Miloš Brunclík . Since 1789 modern constitutional/political developments . Constitutional engineering and constitutions by design . About 16 constitutional texts . 1875-1958 parliamentary system . 1958 semi-presidential system . 1791 constitutional monarchy . 1792 1st republic . 1830 parliamentary monarchy . 1848 2nd republic . 1875 3rd republic . 1946 4th republic . 1958 5th republic . 1958 Constitution . and Michel Debré . Reflects: . failures of parliamentary system . Declining French power in international politics . De Gaulle‘s vision of the Great

. Ratified in the referendum (79 %) . 1962 direct election .Title 1: sovereignty .Title 2: president .Title 3: government .Title 4: parliament .Strong executive . President . Government .Direct democracy . Referenda . army officer and statesman . Leader of anti-Nazi overseas resistance Free French . Gaullism: political movement . Charismatic leader . National prestige and French „greatness“ . Independence in international politics . Effectiveness of political system . Bayeux speech 1946 . President = chief executive 1890-1970 . Our Constitution is both parliamentary and presidential, to the extent that both the needs of our balance and the features of our character command” (Charles de Gaulle during a press conference in April 1961) . Source of power . Constitutional setting . Personality of the president . Configuration of party system . President‘s relation to parties . Two major powers: . Independent powers . Shared powers .Appoint PM .Not obliged to respect parliamentary majority .Negative rules of GF .PM selects ministers - in fact selected by the President De jure X de facto power:

Constitution: • government accountable only to the National Assembly Constitutional convention: • PM may hardly stay in office if he lacks president‘s support • → PM resigns „voluntarily“, if presidents asks him to do so Minor restrictions

• after consulting PM and the Presidents of the Houses of Parliament • Only once a year • May not be used during the exercise of emergency powers (art. 16)

Importance

• resides in the existence of the power, not in the actual usage . 1962: NCV in G. Pompidou‘s cabinet . Controversy over constitutional referendum . De Gaulle dissolved NA, Popmidou re-appointed after Gaullists took victory in NA elections

. 1968: society crisis and civil unrest . 1981 and 1988 Francois Mitterrand . 1997 Chirac tried to get rid of unpopular Alain Juppé •on a recommendation from the Government or on a joint motion of the Referendum power two Houses •submit to a referendum any Government Bill which deals with the art. 11 organization of the public authorities

•Constitutional issues Referendum power •on the recommendation of the Prime Minister, and Members of Parliament alike art 89 •First approval in the both houses

Right to appeal to the •60 MPs, 60 Senators, and presidents of both houses individually Constitutonal Council

Communication with •messages to the Parliament (read aloud and not give rise to any debate) the Parliament (art. •take the floor before Parliament convened (debate allowed) 18) . Art. 5 . ensure due respect for the Constitution . ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the State . the guarantor of national independence, territorial integrity and due respect for Treaties

. Art. 16 . Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfillment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the Houses of Parliament and the Constitutional Council . Usage: 1961 (Algiers putchs), 1984 (New Caledonia), 2005 (civil unrest), 2015-7 (Paris attacks Jacques Chaban-Delmas X de Gaulle

Areas exclusively reserved for the president

Key questions of the state (art. 5)

Defense, foreign policy Commander-in-Chief of the Armed Forces Domestic crisis (art. 15) French Community Appoint and recall De facto: independent power Traditional strong influence on ministers on PM‘s minsiters of defence, foreign proposal affairs, finance and interior

President has right to reject However: cohabitation PM‘s nominees .Signs governmental decrees . Original expectation: duty . 1986 Mitterrand opposed to Chirac‘s government decree on privatization .Appointment of high officials, prefects . Foreign policy . Concluding international treaties . Commander-in-chief . Armed forces intervention abroad (art. 35) . By government . Necessary to inform the Parliament in 3 days . If longer than 4 months, NA authorization necessary . 1848 direct presidential election . Republican tradition: indirect election . Survived even the 1958 constitution (only until 1962) . Electoral college: about 80 000 members . MPs . Councilors and delegates of municipal councils . Goal: to undermine influence of parties 1962 de Gaulle‘s reform

• Constitutonal referendum • 7 years term

2000 change: 5-year term

Max. two consecutive terms (art. 6) Art. 67 and 68

cannot be requested to testify before any In general: president jurisdiction enjoys immunity during his term cannot be prosecuted

Imunity – suspended only prosecutions can be restarted after he leaves during his term office

Impeachement only in high treason, high crimes, breach of duties exceptional cases

convened from both houses of Parliament on the Republican High Court proposal of either House . PM resigns with the end of the presidential term . 2017 case: Bernard Cazeneuve

. PM resigns if president asks him to do so

. President has free hand in selecting ministers

. Government is convened as the Council of Minister – presided over by the president

. Presidential elections takes place earlier than the parliamentary elections . Traditional instrument of French republics and monarchies . Sometimes a tool in the hands of dictators . 3rd republic – very rare . Ch. de Gaulle: referendum as a test of people‘s trust in him De Gaulle‘s era:

• Referendum – to uphold president‘s legitimacy • Key policy questions submitted to referendum • If referendum rejected, president resigns • 1969 voters rejected de Gaulle‘s reform of Senate and decentralization

De Gaulle‘s successors

• Mitterrand and Chirac explicitly rejected the referendum as a confidence issue • Legitimacy verified with elections (5 – year term) Government and parliament chambers Initiative President – referendum on a passed bill

Called by the President

Parliamentary approval needed in most cases . PM + ministers . Art. 20: government determines and conduct the policy of the Nation . at its disposal the civil service and the armed forces . accountable to Parliament . Narrower body . Presided over by the President . meets on a weekly basis usually on Wednesdays . agenda decided jointly by President and PM Constitutional accountability – to NA

Political accountability - to the President

Dismissed PMs: often presidential candidates

• Pompidou (1968) • Chaban-Delmas (1972) • Rocard (1991) Negative rules in Presumption of government formation confidence

No-confidence vote by absolute majority Government may ask for confidence connected with:

• Government programme and general policy statement • Finance Bill and Social Security Financing • Yet another Government or Private Members' Bill per session • →the Bill passed unless NA passes successful NCV

Importance and purpose:

• Government stronger • Solidify government‘s camp in NA . National Assembly . Senate (348) (577) . Indirectly elected . Directly elected . Representation of territorial communities . 5 years . 6 years . Stronger role . NCV . May override Senate . TRS electoral system issue the official results supervision of elections and ensure proper conduct and fairness see that campaign spending limits are referendums adhered to can declare an election to be invalid

can declare laws to be contrary to the interpretation of the constitution Constitution, international treaties, Declaration of the Rights of Man

Assess organic bills (fundamentally affect government, need to be assessed by the Council treaties and parliamentary before they are considered ratified procedures) 9-year non-renewable term of office

9 + ? members

• 3 appointed by the President • 3 appointed by President of the National Assembly • 3 appointed by the President of the Senate • former Presidents of the Republic ex officio life members President of the Council appointed by the President • casting vote in the event of a tie . Two centuries long tradition of anti-party sentiments . J. J. Rousseau rejected the idea of parties . Le Chapelier Law 1791 . banned associations, trade unions, as well as the right to strike . De Gaulle . The country became a spoil of the parties . Parties erode the direct contact of people and state . 1958 constitution – first mention of parties . Art. 4: „Political parties and groups shall contribute to the exercise of suffrage“ . Stable ideologies, policies and figures . Unstable party organizations and their low durability . Bipolar multipartism . Two major blocks of parties 1. Left : socialists and communists (or radical left) 2. Right: various right-wing, gaullist parties . Change: 2017 En Marche ! . Broad centrist-movement