President of the French Republic
From Wikipedia, the free encyclopedia
| France |
 This article is part of the series: |
|
|
|
Other countries · Politics Portal |
The President of the French Republic (French: Président de la République française) colloquially referred to as President of France, is France's elected Head of State.
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. In each of the republics' constitutions, the president's powers, functions and duties, and their relation with French governments differed.
The current President of the Republic is Jacques Chirac.
Contents |
[edit] Presidential powers
The French Fifth Republic is a semi-presidential system. Unlike many other European presidents, the office of the French President is quite a powerful one, especially in matters of foreign policy. Although it is the prime minister and parliament that oversee much of the nation's actual lawmaking, the French President wields significant influence, both formally and from constitutional convention. The president holds the nation's most senior office, and outranks all other politicians.
Perhaps the president's greatest power is his or her ability to choose the prime minister. However, since only the French National Assembly has the power to dismiss the Prime Minister's gouvernement, the president is forced to name a prime minister that commands the support of the majority of this assembly.
- When the majority of the Assembly has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president. Still, the constitutional convention is that the president directs foreign policy, though he must work on that matter with the Minister of Foreign Affairs.
- When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is then often a mere "fuse" — and can be replaced if the administration becomes unpopular.
Among the formal powers of the president:
- The president promulgates laws.
- 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 president may also refer the law for review to the Constitutional Council prior to promulgation.
- The president may dissolve the French National Assembly
- The president may refer laws to popular referendum, within certain conditions.
- The president names the Prime minister but he cannot dismiss him.
- The president names certain high officials (with the assent of the cabinet).
- The president names certain members of the Constitutional Council.
- The president receives foreign ambassadors.
- The president may grant a pardon (but not an amnesty) to convicted criminals; the president can also lessen or suppress criminal sentences. This was of crucial importance when France still operated the death penalty: criminals sentenced to death would generally request that the president commute their sentence to life imprisonment.
All decisions of the president must be countersigned by the Prime minister, except dissolving the French National Assembly.
There is a tradition of so-called "presidential amnesties", which are something of a misnomer: after the election of a president, and of a National Assembly of the same party, parliament traditionally votes a law granting amnesty for some petty crimes. This practice has been increasingly criticized, particularly because it is believed to incite people to commit traffic offences in the months preceding the election. Such an amnesty law may also authorize the president to designate individuals who have committed certain categories of crimes to be offered amnesty, if certain conditions are met. Such individual measures have been criticized for the political patronage that they allow. Still, it is argued that such amnesty laws help reduce prison overpopulation. An amnesty law was passed in 2002; it is unknown whether another will be passed in 2007.
The difference between an amnesty and a presidential pardon is that the former clears all subsequent effects of the sentencing, as though the crime had not been committed, while pardon simply relieves the sentenced individual from part or all of the remaining of the sentence.
[edit] Election
Since a 2000 referendum, the President of France has been directly elected to a five-year term by universal suffrage. (Prior to 2000, presidential terms lasted seven years, and the first election to a shorter term was held in 2002). President Chirac was first elected in 1995 and again in 2002. His current term will thus expire in 2007. There is no term limit, so Chirac could run again, but has confirmed he will not.
François Mitterrand is the only President to date who has served a full two terms.
In order to be admitted as an official candidate, potential candidates must receive signed support from more than 500 elected officials, mostly mayors. There are approximately 45 000 elected officials that are on the list of such officials, including approximately 36 000 mayors.
Spending and financing of campaigns and political parties are highly regulated. There is a cap on spending, at approximately 20 million Euros, and a government public financing of 50% of spending. Advertising on TV is forbidden but official time is given to candidates on public TV. An independent agency regulates election and parties financing.
The method of French presidential elections is run-off voting which ensures the elected President always obtains a majority of the vote. If none of the candidates manage to receive the majority of the votes then the top two candidates in the election arrive at a run off. This practice has been criticized because it lets potentially unwanted minority candidates to a run-off. After the president is elected, he goes through a solemn investiture ceremony.[1]
| Candidates | Nominating parties | Votes 1st round | % | Votes 2nd round | % |
|---|---|---|---|---|---|
| Jacques Chirac | Rally for the Republic (Rassemblement pour la République) | 5,666,440 | 19.88% | 25,537,956 | 82.2% |
| Jean-Marie Le Pen | National Front (Front national) | 4,805,307 | 16.86% | 5,525,032 | 17.8% |
| Lionel Jospin | Socialist Party (Parti socialiste) | 4,610,749 | 16.18% | ||
| François Bayrou | Union for French Democracy (Union pour la démocratie française) | 1,949,436 | 6.84% | ||
| Arlette Laguiller | Workers' Struggle (Lutte ouvrière) | 1,630,244 | 5.72% | ||
| Jean-Pierre Chevènement | Citizens' Movement (Mouvement des citoyens) | 1,518,901 | 5.33% | ||
| Noël Mamère | The Greens (Les verts) | 1,495,901 | 5.25% | ||
| Olivier Besancenot | Revolutionary Communist League (Ligue communiste révolutionnaire) | 1,210,694 | 4.25% | ||
| Jean Saint-Josse | Hunt, Fish, Nature, Traditions (Chasse, pêche, nature, traditions) | 1,204,863 | 4.23% | ||
| Alain Madelin | Classic Liberal Democracy (Démocratie libérale) | 1,113,709 | 3.91% | ||
| Robert Hue | French Communist Party (Parti communiste français) | 960,757 | 3.37% | ||
| Bruno Mégret | National Republican Movement (Mouvement national républicain) | 667,123 | 2.34% | ||
| Christiane Taubira | Left Radical Party (Parti radical de gauche) | 660,576 | 2.32% | ||
| Corinne Lepage | Citizenship, Action, Participation for the XXIst Century (Citoyenneté action participation pour le XXIe siècle) | 535,911 | 1.88% | ||
| Christine Boutin | Forum of Social Republicans (Forum des républicains sociaux) | 339,142 | 1.19% | ||
| Daniel Gluckstein | Party of the Workers (Parti des travailleurs) | 132,702 | 0.47% | ||
| Total (turnout 71.6 %) | 28,502,455 | 100.0 | 31,062,988 | 100.0 | |
| Source: Yahoo France and Rulers. | |||||
| Runoff results source: http://www.electionresources.org/fr/president.php?election=2002 | |||||
[edit] Current constitutional powers
The constitutional attributions of the president are defined in Title II of the Constitution of France.
Article 5 The President of the Republic shall see that the Constitution is observed. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the State. He shall be the guarantor of national independence, territorial integrity and observance of treaties.
Article 8 The President of the Republic shall appoint the Prime Minister. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government. 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 The President of the Republic shall promulgate Acts of Parliament within fifteen days following the final adoption of an Act and its transmission to the Government. He may, before the expiry of this time limit, ask Parliament to reconsider the Act or sections of the Act. Reconsideration shall not be refused.
While the president has to sign all acts adopted by parliament into law, he cannot refuse to do so and exercise a kind of right of veto; his only power in that matter is to ask for a single reconsideration of the law by parliament.
Article 11 [the president may submit laws to the citizens in a referendum]
Article 12 The President of the Republic may, after consulting the Prime Minister and the Presidents of the assemblies, declare the National Assembly dissolved. A general election shall take place not less than twenty days and not more than forty days after the dissolution. The National Assembly shall convene as of right on the second Thursday following its election. Should it so convene outside the period prescribed for the ordinary session, a session shall be called by right for a fifteen-day period. No further dissolution shall take place within a year following this election.
Article 13 The President of the Republic shall sign the ordinances and decrees deliberated upon in the Council of Ministers. He shall make appointments to the civil and military posts of the State. [...]
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 Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the assemblies and the Constitutional Council. He shall inform the Nation of these measures in a message. The measures must stem from the desire to provide the constitutional public authorities, in the shortest possible time, with the means to carry out their duties. The Constitutional Council shall be consulted with regard to such measures. Parliament shall convene as of right. The National Assembly shall not be dissolved during the exercise of the emergency powers.
Article 16, allowing the president a limited form of rule by decree for a limited period of time in exceptional circumstance, has been used only once, by Charles de Gaulle during the Algerian War, from April 23 to September 29, 1961.
Article 17 The President of the Republic has the right to grant pardon.
Article 18 The President of the Republic shall communicate with the two assemblies of Parliament by means of messages, which he shall cause to be read and which shall not be the occasion for any debate. Outside sessions, Parliament shall be convened especially for this purpose.
Since 1875, the President is prohibited from entering the houses of Parliament.
Article 19 Acts of the President of the Republic, other than those provided for under articles 8 (first paragraph), 11, 12, 16, 18, 54, 56 and 61, shall be countersigned by the Prime Minister and, where required, by the appropriate ministers.
[edit] Succession
| Part of a series on: Orders of Succession |
|---|
| Presidencies |
|
Argentina |
| see also: Monarchies Former Monarchies |
Upon the death or resignation of the President, the President of the Senate acts as interim president. Alain Poher is the only person to have served this temporary position. The first time in 1969 after Charles de Gaulle's resignation and a second time in 1974 after Georges Pompidou's death. It is important to note that, in this situation, the President of the Senate only acts as President of the Republic; they do not become the new President of the Republic and therefore do not have to resign from their position as President of the Senate.
The first round of a new presidential election must be organised no sooner than twenty days and no later than thirty-five days following the vacancy of the presidency. Because fifteen days can separate the first and second rounds of a presidential election, this means that the President of the Senate can only act as President of the Republic for a maximum period of fifty days. During this period of Interim the acting president is not allowed to dismiss the national assembly nor are they allowed to call for a referendum or initiate any constitutional changes.
If there is no acting president of the senate, the powers of the president of the republic are exercised by the "Gouvernement", meaning the Cabinet. This has been interpreted by some constitutional academics as meaning first the Prime Minister and, if he is himself not able to act, the members of the cabinet in the order of the list of the decree that nominated them. This is in fact unlikely to happen, because if the president of the Senate is not able to act, the Senate will normally name a new president of the Senate, that will act as President of the Republic.
[edit] Other information
The official residence and office of the president is the Élysée Palace in Paris. Other presidential residences include:
- the Fort de Bregançon, in southeastern France, is the current official presidential vacationing residence;
- the Hôtel de Marigny; standing next to the Élysée Palace, it houses foreign official guests;
- the Château de Rambouillet is normally open to visitors when not used for (rare) official meetings;
- the Domaine National de Marly is normally open to visitors when not used for (rare) official meetings;
- the Domaine de Souzy-la-Briche, not a historical monument, is a private residence.
The president of France is also the ex officio Co-Prince of Andorra and Grand Master of the Légion d'honneur.
[edit] Age upon entering office
- Charles de Gaulle, 68
- Georges Pompidou, 57
- Valéry Giscard d'Estaing, 48
- François Mitterrand, 64
- Jacques Chirac, 62
[edit] History
Under the Third and Fourth Republic, which were parliamentary systems, the office of President of the Republic was a largely ceremonial and powerless one.
[edit] Presidents of France
The list below follows on from List of French monarchs.
- Second Republic
- Louis-Napoléon Bonaparte, 1848-1852 (proclaimed himself Emperor in 1852, Empire ratified in referendum, ruled until 1870 when republican rule was restored.)
- Interim President
- Louis Jules Trochu, 1870-1871
- Third Republic
- Adolphe Thiers, 1871-1873 (Thiers became president before the adoption of the Constitution of 1875 so his constitutional position was different from that of later presidents.)
- Patrice Mac-Mahon, duc de Magenta, 1873-1879
- Jules Grévy, 1879-1887
- Marie François Sadi Carnot, 1887-1894
- Jean Casimir-Perier, 1894-1895
- Félix Faure, 1895-1899
- Émile Loubet, 1899-1906
- Armand Fallières, 1906-1913
- Raymond Poincaré, 1913-1920
- Paul Deschanel, February 18, 1920 - September 21, 1920
- Alexandre Millerand, 1920-1924
- Gaston Doumergue, 1924-1931
- Paul Doumer, 1931-1932
- Albert Lebrun, 1932-1940
- Vichy France
- Henri Philippe Pétain, 1940-1944 ("Head of State", not President)
- Free France
- Charles de Gaulle, 1940-1944 ("Head of the Free French", not President)
- Provisional Government of the Republic ("Chairman of the Provisional Government", not President)
- Charles de Gaulle, 1944-1946
- Félix Gouin (SFIO), 1946
- Georges Bidault (MRP), 1946
- Léon Blum (SFIO), 1946-1947
- Fourth Republic
- Vincent Auriol (SFIO), 1947-1954
Jacques Chirac, current President of the French Republic. - René Coty, 1954-1959
- Vincent Auriol (SFIO), 1947-1954
- Fifth Republic
- Charles de Gaulle (UNR/UDR), 1959-1969
- Georges Pompidou (UDR), 1969-1974
- Valéry Giscard d'Estaing (UDF), 1974-1981
- François Mitterrand (Socialist), 1981-1995
- Jacques Chirac (RPR/UMP), 1995-2007
- Senate President Alain Poher twice acted as President for a few months immediately following de Gaulle's resignation (1969) and Pompidou's death (1974).
