France is a country located in Western Europe and is bordered with the countries of Belgium, Luxembourg, Germany, Switzerland, Italy, Monaco, Andorra and Spain and has coasts along the English Channel, Celtic Sea and Bay of Biscay on one side and the Mediterranean Sea on the other side, where a large island called Corsica can be found which is part of France and its largest island. The country’s capital is Paris and is located in north-central France. Being that France was once a large empire it has a number of remaining overseas territories, many of which are small islands.
Back in the Iron Age the area that is France was inhabited by a collection of Celtic tribes known as the Gauls and in 51 BC the area was annexed by the Romans and it became Roman Gaul and developed a Gallo-Roman culture. Germanic Franks arrived in the area in 476 and the Kingdom of Francia was formed and eventually became the Carolingian Empire. The Empire was partitioned into three areas in 843 by the Treaty of Verdun as a result of the Carolingian civil war and the resulting Kingdom of West Francia would become the Kingdom of France in 987.
Much of the High Middle Ages saw France as a highly decentralized feudal Kingdom where the monarch’s power was of little influence. King Phillip Augustus styled himself as the first king of France, before that the monarchs had called themselves King of the Franks, Augustus strengthened the power of the monarchy and greatly expanded France’s borders through the defeat of rivals, France after this period emerged as one of Europe’s most powerful states. The mid-14th Century saw many conflicts in the Hundred Years’ War between French and English monarchs over the right to rule France of which the French were eventually successful. The Kingdom was not as successful in wars with Italy, Spain and the Holy Roman Empire that followed.
From the 16th Century onwards, the French would establish a Colonial Empire that would grow on to be the 2nd largest in the world (behind the British Empire) and one of the most powerful Empires of all time. Also, during the 16th Century religious wars between Catholics and Protestants weakened France. France would recover in the 17th Century under Louis XIV after the Thirty Years’ War where it once again becomes a dominant cultural, military and political power in Europe.
Soon though France would begin facing problems from its own people through political and social upheaval that resulted from numerous factors such as the realms debt, flawed financial model and taxation system and many costly wars including the Seven Years’ War and the American War of Independence. The resulting French Revolution in 1789 led to the fall of absolute monarchy in France and the establishment of the French Republic.
In the 19th Century Napoleon Bonaparte would lead a number of wars to establish French hegemony across much of Europe leading to the establishment of the First French Empire and the fall of the First Republic after Napoleon became Emperor of France, this all lead to numerous coalitions of states being formed by the British and other regional powers against the French, all of which is part of the Napoleonic Wars where Napoleon made staggering gains not only in Europe but in other parts of the world as well, such as the Middle East. It took seven coalitions to fully defeat Napoleon ending with the decisive Battle of Waterloo, after which led to the fall of the First French Empire. The Bourbon Restoration followed where absolute monarchy existed for a time before another revolution led to the creation of a short-lived Second Republic which ended after Napoleon III took power and established the Second French Empire.
The Franco-Prussian War led to the collapse of that Empire and then the establishment of the Third Republic which existed through World War I where France was victorious but collapsed during World War II when the country was invaded and occupied by Nazi Germany, although they allowed a part of France to govern itself as Vichy France where they also collaborated with the Nazis. The Allies through the D-Day landings ended the Nazi occupation and Vichy regime and after the war the Fourth Republic was established.
The Fourth Republic proved to be unstable and events of decolonization of the remnants of the colonial Empire and the crisis and wars related to it such as the Algerian War of Independence led to the collapse of the Fourth Republic in 1958 and the establishment of the Fifth Republic that exists to this day, through the 1960s many of the French colonial territories became independent.
I hope the above is good enough to get a very basic idea of France’s history, it is far more extensive than most other countries but that is what I expected as it has a long and complex history. The country’s official language is French, the largest religion is Roman Catholic with an extensive atheist minority. The country’s currency is the Euro. The country’s population is around about 67 million.
Government Type
France is a semi-presidential republic with a representative parliamentary system, there is a President who is Head of State and a Prime Minister who is Head of Government and there is a bicameral parliament that makes up the legislative government. Multiple Parties are allowed and must respect national sovereignty and democracy.
France is also a part of the European Union and so they elect a number of seats to the European Parliament.
The French President is also one of the Co-Princes of Andorra technically making him a monarch although it is widely ceremonial, you can read more about this on my post on Andorra’s system of government here.
The Executive Government
The President of France is the country’s Head of State and although the system is a semi-presidential republic with a Prime Minister, the President has reasonable powers and great influence at their disposal compared to many other Presidents of Europe who have much less power and influence under such systems. The President in France also does not have to be independent and is often part of a major political party, something which is also often not seen in such systems in Europe.
It is always the duty of the President to enforce and protect the constitution and enforce the rights of the population and to guarantee the independence, national sovereignty and territorial integrity of the country.
Presidential Absence
If the Presidency is vacant for any reason or if the constitutional council has ruled by absolute majority that the President is incapacitated then the duties of President are taken up by the President of the Senate (upper chamber of parliament) and if that person cannot then the duties are taken up by the Government, powers are more limited though such as not being able to organise referendums on important Government Bills and not being able to dissolve parliament.
If the vacancy is permanent or if the incapacity is declared as permanent by the constitutional council then new presidential elections are organised.
Presidential Duties and Powers
The President appoints the Prime Minister often from the largest political party or coalition who appears to have the most confidence of the lower chamber of parliament (National Assembly) members. The President also terminates the Prime Minister such as if they resign or if they lose a vote of confidence from the National Assembly.
The President appoints and removes members of government on advice of the Prime Minister. The President presides over the Council of Ministers and will sign the Ordinances and Decrees that have been deliberated on by them. The President as Commander-in-Chief of the country’s armed forces and as such presides over higher national defense councils and committees and makes appointments to civil and military posts of the state. Many appointments of posts and officials are done through the Council of Ministers. The President on a number of appointments may need to consult with the relevant Standing Committee of each House of Parliament, of which can prevent appointments if the sum of the negative votes is at least three fifths of votes from both committees (upper and lower house of parliament).
The President accredits ambassadors and envoys to foreign powers and foreign ambassadors and envoys are accredited to the President.
The President negotiates and ratifies treaties, many such treaties may require the consent of Parliament to come into effect. Treaties that include changing of territory require consent in a national referendum.
The President promulgates Acts passed by the parliament into law within fifteen days of it being passed and transmitted to the Government but the President can choose to send the act/bill back for a 2nd opinion if the President disagrees or sees constitutional fault with certain parts or all of the bill/act.
The President can organise a national referendum on important government bills that deals with organisation of public authorities, reforms relating to the economic or social policy of the Nation, public services contributing thereto or providing for authorization to ratify a treaty which may effect the functioning of the institutions. This referendum is proposed to the President either by the Government or a joint parliamentary motion from both parliamentary chambers.
For parliament the initiative for a referendum requires the support of one-fifth of parliament members supported by one-tenth of registered voters and will then be introduced as a Private Member’s Bill, an Institutional Act sets out a period for the two parliament chambers to consider the Bill, if this period elapses without consideration by the two parliamentary chambers, then the Bill will be submitted to a national referendum by the President.
After consultation with the Prime Ministers and the Presidents of the Houses of Parliament the President can dissolve the National Assembly and fresh elections will be organised. The National Assembly cannot be dissolved within a year of its election.
The President has the right to grant individual pardons.
If required under extraordinary circumstances the President has the power, after consultation with the Prime Minister, Presidents of the Houses of Parliament and with the Constitutional Council to declare Emergency Powers and Provisions which will allow the authorities to as swiftly as possible carry out their duties and resolve the grave situation. The Parliament sits as of right during this time and cannot be dissolved, the parliament will provide oversight during the time emergency provisions and powers are active.
After 30 days of emergency provisions/powers either the President of the National Assembly, President of the Senate or at least sixty National Assembly members or at least sixty Senate members can refer the matter to the Constitutional Council of whether such measures are still required. The Constitutional Council will notify publicly its decision. The Council can also launch an examination of emergency powers after 60-days or thereafter without having to be prompted.
If a State of Siege is decreed by the Council of Ministers it will last for 12-days where then the parliament must give its permission to extend.
Some of the President’s powers require a counter-signature by the Prime Minister or a Minister concerned for it to have effect. Such powers not requiring a counter-signature include appointment of Prime Minister, organisation of referendums on important Bills, dissolving the National Assembly, emergency powers/provisions, members appointed by the President to the Constitutional Council and the President referring bills to the Constitutional Council.
Constitutional Council and Judiciary
The Constitutional Council is comprised of nine members each of which have a 9-year non-renewable term, one-third of the membership is renewed every 3-years. Three members are appointed by the President, three by the President of the National Assembly, and the final three by the President of the Senate.
The President of the Constitutional Council (one of the members appointed by the President of the Republic) has a casting vote if there is a tie.
Ex-Presidents of France are ex-officio members of the Constitutional Council in addition to the 9-members.
The President guarantees judicial independence and is assisted by the High Council of the Judiciary, which has two sections, one for jurisdiction over judges and one for jurisdiction over public prosecutors, the President for the section with jurisdiction over judges will be the Chief President of the Court of Cassation, in addition its members include five judges, one public prosecutor, one councillor of state appointed by the Council of State, and one practicing lawyer, in addition to that six qualified and prominent citizens are also appointed who are not members of Parliament, the Judiciary or of the administration, two appointed by the President of the Republic, two by the President of the Senate and two by the President of the National Assembly.
The Section with jurisdiction over Public Prosecutors is presided over by the Chief Public Prosecutor of the Court of Cassation and its members include five public prosecutors, a judge, councillor of state, practicing lawyer and six qualified prominent citizens appointed in the same way.
Presidential Removal
The President can only be removed from office due to breach of duties which are patently incompatible with him continuing in office. Such a decision is made to remove the President on these grounds by Parliament convening as a High Court. Both Houses must agree by a vote of two-thirds to convening as a High Court and if so the President of the National Assembly will preside over it.
The High Court will vote by secret ballot to remove the President from office within one month, removal requires a two-thirds majority.
Prime Minister and Government
The Government which is headed by the Prime Minister is tasked with conducting the Nations governing policy. The Prime Minister and Government must maintain the confidence of the National Assembly to remain in power.
The Prime Ministers directs the actions of the Government and is responsible for the national defense. The Prime Minister has the duty of ensuring that legislation passed and promulgated is implemented. The Prime Minister has the power through the Council of Ministers to make regulations and appointments to civil and military posts. The Prime Minister gives advice to the President on appointment of Government members and Ministers and their termination. The Prime Minister can delegate certain of his powers to another Minister.
If needed the Prime Minister can deputize for the President in presiding over the higher councils of defense and committees. In exceptional cases the Prime Minister can also deputize for the President as chairman of a meeting of the Council of Ministers by virtue of express delegation of powers for a specific agenda.
Some instruments of the Prime Minister require counter-signature by a Minister concerned for the implementation of such to have effect.
Members of Government cannot also hold parliamentary office, any position of professional representation at national level, or any public employment or professional activity.
Ministers of Government usually run a ministry which focuses on a specific purpose for the running of the nation’s institutions and policy and regulation implementation related.
There is a Council of State apart of the Government which is to advise government on law and legal matters and also acts as the supreme court for administrative justice, its members are high-ranking legal advisors.
The Legislative Government
The parliament is bicameral and is made up of the National Assembly which is the lower house and the house that determines the confidence in Government and Prime Minister and then there is the Senate which is the upper house of parliament. It is the job of parliament to have legislation introduced to it and to debate on, amend, reject or pass such legislation. It is also the job of parliament to give oversight to the executive government.
In brief statutes or legislation determine rules around civic rights, fundamental guarantees of citizens for exercise of civil liberties; freedom and independence of media; obligations imposed for the purposes of national defense on citizens and property; nationality; determination of serious crime and other offenses and penalties they carry; criminal procedure; amnesty; setting up of new categories of courts and status of members of the judiciary; base, rates and methods of taxation; issuing of currency; rules around elections; setting up of categories of public legal entities; nationalization of companies and transfer of ownership of companies from private to public sector; general organisation of national defense; self-government of territorial communities and their powers and revenues; preservation of the environment; systems of ownership, property rights; Employment law and trade union law etc.
Both the Prime Minister and members of parliament themselves are able to introduce legislation. Government Bills are discussed in the Council of Ministers after consultation from the Council of State and are then tabled in one of the two houses of parliament.
Bills introduced to parliament are reviewed by a legislative committee in the relevant House.
Both Houses have a Conference of Presidents that decide on agenda and seeing that rules and Institutional Acts are followed, for example they may decide that introducing a Government Bill on to the agenda isn’t applicable with the Institutional Act and so reject it. If a disagreement on this comes about between the Government and relevant Conference of Presidents then either the Prime Minister or President of the relevant House will refer the matter to the Constitutional Council for decision.
Private Member’s Bills and amendments cannot result in either a diminution of public revenue or the creation or increase of any public expenditure.
Both Houses must agree on a common text of a bill and both pass the Bill for it to go to the President of the Republic to be signed into law. If both Houses come to a disagreement and it becomes impossible to pass either a Government or Private Member’s Bill after two readings by each House, or if the Government has decided to apply the accelerated procedure without opposition jointly from both Conferences of Presidents, after a single reading of the Bill by both Houses, then the Prime Minister (if it is a Government Bill) or the two Presidents of the Houses acting jointly (if the bill is private), may convene a joint-committee which will be composed of an equal number of members from each House, to propose a text on the provisions still under debate.
The text then agreed upon by the Joint-Committee can be introduced by the Government to the Parliament of which cannot be amended without consent of the Government. If on the other hand the Joint-Committee fails to agree on a common text, or if the text is still rejected by Parliament, the Government may then, after further reading by both Houses, ask the National Assembly to make a final decision. The National Assembly can either choose the Bill agreed on by the Joint-Committee or the last text passed by itself, if the bill is considered an Institutional Act then it requires an absolute majority in this instance.
Since Institutional Acts are organic legislation, they require review by the Constitutional Council before they are promulgated into law.
The National Assembly
The National Assembly can have no more than 577 members of which currently it has that number of members. The National Assembly represents French nationals including those living abroad. Although the National Assembly is the lower house it is considered the primary house due to its influence over Government and the dependence of Government on it to remain in power.
An extraordinary session can be called at the request of the Prime Minister or of at least a majority of the members of the National Assembly, to debate a specific agenda. These extraordinary sessions are opened and closed by Decree of the President of the Republic.
The President of the National Assembly is elected by its members after elections for the National Assembly have concluded and a session of parliament takes place. The President of the National Assembly and of the Senate regulate debate, make sure the parliamentary house rules are abided by and organise the agenda of the relevant house through a Conference of Presidents. The President also represents and speaks for their relevant house in matters.
Finance Bills and Social Security Finance Bills must always first be tabled in the National Assembly, if after 40-days (20-days if Social Security) the National Assembly fails to come to a decision on the first reading of a Finance or Social Security Finance Bill the Government and introduce it to the Senate instead for decision, then the usual procedure will follow for bills that cannot be agreed upon by both Houses. If these bills still fail to pass within 70-days (50-days if Social Security) the provisions of the said Finance or Social Security Finance Bill can be brought into force by Ordinance.
After deliberation with the Council of Ministers, the Prime Minister can make the Government’s program or a general policy statement an issue of a vote of confidence before the National Assembly.
The Prime Minister can do the same with Finance and Social Security Finance Bills and of which will be considered passed unless a motion of no-confidence is carried.
The National Assembly itself can also bring forth a motion of no-confidence against the Government which requires a signature of at least one-tenth of members for it to be introduced.
The Senate
The Senate can have no more than 348 members of which currently it has that number of members. Rather than political parties its members are organised into parliamentary groups which can either represent a political party or more often represent multiple parties with a common set of goals and values. The Senate represents territorial communities and French nationals living abroad.
Territorial communities are communes, departments and regions of France and also special-status communities and overseas territorial communities.
The President of the Senate is elected by its members after each partial renewal election of the Senate concludes.
Bills primarily dealing with the organisation of territorial communities must always first be tabled in the Senate.
Other Information
Although government members cannot be members of parliament, they still have access to both houses and can address either house whenever they request.
Declarations of war must be authorized by Parliament.
The Government must notify the Parliament of military intervention abroad and detail its objectives which may lead to debate but no vote, when military intervention lasts longer than 4-months then the Government must submit an extension of the military intervention for authorization, the Government can choose for the National Assembly to make the final definitive decision.
In order to implement its program, the Government may ask Parliament for authorization, for a limited period, to take measures by Ordinance (which would normally be preserved as statute law) within the Council of Ministers, after consultation with the Council of State. They will come into force but eventually lapse if the Parliament does not ratify them by the date set by the Enabling Act.
During two weeks of parliamentary sittings out of four, priority is given, in the order determined by Government, to consideration of texts and debates which it requests to be included in the agenda.
During one week of parliamentary sittings out of four, priority is given, out of the order determined by each House, to the monitoring of Government action and to assess public policies.
One day of parliamentary sitting per month is given over to an agenda which is determined by each House upon initiative of the opposition groups in the relevant House, as well as upon that of the minority groups.
During at least one parliamentary sitting per week, including during extraordinary sittings, priority is given to questions of members and to answers of the Government.
Committee of Inquiry can be set-up in either House by Statute, these committees will then investigate related to Government oversight.
The Electoral System
Presidential elections happen every 5-years and uses a two-round absolute majority system where to win in the first round a candidate requires an absolute majority of the votes cast, otherwise a 2nd round is held between the top two candidates which is won by simple majority.
Elections for the National Assembly are held every 5-years, 556 of the members are elected by France, 10 by overseas departments, and 11 by French nationals living abroad. Members are directly elected using a two-round absolute majority system from single-seat constituencies.
Prime Minister is appointed by the President of the Republic from the largest party or coalition on who appears to have the confidence of the National Assembly after National Assembly elections.
Senate elections are held every 3-years to renew one-half of the membership, members are elected to 6-year terms. 328 members are elected from within France and other overseas departments and regions, 8 further members elected by other overseas communities and 12 elected for French nationals living abroad. The members are indirectly elected by electoral colleges either using a 2-round absolute majority system in departments with 1-3 members or a proportional representation system in departments with 4 or more members.
Sources
The source for this blogpost comes from France’s 1958 constitution with amendments through to 2008 (constituteproject.org) and so should be as accurate as possible but of course there is a chance I may have misinterpreted some things or missed other important things and also the constitution can be changed as well and so it is important to cross-research if you are using this in a serious capacity.
Amendments to the constitution are proposed by the President of the Republic on recommendation from the Prime Minister or Parliament or can be directly proposed by Parliament. Proposals by parliament members require passing in both Houses and then approval in a national referendum. Proposals by the Government can avoid a national referendum if submitted by the President to parliament and it is passed by at least a three-fifths majority in the National Assembly.
And with that behemoth done next up we will be moving on to Gabon’s system of Government as we start the G countries.
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