Chapter 4: the legislative Power

Question 1

The Legislative Power under the fifth rep

Answer 1

Conferred to the National Assembly and the Senate
Nuance: they can say that the law is unconstitutional
an > Senat =>seems fair cause ch elected directly by the people

Question 2

Candidate AN

Answer 2

• 18 y/o, a French citizen
• have civil and political rights
• The law adopted in January 2000 promotes equal access of women and men to elective mandate

Question 3

Equality between gender in AN?

Answer 3

• providing that political parties must present as equal as women, with the difference of 2 people.
• In 1992: a law to encourage equality, was rejected by CC.
• In 1999 same thing
• Now adopted cause constit has been modified to permit that law. The percentage of women went higher: in 2000 were 11 women, and in 2022 37%

Question 4

election AN

Answer 4

2 round:
- 1st round: you need an absolute majority of the voters half+1. Today, you need at least 12.5% registered in the area (not many people vote so they’re not legitimate). If you don’t have the majority or of 25% there is the 2nd round.
- 2nd round: candidates who have more than 12.5% in the first round, 3 or 4 candidates in s-this round in general.
- elected for 5 years

Question 5

the function of the parliament

Answer 5

Art 24 of the constitution:
- Vote laws
- Controle actions of the gov (responsibility)
- To access, to evaluate public policy

=The legislative power and control of the parliament.

Question 6

element of the legislative procedure

Answer 6

• Art 45 any bill is examined successively in the two assemblies
• How you start the process:
  The president with a bill (projet de loi)
  The initiative of a member of the assembly (proposition de loi)
• then there is the discussion= navette parlementaire

Question 7

What do you d if there is a disagreement between AN and Senate

Answer 7

Art 45 :
- If they want to do it urgently, they can invoke the joint committe faster (commission mixte paritaire)
- 7 senators and 7 members of NA
⇒ Mission are to propose a text on the provision remaining under discussion, to find a compromise.
- If they succeed the text would be created, it is proposed to the chambers and they have to vote.
- If there is still a disagreement, the national assembly has the last words.

Question 8

Once the law is adopted by parliament

Answer 8

The president will promulgate the law within 15 days.
Before they are adopted they are sent in the CC to be sure it conforms to the cc.
Then the law is published on the JO.

Question 9

the political responsibility of the government

Answer 9

A central element of the parliamentary regime.
Art 49/50 explains The political responsibility of the government.
The gov is accountable to the parliament in the conditions and following the procedure
The responsibility of the gov can only be activated according to the procedure mentioned in the constitution.

Question 10

Article 49.1

Answer 10

• the prime minister can decide a vote of confidence for the parliament.
• This is an option, not an obligation.
• CC in a decision Jan 12th, 1977: judge and consider that this form of responsibility is optional.
• a debate is organized and then there is a vote and confidence is granted or refused by an absolute majority of the vote.

Question 11

The motion of censure 49.2

Answer 11

• the national assembly questions the responsibility of the government by the vote of censure
• To submit you need at least 58 members of the assembly. Then 48 hours after there is the vote of the mention.
• Each member can do 3 mentions of censure and 1/ session. To avoid harassment from the government.
• Only one mention of censure was adopted in 1962 against George Pompidou
• It means that this procedure has become largely symbolic⇒ to express a mistrust or a restriction against the government even though there is a small chance it came to an end.

Question 12

49.3

Answer 12

• the engagement of the responsibility of the vote of a text.
• This mechanism allows the gov to transform the adoption of a bill into an issue of confidence.
• The gov may engage his responsibility on the text and
• pass it through the assembly without a vote, w/t a debate provided that the mention of censure succeeds.
• This engagement can happen at any time during the leg procedure and it can concern ALL or a part of the text.
• As soon as the responsibility of the gov is engaged, the debate on the text is stopped, and the text/ the bill will considered adopted unless a motion of censure is submitted and then voted.

Question 13

Three scenario of the 49.3

Answer 13

1° No motion of censure is adopted in 24 hours, it is considered to be adopted
2° A motion of censure is submitted and voted in 48 hours, but is rejected because no majority of the assembly⇒ law is adopted because of 49.3
3° after 48 hours the motion is adopted but there is a majority The government must resign

Question 14

limit of 49.3

Answer 14

AN, not the gov but this article is efficient for the gov. It is supposed to be limited for social security bill and budget bill and the gov can use it ONE TIME ONLY for another law.

Question 15

49.4

Answer 15

• prime minister has the power to ask the senate for the approval of a general policy statement
• to be approved: must obtain an absolute majority of the vote.
• If the vote is negative, the government is not required to resign.
• The first time the prime minister came, the government was not required to resile⇒ Inequality of the chamber, one has more power ( NA can overthrow the gov but not the senate)
  = inequality of the Senate and the government