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The Republic of France
Constitution Adopted on 4 October 1958
(updated to 26 July 1995)
Preamble
The French people hereby solemnly proclaim their attachment to the
Rights of Man and the principle of national sovereignty as defined by
the Declaration of
1789, reaffirmed and complemented by the Preamble to
the 1946 Constitution.
By virtue of these principles and that of the free determination of
peoples, the Republic offers to the Overseas Territories expressly
desiring this to adhere to them new institutions based on the common
ideal of liberty
, equality, and fraternity and conceived with a view to their democratic
evolution.
Article 1
(1) The Republic and the peoples of the Overseas Territories who, by
free determination, adopt the present Constitution thereby institute a
Community.
(2) The Community shall be based on the equality
and solidarity of the peoples composing it.
Title I Sovereignty
Article 2
(1) France is an indivisible, secular, democratic, and social Republic.
It ensures the equality of all citizens before the law, without
distinction as to origin, race, or religion. It respects all beliefs.
(2) The language of the Republic is French.
(3) The national emblem is the blue, white, and red tricolor flag.
(4) The national anthem is the "Marseillaise".
(5) The Motto
of the Republic is "Liberty, Equality, Fraternity".
(6) Its principle is government of the people, by the people, and for
the people.
Article 3
(1) National sovereignty belongs to the people, who exercise it through
their representatives and by means of referendums.
(2) No section of the people, nor any individual, may abrogate to
themselves or to him or herself the exercise thereof.
(3) Suffrage may be direct or indirect under the terms stipulated by the
Constitution. It shall always be universal, equal, and secret.
(4) All French citizens of both sexes who have attained their majority
and enjoy civil and political rights may vote under the conditions
determined by law.
Article
Political parties and groups shall be instrumental in the exercise of
the suffrage. They shall be freely formed and shall freely carry on
their activities. They must respect the principles of national
sovereignty and democracy.
Title II The President of the Republic
Article 5
(1) The President of the Republic shall see that the Constitution is
observed.
He shall ensure, by his arbitration, both the proper functioning of the
governmental authorities and the continuity of the State.
(2) He shall be the guarantor of national independence, the integrity of
the territory and observance of Community agreements, and of treaties.
Article 6
The President of the Republic shall be elected for seven years by direct
universal suffrage. The procedures implementing this Article shall be
laid down in an organic act.
Article 7
(1) The President of the Republic shall be elected by an absolute
majority of the votes cast. If this is not obtained on the first ballot,
there shall be a second ballot on the next Sunday but one. Only the two
candidates who have won the greatest number of votes in the first ballot
may stand in it, after taking into account, if applicable, any
withdrawals of candidates who have received a higher vote.
(2) Voting shall begin at the formal summons of the Government.
(3) The election of the new President shall take place not less than
twenty days and not more than thirty-five days before the expiry of the
powers of the President in office.
(4) In the event of the Presidency of the Republic falling vacant for
any cause whatsoever, or of an impediment being formally recorded by the
Constitutional Council upon referral to it by the Government and ruling
by an absolute majority of its members, the functions of the President
of the Republic, with the exception of those laid down in Articles 11
and 12 below, shall be temporarily exercised by the
President of the Senate, or, if the latter is in his turn impeded from
exercising these functions, by the Government. In the event of a
vacancy, or when the impediment is declared permanent by the
Constitutional Council, polling for the election of a new President
shall take place, except in cases of force majeure formally recognized
by the Constitutional Council, not less than twenty days and not more
than thirty-five days after the beginning of the vacancy or the
declaration of the permanence of the impediment. If one of the persons
who publicly announced their decision to stand for election less than
thirty days before the final date for lodging the presentations of
candidature dies or is otherwise prevented within seven days prior to
that date, the Constitutional Council may decide to postpone the
election.
(5) If one of the candidates dies or is otherwise prevented before the
first ballot, the Constitutional Council shall pronounce the
postponement of the election.
(6) Should one of the candidates heading the poll in the first ballot
die or be otherwise prevented prior to any withdrawals, the
Constitutional Council shall declare that the election procedure must be
repeated in full; the same shall apply in the event of one of the
candidates standing in the second ballot dying or being otherwise
prevented.
(7) All cases shall be referred to the Constitutional Council in the
manner set out in the second paragraph of Article 61
below or determined for the presentation of candidates in the organic
act provided for in Article 6 above.
(8) The Constitutional Council may extend the periods stipulated in the
third and fifth paragraphs, provided that polling takes place not later
than thirty-five days after the Constitutional Council's decision. If
implementation of the provisions of this paragraph results in the
postponement of the election to a date
after the expiry of the powers of the President in office, the latter
shall remain in office until the proclamation of his successor.
(9) Neither Articles 9 and 50
nor Article 89 of the Constitution may be applied
while the Presidency of the Republic is vacant, nor during the period
between the declaration of the permanence of the impediment preventing
the President of the Republic from discharging his duties and the
election of his successor.
Article 8
(1) The President of the Republic shall appoint the Prime Minister. He
shall terminate that appointment when the latter tenders the resignation
of the Government.
(2) On the proposal of the Prime Minister, he shall appoint the other
members of the Government and terminate their appointments.
Article 9
The President of the Republic shall preside over the Council of
Ministers.
Article 10
(1) The President of the Republic shall promulgate laws within fifteen
days following the transmission to the Government of the said laws as
finally adopted.
(2) He may, before expiry of this time limit, ask Parliament to
reconsider a law or certain of its articles. This reconsideration may
not be refused.
Article 11
(1) The President of the Republic may, on the proposal of the Government
during sessions, or on a joint motion of the two Assemblies published in
the Official Journal, submit to a referendum
any bill dealing with the organization of the governmental authorities,
entailing approval of a Community agreement or providing for authority
to ratify a treaty which, though not unconstitutional, would affect the
functioning of [existing] institutions.
(2) When the referendum decides in favor of the bill, the President of
the Republic shall promulgate it within the time limit stipulated in the
preceding article.
Article 12
(1) The President of the Republic may, after consultation with the Prime
Minister and the Presidents of the Assemblies, pronounce the dissolution
of the National Assembly. A General election shall take place not less
than twenty days and not more than forty days after the dissolution.
(2) The National Assembly shall meet ipso jure on the second
Thursday following its election. If this meeting takes place outside the
periods provided for ordinary sessions, a session shall ipso jure
be held for a fifteen-day period.
(3) No further dissolution may take place within a year following this
election.
Article 13
(1) The President of the Republic shall sign the ordinances and orders
decided upon in the Council of Ministers.
(2) He shall make appointments to the civil and military posts of the
State.
(3) Conseillers d'Etat, the Grand Chancelier de la Legion d'Honneur,
Ambassadors and envoys extraordinary, Conseillers Maitres of the Cour
des Comptes, Prefects, Government representatives in the Overseas
Territories, General Officers, Recteurs d'academies and Directors of
central administrations
shall be appointed by the Council of Ministers.
(4) An organic act shall determine the other posts to be filled by
decision of the Council of Ministers, together with the conditions under
which the power of appointment of the President of the Republic may be
delegated by him and exercised in his name.
Article 14
The President of the Republic shall accredit Ambassadors and envoys
extraordinary to foreign powers; foreign Ambassadors and envoys
extraordinary shall be accredited to him.
Article 15
The President of the Republic shall be commander-in-chief of the armed
forces
. He shall preside over the Higher National Defence councils and
committees.
Article 16
(1) When the institutions of the Republic, the independence of the
nation, the integrity of its territory, or the fulfillment of its
international commitments are under grave and immediate threat and when
the proper functioning of the constitutional governmental authorities is
interrupted, the President of the Republic shall take the measures
demanded by these circumstances after official consultation with the
Prime Minister, the Presidents of the Assemblies, and the Constitutional
Council.
(2) He shall inform the nation of these measures by a message.
(3) These measures must be prompted by a will to ensure within the
shortest possible time that the constitutional governmental authorities
have the means of fulfilling their duties. The Constitutional Council
shall be consulted with regard to such measures.
(4) Parliament shall meet ipso jure.
(5) The National Assembly may not be dissolved during the exercise of
emergency powers.
Article 17
The President of the Republic shall have the right of pardon.
Article 18
(1) The President of the Republic shall communicate with the two
parliamentary Assemblies by means of messages, of which he shall order a
reading and which shall not give rise to any debate.
(2) Between sessions, Parliament shall be convened especially for this
purpose.
Article 19
Official decisions of the President of the Republic other than those
provided for under Articles 8 (1), 11,
12, 16, 18,
54, 56 and 61
shall be countersigned by the Prime Minister and, where applicable, by
the responsible ministers.
Title III The Government
Article 20
(1) The Government shall determine and conduct the policy of the nation.
(2) It shall have at its disposal the administration and the armed
forces.
(3) It shall be responsible to Parliament under the conditions and in
accordance with the procedures stipulated in Articles 49
and 50.
Article 21
(1) The Prime Minister shall direct the conduct of government affairs.
He shall be responsible for national defence. He shall ensure the
implementation of legislation. Subject to the provisions of Article 13,
he shall exercise the power to make regulations and to make appointments
to civil and military posts.
(2) He may delegate certain of his powers to Ministers.
(3) Should the occasion arise, he shall deputize for the President of
the Republic as chairman of the councils and committees provided for
under Article 15.
(4) On an exceptional basis, he may deputize for him as chairman of a
meeting of the Council of Ministers by explicit delegation and for a
specific agenda.
Article 22
The official decisions of the Prime Minister shall be countersigned,
where appropriate, by the ministers responsible for their
implementation.
Article 23
(1) Membership of the Government shall be incompatible with the exercise
of any Parliamentary mandate, with the holding of any representational
office at national level in a trade organization, and with any public
employment or professional activity.
(2) An organic act shall determine the conditions under which the
holders of such mandates, offices, or employment shall be replaced.
(3) Members of Parliament shall be replaced in accordance with the
provisions of Article 25.
Title IV Parliament
Article 24
(1) Parliament shall consist of the National Assembly and the Senate.
(2) Deputies of the National Assembly shall be elected by direct
suffrage.
(3) The Senate shall be elected by indirect suffrage. It shall ensure
the representation of the territorial entities of the Republic. French
nationals living outside France shall be represented in the Senate.
Article 25
(1) An organic act shall determine the term for which each Assembly is
elected, the number of its members, their emoluments, the conditions of
eligibility and ineligibility and the offices incompatible with
membership of the Assemblies.
(2) It shall likewise lay down the conditions governing the election, in
the event of a vacancy, of persons to replace deputies or senators whose
seats have been vacated until new general or partial elections are held
for the Assembly concerned.
Article 26
(1) No member of Parliament may be prosecuted or subjected to inquiry,
arrest, detention, or trial on account of opinions expressed or votes
cast in the course of his or her duties.
(2) No member of Parliament may, during parliamentary sessions, be
prosecuted or arrested for a felony or misdemeanor without the authority
of the Assembly of which he or she is a member, except in cases of
flagrante delicto.
(3) When Parliament is not in session, no member of Parliament may be
arrested without the authority of the bureau of the Assembly of which he
or she is a member, except in the case of flagrante delicto,
authorized prosecution, or final sentence.
(4) The detention or prosecution of a member of Parliament shall be
suspended if the Assembly of which he or she is a member so demands.
Article 27
(1) All mandatory instructions shall be null and void.
(2) The right to vote of the members of Parliament shall be personal.
(3) An organic act may, exceptionally, authorize the delegation of a
vote. In this case, no member may be delegated to cast more than one
vote.
Article 28
(1) Parliament shall convene ipso jure in two ordinary sessions
per year.
(2) The first session shall begin on 2 April and last for thirty days.
(3) The second session shall open on 2 October and last for not more
than ninety days.
(4) If 2 October or 2 April is a public holiday, the session shall open
on the first working day thereafter.
Article 29
(1) Parliament shall convene in extraordinary session, at the request of
the Prime Minister or of a majority of the members of the National
Assembly, to consider a specific agenda.
(2) When an extraordinary session is held at the request of the members
of the National Assembly, the closure order shall take effect as soon as
Parliament has exhausted the agenda for which it was convened and at the
latest twelve days from the opening date of the session.
(3) Only the Prime Minister may request a further session before the end
of the month following the closure order.
Article 30
Apart from cases in which Parliament meets ipso jure,
extraordinary sessions shall be opened and closed by order of the
President of the Republic.
Article 31
(1) The members of the Government shall have access to the two
Assemblies. They shall be heard when they so request.
(2) They may call for the assistance of government commissioners.
Article 32
The President of the National Assembly shall be elected for the
duration of the legislature. The President of the Senate shall be
elected after each partial renewal.
Article 33
(1) The meetings of the two Assemblies shall be public. A full report of
the debates shall be published in the Official Journal.
(2) Each Assembly may sit in secret committee at the request of the
Prime Minister or of one tenth of its members.
Title V Relations Between Parliament and
Government
Article 34
(1) All legislation shall be passed by Parliament.
(2) Legislation shall establish the rules concerning:
- civil rights and the fundamental guarantees granted to the citizens
for the exercise of their public liberties; the national defence
obligations imposed on citizens in respect of their
persons or property;
- nationality, status, and capacity of persons, property rights arising
out of a matrimonial relationship, inheritance, and gifts;
- determination of felonies and misdemeanors, together with the
penalties applicable to them; criminal procedure; amnesty; the creation
of new jurisdictions and the status of judges;
- the assessment bases, rates, and methods of collecting taxes of all
types; the issuance of currency.
(3) Legislation shall likewise determine the regulations concerning:
- the electoral systems of the parliamentary Assemblies and local
Assemblies;
- the creation of categories of public establishments;
- the fundamental guarantees granted to civil and military personnel
employed by the State;
- company nationalizations and transfers of company ownership from the
public to the private sector.
(4) Legislation shall determine the fundamental principles of:
- the general organization of national defence;
- free local government and the powers and resources of local
authorities;
- education;
- the rules governing property rights, chattels real, civil and
commercial obligations;
- labor and trade-union law and social security.
(5) Finance acts shall determine the financial resources and obligations
of the State, subject to the conditions and reservations laid down in an
organic act.
(6) Program acts shall specify the objectives of State economic and
social policy.
(7) The provisions of this article may be developed in detail and
amplified by an organic act.
Article 35
A declaration of war must be authorized by Parliament.
Article 36
(1) Martial law shall be declared in a meeting of the Council of
Ministers.
(2) Parliament alone may authorize its extension beyond twelve days.
Article 37
(1) Matters other than those that fall within the sphere of legislation
shall be determined by regulation.
(2) Legislation concerning these matters may be amended by orders issued
after consultation with the Conseil d'Etat. Any such legislative texts
introduced after this Constitution has entered into force shall be
amended by order only if the Constitutional Council has pronounced that
the matters they deal with fall within the field subject to regulation
as defined in the preceding paragraph.
Article 38
(1) The Government may, in order to carry out its program, ask
Parliament to authorize it, for a limited period, to take by ordinance
measures normally within the legislative sphere.
(2) Ordinances shall be enacted in meetings of the Council of Ministers
after consultation with the Conseil d'Etat. They shall come into force
upon their publication, but shall become null and void if the bill for
their ratification is not submitted to Parliament before the date set by
the enabling act.
(3) Upon expiry of the period referred to in the first paragraph of this
article, the ordinances may be amended only by act of Parliament in
respect of those matters which are within the legislative domain.
Article 39
(1) The Prime Minister and the members of Parliament have concurrent
rights to initiate legislation.
(2) Government bills shall be discussed in the Council of Ministers
after consultation with the Conseil d'Etat and shall be tabled in one of
the two Assemblies. Finance bills shall be submitted first to the
National Assembly.
Article 40
Private members' bills and amendments shall be inadmissible if their
adoption would have the effect of reducing public revenue or of creating
or increasing an item of public expenditure.
Article 41
(1) If it is found in the course of the legislative procedure that a
private member's bill or amendment is not within the domain of law or is
contrary to a delegation granted by virtue of Article 38,
the Government may declare its inadmissibility.
(2) In the event of disagreement between the Government and the
President of the Assembly concerned, the Constitutional Council, at the
request of either party, shall rule within eight days.
Article 42
(1) In the first Assembly to which it is referred, a government bill
shall be discussed on the basis of the text put forward by the
Government.
(2) An Assembly which has before it a bill passed by the other Assembly
shall deliberate on the text transmitted to it.
Article 43
(1) Government and private members' bills shall, at the request of the
Government or of the Assembly considering them, be referred for
examination to committees specially appointed for this purpose.
(2) Government and private members' bills for which such a request has
not been made shall be referred to one of the standing committees, the
number of which shall be limited to six in each Assembly.
Article 44
(1) Members of Parliament and the Government shall have the right of
amendment.
(2) After the opening of the debate, the Government may object to any
amendment being considered which has not previously been submitted to
committee.
(3) If the Government so requests, the Assembly concerned shall decide,
in a single vote, on all or part of the text under discussion, retaining
only the amendments proposed or accepted by the Government.
Article 45
(1) If, owing to disagreement between the two Assemblies, it has proved
impossible to adopt a government or private member's bill after two
readings by each Assembly, or, if the Government has declared the matter
urgent, after a single reading by each of them, the Prime Minister shall
have the right to call for a meeting of a joint committee composed of an
equal number of members of each Assembly, to propose a text on the
matters still under discussion.
(2) The text drafted by the joint committee may be submitted by the
Government to the two Assemblies for approval. No amendment shall be
admissible except by agreement with the Government.
(3) If the joint committee fails to agree on a common text, or if this
text is not adopted under the conditions set forth in the
preceding paragraph, the Government may, after a further reading by the
National Assembly and Senate, ask the National Assembly to make a final
decision. In this event, the National Assembly may return either to the
text drafted by the joint committee, or to the last text passed by
itself, modified, if applicable, by one or more of the amendments
adopted by the Senate.
Article 46
(1) Acts defined under the Constitution as organic shall be passed and
amended as follows:
(2) A government or private member's bill shall be submitted for
discussion and to a vote in the first Assembly in which it has been
tabled not less than fifteen days after that tabling.
(3) The procedure of Article 45 shall be
applicable. Nevertheless, in the absence of agreement between the two
Assemblies, a bill may be adopted by the National Assembly on final
reading only by an absolute majority of its members.
(4) Organic acts relating to the Senate must be passed in the same
wording by the two Assemblies.
(5) Organic acts may be promulgated only after the Constitutional
Council has declared them constitutional.
Article 47
(1) Parliament shall pass finance bills
under the conditions stipulated by an organic act.
(2) Should the National Assembly fail to reach a decision at the first
reading within forty days of a bill being tabled, the Government shall
refer it to the Senate, which must come to a decision within fifteen
days. The procedure set forth in Article 45 shall
then apply.
(3) Should Parliament fail to reach a decision within seventy days, the
provisions of the bill may be brought into force by ordinance.
(4) Should the finance bill establishing the revenue and expenditure of
a fiscal year not be tabled in time for its promulgation before the
beginning of that fiscal year, the Government shall, on an emergency
basis, ask Parliament for authority to collect taxes and shall make
available by order the funds needed to provide for services already
approved.
(5) The time limits stipulated in this article shall be suspended when
Parliament is not sitting.
(6) The Cour des Comptes shall assist Parliament and the Government in
supervising the implementation of the finance acts.
Article 48
(1) The discussion of bills tabled by the Government and of private
members' bills agreed to by it shall have priority on the agendas of the
Assemblies in the order decided by the Government.
(2) One meeting per week shall be reserved in priority for members'
questions and the Government's replies.
Article 49
(1) The Prime Minister, after deliberation by the Council of Ministers,
may commit the Goverment's responsibility before the National Assembly
with regard to its program or, should the occasion arise, to a statement
of general policy.
(2) The National Assembly may challenge the responsibility of the
Government by passing a motion of censure. Such a motion shall be
admissible only if signed by at least one tenth of the members of the
National Assembly. The vote may not take place until forty-eight hours
after the motion has been tabled; the only votes counted shall be those
in favor of the motion of censure, which may be adopted only by a
majority of
the membership of the Assembly. Should the motion of censure be
rejected, its signatories may not introduce another such motion in the
course of the same session, except in the case provided for in the
following paragraph.
(3) The Prime Minister may, after deliberation by the Council of
Ministers, commit the Government's responsibility to the National
Assembly on the passing of a bill. In this case, the text shall be
regarded as carried unless a motion of censure, tabled within the
succeeding twenty-four hours, is passed under the conditions laid down
in the previous paragraph.
(4) The Prime Minister may ask the Senate to approve a general policy
statement.
Article 50
If the National Assembly adopts a motion of censure, or rejects the
Government's program or a general policy statement by the latter, the
Prime Minister must tender the Government's resignation to the President
of the Republic.
Article 51
The closure of ordinary or extraordinary sessions shall be postponed ipso
jure, should the occasion arise, in order to apply the provisions of
Article 49.
Title VI Treaties and International Agreements
Article 52
(1) The President of the Republic shall negotiate and ratify treaties.
(2) He shall be informed of all negotiations leading to the conclusion
of an international agreement not subject to ratification.
Article 53
(1) Peace treaties, commercial treaties and treaties, or agreements
relating to international organization, or implying a financial
commitment on the part of the State, or modifying provisions of a
legislative nature, or relating to the status of persons, or entailing a
cession, exchange or ad junction of territory, may be ratified or
approved only by act of Parliament.
(2) They shall take effect only after having been ratified or approved.
(3) No cession, exchange, or adjunction of territory shall be valid
without the consent of the populations concerned.
Article 54
If, upon the demand of the President of the Republic, the Prime
Minister or the President of one or other Assembly or sixty deputies or
sixty senators, the Constitutional Council has ruled that an
international agreement contains a clause contrary to the Constitution,
the ratification or approval of this agreement shall not be authorized
until the Constitution has been revised.
Article 55
Duly ratified or approved treaties or agreements shall, upon their
publication, override laws, subject, for each agreement or treaty, to
its application by the other party.
Title VII The Constitutional Council
Article 56
(1) The Constitutional Council shall consist of nine members, whose term
of office shall last nine years and shall not be renewable. One third of
the membership of the Constitutional Council shall be renewed every
three years. Three of its
members shall be appointed by the President of the Republic, three by
the President of the National Assembly, three by the President of the
Senate.
(2) In addition to the nine members provided for above, former
Presidents of the Republic shall be ex officio life members of
the Constitutional Council.
(3) The President shall be appointed by the President of the Republic.
He shall have the casting vote in the event of a tie.
Article 57
The office of member of the Constitutional Council shall be incompatible
with that of minister or member of Parliament. Other incompatibilities
shall be determined by an organic act.
Article 58
(1) The Constitutional Council shall ensure the regularity of the
election of the President of the Republic.
(2) It shall examine complaints and proclaim the results of the vote.
Article 59
The Constitutional Council shall rule, in the case of a dispute, on the
regularity of elections of deputies and senators.
Article 60
The Constitutional Council shall ensure the regularity of referendums
and proclaim the results thereof.
Article 61
(1) Organic acts, before their promulgation, and standing orders of the
parliamentary Assemblies, before their implementation, must be submitted
to the Constitutional Council which shall rule on their
constitutionality.
(2) To the same end, acts of Parliament may, before their promulgation,
be submitted to the Constitutional Council by the President of the
Republic, the Prime Minister, the President of the National Assembly,
the President of the Senate, sixty deputies or sixty senators.
(3) In the cases provided for by the two preceding paragraphs, the
Constitutional Council must rule within one month. However, at the
Government's request, this period shall be reduced to eight days if a
matter is urgent.
(4) In these same cases, referral to the Constitutional Council shall
suspend the time limit for promulgation.
Article 62
(1) A provision declared unconstitutional may not be promulgated or
implemented.
(2) The decisions of the Constitutional Council shall not be subject to
appeal to any jurisdiction. They shall be binding on the governmental
authorities and on all administrative and jurisdictional authorities.
Article 63
An organic act shall determine the organizational and operational rules
of the Constitutional Council, the procedure to be followed before it,
and in particular the periods of time allowed for referring disputes to
it.
Title VIII The Judiciary
Article 64
(1) The President of the Republic shall be the guarantor of the
independence of the Judiciary.
(2) He shall be assisted by the Conseil Superieur de la Magistrature.
(3) An organic act shall determine the status of members of the
Judiciary.
(4) Judges may not be removed from office.
Article 65
(1) The Conseil Superieur de la Magistrature shall be presided
over by the President of the Republic. The Minister of Justice shall be
its ex officio Vice-President. He may deputize for the President
of the Republic.
(2) The Conseil Superieur shall, in addition, comprise nine
members appointed by the President of the Republic under the terms laid
down by an organic act.
(3) The Conseil Superieur shall make proposals for appointments
of Judges of the Cour de Cassation and of Presiding Judges of the
Courts of Appeal. It shall give its opinion, under the conditions
stipulated by the organic act, on the proposals of the Minister of
Justice relative to appointments of other judges. It shall be consulted
on questions of pardon under conditions determined by an organic act.
(4) The Conseil Superieur shall act as the disciplinary council
for judges. In such cases, it shall be presided over by the Presiding
Judge of the Cour de Cassation.
Article 66
(1) No one may be arbitrarily detained.
(2) The Judiciary, guardian of individual liberty, shall enforce this
principle under the conditions stipulated by legislation.
Title IX The High Court of Justice
Article 67
(1) A High Court of Justice shall be instituted.
(2) It shall be composed of members elected in equal number by the
National Assembly and the Senate from within their ranks after each
general or partial election to these Assemblies. It shall elect its
President from among its members.
(3) An organic law shall determine the composition of the High Court,
its operating rules and the procedure to be followed before it.
Article 68
(1) The President of the Republic shall not be held accountable for
actions performed in the exercise of his office except in the case of
high treason. He may be indicted only by the two Assemblies ruling by
identical vote in open balloting and by an absolute majority of their
members. He shall be tried by the High Court of Justice.
(2) The members of the Government shall be criminally liable for actions
performed in the exercise of their office and deemed to be felonies or
misdemeanors at the time they were committed. The procedure defined
above shall be applied to them and to their accomplices, in the case of
a conspiracy against the security of the State. In the cases provided
for by this paragraph, the High Court shall be bound by the definition
of felonies and misdemeanors, as well as by the determination of
penalties as laid down by the criminal law in force when the acts are
committed.
Title X The Economic and Social Council
Article 69
(1) The Economic and Social Council shall, upon referral to it by the
Government, give its opinion on government bills, draft ordinances and
orders, and private members' bills submitted to it
(2) A member of the Economic and Social Council may be
designated by it to present before the parliamentary Assemblies the
Council's opinion on the Government or private members' bills submitted
to it.
Article 70
The Economic and Social Council may likewise be consulted by the
Government on any problem of an economic or social nature concerning the
Republic or the Community. Any plan or program bill of an economic or
social nature shall be submitted to it for its advice.
Article 71
The composition of the Economic and Social Council and its rules of
procedure shall be determined by an organic act.
Title XI Territorial Entities
Article 72
(1) The territorial entities of the Republic are the communes,
departments, and overseas territories. Any other territorial entities
shall be created by legislation.
(2) These entities shall freely govern themselves through elected
councils and under the conditions stipulated by legislation.
(3) In the departments and territories, the Government Delegate shall be
responsible for the national interests, administrative supervision, and
law enforcement.
Article 73
Measures of adjustment required by the particular circumstances of the
overseas departments may be taken with regard to their legislative
system and administrative organization.
Article 74
(1) The overseas territories of the Republic shall have a special
organization taking account of their specific interests within the
general interests of the Republic.
(2) The status of the Overseas Territories shall be determined by
constitutional enactments defining, in particular, the powers of their
own institutions; changes to their status can be made in the same form,
after consultation of the territorial assembly concerned.
(3) The other aspects of their particular structure are defined and
modified by Act of Parliament, after consultation of t territorial
assembly concerned.
Article 75
Citizens of the Republic who do not have ordinary civil status as
referred to in Article 34 shall retain their
personal status as long as they have not renounced it.
Article 76
(1) The Overseas Territories may retain their status within the
Republic.
(2) If they express a will to do so by decision of their Territorial
Assemblies taken within the time limit set in the first paragraph of
Article 91, they shall become overseas departments
of the Republic or, either jointly or severally, member States of the
Community.
Title XII The Community
Article 77
(1) In the Community instituted under this Constitution, the States
shall enjoy autonomy; they shall conduct their own administration and
manage their own affairs democratically and freely.
(2) There shall be only one citizenship of the Community.
(3) All citizens shall be equal before the law, regardless of their
origin, race or religion. They shall have the same duties.
Article 78
(1) The Community's jurisdiction shall cover foreign policy, defence,
currency, common economic and financial policy, as well as policy on
strategic raw materials.
(2) It shall also include, except in the case of specific agreements,
supervision of justice, higher education and the general organization of
external transport, transport within the Community, and
telecommunications.
(3) Special agreements may create other common jurisdictions or regulate
any transfer of jurisdiction from the Community to one of its members.
Article 79
(1) The member States shall benefit from the provisions of Article 77
as soon as they have exercised the choice set out in Article 76.
(2) Until the measures required for implementation of this title come
into force, matters within the common jurisdiction shall be regulated by
the Republic.
Article 80
(1) The President of the Republic shall preside over and represent the
Community.
(2) The institutional organs of the Community shall be an Executive
Council, a Senate, and a Court of Arbitration.
Article 81
(1) The member States of the Community shall participate in the election
of the President in accordance with the conditions stipulated in Article
6.
(2) The President of the Republic, in his capacity as President of the
Community, shall be represented in each State of the Community.
Article 82
(1) The Executive Council of the Community shall be presided over by the
President of the Community. It shall consist of the Prime Minister of
the Republic, the Heads of Government of each of the member States of
the Community, and the ministers responsible for matters common to the
Community.
(2) The Executive Council shall organize the cooperation of members of
the Community at government and administrative levels.
(3) The organization and procedure of the Executive Council shall be
determined by an organic act.
Article 83
(1) The Senate of the Community shall be composed of delegates chosen by
the Parliament of the Republic and the legislative Assemblies of the
other Community members from among their own memberships. The number of
delegates of each State shall be determined according to its population
and the responsibilities it assumes in the Community.
(2) It shall hold two sessions a year, each of which shall be opened and
closed by the President of the Community and may not last longer than
one month.
(3) At the behest of the President of the Community, it shall deliberate
on common economic and financial policy prior to legislation on these
matters being voted upon by the Parliament of the Republic and, as and
when applicable, by the legislative Assemblies of the other Community
members.
(4) The Senate of the Community shall examine the acts and treaties or
international agreements referred to in Articles 35
and 53 and which commit the Community.
(5) It shall make enforceable decisions in the domains in which it has
received delegation of power from the legislative Assemblies of the
Community members. These decisions shall be promulgated in the same form
as legislation in the territory of each of the States concerned .
(6) An organic act shall determine its composition and rules of
procedure.
Article 84
(1) A Court of Arbitration of the Community shall rule on litigation
occurring between members of the Community.
(2) Its composition and jurisdiction shall be determined by an organic
act.
Article 85
(1) Notwithstanding the procedure provided for in Article 89,
the provisions of this title that concern the functioning of the common
institutions shall be amendable by identically worded acts passed by the
Parliament of the Republic and the Senate of the Community.
(2) The provisions of this title may also be amended by agreements
concluded between all the States of the Community; the new provisions
shall be brought into force under the conditions required by the
Constitution of each State.
Article 86
(1) A change of status of a member State of the Community may be
requested, either by the Republic, or by resolution of the legislative
Assembly of the State concerned, confirmed by a local referendum
organized and supervised by the Community institutions. The terms and
conditions of such a change shall be determined by agreement approved by
the Parliament of the Republic and the legislative Assembly concerned.
(2) In the same manner, a member State of the Community may become
independent. It shall thereby cease to belong to the Community.
(3) A member State of the Community may also, by agreement, become
independent without thereby ceasing to belong to the Community.
(4) An independent State outside the Community may, by agreement, join
the Community without ceasing to be independent.
(5) The position of these States within the Community shall be
determined by agreements concluded to that end, in particular those
referred to in the preceding paragraphs and, where applicable, those
provided for in the second paragraph of Article 85.
Article 87
The special agreements concluded in implementation of this title shall
be approved by the Parliament of the Republic and the legislative
Assembly concerned.
Title XIII Agreements of Association
Article 88
The Republic or the Community may make agreements with States that wish
to associate themselves with the Community in order to develop their
civilizations.
Title XIV Amendment
Article 89
(1) The initiative for amending the Constitution shall belong
both to the President of the Republic on the proposal of the Prime
Minister and to the members of Parliament.
(2) A Government or private member's bill for amendment must be passed
by the two Assemblies in identical terms. The amendment shall become
definitive after approval by referendum
.
(3) Nevertheless, the proposed amendment shall not be submitted to a
referendum when the President of the Republic decides to submit it to
Parliament convened in Congress; in this case, the proposed amendment
shall be approved only if it is accepted by a three-fifths majority of
the votes cast. The Bureau of the Congress shall be that of the National
Assembly.
(4) No amendment procedure may be undertaken or followed when the
integrity of the territory is in jeopardy.
(5) The republican form of government shall not be subject to amendment.
Title XV Transitional Provisions
Article 90
(1) The ordinary session of Parliament is suspended. The mandate of the
members of the present National Assembly shall expire on the day that
the Assembly elected under this Constitution convenes.
(2) Until that day, the Government alone shall have the authority to
convene Parliament.
(3) The mandate of the members of the Assembly of the French Union shall
expire at the same time as the mandate of the members of the present
National Assembly.
Article 91
(1) The institutions of the Republic provided for by this Constitution
shall be established within four months after its promulgation.
(2) This time limit shall be extended to six months for the Community
institutions.
(3) The powers of the President of the Republic now in office shall
expire only when the results of the election provided for in Articles 6
and 7 of this Constitution are proclaimed.
(4) The member States of the Community shall participate in this first
election under the conditions deriving from their status on the date of
promulgation of the Constitution.
(5) The established authorities shall continue to perform their
functions in these States in accordance with the legislation and
regulations applicable at the time of entry into force of the
Constitution, until the authorities provided for by their new regimes
are set up.
(6) Until it is definitively constituted, the Senate shall consist of
the present members of the Conseil de la Republique. The organic
acts that will determine the definitive composition of the Senate must
be passed before July 31, 1959.
(7) The powers conferred on the Constitutional Council by Articles 58
and 59 of the Constitution shall be exercised, until this Council
has been set up, by a committee composed of the Vice President of the Conseil
d'Etat, as Chairman, the Presiding Judge of the Cour de Cassation,
and the Presiding Judge of the Cour des Comptes.
(8) The peoples of the member States of the Community shall continue to
be represented in Parliament until the measures required to implement
Title XII have been put into effect.
Article 92
(1) The legislative measures necessary for the setting up of the
institutions and, until they are set up, for the functioning of the
governmental authorities, shall be taken by the Council of Ministers,
after consultation with the Conseil d'Etat, in the form of
ordinances having legislative force.
(2) During the period laid down in Article 91 (1),
the Government shall be authorized to determine, by ordinances having
legislative force and passed in the same way, the electoral system of
the Assemblies provided for by the Constitution.
(3) During the same period and under the same conditions, the Government
may also, on all matters, take the measures it deems necessary for the
life of the nation, the protection of citizens or the safeguarding of
liberties.
(Ed. Note: This
document, in the 2000 French version, in which repealed language has
been omitted, contains 8,603 words; the Declaration of the Rights of Men
contains an additional 862 words, for a total of 9,465 words)
---Constitutions
of Other Nations
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