ConLaw - 5th French Republic Constitution

Article 8

The President of the Republic appoints the Prime Minister and, on the Prime Minister's proposal, appoints the other members of the Government and terminates their functions.

Article 9

The President presides over the Council of Ministers.

Article 10

The President promulgates acts of Parliament within fifteen days following their final adoption.

Article 11

President may, on a proposal from the Government during sessions of Parliament or on a joint proposal from both assemblies, submit to a referendum any government bill

Article 12

The President may declare the dissolution of the National Assembly.

Article 13

The President signs the ordinances and decrees deliberated upon in the Council of Ministers, and makes appointments to the civil and military offices of the State.

Article 14

The President accredits ambassadors and envoys extraordinary to foreign powers

Article 15

The President of the Republic is the Commander-in-Chief of the armed forces.

Article 16

Emergency powers of the President (after 30 days can be checked by Senate and/or NA)

Article 17

The President has the right to grant individual pardon

Article 19

Acts of the President of the Republic other than those provided for under articles 8 (first paragraph), 11, 12, 16, and 54 shall be counter-signed by the Prime Minister and, where required, by the ministers concerned.

Article 20

The Government shall determine and conduct the policy of the Nation. It shall have at its disposal the administration and the armed forces.

Article 21

The Prime Minister shall direct the action of the Government. He shall be responsible for national defense. He shall ensure the implementation of laws.

Article 23

The office of member of the Government shall be incompatible with the exercise of any parliamentary mandate

Article 24

Parliament shall comprise the National Assembly and the Senate. Parliament shall pass statutes. It shall monitor the action of the Government. It shall assess public policies.

Article 25

An organic law shall determine for each assembly the conditions under which persons are elected (laws that regulate how/why to make laws)

Article 49

Vote of confidence, vote of no-confidence, law passed as vote of confidence

Article 50

PM and his government must resign is the NA passes a motion of censure

Article 56

Appointment of CC members divided between President, President of NA and President of the Senate

Article 58

Constitutional Council shall rule on the proper conduct of the election of the President

Article 61

Acts of Parliament may be referred to the Constitutional Council, before their promulgation, by the President

Article 68

President of the Republic may be impeached only for acts performed in the exercise of his duties which are serious breaches of his obligations

Article 89

The President of the Republic, on the recommendation of the Prime Minister, and Members of Parliament alike shall have the right to initiate amendments to the Constitution

Reserved areas of the President

Articles 8.1, 11, 12, 16, 18, 54, 56, 61

Article 35

Declaration of war needs to be authorized by Parliament

Article 69

Role of Economic, Social & Environmental Council to give opinion on government bills when asked

Articles 88-1 to 88-4

New paragraphs in regards to the European Union (1992 amendment)

Article 34

Listed powers of Parliament (all else under prerogative of the executive)

Article 34-1

Houses of Parliament can adopt resolution in the limits of organic law

Article 44

Right of amendment + procedure of a block vote in paragraph 3

Article 47-2

The Court of Audit shall assist Parliament in monitoring Government action

Article 47-1

Special legislative procedure regarding Social Security Financing Bills

Article 48

Details agenda of Parliament (eg 1 day for the opposition, 1 week for monitoring the government)

Article 51-1

Special rights to the opposition as a recognized minority

Article 51-2

Creation of inquiry committees

Article 88-5

Referendum requirement for EU treaties can be bypassed by a motion adopted at 3/5th majority (2008 amendment)