constitutional and Parliamentary Information The parliamentary systems off France and Denmark 3rd Series - No. 169 1st Half-year 1995 INTER-PARLIAMENTARY UNION Aims The Inter-Parliamentary Union whose international Statute is outlined in a Headquarters Agreement drawn up with the Swiss federal authorities, is the only world-wide organization of Parliaments. The aim of the Inter-Parliamentary Union is to promote personal contacts between mem- bers of all Parliaments and to unite them in common action to secure and maintain the full participation of their respective States in the firm establishment and development of repre- sentative institutions and in the advancement of the work of international peace and co- operation, particularly by supporting the objectives of the United Nations. In pursuance of this objective, the Union makes known its views on all international problems suitable for settlement by parliamentary action and puts forward suggestions for the development of parliamentary assemblies so as to improve the working of those institutions and increase their prestige. Membership of the Union (May 1995) Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cape Verde, Central African Republic, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'lvoire, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, Former Yugoslav Republic of Macedonia, France, Gabon, Germany, Ghana, Greece, Guatemala, Hungary, Iceland, India, Indorjesia, Iran (Islamic Republic of)> Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Korea (Dem. P. R. of), Korea (Rep of), Kuwait, Laos, Latvia, Lebanon, Liberia, Libya, Lithuania, Luxembourg, Malawi, Malaysia, Mali, Malta, Marshall Islands, Mauritania, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russia, Rwanda, San Marino, Senegal, Singapore, Slovak Republik, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tanzania, Thailand, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Associated members: Andean Parliament, Latin American Parliament, Parliamentary Assembly of the Council of Europe. Structure The organs of the Union are: 1. The Inter-Parliamentary Conference which meets twice a year. 2. The Inter-Parliamentary Council, composed of two members from each affiliated Group. President: Mr. A. F. Sorour (Egypt). 3. The Executive Committee, composed of twelve members elected by the Conference, as well as of the Council President acting as ex officio President. At present, it has the following composition: President: Mr. A. F. Sorour (Egypt). Members: Mrs. H. Castillo de Lopez-Acosta (Venezuela); T. S. Darsoyo (Indonesia); M. J. Essaid (Morocco); L. Fischer (Germany); V. Furubjelke (Sweden); G. Haarde (Iceland); W. Hiraizumi (Japan); Mrs. F. K6fi (Tunisia); S. Paez Verdugo (Chile); M. C. Sata (Zambia); M. Szuros (Hungary); Z. Thaler (Slovenia). 4. Secretariat of the Union, which is the international secretariat of the Organization, the headquarters being located at: Place du Petit-Saconnex, CP 438, 1211 Geneva, Switzerland. Secretary general: Mr. Pierre Cornillon. Official publication The Union's official organ is the Inter-Parliamentary Bulletin, which appears quarterly in both English and French. This publication is indispensable in keeping posted on the activities of the Organization. Subscription can be placed with the Union's Secretariat in Geneva. Constitutional and Parliamentary Information Association of Secretaries General of Parliaments 3rd Series - No. 16911st Half-year -1995 Forty -fifth year Contents I. The Parliamentary system off France 1. Paper on the Parliamentary system of France, March 1994 3 2. Extracts from the Minutes of the Paris session, March 1994 44 II. The Parliamentary system of Denmark 1. Paper on the Parliamentary system of Denmark, September 1994 56 2. Extracts from the Minutes of the Copenhagen session, September 1994 81 III. Parliament and Refferendums 1. Introductory note by Mr Mohammed Idrissi Kaitouni, Secretary General of the National Assembly of Morocco, October 1991 88 2. Topical discussion: extract from the Minutes of the Yaounde session, April 1992 93 The Parliamentary system of France I. The Parliamentary system of France Paper on the Parliamentary system of France, March 1994 Introduction The contemporary period for French political institutions begins with the revolution of 1789. Since this date, a large number of draft Constitutions have been drawn up, 18 of which have come into force. France has alternated between monarchies, Empires and Republics. Leaving to one side the period of the Second World War, the regime has been continuously Republican since 1870 and has seen three principal Constitu- tions: that of 1875 for the IIIrd Republic, that of 1946 for the IVlh Republic and the current Constitution, that of the VIh Republic, which was promulgated on 4th October 1958. The Constitution of the Vth Republic is based on the principle of separation of powers and distinguishes clearly between the Executive and the Legislative. The judicial authority is equally recognised as independent but it is the head of State, the head of the Executive, who is the guarantor of this independence. Before discussing the Legislature, which is the subject of this document, it is worth describing briefly the organisation of the Executive power and the system of political parties. The Executive in France is of a dual type, comprising the President of the Republic and the Government. The President of the Republic, in accordance with the Constitution, is elected on the basis of direct universal suffrage for a period of seven years. The Constitution provides no means of challenging his political responsi- bility. The role of the President of the Republic in French institutions is funda- mental. Constitutional and Parliamentary Information In effect the President of the Republic oversees respect for the Constitution and guarantees by his direction the proper functioning of the public powers as well as the continuity of the state. It is he who appoints the Prime Minister and the Members of the Government. Furthermore, he presides over the Council of Ministers and fixes their agenda in agreement with the Prime Minister, signs legislative measures agreed by the Council of Ministers, makes civil and military state appointments, and exercises a number of prerogatives in the diplomatic field and in respect of national defence (he is the head of the Armed Forces) as well as in the judicial field (he has a prerogative of mercy). In times of crisis article 16 of the Constitution allows him to take all measures required to restore the situation. He nominates three out of nine Members of the Consti- tutional Council, including its President. He can refer laws passed by Parlia- ment to the Constitutional Council, before their promulgation. As the principle of separation of powers forbids him access to the Parlia- ment, the President of the Republic communicates with parliament by messages which are read. These can give rise to no debate, so as to avoid all risk of political censure. Finally, the President of the Republic can pronounce the dissolution of the National Assembly after consultation with the Prime Minister and the Presi- dents of the two Houses. He can also submit to referendum certain Government bills on the proposition of the Government or of the Assemblies. From the conditions of his election and his powers, the President of the Republic appears as the keystone of the French parliamentary system. It should, however, be noted that with the exception of his powers of appointment of the Prime Minister, of referendum, of dissolution, and of messages, and his powers relative to the Constitutional Council, all the acts of the President of the Republic are countersigned by the Prime Minister and sometimes by a Minister. The current President of the Republic is Mr Francois Mitterrand. He was elected in May 1981 for the first time and re-elected in May 1988. The Government comprises the Prime Minister, the Ministers and, as the need arises, the Secretaries of State. The Prime Minister is appointed by the President of the Republic. The Ministers and the Secretaries of State are appointed by the President of the Republic on the proposition of the Prime Minister. It is the Government which determines and conducts the policies of the nation. Its actions are directed by the Prime Minister. The Parliamentary system of France In legislative matters, the Prime Minister has a power of initiative for the presentation of Bills. His proposed Bills are submitted to the Council of State for an opinion before being considered by the Council of Minsters. The Prime Minister and the Government, once appointed by the President of the Republic, do not require confirmation by the National Assembly. They must, nevertheless, possess the confidence of the Assembly since the Assembly can overturn the Government, either by a motion of censure, or by refusing to place its confidence in the Government