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Constitutional amendments under the French Fifth Republic

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In France, the French constitution of 4 October 1958 was revised many times in its early years. Changes in this fundamental law have become more frequent since the 1990s. This has had two major causes: the desire to modernize public institutions on one hand, and adapting to the European Union and to international law on the other.

Overview

Amendment procedures

Article 89

For more details on this topic, see the French article Révisions constitutionnelles sous la Cinquième République.
The French constitution of 4 October 1958 provides for revisions.

The revision of the Constitution under Article 89 of the Constitution:

Constitutional revisions are initiated by the President of France on a proposal by the French Prime Minister and members of the French Parliament.

The project or the proposed revision should be ... passed by both houses with identical terms. The review is final after being approved by referendum.

However, the proposed revision is not submitted to referendum if the President of the Republic decides to submit it to Parliament convened in Congress; in this case, the proposed revision is approved only if it receives three-fifths majority of the votes cast.

...

No revision procedure may be commenced or continued which jeopardizes the integrity of the territory.

The republican form of government can not be revised.

Article 89 of the Constitution, version in force since 25 July 2008 (translated)

In its current form, article 89 and 42 state that "the plenary discussion of the draft constitutional amendment ... carries, on first reading to the first meeting, on the text submitted by the Government, and for further reading on the text sent by the other parliamentary branch" (and not on the text adopted by the committee as ordinary laws). Furthermore, "the discussion in meeting, first reading of a draft or a bill can only occur before the first assembly, until the expiration of a period of six weeks after filing. It can only occur before the second meeting at the expiration of a period of four weeks from the date of transmission."

The Constitutional Council declared itself incompetent to rule on a constitutional revision.[1]

Other ways to amend

Since the beginning of the French Fifth Republic, revisions have been adopted without using section 89.

  • The Constitutional Act of June 4, 1960 was adopted by a parliamentary vote according to original article 85 of the Constitution, which involved the Senate of the Community.
  • The Constitutional Act of November 6, 1962 was adopted, without any parliamentary procedure, through direct referendum by Article 11 of the French constitution. The use of this procedure to revise the Constitution has been strongly criticized, as the article text does not explicitly provide that it can be used to revise the Constitution.

When amendments are effective

Unless otherwise stated, the provisions of the constitutional laws come into force on the date of enactment.

However, some recent constitutional laws have provided a delayed effective date. The material content of the Constitution, in these cases, changes on different dates from those of other enactments of constitutional laws.

For example, the constitution act of 23 July 2008 provides in article 46 that some sections of the reform are effective on 1 March 2009 and others "under the conditions established by law and necessary for their implementing organic laws" (translated).[LC 1][TNote 1] Thus the old wording of certain articles remained in force for more than eighteen months after the constitutional amendment, while implementing laws were not all ready. This is notably the case of the establishment of referendums initiated by the parliament and supported by a part of the electorate, which is foreseen in the new version of Article 11.

The same constitutional amendment provides in Article 47 that certain amendments of the articles of the Constitution relating to the European Union come into force at the time Lisbon Treaty becomes effective.[LC 2] This occurred on 1 December 2009 and the new content of these articles came into force on that date.

The Constitutional Law of 1 March 2005 had planned similar provisions concerning entry into force of the Treaty establishing a Constitution for Europe,[LC 3] which have become obsolete due to the termination of the process of ratification of this Treaty.

Adopted amendments

All Amendments

The French Constitution of the Fifth Republic was revised twenty-four different times since 1958:

Date of Constitutional Law Reason for Revision Procedure
4 June 1960[LC 4] Independence of African Member States of the French Community old article 85
6 November 1962[LC 5] Direct election of President by universal suffrage article 11
30 December 1963[LC 6] Change the date of parliamentary sessions Article 89 (congress)
29 October 1974[LC 7] Extension of the right of referral to the Constitutional Council Article 89 (congress)
18 June 1976[LC 8] Changes the presidential election campaign rules Article 89 (congress)
25 June 1992[LC 9] Revisions to the ratification of the Maastricht Treaty: Economic and monetary union, European citizens to vote in French municipal elections, common visa policy, French language, organic laws for overseas territories, parliamentary resolutions on community acts[Note 1] Article 89 (congress)
27 July 1993[LC 10] Creation of the Court of Justice of the Republic and reforms to Supreme Council. Article 89 (congress)
25 November 1993[LC 11] International agreements on Asylum Article 89 (congress)
4 August 1995[LC 12] Expanding possibilities of using the referendum, single parliamentary session, development of parliamentary immunity, repeal of provisions relating to the French Community Article 89 (congress)
22 February 1996[LC 13] Law for financing of social security Article 89 (Congress)
10 July 1998[LC 14] New Caledonia Article 89 (congress)
25 January 1999[LC 15] Revisions to the ratification of the Amsterdam Treaty[Note 2] Article 89 (congress)
8 July 1999[LC 16] Provisions for recognizing the International Criminal Court Article 89 (congress)
8 July 1999[LC 17] Provisions for equality between women and men Article 89 (congress)
2 October 2000[LC 18] Quinquennat Article 89 (referendum)
25 March 2003[LC 19] European Arrest Warrant Article 89 (congress)
28 March 2003[LC 20] Decentralized organization of the Republic: local referendum, restriction on the administration of Communes (art. 72), experimentation by local government and local finance Article 89 (congress)
1 March 2005[LC 21] Revisions to the ratification of the Treaty establishing a Constitution for Europe[Note 3] Article 89 (congress)
1 March 2005[LC 22] Environmental Charter Article 89 (congress)
23 February 2007[LC 23] Electoral College of New Caledonia Article 89 (congress)
23 February 2007[LC 24] Criminal statute about the head of state Article 89 (congress)
23 February 2007[LC 25] Constitutionalisation of the abolition of the death penalty Article 89 (congress)
4 February 2008[LC 26] Revisions to the ratification of the Treaty of Lisbon.[Note 4] Article 89 (congress)
23 July 2008[LC 27] Important revision providing: Term limit of two terms for the President of the Republic, introduction of shared initiative referendum and priority question of constitutionality, information of Parliament by the Government in case of intervention of the armed forces abroad, changes in the operation of the Economic, Social and Environmental Council and the Supreme Judicial Council, creation of Defender of Rights, agenda of assemblies set by the assembly, deliberation in open session of the Parliament on the text adopted by the committee ... Article 89 (congress)

1962: Election of the President of the Republic by direct universal suffrage

Wanting to override the likely opposition of the Senate, De Gaulle revised the constitution by using Article 11, which allows the president to submit to referendum "any bill on the organization of government."[TNote 2] The legality of using this method is very questionable, as the Constitution provides mechanisms for its own review in section 89 (a referendum is possible, but only with the agreement of the parliament). It aroused intense political debate and legal controversy, and the formation of a secret group of votes against (cartel des non).[2][3]

However, the prestige of De Gaulle, the fact that the "yes" won with over 62% of the vote, and the fact that the Constitutional Council refuses to review the constitutionality of laws passed by referendum (as they are adopted by the people), allowed the implementation of this reform.

In practice, this reform has not only changed the method of electing the President, it has also significantly increased its powers by giving it a popular legitimacy not shared by the Prime Minister. For example, the President could, except in periods of cohabitation, ask the prime minister to resign, which is not provided in the texts. We can therefore speak of a second birth of the 5th Republic.

1974: Reform of the method of referral to the Constitutional Council

Background

The Constitutional Council was intended by Michel Debré and Charles de Gaulle to be a gun against the Parliament, as part of a rationalized parliamentary strategy. Thus, the Commission's role was primarily to enforce Article 34 of the Constitution, limiting the encroachments of the parliament and, in contrast, creating a strong and independent executive. However, the Constitutional Decision No 71-44 of DC July 16, 1971 Freedom of Association gave a new place to the Constitutional Council.

Review

Because of this, the Constitutional Council needed reform. Valéry Giscard d'Estaing, newly elected President of the Republic, wanted to expand the ability to refer legislation to the Constitutional Council to members of parliament (60 deputies or 60 senators), allowing a large enough opposition to refer legislation the Constitutional Council and so ensure compliance with the Constitution.

He also wanted the Constitutional Council to be able to take the initiative to review legislation that they claimed infringed on civil liberties guaranteed by the preamble or the body of the Constitution,[4] so that every law would actually be consistent with the Constitution. Indeed, in the absence of the political will for a parliamentary referral, a law contrary to the Constitution can enter into force. The National Assemble, however, prevented this provision, especially because it could "lead almost inevitably to the Council using it to prejudge the decision they will have to take"(translated).[5][TNote 3] if they had already said they would choose to review a law.

Consequences

The constitutional revision of 1974, though it was called a "small reform" when it was voted on by Congress, has profoundly upset French political action, better ensuring the superiority of the Constitution over the laws. There were 54 constitutional decisions between 1958 and 1975, there were more than 200 in the next 15 years, between 1975 and 1990. However, the problem of referral remained unresolved: it was still possible today to see a law contrary to the Constitution coming into force, with the excesses that it could carry. An independent referral to the parliamentary and executive power seemed essential, as was the case in Germany or Spain. Since March 2010, the Priority Question of Constitutionality opened ability to refer legislation to any person who, in the course of a proceeding, challenges the constitutionality of a statutory provision. This referral allows, after being filtered by the Supreme Court of jurisdiction, (Court of Cassation or Council of State) to ask the Constitutional Council to repeal this provision, if it is contrary to a right or freedom that Constitution guarantees.

1992: Maastricht Treaty

Further information: Maastricht Treaty

This amendment was intended to make the Constitution compatible with the Treaty on European Union .

2000: The Quinquennat

Further information: Quinquennat

The five-year term of office was presented for the first time on 10 September 1973 by George Pompidou. The text was passed in identical terms by the National Assembly and the Senate, but was not submitted to Congress for final approval,[6] the President of the Republic does not continue the action, as he could not muster the required three-fifths majority in Congress and resistance to his project.[7][8]

The bill of 2000 is the first constitutional amendment submitted to referendum pursuant to section 89 of the Constitution. After 73% of "yes" votes on 24 September 2000, it passed on October 2. It limited the term of French presidents to five years, but was not applied to the president, Jacques Chirac, who was elected in 1995 for seven years. The main motivation for this revision was to avoid cohabitation, by matching the term of office of the President with the Deputies. Indeed, when the parliamentary majority did not support the President, he was forced to appoint a hostile prime minister as a minister of his party would be likely to be reversed by the National Assembly.

2005: Environmental charter

The Constitution includes in its preamble, since 1 March 2005, an environmental charter of 10 articles, at the request of President of the Republic Jacques Chirac.

2008: Ratification of the Treaty of Lisbon

For the subsequent ratification of the Treaty of Lisbon, a revision of Title XV of the Constitution was passed by Congress on February 4, 2008, by 560 votes against 181. The Constitutional Law was issued on the same day.[LC 26]

The amendments to the Constitution endorse the transfer of sovereignty listed in the Treaty of Lisbon by direct reference to the text. Thirty areas covered so far by the unanimity rule as the common agricultural policy or criminal justice, now will require a vote of a supermajority.

In terms of institutional functioning, changes reflected in constitutional terms relating to the powers granted to national parliaments.

As of the entry into force of the Lisbon Treaty, Title XV of the Constitution will be amended according to Article 2 of the Constitution Act.

Article 3 of the Constitution Act revokes the provisions of Article 3 of the Constitutional Law No. 2005-204 of 1 March 2005 which amended Title XV of the Constitution "from the entry into force of this Treaty": these constitutional provisions are not in force and are now devoid of purpose.

2008: Institutional reform

Further information: French constitutional law of 23 July 2008

In continuation of the work of the "Balladur" committee Parliament met in Congress and adopted on 21 July 2008 a constitutional amendment that creates or amends 47 articles of the Constitution: articles 1, 3, 4, 6, 11, 13, 16, 17, 18, 24, 25, 34, 34-1 (new ), 35, 38, 39, 41, 42, 43, 44, 45, 46, 47, 47-1, 47-2 (new), 48, 49, 50-1, 51-1 (new), 51-2 (new), 56, 61, 61-1 (new), 62, 65, 69, 70, 71, 71-1 (new), 72-3, 73, 74-1, 75-1 (new), 87 (new), 88-4, 88-5, 89. The vote was 539 votes in favor acquired with the adoption threshold is 538 votes, or two-thirds of the votes cast.[9]

Abandoned or Unratified Amendments

In 1969, Charles de Gaulle had a bill on the creation of the regions and on the renovation of the Senate.[PLC 1] Adopted by both houses, the referendum of April 27, 1969 rejected (52.4% no, Charles de Gaulle, taking note of the refusal of the French people, immediately resigned). Regionalization was finally put into place via legislation, notably in 1972 and a 2003 constitutional revision which constitutionalized the region.[LC 20]

In 1974, Valéry Giscard d'Estaing, seeking to amend Article 25 of the Constitution to make the rules of the dual office holding between a parliamentary office and functions of government.[PLC 2] The project was approved by both chambers but the president did not pursue the matter further.

In 1984, François Mitterrand wanted to expand the scope of the referendum from Article 11 to extend the basic guarantees of civil liberties[PLC 3] The bill was passed by the National Assembly but rejected by the Senate.

Referral to the Constitutional Council by citizens in the framework of the institution of constitutional review by exception was first presented by François Mitterrand in 1990 the bill[PLC 4] was approved by the National Assembly, as amended by the Senate and eventually withdrawn by the Government. A new bill,[PLC 5] introduced in 1993, was abandoned after deliberation by the Senate. Finally, the priority question of constitutionality was introduced to the article 61-1 de la constitution|Article 61-1 of the Constitution by section 29 of the Act Constitution of 23 July 2008.

In 1998, Jacques Chirac undertook to reform the Supreme Judicial Council. Filed on 15 April 1998, the bill was adopted by both houses on 18 November 1998.[10] The bill was not presented to Congress. However, the composition of the said Council would be reformed via the constitutional amendment of July 23, 2008.[11]

Jacques Chirac presented a bill about French Polynesia and New Caledonia. Filed on 26 May 1999, it was adopted by both houses on October 12. The decree of 3 November 1999[PLC 6] intending to submit these two bills in the Parliament in Congress January 24, 2000, but was removed from consideration by the decree of the President of the Republic of 19 January 2000. Later these collectivities will be globally affected by the constitutional revision of 28 March 2003 on the decentralized organization of the Republic. New Caledonia would then be covered by the constitutional amendment of February 23, 2003 for its constituency and French Polynesia, the Organic Act No. 2004-192 of 27 February 2004 concerning the autonomy of French Polynesia.[LO 1]

In 2011, Nicolas Sarkozy wished to include in the Constitution rules providing for a gradual return to a balanced budget, called "Golden Rule", which was passed by both houses on second reading by the Senate July 11, 2011 and third reading in identical terms by the National Assembly July 13, 2011.[PLC 7] Due to the inability to raise the necessary three-fifths majority in Congress, President Nicolas Sarkozy abandoned this amendment, hoping to resume if re-elected, which was not the case.[12] Finally, Parliament adopted, in November 2012, a simple organic law which takes the idea of the Golden Rule[LO 2]

On 13 March 2013, under the chairmanship of François Hollande four bills are presented in the Council of Ministers:

The Government wanted Congress to meet in July, but due to time and an insufficient majority, only one bill was discussed in Parliament (the one on the High Judicial Council) where the Senate had cleared the bill of its content. Following this, the Government was forced to postpone revisions.[13]

Study groups on the constitutional amendments

Several committees have been formally constituted to formulate proposals to overhaul governmental institutions:

  • Vedel Commission, chaired by Professor of Public Law Georges Vedel in 1993. Although there were no immediate results, his work were used for study and reforms that followed, particularly in 1995 and 2008.
  • Truche Commission in 1997, led by Pierre Truche, first president of the Court of Cassation, responsible for a study on reform to Supreme judicial council.[14] The constitutional amendment proposed in 1998 as a result of his work did not succeed. The study will be repeated in 2007 and would be presented in part during the constitutional revision of July 2008.
  • The Avril Commission, chaired by Professor of Public Law Pierre Avril, in 2002, invited comments on the criminal status of the President of the Republic.[15] This work would inspire in part the constitutional revision of February 23, 2007.
  • Committee discussion and proposals on the modernization and consolidation of institutions, or "Balladur commission", was chaired by former Prime Minister Edouard Balladur in 2007. The constitutional amendment resulting from the findings of the committee was adopted by the Congress on July 21, 2008.
  • The Veil Commission, chaired by former minister and magistrate Simone Veil In 2008, asked to rule on whether to introduce new rights in the preamble of the Constitution.[16] The commission finally considered a single addition to Article 1} of the Constitution to include a reference to a principle of "equal dignity of everyone"[16]
  • Commission on renewal and ethics in public life, called "Jospin commission", chaired by former Prime Minister Lionel Jospin, was charged in 2012 to propose a reform of public life. It makes 35 propositions on the presidential election, Parliament, limiting which public offices can be held at the same time, the jurisdictional status of the executive and the prevention of conflicts of interest.

Notes

  1. ^ the Maastricht Treaty was ratified in accordance with No. 92-1017 of 24 September 1992 authorizing the ratification of the Maastricht Treaty, itself approved by referendum on September 20, 1992
  2. ^ The Amsterdam Treaty is ratified according to Law No. 99-229 of 23 March 1999 authorizing the ratification of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts.
  3. ^ The Treaty establishing a Constitution for Europe has not been ratified by France after the "nays" won the referendum of May 29, 2005. Thus, amendments to bring the constitution into compliance with the Treaty (Article 3 of the Constitution Act) never entered into force.
  4. ^ The Treaty of Lisbon was ratified following Act No. 2008-125 of 13 February 2008 authorizing the ratification of the Treaty of Lisbon amending the Treaty on European Union, the Treaty establishing the European Community and certain related acts

Constitutional laws cited

  1. ^ "LOI constitutionnelle n°2008-724 du 23 juillet 2008 - Article 46" [Constitutional LAW n°2008-724 of 23 July 2008 - Article 46] (in French). LegiFrance. 23 July 2008. Retrieved 15 November 2014.
  2. ^ "LOI constitutionnelle n°2008-724 du 23 juillet 2008 - Article 47" [Constitutional Law n°2008-724 of 23 July 2008 - Article 47] (in French). LegiFrance. 23 July 2008. Retrieved 15 November 2014.
  3. ^ "Loi constitutionnelle n°2005-204 du 1 mars 2005 modifiant le titre XV de la Constitution". LegiFrance. 15 November 2014. Retrieved 15 November 2014.
  4. ^ "Fac-similé JO du 08/06/1960, page 05103" [Copy of Journal Official de la Republic Français of 08.06.1960, page 05103] (in French). LegiFrance. 8 June 1960. Retrieved 15 November 2014.
  5. ^ "Fac-similé JO du 07/11/1962, page 1076" [Copy of Journal Official de la Republic Français of 11/7/1962, page 05103] (in French). LegiFrance. 11 July 1962. Retrieved 15 November 2014.
  6. ^ "Fac-similé JO du 31/12/1963, page 11892" [Copy of Journal Official de la Republic Français of 12/30/1963, page 11892] (in French). LegiFrance. 30 December 1963. Retrieved 15 November 2014.
  7. ^ "Fac-similé JO du 30/10/1974, page 11035" [Copy of Journal Official de la Republic Français of 10/30/1974, page 11035] (in French). LegiFrance. 15 November 2014. Retrieved 15 November 2014.
  8. ^ "Fac-similé JO du 19/06/1976, page 03675" [Copy of Journal Official de la Republic Français of 6/19/1976, page 03675] (in French). LegiFrance. 19 June 1976. Retrieved 15 November 2014.
  9. ^ "LOI constitutionnelle n° 92-554 du 25 juin 1992 ajoutant à la Constitution un titre: "Des Communautés européennes et de l'Union européenne"" [Constitutional LAW No. 92-554 of 25 June 1992 adding to the Constitution the title: "The European Communities and the European Union"] (in French). LegiFrance. 25 June 1992. Retrieved 15 November 2014.
  10. ^ "Loi constitutionnelle n°93-952 du 27 juillet 1993 portant révision de la Constitution du 4 octobre 1958 et modifiant ses titres VIII, IX, X et XVI" [Constitutional law no 93-952 of 27 July 1993 amending the Constitution of 4 October 1958 and changing its title VIII, IX, X and XVI] (in French). LegiFrance. 27 July 1993. Retrieved 15 November 2014.
  11. ^ "Loi constitutionnelle n°93-1256 du 25 novembre 1993 relative aux accords internationaux en matière de droit d'asile" [Constitutional law no 93-1256 of 25 November 1993 relating to international agreements on asylum] (in French). LegiFrance. 25 November 1993. Retrieved 15 November 2014.
  12. ^ "LOI constitutionnelle no 95-880 du 4 août 1995 portant extension du champ d'application du référendum, instituant une session parlementaire ordinaire unique, modifiant le régime de l'inviolabilité parlementaire et abrogeant les dispositions relatives à la Communauté et les dispositions transitoires" [Constitutional LAW No. 95-880 of 4 August 1995 extending the scope of the referendum establishing a single ordinary parliamentary session amending the system of parliamentary immunity and repealing provisions relating to the Community and transitional provisions] (in French). LegiFrance. 4 August 1995. Retrieved 15 November 2014.
  13. ^ "LOI constitutionnelle no 96-138 du 22 février 1996 instituant les lois de financement de la sécurité sociale" [Constitutional LAW No. 96-138 of 22 February 1996 establishing laws for financing social security] (in French). LegiFrance. 22 February 1996. Retrieved 15 November 2014.
  14. ^ "LOI constitutionnelle no 98-610 du 20 juillet 1998 relative à la Nouvelle-Calédonie" [Constitutional LAW No. 98-610 of 20 July 1998 on New Caledonia] (in French). LegiFrance. 10 July 1998. Retrieved 15 November 2014.
  15. ^ "LOI constitutionnelle no 99-49 du 25 janvier 1999 modifiant les articles 88-2 et 88-4 de la Constitution" [Constitutional LAW No. 99-49 of 25 January 1999 amending sections 88-2 and 88-4 of the Constitution] (in French). LegiFrance. 25 January 1999. Retrieved 15 November 2014.
  16. ^ "LOI constitutionnelle no 99-568 du 8 juillet 1999 insérant, au titre VI de la Constitution, un article 53-2 et relative à la Cour pénale internationale" [Constitutional LAW No. 99-568 of 8 July 1999 inserting into Title VI of the Constitution, an article 53-2 relative to the International Criminal Court] (in French). LegiFrance. 8 July 1999. Retrieved 15 November 2014.
  17. ^ "LOI constitutionnelle no 99-569 du 8 juillet 1999 relative à l'égalité entre les femmes et les hommes" [Constitutional LAW No. 99-569 of 8 July 1999 on equality between women and men] (in French). LegiFrance. 8 July 1999. Retrieved 15 November 2014.
  18. ^ "LOI constitutionnelle no 2000-964 du 2 octobre 2000 relative à la durée du mandat du Président de la République" [Constitutional ACT No. 2000-964 of 2 October 2000 on the term of office of President of the Republic] (in French). LegiFrance. 2 October 2000. Retrieved 15 November 2014.
  19. ^ "Constitutional law no 2003-267 of 25 March 2003 on the European arrest warrant". LegiFrance. 15 November 2014. Retrieved 25 November 2014.
  20. ^ a b "LOI constitutionnelle n° 2003-276 du 28 mars 2003 relative à l'organisation décentralisée de la République" [Constitutional LAW No. 2003-276 of 28 March 2003 on the decentralized organization of the Republic] (in French). LegiFrance. 28 March 2003. Retrieved 16 November 2014.
  21. ^ "LOI constitutionnelle n° 2005-204 du 1er mars 2005 modifiant le titre XV de la Constitution" [Constitutional LAW No. 2005-204 of 1 March 2005 amending Title XV of the Constitution] (in French). LegiFrance. 1 March 2005. Retrieved 16 November 2014.
  22. ^ "LOI constitutionnelle n° 2005-205 du 1er mars 2005 relative à la Charte de l'environnement" [Constitutional LAW No. 2005-205 of 1 March 2005 on the Environmental Charter] (in French). LegiFrance. 1 March 2005. Retrieved 16 November 2014.
  23. ^ "LOI constitutionnelle n° 2007-237 du 23 février 2007 modifiant l'article 77 de la Constitution" [Constitutional LAW No. 2007-237 of 23 February 2007 amending Article 77 of the Constitution] (in French). LegiFrance. 23 February 2007. Retrieved 16 November 2014.
  24. ^ "LOI constitutionnelle n° 2007-238 du 23 février 2007 portant modification du titre IX de la Constitution" [Constitutional LAW No. 2007-238 of 23 February 2007 amending Title IX of the Constitution] (in French). LegiFrance. 23 February 2007. Retrieved 16 November 2014.
  25. ^ "LOI constitutionnelle n° 2007-239 du 23 février 2007 relative à l'interdiction de la peine de mort" [Constitutional LAW No. 2007-239 of 23 February 2007 on the prohibition of the death penalty] (in French). LegiFrance. 23 February 2007. Retrieved 16 November 2014.
  26. ^ a b "LOI constitutionnelle n° 2008-103 du 4 février 2008 modifiant le titre XV de la Constitution" [Constitutional LAW No. 2008-103 of 4 February 2008 amending Title XV of the Constitution] (in French). LegiFrance. 4 February 2008. Retrieved 16 November 2014.
  27. ^ "Loi constitutionnelle n° 2008-724 du 23 juillet 2008 de modernisation des institutions de la Ve République" [Constitutional Act No. 2008-724 of 23 July 2008 on the modernization of the institutions of the Fifth Republic] (in French). LegiFrance. 23 July 2008. Retrieved 16 November 2014.

Proposed constitutional laws cited

  1. ^ "Lettre du Premier ministre au Président de la République" [Letter from the Prime Minister to the President of the Republic] (in French). Sénat. 2 April 1969. Retrieved 16 November 2014.
  2. ^ "Projet de loi constitutionnelle portant révision de l'article 25 de la Constitution" [Constitutional bill revising Article 25 of the Constitution] (in French). Sénat. 27 September 1974. Retrieved 16 November 2014.
  3. ^ "Projet de loi constitutionnelle portant révision de l'article 11 de la Constitution pour permettre aux Français de se prononcer par référendum sur les garanties fondamentales en matière de libertés publiques" [Constitutional bill revising Article 11 of the Constitution to allow the French to vote in a referendum on basic guarantees of civil liberties] (in French). Sénat. 20 July 1984. Retrieved 16 November 2014.
  4. ^ "Projet de loi constitutionnelle n°1203 portant révision des articles 61, 62 et 63 de la Constitution" [Constitutional Bill No. 1203 amending articles 61, 62 and 63 of the Constitution] (in French). Sénat. 29 March 1990. Retrieved 16 November 2014.
  5. ^ "Projets de lois constitutionnelles de 1993" [Draft constitutional laws 1993] (in French). Sénat. 10 March 1993. Retrieved 16 November 2014.
  6. ^ "DECRET du 3 NOVEMBRE 1999 TENDANT A SOUMETTRE DEUX PROJETS DE LOI CONSTITUTIONNELLE AU PARLEMENT REUNI EN CONGRES" [DECREE of November 3, 1999 PRELIMINARILY SUBMIT TWO BILLS IN PARLIAMENT MET IN CONGRESS] (in French). LegiFrance. 3 November 1999. Retrieved 16 November 2014.
  7. ^ "Dossiers législatifs - Projet de loi constitutionnelle relatif à l'équilibre des finances publiques" [Legislative matters - Draft Constitutional Law on Fiscal Balance] (in French). LegiFrance. 12 July 2011. Retrieved 16 November 2014.
  8. ^ "Dossiers législatifs - Projet de loi constitutionnelle relatif à la responsabilité juridictionnelle du Président de la République et des membres du Gouvernement (PRMX1306705L)" [Legislative matters - Draft Constitutional Law on the legal responsibility of the President of the Republic and members of the Government (PRMX1306705L)] (in French). LegiFrance. 15 March 2013. Retrieved 16 November 2014.
  9. ^ "Dossiers législatifs - Projet de loi constitutionnelle portant réforme du Conseil supérieur de la magistrature (PRMX1306704L)" [Legislative matters - Draft Constitutional Law Reform Higher Judicial Council (PRMX1306704L)] (in French). LegiFrance. 4 July 2013. Retrieved 16 November 2014.
  10. ^ "Dossiers législatifs - Projet de loi constitutionnelle relatif aux incompatibilités applicables à l'exercice des fonctions gouvernementales et à la composition du Conseil constitutionnel (PRMX1306702L)" [Legislative matters - Draft Constitutional Law on incompatibilities applicable to the exercise of governmental functions and composition of the Constitutional Council (PRMX1306702L)] (in French). LegiFrance. 15 March 2013. Retrieved 15 November 2014.
  11. ^ "Dossiers législatifs - Projet de loi constitutionnelle relatif à la démocratie sociale (PRMX1306701L)". LegiFrance. 13 March 2013. Retrieved 16 November 2014.

Organic Laws Cited

For more information on organic law, see the article Organic law.
  1. ^ "Loi organique n° 2004-192 du 27 février 2004 portant statut d'autonomie de la Polynésie française" [Organization Act No. 2004-192 of 27 February 2004 autonomous status of French Polynesia] (in French). LegiFrance. 27 February 2004. Retrieved 16 November 2014.
  2. ^ "LOI organique n° 2012-1403 du 17 décembre 2012 relative à la programmation et à la gouvernance des finances publiques" [Organic LAW 2012-1403 of 17 December 2012 on the programming and management of public finances] (in French). LegiFrance. 17 December 2012. Retrieved 16 November 2014.

References

  1. ^ "Décision n° 2003-469 DC du 26 mars 2003" [Decision No. 2003-469 DC of 26 March 2003] (in French). LegiFrance. 26 March 2003. Retrieved 15 November 2014.
  2. ^ Collective (27 October 2014). Parlement[S] 2014-1 Revue d Histoire Politique 21 [Parliament [S] 2014-1 Journal of Policy History 21] (in French). Classiq Garnier. ISBN 978-2812430039.
  3. ^ Rioux, Jean-Pierre; Poncelet, Christian; Berstein, Serge; Le Béguec, Gilles (1 Jan 2005). Parlements, N° hors-série 2004 : Changer de République ? (1962-2004) : Histoire et perspectives [Parliaments, No. Special Issue 2004: Change the Republic? (1962-2004): History and Prospects] (in French). Armand Colin. ISBN 978-2200909918.
  4. ^ "Projet de loi constitutionnelle portant révision de l'article 61 de la Constitution. (A.N. n° 1181 - 27 septembre 1974)" [Draft constitutional amendment of Article 61 of the Constitution Act. (A. N. No. 1181-27 September 1974)] (in French). Sénat de la France. 27 September 1974. Retrieved 16 November 2014.
  5. ^ "Rapport n° 1190, Assemblée Nationale, Constitution du 4 Octobre 1958" [Report No. 1190, National Assembly, Constitution of October 4, 1958] (in French). LegiFrance. 3 October 1974. Retrieved 16 November 2014.
  6. ^ "Les présidents qui ont reculé" [Presidents who failed]. Le Point.fr (in French). 17 July 2008. Retrieved 16 November 2014.
  7. ^ "En 1973, Pompidou renonce au quinquennat" [In 1973, Pompidou renounces the quinquennat]. Le Figaro (in French). 29 May 2008. {{cite journal}}: |access-date= requires |url= (help)
  8. ^ Jeanneney, Jean-Marcel (13 October 1973). "Contre le quinquennat" [Against the quinquennat]. Le Monde (in French). {{cite journal}}: |access-date= requires |url= (help)
  9. ^ "Scrutin public surle projet de loi constitutionnelle de modernisation des institutions de la Ve République" [Public poll on the surle bill of constitutional modernization of institutions of the Fifth Republic] (in French). Assemblée Nationale. Retrieved 16 November 2014.
  10. ^ "Projet de loi constitutionnelle TA n° 23 relatif au Conseil supérieur de la magistrature" [Constitutional Law TA No. 23 on the High Judicial Council] (in French). Sénat. 18 November 1998. Retrieved 16 November 2014.
  11. ^ "Réforme" [Reform] (in French). Consei Superieur La Magistrature. Retrieved 15 November 2014.
  12. ^ "Nicolas Sarkozy abandonnerait sa règle d'or, en attendant 2012" [Nicolas Sarkozy gives up his golden rule, pending 2012] (in French). Le Post. 7 September 2011. Retrieved 16 November 2014.
  13. ^ Corinne Laurent (4 July 2013). "Le gouvernement renonce à convoquer le Congrès sur la réforme du Conseil supérieur de la magistrature" [The government waives congressional convention on the reform of the Higher Council of the Judiciary] (in French). La Croix. Retrieved 16 November 2014.
  14. ^ "Rapport de la commission de réflexion sur la justice" [Report of the study committee on justice] (PDF) (in French).
  15. ^ "Rapport de la Commission de réflexion sur le statut pénal du Président de la République" [Report of the Commission on criminal status of the President of the Republic] (in French). documentation Francais. December 2002. p. 105. Retrieved 16 November 2014.
  16. ^ a b "Redécouvrir le Préambule de la Constitution - Rapport du comité présidé par Simone Veil". La documentation Francais. December 2008. p. 209. Retrieved 16 November 2014.

Translator's Notes

  1. ^ Original: dans les conditions fixées par les lois et lois organiques nécessaires à leur application.
  2. ^ Original: tout projet de loi portant sur l'organisation des pouvoirs publics
  3. ^ Original: de conduire presque inéluctablement le Conseil, lorsqu'il en fera usage, à préjuger la décision qu'il sera amené à prendre
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