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France Flashcards

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1
Q

What is the legislative in France?

A

A bicameral parliament comprises of the National Assembly (lower chamber) and the Senate (upper chamber) Art. 24 French Constitution

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2
Q

How gets the National Assembly elected?

A

Directly elected by the people Art. 24 French Constitution for a term of 5 years Art. LO 121 Electoral Code electoral system: single-member constituencies with a run off Art. L 162, L 126 Electoral Code

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3
Q

How gets the Senate elected? Who does the Senate represent?

A

by a body of electors (ca. 150.000 electors) for 6 years, with half of the Senate reelected every 3 years and represents the French territorial subdivisions Art. 24 French Constitution

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4
Q

Who is head of state? Who is the head of government

A

The President is head of state. The Prime Minister is head of government. Art. 21 French Constitution. The President and Prime Minister operate side by side.

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5
Q

How gets the Prime Minister elected?

A

He doesn’t get elected. He gets appointed by the President. Art. 8 French Constitution

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6
Q

How is the President elected and for what term? Is his term renewable?

A

He gets directly elected via a run-off system for a term of 5 years. He can’t serve for more than 2 consecutive (nachfolgend) terms Art. 6, 7 French Constitution

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7
Q

Is the President accountable to Parliament?

A

No, not in sense of a confidence rule but the government is.

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8
Q

Is the Prime Minister accountable to Parliament?

A

Yes he is, in particular to the National Assembly Arts. 20, 49, 50 French Constitution

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9
Q

How can the Prime Minister/Government be removed?

A

By a vote of censure in the National Assembly Arts. 20, 49, 50 French Constitution or by the President if the Prime Minister tenders the government’s resignation Art. 8 French Constitution

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10
Q

Are Parliamentary legislative competences enumerated?

A

Yes Statutes listet in Art. 34 French Constitution are to be passed by the French Parliament. Those statutes are called “Lois”. Matters not reserved for parliament belong to the government Art. 37 French Constitution

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11
Q

Who can introduce bills?

A

The Prime Minister, the Members of the National Assembly and the Senate Art. 39 French Constitution

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12
Q

What is a vote bloqué?

A

The Government can ask for a vote bloqué whereby only amendments proposed or accepted by the government will be decided by a single vote on the whole or part of the debated text. Art. 44 French Constitution. “Take-it-or-leave-it option”

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13
Q

State form

A

Republic

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14
Q

Form of government

A

Semi-Presidential

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15
Q

State structure?

A

Decentralized unitary Art. 1 and Title XII French Constitution

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16
Q

Lower Chamber

A

National Assembly

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17
Q

Upper Chamber

A

Senate

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18
Q

Parliamentary motion of censure against executive?

A

Censure vote against government by qualified procedure in Nat. Ass.

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19
Q

Residual legislative power

A

Government

20
Q

Can upper chamber be overridden?

A

Yes, with exceptions

21
Q

Veto against bills by head of state?

A

No

22
Q

Concrete const. review of legislation

A

Yes, via referral to Const. Council

23
Q

Abstract constitutional review?

A

Review of bills by Const. Council

24
Q

Constitutional human rights catalogue?

A

No, but reference in preamble

25
Q

Effect international treaties?

A

Monism

26
Q

Supremacy of EU law over national law qualified?

A

Yes, by supremacy of Constitution

27
Q

Review by Court of Justice of the EU?

A

Yes, Art. 86-6 French Constitution

28
Q

Can one chamber override the other chamber in the legislative process?

A

No Bills must pass both Chambers to be adopted Art. 45 French Constitution

29
Q

In which chamber need a bill to be introduced first?

A

Prime Minister may choose in which chamber to introduce his bills but
bills dealing with France’s territorial subdivisions must first go to the Senate
finance and social security financing bills must first go to the National Assembly
Government and Government endorsed bills are set on the parliamentary agenda with priority Art. 48 French Constitution

30
Q

Who can amend bills?

A

The Members of Parliament and the Government Art. 44 French Constitution. But exception Art. 40, 41 French Constitution

31
Q

How can the government be brought down?

A

By a motion of censure Art. 49 French Constitution. A motion of censure can be tied by the government to a bill, when a bill is before the National Assembly but the procedure is limited to financial and social security bills to one bill per session.

32
Q

How is prevented that a bill is pushed through to hastily?

A

Extended waiting periods Art. 42 French Constitution

33
Q

Who can initiate a referendum?

A

The President on proposal of the government or joint proposal of the two chambers or the Parliament Art. 11 French Constitution

34
Q

Veto Power

A

The Parliament can veto certain presidential nominations Art. 13 French Constitution

35
Q

Who can declare war? The situation of emergency?

A

The Prime Minister is responsible for national defence Art. 21 French Constitution. A declaration of war is authorized by the Parliament Art. 35 French Constitution. The situation of emergency is regulated by a special statute Loi no. 55-385 , Art. 36-1 French Constitution

36
Q

What happens if the Senate and the National Assembly are in disagreement over a bill?

A

The bill is referred back and forth in a procedure called “navette” or “shuttle” until a compromise is found or the bill is abandoned. Or the Prime Minister can convene a joint committee after 2 unsuccessful readings in both chambers or if the government has declared the matter urgent, already after one reading Art. 45 French Constitution

But:

Financial bills must be ruled within 15 days. If after 70 days is no agreement the government may enact the bill by the way of government ordinance Art. 47 French Constitution

Social security financing bills:

37
Q

Who signs the Bills? Is there a veto?

A

The President must sign all bills within 15 days, he may request only on reconsideration of the bill in the parliament but he has no veto Art. 10 French Constitution

38
Q

Which bills have to be submitted to the Constitutional Council for a review of their constitutionality before enter into force?

A

E. g Bills for organic statutes Art. 61 French Constitution

39
Q

What is the main task of the Constitutional Council?

A

To check the validity of elections and referenda and to control the constitutionality of bills adopted by parliament before they enter into force.

40
Q

Can Statutes be checked on request? And who can make such an request?

A

yes. The President, the Prime Minister, the president of the National Assembly, the president of the Senate or a group of sixty members of the National Assembly/Senate Art. 61 French Constitution

41
Q

How does the Constitutional Council rule?

A

Within a period of 1 month or in cases of urgency on request of the government within 8 days Art. 61 French Constitution.

If the Council finds a violation of the Constitution the statute or the unconstitutional parts of it doesn’t enter into force Art. 62 French Constitution.

42
Q

If a bill is unconstitutional what can the actors in the lawmaking process do?

A

They can either pass a new bill that is constitutional, or abandoning the project or trying to amen the Constitution itself

43
Q

How can the President be removed?

A

When found incapacitated by the Constitutional Council Art. 7 French Constitution or in case of a breach of his duties by a 2/3 majority Parliament Art. 68 French Constitution but he is immune from criminal prosecution Art. 67 French Constitution

44
Q

Who can dissolve the National Assembly?

A

The President, but not more than once a year Art. 12 French Constitution

45
Q

When does the Prime Minister tender the government’s resignation?

A

Voluntarily of his own or after having been defeated in the National Assembly Art. 49 French Constitution

46
Q

Are the Members of the government criminal liable?

A

Yes in the Court of Justice of the Republic Art. 68-1 French Constitution

Government (6 decks)

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