FRENCH POLITICAL SYSTEM
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Although the Greeks might claim that democracy originates from the ancient city state of Athens, the French could plausibily argue that modern democracy emanates from the French Revolution of 1789 - although the course of democracy in France has hardly run smooth since then.
Indeed, unlike the American political system [click here] and the British political system [click here] which essentially have existed in their current form for centuries, the current French political system is a much more recent construct dating from 1958 and today's Fifth Republic – which centralises substantial power in the President - is a response to the political weaknesses of the pre-Second World War Third Republic and post-war Fourth Republic.
The Fifth Republic came about following a political crisis over France's colonial war in Algeria, when Charles de Gaulle took power under a new constitution which gave the President new executive powers compared to the Fourth Republic, making the post uniquely powerful in European politics.
In the French political system, the relationship between the President and the Prime Minister – the first- and second-highest authorities respectively - is critical. It is not always the case that these two individuals come from the same political party or part of the political spectrum and, when they are of different political persuasion (as was the case in 1986, 1993 and 1997), the two figures must practice a process of “cohabitation”.
Candidates for the Presidency must obtain 500 sponsoring signatures of elected officials from at least 30 departments or overseas territories. The post is directly elected in a two-stage voting system. A candidate who receives more than 50% of the vote in the first round is elected. However, if no candidate receives 50%, there is a second round which is a run-off between the two candidates who secured the most votes in the first round.
The term is five years, a reduction from the previous seven years.
The Presidency is easily the most powerful position in the French political system. Duties include heading the armed forces, appointment of the Prime Minister, power to dismiss the National Assembly, chairing the Council of Ministers (equivalent to the Cabinet in Britain), appointing the members of the highest appellate court and the Constitutional Court, chairing the Higher Council of the Judiciary, negotiating all foreign treaties, and the power to call referenda, but all domestic decisions must be approved by the Prime Minister. The official residence of the President is the Elysée Palace.
Nicolas Sarkozy, from the ruling, conservative UMP, won a decisive victory in the second round of the Presidential election in May 2007. He gained 53% of the vote, finishing six points ahead of his Socialist rival, Ségolène Royal.
The head of the government is the Prime Minister who is nominated by the majority party or coalition in the National Assembly and appointed by the President for an indefinite term.
The Prime Minister recommends Ministers to the President, sets out Ministers' duties and responsibilities, and manages the daily affairs of government. He issues decrees and is responsible for national defence.
The current Prime Minister is Francois Fillon of the UMP.
The Council of Ministers – typically consisting of around 15 individuals – is headed by the Prime Minister but chaired by the President. It is customary for the President, in consultation with the Prime Minister, to select elected representatives from the National Assembly for ministerial posts, but this is not a set rule. For example, there has been Raymond Barre, Prime Minister (1976-81), who prior to that appointment was a university economics lecturer, while Thierry Breton, Minister for Economy, Finance and Industry (2005-07) was a business man.
The lower house in the French political system is the National Assembly. This has 577 seats representing single-member constituencies.
Members of the National Assembly are directly elected in a two-stage voting system. A candidate who receives more than 50% of the vote in the first round is elected. However, if no candidate receives 50%, there is a second round which is a run-off between all those first round candidates who secured more than 12.5% of the votes in that first round. Members of the National Assembly serve five-year terms.
The National Assembly tends to specialise in scrutinising day-to-day government business. In cases of disagreement with the Senate, the position of the National Assembly prevails.
The upper house in the French political system is the Senate. This has a total of 321 seats: 296 representing mainland France, 13 representing French overseas territories, and 12 representing French nationals abroad. Many French Senators are also high-level local officials.
Members of the Senate are indirectly elected by an electoral college. Members serve a six-year term – a reduction from the previous nine years – and one-half of seats (previously one-third) come up for election every three years.
The Senate tends to specialise in constitutional matters and foreign affairs including European integration (it has a 'listening post' in Brussels, the headquarters of the European Union).
French politics are characterised by two politically opposed groupings: one Left-wing centred around the French Socialist Party and the other Right-wing and centred previously around the Rassemblement pour la République (RPR) and now its successor the neo-Gaullist Union for a Popular Movement (UMP). The executive branch is currently composed mostly of the UMP.
In France, unlike most other democracies, the majority of national politicians are former civil servants (often high-ranking). Most Presidents, many Cabinet members and a very large number of parliament members graduated from the same prestigious school, the Ecole Nationale d'Administration. <21 The French take their politics seriously and voter participation is very high (it was almost 86% in the 2007 Presidential election).
France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it. The basic principles of the rule of law were laid down in the Napoleonic Code.
The highest appellate court in France is called the Cour de Cassation and the six chief judges are appointed by the President. Unlike the supreme courts in other countries (such as the USA), it does not have the power of judicial review.
The power of judicial review is vested in a separate Constitutional Court which is a unique creation of the Fifth Republic. The court consists of nine members: one appointment made by each of the President, the President of the Senate, and the President of the National Assembly every three years for a nine-year, non-renewable term. This contrasts with the US system where the President makes all appointments to the Supreme Court but then the appointments are for life.
All former Presidents of the Republic are de jure members of the Constitutional Court.
The Court meets infrequently, only upon referral of legislation by the President, the Prime Minister or the the Parliament.
ROGER DARLINGTON
Last modified on 26 June 2008
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