French experience. A second goal is to benefit executives of multi-national firms when they are transferred to France by giving them a head start in comprehending the new and complex system they are about to encounter. So many new and different words are used that it is often difficult to understand without a translation of the concepts as well as the words themselves. A third goal is to assist foreigners in reading a French newspaper or accounts in English language newspapers about events in France. This is a self-help book to understand the French system. Another title is AEverything You Always Wanted To Know About The French But Were Afraid To Ask@ or AThe French System Explained@ or AFrance Explained.@

Unlike American and British concepts, France's largest bank is owned, not by private enterprise, but by the Government. Top French civil servants receive the equivalent of a masters degree in finance and public administration at a Government institution somewhat like the US Naval Academy or West Point. These public employees owe Government service to their country, yet some transfer to private enterprise before returning to Government service.

Americans are used to operating in the United States which has a federal system with the national government having power in some areas and states having authority in others. On the other hand, foreigners in France, thanks to Napoléon, will come up against a unitary national government with power centralized in Paris. Recently, the country has experimented with some decentralization.

In addition, a supranational layer is being spread over the 15 European nations via the Common Market or European Union.

1. Is this similar to the 13 U.S. colonies joining together and putting a layer of government over themselves 200 years ago?

2. How do the institutions of and the European Union (common market) operate?

3. How does one compensate formerly protectionist countries which exported agricultural goods to other countries from which they previously imported manufactured goods?

4. When trade barriers fall, how does the EU cause winners to subsidize losers?

5. When the European Union creates a new law, how is it implemented in each of the 15 countries?

6. Will these 15 countries that speak 13 different languages actually create a single currency?

7. How can this possibly be organized?

-o0O0o-

1. Introduction

Two major systems of democratic government are the parliamentary and the presidential. England has a Prime Minister elected by the legislative branch while the US has a president elected by the public. France (la République Française) has both. It is a "mixed presidential/parliamentary", "dual executive" or "semi-presidential" system. The term semi-presidential was first used by French law professor, Maurice Duverger, to refer to a President elected by universal suffrage working with a Prime Minister and Cabinet responsible to Parliament.

In the US, the President is both head of the state and head of government. In the United Kingdom, the monarch is head of state while the Prime Minister is head of government. The British (parliamentary) system stopped having a dual executive at the dawn of the 19th century when the monarch lost all but symbolic powers. In France, these roles are divided between President and Prime Minister. The President is chef d'Etat (head of state). He appoints the Prime Minister who is chef du gouvernement (head of government). Both share executive leadership. The French system permits the Prime Minister to direct the administration and bureaucracy while the President acts as the nation's leader.

2. Constitution

France has had five republics, two empires and more than a dozen constitutions in two hundred years. On the other hand, the 1787 American Constitution is still in effect while the 1791 French Constitution lasted less than one year. Since adoption of the original US constitution in 1787, France has had 13 written constitutions. During that time, there were three monarchies, two empires, the Vichy state and five republics. The Third Republic had 110 governments from 1870-1940. In the Fourth Republic, there were 23 governments in 13 years. The history of France since 1789 has effectively been a very long constitutional convention.

until 1789	Ancien Régime
1789 - 1792	Revolutionary Regimes
1792 - 1804	First Republic
1804 - 1814	First Empire
1848 - 1852	Second Republic
1852 - 1871	Second Empire
1871 - 1940	Third Republic
1947 - 1958	Fourth Republic
1958 - present	Fifth Republic

The current constitution, adopted by a 1958 referendum, established la Cinquième République (Fifth Republic) and ended years of governmental instability. It vastly expanded Presidential power. Minority governments (those supported by fewer than half the members of Parliament) were prevalent during the Fourth Republic. The high number of minority governments contributed to political instability. In its short 12-year life (1946-1958), the Fourth Republic had 20 different Governments headed by 17 Prime Ministers.

The 1958 constitution was linked to the threat of civil war in France over whether to grant independence to the colony of Algeria and was adopted due to the need for a strong executive. Some units of the French Army in Algeria had occupied the French Island of Corsica.

War hero General Charles de Gaulle (1890-1970) was called out of retirement in June 1958 to rule by decree for six months, to write a new constitution and to serve as the of the Fourth Republic=s last Prime Minister. At age 68, he proposed the new Constitution as a response to the inefficiency of earlier institutions and the need for the Government to win and hold a consensus. In France before WW II, as well as during the subsequent Fourth Republic, executive highly dependent on Parliament.

The constitutional law of June 3, 1958 passed the National Assembly (lower house) 350 Yes, 160 No with 70 abstaining. It was passed by the Conseil de la République (Council of the Republic--the name at that time for what is now l=Assemblée nationale (National Assembly or lower house) 260 Oui (Yes), 30 Non (No). Voters approved the new constitution by referendum (79% "Oui" to 21% "Non" votes). The vote in metropolitan France was 17,660,790 Yes, 4,624,511 No and 4,016,614 abstentions.

	Yes	No	Abstain
Conseil de la République	260	30	--
All valid referendum votes	79%	21%	--
Metropolitan France vote	17,660,790	4,624,511	4,016,614

The new constitution was promulgated (became effective) October 4, 1958, four months after de Gaulle became Prime Minister. It has been amended several times since. The French Constitution incorporates into its text by reference:

$ the 1946 Constitution's preamble,

$ concepts of national sovereignty, representative government and universal suffrage from prior constitutions, including several specific laws and

$ the 1789 Declaration of the Rights of Man (la Declaration des Droits de l=homme et du citoyen) from the French Revolution.

3. French Republic

France is a republic as distinguished from a monarchy because its Head of State is constitutionally and periodically elected as opposed to hereditary and because its Governmental functions are legally defined and limited. Of 23 European nations existing in 1914, only France, Portugal and Switzerland were then republics. Article 2 of the 1958 Constitution requires that the national:

$ Anthem is la Marseillaise.

$ Motto is Liberté, Egalité, Fraternité.

$ Emblem is the tricolore (3 vertical stripes of blue, white and red).

$ Principal is "government of the people, by the people and for the people."

4. Pre-1958 Weak Executive

Empires created by the two Napoléons created fear among those who favored a republic and fear of a strong leader who could turn into a dictator. In 1799, France's chief executive, Napoléon Bonaparte, staged a coup d'état and became Emperor Napoléon I in 1804. In 1851, his cousin, Louis-Napoléon (previously elected as the Second Republic's President) staged a coup d'état and had himself installed as Emperor Napoléon III in 1852.

The Napoleonic legacy caused some to favor a strong parliament during the Third and Fourth Republics. Constitutions prior to the V^e République (Fifth Republic) maintained a weak executive and strong legislature to prevent strong executives. During the Third and Fourth Republics, the legislative branch was more powerful than the presidency. Only once (in 1877) did a President (Marshall MacMahon) dissolve the l'Assemblée nationale. Because the subsequent election delivered a National Assembly majority opposed to the President, no subsequent executive branch chose to act independently of the legislative branch. After the 1877 attempt, presidents performed little more than ceremonial duties. Prime Ministers and governments also were weak due to the minor powers granted them by the Constitution. There were 108 Governments during the 70 years of the Third Republic and 25 in the 12 years of the Fourth Republic. France had 60 Governments between 1870 and 1914.

5. The Constitution

The 1958 Constitution:

$ strengthened executive power at the expense of the legislative branch.

$ allows Government to make some rules without Parliament. (Article 37)

$ creates no clear line between roles of President and Prime Minister.

$ specifically recognizes political parties. (Article 4)

$ establishes seven important institutions:

$ le Président de la République (President of France). (Article 5)

$ l'Assemblée Nationale (National Assembly--lower house). (Article 24)

$ le Sénat (Senate--upper house). (Article 24)

$ le Premier ministre (Prime Minister). (Article 21)

$ le Gouvernement (the Government). (Article 20)

$ le Conseil constitutionnel (Constitutional Council). (Article 56)

$ le Conseil d'Etat (Council of State). (Article 65)

Of the institutions listed above, only the first two are directly chosen by the electorate.

Article 92 (now obsolete) allowed the Government to establish new institutions, to create a system for elections and to rule by adopting ordinances during the first 4 months of the 1958 constitutions.

6. Constitutional Amendment

A constitutional amendment can be adopted in one of several ways:

1. identical language passes each house as a "constitutional law" and is approved by a national referendum, (Article 89)

2. identical language proposed by the Government passes each house and then passes a joint meeting of both houses by a 3/5 majority or (Article 89)

3. At the suggestion of Government or both Chambers of Parliament, the President submits a law directly to a national referendum. (Article 11)

The constitution authorizes only the first two methods (Article 89) for constitutional amendments. The third (Article 11) allows the President to pass by referendum laws which deal with (1.) "organization of the public authorities," (2.) which ratify a treaty or (3.) reform economic or social policy. De Gaule used Article 11 but ignored the requirement that the Government suggest the language he sent to referenda.

The Constitution does not authorize constitutional amendments by referendum (#3) without their passage first by Parliament. Nevertheless, in 1962, President de Gaulle initiated a referendum to do just that--amend the constitution. He ignored Article 89 and used Article 11 to amend the Constitution. This promoted a controversy about the proper method of amendment. Both le Conseil d'Etat and le Conseil constitutionnel formally responded to Government inquiries prior to the referendum's passage that the procedure was unconstitutional. Most legal scholars felt Article 11 was inappropriate to use for amending the constitution especially because it is the only one of the three methods for calling a referendum that bypasses Parliament. On the other hand, legal opinion shifted due to the Senate's consistent road blocks to amendments of any kind by referendum. The national majority vote in favor of the referendum's passage further reduced the intensity of the debate. In response to a review request from the Senate President after the nation-wide vote, le Conseil constitutionnel decided it had no jurisdiction to review language directly passed by the voters.

In 1973, President Pompidou proposed a constitutional amendment to reduce the Presidential term of office from seven to five years. It passed each of Parliament=s two chambers separately in identical language, as required by Article 89. However, the Government did not submit it to the two houses sitting in joint Session (le Congrès). Therefore, it failed to obtain the necessary 3/5 majority in Congrès and could not be submitted to a referendum.

7. Presidential Characteristics

The President of the Republic:

$ is elected for 7 years, longest term in any parliamentary system. (Article 6)

$ must be 23 years old or older.

$ is directly elected by voters age 18 or older. (Article 6)

$ must be a French citizen.

$ must have satisfied the nation=s military obligation.

$ may be re-elected indefinitely.

$ is commander-in-chief of the armed forces. (Article 15)

$ has the right to pardon. (Article 17)

$ appoints the Prime Minister. (Article 8)

$ has no legal power to dismiss the Prime Minister but (Article 8)

$ can pressure the Prime Minister to resign.

$ promulgates laws adopted by le Conseil des Ministres. (Article 10)

$ is president of the Conseil des Ministres (Council of Ministers). (Article 9)

$ signs ordinances and decrees. (Article 13)

$ presides over the Cabinet or "Government." (Article 9)

$ can dissolve the Assembly and cause new (early) elections. (Article 12)

$ can dissolve National Assembly with advice (not necessarily consent) of PM. (Article 12)

$ cannot dissolve the Assembly for one year after a prior dissolution. (Article 12)

$ cannot be forced to resign by Parliament (Le Parlement).

$ is president of interministerial councils.

$ presides over Conseil supérieur de la magistrature (Judiciary High Council).(Article 65)

$ appoints 3 of 9 members of the Constitutional Council, le Conseil constitutionnel. (Article 56)

$ designates one of his 3 choices as Constitutional Council President. (Article 56)

$ may ask Constitutional Council to review laws & treaties before promulgation. (Article 61)

$ is paramount in a "reserved domain" (any topic he chooses)

$ accredits but does not appoint ambassadors. (Articles 13 & 14)

$ appoints upper-level civil servants. (Article 13)

$ appoints higher-level military officers. (Article 13)

$ negotiates and ratifies treaties. (Article 52)

$ directs diplomacy.

$ must promulgate new laws 15 days from passage or (Article 10)

$ can force Parliament to reconsider part or all of a bill. (Article 10)

$ has no veto power other that reconsideration threat. (Article 10)

$ can submit certain bills and treaties to national referenda. (Article 11)

$ sends written messages to Parliament. (Article 18)

$ may initiate constitutional amendments. (Article 89)

$ can rule by decree in a national emergency. (Article 16)

$ has discretion to decide when he can take emergency powers to rule by decree.

$ is designated guardian and arbiter of the basic law. (Article 5)

$ can help Government outflank Parliament by putting legislation to referenda. (Article 11)

8. Emergency Powers

In an emergency, Article 16 allows the French President to take significant powers. When possessing these emergency powers, he may not dissolve the National Assembly. Emergency powers under Article 16 should not be confused with l'état de siège (martial law or state of siege) which can be decreed by le conseil des ministres. (Article 36)

Emergency powers were used only once in 1961 when de Gaulle feared the French army would take over the French colony of Algeria. President de Gaulle received emergency powers due to a 1962 attempted coup d=état (rebellion) by military officers opposed to Algerian independence. It failed after 4 days but state of emergency stayed in effect for 5 months. The US Constitution has no special language for emergencies, however, Article II, sections 2 and 3, grants the American President broad powers which can be exercised in time of war, rebellion, strikes or natural disaster. If exercised, these powers can be reviewed by the US Supreme Court.

9. Presidential Limitations

The President of the Republic:

$ may hold no other public office.

$ has no power to veto legislation.

$ cannot dissolve Parliament within a year after dissolving it once before.

$ is prohibited from attending parliamentary debates.

$ is prohibited from speaking at parliamentary debates.

$ is prohibited from visiting Parliament even if invited.

$ has no Vice President.

$ has few powers on paper that can be exercised unilaterally without obtaining authority from some other person or source.

$ can dissolve the National Assembly but only once in 12 months

$ has no authority to fire the Prime Minister

$ can only fire ministers if the Prime Minister recommends it.

Observers familiar with the presidential and parliamentary models of structuring governments, sometimes ask why the French system is neither of the above. If the goal was to move from the weak executive in the Fourth Republic to a strong executive in the V^e République (Fifth Republic), why weren't the President's powers clearly delineated? One response is that although party leaders decided to solve the Algerian crisis by bringing de Gaulle back in 1958 as the Fourth Republic's last premier and to write a new constitution, these leaders extracted a promise that they participate in the new constitution's drafting. On paper, the President's powers are vague except for when he takes power in a national emergency. (Article 16) The President can:

$ "arbitrate" (Article 5)

$ assure "regular functioning" of the Government

$ assure continuity of the Nation

$ protect its independence

$ guard France's "territorial integrity" and

$ maintain "respect for treaties."

10. President Directly Elected

In the Fourth Republic, the two houses of Parliament together--not the public--elected the President for 7 years. From 1958-62, the President was elected via indirect suffrage by an electoral college of 80,000 notables (local leaders). It included members from Parliament, from general councils, from municipal councils and from overseas territorial assemblies.

Election of the President by direct universal suffrage was adopted by constitutional amendment following a 1962 referendum proposed by President de Gaulle (62% "Yes" and 38% "No" votes). The vote was 12,809,363 "Pour" (pro) and 7,942,695 "Contre" (con) with 6,280,297 abstentions (people registered but not voting).

	Pro	Con	Abstain
Registered Voters	12809363	7942695	6280297
Valid Ballots Cast	62%	38%	--

For the first time in 100 years, this 1962 amendment allowed the Head of State to draw authority directly from the public, not from Parliament. (Article 7) The President became the sole official with a majority mandate from all French voters.

So far in the Fifth Republic, no political party has won the majority to elect its Presidential candidate on the first tour (ballot; round of voting). If no candidate receives a majority on this first ballot, only the top two are in the runoff. (Article 7) This encourages consolidation into two coalitions--one left and one right. De Gaulle was elected both ways--by electoral college in 1958 and directly by the voters in 1965.

Presidential campaigns must make public their funding sources. Once elected, a President must publicly declare his income. The President's office is in the Elysée Palace (Palais de l=Elysée) which has a staff of 700.

11. Impeachment

In the US, the President cannot be removed by the legislative branch except by impeachment. In France, impeachment of a public official does not exist. The word le empêchement refers to an impediment. The President is not accountable for acts performed in his official capacity except that he can be indicted for haute trahison (high treason) by an absolute majority of each house of Parliament. (Article 68) Trial is by la Haute Cour de Justice (High Court of Justice). It is composed of an equal number of members elected from among the membership of each house of Parliament. (Article 67) There are 24 judges plus 12 alternates in case some of the 24 recuse themselves due to conflicts of interest, being called as witnesses or other disqualifications. The constitution is silent as to whether a French President must leave office if convicted of high treason.

La Haute Cour de Justice is not to be confused with la Cour de justice de la République (Court of Justice of the Republic) which tries members of the Government. (Article 68-1). It consists of 6 members of l=Assemblée Nationale, 6 members of le Sénat and 3 judges of la Cour de cassation, one of whom presides over la Cour de justice de la République.

12. Presidential Elections

Using 1969's second ballot vote counts for President as an example, results are reported as follows:

		Votes
Inscrits	all registered voters	28,747,988
Abstentions	registered but not voting	8,896,260
Votants	total voting	19,851,728
Blancs or nuls	blank or invalid ballots cast	1,294,629
Suffrages expirimés	valid ballots	18,557,099
Georges Pompidou	votes for winner	10,686,498
Alain Poher	votes for loser	7,870,601

In France and the US, no law punishes citizens who chose not to vote. In France, those who are registered but do not come to vote are called "abstentions." In a contrary tradition, Belgium has le vote obligatoire (government mandated voting). Those who fail to vote are fined.

In the first round of 1995 balloting, almost 40% of those voting chose presidential candidates from parties not in the political mainstream. The high amount (6%) of blank ballots were not counted in the total of votes cast. Had they been counted, Chirac would be the first President elected by less than a majority of all votes cast.

A ballot which is Ablanc@ is blank with no marks on it. It can also occur if the ballot envelope is put in the urn without a ballot in it. A ballot which Anul@ is void. This can occur if the voter marks two names for an office where only one can be elected or puts illegal distinguishing marks on the ballot that could be used to distinguish it for others.

13. Presidential Election Results

First Round Sunday, April 23, 1995

Candidate	Party	Left	Right
Lionel Jospin	Socialist	23.30%
Jacques Chirac	Gaullist		20.84%
Edouard Balladur	Center Right		18.58%
Jean-Marie LePen	Extreme Right		15.00%
Robert Hue	Communist	8.64%
Arlette Laguillier	Trotskite	5.30%
Philippe de Villiers	Other Europe		4.74%
Dominique Voynet	Green/ecologist	3.32%
Jacques Cheminade			0.28%
		40.00%	60.00%

Second Round Sunday, May 7, 1995

Candidate	Party	Left	Right
Jacques Chirac	conservative		52.7%
Lionel Jospin	Socialist	47.3%

14. Council of Ministers

The Constitution's chief characteristic is dominance by the executive. The Premier Ministre (Prime Minister) is appointed Head of Government by the President (head of state). (Article 8) The PM is not normally referred to as the premier as in some other parliamentary systems. Collectively Ministers are referred to not as the ACabinet@ (as in the US) but as the AGovernment@. The Government is le Premier Ministre plus a set of ministers. It is referred to as le Conseil des Ministres (Council of Ministers) when it meets, usually each Wednesday. Ministers are appointed by the President on the Prime Minister's recommendation. (Article 8)

Le Conseil des Ministres:

$ is presided over by the President (Article 9)

$ can decree martial law l'État de siège (Article 36)

$ can adopt temporary legislation by ordinance to establish new Governmental institutions.

$ can decide which ordinances and decrees will be submitted to the President for signature (Article 13)

$ discusses Government bills to be introduced into parliament (Article 39)

$ is consulted by the Prime Minister before he pledges the Government's responsibility to the National Assembly.

$ appoints préfets (National Government officials) in each département (Article 13)

$ appoints ambassadors (Article 13)

$ appoints members of le Conseil d'Etat (Council of State) court (Article 13)

$ appoints senior members of the National Audit Office (Article 13)

$ appoints 27 regional educational superintendents (recteurs) (Article 13)

$ enacts ordinances for limited periods on topics within the legislative sphere (Article 38)

$ enacts such ordinances only after consultation with le Conseil d'Etat (Article 38)

Members of the Government do not have to have been members of the National Assembly. They need not even belong to the Prime Minister's party. If they are Members of Parliament, they must resign to join the Government. The Council of Ministers is mentioned in Articles 9, 13, 21, 36, 38, 39, 49 and 92. These articles make the Council a body to be consulted by the Government and the President. The Constitution does not authorize the Government or le Conseil des Ministres to debate and create policy collectively like a legislative body. In the United Kingdom (UK) or the US, this group might be referred to as the Cabinet.

Each minister has a private staff or personal team of advisors called his cabinet ministériel. Selection of members of un cabinet ministériel depends not on the Government but on the minister. Some are likely to be civil servants personally chosen by the minister. In France, civil service includes temporary political service via the cabinet ministériel system. The head staff person (chief of staff) for a minster's cabinet ministériel is called the chef de cabinet or directeur de cabinet. A member of a minister's staff watches over several of the ministry's sub-agencies (directions), each of which is headed by a directeur or a directeur général. The French word cabinet means a minister's private staff. It should not be confused with the American word "cabinet" which corresponds in France to "Government" or "Council of Ministers".

Le Conseil des Ministres is composed of the Prime Minister and senior Government members chaired by the President. Although the President can refuse to sign decrees

from the Council of Ministers, this has never occurred because Presidents have dominated the Council. Members of le Conseil des Ministres:

$ may not hold a seat in Parliament. (Article 23)

$ may not be an active civil service employee. (Article 23)

$ may not be employed in the private sector at the national level. (Article 23)

$ may hold elected positions only at the regional or local level. (Article 23)

Members of le Conseil des Ministres:

$ are criminally liable for their official acts. (Article 68-1)

$ may introduce legislation into Parliament. (Article 39)

$ may address Parliament. (Article 48)

$ may be questioned by Members of Parliament. (Article 48)

The Fifth Republic Constitution's incompatibility clause (Article 23) eliminates any incentive for Ministers voting to dissolve the Government and being able to return to their legislative seats. The incompatability clause prohibits a member of the Government from also serving in l'Assemblée Nationale or in le Sénat or holding any national office in public employment, in professional activity or in a business, professional or union organization. Prime Ministers have served longer in the Fifth Republic than in the Fourth Republic but cabinets have been reshuffled with PM's remaining at the helm.

Constitutions prior to 1959 allowed Ministers to also serve as members of Parliament. Deputés could destabilize a Government by threatening to vote for a no confidence (censure) motion (motion de censure) in Parliament. Sometimes a Minister in the Third or Fourth Republic would threaten to bring down a multi-party, coalition Government in which he served due to disputes with a PM from another party. The hope was that a new Government would contain fewer supporters of the policy opposed by the person threatening censure. Other times a Minister hoped a newly appointed Government would promote him to a more powerful post--even Prime Minister. The Prime Minister:

$ may be dismissed by the National Assembly.

$ may not be dismissed by the President.

$ can introduce legislation into Parliament. (Article 39)

$ has his office at the Hôtel Matignon.

In the United States, Department Secretaries (collectively the Cabinet) are chosen by the President. Once confirmed by the US Senate, members of the Cabinet cannot be fired by the legislative branch but can be fired by the President. In France, the Council of Ministers is chosen by the President and Prime Minister, however, Ministers can be removed from office collectively by the legislative branch's lower house (l'Assemblée Nationale) via a censure motion.

No French law restricts civil servants from engaging in partisan political activity contrary to the situation in the US and UK. Thus the Council of Ministers may contain a higher percentage of civil servants than an American cabinet.

The Council of Ministers often includes people with little prior political experience. This may be due to a president=s desire to pick competent technicians to make him look good or to minimize the roles of potential political rivals. Presidents can pick political unknowns for prime minister as de Gaulle did when he selected George Pompideu in 1962.

15. Civil Service

As in the United States, the Civil Service Law (Statut Général de la Fonction Publique) provides virtual lifetime employment for un fonctionnair, (a civil servant). French civil servants are allowed to engage in political activity in their private capacities. Civil servants are divided into a number of different corps including the grands corps. Some have only a few members (préfets) while others have tens of thousands. These include:

$ le corps diplomatique (diplomatic corps)

$ primary school teachers (the largest corps)

$ customs officers and l'inspection des finances tax inspectors in the Finance Ministry

$ national police (la police nationale) in the Interior Ministry (le Ministère de l=Intérieur)

$ gendarmerie in the Defense Ministry (le Ministère du Defense)

$ magistrates in the Justice Ministry

$ le corps prefectorial (préfets)

$ Conseil d'état (Council of State)

$ la Cour des comptes (Court of Accounts)

$ Ecole nationale des impôts (national tax college)

$ Ecole nationale de la magistrature (national judicial college) l=ENM

$ recteurs d'académie (regional directors of educational administration). Des Académies include primary, secondary and university education but not grandes écoles.

$ other corps

Corps technique:

$ le corps des ingénieurs des mines mine engineers

$ le corps des ingénieurs des ponts et chaussées (highway engineers)

A civil servant can work outside his corps and then return to this corps d'origine (corps of origination) or ministry by:

$ mis en disponibilité (put on leave of absence from civil service without pay if elected a deputé or maire)

$ détachement (to go to a cabinet ministériel or to another corps or to work for a city's maire) paid by the receiving agency.

$ mis à disposition (loaned to another governmental unit for experience to spread its influence and eyes and ears) paid by the sending agency.

16. The Government

In the US, laws are passed by the national legislature (Congress) and regulations to implement them are promulgated by the relevant cabinet department. Similarly, in France, laws are passed by Parliament and décrets d'application (regulations) are promulgated by the minister who heads the relevant ministry--not from the President. The Government is composed of le conseil des Ministres plus le premier Ministre. It:

$ is housed at the Hôtel Matignon

$ may introduce legislation just as members of Parliament may

$ may amend legislation just as members of Parliament may

$ can decide when Parliament meets

$ can set the ordre du jour (agenda) in both the National Assembly and Senate.

$ can bar any legislation from the agenda it does not like.

$ can refuse a political asylum request previously rejected by another EU country. (Article 53-1)

$ always resigns after legislative Assemblée Nationale elections whatever the outcome, although not required to.

$ can ask Parliament to delegate away its legislative authority in a specific policy area for a limited time period subject to Parliament's subsequent veto.

$ must consult with le conseil économique et social (Economic and Social Council) on economic or social plans. (Article 70)

$ may ask le conseil économique et social for its opinion on any legislation, ordinance or decree. (Article 69)

Members of the Government:

$ cannot also be members of the Assembly or Senate. (Article 23)

$ cannot hold any public or private national position. (Article 23)

Governments are coalitions of multiple parties even when the largest party has an absolute majority of seats in l'Assemblée Nationale. On a censure motion to topple the Government:

$ a majority of all 577 Assembly seats (289 votes) is required for passage.

$ only "Yes" votes are counted. (Article 49)

$ a vote "present" or "abstain" counts against the motion.

$ signatories of a censure motion are banned from signing another motion during the same session, except

$ when the Prime Minister pledges the Government's responsibility, any deputy may sign and file a censure motion. (Article 49)

The Government's General Secretariat organizes the work of the Government including the agenda and minutes of Counsel of Ministers meetings.

-o0O0o-

17. Fifth Republic Leaders

Year	President	Defeated Candidate	Prime Minister
1958	Charles de Gaulle	(None)	Michel Debré
1959
1960
1961
1962			Georges Pompidou
1963