Governments, parliaments and Heads of State

Question 1

What is the difference between head of state and head of government?

Answer 1

1. This distinction has historical origins:
   - The King was head of state
   - His government was made of ministers
   - He had one minister which coordinated the others. That minister became known as the prime minister or premier ministre, now the head of government
2. These functions are not always separated (like the US)

Question 2

What is parliamentary confidence?

Answer 2

The idea that the head of government must be supported by parliamentary majority. Otherwise, he (or the parliament) shall be replaced

Question 3

What are the functions of the Head of State?

Answer 3

1. Internal function – Work as a figurehead by remaining above day-to-day politics but add a measure of dignity to the state order (for the public and the media)
2. External function – By formal international representation of the state
3. Sometimes the head of state can also appoint and dismiss the members of cabinet

Question 4

What is parliamentary investiture?

Answer 4

1. Investiture is the process by which public power is conferred to someone
2. Parliamentary investiture is the process by which the parliament confers public powers to the head of government
3. This differs between republican and presidential systems:
   - In republican systems, the cabinet formation tends to be construed from the point of view of parliament, because of the need for popular representation. There is more parliamentary investiture
   - In presidential systems, usually the head of government has a mandate of his own

Question 5

What is ministerial accountability?

Answer 5

1. Whether or not the government is accountable to parliament
2. This differs between parliamentary and presidential systems:
   - In parliamentary systems, the cabinet is accountable to Parliament
   - In presidential systems, usually the cabinet is not tied to the Parliament, ministerial accountability does not exist.
3. Certain key concepts:
   - Ministers must inform parliament, justify conduct and remain subject to dismissal
   - The parliament has the right to ask questions, to conduct investigations and to censure ministers
   - This may be constitutional or conventional
   - Usually requires cooling-off periods, elevated majorities, the appointment of a new candidate…
   - If bicameral, accountability lies with the lower chamber
   - Can be individual or collective

Question 6

What is parliamentary scrutiny?

Answer 6

• Parliament checks the executive and exercises scrutiny:

• They can ask questions, be informed and receive relevant information
• Organize hearings, meetings and debates
• They can conduct formal inquiries, receive petitions (from the citizens)
• They can establish, appoint and work with an Ombudsman

Question 7

How does accountability and scrutiny work in the EU?

Answer 7

1. The Council is not directly elected and is not held accountable by any other institutions
2. It is extremely complicated to hold minsters accountable for EU actions
3. EU decision making is opaque, there is a democratic deficit

Question 8

What about the head of state? Who is it accountable to?

Answer 8

1. The head of state does not need to rely on parliamentary confidence
2. There are other ways, however, to limit the powers of the head of state so as to avoid an abuse:
   - Acts of the head of state are usually subject to countersignature
   - There is also impeachment procedure

Question 9

What about the parliament? Who is it accountable to?

Answer 9

1. The parliament needs to represent the will of the people
2. If it does not anymore, early elections can happen via dissolution of parliament
3. To break a political deadlock
4. For equality of arms:
   - The executive may dissolve parliament
   - Parliament may invoke the confidence rule and force the cabinet to resign
5. In republics:
   - More difficult because parliament is taken to represent the people and thereby it should not be dissolved by other institutions
   - The head of state cannot dissolve parliament because parliament is not constitutionally subordinate to the president
   - This also means that parliament cannot oust the president with a no-confidence vote

Question 10

US - What powers do the President have?

Answer 10

1. Heads the federal executive branch:
   - He appoints a cabinet of ministers but needs the advice and consent of the Senate for that
   - Same for Supreme Court and other federal judges
   - The President may dismiss ministers on his own
2. He is commander-in-chief of the armed forces
3. The President does not enjoy immunity during his term of office

Question 11

US - Can the President or the Vice-President be removed from office?

Answer 11

1. Neither are accountable to Congress!
2. The only way to remove them, ministers and other executive officers is via an impeachment procedure:
   - Quasi-criminal procedure for treason, bribery or other high crime or misdemeanour
   - House of Representative starts the impeachment procedure
   - The Senate tries the impeachment and requires a 2/3 majority of Senators present
   - To avoid loyalty conflicts, the Senate will be presided by the chief justice of the Supreme Court instead of the Vice-President

Question 12

US - Parliamentary scrutiny

Answer 12

1. Via scrutiny of policies and public hearings:
   - Both houses work with a system of committees which exercise supervision over the executive branch
   - They may quiz bureaucrats about the way they have spent their mover and their results as well as compel them to submit documents and information
2. By congressional legislative power and the power of the purse (by allocating or withdrawing government funding)

Question 13

GER - Who can declare war?

Answer 13

1. You cannot
2. Only state of defence:
   - Requires 2/3 of votes representing a majority of members in the Bundestag with the consent of the Bundesrat
   - The Chancellor will become commander in chief of the armed forces
3. Military missions abroad:
   - Require the consent of Parliament (in advance)

Question 14

GER - How is the President elected?

Answer 14

1. Once renewable 5 years term
2. By the Federal Convention:
   - All members of the Bundestag
   - Equal number of delegates elected by the parliaments of each State
   - Requires absolute majority of members
   - If not, 2nd ballot is held
   - If still not, 3rd ballot which only requires a relative majority

Question 15

GER - What are the powers of the President?

Answer 15

1. Ceremonial functions, mainly internationally
2. Appoints and dismisses minister, other functionaries and may grand pardons
3. Must refuse to sign legislation that violates the Basic Law
4. May dissolve the Bundestag

Question 16

GER - Can the President be removed from office?

Answer 16

1. Only in an impeachment-like procedure
2. For intentionally violating the Basic Law
3. By the Federal Constitutional Court
4. On the initiative of ¼ of Bundestag members and ¼ Bundesrat votes:
   - Later supported by 2/3 majority of Bundestag members and 2/3 majority of Bundesrat votes

Question 17

GER - How is the Chancellor elected?

Answer 17

1. Elected by the Bundestag, by absolute majority of members

2. Appointed by the President

Question 18

GER - Ministerial accountability

Answer 18

1. The Bundestag can oust the Chancellor:
   - Via a constructive vote of no confidence
   - By electing a new Chancellor
   - By absolute majority of members
   - There is a 48h cooling off period between the initiative and the vote
2. The President will appoint the newly elected Chancellor
3. The other ministers will be dismissed too
4. There is no individual vote of no confidence, it is necessarily against the whole cabinet

Question 19

GER - Relations between government and parliament

Answer 19

1. The government must keep parliament informed about EU policies and take into account its opinion
2. The Bundestag:
   - Must be informed on the conduct of affairs
   - May request the presence of government members
   - May address oral and written questions to the government
   - The government must clarify important political questions on the request of a parliamentary group or 5% of the members
   - ¼ of the members may establish an investigative committee to receive information and hear witnesses

Question 20

GER - Can the Chancellor ask a confidence question?

Answer 20

1. It must receive an absolute majority of members for the Chancellor to remain in office
2. Otherwise, the Chancellor may:
   - Stay in office
   - Ask the President to dissolve the Bundestag and call for early elections
3. The President may dissolve the Bundestag within 21 days unless the Bundestag has already elected a new Chancellor

Question 21

UK - What are the main characteristics of the King?

Answer 21

1. Hereditary monarchy – Male-preference primogeniture was replaced by absolute primogeniture
2. The King is stripped of the personal exercise of his discretionary powers and is constrained by the supremacy of Parliament and the discretion of the Prime Minister. He exercises a more symbolic role to show unity and continuity of the state
3. King gives royal assent to bills
4. Other powers are always used with the advice of the Prime Minister:
   - Appointment of new peers to the Lords
   - Conclusion of treaties
   - Military actions abroad
   - Appointment of judges to the Supreme Court

Question 22

UK - What are the main characteristics of the Prime Minister?

Answer 22

1. Head of government
2. Appointed by King, as leader of the majority party in the Commons
3. Selects which of his fellow parliamentarians will become ministers
4. Criticised as an ‘elected dictator’ but is in practice regulated by the opposition, his own party, the media and of course EU law

Question 23

UK - Parliamentary scrutiny

Answer 23

1. House of Commons:
   - Can ask parliamentary questions to the PM and the other ministers
   - Can hold a debate to discuss a specific, important and urgent matter if supported by 40 members
   - Committees are set up for regular scrutiny and to conduct investigations
   - Parliamentary Ombudsman
2. House of Lords can also ask questions

Question 24

UK - Can the PM be ousted by the House of Commons?

Answer 24

1. Yes, if the House of Commons passes a vote of no confidence
2. For ministers individually too
3. Usually ministers resign voluntarily or are reshuffled

Question 25

FR - Parliamentary confidence

Answer 25

1. The Prime Minister may make the passing of a bill a matter of the National Assembly’s confidence
2. The bill will be considered adopted unless the National Assembly brings down the whole government by a motion of censure
3. The procedure is limited to financial and social security bills and to 1 bill per session

Question 26

FR - War, military missions and emergency situations

Answer 26

1. Declaration of war must be authorized by Parliament
2. For military operations, parliament must only be informed:
   - If longer than 4 months, Parliament must give authorization
3. Situation of emergency can be declared by the Council of ministers:
   - If continued, the parliament must by informed of the measures taken

Question 27

FR - What are the main characteristics of the President?

Answer 27

1. Head of state
2. Elections:
   - 1st round must obtain absolute majority
   - 2nd round only the 2 best candidates participate and still requires absolute majority
   - 5 years, renewable once. So it matches the term of the National Assembly
3. Functions:
   - To represent France abroad
   - Conclude international treaties (but the important ones need parliamentary approval)
   - Appoint functionaries
   - Can grant individual pardons
   - Appoint the Prime Minister
   - Presides over the conseil des Ministres
   - Commander-in-chief of the armed forces
   - Far-reaching emergency powers
   - May dissolve the National Assembly but not more than once per year

Question 28

FR - Can the President be removed from office?

Answer 28

1. Yes, but only by impeachment
2. Procedure:
   - Parliament begins the process by 2/3 majority
   - The case goes to the High Court (constituted of member from both chamber and presided by the President of the National Assembly)
   - Must reach a decision within 1 month
   - By 2/3 majority

Question 29

FR - What are the main characteristics of the Prime Minister?

Answer 29

1. Head of government
2. Appointed by the President
3. Accountable to the National Assembly together with his government
4. Appoints ministers
5. Government members cannot also be parliamentarians but replacement is temporary

Question 30

FR - Ministerial accountability

Answer 30

1. The Prime Minister can make a statement or a policy a matter of parliamentary confidence, if the National Assembly rejects it, he must tender the government’s resignation
2. Motion of censure:
   - Signed by at least 1/10 members of the National Assembly
   - 48 hours cooling off period
   - Motion must pass by an absolute majority of members
   - The President may choose between appointing a new Prime Minister or dissolve the National Assembly
3. EU developments:
   - The Parliament must be kept informed
   - The government should not approve European drafts while Parliament is still considering them
4. The government will always be brought down as a whole, not against individual ministers

Question 31

FR - Parliamentary scrutiny

Answer 31

1. Members of government can be heard in both chambers
2. Half of the parliamentary time is reserved for government initiated legislation
3. 1 week out of 4 is reserved to control the action of the government
4. 1 day a month is reserved for the apposition
5. One meeting a week for the parliament to ask question to the government
6. Committees to collect information and conduct inquiries

Question 32

NL - Who can declare war?

Answer 32

1. The Parliament must give its consent in a joint session
2. For military missions abroad, the government must provide the Parliament with all the necessary information
3. Emergency situations are announced by the government and submitted to the Parliament which must consent to its continuation

Question 33

NL - Referendum

Answer 33

1. By popular request, after the adoption of a law:
   - At least 300 000 signatures
2. Within 6 months
3. If positive, the law will enter into force
4. If negative:
   - Voter turnout is lower than 30% - The procedure ends and the statute enters into force
   - Higher – A legislative proposal will be submitted by the government to repeal the statute
5. Only consultative, Parliament is not bound to it

Question 34

NL - What are the main characteristics of the King?

Answer 34

1. Hereditary:
   - Oldest legitimate child
2. Above political and legal pressures
3. Decisions are always countersigned by cabinet members
4. Functions:
   - Appoints ministers
   - Dissolves parliament
   - Appoint provincial governors
   - Consults with the Prime Minister weekly

Question 35

NL - Main characteristics of the Prime Minister

Answer 35

1. After the Second Chamber is elected, it will appoint a formateur:
   - The formateur will be appointed by the King as Prime Minister, countersigned by the (new) Prime Minister
   - The same goes for other ministers
2. Exercises command over the armed forces together with the government

Question 36

NL - Ministerial accountability

Answer 36

1. Ministers must answer parliamentary questions
2. Certain European measures (criminal matters) must have approval of the Chambers before the government can approve it
3. Ministers do not enjoy immunity unless it is a criminal act, for which they will be prosecuted after the left office

Question 37

NL - Vote of no confidence

Answer 37

1. Ministers may be forced to resign individually
2. No confidence:
   - Not bound to any formal conditions
   - May be tabled by a single member of the Second Chamber and supported by a simple majority
   - Does not necessarily require the resignation of the minister(s)
3. The cabinet will tender its resignation to the King:
   - The king may decide to have a new cabinet formed or to hold new elections
   - The fall of cabinet usually leads to the dissolution of the Second Chamber

Question 38

NL - Parliamentary scrutiny

Answer 38

1. Committees to monitor the government
2. Citizens may start an initiative to send to the Second Chamber
3. The Second Chamber appoint an Ombudsman

Question 39

EU - Lack of democratic input

Answer 39

1. Because most institutions are not elected:
   - Lack of accountability mechanisms
   - Although still most representatives are elected within the Member States
2. Solutions:
   - Protocol N.1 to involve national parliaments
   - Protocol N.2 to codify the principle of subsidiarity with the orange and the yellow card procedure
   - National law safeguards against their own government/representatives

Question 40

EU - Vote of no confidence

Answer 40

1. The Commission is accountable to the European Parliament:
   - Only as a whole
   - By 2/3 majority
   - 3 days cooling off period

Question 41

EU - Parliamentary scrutiny

Answer 41

1. Discussions between institutions

2. European Ombudsman