What is the structure of the government of France? What powers does the president of this state have? These and many other questions will be answered in the article.
French Government: General Description
The French Constitution implies the concept of "government" two main elements: the Prime Minister and ministers. Ministers are united in two groups: the Council of Ministers - under the leadership of the President, and the cabinet - under the leadership of the Prime Minister. And the head of the French government, and all other ministers are appointed directly by the President of France.
From a legal point of view, the choice of the president is not conditioned by anything and is not limited in any way: he can appoint anyone as chairman of the government. However, in practice, everything happens a little differently. So, the president chooses, as a rule, the leader among the majority of the person. Otherwise, frequent contradictions with the parliament are possible: about legislative initiatives, programs, etc.
The dismissal of ministers is also carried out by the president. However, this happens with the consent of the Prime Minister.
About the Institute of Parliamentary Responsibility of the Government of France
Articles 49 and 50 of the French Constitution introduce a special provision on the institution of parliamentary responsibility. What is it and how does it relate to government? The main law of the country prescribes that the head of the French government must timely submit an application for his own resignation to the president. However, this should happen only in some cases, among which the following:
- The National Assembly passes a "censure resolution."
- The National Assembly refuses to approve a government program or a general political statement.
It is immediately worth noting that the resignation of the French Prime Minister always leads to the complete resignation of the entire Cabinet. Both the voluntary resignation of the chairman of the government and forced.
The whole order described above is a classic example of a system of checks and balances. This is the institution of parliamentary responsibility.
French government as an institution of legislative initiative
According to the French Constitution, the government is the main institution issuing the vast majority of legislative initiatives. Unlike the same parliamentarians, it is the French government that is able to issue such bills that will go through all stages of the legislative process and be firmly strengthened in the form of laws.
It issues two main types of bills: decrees and ordinances. Ordinances are special acts of delegated law. Decrees are in the nature of the so-called regulatory authority: according to Art. 37 of the Constitution, issues may be regulated in nature, despite the fact that they are not included in the scope of legislation.
On the role of the Prime Minister of France
The Prime Minister of France is, as mentioned above, the Prime Minister. Article 21 of the French Constitution enshrines its status and basic powers, among which:
- government leadership;
- control over national defense (in this case, the prime minister bears personal responsibility);
- enforcement of laws;
- exercise of regulatory authority;
- the appointment of certain persons to military or civilian posts.
In addition to all of the above, the chairman of the government is able to adopt various legal and regulatory acts. Ministers, in turn, are capable of countering such acts. This process is enshrined in article 22 of the French Constitution.
President and Prime Minister: Relationships
As in the Russian Federation, the French president and prime minister are the first and second person in the state. So that there would be no contradictions or other problems, in France two schemes of relations between these two political figures were fixed. What is each of the schemes?
The first is referred to as "de Gaulle - Debre." At its core, it is quite simple. The system assumes a pro-presidential majority in the National Assembly. Moreover, the prime minister and the government do not have any own and independent political program. All their activities are controlled by the head of state and parliament.
The second program is called the cohabitation system, or the Mitterrand-Chirac scheme. The essence of this program is the formation of an opposition parliamentary majority. The duty of the president is to choose the prime minister from this majority. As a result of this, an extremely interesting system is formed: the president and the prime minister become competitors, since they essentially have two different programs. Domestic policy issues go to the Council of Ministers; Foreign policy is regulated by the head of state.
Of course, the second system is several times better and more efficient. There is plenty of evidence for this, but one and the most important can be cited: moderate competition and political struggle almost always leads to progress.
Provisional Government in France: 1944-1946
In order to have a clearer and clearer understanding of how the government works in France, we can cite as an example the system of interim government formed in the Fourth Republic.
The creation of the interim government took place on August 30, 1944. The organ was headed by General Charles de Gaulle, leader and coordinator of the Free France movement. An amazing feature of the government was that it included the most extraordinary and dissimilar groups: socialists, Christian democrats, communists and many others. A series of various socio-economic reforms has been carried out, thanks to which the standard of living in the state has significantly improved. It is worth mentioning the adoption in September 1946 of the new Constitution.
French President: Election Procedure
Having figured out what powers of the French government exist and what structure it possesses, it is worth moving on to the next question devoted to the French president.
The head of state is elected in direct general elections. The term of the president is limited to five years, while the same person is not able to hold the presidency for more than two consecutive terms. The presidential candidate must be at least 23 years old. Nominations must be approved by elected officials. The election process takes place in a majority system, in 2 stages. The majority of votes should be gained by the future president of France. The government announces elections and it completes them.
If the president prematurely terminates his powers, the chairman of the Senate becomes deputy. The duties of this person are somewhat limited: he is not able, in particular, to dissolve the National Assembly, call a referendum or amend constitutional provisions.
The process of the removal of the president
The High Chamber of Justice decides to remove his powers from the president. This is enshrined in article 68 of the French Constitution. In fact, such a procedure is an impeachment of the head of state. The main reason for the removal of the president from his post is the failure to fulfill his duties or the performance that is not combined with the mandate. This also includes the expression of distrust of the head of state, which is able to file a government.
The French Parliament, or rather, one of its chambers, initiates the creation and removal of the High Chamber. At the same time, another parliamentary chamber is obliged to support the decision of the first. Everything happens only if two-thirds of the parliamentary vote supported the initiative. It is also worth noting that the decision of the High Chamber should take effect immediately.
On the immunity of the president
Another topic that you should definitely touch upon is presidential immunity. What is he like in France? According to article 67 of the Constitution of the country, the president is exempt from liability for all acts committed by him at the post. Moreover, during the exercise of his powers, the head of state has the right not to appear in any of the French courts to testify. Prosecution, investigative actions, collection of judicial information - all this also should not concern the head of state during the exercise of his powers.
The French president enjoys, among other things, immunity from prosecution. However, this immunity is temporary and may be suspended a month after the president resigns. It is also worth noting that the immunity does not apply to the international criminal court. The French president is not able to hide from a call to this authority. This is also consolidated by provisions 68 and 532 of the French Constitution.
"Personal" powers of the president of France
Finally, it is worth talking about the basic duties and powers of the head of the French state. All of them are divided into two groups: personal and shared. What characterizes personal authority?
They do not require ministerial counter-registration, and therefore, the president is able to execute them independently and personally. Here are some of the highlights:
- The President acts as an arbitrator and guarantor. This applies to the appointment of a referendum, the signing of an ordinance, the appointment of three members of the Council, etc. In all this, the Supreme Council of the Magistracy should help the president.
- The president interacts with various political bodies and institutions. Parliament, judicial authorities (arbitration, constitutional, global), government - France dictates that the head of state is obliged to constantly contact all of these bodies. In particular, the president must address the parliament, appoint a prime minister, convene the Council of Ministers, etc.
- The head of state is obliged to take all necessary actions to prevent a crisis. This includes the adoption of emergency powers (this right is enshrined in Article 16 of the Constitution). However, the president is obliged to consult with bodies such as the French government (its composition must be complete), parliament, the Constitutional Council, etc.
"Shared" powers of the President of France
“Shared” presidential powers, in contrast to “personal” ones, require counter-allocation by ministers. What responsibilities of the head of state can be singled out here?
- Personnel credentials, or the formation of the French government. This, as already understood, is about the appointment of the Prime Minister and ministers.
- The signing of ordinances and decrees.
- Convening extraordinary parliamentary sessions.
- The appointment of a referendum and control over its conduct.
- Addressing issues of international relations and defense.
- Promulgation (promulgation) of laws.
- Pardon Decisions.