Chapter 3: The Executive power

Question 1

The goal 1958

Answer 1

• to give a central role to the president
  ⇒ Art 2: The President is the first institution mentioned in the constitution and this emphasizes the power of the president, then the power of the parliament has been reduced

Question 2

“A Parliament for What?”

Answer 2

• In 1969
• André Chandernargor
• he explains and describes the crisis of the parliament,
• linked to the weakness of the parliament has been a recurrent debate under the V rep.

Question 3

Michel debré speech

Answer 3

on August 19th, 1958

Question 4

Balladur Comity

Answer 4

• 2007
• adopted to propose a modification of the constitution
• on the modernization and rebalancing of the institutions of the V rep
• there is imbalance
• The idea is to strengthen the parliament
• Some of the proposals were adopted but still today the situation is the same.
• the mechanism of parliamentary power was rationalized ⇒ Crisis of legitimacy
• Some modification has reinforced the power of the president through the presidentialization of the regime.

Question 5

1962 modifications

Answer 5

• permitted the president to be elected by the people = more legitimacy.
• NA was elected the only democratic legitimate
  ⇒ pb: when de Gaulle used art 11 of the constitution = legislative referendum, so de Gaulle violated the constitution because he didn’t use a special procedure.
• The calendar is modified ⇒ you vote first for the president then for the assembly ⇒ important because that’s a way to make sure that the president will enjoy the majority.

Question 6

2000 modification

Answer 6

• modification of the mandat= 5 years, first you vote for the president then for the assembly
• The distinction between the role of the president and the role prime minister

Question 7

The ideas of Michel Debré= 2 different ways to see the president:

Answer 7

• Impartial referee abroad the political game = keystone
• Important players in the political game represent people
• enjoy legitimacy
• he is a factor in political life: the idea from de Gaulle

Question 8

In the constit these two visions of Debré are on the article:

Answer 8

• Article 5: the president ensures that the Constitution is respected
• Art 16: exceptional pw of the pres
• Art 11: referendum
• Art 13: the power of the president

Question 9

The most important article from constitution:

Answer 9

• Art 5
• Art 8
• Art 20
• Art 21

Question 10

Art 5

Answer 10

ensure the constit is respected, through his arbitration the regular functioning of rep authorities as well as the continuity of the states= referee

Question 11

Art 8

Answer 11

the president appoints the prime minister, and the president puts an end to the function of the prime minister when he presents the resignation of the government. The president appoints the other minister on the prime minister’s proposal.

Question 12

Art 20

Answer 12

the government determines and conducts the policy of the nation

Question 13

Art 21

Answer 13

the prime minister directs the action of the government:
- the government determines and conducts the policy of the nation
- the president makes sure of the functioning of public authorities
- different conception of the role of the president and the different relation b/w president and minister

Question 14

De Gaulle said

Answer 14

• the constitution is a practice and a spirit but here there is a conflict between both
• Comity add a paragraph in Art 5⇒ the president defines the policy of the nation
• Then they proposed to change Art 20
• the gov only conducted the policy
• those proposals weren’t adopted.

Question 15

The president under the third and the fouth rep

Answer 15

the president was elected by the parliament= lack of prestige

Question 16

In 1958 initially the president

Answer 16

• the presidentelected by a college of 800 electors (approximately)
• officials would vote for the candidate = elected politician
• Guarantee confidentiality
• The question of the primary election is whether a political party will select its candidate by official election

Question 17

the president in 1962

Answer 17

• De Gaulle has a strong opinion about de Gaulle’s legitimacy
• 1962 attentat du petit claymare= assassination attempt
• de Gaulle announced the reform of the constitution
• the election of the president of the rep
  ⇒ art 6 and 7.
  ⇒ Not the first time SUD in 1848 there was a president voted by the people.

Question 18

to Candidate

Answer 18

• Any French citizen
• over 18 years old (before it was 23)
• who enjoys civil and political rights
• need to be sponsored by an elected official

Question 19

Sponsors before

Answer 19

• Until 1976, it was required to have 100 sponsors coming from 10 departments.
• The purpose is to control the number of candidates, and they are serious enough.
• CC made remarks after 1974 and suggested modifying the number of sponsors because too many candidates, 500 sponsors from 20.

Question 20

The sponsors now

Answer 20

• Mayers, members of the parliament, a French member from the European Parliament, and members at the assembly from the departmental level…
• They can sponsor 1 candidate and windrow that sponsor, their name is published in JO.
• In 2016, before only 500 were sponsored, through a lottery, now all the names were published.

Question 21

The result of the sponsors procedure

Answer 21

• 1965 6candidates
• 1974 12 candidates
• 1981 10 candidates
• 2002 16 candidates
• 200712 candidates
• 2012 10 candidates
• 2017 11 candidates
• 2022 7 candidates.

Question 22

This sponsors system is criticized

Answer 22

• sponsors should have the right to be unknown,
• In 2012, Lepen qpc but CC rejected the request
• have only two candidates and more sponsors= 1000
• Give up this mechanism and replace it with a college of 100 000
• Need to have 1500 signatures from people

Question 23

Primary elections

Answer 23

• political parties would select their candidate
• in fact, pe has been rejected for a long time
• form of primary which allows them to choose = it would weaken the party and create conflict.
• Recently political parties used primaries to preselect their candidate

Question 24

Open primary:

Answer 24

only the members from the parliamentary can vote

Question 25

Close primary:

Answer 25

everyone can come and vote for the president, anyone could come and select the candidate by giving an amount and a signature.

Question 26

The Green Party and Les Républicains opened the primary election in 2007.
Mix results:

Answer 26

• The advantage is efficiency, members of the party feel they have power in selecting the candidate.
• The inconvenience of that mechanism is division, candidates who lose the primary are reluctant to support the winner.

Question 27

The voting method:

Answer 27

• The election takes place in two rounds, to be elected in the 1st round you must have the majority.
• If it’s not the majority, only two candidates who came in the first round are re-elected and become president
• the one the majority, 55 days after the first round.

Question 28

Art 58 constit

Answer 28

• Le CC is responsible for running the challenge presented by the rule on the challenges presented by voters
• After the ruling of this, the CC announced the result.
• Le CC has other power but he is the judge of the election.

Question 29

The Campaign 2 weeks before the 1st round

Answer 29

the principle equal of between the candidates, in particular access to media, they must have the same amount of time on TV, radio, etc.

Question 30

The commission that ensured the election:

Answer 30

• Arcom, a regulatory body = TV and Radio
• commission nationale de contrôle de la campagne électorale pour l’élection présidentielle
• ensure that the candidates benefits the same opportunity from the state during their campaign.

Question 31

equality rule

Answer 31

• Before the official campaign equity takes into account the representativeness of the candidate, which means
• the representativeness of a candidate based on the result of the previous election.
• Equity applies in speaking time and airtime documentaries about the candidate.
• They must have speaking time and the same appearance time.
• In France diff laws from 2011 1995, and 2017 have restricted rules concerning
• During THE campaign equality

Question 32

Campaigns rules

Answer 32

• Prohibited financing by foreign states
• Prohibited financing by the corporation
• The maximum amount from the individuals is 4600 euros, and not everyone on a natural person, a French person, or someone who lives in France
• Foreign states or a union bank can’t give money
• You have to tell precisely where your money is from and the nature of your expenses
• Account must be submitted to a national commission

Question 33

Sponsors in the USA

Answer 33

• In the US, funding an election is considered an exercise of free speech.
• You can use your freedom of speech as you want, and spend your money as you want to exercise your freedom of speech.

Question 34

what if the candidate doesn’t respect the sponsors rules

Answer 34

• reject a campaign account and the candidate loses the right to be reimbursed.
• If there are irregularities = can reduce the amount of public reimbursement
• You can appeal to the cc for this decision

Question 35

The term of the president can have a term when there is an obstacle during the exercise of presidential control:

Answer 35

• temporary: the president has his replacement the prime minister will preside over the minister council.
• Permanent: the CC declares it and then new elections.
• death/ removal/ resignation: the pres of the senate takes his head, then the gov.
• The interim president would have the same power as the president with exception: can’t dissolve the national assembly. Art 11 can’t be used, constitution modif can’t take place.

Question 36

The presidency can be interrupted when?

Answer 36

• The president is penalty responsible
  = Art 68 Constit: removal is pronounced by the Parliament reunited in high corps.
• the president isn’t politically responsible but the gov
• Art 67 and 68 Concerned the immunity of the president’s national primal court, the parliament can remove the immunity. During his mandate president
• is attachable = special citizen, however at the end of this term he becomes a normal citizen and can be the judge

Question 37

Exception of presidence removal

Answer 37

• The international criminal court can judge individuals for the most serious violation of international laws, the right to judge them.
• According to the constit= no immunity for the president
• according to international law 63.2 and can eventually be removed.
• Can be removed by the high court.
• The president is irresponsible: he can’t subject any criminal, but all limitation periods are suspended during the term of the office.
• Art 67: first paragraph about responsibility and inviolated in paragraph 2.

Question 38

The powers which do not require a countersignature

Answer 38

Art 19
Art 8 paragraph 1
Art 11 The referendum

Question 39

Art 19

Answer 39

act of the president other than docs provided in article 8, article 11; article 12, article 16, article 18, 54, 56, and 61 are countersigned by the minister.
That means that if powers give greater autonomy to the president, he doesn’t need countersignature.

Question 40

Art 8 al 1

Answer 40

• ” Appointment of the prime minister.”
• However, the limit is that he has to choose a minister who will have the support of the NA
• the minister = is responsible for the assembly.
• when there is cohabitation the freedom of the president is reduced
• some presidents insist they chose the prime minister even though he goes against his political ideas.

Question 41

Art 11 The referendum

Answer 41

• it is only for legislation I’ve measured even though Gaulle uses it for the constitution.
• It needs to be a proposal from the government or a joint proposal from the assembly
• the president can do a bill on the organization of public powers
• the ratification of treaties which would have an impact on the functioning of the constitution
• reform related to economic
• environmental or social needs.

Question 42

8 referendum

Answer 42

• 4 under Charles de Gaulle: the first about Algeria on 8 1961.
  Apr 8 1962 about the Evian agreement.
• 28 Oct 1962, the election pres through the SUD
• Apr 27 1969 referendum about region and state reform (negative), and this is why de Gaulle resigned
• Apr 23, 1972, European treaties
• 2 referendum under Mitterand
• Last under jaque chirac may 2005, constitution for europe (no)
  ⇒2 times ppl said no

Question 43

2008 new form of a referendum

Answer 43

the shared initiative referendum, means the organisation of a referendum through a process involving citizens and elected commission, you need ⅕ parliament and 1/10 of the voters registered, then you can organize a referendum in the subject mention in art 11.
⇒ never been used and critized because it’s too strict.

Question 44

Art 20 the dissolution:

Answer 44

mutual destruction, that decision is from the president but must seek the advice and the opinion of the prme minister, the president of the AN and The president of the Senate. He need to hear from then but doesn’t need to adopt their point of view.
No use of this article during interim president.

Question 45

Use of the dissolution

Answer 45

1st time in 1962 by Charle de Gaulle in response to a motion of censure against Pompidou. A reaction to the change of the parliament.
2nd use: In the crisis of 1968 De Gaulle dissolved the assembly
3rd: 1981
1997 by Jacque Chirac it was a dissolution for opportunistic reasons. The support for the gov went down and he wanted more support but he lost and cohabitated.

Question 46

Art 60

Answer 46

• origin in the crisis of 1994.
• He gives exceptional power to the president in times of crisis in certain conditions:
  1st: two cumulative conditions: there must be a serious and immediate threat affecting the institution of the republic the integrity of the territory, or the independence of the nation, or the execution of France’s international commitment.
  2nd: must be an interruption of the regular functioning of the constitutional public power.

Question 47

Power submitted by contre signature

Answer 47

All the other acts of the press are submitted to the countersignature of the prime minister or a minister. => The gov is responsible, he is endorsing he is the responsibility

Question 48

Minister Collegial power

Answer 48

The gov as a whole has power determined by constit
The gov can do actions :
- Can submit to the president a text for a referendum (proposal body)
- Decision making (meeting => council of ministers -> they take decisions)
- Intervene in the leg procedure
- the government has some tools and control

Question 49

prime Minister individual power

Answer 49

• leads the actions of the gov
• ensure arbitration between the various ministers? (dispirit)
• Has some tools (art 21 and 37 of the constit) => directly involved in the leg procedure
• Nature of the relationship prime min/ pres repose sur cohabitation or not (they can be in the same part of a cohabitation)