5threp articles final

5

The President will respect the constitution, and will ensure the functioning of public authorities. Guarantor of independence, territorial integrity, and respect for treaties

8

The President is compelled to appoint the leader of the political party with the most seats in the national assembly to be the prime minister

11

Referendum from the will of the people, the president can call it and the CC can't change the results of it.

12

The dissolution of the national assembly on recommendation of the government, within 1 year of each other. There is also the risk that if they do it too much, there are political rather than legal sanctions

16

For triggering emergency powers, a core power for the president. The Conseil Consittitionnel has to be informed, but they can't do anything about it

18

Letters of communication, for the French president to take the floor in front of parliament. Used to be prohibited from separation of powers, but now seen as necessary

19

Some things need to be countersigned by the Prime Minister and other ministers involved.

20

The government conducts policy for the nation, in charge of civil service and armed forces. Accountable to parliament (49 and 50)

21

Prime minister directs the government, national defense, and delegates power to ministers, chairman of the council when needed.

22

PM actions need to be countersigned by ministers in charge of their implementation.

23

Cannot be in the government and parliament, or a representative, or public employment. Institutional act determines how the holders of office are to be replaced, with provisions of article 25

24

General description of parliament: 1) passes statues 2) monitors government 3) assesses public policy. Made of Senate and NA, says numbers for each.

34

Lists in a laundry-list style all of the things that statutes determine, the rest is left up to regulation, this limitation is new to 5th republic.

34-1

Must adopt resolutions as per conditions determined by an institutional act, not to be an issue of confidence in the government so that there is not maximum pressure on the government

35

Declarations of war must be authorized by parliament 3 days before the intervention and gain approval (NA has final say) after 4 months, rarely used.

36

State of siege: decreed in the council of ministers, with 12 days extensions solely by parliament.

39

Government bills discussed in the council of ministers after the council of state, before going to congress

40

Private members bills are not admissible when they would diminish public revenue or increase expenditure.

41

If during the legislative process a private member bill bill has violated the process as per article 38, it may be declared inadmissible, if they cannot agree the CC will rule within 8 days.

42

A) discussion in parliament first goes concerning the text, then concerning any committee amendments *

43

Government and private member bills referred to standing committees, 8 in each house. At the request of the government or house a special committee can be set up to hear a bill.

44

The members of parliament and government has the right to amend bills

44-3

Blocked vote: if the government request, the house can proceed to vote on the whole bill together, which suppresses the ability to cherry-pick article by article

45

Government bill or private member bill continues when the same version is passed in both houses and if urgent, the prime minister convenes a joint committee

47

The Auditing court assists parliament in monitoring the government: determines whether or not the budget was spent wisely, implementation of finance and social security acts and public policy. Publishes public reports to inform citizens around feb/march, providing a true assessment of the management

48

2/4 weeks priority shall be given to consideration of texts for the agenda in parliament, in 1 week priority is given to the monitoring of government action, 1 day goes to agenda determined by each house on the initiative of opposition groups. But finance, social security, state of emergency bills have priority to be on the agenda.

49

Paragraph 1- used by the prime minister upon taking office and presenting the government's agenda to seek a vote of confidence. Paragraph 2 and 3- the votes for a vote of confidence for a prime minister are counted differently than the conventional way, no-show ballots are assumed to back the government, making it less risky for a prime minister

49-3

The PM makes the passing of a bill a vote of confidence before the national assembly, must be signed by 1/10 of the members and majority of MPs, can still used in front of minority government because of 2008 amendment

50-1

The government can declare an issue on a subject and put it to debate without making it an issue of confidence, so that they can have expression on a given topic without risk or legal effect. Ex. during second wave of covid-19

54

For referral to the constitutional council, if the president thinks a treaty contains a clause contrary to the constitution

55

Treaties should be ratified through acts of parliament and prevail over acts of parliament because of the application to another party

56

For the president to appoint someone to the constitutional Council, one appointment every 3 years and terms of 9 years. Also gets to appoint the president of the council

58

How the conseil constitutionnel oversees elections, and announces the results of the vote.

61

For the president to have the CC check whether a statute just voted in is consistent with the constitutional block. Rare to do because if the president is head of the majority this looks like second-guessing your own party. Done by Hollande on anti-terror and Macron on state of emergency

64

The president of the republic is the guarantor of judicial independence, assisted by the high council, institutional acts determine judiciary status and judges cannot be removed.

68

Paragraph 1- members of the government shall be criminal liability for acts performed while holding office and classified as serious crimes for other offenses at the time, tried by the court of justice of the republic

69

The economic, social, and environmental council gives its opinion on bills, orginanves, decrees that are submitted to it

70

The economic, social, and environmental council can be consulted by the government or parliament at any time

88

France may enter into agreements with states who wish to sign treaties

88-1

France will be in the EU as per the TEU and the TFEU from the Lisbon treaty in 2007

89

Amending the constitution: either from government or parliament bill, passes both houses, and then either majority in referendum or ⅗ of congrés in Versailles