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FRANCE CONSTITUTION
{ Adopted on: 28 Sep 1958 - Fifth Republic }
{ Amended in: 1962 - presidential elections }
{ Amended in: 1992 - Maastricht Treaty }
{ Amended in: 1993 - immigration law, not included }
{ Amended on: 26 July 1995 - referendum, not included }
{ ICL Document Status: 25 June
1992 }
Preamble
The French people hereby solemnly proclaim their dedication to the Rights of
Man and the principle of national sovereignty as defined by the Declaration
of 1789, reaffirmed and complemented by the Preamble to the 1946
Constitution.
By virtue of these principles and that of the free determination of
peoples, the Republic offers to the Overseas Territories expressly desiring this to adhere to them new
institutions based on the common ideal of liberty, equality, and
fraternity and conceived with a view to their democratic evolution.
[Title 0 Community]
Article 1 [Institution
of Community]
(1) The Republic and the peoples of the Overseas Territories who, by free determination, adopt the present
Constitution thereby institute a Community.
(2) The Community shall be based on the equality and solidarity of
the peoples composing it.
Title I Sovereignty
Article 2 [State Form
and Symbols]
(1) France is an indivisible, secular, democratic, and social
Republic. It ensures the equality of all citizens before the law, without
distinction as to origin, race, or religion. It respects all beliefs.
(2) The language of the Republic is French.
(3) The national emblem is the blue, white, and red tricolor flag.
(4) The national anthem is the "Marseillaise".
(5) The Motto of the Republic is "Liberty, Equality, Fraternity".
(6) Its principle is government of the people, by the people, and for the
people.
Article 3 [Electoral
Rights]
(1) National sovereignty belongs to the people, who exercise it through their
representatives and by means of referendums.
(2) No section of the people, nor any individual, may abrogate to themselves
or to him or herself the exercise thereof.
(3) Suffrage may be direct or indirect under the terms stipulated by the
Constitution. It shall always be universal, equal, and secret.
(4) All French citizens of both sexes who have attained their majority and
enjoy civil and political rights may vote under the conditions determined by
law.
Article 4 [Political
Parties]
Political parties and groups shall be instrumental in the exercise of the
suffrage. They shall be freely formed and shall freely carry on their
activities. They must respect the principles of national sovereignty and democracy.
Title II The President
of the Republic
Article 5 [Presidential
Office]
(1) The President of the Republic shall see that the Constitution is observed.
He shall ensure, by his arbitration, both the proper functioning of the
governmental authorities and the continuity of the State.
(2) He shall be the guarantor of national independence, the integrity of the
territory and observance of Community agreements, and of treaties.
Article 6 [Term of
Presidency]
The President of the Republic shall be elected for seven years by direct
universal suffrage. The procedures implementing this Article shall be laid
down in an organic act.
Article 7 [Election of
President]
(1) The President of the Republic shall be elected by an absolute majority of
the votes cast. If this is not obtained on the first ballot, there shall be a
second ballot on the next Sunday but one. Only the two candidates who have
won the greatest number of votes in the first ballot may stand in it, after
taking into account, if applicable, any withdrawals of candidates who have
received a higher vote.
(2) Voting shall begin at the formal summons of the Government.
(3) The election of the new President shall take place not less than twenty
days and not more than thirty-five days before the expiry of the powers of
the President in office.
(4) In the event of the Presidency of the Republic falling vacant for any
cause whatsoever, or of an impediment being formally recorded by the
Constitutional Council upon referral to it by the Government and ruling by an
absolute majority of its members, the functions of the President of the
Republic, with the exception of those laid down in Articles 11 and 12 below,
shall be temporarily exercised by the President of the Senate, or, if the
latter is in his turn impeded from exercising these functions, by the
Government. In the event of a vacancy, or when the impediment is declared
permanent by the Constitutional Council, polling for the election of a new
President shall take place, except in cases of force majeure
formally recognized by the Constitutional Council, not less than twenty days
and not more than thirty-five days after the beginning of the vacancy or the
declaration of the permanence of the impediment. If one of the persons who
publicly announced their decision to stand for election less than thirty days
before the final date for lodging the presentations of candidature dies or is
otherwise prevented within seven days prior to that date, the Constitutional
Council may decide to postpone the election.
(5) If one of the candidates dies or is otherwise prevented before the first
ballot, the Constitutional Council shall pronounce the postponement of the
election.
(6) Should one of the candidates heading the poll in the first ballot die or
be otherwise prevented prior to any withdrawals, the Constitutional Council
shall declare that the election procedure must be repeated in full; the same
shall apply in the event of one of the candidates standing in the second
ballot dying or being otherwise prevented.
(7) All cases shall be referred to the Constitutional Council in the manner
set out in the second paragraph of Article 61 below or
determined for the presentation of candidates in the organic act provided for
in Article 6
above.
(8) The Constitutional Council may extend the periods stipulated in the third
and fifth paragraphs, provided that polling takes place not later than
thirty-five days after the Constitutional Council's decision. If
implementation of the provisions of this paragraph results in the
postponement of the election to a date
after the expiry of the powers of the President in office, the latter shall
remain in office until the proclamation of his successor.
(9) Neither Articles 9 and 50 nor
Article 89
of the Constitution may be applied while the Presidency of the Republic is
vacant, nor during the period between the declaration of the permanence of
the impediment preventing the President of the Republic from discharging his duties
and the election of his successor.
Article 8 [Prime
Minister]
(1) The President of the Republic shall appoint the Prime Minister. He shall
terminate that appointment when the latter tenders the resignation of the
Government.
(2) On the proposal of the Prime Minister, he shall appoint the other members
of the Government and terminate their appointments.
Article 9 [Council of
Ministers]
The President of the Republic shall preside over the Council of Ministers.
Article 10
[Promulgation, Veto]
(1) The President of the Republic shall promulgate laws within fifteen days
following the transmission to the Government of the said laws as finally
adopted.
(2) He may, before expiry of this time limit, ask Parliament to reconsider a
law or certain of its articles. This reconsideration may not be refused.
Article 11 [Referendum]
(1) The President of the Republic may, on the proposal of the Government
during sessions, or on a joint motion of the two Assemblies published in the
Official Journal, submit to a referendum any bill dealing with the
organization of the governmental authorities, entailing approval of a
Community agreement or providing for authority to ratify a treaty which,
though not unconstitutional, would affect the functioning of [existing]
institutions.
(2) When the referendum decides in favor of the bill, the President of the
Republic shall promulgate it within the time limit stipulated in the
preceding article.
Article 12 [Dissolution
of National Assembly]
(1) The President of the Republic may, after consultation with the Prime
Minister and the Presidents of the Assemblies, pronounce the dissolution of
the National Assembly. A General election shall take place not less than
twenty days and not more than forty days after the dissolution.
(2) The National Assembly shall meet ipso jure
on the second Thursday following its election. If this meeting takes place
outside the periods provided for ordinary sessions, a session shall ipso jure be held for a fifteen-day period.
(3) No further dissolution may take place within a year following this
election.
Article 13 [Powers of
President and Council of Ministers]
(1) The President of the Republic shall sign the ordinances and orders
decided upon in the Council of Ministers.
(2) He shall make appointments to the civil and military posts of the State.
(3) Conseillers d'Etat,
the Grand Chancelier de la Legion d'Honneur, Ambassadors and envoys extraordinary, Conseillers Maitres of the Cour des Comptes, Prefects,
Government representatives in the Overseas Territories, General Officers, Recteurs d'academies and
Directors of central administrations
shall be appointed by the Council of Ministers.
(4) An organic act shall determine the other posts to be filled by decision
of the Council of Ministers, together with the conditions under which the
power of appointment of the President of the Republic may be delegated by him
and exercised in his name.
Article 14 [Diplomatic
Affairs]
The President of the Republic shall accredit Ambassadors and envoys
extraordinary to foreign powers; foreign Ambassadors and envoys extraordinary
shall be accredited to him.
Article 15 [Commander
in Chief of Armed Foces]
The President of the Republic shall be commander-in-chief of the armed forces.
He shall preside over the Higher National Defence councils and committees.
Article 16 [State of
Emergency]
(1) When the institutions of the Republic, the independence of the nation,
the integrity of its territory, or the fulfillment of its international
commitments are under grave and immediate threat and when the proper
functioning of the constitutional governmental authorities is interrupted,
the President of the Republic shall take the measures demanded by these
circumstances after official consultation with the Prime Minister, the
Presidents of the Assemblies, and the Constitutional Council.
(2) He shall inform the nation of these measures by a message.
(3) These measures must be prompted by a will to ensure within the shortest
possible time that the constitutional governmental authorities have the means
of fulfilling their duties. The Constitutional Council shall be consulted
with regard to such measures.
(4) Parliament shall meet ipso jure.
(5) The National Assembly may not be dissolved during the exercise of
emergency powers.
Article 17 [Right of
Pardon]
The President of the Republic shall have the right of pardon.
Article 18 [Messages to
Parliament]
(1) The President of the Republic shall communicate with the two
parliamentary Assemblies by means of messages, of which he shall order a
reading and which shall not give rise to any debate.
(2) Between sessions, Parliament shall be convened especially for this
purpose.
Article 19
[Countersignature of Prime Minister]
Official decisions of the President of the Republic other than those provided
for under Articles 8 (1), 11, 12, 16, 18, 54, 56 and 61 shall be
countersigned by the Prime Minister and, where applicable, by the responsible
ministers.
Title III The
Government
Article 20
[Governmental Functions]
(1) The Government shall determine and conduct the policy of the nation.
(2) It shall have at its disposal the administration and the armed
forces.
(3) It shall be responsible to Parliament under the conditions and in
accordance with the procedures stipulated in Articles 49 and 50.
Article 21 [Head of Government]
(1) The Prime Minister shall direct the conduct of government affairs. He
shall be responsible for national defence. He shall ensure the implementation
of legislation. Subject to the provisions of Article 13, he
shall exercise the power to make regulations and to make appointments to
civil and military posts.
(2) He may delegate certain of his powers to Ministers.
(3) Should the occasion arise, he shall deputize for the President of the
Republic as chairman of the councils and committees provided for under
Article 15.
(4) On an exceptional basis, he may deputize for him as chairman of a meeting
of the Council of Ministers by explicit delegation and for a specific agenda.
Article 22
[Countersignature of Ministers]
The official decisions of the Prime Minister shall be countersigned, where
appropriate, by the ministers responsible for their implementation.
Article 23
[Incompatibility]
(1) Membership of the Government shall be incompatible with the exercise of
any Parliamentary mandate, with the holding of any representational office at
national level in a trade organization, and with any public employment or
professional activity.
(2) An organic act shall determine the conditions under which the holders of
such mandates, offices, or employment shall be replaced.
(3) Members of Parliament shall be replaced in accordance with the provisions
of Article 25.
Title IV Parliament
Article 24 [National
Assembly, Senate]
(1) Parliament shall consist of the National Assembly and the Senate.
(2) Deputies of the National Assembly shall be elected by direct
suffrage.
(3) The Senate shall be elected by indirect suffrage. It shall ensure the
representation of the territorial entities of the Republic. French nationals
living outside France shall be represented in the Senate.
Article 25 [Election
Act]
(1) An organic act shall determine the term for which each Assembly is
elected, the number of its members, their emoluments, the conditions of
eligibility and ineligibility and the offices incompatible with membership of
the Assemblies.
(2) It shall likewise lay down the conditions governing the election, in the
event of a vacancy, of persons to replace deputies or senators whose seats
have been vacated until new general or partial elections are held for the
Assembly concerned.
Article 26 [Indemnity,
Immunity]
(1) No member of Parliament may be prosecuted or subjected to inquiry,
arrest, detention, or trial on account of opinions expressed or votes cast in
the course of his or her duties.
(2) No member of Parliament may, during parliamentary sessions, be prosecuted
or arrested for a felony or misdemeanor without the authority of the Assembly
of which he or she is a member, except in cases of flagrante
delicto.
(3) When Parliament is not in session, no member of Parliament may be
arrested without the authority of the bureau of the Assembly of which he or
she is a member, except in the case of flagrante
delicto, authorized prosecution, or final
sentence.
(4) The detention or prosecution of a member of Parliament shall be suspended
if the Assembly of which he or she is a member so demands.
Article 27
[Unrestricted Decisions]
(1) All mandatory instructions shall be null and void.
(2) The right to vote of the members of Parliament shall be personal.
(3) An organic act may, exceptionally, authorize the delegation of a vote. In
this case, no member may be delegated to cast more than one vote.
Article 28
[Parliamentary Sessions]
(1) Parliament shall convene ipso jure in
two ordinary sessions per year.
(2) The first session shall begin on 2 April and last for thirty days.
(3) The second session shall open on 2 October and last for not more than
ninety days.
(4) If 2 October or 2 April is a public holiday, the session shall open on
the first working day thereafter.
Article 29
[Extraordinary Sessions]
(1) Parliament shall convene in extraordinary session, at the request of the
Prime Minister or of a majority of the members of the National Assembly, to
consider a specific agenda.
(2) When an extraordinary session is held at the request of the members of the
National Assembly, the closure order shall take effect as soon as Parliament
has exhausted the agenda for which it was convened and at the latest twelve
days from the opening date of the session.
(3) Only the Prime Minister may request a further session before the end of
the month following the closure order.
Article 30 [Opening and
Closing Procedure]
Apart from cases in which Parliament meets ipso jure,
extraordinary sessions shall be opened and closed by order of the President
of the Republic.
Article 31 [Presence of
Government]
(1) The members of the Government shall have access to the two Assemblies.
They shall be heard when they so request.
(2) They may call for the assistance of government commissioners.
Article 32 [Presidents
of National Assembly and Senate]
The President of the National Assembly shall be elected for the duration of
the legislature. The President of the Senate shall be elected after each
partial renewal.
Article 33 [Publicity]
(1) The meetings of the two Assemblies shall be public. A full report of the
debates shall be published in the Official Journal.
(2) Each Assembly may sit in secret committee at the request of the Prime
Minister or of one tenth of its members.
Title V Relations
Between Parliament and Government
Article 34 [Legislative
Powers]
(1) All legislation shall be passed by Parliament.
(2) Legislation shall establish the rules concerning:
- civil rights and the fundamental guarantees granted to the citizens for the
exercise of their public liberties; the national defence obligations imposed
on citizens in respect of their
persons or property;
- nationality, status, and capacity of persons, property rights arising out
of a matrimonial relationship, inheritance, and gifts;
- determination of felonies and misdemeanors, together with the penalties
applicable to them; criminal procedure; amnesty; the creation of new
jurisdictions and the status of judges;
- the assessment bases, rates, and methods of collecting taxes of all types;
the issuance of currency.
(3) Legislation shall likewise determine the regulations concerning:
- the electoral systems of the parliamentary Assemblies and local Assemblies;
- the creation of categories of public establishments;
- the fundamental guarantees granted to civil and military personnel employed
by the State;
- company nationalizations and transfers of company ownership from the public
to the private sector.
(4) Legislation shall determine the fundamental principles of:
- the general organization of national defence;
- free local government and the powers and resources of local authorities;
- education;
- the rules governing property rights, chattels real, civil and commercial
obligations;
- labor and trade-union law and social security.
(5) Finance acts shall determine the financial resources and obligations of
the State, subject to the conditions and reservations laid down in an organic
act.
(6) Program acts shall specify the objectives of State economic and social
policy.
(7) The provisions of this article may be developed in detail and amplified
by an organic act.
Article 35 [Declaration
of War]
A declaration of war must be authorized by Parliament.
Article 36 [Declaration
of Martial War]
(1) Martial law shall be declared in a meeting of the Council of Ministers.
(2) Parliament alone may authorize its extension beyond twelve days.
Article 37
[Regulations]
(1) Matters other than those that fall within the sphere of legislation shall
be determined by regulation.
(2) Legislation concerning these matters may be amended by orders issued
after consultation with the Conseil d'Etat. Any such legislative texts introduced after this
Constitution has entered into force shall be amended by order only if the
Constitutional Council has pronounced that the matters they deal with fall
within the field subject to regulation as defined in the preceding paragraph.
Article 38 [Ordinances]
(1) The Government may, in order to carry out its program, ask Parliament to
authorize it, for a limited period, to take by ordinance measures normally
within the legislative sphere.
(2) Ordinances shall be enacted in meetings of the Council of Ministers after
consultation with the Conseil d'Etat.
They shall come into force upon their publication, but shall become null and
void if the bill for their ratification is not submitted to Parliament before
the date set by the enabling act.
(3) Upon expiry of the period referred to in the first paragraph of this
article, the ordinances may be amended only by act of Parliament in respect
of those matters which are within the legislative domain.
Article 39 [Right to
Initiative]
(1) The Prime Minister and the members of Parliament have concurrent rights
to initiate legislation.
(2) Government bills shall be discussed in the Council of Ministers after
consultation with the Conseil d'Etat
and shall be tabled in one of the two Assemblies. Finance bills shall be
submitted first to the National Assembly.
Article 40 [Private
Members' Bills]
Private members' bills and amendments shall be inadmissible if their adoption
would have the effect of reducing public revenue or of creating or increasing
an item of public expenditure.
Article 41 [Declaration
of Inadmissibility]
(1) If it is found in the course of the legislative procedure that a private
member's bill or amendment is not within the domain of law or is contrary to
a delegation granted by virtue of Article 38, the
Government may declare its inadmissibility.
(2) In the event of disagreement between the Government and the President of
the Assembly concerned, the Constitutional Council, at the request of either
party, shall rule within eight days.
Article 42 [Discussion
of Bills]
(1) In the first Assembly to which it is referred, a government bill shall be
discussed on the basis of the text put forward by the Government.
(2) An Assembly which has before it a bill passed by the other Assembly shall
deliberate on the text transmitted to it.
Article 43 [Referral to
Committees]
(1) Government and private members' bills shall, at the request of the
Government or of the Assembly considering them, be referred for examination
to committees specially appointed for this purpose.
(2) Government and private members' bills for which such a request has not
been made shall be referred to one of the standing committees, the number of
which shall be limited to six in each Assembly.
Article 44 [Altering
Bills]
(1) Members of Parliament and the Government shall have the right of
amendment.
(2) After the opening of the debate, the Government may object to any
amendment being considered which has not previously been submitted to
committee.
(3) If the Government so requests, the Assembly concerned shall decide, in a
single vote, on all or part of the text under discussion, retaining only the
amendments proposed or accepted by the Government.
Article 45 [Legislative
Conflicts]
(1) If, owing to disagreement between the two Assemblies, it has proved
impossible to adopt a government or private member's bill after two readings
by each Assembly, or, if the Government has declared the matter urgent, after
a single reading by each of them, the Prime Minister shall have the right to
call for a meeting of a joint committee composed of an equal number of
members of each Assembly, to propose a text on the matters still under
discussion.
(2) The text drafted by the joint committee may be submitted by the
Government to the two Assemblies for approval. No amendment shall be
admissible except by agreement with the Government.
(3) If the joint committee fails to agree on a common text, or if this text
is not adopted under the conditions set forth in the
preceding paragraph, the Government may, after a further reading by the
National Assembly and Senate, ask the National Assembly to make a final
decision. In this event, the National Assembly may return either to the text
drafted by the joint committee, or to the last text passed by itself,
modified, if applicable, by one or more of the amendments adopted by the
Senate.
Article 46 [Legislative
Procedures]
(1) Acts defined under the Constitution as organic shall be passed and
amended as follows:
(2) A government or private member's bill shall be submitted for discussion
and to a vote in the first Assembly in which it has been tabled not less than
fifteen days after that tabling.
(3) The procedure of Article 45 shall be
applicable. Nevertheless, in the absence of agreement between the two
Assemblies, a bill may be adopted by the National Assembly on final reading
only by an absolute majority of its members.
(4) Organic acts relating to the Senate must be passed in the same wording by
the two Assemblies.
(5) Organic acts may be promulgated only after the Constitutional Council has
declared them constitutional.
Article 47 [Finance
Bill Procedures]
(1) Parliament shall pass finance bills under the conditions
stipulated by an organic act.
(2) Should the National Assembly fail to reach a decision at the first
reading within forty days of a bill being tabled, the Government shall refer
it to the Senate, which must come to a decision within fifteen days. The
procedure set forth in Article 45 shall
then apply.
(3) Should Parliament fail to reach a decision within seventy days, the
provisions of the bill may be brought into force by ordinance.
(4) Should the finance bill establishing the revenue and expenditure of a fiscal
year not be tabled in time for its promulgation before the beginning of that
fiscal year, the Government shall, on an emergency basis, ask Parliament for
authority to collect taxes and shall make available by order the funds needed
to provide for services already approved.
(5) The time limits stipulated in this article shall be suspended when
Parliament is not sitting.
(6) The Cour des Comptes
shall assist Parliament and the Government in supervising the implementation
of the finance acts.
Article 48 [Order of
Deliberation]
(1) The discussion of bills tabled by the Government and of private members'
bills agreed to by it shall have priority on the agendas of the Assemblies in
the order decided by the Government.
(2) One meeting per week shall be reserved in priority for members' questions
and the Government's replies.
Article 49 [Policy
Discussions, Motion of Censure]
(1) The Prime Minister, after deliberation by the Council of Ministers, may
commit the Goverment's responsibility before the
National Assembly with regard to its program or, should the occasion arise,
to a statement of general policy.
(2) The National Assembly may challenge the responsibility of the Government
by passing a motion of censure. Such a motion shall be admissible only if signed
by at least one tenth of the members of the National Assembly. The vote may
not take place until forty-eight hours after the motion has been tabled; the
only votes counted shall be those in favor of the motion of censure, which
may be adopted only by a majority of
the membership of the Assembly. Should the motion of censure be rejected, its
signatories may not introduce another such motion in the course of the same
session, except in the case provided for in the following paragraph.
(3) The Prime Minister may, after deliberation by the Council of Ministers,
commit the Government's responsibility to the National Assembly on the
passing of a bill. In this case, the text shall be regarded as carried unless
a motion of censure, tabled within the succeeding twenty-four hours, is
passed under the conditions laid down in the previous paragraph.
(4) The Prime Minister may ask the Senate to approve a general policy
statement.
Article 50 [Resignation
of Government]
If the National Assembly adopts a motion of censure, or rejects the
Government's program or a general policy statement by the latter, the Prime
Minister must tender the Government's resignation to the President of the
Republic.
Article 51 [Postponed
Closure of Session]
The closure of ordinary or extraordinary sessions shall be postponed ipso jure, should the occasion arise, in order to apply
the provisions of Article 49.
Title VI Treaties and
International Agreements
Article 52 [President's
Powers]
(1) The President of the Republic shall negotiate and ratify treaties.
(2) He shall be informed of all negotiations leading to the conclusion of an
international agreement not subject to ratification.
Article 53 [Important
Treaties]
(1) Peace treaties, commercial treaties and treaties, or agreements relating
to international organization, or implying a financial commitment on the part
of the State, or modifying provisions of a legislative nature, or relating to
the status of persons, or entailing a cession, exchange or ad junction of
territory, may be ratified or approved only by act of Parliament.
(2) They shall take effect only after having been ratified or approved.
(3) No cession, exchange, or adjunction of territory shall be valid without
the consent of the populations concerned.
Article 54
[Constitutional Revisions for Ratification]
If, upon the demand of the President of the Republic, the Prime Minister or
the President of one or other Assembly or sixty deputies or sixty senators,
the Constitutional Council has ruled that an international agreement contains
a clause contrary to the Constitution, the ratification or approval of this
agreement shall not be authorized until the Constitution has been revised.
Article 55 [Force of Law,
Principle of Reciprocity]
Duly ratified or approved treaties or agreements shall, upon their
publication, override laws, subject, for each agreement or treaty, to its
application by the other party.
Title VII The
Constitutional Council
Article 56 [Membership]
(1) The Constitutional Council shall consist of nine members, whose term of
office shall last nine years and shall not be renewable. One third of the
membership of the Constitutional Council shall be renewed every three years.
Three of its
members shall be appointed by the President of the Republic, three by the
President of the National Assembly, three by the President of the Senate.
(2) In addition to the nine members provided for above, former Presidents of
the Republic shall be ex officio life members of the Constitutional
Council.
(3) The President shall be appointed by the President of the Republic. He
shall have the casting vote in the event of a tie.
Article 57
[Incompatibility]
The office of member of the Constitutional Council shall be incompatible with
that of minister or member of Parliament. Other incompatibilities shall be
determined by an organic act.
Article 58 [Control of
Presidential Elections]
(1) The Constitutional Council shall ensure the regularity of the election of
the President of the Republic.
(2) It shall examine complaints and proclaim the results of the vote.
Article 59 [Control of
Assembly Elections]
The Constitutional Council shall rule, in the case of a dispute, on the regularity
of elections of deputies and senators.
Article 60 [Control of
Referendums]
The Constitutional Council shall ensure the regularity of referendums and
proclaim the results thereof.
Article 61 [Control of
Parliamentary Acts]
(1) Organic acts, before their promulgation, and standing orders of the
parliamentary Assemblies, before their implementation, must be submitted to
the Constitutional Council which shall rule on their constitutionality.
(2) To the same end, acts of Parliament may, before their promulgation, be
submitted to the Constitutional Council by the President of the Republic, the
Prime Minister, the President of the National Assembly, the President of the
Senate, sixty deputies or sixty senators.
(3) In the cases provided for by the two preceding paragraphs, the
Constitutional Council must rule within one month. However, at the
Government's request, this period shall be reduced to eight days if a matter
is urgent.
(4) In these same cases, referral to the Constitutional Council shall suspend
the time limit for promulgation.
Article 62 [Voidability by Control]
(1) A provision declared unconstitutional may not be promulgated or
implemented.
(2) The decisions of the Constitutional Council shall not be subject to
appeal to any jurisdiction. They shall be binding on the governmental
authorities and on all administrative and jurisdictional authorities.
Article 63 [Rules of
Procedure]
An organic act shall determine the organizational and operational rules of
the Constitutional Council, the procedure to be followed before it, and in
particular the periods of time allowed for referring disputes to it.
Title VIII The
Judiciary
Article 64
[Independence]
(1) The President of the Republic shall be the guarantor of the independence
of the Judiciary.
(2) He shall be assisted by the Conseil
Superieur de la Magistrature.
(3) An organic act shall determine the status of members of the Judiciary.
(4) Judges may not be removed from office.
Article 65 [Conseil Superieur]
(1) The Conseil Superieur
de la Magistrature shall be presided over by
the President of the Republic. The Minister of Justice shall be its ex
officio Vice-President. He may deputize for the President of the
Republic.
(2) The Conseil Superieur
shall, in addition, comprise nine members appointed by the President of the
Republic under the terms laid down by an organic act.
(3) The Conseil Superieur
shall make proposals for appointments of Judges of the Cour
de Cassation and of Presiding Judges of the Courts of Appeal. It shall
give its opinion, under the conditions stipulated by the organic act, on the
proposals of the Minister of Justice relative to appointments of other
judges. It shall be consulted on questions of pardon under conditions determined
by an organic act.
(4) The Conseil Superieur
shall act as the disciplinary council for judges. In such cases, it shall be
presided over by the Presiding Judge of the Cour
de Cassation.
Article 66 [Personal
Freedom]
(1) No one may be arbitrarily detained.
(2) The Judiciary, guardian of individual liberty, shall enforce this
principle under the conditions stipulated by legislation.
Title IX The High Court
of Justice
Article 67 [Membership]
(1) A High Court of Justice shall be instituted.
(2) It shall be composed of members elected in equal number by the
National Assembly and the Senate from within their ranks after each general
or partial election to these Assemblies. It shall elect its President from
among its members.
(3) An organic law shall determine the composition of the High Court, its
operating rules and the procedure to be followed before it.
Article 68 [Liability
of President and Government]
(1) The President of the Republic shall not be held accountable for actions
performed in the exercise of his office except in the case of high treason.
He may be indicted only by the two Assemblies ruling by identical vote in
open balloting and by an absolute majority of their members. He shall be
tried by the High Court of Justice.
(2) The members of the Government shall be criminally liable for actions
performed in the exercise of their office and deemed to be felonies or
misdemeanors at the time they were committed. The procedure defined above
shall be applied to them and to their accomplices, in the case of a
conspiracy against the security of the State. In the cases provided for by
this paragraph, the High Court shall be bound by the definition of felonies
and misdemeanors, as well as by the determination of penalties as laid down
by the criminal law in force when the acts are committed.
Title X The Economic
and Social Council
Article 69 [Opinion on
Bills]
(1) The Economic and Social Council shall, upon referral to it by the
Government, give its opinion on government bills, draft ordinances and orders,
and private members' bills submitted to it
(2) A member of the Economic and Social Council may be
designated by it to present before the parliamentary Assemblies the Council's
opinion on the Government or private members' bills submitted to it.
Article 70
[Consultation]
The Economic and Social Council may likewise be consulted by the Government
on any problem of an economic or social nature concerning the Republic or the
Community. Any plan or program bill of an economic or social nature shall be
submitted to it for its advice.
Article 71 [Membership]
The composition of the Economic and Social Council and its rules of procedure
shall be determined by an organic act.
Title XI Territorial
Entities
Article 72 [Definition,
Creation, Self-Government]
(1) The territorial entities of the Republic are the communes, departments,
and overseas territories. Any other territorial entities shall be created by
legislation.
(2) These entities shall freely govern themselves through elected councils
and under the conditions stipulated by legislation.
(3) In the departments and territories, the Government Delegate
shall be responsible for the national interests, administrative supervision,
and law enforcement.
Article 73 [Adjustments
for Overseas Departments]
Measures of adjustment required by the particular circumstances of the
overseas departments may be taken with regard to their legislative system and
administrative organization.
Article 74 [Overseas
Territories]
(1) The overseas territories of the Republic shall have a special
organization taking account of their specific interests within the general
interests of the Republic.
(2) The status of the Overseas Territories shall be determined by
constitutional enactments defining, in particular, the powers of their own institutions;
changes to their status can be made in the same form, after consultation of
the territorial assembly concerned.
(3) The other aspects of their particular structure are defined and modified
by Act of Parliament, after consultation of t territorial assembly concerned.
Article 75 [Civil
Status]
Citizens of the Republic who do not have ordinary civil status as referred to
in Article 34
shall retain their personal status as long as they have not renounced it.
Article 76 [Territorial
Status, National Self-Determination]
(1) The Overseas Territories may retain their status within the Republic.
(2) If they express a will to do so by decision of their Territorial
Assemblies taken within the time limit set in the first paragraph of Article 91, they
shall become overseas departments of the Republic or, either jointly or
severally, member States of the Community.
Title XII The Community
Article 77 [Autonomy]
(1) In the Community instituted under this Constitution, the States shall
enjoy autonomy; they shall conduct their own administration and manage their
own affairs democratically and freely.
(2) There shall be only one citizenship of the Community.
(3) All citizens shall be equal before the law, regardless of their origin,
race or religion. They shall have the same duties.
Article 78 [Common
Jurisdiction]
(1) The Community's jurisdiction shall cover foreign policy, defence,
currency, common economic and financial policy, as well as policy on
strategic raw materials.
(2) It shall also include, except in the case of specific agreements,
supervision of justice, higher education and the general organization of
external transport, transport within the Community, and telecommunications.
(3) Special agreements may create other common jurisdictions or regulate any
transfer of jurisdiction from the Community to one of its members.
Article 79
[Transitional Regulations]
(1) The member States shall benefit from the provisions of Article 77 as soon
as they have exercised the choice set out in Article 76.
(2) Until the measures required for implementation of this title come into
force, matters within the common jurisdiction shall be regulated by the
Republic.
Article 80
[Representation and Institutions]
(1) The President of the Republic shall preside over and represent the
Community.
(2) The institutional organs of the Community shall be an Executive Council,
a Senate, and a Court of Arbitration.
Article 81 [Mutual
Representation]
(1) The member States of the Community shall participate in the election of
the President in accordance with the conditions stipulated in Article 6.
(2) The President of the Republic, in his capacity as President of the
Community, shall be represented in each State of the Community.
Article 82 [Executive
Council]
(1) The Executive Council of the Community shall be presided over by the
President of the Community. It shall consist of the Prime Minister of the
Republic, the Heads of Government of each of the member States of the
Community, and the ministers responsible for matters common to the Community.
(2) The Executive Council shall organize the cooperation of members of the
Community at government and administrative levels.
(3) The organization and procedure of the Executive Council shall be
determined by an organic act.
Article 83 [Senate of
the Community]
(1) The Senate of the Community shall be composed of delegates chosen by the Parliament
of the Republic and the legislative Assemblies of the other Community members
from among their own memberships. The number of delegates of each State shall
be determined according to its population and the responsibilities it assumes
in the Community.
(2) It shall hold two sessions a year, each of which shall be opened and
closed by the President of the Community and may not last longer than one
month.
(3) At the behest of the President of the Community, it shall deliberate on
common economic and financial policy prior to legislation on these matters
being voted upon by the Parliament of the Republic and, as and when
applicable, by the legislative Assemblies of the other Community members.
(4) The Senate of the Community shall examine the acts and treaties or
international agreements referred to in Articles 35 and 53 and
which commit the Community.
(5) It shall make enforceable decisions in the domains in which it has
received delegation of power from the legislative Assemblies of the Community
members. These decisions shall be promulgated in the same form as legislation
in the territory of each of the States concerned .
(6) An organic act shall determine its composition and rules of procedure.
Article 84 [Court of
Arbitration]
(1) A Court of Arbitration of the Community shall rule on litigation
occurring between members of the Community.
(2) Its composition and jurisdiction shall be determined by an organic act.
Article 85 [Alteration
of this Title]
(1) Notwithstanding the procedure provided for in Article 89, the
provisions of this title that concern the functioning of the common
institutions shall be amendable by identically worded acts passed by the
Parliament of the Republic and the Senate of the Community.
(2) The provisions of this title may also be amended by agreements concluded
between all the States of the Community; the new provisions shall be brought
into force under the conditions required by the Constitution of each State.
Article 86 [Change of
Status]
(1) A change of status of a member State of the Community may be requested,
either by the Republic, or by resolution of the legislative Assembly of the
State concerned, confirmed by a local referendum organized and supervised by
the Community institutions. The terms and conditions of such a change shall
be determined by agreement approved by the Parliament of the Republic and the
legislative Assembly concerned.
(2) In the same manner, a member State of the Community may become
independent. It shall thereby cease to belong to the Community.
(3) A member State of the Community may also, by agreement, become
independent without thereby ceasing to belong to the Community.
(4) An independent State outside the Community may, by agreement, join the
Community without ceasing to be independent.
(5) The position of these States within the Community shall be determined by
agreements concluded to that end, in particular those referred to in the
preceding paragraphs and, where applicable, those provided for in the second
paragraph of Article 85.
Article 87
[Parliamentary Approval]
The special agreements concluded in implementation of this title shall be
approved by the Parliament of the Republic and the legislative Assembly
concerned.
Title XIII Agreements
of Association
Article 88 [Association
of Other States]
The Republic or the Community may make agreements with States that wish to
associate themselves with the Community in order to develop their
civilizations.
Title XIV Amendment
Article 89 [Special
Procedures]
(1) The initiative for amending the Constitution shall belong
both to the President of the Republic on the proposal of the Prime Minister
and to the members of Parliament.
(2) A Government or private member's bill for amendment must be passed by the
two Assemblies in identical terms. The amendment shall become definitive
after approval by referendum.
(3) Nevertheless, the proposed amendment shall not be submitted to a
referendum when the President of the Republic decides to submit it to Parliament
convened in Congress; in this case, the proposed amendment shall be approved
only if it is accepted by a three-fifths majority of the votes cast. The
Bureau of the Congress shall be that of the National Assembly.
(4) No amendment procedure may be undertaken or followed when the integrity
of the territory is in jeopardy.
(5) The republican form of government shall not be subject to amendment.
Title XV Transitional
Provisions
Article 90 [New
Parliament]
(1) The ordinary session of Parliament is suspended. The mandate of the
members of the present National Assembly shall expire on the day that the
Assembly elected under this Constitution convenes.
(2) Until that day, the Government alone shall have the authority to convene
Parliament.
(3) The mandate of the members of the Assembly of the French Union shall
expire at the same time as the mandate of the members of the present National
Assembly.
Article 91 [Other
Institutions and Offices]
(1) The institutions of the Republic provided for by this Constitution shall
be established within four months after its promulgation.
(2) This time limit shall be extended to six months for the Community
institutions.
(3) The powers of the President of the Republic now in office shall expire
only when the results of the election provided for in Articles 6 and 7 of this
Constitution are proclaimed.
(4) The member States of the Community shall participate in this first
election under the conditions deriving from their status on the date of
promulgation of the Constitution.
(5) The established authorities shall continue to perform their functions in
these States in accordance with the legislation and regulations applicable at
the time of entry into force of the Constitution, until the authorities
provided for by their new regimes are set up.
(6) Until it is definitively constituted, the Senate shall consist of the
present members of the Conseil de la Republique. The organic acts that will determine the
definitive composition of the Senate must be passed before July 31, 1959.
(7) The powers conferred on the Constitutional Council by Articles 58 and 59
of the Constitution shall be exercised, until this Council has been set up,
by a committee composed of the Vice President of the Conseil
d'Etat, as Chairman, the Presiding Judge of the
Cour de Cassation, and the Presiding
Judge of the Cour des Comptes.
(8) The peoples of the member States of the Community shall continue to be
represented in Parliament until the measures required to implement Title XII have
been put into effect.
Article 92
[Establishment by Special Ordinances]
(1) The legislative measures necessary for the setting up of the institutions
and, until they are set up, for the functioning of the governmental
authorities, shall be taken by the Council of Ministers, after consultation
with the Conseil d'Etat,
in the form of ordinances having legislative force.
(2) During the period laid down in Article 91 (1), the
Government shall be authorized to determine, by ordinances having legislative
force and passed in the same way, the electoral system of the Assemblies
provided for by the Constitution.
(3) During the same period and under the same conditions, the Government may
also, on all matters, take the measures it deems necessary for the life of
the nation, the protection of citizens or the safeguarding of liberties.
©
1994 - 7. Jan. 2004 / For
corrections please contact A. Tschentscher.
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