National Assembly (France)

History

French revolution and First Empire

Birth

The first French, called National Assembly constituent National Assembly or more simply Constituent, was proclaimed with Versailles by the deputies of the Third-State, one month after the meeting of the General states, the June 17th 1789. She sat initially at the palate of the Archbishop's palace of Paris before settling with the adjacent Manège with the Palais of Tileries.

The deputies decide to work out a constitution limiting the capacities of the monarch. Sovereignty is exerted from now on via the representatives of the people.

The Constitutional monarchy

The legislative Parliament founded by the Constitution of 1791 (elaborate after the escape and the arrest in Varennes of the king the 20 and June 21st 1791), composed of 745 deputies elected for two years with the Vote censitaire and indirect (the voters of the “first degree”, also said “active” citizens, is all the men of more than 25 years paying a tax or taxable quota equal to the three day's works value; they elect the voters of the “second degree” who must be owners, tenants or farmers of a landed property or real whose income reaches a fixed amount and who elect in their turns the deputies), vote “decrees” (names given then to the legislative texts before they are officially promulgated by the king, becoming laws then) and the tax, fixes the budget of the State, ratifies the treaties and declares the wars. It always sits at the Manège. The king does not have any more but a suspensive Right to veto. The Parliament cannot be dissolved. The citizens not being able to vote, known as “passive” citizens, are between 2 and 3 million compared with 4,3 million voters of the “first degree” and a total population of approximately 24 million inhabitants. The Suffrage censitaire is then strongly criticized by the Club of the Jacobins which defended already the Vote for all. The only Parliament which was then elected was made up with right moderate dissidents of the Club of the Jacobins, favorable to a constitutional monarchy: the Club of Breaking into leaf the (of which the members oscillated between 160 and 264 deputies), with left by the 136 radical revolutionists favorable to a total weakening of the prerogatives of the king even to the establishment of a République. Those are divided between two tendencies: with the center-left, the the Gironde (republican moderate); with the extrème left, the mountain, in particular made up by the “populist” Club of the Jacobins and even more radical and more, the Club of Cordeliers. The center, composed of 345 various deputies will oscillate between the two tendencies, ending up giving its support for the left. A confrontation then begins between the legislative Assemblée and the king who refuses to be locked up in a simple constitutional role of spectator and thus uses his Right to veto on several occasions (in particular against the decree of the May 26th 1792 which decided the deportation of the “refractory” ecclesiastics to the civil Constitution of the clergy, or against the lifting of 20.000 federate in Paris, then involving a new rising in Paris the June 20th 1792 of the Sans-culotte S which invades the Tuileries to force the king to raise his veto). Finally, following proclamation sent by the duke from Brunswick in Paris the 1792 in the name of the emperor of Austria and of king de Prusse and appealing, under penalty of serious reprisals, revolutionists not to be caught some with the royal family, the legislative Parliament vote dismissal of the king and end of monarchy the August 10th, 1792. The first attempt to establish a constitutional monarchy failed, of a real separation and a good balance between the capacities.

The First Republic

After the fall of monarchy the August 10th, 1792, a new assembly elected with the Vote for all (in truth restricted, only the men of more than 21 years, residing in France since more than one year and living their incomes could vote) is founded, and takes the name of national Convention, or more simply Convention, following the example American freedom fighters a few years earlier. It is officially made up at the beginning of 782 deputies but, at one time when it is not easy to give up any community activity and to move towards the capital, the abstention is very strong and there was not seldom more than 350 sitting during the meetings. Are opposed to it at the origin the Girondins (approximately 160 elected officials, rather moderate, mainly resulting from the provincial middle-class attached to individual freedoms and being wary with regard to the Parisian population, do not wish to set up radical and exceptional measurements even if they are attached to the ideals of the Revolution) and the Montagnards (nearly 200, linking the most radical Jacobins, of which Maximilien de Robespierre which becomes their principal figure, and the Cordeliers, whose principal figure is Georges-Jacques Danton which wants to defend the Revolution at all costs and thus to set up the exceptional measures which are essential). Between the two, there is as under legislative center group, called flat, which dominates the assembly. Sitting initially always at the Horse-gear then, starting from the May 9th 1793, with the Palate of Tileries, it is charged to work out a republican constitution. The first, voted and promulgated the June 24th 1793 on the initiative of the Mountain, is known as Constitution of year I and devotes a mode of assembly where all the capacities are joined together between the hands of a Parliament monocaméral elected with the Vote for all direct the every years which has only the initiative of the laws and the vote, to accompany in that by the people which can express his voice by referendum. The executive, made up of a council of 24 members, does nothing but carry out the decisions of this Parliament without having any catch on it. However, in a context of war with the monarchical powers of Europe and the installation of the Terreur, the national Convention decides the August 10th 1793 that the application of this Constitution would be suspended until peace is restored, which did not arrive before the fall of the Montagnards and Robespierre. The Constitution of year I never will thus be applied.

The Directory

In September 1795, the Constitution of year III division legislative power between two rooms: the the Council of the Five hundred (which is the first French legislative room to see itself affecting the Palais Bourbon; however, for lack of an enough large room of the meetings to accommodate the 500 deputies, it sits in the Orangery of the Château of Saint-Cloud), who on the initiative of the laws, and the Conseil of Old the (250 members of at least 40 years which sat at the Palais of Tileries), which votes them and elects the Directors. These two rooms are elected for three years, renewable per third every year, with the Suffrage censitaire, and face the Directoire, executive power composed of five members or Directors. This mode, characterized by a strong political instability and a largely spread corruption, is put at bottom by the Coup d'etat of the 18 brumaire of the general Napoleon Bonaparte, the November 9th 1799 (18 brumaire An VIII). Starting from this date, and until in 1830 practically (even until in 1848), the legislative power is largely subordinated to the executive.

The Consulate

Napoleon Bonaparte works out then, with the Abbé Sieyès, the Constitution of year VIII, promulgated the 22 frimaire An VIII or December 15th 1799. It establishes the Consulat and devotes a personal mode to the profit of Bonaparte. The main part of the capacities returns this time to the executive made up of three Consuls named for ten years and indefinitely re-eligible by the Sénat, most important being the First consul (Napoleon Bonaparte) who proposes and promulgates the laws, names and revokes the ministers and civils servant and is not responsible in front of anybody. The two other consuls can deliver only their opinion. The executive is assisted if not by the Council of State (sitting initially at the Palais of Luxembourg with the Sénat then with the Palais of Tileries with the First consul), assembled legal purely technical named by the first consul starting from the national list of candidates chosen with the Vote for all male by the people. The legislature is thus strongly amputee of its principal prerogative, the initiative of the laws which is allocated to the first consul with the support of the Council of State, and is divided between a Tribunat (with the Palais Royal) of 100 members elected for 5 years (renewable by 1/5e every year) by the Sénat starting from the national list and which discusses the laws without voting them, of a legislative Body (with the Palais Bourbon) of 300 elected members in the same way as for the Tribunat and which votes the bills without discussing them to him, and the Sénat known as “conservative” (with the Palais of Luxembourg) who checks the constitutionality of the administrative acts and the laws, which elects the members of the legislative Body and the Tribunat starting from the national list as well as the judges of cassation and the police chiefs with accountancy. Composed of 80 members of at least 40 years of which 60 are named by the First consul and the 20 others are co-opted, the Sénat will have soon practically the initiative of the laws by writing legislative texts called Sénatus-consulte.

That of Thermidor 16 An X (August 3rd 1802) establishes the Constitution of year X which makes to Napoleon Bonaparte the First consul with life: he only names and without opinion the senators, can dissolve the legislative Body and the Tribunat, has the Right of reprieve, can sign only the treaties while the Vote for all is replaced by the Suffrage censitaire.

The First empire

Another organic Sénatus-consulte of the 28 floréal An XII (May 17th 1804) establishes the Constitution of year XII approved by Plébiscite the November 6th 1804 which organizes the First Empire starting from the existing institutions. On the plan of the legislature, the only difference remains that the capacity of the Senate is once again increased on the other rooms: two commissions are created in its center, first of all the commission of the individual freedom which is charged to examine the arbitrary arrests, and the commission of freedom of the press intended to supervise the abuses the Censure. But these commissions could only address opinions, without possible sanction, with the ministers.

Second Republic

The Second Republic being monocamérale, the National Assembly was the only legislative room. This National Assembly existed May 13rd 1849 with the December 2nd 1851, replacing the constituent Assembly elected by the male vote for all the April 23rd 1848. She is made up of 750 deputies, of at least 25 years, elected for three years by the direct male vote for all with proportional to the departmental list system. There will be only one legislature, the Parliament being elected the May 13rd 1849 and taking up duty officially the May 28th according to. It will be largely dominated by the Parti of the Order, conservative, of Adolphe Thiers which holds the absolute majority with 450 elected officials out of 750. One of the principal laws voted then will be the Loi Falloux March 15th 1850 which supports denominational private education. But the National Assembly, with the rather important capacities initially envisaged and completely independent of the executive (which cannot in particular dissolve it), loses little by little all her influence with the profit of the “prince chair” Louis-Napoleon Bonaparte and of the majority monarchists who prepare a new restoration. She will be finally dissolved by the president of the Republic at the time of sound Coup d'etat of December 2nd, 1851 and will be, after the promulgation of the Second Empire the December 2nd 1852, replaced by the legislative Body.

Second Empire

The legislative system of the Second Empire regains the shape of the First Empire, namely a Parliament divided into three rooms: the Council of State which writes the laws, the legislative Body which votes them and the Sénat which delivers its opinion by Sénatus-consulte the legislative Body elected to the Vote for all male direct for six years (it there had four legislatures, with elections in February 1852, in June 1857, the May 31st 1863 and in May 1869). Until 1869, the “official candidates” Bonapartists are practically sure to carry it and there is practically no pluralism. Moreover, only the members of the government have the initiative of the laws, the deputies of the legislative Body being limited to vote it. However, the relative victory in 1869 liberal, more democratic Bonapartists and parlementarists, involves the formation of a government primarily made up of members of this mobility the December 27th 1869 under the direction of the former republican Emile Olivier.

Third Republic (1871-1940)

Between the fall of the Second Empire and the advent of IIIe Republic, the Parliament monocaméral, with monarchist majority, is called National Assembly . Since the vote of the constitutional Laws of 1875 giving rise to the Third Republic (1875-1940), the name of National Assembly is given to the specific meeting of the House of Commons and the Sénat, meeting which had in particular the mission of electing the president of the Republic every 7 years and to revise the constitutional laws. The Chambre was elected according to the majority system for 4 years (between 520 and more than 600 deputies according to the legislatures). There were 17 legislature. It is truly whereas the practices republican parliamentarians start to be essential. The two hemicycles are then marked by agitated debates animated by large speakers: Leon Gambetta, Jules Ferry, Georges Clémenceau, Jean Jaurès, amongst other things. For a long time the concept of party and political group is absent from parliamentary organization (the first political groups are formed at the beginning of the XXe century), however the heteroclite whole of the Republicans is at the origin of a deep fractionation and one particularly short lifespan of the governments. The last meeting of the House of Commons was chaired by Edouard Herriot the July 9th 1940.

Provisional government (1944-1946)

For this period which goes from the Release to the implementation of the Constitution of 1946, there was only one room, the constituent National Assembly whose manpower was of 586 deputies.

First was elected the October 21st 1945. The socialist Felix Gouin chaired the First Parliament of the November 8th 1945 the January 30th 1946, then another Socialist, Vincent Auriol of the January 31st 1946 with the June 10th 1946. The manpower of the groups is the following (including the related ones): 159 Communists, 146 Socialists, 29 radicals, 42 UDSR, 150 MRP, 14 republicans independent, 39 republican Unit, 7 not registered.

The Constitution suggested by this assembly having been refused at the time of the Referendum of the May 5th 1946 by 53% of the voters, one second Parliament was elected the June 2nd 1946 which was chaired by Vincent Auriol June 14th the November 27th 1946. The constitution worked out by this second assembly was accepted the October 13rd with a large third of yes (9,263 million), a small third of not (8,144 million) and a third of abstentions (8,148 million voice). The manpower of the groups was the following (including the related ones): 153 Communists, 128 Socialists, 32 radicals, 20 UDSR, 166 MRP, 32 republicans independent, 35 PRL, 11 democratic Union of the Algerian proclamation, 9 not registered.

Fourth Republic (1946-1958)

The National Assembly is the Lower House whereas the Conseil of the Republic is the Upper House under the Fourth Republic; she holds the essence of the capacity, it is a parliamentary Régime. The electoral mode was the proportional one with the corrective measure of the political alliances as of 1951 (a group of lists collecting more than 50% of the voices in a department obtained all the seats). The number of deputies is of 627 (for explanations detailed on the way of voting, cf in particular the site of the National Assembly).

The first legislature, elected the November 10th 1946, is dominated by the Third force (calling with the constitution of a third French political voice between the principal opponents with the Fourth Republic: the Communist party French on the one hand and gaullists of the other, and trained of socialist SFIO , of MRP Christian-Democrat and of the Republican party, radical and radical socialist) after the departure of the communist of the government in May 1947. This first legislature lasted of the November 28th 1946 with the July 4th 1951. The manpower of the groups is following it to the beginning of the legislature (including the related ones): Communist 182, Socialist 102, radical 43, UDSR 26, MRP 173, Republican-Independent 29, Republican party of freedom (PRL) 38, groups Algerian 13, not registered 21.

The second legislature, resulting from the elections of the June 17th 1951, goes from the July 5th 1951 to the November 30th 1955. It leans on the right with a strong communist opposition and gaullist of 210 deputies on the whole. The National Assembly is dissolved the November 30th 1955 on the initiative of Edgar Faure. It should be noted that it is the first time that the Lower House of the Parliament is dissolved since 1877. The manpower of the groups is following it to the beginning of the legislature (including the related ones): 103 Communists, 107 Socialists, 74 radicals, 16 UDSR, 95 MRP, 121 RPF, 43 republican Center country and social action, 53 independent republicans, 10 not registered, 2 vacant seats in Overseas. Group RPF was divided after the vote of 27 of its deputies in favor of Antoine Pinay into 1952 between URAS gaullist, and dissenting ARS.

The third legislature, elected the January 2nd 1956, is dominated at the beginning by the republican Front (coalition of center-left formed around Pierre Mendès France and consisted of the SFIO of Guy Mollet which becomes president of the council, of the Parti radical socialist, UDSR of François Mitterrand and of republican-social of the gaullist Jacques Chaban-Delmas) and its capacities were exerted January 19th 1956 with the June 3rd 1958 then it was put on leave after having voted the nomination with Charles de Gaulle and to be themselves marked for the full powerss and the constitutional revision. The manpower of the groups is following it to the beginning of the legislature (including the related ones): 150 Communists, 94 Socialists, 58 radicals, 19 UDSR and African democratic Rassemblement, 83 MRP, 21 Social republicans (gaullists), 14 RGR and republican Center, 95 CNI, 52 Union and French fraternity (poujadists), 7 not registered, 2 not proclaimed, 32 seats not provided in Algeria. The poujadist group, following invalidation, has nothing any more but 30 deputies at the end of the legislature.

The presidents of the National Assembly were the Socialist Vincent Auriol December 3rd 1946 until its election like president of the Republic the January 20th 1947, then the radical Edouard Herriot which becomes thus officially the first president of the Lower House of the Parliament of the Fourth Republic after having been the last of that of the Third Republic, according to the January 12th 1947 with the January 11th 1954. The Socialist Andre To exchange It succeeds to him of the January 12th 1954 with the January 10th 1955 and of the January 24th 1956 with the October 4th 1958 (fine theoretical corresponding to the promulgation of the Constitution of the Fifth Republic). Between these two socialist presidencies, there was that of MRP Pierre Schneiter in 1955, of the January 11th to the December 2nd.

The system of election to proportional particularly reinforces instability parliamentary, and thus governmental, already particularly present under IIIe République. The political parcelling out causes the fact that all the parties all are far from the absolute majority, the more so as the only political tendencies have truly important groups, the gaullists on the one hand (for the beginning of the second legislature) and the communist of the other, are hostile with the Fourth Republic and thus refuse to take part in any government coalition. That requires the formation of heterogeneous and unstable coalitions then and give a considerable importance to small parts hinges like UDSR of Rene Pleven and François Mitterrand. However, parliamentary instability involves governmental impotence quickly to face the crises of the wars of decolonization, that of Algeria causing the fall of the mode finally.

Ve République

Elections

Since 1986, the 577 Député S are currently elected with the Vote for all direct with a majority Uninominal system with two turns by Circonscription, for a five years mandate, subject to dissolution.

The districts count on average 105.600 inhabitants. The electoral law of 1986 specifies that the variations of population between districts should not in no case to lead so that a district exceeds of more than 20% the average population of the districts of the department. But there exist inequalities between the less populated rural districts and the urban districts. As example, the deputy of the most populated district Val-d'Oise represents: 188000 voters when that of the least populated district of Lozere only represents any: 34000.

To be elected with the first turn, to at least 50% of the votes cast representatives should be obtained a quarter of the registered voters on the electoral rolls.

Can introduce to the second turn only the candidates having collected the voices of 12,5% of the registered voters. If only one candidate meets this condition, the candidate having obtained the greatest number of votes after him can make application form. If no candidate meets this condition, only the two candidates made at the head, whatever their score, can stand as a candidates to the second turn.

To the second turn, it is the candidate having gathered the most votes which carries it (relative majority). In the event of equality of votes between two candidates made at the head to the second the turn, oldest of both is declared elected.

Each candidate presents himself with a substitute who takes his place in the event of death or of incompatibility of function, for example if the deputy is named with the government, or the Constitutional council, or if a temporary mission entrusted to the deputy by the government is prolonged beyond deadline some six months (article LO176-1 of the electoral code).

The organic law of the July 10th 1985 had founded the Scrutin proportional plurinominal to the strongest average within the framework of the department. It was necessary within this framework to obtain at least 5% of the votes to have an elected official. The legislative of 1986 gave to France a new majority which positioned back the majority poll. But the idea to introduce an amount of proportional within the framework of a analog and digital System often reconsiders the front of the political scene. One counts 570 elected officials departments (Metropolitan France and Overseas department, five representatives of the Collectivités of overseas (two for the French Polynésie, with Wallis-and-Futuna, with Saint-Pierre-and-Miquelon and with Mayotte) and two for the community sui generis French of New Caledonia.

The French residing out of France do not elect any deputy with the National Assembly and there is thus no district abroad. This principle rises from the application of the Constitution of 1958 which is satisfied to indicate that the French established out of France are represented with the Senate . The French residing abroad can however, as the law envisages it, being registered locally in France.

Parliamentary session

The life of the National Assembly and the Parlement is organized around annual sessions, namely of the period during which the two rooms meet to deliberate. There are three types of different sessions:

ordinary session: period fixed by the law during which the deputies meet inevitably each year, intersected with period of “parliamentary vacancies”. There were originally two ordinary sessions per annum three months each one (respectively of the October 2nd to the December 20th and of the April 2nd to the June 30th, thus envisaging with the deputies of the “summer” and “winter vacation”). This state was very criticized by the former president of the Parliament Philippe Séguin which sponsored a reform in 1995 which then establishes an annual single session of at least 120 days of session per annum being established between the first business day of October and last the working days of June, each assembly fixing then as she hears it weeks of session as well as her days between Tuesday, Wednesday and Thursday, and of her schedules.
extraordinary session: apart from the ordinary session, the Parlement can be convened in extraordinary session by decree of the president of the Republic and at the request of the Prime Minister or the majority of the Députés, for 12 days at the maximum.
full meetings: the Parlement automatically meets after a dissolution (second Thursday following the election of the new Parliament and for 15 days if ever the ordinary session is not then open), lasting the application of the special capacities of the Head of the State envisaged by the Article 16 of the Constitution or simply to hear an official message read of the president of the Republic.

Role

Since the coming into effect of the constitution of the Fifth Republic in 1958, the National Assembly constitutes, with the Sénat, the Parlement and is holder of the Legislative power.

The vote of the law

She votes the Loi S and proposes some, with the Sénat. One speaks then about Bill when the text is deposited by the government and of Private bill when it emanates from the Parlement. In the event of rejection of a project or a Private bill by the Senate, the text turns over to the National Assembly to be amended. This to and from of the legal text between the two rooms, until the vote of an identical text, is called “parliamentary shuttle” or quite simply “shuttle”. If the dissension persists, an equal mixed parliamentary commission is created, composed of 7 Députés and 7 senators in order to settle the question. A new text is then proposed with the two rooms. If no agreement can then be found, and at the request of the government, it is finally the National Assembly, elected by the universal direct suffrage, which votes the law according to the terms of its choice. This procedure is called the capacity of the last word granted to the National Assembly.

Relations between the executive and the National Assembly

The most known form of the control exerted by the National Assembly on the action of the Gouvernement are traditional the Questions with the government which can on television take the form of retransmises oral questions on France 3 (Tuesday and Wednesday, during all the parliamentary session). Each deputy can then ask the president of the Parliament to intervene on a question of his choice and to thus question on this subject either the Prime Minister, or one of his ministers concerned. The deputy, called by the president, then puts his question since one of the microphones laid out along the alleys of the hemicycle, vis-a-vis the “perch”, and the member of the government concerned answers vis-a-vis hémicyle and thus back the presidency. This meeting often takes the form of important verbal tournaments between the ministers and the opposition. Each intervention is limited in time, even if the majority of the speakers tend to pass in addition to this limit, then involving the intervention of the Chairman. But the majority of the questions to the government deposited by the deputies are written, and, not being médiatisées, are much less spectacular.

The main part of the provisions concerning the reports/ratios and the power to control exerted by the National Assembly on the Gouvernement are joined together within the Article 49 of the Constitution.

First of all, by the first subparagraph of article 49, the Gouvernement can require the vote of a question of confidence of the National Assembly (and it only) bearing on a government program or a declaration of general policy. The Vote of confidence generally takes place after the formation of each government after the presentation by the Prime Minister in front of the Députés of the government action which will be carried out. It is to some extent about the parliamentary confirmation of the nomination of a Prime Minister and sound Gouvernement. But the chief of the government can also ask for the vote of a question of confidence in order to resolder the majority behind him and thus of reinforcing his legitimacy in crisis period of confidence: it was the case in particular by Jacques Chaban-Delmas, Prime Minister of Georges Pompidou, the June 23rd 1972, for courcircuiter a scandal linked with the publication of the sheet of taxes of the chief of the government by the Duck connected the January 19th of this same year. If it largely obtains this confidence (368 votes against 96), Jacques Chaban-Delmas resigns a few days all the same later, the July 5th 1972. Since 1958, all the questions of confidence put to the National Assembly by a Gouvernement were voted favorably. If ever it were not the case, the Gouvernement would fall automatically.

By subparagraph 2 of Article 49 of the Constitution, the Députés can deposit, as soon as the quota necessary of signatures are joined together to support it (with being known those of at least a tenth of the members of the Parliament, that is to say today of 58 deputies), a Motion of censure, known as also “spontaneous motion of censure”. This one must be voted in the majority absolute of the whole of the deputies, that is to say at least 289 votes “for”, which are only entered, the abstentionnists and the absent ones being regarded as rejecting motion, this in order to avoid the vote of one motion by the “simple majority” of the only present which was the cause of the fall of many governments at the time of the preceding republican modes. Moreover, the vote must take place at least 48 hours after the deposit of motion and debates, so that the Députés do not react “hot” and to leave them the time of the reflection. If the government is censured, the Prime Minister must present his resignation to the president of the Republic, without however that this one is held to accept it (as the case presented itself in 1962). Person in charge of the fall of many governments under the III {{E}} and IV {{E}} Republics, only one Motion of censure was voted under the Fifth Republic, the October 5th 1962, against the Gouvernement Georges Pompidou to protest against the project of revision of the Consitution concerning the election of the president of the Republic to the Universal direct suffrage. But, even if it has only very little chance to succeed, especially when the majority in place is rather clear, the Motion of censure is a tool particularly used by the opposition to mark its dissension with the general policy of the government or against flagship measures of this last. Last motion in date was deposited the May 10th 2006 by the socialist group against the whole of the policy of the Gouvernement Dominique de Villepin following the crisis of CPE, it was then voted by 190 Députés on 577 (150 socialist , 22 communist , 3 Verts, 2 not registered radical lefts and 2 various left, but also by 11 of the 30 deputies of the UDF of which its leader Francois Bayrou) and was thus rejected.

One of the most famous provisions of Article 49, and also one the most discussed of, known under the name of “49-3” (3rd subparagraph of article 49) or “engagement of responsibility” authorizes the government to be done to pass a Bill without vote, debate and deposit of amendment relating directly to this text. A motion of censure can however be deposited against the government in the 24 hours after the call to the 49-3 (this one is systematically then deposited by the opposition): if this one is voted, the text is rejected and the government, which engaged its responsibility on this bill, falls. One speaks then also about “caused motion of censure”. This capacity is particularly criticized by the majority of the figures of the Socialist party and of the Union for the French democracy because they see there a particularly important constraint with the legislative power and of control of the Parliament and the symbol of the primacy of the executive power on the legislature. On the contrary, the partisans of this provision propose that they are the best means of avoiding the parliamentary obstruction and the debates considered as too long to measures considered to be urgent. It was used for the last time by the Gouvernement Dominique de Villepin on the bill known as of the Equal opportunity which instituted, inter alia, CPE. But the motion of censure then deposited by the socialist group had not then related exclusively on the Bill in question but to the whole of the industrial relations policy of the government, and had been rejected.

Another mark of the control exerted in return by the executive on the legislature, the National Assembly can be dissolved by the president of the Republic. It does not act however there, contrary to the 49-3, of a clean measurement in France and many Heads of State of Western democracy also have this right (thus in Germany the federal president Horst Köhler has dissolves the Bundestag the July 21st 2005 at the request of the Chancelier Gerhard Schröder). A dissolution involves automatically the behavior of legislative elections which known as “are then anticipated”. Under the V {{E}} Republic, there were five dissolutions:

the October 10th 1962, under Charles de Gaulle, after the adoption of a Motion of censure against the Government Georges Pompidou. It is followed by legislative which mark the victory of the gaullists of UNR-UDT and their independent allies Républicains.
the May 30th 1968, under Charles de Gaulle, to untie the crisis of May 68. It involved anticipated legislatures marked by a strong victory of the gaullists which obtain the absolute majority alone (293 elected officials out of 487 for UDR).
the May 22nd 1981, under François Mitterrand, after his victory with the presidential and to have one majority with the Parliament, which it will obtain largely with the legislative (the Socialist party obtaining with him only the absolute majority with 266 Députés on 491).
the May 14th 1988, under François Mitterrand, after its re-election and for the same reason, the victory of the left to the legislative is strong but less than in 1981 (275 socialist on 575, combined with 41 elected officials of the UDF).
the April 21st 1997, under Jacques Chirac, it involved the victory of the socialist and their allies of the Plural left to the anticipated legislatures and the nomination of the Gouvernement Lionel Jospin.

Modification of the Constitution

Any modification of the Constitution can be adopted according to two modes. First of all the president of the Republic can ask for the behavior of a Référendum, after the rooms of the Parliament voted in identical terms the revision in question (the constitutional revisions of 1962 and 1969 not having been adopted by the rooms, could be thus considered anticonstitutional). If not, the constitutional revision must be at the same time voted and by the National Assembly and the Sénat, then in the majority of the 3/5e of the parliamentary joined together in Congrès with the Château of Versailles.

The reflection and parliamentary work

The Députés think several manners of the manner of reforming the law and check how this one is applied, their own initiatives or at the request of the government within the framework of parliamentary missions. Those are in charge of the reflection and from the study of given problems and concludes themselves by a report/ratio which draws up the assessment of the current location in the treated field and proposes lines of thinking in order to solve the possible encountered problems. These missions can be also given the responsability to check good application of a law.

The parliamentary can form if not of the missions of information on a given topic or, at the request of a minister or a political group, a board of inquiry charged to establish the public responsibilities in legal affairs pointing with the finger an institutional or legislative dysfunction unspecified (such as for example for the Affaire of Outreau).

Composition

Conditions and prerogatives of the deputy

Office plurality of the mandates and minimum age

Since 1958, the mandate of Député is incompatible with that of any other parliamentary elected official (senator or European Député), or with certain administrative offices (the Médiateur of the Republic, the members of the Constitutional council and certain senior officials like the Préfet S, Magistrat S or Officier S which is ineligible in the department where they are in station). It is also incompatible with a ministerial function. During his nomination to the Government, the elected official has a one month deadline to choose between the mandate and the function. If it chooses the second option, it is then replaced by its or its substitute (E). Certain political personalities, whose candidates with the presidential election of 2007 Ségolène Royal or Francois Bayrou, call with a more strict limitation of the office plurality of the mandates by imposing the single mandate in particular (thus establishing the incompatibility between the mandate of deputy and any local executive position (mayor, president of general advice, president de Région,…), and thus to see the disappearance of famous “the deputies and mayors”. However, the partisans of this practice assert on the contrary that the office plurality of a local mandate and a seat at the National parliament at the same time makes it possible to have constantly a bond with the ground and to make use of its position in Paris to advance more quickly certain local files.

It is necessary if not to be at least 23 years old to be Député and to be of French citizenship. Moreover, cannot claim with being Député the people placed under Tutelle, those under cover of a judgment to the deprivation of the Civic right , with the personal Faillite, prohibition to manage or the Compulsory liquidation.

Allowances and various prerogatives of the deputy

The Député enjoys average materials and financial attaches with his function: in addition to its “M.P.'s salary” (: 6897.74 €/mois), it also profits from one IRFM - allowance representative of expenses of mandate (: 6228 €/mois), to pay the expenses related to its mandate, and of one collaborator credit (: 8877 €/mois) to remunerate up to 5 assistants.

It also has of one office with the Parliament, various advantages transport communications, a social security and a specific case old age… Not profiting from unemployment benefit, a Appointed which is not re-elected and which does not have job security or access to the retirement can receive during five years a decreasing allowance while he seeks an employment. This financial aid is financed by the contributions of the Députés.

Each year, a parliamentary reserve is allotted to the members of Parliament by the Committee of supply (approximately 90 million Euro S for the National Assembly and 55 million for the Sénat in 2006), which is then redistributed either directly by the Committee of supply, or by the president of the political group of the Député. The equipment of this reserve is very variable according to the Députés and can be null for the novel members of the Parlement or go until: 100000 Euro S. the use of this reserve is with the only appreciation of the members of Parliament. It is a capacity of subsidy given to the elected officials as declared it Frederic Lefebvre, former adviser for the relations with the Parlement of Nicolas Sarkozy with the ministry for the Interior. It is in particular used to finance municipal projects.

Pursuant to article 26 of the Constitution, the Appointed, like the senator, from a parliamentary mode of Privilege profits.

The provision

The room of the meetings is generally called, from its form in half-circle, “ the hemicycle ”, is centered on the “perch” from where the president of the Parliament dominates the deputies and on the “platform” where the deputies expressing itself at the time of the debates on a text or the foreign personalities come to make a speech in front of the National Assembly speak. The provision by political tendency within this hemicycle takes again the tradition going back to the General states of 1789 and which gave its name to the Gauche and the Droite, the first thus sitting at the left of the president of the Parliament and the second on her line. Apart from this convention, each parliamentary Groupe has the free choice of the position of its members on the “benches” of the Parliament. Lastly, the first two lines of benches in bottom of the hemicycle are reserved to the members of a Commission come introduced a project or a Private bill and to the members of the Gouvernement who moved for the same reason or to answer the traditional questions to the government.

The office

The Office of the National Assembly comprises 22 members including 1 president who is elected for all the legislature, and 21 other deputies who are renewed with the opening of each parliamentary session (except for that preceding the next renewal by the Parliament): 6 vice-presidents, 3 questeurs and 12 secretaries. At the time of the meeting of opening of the legislature which sees the election of the president and the first office, the Parliament is chaired temporarily by a “office of age” chaired by the oldest member of the deputies assisted of the 6 youngest deputies who then fulfill the functions of secretaries.

The president

The meetings of the National Assembly are directed by the president of the National Assembly which is, in the order of precedence, the fourth character of the State behind the president of the Republic, the president of the Senate and the Prime Minister. He has important constitutional prerogatives thus: he names three of the new members of the Constitutional council (equality with the president of the Republic and chair it Sénat), must be consulted by the president of the Republic before this one exerts some of its constitutional capacities (like dissolution or concerning the special capacities envisaged by Article 16 of the Constitution). He can moreover constantly seize the Constitutional council to check the constitutionality of a law before his promulgation or an international engagement. He can also decide, with the Office, to reform the payment and the operating process of the National Assembly. He chairs the Parlement assembled in Congress as well as the High court created by the constitutional law of the February 23rd 2007 bearing on the penal statute of the president of the Republic and joining together the two rooms of the Parliament to judge the Head of the State for failure with his duties obviously incompatible with the exercise of his mandate .

He has mainly a role of mediator, chairing the meetings, making sure of the respect of the payment of the Parliament, the speaking time of each one and the maintenance of calm in the hemicycle. He opens, declares and suspends thus the meetings closed, decides only the order of the speakers or to give them the word.

It acts of one of Appointed elected by its pars with beginning of legislature (and for all the duration of this one) or if the holder resigned or is prevented, and with secret bulletin with platform (contrary to the other votes of the deputies who is done electronically since their seat), during a special meeting chaired by the oldest member of the National Assembly. Each deputy comes then alphabetically deposited his bulletin in the ballot box (the starting letter being drawn to the fate). Then, of the “tellers” are drawn with the fate among the deputies to carry out the examination, the result being then declared by the oldest member. To be elected, the absolute majority is necessary at the time of the two first turns and, if this condition were not then met, only the relative majority is enough for the third possible turn. In the event of equality, the oldest candidate carries it.

The president of the National Assembly sits in height and vis-a-vis the hemicycle where are divided the other members of the Parliament, on what is called the “ perch ”, above the platform.

Since the June 26th 2007 and the opening of the XIII {{E}} legislature, the National Assembly is chaired by Bernard Accoyer which was the president of the group UMP during the XII {{E}} legislature of 2004 with 2007. The Socialist party had introduced vis-a-vis him old the Minister for Justice Marylise Lebranchu. He was elected without surprised with the 1st ballot with 314 votes out of 553 voters and 531 votes cast, against 216 bulletins with his socialist adversary, a voice being lost on another name which was not communicated yet.

Vice-presidents

6 vice-presidents of National Assembly, the purpose of whose distribution is the object of a consensus between the various political groups which designate their candidates as a preliminary, are primarily to replace with the perch the president of the National Assembly if this one is prevented, with a successive order of active replacement of 1st to the 6th vice-president. Moreover, each vice-president directs one of the six delegations in whom the members of the office are distributed to prepare certain decisions. There are thus currently delegations charged:

of the application of the statute of the deputy
of the communication
of the international activities
of the questions concerning the parliamentary offices
of examining the admissibility of the private bills
of the groups of studies

They form finally part, with the president of the National Assembly, the presidents of Commission and the presidents of group, of the Conference of the Presidents which is brought to deliver its opinion on the day order of priority work fixed by the Gouvernement.

For XIIIe legislature, the UMP has 3 vice-presidents, the Nouveau Center of one, and the PS of 2.

The elected vice-presidents on June 27th, 2007 are, by protocolar order:

1st vice-president: Marc Laffineur (UMP) 2evice-president: Marc Fur (UMP) 3evice-president: Marc-Philippe Daubresse (UMP) 4evice-president: Rudy Salles (New Center) 5evice-president: Jean-Marie Le Guen (PS) 6evice-president: Catherine Génisson (PS)

Questeurs

Under the terms of article 10-2 of the payment of the National Assembly, the election of the member of the Office “takes place while endeavouring to reproduce within the Office the political configuration of the Parliament”. Thus, among the 3 questeurs of the National Assembly, one of them is resulting from the opposition

The questeurs exert powers extended out of financial, countable and administrative matter within the framework of the autonomy of management of the National Assembly.

The three questeurs “are in charge of the finance departments and administrative. No new expenditure can be committed without their preliminary opinion” (article 15-1, of the payment of the National Assembly). The services with which they are charged cannot thus engage any expenditure directly.

They prepare the budget and supervise its implementation of it. They also deal with the general administration of the institution like the staff management, have under their responsibility the case for the pensions of the deputies and the social mode of the personnel, but also safety, the control of the access and circulation in the Palais Bourbon and deal finally with the attribution of the means necessary for the deputies or the authorities of the Parliament for the performance of their duties (transport, telephone, equipment of offices, attributions of meeting rooms and offices). They thus play a big role in the data-processing equipment of the Parliament.

The questeurs meet each week in session in the presence of the two general secretaries to deliberate on all the questions entering the field of their competences.

The decisions of the questeurs are made collégialement. The collegial structure is moderated by the institution of the deputy questeur. This one is entitled by his/her colleagues to act as their name. Each of the three questeurs in turn exerts this responsibility for one month.

Currently, the questeurs are Richard Mallié, Philippe Briand and Marylise Lebranchu.

Secretaries

The college of the 12 secretaries, him also having a pluralist constitution, assist the president in public, note the votes while checking their validity and that of the delegations of vote, and the results of the polls which are then proclaimed by the president.

The June 27th 2007, were appointed secretaries:

Jean-Paul Bacquet (SRC)

Michel Bouvard (UMP)

Jacques Desallangre (GDR)

Olivier Dussopt (SRC)

Paul Giacobbi (SRC)

Claude Greff (UMP)

Lionnel Luca (UMP)

Alain Néri (SRC)

Marie-Francoise Pérol-Dumont (SRC)

Bernard Perrut (UMP)

François de Rugy (GDR)

Andre Schneider (UMP)

Commissions

The projects and private bills are examined, before any examination in plenary session, by one of the six standing committees:

Commission of the cultural, family and social affairs
Commission of the economic affairs, the environment and the territory (ex-commission of the production and the exchanges, known as commission of the production ),
Commission of the foreign affairs,
Commission of national defense and the armed forces (known as commission of defense ),
Committee of supply, general economy and the plan (known as committee of supply ), its presidency is entrusted since 2007 to a member of the opposition (Didier Migaud, PS) by decision of the president Nicolas Sarkozy,
Commission of the constitutional laws, the legislation and the general administration of the Republic (known as commission of the laws ),

Or by one of the special subcommittees:

Charged commission of the application of article 26 of the Constitution,
Special subcommittee charged to audit and audit the accounts.

The current deputies of the National Assembly are those of the thirteenth legislature of the V {{E}} République, whose mandate goes from 2007 to 2012 and whose president is Bernard Accoyer, of the UMP.

Each commission elects a president who has important capacities in the field of competence of the Commission, and of one or more rapporteurs which are then charged “to pay”, or to present, the text in question in front of the Parliament in plenary session.

Political groups

According to the payment of the National Assembly, the “deputies can gather by political affinities” in parliamentary groups. They must contain at least 20 members (since 1988). Previously this number was fixed at 30 at least) and, since 2007, Communist party French, which does not lay out any more that of 15 connected elected officials and 2 and thus cannot any more, under these conditions, to form of group, asks for a new lowering of this number 15 members. The political group must present at the time of the opening of the legislature to the president of the National Assembly a political declaration signed by its members.

In addition to the full members of the group, who are generally members of the same great party (UMP, PS, UDF, PCF, etc), certain deputies can “be connected” with a group: they are not then included in the minimum quota of 20 necessary for the formation of the group. They are in general members resulting from small parts or without label close relations from the tendency from the principal political movement in the beginning from the formation from the group.

The groups decide, with the president of the National Assembly, the zones of the hemicycle where they will sit. He are then only judges in the manner of dividing their members and related within this zone. They have their own organization and their own rules of procedure, elect in their center a president who will represent them within the Conference of the Presidents and which will have several important prerogatives (as the request or on the contrary the opposition to the creation of a special subcommittee, the right to obtain an adjournment to gather the group, to require the vote of the open vote, to call during the meeting with the checking of the quorum at the time of a vote, to prepare the specific monthly parliamentary day order to their group, to propose or to be opposed to engagement simplified procedures of engagement, or the “drawing right” which enables them to obtain once per annum the examination in public of a resolution proposing creation of a board of inquiry, etc). Each group, according to its numerical weight within the Parliament, names her representatives within the Office and of the various commissions. They moreover have, according to their size, a clean financial subsidy and have of offices and rooms to meet.

But the deputies who do not wish to adhere to any group have the possibility of declaring themselves “not registered”.

At the time of the opening of the XIII {{E}} legislature the June 26th 2007, four groups political were presented: largely majority of the UMP, another dominated by the socialist to which the elected officials of the Radical left party were connected, of the Mouvement of the citizens and unquestionable various left. The New Center, belonging to the Presidential majority, could set up a group with whole share whereas the elected officials of the MoDem of Francois Bayrou sit like not registered with other various elected officials. Lastly, fault of having obtained before the beginning of the legislature a lowering with 15 of the minimum of 20 members to be joined together to form a group, the communist were combined within a technical group with the rotating presidency every 10 months with the elected officials Verts, called democratic and republican Gauche.

Tendencies

Re-elected deputies

Deputies elected with the first turn

(*) The elections of 1986 had taken place with the proportional integral.

See too

Appointed of XIIIe legislature
French legislative Elections of 2007
Presidents of the French National Assembly and comparable rooms
French Senate
French Parliament
French Republic
Constitutional monarchy
constituent Assembly
Bicameral system
Monocamérisme
legislative Elections under the Fourth parliamentary Republic
Group

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