زیر مجموعه ها
قانون اساسی کشور فرانسه(انگلیسی)
اطلاعات بیشتر قانون | |||
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تصویب شده | قانون اساسی کشور ها | ||
تاریخ تصویب | 1357/11/22 | ||
شناسه | 39FF243E-018A-450A-88BC-B7D8BD3153AA | ||
وضعیت | منسوخ نشده |
France - Constitution
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{ 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 discharrrging 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-unionnn 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 objectttives 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 objecttt 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 havinggg 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 createeed 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 createee 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 execccutive 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 [execccutive Council]
(1) The execccutive 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 execccutive Council shall organize the cooperation of members of the
Community at government and administrative levels.
(3) The organization and procedure of the execccutive 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 unionnn 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 havinggg legislative
force.
(2) During the period laid down in Article 91 (1)٫ the Government shall be
authorized to determine٫ by ordinances havinggg 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.
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© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.