I.

THE ESTABLISHMENT AND POWER OF THE HEAD OF STATE:

F
rance was formed at the end of the 9th century, and by the end of the 14th
century, it became a unified country. In the 18th century, French
civilization developed brilliantly in Europe. In 1789, the French
Bourgeois Revolution broke out, creating an absolute monarchy. In 1791, the First
Republic was established. But soon after, Napoleon Bonaparte established an
empire and invaded European countries. In 1815, Napoleon I’s empire subsided,
and the Bourbon family returned to rule France. In 1848, the Bourbon dynasty was
re-established, and the Third Republic was established. During World War II,
France was occupied by Germany. After the war, France established the fourth and
fifth republics, whose main characteristics were centralized power in the hands of
the President.

The French Fifth Republic is a semi-presidential system. Unlike most other

European heads of state, the French president is quite powerful. Although the
Prime Minister of France, through their government as well as Parliament, oversees
much of the nation’s actual day-to-day domestic affairs, the French president
wields significant influence and authority:
1. Head of State: The president is the supreme magistracy of France, making this
position the highest office in the country.
2. Commander-in-Chief: As the head of the French Armed Forces, the president
has control over the military and defense matters.
3. Foreign Relations: The president negotiates with foreign powers and ratifies
treaties on behalf of France.
4. Referendums: The president can organize referendums to seek public opinion
on laws or constitutional changes.
5. Appointments and Representations:
o The president appoints French ambassadors to other states and accepts
credentials from ambassadors of other countries to France.
o The officeholder represents the sovereign authority of France.

The president's greatest power is the ability to choose the prime minister.
However, since it is the French National Assembly that has the sole power to
dismiss the prime minister's government, the president is forced to name a prime
minister who can command the support of a majority in the assembly.

CURRENT PRESIDENT:

The current president is Emmanuel Macron, who succeeded François

Hollande in 2017 and was inaugurated for a second term in 2022.

Emmanuel Jean-Michel Frédéric Macron (born 21 December 1977) is a

French politician who has been President of France since 2017. Macron is ex
officio one of the two Co-Princes of Andorra. He previously was Minister of
Economics, Industry and Digital Affairs under President François Hollande from
2014 to 2016, and as Deputy Secretary-General to the President from 2012 to 2014.
He is a founding member of Renaissance, a centrist political party.
II. THE STRUCTURE AND POWER OF THE PARLIAMENT:
1. Structure:

The French Parliament is the bicameral legislature of the French Fifth Republic,
consisting of the Senate and the National Assembly.

SENATE NATIONAL ASSEMBLY

Gérard Larcher, LR since Yaël Braun-Pivet, RE since
PRESIDENT
1 October 2014 28 June 2022
VOTING SYSTEM Indirect election Two-round system

Each assembly conducts legislative sessions at separate locations in Paris: the

Senate meets in the Palais du Luxembourg and the National Assembly convenes at
Palais Bourbon

Palais du Luxembourg Palais Bourbon

Each house has its own regulations and rules of procedure. However, occasionally
they may meet as a single house known as the Congress of the French Parliament
(Congrès du Parlement français), convened at the Palace of Versailles, to revise and
amend the Constitution of France.
 Château de Vesailles (joint session)
2. The Power:

Normally, the parliament meets for a single nine-month session each year but
under special circumstances the President of France can call an additional session.
Parliamentary power was limited after the establishment of the Fifth Republic;
however, the National Assembly can still cause a government to fall if an absolute
majority of the legislators votes for a motion of no confidence. As a result, the
government usually consists of members from the political party that dominates the
Assembly and must be supported by a majority there to prevent a vote of no-
confidence.

The Prime Minister and other government Ministers are appointed by the
President, who is under no constitutional or other mandatory obligation to make
governmental appointments from the ranks of the majority party in parliament.
This is a safeguard that was introduced by the founder of the Fifth Republic,
Charles de Gaulle, to attempt to prevent the disarray and horse-trading seen in the
parliamentary regimes of the Third and Fourth Republics; however, in practice the
prime minister and other ministers usually do belong to the majority party. A
notable exception to this custom occurred during Nicolas Sarkozy’s premiership
when he appointed socialist ministers and Secretary of State-level junior ministers
to his government. The rare periods during which the president is not from the
same political party as the prime minister are usually known as cohabitation. The
Cabinet of Ministers is led by the President rather than the Prime Minister.

The government (or, when it sits in session every Wednesday, the cabinet)
exerts considerable influence on the agenda of Parliament. The government can
link its term to a legislative text which it proposes, and unless a motion of censure
is introduced within 24 hours of the proposal and passed within 48 hours of
introduction – thus full procedures last at most 72 hours – the text is considered
adopted without a vote. However, this procedure was limited by a 2008
constitutional amendment. Legislative initiative rests with the National Assembly.

Legislators enjoy parliamentary immunity. Both assemblies have committees

that write reports on a variety of topics. If necessary, they can establish
parliamentary commissions of inquiry with broad investigative power. However,
this is almost never exercised because the majority can reject a proposition by the
opposition to create an investigatory commission. Also, such a commission may
only be created if it does not interfere with a judicial investigation, meaning that in
order to cancel its creation, one just needs to press charges on the topic concerned
by the investigatory commission. Since 2008, the opposition may impose the
creation of an investigative commission once a year, even against the wishes of the
majority. However, they still cannot lead investigations if there is a judicial case in
process already (or that starts after the commission is formed).

III. THE ESTABLISHMENT AND POWER OF THE GOVERNMENT:

The establishment and power of the government in France are shaped by

its constitution, which outlines the structure and functions of its institutions.The
Council of Ministers, the main executive organ of the government, was established
in the constitution in 1958. Its members meet weekly at the Élysée palace in Paris.
France operates under a semi-presidential system where power is divided between
the President, who is the head of state, and the Prime Minister, who is the head of
government.
The French government include:
1. President: The President is elected by universal suffrage for a five-year
term. They have significant powers in foreign policy, defense, and national
security. They appoint the Prime Minister, dissolve the National Assembly (lower
house of Parliament), and can call referendums.
2. Prime Minister: The Prime Minister is appointed by the President and is
responsible for implementing domestic policy. They lead the Council of Ministers
(Cabinet) and coordinate government actions.
3. Parliament: France has a bicameral Parliament consisting of the National
Assembly (Assemblée Nationale) and the Senate (Sénat). The National Assembly
members are elected directly by the people, while Senators are elected indirectly by
an electoral college. Parliament passes laws, debates policies, and exercises
oversight over the government.
4. Constitutional Council: This council ensures the constitutionality of laws
and protects individual rights. It reviews laws before they are promulgated and can
be seized by the President, the Prime Minister, the President of either chamber of
Parliament, or a group of 60 members of the National Assembly or 60 Senators.
5. Judiciary: The judiciary is independent and upholds the rule of law. It
interprets laws, settles disputes, and ensures justice is administered fairly.

France also has a system of local government with regions, departments, and
municipalities, each with its own elected officials and responsibilities.

Overall, the French government is characterized by a system of checks and

balances among its branches to prevent the concentration of power and ensure
democratic governance.
IV.RELATION BETWEEN THE PARLIAMENT AND THE GOVERNENT:

The relationship between the parliament and the government is crucial in

democratic systems of governance. In parliamentary democracies, such as the
United Kingdom, Canada, and India, the parliament and the government are
intricately connected but have distinct roles. Here's how their relationship typically
works:

1. Separation of Powers: In democratic systems, power is typically separated

into three branches: the legislative, the executive, and the judiciary. The parliament
represents the legislative branch, while the government represents the executive
branch.
2. Role of the Parliament: The parliament is the legislative body responsible

for making laws, scrutinizing the actions of the government, and representing the
interests of the people. It consists of elected representatives, such as Members of
Parliament (MPs) or Members of the Legislative Assembly (MLAs), who debate
and vote on proposed legislation.
3. Role of the Government: The government, led by the Prime Minister or a
similar head of state, is responsible for implementing laws, making policy
decisions, and administering the country. It is formed by the political party or
coalition that holds the majority of seats in the parliament.
4. Executive Accountability: The government is accountable to the parliament
for its actions and policies. Members of the government, including ministers, are
usually also members of parliament. They are required to answer questions from
MPs, participate in parliamentary debates, and justify their decisions and policies.
5. Confidence and Supply: In parliamentary systems, the government must
maintain the confidence of the parliament to remain in power. If the parliament
expresses a lack of confidence in the government, typically through a vote of no
confidence, the government may be forced to resign, leading to potential early
elections.
6. Legislative Process: The government proposes legislation, which is then
debated and scrutinized by the parliament. The parliament may propose
amendments to bills, and ultimately, it must approve them before they become law.
However, in some parliamentary systems, the government may have significant
influence over the legislative agenda.
7. Budgetary Control: One of the most important roles of the parliament is the
approval of the government's budget. The government must present its budget
proposals to the parliament for scrutiny and approval. This process ensures
transparency and accountability in the use of public funds.
 Overall, the relationship between the parliament and the government is
characterized by a system of checks and balances, with the parliament exercising
oversight over the government to ensure that it acts in the best interests of the
people and adheres to democratic principles.

V. THE FORM OF GOVERNMENT OF THAT STATE:

1. Form of state:

The politics of France take place with the framework of a semi-presidential

systemdetermined by the French Constitution of the French Fifth Republic. The
nation declares itself to be an "indivisible, secular, democratic, and social
Republic". The constitution provides for a separation of powers and proclaims
France's "attachment to the Rights of Man and the principles of National
Sovereignty as defined by the Declaration of 1789".

2. What is the Semi-presidential system?

A Semi-presidential system, or dual executive republic, is a republic in

which a president exists alongside a prime minister and a cabinet, with the latter
two being responsible to the legislature of the state. It differs from a parliamentary
republic in that it has an executive head of state; and from the presidential system
in that the cabinet, although named by the president, is responsible to the
legislature, which may force the cabinet to resign through a motion of no
confidence.

Parliament consists of the National Assembly and the Senate. It passes

statutes and votes on the budget; it controls the action of the executive through
formal questioning on the floor of the houses of Parliament and by establishing
commissions of inquiry. The constitutionality of the statutes is checked by the
Constitutional Council, members of which are appointed by the president of the
republic, the president of the National Assembly, and the president of the Senate.
Former presidents of the republic can also be members of the Council if they want
to (Valéry Giscard-d’Estaing and Jacques Chirac were the only former presidents
that participated into the council's work).