Motion of censure

See also: Censure (homonymy)

The motion of censure is a weapon of the Parlement in the parliamentary modes in order to force the Gouvernement to resign.

The motion of censure must be often presented by a fraction precise of deputies (often at least a tenth) and adopted in the majority absolute of the members constituting the room (certain countries envisage even two thirds of the voices).

The motion of censure is a means of expressing with the Government the fact that it does not have any more the confidence which had enabled him to act until there. In this case, it must resign.

In certain countries, the system is known as of " constructive Motion of censure ". In light, motion must envisage the name of a substitute to the Head of government reversed. It is the case of the Germany, the Spain and the Belgium.

Other countries envisage the principle of the " double censure". The adoption of a motion of censure involves the dissolution of the room, which can slow down the heats of certain deputies.

However, logic wants that the censure with the Government involves anticipated elections, the crisis between the executive and the legislature which can be distinct only by the voters.

France

See also: Article 49 of the Constitution of the fifth French Republic

In France, under the V° Republic, it is the article 49 al. 2 of the Constitution which installs this mechanism. The motion of censure must be presented by a tenth at least of the deputies and is adopted only in the majority of the National Assembly. Until now only one motion of censure was adopted on October 5th 1962 reversing the first government Pompidou following the decision of the de Gaulle General to institute by the way of the Referendum of article 11 of the Constitution the election of the President of the Republic by the universal direct suffrage. Following this censure, the National Assembly was dissolved

The motion of censure can also answer the engagement of the responsibility for the government on a text (Article 49 al. 3 of the Constitution). This mechanism of “caused motion of censure” makes it possible the government to make adopt a text without vote by the National Assembly since this one does not reverse the government by a motion of censure deposited and adopted under the conditions defined higher. No government was reversed within this framework.

Let us note that the government not being responsible in front of the Sénat, neither one nor the other of these mechanisms are usable there. The Prime Minister can however ask for the approval of a declaration of general policy, without a negative vote not being able juridically to force it. At the time of the first war of the Gulf, Michel Rocard obtained the approval of the Senate thus, however mainly on the right.

See too

External bonds

  • basic Text of the Belgian constitution
  • the motion of censure: true method of control? on the gate " life-publique.fr" , a service of French Documentation

Switzerland Motions are the texts of bills discussed by the parlmentaires before subjecting them by the popular vote.

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