France’s Political System
France runs on a semi-presidential representative democratic republic model. That’s a
mouthful, but here’s what it means:
• President is the big boss when it comes to foreign policy and defense. Elected by the
people for a 5-year term, the President has serious influence, like appointing the Prime
Minister and even dissolving the National Assembly.
• Prime Minister handles domestic affairs and runs the government day-to-day. Appointed
by the President but needs to have support from the Parliament.
• The Parliament is made up of two chambers:
o National Assembly (lower house) – where the real political fights go down;
members are elected and can bring down the government with a vote of no
confidence.
o Senate (upper house) – represents the regions, has power but less muscle
compared to the Assembly.
• France has a multi-party system, but it’s usually the big centrist or left/right coalitions
that dominate.
• The system blends presidential power with parliamentary oversight, so there’s a
balance — unless the President’s party also controls Parliament, in which case, things
move fast.
Salient Features of the French Constitution (1958):
1. Semi-Presidential System
The French Constitution introduces a semi-presidential system, combining elements of both
presidential and parliamentary systems. This structure features a dual executive:
• President: Elected directly by the people for a five-year term (originally seven), the
President holds significant powers, including appointing the Prime Minister, presiding
over the Council of Ministers, and serving as the Commander-in-Chief of the armed
forces.
• Prime Minister: Appointed by the President, the Prime Minister is responsible for
domestic policy and day-to-day government operations.
This dual executive system allows for a balance of power, with the President handling foreign
and defense policies, while the Prime Minister manages domestic affairs. However, during
periods of "cohabitation"—when the President and the parliamentary majority are from different
political parties—the President's choice of Prime Minister must reflect the majority in the
National Assembly.
2. Strong Executive Authority
The Constitution significantly enhances executive power compared to previous republics:
• Presidential Powers: The President can dissolve the National Assembly (Article 12), call
for referendums, and, under Article 16, assume emergency powers when the nation faces
severe crises.
• Prime Minister's Role: While the Prime Minister manages the government's daily
operations, they are accountable to both the President and the Parliament.
3. Bicameral Legislature
France's Parliament consists of two chambers:
• National Assembly: The lower house, directly elected by the people, holds significant
legislative power, including the ability to pass a vote of no confidence against the
government.
• Senate: The upper house, elected indirectly, represents territorial collectivities and has a
more consultative role in the legislative process.
4. Judicial Oversight and Constitutional Council
The Constitution establishes the Constitutional Council (Conseil Constitutional) to ensure
laws conform to constitutional principles. It conducts both a priori (before promulgation) and a
posteriori (after enactment) reviews of legislation.
5. Supremacy of the Constitution
The Constitution is the supreme law of France. All government actions and legislation must align
with its provisions. The Constitutional Council has the authority to invalidate laws that
contravene constitutional principles.
6. Protection of Fundamental Rights
The Constitution reaffirms France's commitment to human rights by incorporating:
• The Declaration of the Rights of Man and of the Citizen (1789)
• The Preamble to the Constitution of 1946
• The Charter for the Environment (2004)
These documents collectively guarantee civil liberties, equality before the law, and
environmental rights.
7. Secularism and National Unity
Article 1 of the Constitution declares France as an "indivisible, secular, democratic, and social
Republic." It ensures equality for all citizens, regardless of origin, race, or religion, and upholds
the separation of church and state.
8. Decentralization
While France remains a unitary state, the Constitution allows for the decentralization of powers
to local governments, promoting administrative efficiency and regional autonomy.
9. Amendment Procedures
The Constitution provides mechanisms for its own amendment:
• Parliamentary Route: Amendments can be adopted by a three-fifths majority in a joint
session of both parliamentary chambers.
• Referendum: Alternatively, amendments can be approved directly by the people through
a national referendum.
10. Role of Political Parties
Article 4 recognizes the role of political parties in the democratic process, ensuring their freedom
to operate and contribute to the expression of suffrage, provided they respect national
sovereignty and democratic principles.
Presidency:
The President of France is the head of state and serves as the most powerful political figure in the
country, holding significant influence over both the executive and legislative branches. As of the
most recent election, Emmanuel Macron is the President, having been elected in 2017 and re-
elected in 2022.
The role of the French President is crucial because of the French system of government, which
combines elements of both presidential and parliamentary systems, often referred to as a semi-
presidential system.
How the President of France is Elected
The President of France is elected through a direct popular vote, with the election process
outlined in the Constitution of the Fifth Republic (1958). The election process occurs every
five years and follows a two-round system:
1. First Round:
o All candidates are presented on the ballot.
o If a candidate receives more than 50% of the vote, they are elected President
immediately.
o If no candidate wins more than 50%, a runoff election is held between the two
top candidates.
2. Second Round (Runoff):
o The two candidates with the highest number of votes from the first round compete
in the second round.
o The candidate who receives the majority in this round (over 50%) becomes the
new President of France.
Powers of the President of France:
The powers of the French President are extensive, as France has a semi-presidential system.
Here’s a breakdown of the major powers:
1. Executive Power:
o Appointment of the Prime Minister: The President has the authority to appoint
the Prime Minister, who is the head of government. The President can also
remove the Prime Minister.
o Appointments to the Cabinet: The President can appoint ministers, who serve at
the President’s discretion. However, the Prime Minister can propose changes to
the Cabinet.
o Dissolution of the National Assembly: The President can dissolve the National
Assembly (the lower house of Parliament), leading to new legislative elections.
This power is generally exercised in cases where the President faces political
opposition.
o Presidential Decrees and Executive Orders: The President can issue decrees or
executive orders, which are legally binding and are used to implement laws or
administrative functions.
2. Foreign Affairs:
o Treaty Negotiation and Ratification: The President plays a central role in
France’s foreign policy, including negotiating and signing international treaties,
although certain treaties may require ratification by Parliament.
o Commander-in-Chief of the Armed Forces: The President has authority over
the country’s military and can make key decisions regarding military
deployments, defense strategies, and national security.
o Representation Abroad: The President represents France in international
relations, including meetings with foreign heads of state and international
organizations.
o Nuclear Decisions: The President holds sole responsibility for decisions related
to France’s nuclear deterrence.
3. Legislative Power:
o Promulgation of Laws: After Parliament passes a bill, it is sent to the President
for promulgation (formal approval) into law. The President can ask for the bill to
be reconsidered by Parliament, delaying its passage.
o Referendums: The President can propose a referendum on important national
issues. This power was notably used by President Charles de Gaulle in the 1960s.
o Use of Article 49.3: This article allows the President, in coordination with the
Prime Minister, to bypass parliamentary debate and force through legislation
without a vote, though this can be challenged by a vote of no confidence in the
National Assembly.
4. Judicial Power:
o Pardons and Amnesty: The President has the power to grant pardons to
individuals convicted of crimes, as well as propose amnesty (which applies to
groups of people, such as those involved in political unrest).
o Appointment of Judges: The President can appoint judges to the Constitutional
Council, the Council of State, and the Court of Cassation. While the Prime
Minister plays a role in appointments, the President’s power is particularly
important for top judicial appointments.
5. Constitutional Powers:
o Constitutional Council: The President appoints three members of the
Constitutional Council, which is responsible for ensuring that laws comply with
the French Constitution.
o Amendment of the Constitution: The President can propose changes to the
French Constitution, although these amendments need approval by both the
National Assembly and the Senate (or a national referendum).
6. Emergency Powers:
o Under Article 16 of the French Constitution, the President has the ability to
assume emergency powers during a crisis, such as in cases of war or internal
instability. This allows the President to rule by decree and take extraordinary
measures to restore order.
7. Presidential Impeachment:
o Although the President enjoys broad powers, there are limits to this. If the
President commits “high treason,” they can be impeached by the High Court of
Justice, although this is an extremely rare occurrence.
The Parliament of France(senate+NA):
The Parliament of France is the legislative body responsible for making laws, overseeing the
government, and representing the French people. It is a bicameral institution, meaning it has two
chambers: the National Assembly and the Senate.
The National Assembly of France:
The National Assembly of France (Assemblée Nationale) is the lower house of the French
Parliament and plays a central role in the legislative process of the country. As the principal
legislative body, it holds significant powers in shaping the laws of France, overseeing the
government, and representing the will of the French people.
Composition of the National Assembly
• Number of Deputies: The National Assembly consists of 577 deputies (députés), each
representing one of the country’s 577 constituencies. The deputies are elected by direct
universal suffrage (meaning all eligible voters can vote), and they serve a term of five
years.
• Electoral System: Deputies are elected using a two-round system (similar to the
presidential election system). If no candidate receives more than 50% of the vote in the
first round, a runoff election is held between the two highest-polling candidates. The
candidate with the most votes in the second round wins the seat.
• Representation: The National Assembly is designed to represent the general
population, with each deputy serving a geographical constituency. This ensures a direct
link between elected representatives and the electorate.
Functions of the National Assembly
The National Assembly is responsible for a variety of essential functions within the French
political system. These include:
1. Legislation:
o The National Assembly plays a key role in drafting, debating, and passing laws.
While both the National Assembly and the Senate can propose and amend laws,
the Assembly is the more powerful of the two chambers.
o Bills may originate from either the government or members of Parliament. After a
bill is introduced, it is debated in committees before being voted on by the
deputies. If the bill passes the National Assembly, it is sent to the Senate for
review.
2. Control Over the Executive:
o One of the key roles of the National Assembly is to hold the government
accountable. Deputies question ministers, participate in debates, and can issue
motions of no confidence against the government.
o Vote of Confidence: The President or the Prime Minister can seek a vote of
confidence in the Assembly for important policies or actions. If the National
Assembly does not approve the vote, the government may resign.
o Investiture of the Prime Minister: After a presidential election, the President of
France appoints the Prime Minister, but the government must have the support of
the National Assembly. If the Assembly rejects the government, the President
may be forced to appoint a new Prime Minister or dissolve the National
Assembly.
3. Financial Oversight:
o The National Assembly has the power to approve or reject the national budget,
which is proposed by the government. The budget must pass through the
Assembly before it can be enacted, and deputies can amend the financial laws.
o The Assembly can also investigate and scrutinize government spending, ensuring
that public funds are used responsibly.
4. Electoral Role:
o While the National Assembly does not directly elect the President of France, it
does play a crucial role in electing certain key officials, such as the President of
the National Assembly and members of the Constitutional Council (a body that
oversees constitutional matters).
o In the event of an electoral tie or deadlock, the National Assembly may be
involved in settling issues related to presidential elections.
5. Representing the People:
o Deputies in the National Assembly are directly accountable to the people in their
constituencies. They act as representatives, voicing the concerns and interests of
their constituents in Parliament. This direct mandate from the electorate gives the
Assembly its legitimacy and authority.
o Deputies often propose bills or motions that reflect the issues and needs of their
regions, ranging from economic development to social services, education, and
infrastructure.
6. Debates and Inquiries:
o The National Assembly regularly holds debates on important national issues,
including foreign policy, defense, social issues, and public welfare. These debates
are crucial for discussing the government’s actions and determining the direction
of national policy.
o The Assembly also has the power to launch inquiries into government policies or
alleged misconduct through special investigative committees.
Powers and Authority
1. Legislative Power:
o The National Assembly can propose and amend laws, particularly on domestic
matters such as taxation, public services, and education. However, its ability to
pass laws can be limited if the Senate disagrees, although the National Assembly
can ultimately have the final say if it insists on its version of the law.
2. Supervisory Powers:
o Deputies hold significant supervisory authority over the executive branch of
government. Through questions to ministers, written inquiries, and formal votes,
they ensure that the government remains transparent and accountable to the
people.
3. Right to Amend and Reject Legislation:
o The National Assembly has the right to amend or reject bills passed by the
Senate. While the Senate can propose amendments to legislation, it cannot
override the Assembly’s final decision in most cases. This makes the National
Assembly more powerful than the Senate in terms of legislative authority.
4. Confidence and Accountability:
o The National Assembly can pass a motion of no confidence against the
government, which, if successful, forces the Prime Minister and the entire
government to resign. This is one of the most significant tools for controlling the
executive branch.
5. Right to Dissolution:
o In exceptional cases, the President of France can dissolve the National Assembly
and call for new elections. This is typically done in situations where there is a
deadlock between the executive and legislative branches, or when the President
believes that the Assembly no longer represents the will of the people.
Organization of the National Assembly
• President of the National Assembly: The President, elected by the deputies, presides
over the sessions of the Assembly. The President ensures that parliamentary rules are
followed, manages debates, and represents the Assembly in its relations with other
branches of government. The President also has the power to call for a vote on specific
issues.
• Committees: Much of the work in the National Assembly is carried out in committees,
where specific issues, such as finance, defense, or foreign policy, are discussed in detail.
Committees scrutinize proposed legislation and may hold hearings or investigations.
• Political Parties and Groups: The National Assembly is composed of multiple political
groups. Deputies often align themselves with political parties, and the composition of the
Assembly reflects the political landscape of France. The largest party or coalition
typically forms the government, with the Prime Minister chosen from its ranks.
The Senate of France:
The Senate of France (French: Sanat) is the upper house of the Parliament of France. While it
shares legislative responsibilities with the National Assembly, its role, powers, and composition
differ significantly. The Senate acts as a revising chamber, reviewing laws passed by the
National Assembly, and its members are elected in a different manner than those of the National
Assembly. Here’s a detailed look at the Senate of France.
Composition of the Senate
The Senate is composed of 348 senators who represent the territorial units of France, including
regions, departments, and overseas territories. The number of senators per region is based on the
population, with a larger population having a higher number of representatives. However, unlike
the National Assembly, the Senate represents territories, ensuring that both densely populated
and less populated areas have a voice in the legislative process.
Senators are elected by an electoral college rather than directly by the people, as in the National
Assembly. The electoral college is made up of local elected officials (such as mayors, regional
councilors, and municipal councilors). This system, known as indirect election, was designed to
ensure that the Senate represents local and regional governments, reflecting the decentralization
of power in France.
Election of Senators
Senators are elected for a term of six years, and elections occur every three years to renew half
of the Senate's seats. This staggered system ensures that the Senate remains a body with a degree
of continuity and experience, as only a portion of senators are up for election at any given time.
The elections are conducted using a majority system in the larger departments and
proportional representation in the smaller ones. In the larger departments, senators are
elected by majority vote, while in the smaller departments, the election uses a proportional
system, which is intended to give smaller regions fair representation.
Powers and Responsibilities
The Senate shares legislative power with the National Assembly, but its role is more focused on
reviewing and revising proposed laws. Here’s an overview of its main powers:
1. Legislative Role:
o Reviewing Legislation: The Senate’s primary role is to review and amend bills
passed by the National Assembly. When the National Assembly passes a bill, it is
sent to the Senate, which can propose amendments or request modifications.
o Parliamentary Debate: The Senate participates in debates on proposed
legislation, offering perspectives from local and regional governments, which
may differ from the central government’s viewpoint.
o Blocking Legislation: While the Senate cannot ultimately block a bill
indefinitely, it can delay legislation and require it to go back to the National
Assembly for further discussion. If both chambers fail to agree after multiple
readings, the National Assembly has the final say in most cases.
2. Constitutional Role:
o Constitutional Amendments: The Senate plays a significant role in the
amendment of the Constitution of France. A proposed constitutional amendment
must be approved by both the National Assembly and the Senate before it can be
adopted. If there is disagreement, the amendment can be put to a national
referendum for the people’s approval.
o Constitutional Council: The Senate appoints members to the Constitutional
Council, the body responsible for ensuring that laws comply with the
Constitution. The Senate’s role in appointments helps maintain a balance in
France's legal and political systems.
3. Oversight Functions:
o Oversight of the Executive: The Senate monitors the activities of the executive
branch, including government policies and the administration of laws. Senators
may question ministers, hold hearings, and scrutinize the implementation of laws.
o Control of Public Finance: The Senate plays an important role in the budgetary
process, reviewing the government's financial proposals. It scrutinizes the
national budget and can suggest amendments, although the National Assembly
has the final say on financial matters.
4. Representation of Local and Regional Interests:
o Advocacy for Local Authorities: The Senate represents the interests of local and
regional governments, ensuring that their concerns are addressed in national
policy decisions. This is a key aspect of its role, distinguishing it from the
National Assembly, which is more directly concerned with representing the
national electorate.
o Territorial Decentralization: The Senate's structure ensures that less populated
regions have a voice in the national legislature, promoting a system of
decentralized governance. Senators often advocate for policies that benefit their
specific territories, ensuring regional balance in decision-making.
Senate Leadership and Organization
The Senate is presided over by a President, who is elected by the senators at the beginning of
each legislative session. The President of the Senate plays a central role in managing the Senate’s
activities and maintaining order during debates. If the President of the Republic (the French head
of state) is unable to perform their duties, the President of the Senate is constitutionally
designated to take over as interim head of state until new presidential elections are held.
The Senate has several committees that help examine proposed legislation in greater detail.
These include the Committee on Constitutional Law, the Finance Committee, and the
Foreign Affairs Committee, among others. These committees carry out detailed reviews and
propose amendments to bills before they are debated in the full Senate.
The Senate’s Role in the French Political System
While the National Assembly holds more direct power in passing laws and controlling the
government, the Senate plays a crucial checks-and-balances role in the legislative process. It
ensures that the voices of local and regional governments are heard, prevents hasty or poorly
considered legislation, and helps maintain stability in French governance.
The Senate also serves as a counterweight to the National Assembly in the event of political
gridlock, especially during periods of cohabitation (when the President and the Prime Minister
come from different political parties). In such times, the Senate often becomes a crucial player in
shaping France’s political landscape, as it may lean in a different direction than the National
Assembly.
Powers and Functions of the French Parliament:
The Parliament of France plays a pivotal role in the French political system, which is a semi-
presidential representative democratic republic. Parliament is tasked with making laws,
monitoring the executive branch, and representing the people of France. As a bicameral
legislature, it consists of the National Assembly (lower house) and the Senate (upper house).
The functions and powers of the French Parliament are defined by the Constitution of the Fifth
Republic (1958), and while both houses share some responsibilities, there are distinct
differences in their roles and authority.
Key Functions of the French Parliament
1. Legislative Function (Law-making):
o One of the Parliament's most essential functions is to make laws. Both the
National Assembly and the Senate can propose and amend bills, but the final
approval rests with the National Assembly in cases of disagreement between the
two chambers. A bill can originate in either house, though financial bills must
always begin in the National Assembly.
o The National Assembly has the final say on most matters. If the Senate rejects a
bill passed by the National Assembly, the latter can reintroduce the bill and
override the Senate’s objections.
2. Control of the Government:
o Oversight of the Executive: One of the primary roles of Parliament is to oversee
the government, ensuring that it is held accountable for its actions. This is
achieved through question time (where members question ministers),
committees, and interpellations (formal requests for explanations).
o Vote of Confidence: The National Assembly can approve or withdraw its
confidence from the Prime Minister and the government. This is typically done
through a vote of no confidence, which can force the government to resign if it
fails to secure the majority support in the National Assembly.
o Impeachment Powers: In extreme cases, Parliament has the power to initiate the
process of impeachment for the President of the Republic, although this is a rare
occurrence. If the President is found guilty of "high treason," they can be removed
from office, but this requires the involvement of the High Court of Justice, which
consists of members of both the National Assembly and the Senate.
3. Constitutional Amendments:
o The French Parliament has the power to amend the Constitution of the Fifth
Republic, though it requires the approval of both chambers and either a
referendum or a congress (joint session of both houses) to finalize the
amendment. In practice, constitutional changes are often proposed by the
President of France but must be approved by Parliament.
4. Approval of the Budget:
o The National Assembly plays a crucial role in approving the national budget. The
government proposes the budget, but Parliament must approve it. The Assembly’s
approval is vital, as it can reject the budget or propose amendments. If Parliament
rejects the budget, the government may be forced to resign.
o The Senate also plays a role in reviewing the budget, but the National
Assembly’s decision is ultimately decisive.
5. Ratification of Treaties:
o The French Parliament must ratify international treaties and agreements, although
the President has the authority to negotiate and sign these treaties. If Parliament
objects to a treaty, it cannot be ratified, and the President cannot move forward
with it. This process ensures that treaties align with French national interests and
legal norms.
6. Committees:
o Both the National Assembly and the Senate have standing committees that
oversee specific areas such as defense, finance, foreign affairs, and social welfare.
These committees scrutinize legislation, investigate matters of public interest, and
hold hearings to gather evidence or expert testimony.
7. Constitutional Review:
o While the Constitutional Council (Conseil Constitutionnel) has the final say on
the constitutionality of laws, Parliament can refer laws to the Constitutional
Council for review. Any new law can be challenged by the President, the Prime
Minister, or a member of Parliament if they believe it conflicts with the
Constitution. The Constitutional Council's ruling is binding.
The Court System of France:
France has a dualistic court system, composed of:
1. Judicial Courts (ordre judiciaire) → Civil and Criminal matters
2. Administrative Courts (ordre administratif) → Disputes involving the state or public
bodies
And it's all topped off by specialized courts and constitutional oversight bodies.
1.JUDICIAL COURTS (CIVIL & CRIMINAL MATTERS)
These courts handle private law issues — disputes between individuals or legal entities.
STRUCTURE:
A. First Instance Courts
• Tribunal Judiciaire: Unified civil/criminal trial court (since 2020 merger of Tribunal de
Grande Instance and Tribunal d’Instance)
o Handles cases like divorce, contracts, property, criminal offenses (délits), etc.
o Judges: 3-5 typically per court.
o Each court usually has an investigating judge (juge d’instruction) in serious
criminal cases.
B. Specialized Trial Courts:
• Tribunal de commerce (Commercial Court): For business disputes.
• Conseil de prud'hommes: Employment disputes.
• Tribunal paritaire des baux ruraux: Agricultural tenancy disputes.
• Tribunal pour enfants: Juvenile cases.
C. Appellate Level:
• Cour d’appel (Court of Appeal): Hears appeals from lower courts in both civil and
criminal matters.
o There are 36 Courts of Appeal.
o Composed of: President + several chamber presidents + dozens of appellate
judges.
D. Highest Judicial Court:
• Cour de cassation (Court of Cassation):
o Based in Paris.
o Reviews legal correctness, not facts.
o Organized into 6 chambers (3 civil, 1 criminal, 1 labor, 1 commercial).
o Total Judges: ~85 (known as conseillers), plus a First President.
ADMINISTRATIVE COURTS (PUBLIC LAW MATTERS)
These deal with litigation involving government decisions, public contracts, taxation, etc.
STRUCTURE:
A. Tribunal Administratif (Administrative Court):
• Court of first instance for administrative law.
• There are 42 of these courts across France.
B. Cour Administrative d’Appel (Administrative Appeals Court):
• 9 in total.
• Hears appeals from Tribunal Administratif.
C. Conseil d'État (Council of State):
• Highest court for administrative law.
• Also serves as legal advisor to the executive.
• Decides most sensitive state-level disputes.
• Staff: Around 230 members (includes conseillers d'État, auditeurs, and maîtres des
requêtes).
3. APPOINTMENT & TRAINING OF JUDGES
JUDGES IN JUDICIAL SYSTEM
A. Types:
• Magistrats du siège (Sitting Judges): Decide cases.
• Magistrats du parquet (Public Prosecutors): Represent the state.
B. Recruitment:
• Through École Nationale de la Magistrature (ENM) in Bordeaux.
o One of the most competitive exams in France.
o Only around 400 new judges and prosecutors are appointed per year.
C. Appointment:
• Made by the President of the Republic.
• Recommendations by:
o Ministry of Justice, with input from
o Conseil Supérieur de la Magistrature (CSM).
CSM is key: It's a constitutional body that guarantees judicial independence.
For judges of Cour de cassation, Court of Appeal presidents, and other senior judges, the
CSM’s opinion is binding.
4. PUBLIC PROSECUTORS (PARQUET)
• Appointed by the Minister of Justice (who is also the Garde des Sceaux).
• Unlike judges, prosecutors are hierarchically subordinate to the Ministry.
• Controversy exists over this — critics say it compromises prosecutorial independence.
5. SPECIAL COURTS & BODIES
Cour d’assises:
• Deals with serious criminal offenses (crimes).
• Composed of 3 professional judges + 6 jurors (at first instance).
• Appeals go to Cour d’assises d’appel with 9 jurors + 3 judges.
Cour de Justice de la République:
• Tries ministers accused of crimes while in office.
Cour des Comptes:
• State audit institution — checks public spending.
• Judges known as conseillers maîtres.
Conseil Constitutionnel:
• Not a court in the classic sense.
• Ensures laws are constitutional.
• 9 members, each appointed for 9 years:
o 3 by President, 3 by National Assembly President, 3 by Senate President.
