The Présidence of the Republic is highest function Executive power of the French Republic.
The French Republic obtained a President only starting from 1848 (under the II {{E}} République). Since this Date, this function was assumed by twenty-three presidents, who resided all at the Elys3ee palace.
Since the election of the president by the vote for all in 1962, it is about the political office most prestigious and most respected in France. The President is the chief of the State, the chief of the armed and the guarantor with the Constitution.
The other functions, attributions and modes of nomination evolved/moved much in time according to the modes, but also according to the circumstances and of the men called to fill this load. Currently, and this since 1958, its capacity is such as one frequently speaks about “republican monarchy”.
The presidency of Louis Napoleon thus is marked by his opposition to the preserving policy of the elected Parliament in May 1849 and mainly monarchist: sending in Rome of the troops to subdue a rebellion against the Pope; vote Loi Falloux favorable to religious teaching… May 31st 1850, the Parliament votes an electoral law which imposes a three year old residence for the voters, which eliminates 3 million people of the electorate, mainly of the craftsmen and the seasonal workers. While being opposed to this reform, Louis-Napoleon has the appearance of a hero for the people.
Of the beginning of the year 1851, Louis-Napoleon Bonaparte requires a revision of the constitution to enable him to represent itself as of the end of its mandate. The weakness of the Constitution of IIe République was its incapacity to legally solve the conflicts between the legislative power and the executive power. In front of the refusal of the National Assembly, it makes a Coup d'etat in December, which it ratifies by a Référendum. The Second Republic finishes by an authoritarian regime, which becomes the Second Empire in 1852.
The decree of the February 17th 1871 makes Adolphe Thiers, a Orléaniste, the chief of the executive power of the French Republic while waiting for that the deputies rule on the new institutions. Thiers, rejoined by political pragmatism with a preserving republic, is put in minority in May 1873 by the National Assembly dominated by the monarchists and resigns. The Parliament elects in her place Mac-Mahon, a convinced monarchist. January 21st, 1875, the Wallon amendment founds the republic. The elections of 1877, after dissolution by president Mac-Mahon in dissension with his majority, carry a Republican majority to the capacity. In front of impossibility of imposing its views on the two rooms, Mac-Mahon resigns in 1879. Its successor, the republican Jules Grévy voluntarily gives up exerting his constitutional prerogatives (mainly right of dissolution) and avoids intervening against the wishes of the Parliament.
The Council of Ministers with the Elys3ee palace, 1882:
After a stormy debate, President Jules Grévy speaks:
“ do you Know what I would do, Sirs? ”
A silence respectueux.
follows
“ Eh well, I would not do anything ”.
The President of the Republic thus confines himself with a representative function, leaving the capacity with the president of the Council and the Parliament. The presidents of IIIe République follow this practice. Those which like Jean Casimir-Périer, elected in 1894, or Alexandre Millerand (1920 - 1924) tried to take more to be able are suspectés to want to attack the Constitution and are constrained to resign.
See also: Historical of the governments of France
In 1958, France suffered from the paralysis of its institutions. The executive power was exerted by a government resulting from unstable majorities at the Parliament. The frequent changes of government to the liking of alliances and the personal ambitions prevented any effective policy. When it is called with the capacity in May 1958, the Général de Gaulle wished to give again with the executive a capacity that it did not have the means of exerting in the parliamentary Régime, that it pejoratively qualified “mode of the parties”. He wanted to thus cure the defects of IVe République worsened by the Guerre of Algeria by creating an executive power extremely and independent.
Article 5 of the Constitution makes of the President the guarantor of the institutions and the Constitution, the national independence and the integrity of the territory. For the components, the president does not have vocation to intervene in the daily management of the businesses. The chief of the executive is, in the texts, the Prime Minister who " determine and leads the policy of the nation" (article 20). The Head of the State is a referee between the various capacities (article 5) and who, although having a weak autonomous capacity, has as a main thing capacity that to ask another Autorité to act. " That does not prevent it giving the main trends of the country, requiring of the government to follow them and from translating them in texts so necessary ". It ensures in a flexible way separation of the capacities. It incarnates France with the international level and is a recourse in the event of serious situation. Since 1959, De Gaulle makes diplomacy and defense, the reserved domain of the president of the Republic.
This vision however, put forever in practice, because the first President, the de Gaulle general, made use of his historical weight to monopolize the whole of the prerogatives of its Prime Minister, Pompidou.
Starting from 1962 and until in 1986 (date of the first cohabitation), the “normal” practice of the institutions was established. 1962 are a key date since she sees the conjunction of the election of the President by the universal direct suffrage, responsibility in front of the people which legitimates his capacities, and of the parliamentary majority fact favorable to the President (creation of the UNR, Union for the New Republic). The reading of the Constitution, which establishes a parliamentary mode, is done in a direction favorable to the President. In fact, the president of the Republic is the true chief of the executive because it uses fully and even beyond, the capacities which the Constitution grants to him. with the government, a close connection of collaboration is thus established, even of subordination. The democratic legitimacy given by the election by the vote for all thus carries it on attributions of the Constitution. The alignment of the duration of the presidential mandate on that of the deputies, the concomitance of the elections with in first, the presidential election, then at the end of one month, the legislative ones still accentuate this subordination connection.
This situation gives to the French President an exceptional situation and badly encircled by the theories of the traditional constitutional law. One in general associates right of dissolution and responsibility before the Parliament: the English head of government has both (parliamentary Régime), the US president no (Presidential regime). In the French system, it is the president who has the right of dissolution, but it is the Prime Minister who is responsible in front of the Parlement. The de Gaulle general, by the means of his election by the universal direct suffrage in 1962 and of regular Referendum, set up a responsibility for the President in front of French people: it is on a lost referendum that it left its functions. Jacques Chirac, on the other hand preferred to complete her mandate after the failure of the referendum on the European Constitutional treaty in 2005 whereas this vote was decisive for him and for the country. In fact, after Gaulle, the presidents were satisfied with a responsibility in front of the people at the time of the re-election. Maurice Duverger qualifies France under the Fifth Republic of semi-presidential Régime, although this categorization is often disputed. Exact name remains “presidentialized parliamentary mode”.
For example, one can quote article 8 subparagraph 1 where the President names and accepts the resignation of the Prime Minister. In practice, it even happened that during his nomination, the President makes sign with the Prime Minister a not dated resignation letter, thus enabling him to revoke its Prime Minister when good seemed to him. Actually, except for the “voluntary resignation” of Jacques Chirac when he was Prime Minister of Valery Giscard d'Estaing, all the Prime Ministers were revoked. In period of cohabitation, however, this capacity, that the successive Presidents monopolized themselves, does not exist any more since the Prime Minister is then supported by the parliamentary majority.
Everyone cannot be candidate. The law of 1962 envisages a patronage of 100 notabilities resulting from 10 different departments. The presentations are to be addressed to the Constitutional council 18 days before the first turn. The candidates must deposit a guarantee of 10.000 francs refunded for those which reach 5% of the voices. In 1974,12 candidates manage to obtain the 100 signatures of presentation. To limit the number of candidates, the organic law of June 18th, 1976 provides that any candidate must collect the presentation of 500 elected officials (regional mayors, general advisers or, deputies, senators) resident in 30 different departments. The signatures of elected officials of a department should not represent 1/10e total. The name of the presenters is made public by the Constitutional council and is published in the Official journal. This law prevented only temporarily the inflation of the candidates, 10 into 1981,9 into 1988,9 in 1995, but 16 in 2002 and 12 in 2007. Michel Balinski supports that the public finance and the equality of the speaking time in the audio-visual one are at the origin of this inflation of candidates. One of the consequences is the great dispersion of the voices: until 1974, the three candidates at the head collected 90% of the voices. Since, their share of the voices strongly decreased to hardly reach 50% in 2002. The vote of April 22nd, 2007 marks a spectacular trend reversal. The three candidates of head collect 75% of the voices making lose with the first turn of the election its role to défouloir.
The electioneering propaganda is regulated by the law of November 6th, 1962 modified by the organic law of February 5th, 2001. It envisages, during the official countryside, a strict equal treatment of the candidates in the audio-visual means and the creation of a National Commission of control of the electoral campaign. The law of January 19th, 1995 fixes a ceiling of expenditure of countryside, 13,7 million euros for the first turn, 18,3 million for the second turn. Any candidate sees himself granting an advance on expenditure of 153.000 euros. The law envisages also the lump sum refund of 8% of the ceiling for all the candidates, whatever the number of voices obtained, that is to say up to 685.000 euros of expenditure. On the other hand, the candidates having collected at least 5% of the votes cast obtain the refunding of 36% of the ceiling of the expenditure, which can represent 6.850.000 euros. all the candidates have the obligation to establish an account of countryside published in the Official journal 70 days after the second turn.
In certain cases, the Constitutional council can decide carryforward of the elections: if a potential candidate dies or is prevented 7 days before the deadline of the deposit of the signatures of presentation, if a candidate dies or is prevented before the first turn. If one of the two candidates having been qualified for the second turn dies or is prevented between the two turns, it is necessary to proceed to a new election.
The election takes place between 20 to 35 days before the expiry of the mandate of the President-in-Office. In the event of vacancy (resignation, death), the election with place between 20 to 35 days after the opening of the vacancy. In the event of impossibility for the President, noted by the Constitutional council, to exert his presidential functions, it is the president of the Sénat which takes over temporarily the duties. Until now, only Alain Poher had to assume this task: in 1969 after the resignation of Charles de Gaulle and again in 1974 after the death of Georges Pompidou. The president by interim cannot use the referendum or dissolve the National Assembly.
the responsibility in front of the nation:
The presidency of the Council of Ministers is a traditional attribution of the president, but until 1958, this role was not very important. Since this date, the president plays an active role. He makes establish the day order and directs work (Article 9). He can exceptionally delegate the presidency of the Council of Ministers to the Prime Minister but with a given day order.
Article 13 gives to the president lawful attributions. It signs the ordinances and the decrees after deliberation at the Council of Ministers. It shares this lawful capacity with the Prime Minister. It however sometimes happens to him to sign decrees which were not discussed at the Council of Ministers. Article 13 also specifies that the president names with civil and military employment. In fact he exerts this prerogative for the most important employment: advisers of State, ambassadors, envoys extraordinary, main advisers at the Court of Auditors, general prefects, officers, vice-chancellors of academy, directors of central administrations. For the remainder, he delegates his power to the Prime Minister. Article 14 gives him great prerogatives as regards diplomacy. It symbolizes the French State near the other countries. It accredits the ambassadors and the extraordinary envoys, applies the new treaties. These attributions are traditional for a Head of State in France. The new fact is its intervention in the negotiation of the treaties. It makes also the most important decisions.
Article 15 fact of the president the chief of the armies. He chairs the higher committees of defense. Since 1996, it engages the nuclear force. Jacques Chaban-Delmas had called the international businesses the " réservé" field; of the president. This role, in the beginning is not determined by the component, but it entered manners.
The constitution of 1958, anxious to control the parliamentary life makes it possible to the president to intervene in this one. It opens and closes the extraordinary sessions by decree either at the request of the Prime Minister, or with that of the members of Parliament. In theory, if the legal conditions are met, it must sign the decree. In 1960, the president refused to join together a session extrordinaire however requested by the majority of the deputies; even thing in 1987, period of cohabitation whereas the request emanated from the Prime Minister. On the other hand, the ordinary sessions do not belong to its prerogatives.
The president has the right of dissolution of the National Assembly. It is a personal prerogative without against signature, but it must observe certain conditions like consulting as a preliminary the Prime Minister and the presidents of the two rooms. It of anything is not held to follow their opinion. Dissolution is an effective weapon against the members of Parliament tempted to be opposed to the government. The new elections must take place between 20 and 40 days after the signature of the decree. Since 1958, one counts 5 dissolutions, the last in 1997 is the only one which did not give to the president the discounted majority. The right of dissolution has some limits however: the president cannot carry out a new dissolution during one year. This one is impossible when article 16 is implemented.
The president is in charge of the promulgation of the laws in the fifteen days following their adoption by the Parliament. He cannot withdraw himself from this obligation but he can before the expiry of the period promulgation ask for a new discussion of a part or of all the law, which cannot be to him refused (article 10).
The president has the right of sasine of the constitutional council, without counter-signature before the promulgation of a law (Article 61 subparagraph 2). It is average considerable of control of parliamentary work. Lastly, article 11 gives to the president the right to call some directly with the people by organizing a referendum. However the subjects on which can carry a referendum are strictly framed by the constitution: it is about the organization of the public authorities, constitutional or not, of the authorization to ratify an international treaty, and since 1995, of the reforms relating to the social economic policy and of the Nation and the public services which contribute to it. The government or the assemblies can also propose to the Head of the State the organization of a referendum, but this one can refuse.
Attributions of the president in relation to the legal authority are they also very important. He is guaranteeing independence of the legal authority. He has the right of reprieve but he to the obligation to take before the opinion of the superior council of the magistrature. Moreover the decree of grace must be contresigned by the Prime Minister and the Minister for justice. In 1958, the president named the 9 members of the superior council of the magistrature, which enabled him to influence the legal authority largely. Since 1993, it names nothing any more but one of them. It names also three of the nine members of the constitutional council; it should be noted that the presidents of the Republic are at the exit of their mandate members of right of this council.
The president seizes full powerss then. He can take all the measurements required by the circumstances. The constitution does not fix any limit but article 16 specifies that these measurements must be inspired by the will to ensure the return to the normal within shorter times. The difficulty of control of the president in extraordinary period arises. Indeed, if the Parliament continues to meet, it does not have any power to control because the president is irresponsible in front of him. The president can however neither dissolve the National Assembly, nor to organize a referendum throughout all application of article 16.
Article 16 was applied only once, in 1961 after the putsch of the generals in Algiers. The situation was quickly restored but article 16 had been maintained for 5 months. Pierre Mazeaud, former president of the Constitutional council, the completely obsolete judge.
The characteristics of the mandate and the function presidential are defined by the Constitution of the Fifth Republic in articles 5 to 19. The place even of these articles in the fundamental text shows the new importance given to the function.
The prerogatives of the President of the Republic are is:
traditional Capacities (present before 1958):
new Capacities (specific to Ve):
internal Capacities:
In accordance with the constitution of Ve République, Alain Poher, then President of the Senate, also provided the president's functions of the Republic, in 1969 and 1974, at the time of vacations related on the resignation of Charles de Gaulle and the death of Georges Pompidou.
See also: List of the presidents of the French Republic
He is also large Master of the Légion of honor (more high ranking authority of the order).
Since 1629, the Head of the French State is Proto-canon of the Cathédrale Notre-Dame d' Embrun. This honorary title is automatically allotted to him, it is necessary for him however to come to take possession of its Stalle so that its distinction is effective. This honorary title was given for the first time to Louis XIII. The distinction does not bring any particular advantage, except a medal. The last President who came to claim this title is the De Gaulle general.
He is also honorary canon of the cathedral of Saint-Jean-with-Maurienne, since François Ier, which required this privilege during its invasion of the Savoy in 1536.
the President of the Republic is protective French Academy. For this reason, it receives all new academician, this audience being worth approval of its election. The Head of the State can in addition be opposed to the choice of the immortal ones.
the wages of the president was of 7.084 euros Net per month, until 2007. Since 2007 the clear monthly allowance is of 19.331 euros (per month). The " dotation" annual of the president, in 2007 was fixed at 101.488 euros in the bill.
Among the other presidential residences, one counts:
the Hotel of Marigny , beside, the place Elys3ee palace of reception of the foreign representatives.
the Castle of Rambouillet , usually opened with the visitors and from time to time seat of official meetings. Francois Fillon, Prime Minister, uses it in the place of the the Lantern (used it by Nicolas Sarkozy).
the national field of Marly-the-King , usually opened with the visitors and from time to time seat of official meetings.
the Field of Souzy-la-Briche , in the the Essonne, a simple private residence, currently affected with the Prime Minister in exchange of the Lantern
| Random links: | Albert Facon | The Boiler-Appalachian Mountains | Os scaphoïde | White Line Star | Green Line |