FRENCH CONSTITUTION

 How the party system in France is different to that in Germany?

Discuss in detail.2019
 Write the Composition, Powers and Position of the French
National Assembly. 2018
 Discuss the salient features of the judicial system in France. How
does it differ from that of the Britain and Pakistan? 2016
  Discuss the power of the president of France under the Fifth
Republic(PMS 2018)
 What is Supreme Soviet? Discuss its powers and functions.2015
 4. Analyse the role of political parties in the post 1958 political
system of France.2014
 Discuss the executive powers of the french president in detail 2012
 How local government functions in France? Discuss. 2009
 How is the French President elected? Give an objective analysis of
the power enjoyed by the President 2010
  Discuss various silent features of Constitution of France.(PMS
2016)
PROFILE
WRIITEN/RIGID FEDERAL

Mixture of Parliamentary and Presidential LIBERALISM

System

BICAMERAL LEGISLATURE SEPERATION OF POWERS

/DIVISION OF POWERS

Salient Features of French Constitution

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 smoothly 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 French political
system has evolved through five major constitutional models as follows:

 First Republic: 1792-1804

 Second Republic: 1848-1852
 Third Republic: 1870-1940
 Fourth Republic: 1946-1958
 Fifth Republic: 1958-present

So the current form of the French system is a relatively 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 and indeed politically - if not militarily - more powerful than the American
Presidency.

The current constitution can only be changed with the support of three-fifths (60%) of the
Congress which is the body formed when both houses of parliament, the National Assembly and
the Senate, meet at the Palace of Versailes to vote on proposed revisions to the constitution.

During the presidential election of 2007, Nicolas Sarkozy's manifesto proposed changes to
modernise the institutions of the Fifth Republic. The Comité de réflexion et de proposition sur la
modernisation et le rééquilibrage des institutions (literally : "A committee of reflection and
proposal on the modernisation and the re-balancing of the institutions") presided over by
Édouard Balladur, a former Prime Minister, was established in July 2007 and submitted its report
to the President in October 2007. This resulted in a bill which was approved by both chambers of
the legislature in 2008.

Controversially, the final approval was secured by only one vote more than the required three-
fifths majority of votes cast. Jack Lang, who broke his party whip, voted for the changes. The
President of the National Assembly, Bernard Accoyer, also voted for them which defied the
tradition whereby the President of the Assembly abstains from voting. Without those two votes,
the bill would not have passed.

The bill re-evaluated the role of the executive and strengthened the parliament's powers. The
President was banned from exercising more than two consecutive periods in office. There was
limitation of the exceptional power of the President after 30 and 60 days. However, some of the
proposals were not ratified, such as the introduction of proportional representation for election of
the National Assembly, the reform of representation in the Senate, and the ban on dual mandates.

A Written Constitution

The Constitution of the Fifth Republic is a written document, consisting of 92 Article’s divided into 15 titles
and extended to some 15 printed pages. As a document, it is not a well written. It is as one French writer Rene
Capital says, “The worst drafted text in our constitutional history”. It is so partly because it was drafted in a
hurry under conditions of national emergency and also because it was drafted under Gen. de Gaulle’s
inspiration, who had no clear notion of good government except that it must be strong and authoritarian.

A Rigid Document

The French Constitution is rigid in nature as it follows extraordinary methods for amendment. Under Article-
89 two methods are adopted. One, the President can put the amendment proposal to both the Houses of the
Parliament. If the ‘Parliament passes it by 2/5th or 315th majority it becomes law. Second, the President of the
Republic on the proposal of Prime Minister can put amendment before the Parliament or deputies themselves
can introduce any bill of amendment. It the proposed amendment is approved by simple majority, the
President- can put it before people at referendum, if the people by majority approve the amendment, it
becomes the part of the constitution.

Mixture of Parliamentary and Presidential System

The French constitution combines the elements of both the Parliamentary and Presidential systems. The
Council of Ministers is responsible to the National Assembly. The Assembly may question the responsibility
of government by a motion of censure. When the National Assembly adopts a motion of censure or when it
disapproves the programme or a declaration of general policy of the government, the premier must submit the
resignation of the government to the President. On the other hand, it is the President who is both the head of
State and head of Government. He possesses important legislative financial and judicial powers. He presides
over the meetings of the Council of Ministers and meetings of Defence Committee. He is the commander of
the armed forces. He can dissolve the National Assembly. Under Article-16 he has been given emergency
powers that make him a virtual dictator.

Basic Democratic Principles

The basic democratic principles have been incorporated in the constitution. Article-2 states that France is a
Republic, Indivisible, secular, democratic and social. It shall secure the equality of all citizens before law
without any distinction of origin, race and religion. It shall respect all beliefs. The motto of the Republic is
“Liberty, Equality and Fraternity”. National Sovereignty belongs to the people. Sufferage is universal, equal
and secret. Political Parties and groups are guaranteed freedom to carry on their activities.

Strong Presidency

The constitution provides for a strong President. The position of the President under the previous Republics
was weak. He neither reigned nor ruled. But the present position of the President is quite strong. He presides
over the meetings of the Council of Ministers and signs decrees and ordinances decided upon by the council.
He is the Supreme Commander of the armed forces and presides over the higher councils and committees of
national defence. He can dissolve the National Assembly. He can assume special powers in an emergency.

Limited Powers of Parliament

New constitution provides for a Parliament with a limited powers. Parliament can legislate on matters
enumerated in the constitution. The government can make laws on all: other matters by simple decree. Article-
37 states, “Matters, other than those that fall within the domain of law shall be of regulating character”. It
means that Parliament is not a supreme law-making authority. Its legislative competence is restricted. The
constitution itself has endowed the executive with legislative powers.

Bicameral Legislature

The constitution has established a. bicameral legislature. There are two chambers of Parliament, the National
Assembly which is the lower House consisting of 577 deputies who are directly elected for 5 years term and
the Senate which is the upper House, the total strength of which is 283 elected indirectly by “grand electors”
for a period of 9 years retiring 1/3rd every after. 3 years. The Parliament is no longer a supreme body and is
placed under superior authority of President of the Republic by depriving of many of its powers. However, the
Parliament has regained much of its powers, after the departure of Gen. de Gaulle, the father of the constitution
from the political scene.

Constitutional Council

The constitution provides for: Constitutional Council. It consists of 9 members, who are appointed for the non-
renewable term of 9 Nears. Three of them are appointed by President of the Republic, 3 by the President of the
National Assembly and 3 by the President of the Senate. Its main functions are to ensure the regularity of
election of

President of the Republic and to examine the validity of organic laws before their promulgation. It also settles
the disputes between the legislature and the executive.

The High Court of Justice

Article-67 of the- constitution provides for a High Court of Justice. It is composed of members of Parliament
elected in equal number by the National Assembly and the Senate after each general or partial election to those
bodies. It elects its chairman from among its members. Its main function is to try the President of the Republic
for high treason and the members of the government for their crimes and misdemeanors committed in the
discharge of their duties.

The High Council of the Judiciary

The constitution lays down that the President of the Republic shall be the guarantor of the independence of
Judiciary. It provides for High Council of Judiciary to assist It consists of 9 members appointed by the
President of the Republic who himself is its President. The Minister of Justice is its Vice-President. The
function of the Council is to present nomination for judges of the Supreme Court of Appeal and to give its
opinion on proposals of the Ministers of Justice in respect of the nomination of other judges. It is also
consulted on questions of pardon.
The Economic and Social Council
The constitution provides for the establishment of an economic and social council whose function is to give its
opinion on the government bills, ordinances and decrees as well as on Parliamentary bills submitted to it.

Referendum

Another important feature is that the President of the Republic can submit certain issues to the people at a
referendum. Article-II of the constitution provides that the President of the Republic on the proposals of the
government or on joint motion of the assemblies may submit any bill dealing with the organization of the
governmental authorities, entailing approval of the community agreement or providing for authorization to
ratify a treaty that without being contrary to the Constitution might affect the functioning of existing
institution.

Multi-Party System

In France, there is multi-party system. People have been give the constitutional right to form political
association or to join any such association of his own choice. Article-4 of the constitution declares, “Parties
and political groups play a part in exercising the rights- to vote”. The right to form parties and their freedom of
action are unrestricted. They must respect the principles of national sovereignty and of democracy.

From the study of these features of French Constitution, we can say that a bold and constructive attempt have
been taken by the Founding Fathers of the Constitution to wipe out the evil of political instability that had
previously plagued the- French political life. The present decidedly constitutes an improvement over all the
previous ones. In this constitution the framers have tried to put together the experiences of the Past, although it
has been labeled by some of the French writers as, “Tailor made for General de Gaulle”, “Quasi-Monarchical”,
“Quasi-Presidential”, “a Parliamentary Empire”, “Unworkable”, “the worst drafted text in French
constitutional history”. Yet it must be stated on the bases of its working that it has succeeded in giving French
a stable Republican government.

PRESIDENCY
 power of the president of France under the Fifth
Republic
 executive powers of the french president
 How is the French President elected
THE PRESIDENCY

Four of France's five Republics have had presidents as their heads of state, making the French
presidency the oldest presidency in Europe still to exist in some form. However, in each of the
Republics' constitutions, the President's powers, functions and duties - and his relation with
French governments - have differed. Under the Third and Fourth Republic, which were
parliamentary systems, the office of President of the Republic was a largely ceremonial and
powerless one. The constitution of the current Fifth Republic greatly increased the President's
powers and some have the described the current position as a constitutional monarch.

So 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 President has a very
limited form of suspensive veto: when presented with a law, he or she can request another
reading of it by Parliament, but only once per law.

The official residence of the President is the Élysée Palace.

Since 1875, the President has been barred from appearing in person before the National
Assembly or the Senate in order to ensure that the executive and the legislature are kept seperate.
However, in 2008, a constitutional amendment was carried which enables the President to
convene the Congress of the French parliament in order to make a declaration. A debate may
then follow his declaration, without his presence.

Following a referendum in 1962, the President is elected by universal suffrage. Candidates for
the Presidency must obtain 500 sponsoring signatures of elected officials from at least 30
departments or overseas territories. The post is 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. This is held two weeks later. All elections are held on a
Sunday.

In practice, no candidate secures more than 50% of the vote in the first round and therefore a
second round is always necessary. It is often said that the French vote with their heart in the first
round and with their head in the second round.

Following a referendum in 2000, the term of office for the Presidency is five years, a reduction
from the previous seven years. A President can seek a second term and normally secures it, but
two Presidents of the Fifth Republic have failed a re-election bid - Valéry Giscard d'Estaing and
Nicolas Sarkozy - and one - François Hollande - did not even seek a second term.

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'.

In May 2012, Nicolas Sarkozy, the incumbent President and candidate of the conservative UMP,
was beaten in the second round of the Presidential election by the Socialist Party candidate
François Hollande, the self-syled 'Mr Normal', who gained 51.63% of the vote. Hollande was the
first socialist President in France for 17 years and had never previously held ministerial office.
He soon became so unpopular in the polls that he acquired the new nickname of Monsieur
Flanby - a reference to a wobbly French pudding.

The last Presidential election was held on 23 April and 7 May 2017. In the first round, for the
first time since the Second World War neither candidate of the two main political parties - the
Socialist Party and what is now called The Republicans - won enough votes to go forward into
the second round. Instead the candidates in the second round were Emmanuel Macron of En
Marche! (On The Move) and Marine Le Pen of the National Front. Macron won the election,
securing 66.1%% of the vote. When he took office on 14 May 2017 at the age of just 39, he was
be the youngest person to head the French state since Napoleon

PARTY SYSTEM
 Analyse the role of political parties in the post 1958 political
system of France.
“The French party system”, write Blondel and Godfrey, “is unique in the
western world and probably in the world as well”.

Its salient features are as under:

1. Multi-Party System:
Like India, in France also a multi- party system is in operation. There are as
many as six major political parties and a number of small political parties. All
these parties contest elections and play a significant role in the political life of
France. The French are emotional by nature and their allegiance to their
respective parties is very deep. As one writer has beautifully remarked:
“Politics for the Englishmen and the Americans is a game white it is a battle
for the French.”

2. Constitutional Recognition of the Role of the Parties:

Unlike the American Constitution which is totally silent about the role of
political parties, the French Constitution accepts the role of parties and
political groups. Art. 4. reads: “Parties and political groups play a part in the
exercise of the right to vote. The right to form parties and their freedom of
action are unrestricted. They must respect the principles of national
sovereignty and of democracy.”

3. The Practice of Parliamentary Groups:

Another feature of the French Party System is that after the elections, the
members of the Parliament combine together to form parliamentary groups.
In each parliamentary group there are a number of members belonging to
different political parties. Frequently, the members defect from one
parliamentary group to another.

That is why Ogg and Zink call these groups ever-shifting parliamentary
groups bearing little or no relation to the divisions among the voters. In the
commissions of the Parliament, representation is given to these parliamentary
groups.

4. Existence of Regional Parties:

Like our own country, in France also there are present a number of regional
political parties. They have no national organisation and these work only in
their respective regions.

5. Political Defections and Frequent Changes:

In another way, the French Party- System is similar to the Indian party
system. In France also the evil practice of political defections prevails.
Frequently, the members of one political party defect to another or other
political parties. A number of political parties of France have similar
ideologies and that is why the members of one political party do not hesitate
to defect to another political party. In the words of Dorothy Pickles, “French
parties come and go in bewildering numbers, sometimes within a very short
time.”

6. Leftist and Rightist Parties:

Almost all the French political parties can be categorized under two
heads:
(i) Leftist Parties, and

(ii) Rightist Parties.

The Leftist Parties have socialist leanings. They favour state control over
industry and state intervention in the interest of planned economy. The
Rightist Parties are opposed to both these measures. However, many rightist
parties support state action for assisting small and uneconomic producers.
The Communist Party and the Socialist Party belong to the first group and the
Conservative Party and the Central Democratic Group belong to the second
category.

7. Organisational Diversity:
The organisation and policies of different political parties exhibit great
diversities. The parties cover a very large range extending from commission
on the left to anti-parliamentary and even fascist groups on the extreme right.
Some of the parties attach great importance to political principles and
doctrines while others have no agreed principles or even coherent policies.

Some of the parties are very well organised parties, while others have loose
organisations. The leftist parties are highly organised while the right wing
parties have no permanent organisations outside the Assembly.
The organised leftist parties are well disciplined parties and these formulate
their policies at the national level party congresses attended by delegates
representing local federations and in the meetings of parliamentary groups.
The right wing parties are continuously changing parties. Their ideology and
principles are not definite. Their parliamentary groups take every decision.

8. Domination of the Party Leader:

Another unique feature of the French Party System is that most of the parties
revolve round the personalities of their respective leaders. For popular
support, the members of the party depend upon the personality of their leader
or some leaders. The leader is the source of party unity. The members are
united because of common allegiance to a particular leader.

The French Party System has been working with all these features. The
working of the Fourth Republic west seriously limited and strained due to the
defects of the multi-party system. It acts as a primary factor responsible for
the political instability that came to dominate the French Political System
under the Fourth Republic.

As a result of such a bitter experience, the framers of the Constitution of the

Fifth Republic decided to reduce the role of the political parties in the French
political system. Consequently, the scheme of a semi-Presidential system was
chalked out in which the parliament and the cabinet were assigned a
decreased role in the functioning of the government. Correspondingly, there
came to be a decrease in the role of the political parties.

The French multi-party system was freed from its harmful fangs. It was now
made to play a relatively low profile-role in the political system-a role limited
to the sphere of law-making and deliberations in the Parliament. However,
the French Party System has been a rapidly changing party system and the
legacy of lack of political continuity in the past continues to be a source of
fluidity in the French party politics

LEGAL SYSTEM IN FRANCE

The nature of legal systems

Unlike English-speaking countries, which use a system of  "Common Law", France has a
system of "Civil law".
   Common law systems are ones that have evolved over the ages, and are largely based on
consensus and precedent. Civil law systems are largely based on a Code of Law.  Worldwide,
Common Law forms the basis of the law in most English-speaking countries, whereas Civil law
systems prevail in most of the rest of the world, with the notable exception of many Islamic
nations and China.
   In line with the democratic principle of the separation of powers, the French judiciary -
although its members are state employees - is independent of the legislative authority
(government).

2. The origins of the French legal system

The basis of the French legal system is laid out in a key document originally drawn up in 1804,
and known as the Code Civil,  or Code Napoléon, (Civil code or Napoleonic code) which laid
down the rights and obligations of citizens, and the laws of property, contract, inheritance, etc..
Essentially, it was an adaptation to the needs of nineteenth-century France of the principles of
Roman law and customary law. The Code Civil remains the cornerstone of French law to this
day, though it has been updated and extended many times to take account of changing society.
There are other codes, including notably the Code Pénal, or Penal code, which defines criminal
law.

3. The making of law
Laws in France, as in other democratic countries, are generally proposed by the Government of
the day, and must be passed by the two houses of the French Parliment, the National Assembly
and the Senate.  They become law as from the date on which they have been passed by
Parliament, signed into law by the President, and published in the Journal Officiel, or Official
Journal.  Statutory instruments (décrets, ordonnances) become law on signing by the minister(s),
and being published in the Journal Officiel. Publication in the electronic version of the J.O. is
sufficient.
4. The two branches of French law
Unlike the English-speaking countries, France has a dual legal system; one branch, known
as Droit public, or Public law,  defines the principles of operation of the state and public bodies.
This law is applied generally through public law courts, known as les Tribunaux administratifs.
The other system, known as Droit privé, or private law, applies to private individuals and
private bodies. 

4.1. Private law - le droit privé

This is the basic law of the land. It is administered through the judicial courts.
There are two judicial channels, a) those dealing with civil litigation, and b) those dealing
with criminal offences
a) Basic civil litigation concerning private individuals is dealt with by a local court, known as
a Tribunal d'Instance, or by a regional or departmental court known as  a Tribunal de Grande
Instance (TGI), depending on the importance of the case. Commercial and business law is
administered through institutions known as Tribunaux de commerce. These are known as "first
degree courts".
Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In France,
there is a fundamental right of appeal in all cases. In exceptional circumstances, judgements of
the Appeal Court can be contested at the highest level, the Cour de Cassation, the French
Supreme Court in matters of private law.
b) Everyday offences and petty criminal matters are generally dealt with either by a Juge de
proximité (a local magistrate) or a Tribunal de Police (police court); more serious matters will be
referred to the Tribunal Correctionnel, the criminal law equivalent of the TGI. The most serious
criminal offences, notably murder and rape, will be referred to a Cour d'Assises, or Assize court,
where they will tried by jury.
 

4.2. Public law - le droit public

Complaints or litigation concerning public officials in the exercise of their office are heard
in Tribunaux Administratifs, or Administrative Courts. For example, universities or public
academic institutions are regularly taken to court over claimed irregularities in the organisation
of exams. As in the private law system, appeals can be lodged, in this case with the Cour
administratif d'appel, or Administrative appeals court. The highest echelon, the Supreme Court
for public law, is the Conseil d'Etat, or Council of State, the body ultimately responsible for
determining the legality of administrative measures.

5. How the courts operate in France

French courts are presided over by Juges (Judges) also known
as  Magistrats (magistrates).  Magistrats,  are highly qualified professionals, almost all of whom
have graduated from the postgraduate School of Magistrature; they are high-ranking  juges . In
other words, a French Magistrat is not at all the same as a Magistrate in the English legal system.
   Criminal court proceedings can be  overseen by a juge d'instruction. The judge who is
appointed to the case is in charge of preparing the case and assessing whether it should come to
court. In legal jargon, this system is known as inquisitorial, as opposed to the adversarial system
used in Common Law legal systems.
   In court, the judge or judges arbirate between the the prosecution and the defence, both of
which are generally represented by their lawyers, or avocats. The French judicial system does
not have recourse to juries except in assize courts.
   If the case goes to appeal, the arguments of the prosecution and the defence are taken over by 
appeals specialists known as Avoués.

6. Recent reforms
In 2008, President Sarkozy announced plans to further reform and streamline the French
judiciary. Among the reforms were plans to reduce the number of courts, move  court procedures
towards a more adversarial system, and to get rid of the system of avoués in the courts of appeal.
This change has not yet been implemented.
   One reform recently tried out in a couple of Tribunaux correctionnels (criminal courts) was the
introduction of trial by jury, previously limited to the assize courts. Juries in this case were made
up of six members of the public, and three magistrates. But in 2013, the socialist administration
of François Hollande decided to scrap this reform, claiming the process was expensive, slowed
down the judicial procedure, and did not produce any significant change in results.

7. Getting a lawyer in France

If you wish to take legal action against someone or against an institution, if someone is taking
legal action against you (civil litigation), or if criminal charges have been brought against you
(for example for reckless driving), you may need to find a lawyer (trouver un avocat)..
   The consular services of the British, United States and other embassies in Paris, and consulates
in other cities, can often point you in the direction of an English-speaking lawyer. There are a
number of English-speaking lawyers practicing in France, including British and American
lawyers, qualified to practise as lawyers in France; though they are not to be found in every town
or city, far from it. To find one, check the local yellow pages, or contact the local Tribunal
d'Instance.
    Alternatively, contact a local French lawyer specialising in the appropriate field of law :
family law, inheritance law, property law, etc. In the end, proximity and competence are usually
more important than having an English-speaking lawyer; after all, your lawyer will be pleading
in a French court. And many French lawyers do have a basic ability to speak English.
   For companies, the situation is easier, and there are growing numbers of international
corporate law firms, including some very big ones, established in Paris, Lyon, Toulouse and
other big cities. For details contact the local consulate, the Tribunal de commerce, or the
Chamber of Commerce. The Franco-British chamber of commerce has a list of a number of
international  business law firms in France.

Legal Aid
Legal aid is easier to obtain, and cheaper, in France than in many other countries. A
useful first port of call for anyone wanting legal aid is the Maison de Justice, usually
attached to the local Tribunal d'Instance

THE NATIONAL ASSEMBLY

The lower house in the French political system is the National Assembly. This has 577 seats
representing single-member constituencies. The 2.5 million French people living abroad have the
opportunity to vote in one of 11 constituencies grouping areas of the world together.

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 (provided at least 25% of the
voters registered in that constituency turn out) 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. This is held one week later. All elections are
held on a Sunday.

Members of the National Assembly serve five-year terms.

The powers of the National Assembly in the Fifth Republic are limited compared to the position
under the Fourth Republic. The Assembly controls neither its sessions (dates and length are
determined by law) not its agenda (in practice, this is determined by the government). Essentially
the role is limited to budget and laws and the body tends to specialise in scrutinising day-to-day
government business. In cases of disagreement with the Senate, the position of the National
Assembly prevails. Critics have argued that the Assembly is weak in terms of setting its own
agenda and holding the exeutive to account.

Most members of the Assembly sit in a parliamentary group and each such group must have at
least 15 members. The benefits of being in a parliamentary group are that groups have access to
top positions in the Assembly and speaking time in debates plus provision of public funding.

THE SENATE

The upper house in the French political system is the Senate. This currently has a total of 348
seats (the number depends on population changes): 323 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 of 88,000 made up of city
councillors and local officials which provides a rural and therefore Right-wing bias to the
process. Indeed, since the Fifth Republic was established in 1958, Right-wing parties have
always held a majority in the Senate until the elections of September 2011 when the Left took
control for the first time. In the Senate elections of September 2014, the far-Right Front National
won representation - two seats - for the first time and the Left lost its majority.
Since 2004, members of the Senate 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 next Senate elections will be held in September 2020.

As with the National Assembly, the role of the Senate under the Fifth republic is limted
compared to the position under the Fourth Republic. 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).The Senate meets in the Luxembourg
Palace

POLITICAL PARTIES

France is a multi-party political system which means that often no one party wins a majority of
seats in the Assembly. Indeed the major parties themselves are often very fractional with shifting
personal allegiances.

French politics has historically been characterised by two politically opposed groupings but,
more recently, a third force has emerged and, in the few years, a fourth movement has sprung
into prominence, so that elections are now a much more complicated battlefield.

The earlier bi-polar model consisted of two groups:

 one Left-wing centred around the French Socialist Party with minor partners such as
Europe Ecology – The Greens (EELV) and the Radical Party of the Left
 the other Right-wing and centred around what was the neo-Gaullist Rally for the
Republic (RPR), then its successor the Union for a Popular Movement (UMP), and now -
since 2015 - the renamed Les Répubicains, with support from the New Centre.

The growing third movement is building on the support of the Right-wing, anti-immigrant Front
National (FN) which first made waves in the European Parliament elections of 1984 when it won
almost 11% of the votes. More recently, it did particularly well in the local elections of March
2014, actually topped the polls in the European elections of May 2014, and went on to win the
first round of the regional elections in December 2015 (with almost 28% of the vote). The party
is led by Marine Le Pen who came second the first and second rounds of the presidential election
of 2017. The party has now been renamed the National Rally (RN).)

The new fourth movement is called La République En Marche or La REM (The Republic On
The Move) which was founded just over a year before the last Presidential and National
Assembly elections by Emmanuel Macron who had never been elected to any office but was a
finance minister in the Socialist Government. Macron won the presidential election in May 2017
and his new party won the National Assembly elections in June 2017.

Other significant players include the hard left La France Insoumise (France Unbowed), which is
increasingly challenging the collapsing Socialist Party, and the Communist Party, which in
recent local elections has created joint lists with the Socialist Party.
For the first time in the history of the Fifth Republic, in June 2012 the Socialist grouping held all
three elected arms of government: the Presidency, the National Assembly and the Senate. But
this did not last long: in the Senate elections of September 2014, the Left lost control of the
upper house. Now La REM holds the Presidency and the National Assembly.

The last Assembly elections were held on 11 and 18 June 2017. La République En Marche (La
REM) - a party which did not exist a year ana half before - won a stunning victory, taking 308
seats and, once one adds the 42 seats secured by the allied Democratic Movement (MoDem),
there is an overall majority in the Assembly. The main opposition group, Les Répubicains, won
only 112 seats. although with alies that number rises to 137. The Socialist Party ended up with
just 29 seats and the hard left La France Insoumise (France Unbowed) has 17 seats. The hard
right National Front has 8 seats.

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.

The French take their politics seriously and voter participation can be very high (it was 79.48%
in the 2012 Presidential election). However, voter participation varies significantly across
elections. Abstention was at a 56% high in the 2014 European elections and about 50% in the
first round of both local elections of 2015. In the Assembly election of 2017, turnout was only
43%.

THE JUDICIARY

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 - known as "les sages" (the wise) - are de jure members of
the Constitutional Court. Currently there are three of them, giving the court a membership of 12.

The Court meets infrequently, only upon referral of legislation by the President, the Prime
Minister or at least 40 Deputies in the National Assembly.
LOCAL GOVERNMENT

Although there have been recent moves to decentralisation, France is still one of the most
centralised major countries in Europe and the world. It is colloquially known as mille-feuille,
after the puff pastry of many layers and lots of cream.

Administrative units with a local government in Metropolitan France (that is, the parts of France
lying in Europe) consist of:

 about 36,000 communes, headed by a municipal council and a mayor, grouped in

 96 départements, headed by a conseil général (general council) and its president, grouped
in
 13 régions (recently reduced from 22), headed by a regional council and its president.

Essentialy the system of local government has not been reformed since the time of Napoléon in
the early 1800s, but in December 2015 there were elections to 13 new super regions - down from
the previous 22 regions - and the new structure is estimated to save 15 billion Euros (over £12
billion).

POLITICAL REFORM

Following his campaign promises, in May 2018 President Macron tabled a suite of proposals for
political reform.

The headlime proposals - which command a fair degree of support - are as follows:

 a reduction in the number of deputies in the National Assembly from 577 to 404
 a reduction in the number of members of the Senate from 348 to 244
 the introduction of proportional representation at national level for the election of 15% of
deputies
 a limit on elected members to serving three consecutive terms

Other, more procedural reforms - which have much less support - are as follows:

 new limits on deputies and senators to introduce amendments to bills

 a reduction in the time provided to find a compromise when deputies and senators do not
agree on the text of bills to benefit the version adopted by the National Assembly rather
than the Senate
 an increase in the control of parliament's agenda by the government

National Assembly debates on these proposals were suspended in July 2018, but the government
is likely to reintroduce the proposals some time in 2019.

CONCLUSION
The election of Emmanuel Macron to the Presidency and the success of his party La République
En Marche in the Assembly elections have totally transformed French politics and, as well as all
sorts of policy changes, there may well be constitutional changes, but currently economic
reforms have been limited and progress on political reforms is stalled.