France

Question 1

General Features

Answer 1

• Moderately decentralised unitary state
• Power rests with Central government but it agrees that some power of administration should be devolved
• Decentralisation an decolonisation allowed under art.72&75 FC
• French decentralisation can be increased or decreased at the discretion of the legislator
• Split into departments

Question 2

Constitutional Review

Answer 2

• By the Constitutional Court

- Upon request of the Court de Cassation or the Conseil d’État

Question 3

Constitutional Amendment

Answer 3

1. Both chambers of parliament must pass a proposal identical in terms by a simple vote
2. The proposal is submitted to a referendum
   
   Alternatively, if the proposal comes from the government and the President so orders, instead of a referendum it may be referred for discussion to a joint session of both parliamentary chambers, which may pass the amendment by a three-fifths majority of votes cast.

Question 4

Lower Chamber - Elections

Answer 4

National Assembly :

• 5 years
• 577 seats
• Each department is divided into electoral districts, and each district is represented by one parliamentarian.
• Absolute majority to win 1st round
• If no candidate wins an absolute majority in the 1st round, all candidates who have received votes corresponding to at least 12.5% of the number of registered voters in the 1st round move on to a 2nd round.

Question 5

Upper Chamber - Elections

Answer 5

Senate :

• Six years (1/2 every 3 years)
• 348 members (12 seats for expats)
• 150.000 electors (members of the National Assembly, the council of the region and the council members in the concerned department + 95% delegates depending on population size) - See Electoral Code

Question 6

Legislative Process

Answer 6

1. Power of initiative :
   - PM, NA and Senate
   - PM can choose the 1st chamber it will be sent to
   - Bill is sent to the Council of State, advisory body
2. Power of amendment :
   - Government and Parliament
   - Parliament is restricted by Art. 40 and 41
3. Bill goes back and forth until compromise is met (= nanette) in a joint committee (after 2 unsuccessful readings). If no compromise, bill failed.
4. If compromise, bill must be approved by both chambers
5. If no compromise, National Assembly can override Senate
6. Bill is signed by president unless :
   - Can ask for reconsideration
   - Can ask the Constitutional Council to review the bill

Question 7

Constitutional Review

Answer 7

Constitutional Council :

• 9 members (3 by President, 3 by Senate President, 3 by AN President)
• 9 years (only once), 3 every 3 years
• Both concrete and abstract
• On request of each of 3 president or 60 members of Senate of NA
• Or by lower courts if proportional

Question 8

Head of State - Powers

Answer 8

President

• Can be impeached by 2/3 majority in Parliament
• Impeachment decided by the High Court
• Represents France abroad
• Signs international treaties
• Grants pardons
• Appoint Prime Minister
• Presides Council of Ministers
• Commander in chief of the armed forces
• Can dissolve National Assembly

Question 9

Ministerial Accountability

Answer 9

Motion of censure by the National Assembly :

1. 1/10 of members
2. 48 hours cooling off
3. Voted by absolute majority
4. President can then choose to appoint new PM or to dissolve NA

Question 10

Court System

Answer 10

• Administrative courts and ordinary courts

- Judges appointed by President

Question 11

Monist or Dualist ?

Answer 11

Monist!