Article 8 of the Constitution of the fifth French Republic

The article 8 of the Constitution of Ve République determines the capacities of the President of the Republic with regard to the Gouvernement and of sound Prime Minister.

Text

The President of the Republic names the Prime Minister. He puts an end to his functions on the presentation by this one of the resignation of the Government. On the proposal of the Prime Minister, it names the other members of the Government and puts an end to their functions.

Capacities of the President of the Republic

With regard to the Prime Minister

Nomination

The President of the Republic names the Prime Minister. It is about a discrétionnaire Pouvoir, which constitutes a Acte of government.

Resignation

The President of the Republic accepts the resignation of the Prime Minister and his Government. In theory, it is on handing-over of a resignation letter of this one that it can put an end to its functions. Nevertheless, according to Michel Jobert, the Général De Gaulle had for example a resignation letter in white of its Prime Ministers (only remains to fill the desired date of dismissal).

With regard to the Government

The President of the Republic names, on a proposal from the Prime Minister, the Government, and puts an end to his functions. In period of agreement of the majorities (presidential and legislative), this prerogative gives the last word to the President of the Republic; in period of opposition, the President of the Republic, bringing his counter-signature, has nevertheless a dependant competence.

Practice of the article

August 1st

See too

French Prime Minister

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