Constitution of France -1958

France is an indivisible, secular, democratic and social republic

Constitution of October 4, 1958

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UPDATE : 2022 FRB

Consolidated version as of December 24, 2019

Law

The Government of the Republic, in accordance with the constitutional law of June 3, 1958, proposed, The French people adopted, The President of the Republic promulgates the constitutional law whose content follows:

Article PREAMBLE Find out more about this article …

Amended by Constitutional law n ° 2005-205 of March 1, 2005 – art. 1

The French People solemnly proclaim their attachment to Human Rights and to the principles of national sovereignty as defined by the Declaration of 1789, confirmed and supplemented by the preamble to the 1946 Constitution, as well as to the rights and duties defined in the 2004 Environmental Charter.

By virtue of these principles and that of the self-determination of the peoples, the Republic offers to the overseas territories which manifest the will to join it new institutions based on the common ideal of freedom, equality and fraternity and designed for their democratic development.

Article 1 

Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 1

France is an indivisible, secular, democratic and social Republic. It ensures equality before the law for all citizens without distinction of origin, race or religion. She respects all beliefs. Its organization is decentralized.

The law promotes equal access of women and men to electoral mandates and elective offices, as well as to professional and social responsibilities.

Title one: Sovereignty

Article 2 
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 8

The language of the Republic is French.

The national emblem is the tricoloured flag, blue, white, red.

The national anthem is the “Marseillaise”.

The motto of the Republic is “Liberty, Equality, Fraternity”.

Its principle is: government of the people, by the people and for the people.

Article 3
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 1

National sovereignty belongs to the people who exercise it through their representatives and through the referendum.

No section of the people or any individual can claim the exercise of it.

Suffrage can be direct or indirect under the conditions provided for by the Constitution. it is always universal, equal and secret.

Voters, under the conditions determined by law, are all French nationals of full age, of both sexes, enjoying their civil and political rights.

Article 4
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 2

The political parties and groupings contribute to the expression of suffrage. They form and exercise their activity freely. They must respect the principles of national sovereignty and democracy.

They contribute to the implementation of the principle set out in the second paragraph of article 1 under the conditions determined by law.

The law guarantees pluralist expressions of opinion and the equitable participation of political parties and groupings in the democratic life of the Nation.

Title II: The President of the Republic

Article 5
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 9

The President of the Republic ensures respect for the Constitution. It ensures, by its arbitration, the regular functioning of the public powers as well as the continuity of the State.

He is the guarantor of national independence, territorial integrity and respect for treaties.

Article 6
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 3

The President of the Republic is elected for five years by direct universal suffrage.

No one may exercise more than two consecutive terms.

The modalities of application of this article are fixed by an organic law.

Article 7
Amended by Constitutional law n ° 2003-276 of March 28, 2003 – art. 12

The President of the Republic is elected by an absolute majority of the votes cast. If this is not obtained on the first ballot, a second round is held on the fourteenth day following. Only the two candidates can present themselves there, who, if necessary after withdrawing more favored candidates, find themselves having obtained the greatest number of votes in the first round.

The ballot is opened when convened by the Government.

The election of the new President takes place at least twenty days and at most thirty-five days before the expiration of the powers of the President in office.

In case of vacancy of the Presidency of the Republic for any reason whatsoever, or impediment noted by the Constitutional Council seized by the Government and ruling by an absolute majority of its members, the functions of the President of the Republic, at the except those provided for in articles 11 and 12 below, are provisionally exercised by the President of the Senate and, if he is in turn prevented from exercising these functions, by the Government.

In the event of a vacancy or when the impediment is declared final by the Constitutional Council, the ballot for the election of the new President takes place, except in cases of force majeure noted by the Constitutional Council, at least twenty days and thirty-five days before more, after the opening of the vacancy or the declaration of the definitive nature of the impediment.

If, within the seven days preceding the closing date for the submission of nominations, one of the persons who, less than thirty days before this date, has publicly announced his decision to be a candidate dies or is prevented from doing so, the Constitutional Council may decide to postpone the election.

If, before the first round, one of the candidates dies or is prevented, the Constitutional Council pronounces the postponement of the election.

In the event of the death or incapacity of one of the two most favored candidates in the first round before any withdrawals, the Constitutional Council declares that all electoral operations must be carried out again; the same applies in the event of the death or incapacity of one of the two candidates who remained in attendance for the second round.

In all cases, the Constitutional Council is seized under the conditions fixed in the second paragraph of article 61 below or in those determined for the presentation of a candidate by the organic law provided for in article 6 above.

The Constitutional Council may extend the time limits provided for in the third and fifth paragraphs without the ballot taking place more than thirty-five days after the date of the Constitutional Council’s decision. If the application of the provisions of this paragraph has had the effect of postponing the election to a date after the expiration of the powers of the President in office, the latter shall remain in office until the proclamation of his successor.

Neither articles 49 and 50 nor article 89 of the Constitution may be applied during the vacancy of the Presidency of the Republic or during the period which elapses between the declaration of the final nature of the impediment of the President of the Republic and the election of his successor.

Article 8

The President of the Republic appoints the Prime Minister. He terminates his functions upon his presentation of the resignation of the Government.

On the proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.

Article 9

The President of the Republic chairs the Council of Ministers.

Article 10

The President of the Republic promulgates laws within fifteen days of the transmission to the Government of the law finally adopted.

He may, before the expiration of this period, request from Parliament a new deliberation of the law or of certain of its articles. This new deliberation cannot be refused.

Article 11
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 4

The President of the Republic, on a proposal from the Government for the duration of the sessions or on a joint proposal of the two assemblies, published in the Official Journal, may submit to a referendum any bill relating to the organization of public authorities, on reforms relating to the nation’s economic, social or environmental policy and the public services which contribute to it, or which tend to authorize the ratification of a treaty which, without being contrary to the Constitution, would have repercussions on the functioning of the institutions.

When the referendum is organized on the proposal of the Government, the latter makes a declaration before each assembly which is followed by a debate.

A referendum on an object mentioned in the first paragraph may be organized on the initiative of one fifth of the members of Parliament, supported by one tenth of the voters registered on the electoral lists. This initiative takes the form of a bill and cannot have as its object the repeal of a legislative provision promulgated less than a year ago.

The conditions for its presentation and those under which the Constitutional Council monitors compliance with the provisions of the preceding paragraph are determined by an organic law.

If the bill has not been examined by the two assemblies within a period fixed by the organic law, the President of the Republic submits it to the referendum.

When the bill is not adopted by the French people, no new proposal for a referendum on the same subject may be presented before the expiration of two years following the date of the ballot.

When the referendum has concluded with the adoption of the bill or the bill, the President of the Republic promulgates the law within fifteen days following the proclamation of the results of the consultation.

NOTE:

Constitutional law n ° 2008-724 of July 23, 2008 article 46 I: Articles 11, 13, the last paragraph of article 25, articles 34-1, 39, 44, 56, 61-1, 65, 69, 71-1 and 73 of the Constitution, in their drafting resulting from this constitutional law, come into force under the conditions set by the laws and organic laws necessary for their application.

Organic law n ° 2013-1114 of December 6, 2013 implementing article 11 of the Constitution and provided for in article 46-I of constitutional law n ° 2008-724 of July 23, 2008, will come into force on 1 January 1 , 2015 by virtue of its article 10 providing that: “This organic law comes into force on the first day of the thirteenth month following that of its promulgation.”

Article 12
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 3

The President of the Republic may, after consulting the Prime Minister and the Presidents of the Assemblies, pronounce the dissolution of the National Assembly.

General elections take place at least twenty days and at most forty days after the dissolution.

The National Assembly meets as of right on the second Thursday following its election. If this meeting takes place outside the period provided for the ordinary session, a session is automatically opened for a period of fifteen days.

A new dissolution cannot be carried out in the year following these elections.

Article 13
Amended by Constitutional law n ° 2003-276 of March 28, 2003 – art. 12

Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 5

The President of the Republic signs the ordinances and decrees deliberated in the Council of Ministers.

He appoints civil and military jobs in the state.

The State Councilors, the Grand Chancellor of the Legion of Honor, the ambassadors and extraordinary envoys, the Master Councilors at the Court of Auditors, the prefects, the representatives of the State in the overseas collectivities governed by article 74 and in New Caledonia, the general officers, the rectors of the academies, the directors of the central administrations, are appointed in the Council of Ministers.

An organic law determines the other posts which are filled in the Council of Ministers as well as the conditions under which the power of appointment of the President of the Republic can be delegated by him to be exercised in his name.

An organic law determines the posts or functions, other than those mentioned in the third paragraph, for which, because of their importance for the guarantee of rights and freedoms or the economic and social life of the Nation, the power to appoint the President of the République is exercised after public notice from the competent standing committee of each assembly. The President of the Republic cannot make a nomination when the addition of negative votes in each committee represents at least three fifths of the votes cast in the two committees. The law determines the competent standing committees according to the jobs or functions concerned.

Article 14

The President of the Republic accredits ambassadors and extraordinary envoys to foreign powers; foreign ambassadors and envoys are accredited to him.

Article 15

The President of the Republic is the head of the armies. He chairs the senior councils and committees of National Defense.

Article 16
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 6

When the institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international commitments are threatened (1) in a serious and immediate manner and that the regular functioning of the constitutional public powers is interrupted, the President of the Republic takes the measures required by these circumstances, after official consultation with the Prime Minister, the Presidents of the Assemblies and the Constitutional Council.

He informs the Nation by a message.

These measures must be inspired by the desire to ensure that the constitutional public authorities, as soon as possible, have the means to accomplish their mission. The Constitutional Council is consulted on them.

Parliament meets as of right.

The National Assembly cannot be dissolved during the exercise of exceptional powers.

After thirty days of the exercise of exceptional powers, the Constitutional Council may be seized by the President of the National Assembly, the President of the Senate, sixty deputies or sixty senators, for the purpose of examining whether the conditions set out in the first paragraph remain met . It decides in the shortest possible time by a public notice. He automatically carries out this examination and decides under the same conditions at the end of sixty days of exercise of the exceptional powers and at any time beyond this period.

NOTE:

(1): This article was originally published with a spelling error. The term “threatened” should indeed be written “threatened”.

Article 17
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 7

The President of the Republic has the right to pardon individually.

Article 18
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 8

The President of the Republic communicates with the two Assemblies of the Parliament by messages which he makes read and which do not give rise to any debate.

He may speak before the Parliament convened for this purpose in Congress. His declaration may give rise, outside his presence, to a debate which is not subject to a vote.

Out of session, parliamentary assemblies are specially convened for this purpose.

Article 19

The acts of the President of the Republic other than those provided for in articles 8 (1st paragraph), 11, 12, 16, 18, 54, 56 and 61 are countersigned by the Prime Minister and, where applicable, by the ministers responsible.

Title III: The Government

Article 20

The Government determines and conducts the policy of the Nation.

It has administration and armed force.

He is responsible to Parliament under the conditions and following the procedures provided for in Articles 49 and 50 .

Article 21

The Prime Minister directs the action of the Government. He is responsible for National Defense. He ensures the execution of laws. Subject to the provisions of article 13 , he exercises regulatory power and appoints civil and military posts.

It can delegate some of its powers to ministers.

He replaces, if necessary, the President of the Republic in the presidency of the councils and committees provided for in article 15 .

He may, exceptionally, replace him for the chairmanship of a Council of Ministers by virtue of an express delegation and for a specific agenda.

Article 22

The acts of the Prime Minister are countersigned, where appropriate, by the ministers responsible for their execution.

Article 23

The functions of a member of the Government are incompatible with the exercise of any parliamentary mandate, any function of professional representation of a national nature and any public employment or any professional activity.

An organic law sets the conditions under which the replacement of the holders of such mandates, functions or jobs.

The replacement of members of Parliament takes place in accordance with the provisions of article 25 .

Title IV: The Parliament

Article 24
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 9

Parliament votes the law. It controls the action of the Government. It assesses public policies.

It includes the National Assembly and the Senate.

The deputies to the National Assembly, the number of which cannot exceed five hundred and seventy-seven, are elected by direct suffrage.

The Senate, whose number of members cannot exceed three hundred and forty-eight, is elected by indirect suffrage. It ensures the representation of the territorial collectivities of the Republic.

French people living outside France are represented in the National Assembly and the Senate.

Article 25
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 10

An organic law fixes the duration of the powers of each assembly, the number of its members, their indemnity, the conditions of eligibility, the regime of ineligibility and incompatibility.

It also sets the conditions under which are elected the persons called upon to ensure, in the event of vacancy of the seat, the replacement of the deputies or the senators until the general or partial renewal of the assembly to which they belonged or their temporary replacement in case acceptance by them of government functions.

An independent commission, the law of which fixes the composition and the rules of organization and functioning, pronounces by a public opinion on the draft texts and legislative proposals delimiting the districts for the election of the deputies or modifying the distribution of the seats deputies or senators.

NOTE:

The provisions of article 25 of the Constitution relating to the temporary nature of the replacement of the deputies and senators accepting governmental functions, in their drafting resulting from this constitutional law, apply to the deputies and senators having accepted such functions prior to the date of entry into force of the organic law provided for in this article if, on the same date, they still exercise these functions and the parliamentary mandate for which they were elected has not yet expired.

Article 26
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 7

No member of Parliament may be prosecuted, sought arrested, detained or tried on the basis of opinions or votes expressed by him in the exercise of his functions.

No member of Parliament may be the subject, in criminal or correctional matters, of an arrest or any other measure depriving or restricting liberty without the authorization of the Bureau of the assembly of which he is a member. This authorization is not required in the event of a flagrant crime or delict or final conviction.

Detention, deprivation or restriction of liberty or the prosecution of a member of Parliament are suspended for the duration of the session if the assembly of which he is a member so requires.

The interested meeting is automatically convened for additional meetings to allow, if necessary, the application of the above paragraph.

Article 27

Any imperative mandate is null.

The right to vote of members of Parliament is personal.

Organic law may exceptionally authorize the delegation of votes. In this case, no one can receive delegation of more than one mandate.

Article 28
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 2

Parliament meets as of right in an ordinary session which begins on the first working day of October and ends on the last working day of June.

The number of sitting days that each assembly can hold during the ordinary session cannot exceed one hundred and twenty. The weeks of the meeting are fixed by each assembly.

The Prime Minister, after consulting the president of the assembly concerned, or the majority of the members of each assembly may decide to hold additional sitting days.

The days and times of the sessions are determined by the rules of each meeting.

Article 29

Parliament is convened in extraordinary session at the request of the Prime Minister or of the majority of the members composing the National Assembly, on a specific agenda.

When the extraordinary session is held at the request of the members of the National Assembly, the closure decree intervenes as soon as the Parliament has exhausted the agenda for which it has been convened and at the latest twelve days from its meeting .

The Prime Minister can alone request a new session before the expiration of the month following the closure decree.

Article 30

Except in cases in which Parliament meets as of right, extraordinary sessions are opened and closed by decree of the President of the Republic.

Article 31

Members of the Government have access to the two Assemblies. They are heard when they ask for it.

They can be assisted by government commissioners.

Article 32

The President of the National Assembly is elected for the duration of the legislature. The President of the Senate is elected after each partial renewal.

Article 33

The sessions of the two Assemblies are public. The full report of the debates is published in the Official Journal.

Each Assembly may sit in secret committee at the request of the Prime Minister or one tenth of its members.

Title V: Relations between Parliament and the Government

Article 34
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 11

The law sets the rules for:

– the civil rights and fundamental guarantees granted to citizens for the exercise of public freedoms; freedom, pluralism and independence of the media; the constraints imposed by National Defense on citizens in their person and their property;

– nationality, state and capacity of persons, matrimonial property regimes, successions and gifts;

-the determination of crimes and misdemeanors as well as the penalties applicable to them; criminal procedure; amnesty; the creation of new jurisdictions and the statute of magistrates;

-the base, the rate and the methods of collection of taxes of all kinds; the currency issuance regime.

The law also sets the rules for:

-the electoral regime of parliamentary assemblies, local assemblies and representative bodies of the French established outside of France as well as the conditions of exercise of electoral mandates and elective functions of the members of the deliberative assemblies of the territorial collectivities;

-the creation of categories of public establishments;

-the fundamental guarantees granted to civil and military officials of the State;

– nationalization of companies and transfers of ownership of companies from the public to the private sector.

The law determines the fundamental principles:

– the general organization of National Defense;

– the free administration of local authorities, their powers and their resources;

-Education ;

-the preservation of the environment;

-the property regime, real rights and civil and commercial obligations;

– labor law, union law and social security.

The finance laws determine the resources and the charges of the State under the conditions and under the reserves provided for by an organic law.

The social security financing laws determine the general conditions of its financial equilibrium and, taking into account their revenue forecasts, set its expenditure targets, under the conditions and subject to the reserves provided for by an organic law.

Programming laws determine the objectives of state action.

The multiannual public finance guidelines are defined by programming laws. They are part of the objective of balancing public administration accounts.

The provisions of this article may be clarified and supplemented by an organic law.

Article 34-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 12

Meetings can vote on resolutions under the conditions set by organic law.

Are motions for resolution which the Government considers that their adoption or rejection would be likely to call into question its responsibility or that they contain injunctions against it are inadmissible and cannot be placed on the agenda.

Article 35
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 13

The declaration of war is authorized by the Parliament.

The Government informed the Parliament of its decision to involve the armed forces abroad, at the latest three days after the start of the intervention. It specifies the objectives pursued. This information may give rise to a debate which is not followed by a vote.

When the duration of the intervention exceeds four months, the Government submits its extension to the authorization of the Parliament. He can ask the National Assembly to decide as a last resort.

If the Parliament is not in session at the end of the four-month period, it decides at the opening of the next session.

Article 36

The state of siege is decreed in the Council of Ministers. Its extension beyond twelve days can only be authorized by Parliament.

Article 37

Matters other than those which fall within the domain of the law are of a regulatory nature.

The texts of legislative form intervened in these matters can be modified by decrees taken after opinion of the Council of State. Those of these texts which would intervene after the entry into force of this Constitution may only be modified by decree if the Constitutional Council has declared that they are of a regulatory nature by virtue of the preceding paragraph.

Article 37-1
Created by Constitutional law n ° 2003-276 of March 28, 2003 – art. 3

The law and the regulations may include, for a limited purpose and for a limited period, provisions of an experimental nature.

Article 38
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 14

The Government may, for the execution of its program, ask Parliament for authorization to take, by ordinance, for a limited period, measures which are normally in the domain of the law.

Orders are taken in the Council of Ministers after consulting the Council of State. They enter into force upon their publication but become obsolete if the bill of ratification is not tabled before the Parliament before the date fixed by the enabling law. They can only be ratified expressly.

At the end of the period mentioned in the first paragraph of this article, the ordinances can no longer be modified except by law in matters which are within the legislative domain.

Article 39
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 15

The initiative of the laws belongs concurrently to the Prime Minister and to the members of the Parliament.

Bills are deliberated in the Council of Ministers after consulting the Council of State and deposited on the desk of one of the two Assemblies. The finance bill and social security finance bill are first submitted to the National Assembly. Without prejudice to the first paragraph of article 44, bills whose main object is the organization of local authorities are first submitted to the Senate.

The presentation of bills tabled before the National Assembly or the Senate meets the conditions set by an organic law.

Bills cannot be included on the agenda if the Conference of Presidents of the first assembly seized finds that the rules laid down by the organic law are disregarded. In the event of disagreement between the Conference of Presidents and the Government, the president of the assembly concerned or the Prime Minister can seize the Constitutional Council which decides within eight days.

Under the conditions provided for by law, the president of an assembly may submit for an opinion to the Council of State, before its examination in committee, a bill presented by one of the members of this assembly, unless the latter s opposes it.

Article 40

Proposals and amendments made by members of Parliament are not admissible when their adoption would result in either a reduction in public resources, or the creation or aggravation of a public office.

Article 41
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 16

If it appears during the legislative procedure that a proposal or an amendment is not within the scope of the law or is contrary to a delegation granted under article 38 , the Government or the president of the assembly seizure can oppose the inadmissibility.

In the event of disagreement between the Government and the President of the Assembly concerned, the Constitutional Council, at the request of one or the other, rules within eight days.

Article 42
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 17

The discussion of draft laws and proposals relates, during the meeting, to the text adopted by the commission seized in application of article 43 or, failing this, to the text before the assembly.

However, the discussion in session of constitutional revision projects, finance bills and social security finance bills relates, at first reading before the first assembly seized, to the text presented by the Government and, for the other readings, on the text transmitted by the other assembly.

Discussion during the sitting, at first reading, of a bill or a bill can only take place before the first assembly before the expiration of six weeks after its tabling. It cannot intervene, before the second assembly seized, until the expiration of a period of four weeks from its transmission.

The preceding paragraph does not apply if the accelerated procedure has been initiated under the conditions provided for in Article 45 . It also does not apply to finance bills, social security finance bills and projects relating to states of crisis.

Article 43
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 18

Bills and bills are sent for examination to one of the standing committees, the number of which is limited to eight in each assembly.

At the request of the Government or of the assembly which is seized of it, the draft laws or proposals are sent for examination to a commission specially designated for this purpose.

Article 44
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 19

Members of Parliament and the Government have the right of amendment. This right is exercised in session or in committee according to the conditions fixed by the regulations of the assemblies, within the framework determined by an organic law.

After the opening of the debate, the Government may oppose the examination of any amendment which has not previously been submitted to the committee.

If the Government requests it, the Assembly seized decides by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government.

Article 45
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 20

Any bill or bill is successively examined in the two Assemblies of the Parliament with a view to adopting an identical text. Without prejudice to the application of Articles 40 and 41 , any amendment is admissible at first reading as soon as it has a link, even indirect, with the text tabled or transmitted.

When, as a result of a disagreement between the two Assemblies, a bill cannot be adopted after two readings by each Assembly or, if the Government has decided to initiate the accelerated procedure without the Conferences of presidents are jointly opposed, after a single reading by each of them, the Prime Minister or, for a bill, the presidents of the two assemblies acting jointly, have the right to cause the meeting of a joint commission joint committee responsible for proposing a text on the provisions still under discussion.

The text drawn up by the joint commission may be submitted by the Government for approval to the two Assemblies. No amendment is admissible without the agreement of the Government.

If the joint commission fails to adopt a common text or if this text is not adopted under the conditions provided for in the preceding paragraph, the Government may, after a new reading by the National Assembly and by the Senate, ask the National Assembly to rule definitively. In this case, the National Assembly may adopt either the text drawn up by the joint committee, or the last text voted by it, modified if necessary by one or more of the amendments adopted by the Senate.

Article 46
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 21

The laws to which the Constitution confers the character of organic laws are voted and modified under the following conditions:

The project or proposal may not, at first reading, be submitted to the deliberation and the vote of the assemblies until the expiration of the deadlines fixed in the third paragraph of article 42 . However, if the accelerated procedure has been initiated under the conditions provided for in article 45 , the project or the proposal may not be submitted to the deliberation of the first assembly seized before the expiration of a period of fifteen days after its deposit. .

The procedure of article 45 is applicable. However, in the absence of agreement between the two assemblies, the text can only be adopted by the National Assembly at last reading by an absolute majority of its members.

The organic laws relating to the Senate must be voted in the same terms by the two assemblies.

Organic laws can only be promulgated after declaration by the Constitutional Council of their conformity with the Constitution.

Article 47
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 22

The Parliament votes the finance bills under the conditions provided for by an organic law.

If the National Assembly has not pronounced at first reading within the period of forty days after the tabling of a project, the Government applies to the Senate which must decide within fifteen days. It is then carried out under the conditions provided for in article 45 .

If the Parliament has not made a decision within seventy days, the provisions of the draft may be brought into force by ordinance.

If the finance law fixing the resources and charges for a financial year has not been tabled in good time to be promulgated before the start of the financial year, the Government urgently requests authorization from Parliament to collect taxes and opens by decree the appropriations relating to the voted services.

The deadlines provided for in this article are suspended when the Parliament is not in session.

Article 47-1
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 22

Parliament votes social security financing bills under the conditions provided for by an organic law.

If the National Assembly has not pronounced at first reading within the period of twenty days after the tabling of a project, the Government applies to the Senate which must decide within fifteen days. It is then carried out under the conditions provided for in article 45 .

If the Parliament has not voted within fifty days, the provisions of the draft can be implemented by ordinance.

The deadlines provided for in this article are suspended when the Parliament is not in session and, for each assembly, during the weeks in which it has decided not to hold a session, in accordance with the second paragraph of article 28 .

Article 47-2
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 22

The Court of Auditors assists the Parliament in controlling government action. It assists the Parliament and the Government in the control of the execution of finance laws and the application of social security finance laws as well as in the evaluation of public policies. Through its public reports, it contributes to informing citizens.

Public administration accounts are regular and fair. They give a true picture of the results of their management, their assets and their financial situation.

Article 48
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 23

Without prejudice to the application of the last three paragraphs of article 28 , the agenda is set by each meeting.

Two weeks of sitting out of four are reserved as a priority, and in the order that the Government has fixed, for examining the texts and debates for which it requests the inclusion in the agenda.

In addition, the examination of finance bills, social security finance bills and, subject to the provisions of the following paragraph, texts transmitted by the other assembly for at least six weeks, projects relating to states of crisis and authorization requests referred to in article 35 is, at the request of the Government, placed on the agenda by priority.

One sitting week out of four is set aside as a priority and in the order fixed by each assembly for monitoring government action and evaluating public policies.

One sitting day per month is reserved for an agenda set by each assembly on the initiative of the opposition groups of the assembly concerned as well as that of the minority groups.

At least one meeting per week, including during the extraordinary sessions provided for in Article 29 , is reserved by priority for questions from members of Parliament and answers from the Government.

Article 49
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 24

The Prime Minister, after deliberation of the Council of Ministers, engages before the National Assembly the responsibility of the Government on its program or possibly on a declaration of general policy.

The National Assembly calls into question the responsibility of the Government by the vote of a motion of censure. Such a motion is admissible only if it is signed by at least one tenth of the members of the National Assembly. Voting can only take place forty-eight hours after its deposit. Only votes in favor of the censure motion are counted, which can only be adopted by a majority of the members of the Assembly. Except in the case provided for in the paragraph below, a deputy may not be signatory to more than three censure motions during the same ordinary session and more than one during the same extraordinary session.

The Prime Minister may, after deliberation of the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a bill of finance or social security financing. In this case, this project is considered to be adopted, unless a motion of censure, filed within twenty-four hours which follows, is voted under the conditions provided for in the preceding paragraph. The Prime Minister can, moreover, have recourse to this procedure for another draft or a law proposal per session.

The Prime Minister has the power to ask the Senate for approval of a declaration of general policy.

Article 50

When the National Assembly adopts a motion of censure or when it disapproves of the program or a declaration of general policy of the Government, the Prime Minister must submit to the President of the Republic the resignation of the Government.

Article 50-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 25

Before one or other of the assemblies, the Government may, on its own initiative or at the request of a parliamentary group within the meaning of article 51-1 , make a declaration on a given subject which gives rise to for debate and may, if it decides, be subject to a vote without incurring its liability.

Article 51
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 6

The closing of the ordinary session or of the extraordinary sessions is of right delayed to allow, if necessary, the application of article 49. To this same end, additional meetings are of right.

Article 51-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 26
The rules of each assembly determine the rights of the parliamentary groups formed within it. It recognizes specific rights for opposition groups of the assembly concerned as well as for minority groups.
Article 51-2
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 26
For the exercise of the control and evaluation missions defined in the first paragraph of article 24 , committees of inquiry may be created within each assembly to collect, under the conditions provided for by law, elements of information.

The law determines their rules of organization and operation. Their conditions of creation are set by the rules of each meeting.

Title VI: Treaties and international agreements

Article 52

The President of the Republic negotiates and ratifies the treaties.

It is informed of any negotiations leading to the conclusion of an international agreement not subject to ratification.

Article 53

Peace treaties, trade treaties, treaties or agreements relating to international organization, those which commit the finances of the State, those which modify provisions of a legislative nature, those which relate to the state of persons , those which involve cession, exchange or addition of territory, can only be ratified or approved by virtue of a law. They do not take effect until they have been ratified or approved. No transfer, no exchange, no addition of territory is valid without the consent of the populations concerned.

Article 53-1
Created by Constitutional law n ° 93-1256 of November 25 … – art. unique

The Republic may conclude with European States which are bound by commitments identical to its own in matters of asylum and the protection of Human Rights and fundamental freedoms, agreements determining their respective competences for the examination of requests for asylum presented to them.

However, even if the request does not fall within their competence under these agreements, the authorities of the Republic still have the right to give asylum to any foreigner persecuted because of their action in favor of liberty or who seeks protection from France for another reason.

Article 53-2
Created by Constitutional law n ° 99-568 of July 8, 1999 – art. unique

The Republic may recognize the jurisdiction of the International Criminal Court under the conditions provided for in the treaty signed on July 18, 1998.

Article 54
Amended by Constitutional law n ° 92-554 of June 25, 1992 – art. 2

If the Constitutional Council, seized by the President of the Republic, by the Prime Minister, by the president of one or the other assembly or by sixty deputies or sixty senators, declared that an international engagement contains a clause contrary to the Constitution, the authorization to ratify or approve the international commitment in question can only intervene after the revision of the Constitution.

Article 55

Treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of laws, subject, for each agreement or treaty, of its application by the other party.

Title VII: The Constitutional Council

Article 56
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 27

The Constitutional Council consists of nine members, whose mandate lasts nine years and is not renewable. The Constitutional Council is renewed by thirds every three years. Three of the members are appointed by the President of the Republic, three by the President of the National Assembly, three by the President of the Senate. The procedure provided for in the last paragraph of article 13 is applicable to these appointments. The appointments made by the chairman of each meeting are subject to the sole opinion of the competent standing committee of the meeting concerned.

In addition to the nine members provided for above, the former Presidents of the Republic are ex-officio members of the Constitutional Council for life.

The President is appointed by the President of the Republic. It has a casting vote in the event of a split.

Article 57

The functions of member of the Constitutional Council are incompatible with those of minister or member of Parliament. The other incompatibilities are fixed by an organic law.

Article 58

The Constitutional Council ensures the regularity of the election of the President of the Republic.

It examines the complaints and announces the results of the poll.

Article 59

The Constitutional Council rules, in case of dispute, on the regularity of the election of deputies and senators.

Article 60
Amended by Constitutional law n ° 2005-204 of March 1, 2005 – art. 2

The Constitutional Council ensures the regularity of the referendum operations provided for in Articles 11 and 89 and in Title XV . He proclaims the results.

Article 61
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 28

Organic laws, before their promulgation, the legislative proposals mentioned in article 11 before they are submitted to a referendum, and the regulations of parliamentary assemblies, before their implementation, must be submitted to the Constitutional Council, which rule on their compliance with the Constitution.

For the same purposes, laws may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the Prime Minister, the President of the National Assembly, the President of the Senate or sixty deputies or sixty senators.

In the cases provided for in the two preceding paragraphs, the Constitutional Council must rule within one month. However, at the request of the Government, if there is an emergency, this period is reduced to eight days.

In these same cases, referral to the Constitutional Council suspends the promulgation period.

Article 61-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 29

When, during a proceeding pending before a court, it is argued that a legislative provision infringes the rights and freedoms that the Constitution guarantees, the Constitutional Council may be seized of this question upon referral from the Council of State or the Court of Cassation which decides within a specified period.

An organic law determines the conditions of application of this article.

NOTE:

Organic law n ° 2009-1523 of December 10, 2009 relating to the application of article 61-1 of the Constitution was published in the Official Journal of December 11, 2009.

Article 62
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 30

A provision declared unconstitutional on the basis of article 61 cannot be promulgated or applied.

A provision declared unconstitutional on the basis of article 61-1 is repealed as from the publication of the decision of the Constitutional Council or from a later date fixed by this decision. The Constitutional Council determines the conditions and limits under which the effects which the provision has produced are likely to be called into question.

The decisions of the Constitutional Council are not subject to any appeal. They are binding on the public authorities and on all administrative and jurisdictional authorities.

Article 63

An organic law determines the rules of organization and operation of the Constitutional Council, the procedure which is followed before it, and in particular the time limits opened for seizing disputes.

Title VIII: Judicial authority

Article 64

The President of the Republic guarantees the independence of the judicial authority.

He is assisted by the Superior Council of the Magistrature.

An organic law establishes the status of magistrates.

The magistrates of the seat are irremovable.

Article 65

Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 31

The Superior Council of the Magistrature includes a competent training with regard to the magistrates of the seat and a competent training with regard to the magistrates of the parquet floor.

The competent formation with regard to the magistrates of the seat is chaired by the first president of the Court of Cassation. It also includes five magistrates of the seat and a magistrate of the public prosecutor’s office, a counselor of state designated by the Council of State, a lawyer as well as six qualified personalities who belong neither to the Parliament, nor to the judicial order , nor to the administrative order. The President of the Republic, the President of the National Assembly and the President of the Senate each designate two qualified personalities. The procedure provided for in the last paragraph of article 13 is applicable to the appointments of qualified personalities. The appointments made by the president of each assembly of Parliament are subject to the sole opinion of the competent standing committee of the

The competent formation with regard to the magistrates of the parquet floor is chaired by the public prosecutor near the Court of Cassation. It also includes five public prosecutors and a bench judge, as well as the State Councilor, the lawyer and the six qualified personalities mentioned in the second paragraph.

The formation of the Superior Council of the magistrature competent with regard to the magistrates of the seat makes proposals for the appointments of the magistrates of the seat to the Court of Cassation, for those of first president of court of appeal and for those of president of court of great authority. The other magistrates of the bench are appointed on its assent.

The formation of the High Council of the competent magistracy with regard to the magistrates of the parquet floor gives its opinion on the appointments which concern the magistrates of the parquet floor.

The formation of the Superior Council of the magistrature competent with regard to the magistrates of the seat rules like disciplinary council of the magistrates of the seat. It then includes, in addition to the members referred to in the second paragraph, the magistrate of the seat belonging to the formation competent with regard to the magistrates of the prosecution.

The formation of the Superior Council of the competent magistracy with regard to the magistrates of the parquet floor gives its opinion on the disciplinary sanctions which concern them. It then includes, in addition to the members referred to in the third paragraph, the public prosecutor belonging to the competent body with regard to the magistrates of the bench.

The High Judicial Council meets in plenary session to respond to requests for opinions formulated by the President of the Republic under Article 64. It decides, in the same formation, on questions relating to the ethics of magistrates as well as on any question relating to the functioning of justice referred to it by the Minister of Justice. The plenary assembly includes three of the five magistrates of the seat mentioned in the second paragraph, three of the five magistrates of the public prosecutor mentioned in the third paragraph, as well as the State Councilor, the lawyer and the six qualified personalities mentioned in the second paragraph. It is chaired by the first president of the Court of Cassation, who can be replaced by the Attorney General at this court.

Except in disciplinary matters, the Minister of Justice may participate in the training sessions of the Superior Council of the Magistrature.

The Superior Council of the magistracy can be seized by a litigant under the conditions fixed by an organic law.

The organic law determines the conditions of application of this article.

Article 66

No one can be arbitrarily detained.

The judicial authority, guardian of individual liberty, ensures respect for this principle under the conditions provided for by law.

Article 66-1
Created by Constitutional law n ° 2007-239 of February 23 … – art. 1

No one can be sentenced to death.

Title IX: The High Court

Article 67
Amended by Constitutional Law No. 2007-238 of February 23 … – art. unique

The President of the Republic is not responsible for acts performed in this capacity, subject to the provisions of articles 53-2 and 68.

He cannot, during his mandate and before any French court or administrative authority, be required to testify either than be the subject of an action, an act of information, instruction or prosecution. Any limitation or foreclosure period is suspended.

The proceedings and procedures which are thus obstructed may be resumed or brought against him at the end of a period of one month following the termination of their functions.

Article 68
Amended by Constitutional Law No. 2007-238 of February 23 … – art. unique

The President of the Republic can only be dismissed in the event of a breach of his duties manifestly incompatible with the exercise of his mandate. The dismissal is pronounced by the Parliament constituted in High Court.

The proposal for a meeting of the High Court adopted by one of the assemblies of Parliament is immediately transmitted to the other, which decides within fifteen days.

The High Court is presided over by the President of the National Assembly. It decides within one month, by secret ballot, on the dismissal. His decision has immediate effect.

Decisions taken pursuant to this article are taken by a two-thirds majority of the members of the assembly concerned or the High Court. Any delegation of vote is prohibited. Only votes favorable to the proposed meeting of the High Court or to dismissal are counted.

An organic law sets the conditions for the application of this article.

Title IX: The High Court of Justice. (Repealed)

Title X: Criminal responsibility of members of the Government

Article 68-1
Created by Law n ° 93-952 of July 27, 1993 – art. 4 JORF July 28, 1993

Members of the Government are criminally responsible for acts performed in the exercise of their functions and qualified as crimes or offenses at the time when they were committed.

They are tried by the Court of Justice of the Republic.

The Court of Justice of the Republic is bound by the definition of crimes and misdemeanors as well as by the determination of penalties as they result from the law.

Article 68-2
Created by Law n ° 93-952 of July 27, 1993 – art. 4 JORF July 28, 1993

The Court of Justice of the Republic includes fifteen judges: twelve parliamentarians elected, among them and in equal number, by the National Assembly and by the Senate after each general or partial renewal of these assemblies and three magistrates of the seat at the Court of cassation, one of which presides over the Court of Justice of the Republic.

Anyone who claims to be injured by a crime or an offense committed by a member of the Government in the exercise of his functions may lodge a complaint with a complaints commission.

This commission orders either the classification of the procedure, or its transmission to the Attorney General at the Court of Cassation for the purpose of referral to the Court of Justice of the Republic.

The Attorney General at the Court of Cassation can also seize the Court of Justice of the Republic ex officio on the assent of the complaints committee.

An organic law determines the conditions of application of this article.

Article 68-3
Created by Constitutional law n ° 95-880 of August 4, 1995 – art. 10

The provisions of this title are applicable to acts committed before its entry into force.

Title X: The Economic and Social Council. (Repealed)

Title XI: The Economic, Social and Environmental Council

Article 69
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 33

The Economic, Social and Environmental Council, seized by the Government, gives its opinion on draft laws, ordinances or decrees as well as on legislative proposals submitted to it.

A member of the Economic, Social and Environmental Council may be designated by it to present the Council’s opinion on the projects or proposals submitted to it before the parliamentary assemblies.

The Economic, Social and Environmental Council can be seized by petition under the conditions set by an organic law. After examining the petition, it informs the Government and the Parliament of the action it proposes to take.

Article 70
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 34

The Economic, Social and Environmental Council may be consulted by the Government and the Parliament on any problem of an economic, social or environmental nature. The Government can also consult it on the programming bill defining the multiannual orientations of public finances. Any economic, social or environmental programming plan or bill is submitted to it for an opinion.

Article 71
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 35

Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 36

The composition of the Economic, Social and Environmental Council, the number of members of which cannot exceed two hundred and thirty-three, and its operating rules are determined by an organic law.

Title XI bis: The Defender of Rights

Article 71-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 41

The Defender of Rights ensures that rights and freedoms are respected by state administrations, local authorities, public establishments, as well as by any body with a public service mission, or with regard to which organic law gives him skills.

He may be seized, under the conditions provided for by organic law, by any person who considers himself injured by the operation of a public service or of an organization referred to in the first paragraph. It can seize of office.

The organic law defines the attributions and intervention methods of the Defender of Rights. It determines the conditions under which he may be assisted by a college for the exercise of certain of his powers.

The Defender of Rights is appointed by the President of the Republic for a non-renewable term of six years, after application of the procedure provided for in the last paragraph of article 13 . His functions are incompatible with those of member of the Government and member of Parliament. The other incompatibilities are fixed by organic law.

The Defender of Rights reports on his activity to the President of the Republic and to the Parliament.

Title XII: Local authorities

Article 72
Amended by Constitutional law n ° 2003-276 of March 28, 2003 – art. 5

The territorial collectivities of the Republic are the communes, the departments, the regions, the collectivities with special status and the overseas collectivities governed by article 74 . Any other local authority is created by law, if necessary in place of one or more communities mentioned in this paragraph.

Local authorities are called upon to take decisions for all the competences which can best be implemented at their level.

Under the conditions provided for by law, these communities are administered freely by elected councils and have regulatory powers for the exercise of their powers.

Under the conditions provided for by the organic law, and except when the essential conditions of exercise of a public liberty or a constitutionally guaranteed right are in question, the territorial collectivities or their groupings may, when, as the case may be, the law or the regulations have provided for it, derogate, on an experimental basis and for a limited purpose and duration, from the legislative or regulatory provisions which govern the exercise of their powers.

No local authority can exercise guardianship over another. However, when the exercise of a competence requires the assistance of several local authorities, the law may authorize one of them or one of their groups to organize the procedures for their joint action.

In the territorial collectivities of the Republic, the representative of the State, representative of each member of the Government, is responsible for national interests, administrative control and compliance with the laws.

Article 72-1
Created by Constitutional law n ° 2003-276 of March 28, 2003 – art. 6

The law fixes the conditions under which the electors of each territorial collectivity can, by the exercise of the right of petition, request the inscription on the agenda of the deliberative assembly of this collectivity of a question within its competence .

Under the conditions provided for by the organic law, draft deliberations or acts falling within the competence of a local authority may, on its initiative, be submitted, by means of a referendum, to the decision of the voters of that authority.

When it is envisaged to create a local authority endowed with a particular statute or to modify its organization, it may be decided by law to consult the voters registered in the communities concerned. The modification of the limits of the territorial collectivities can also give place to the consultation of the voters under the conditions envisaged by the law.

Article 72-2
Created by Constitutional law n ° 2003-276 of March 28, 2003 – art. 7

Local and regional authorities benefit from resources which they can freely dispose of under the conditions laid down by law.

They can receive all or part of the product of charges of all kinds. The law may authorize them to fix the base and the rate within the limits it determines.

Tax revenue and other own resources of local authorities represent, for each category of communities, a decisive part of all of their resources. The organic law sets the conditions under which this rule is implemented.

Any transfer of powers between the State and the local authorities is accompanied by the allocation of resources equivalent to those which were devoted to their exercise. Any creation or extension of powers resulting in increased spending by local authorities is accompanied by resources determined by law.

The law provides for equalization schemes intended to promote equality between local and regional authorities.

Article 72-3
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 37

The Republic recognizes, among the French people, the populations of overseas, in a common ideal of freedom, equality and fraternity.

Guadeloupe, Guyana, Martinique, Reunion, Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, Wallis and Futuna Islands and French Polynesia are governed by article 73 for the departments and the overseas regions and for local authorities created pursuant to the last paragraph of article 73, and by article 74 for other communities.

The status of New Caledonia is governed by Title XIII.

The law determines the legislative regime and the particular organization of the French Southern and Antarctic Lands and of Clipperton.

Article 72-4
Created by Constitutional law n ° 2003-276 of March 28, 2003 – art. 8

No change, for all or part of one of the communities mentioned in the second paragraph of article 72-3 , from one to the other of the regimes provided for in articles 73 and 74, can take place without the consent electors of the community or the part of the community concerned have been previously collected under the conditions provided for in the following paragraph. This change of regime is decided by an organic law.

The President of the Republic, on a proposal from the Government for the duration of the sessions or on the joint proposal of the two assemblies, published in the Official Journal, may decide to consult the voters of a territorial authority located overseas on a question relating to its organization , its powers or its legislative scheme. When the consultation relates to a change provided for in the preceding paragraph and is organized on the proposal of the Government, the latter makes, before each assembly, a declaration which is followed by a debate.

Article 73
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 38

In the overseas departments and regions, laws and regulations are automatically applicable. They may be subject to adaptations related to the specific characteristics and constraints of these communities.

These adaptations can be decided by these communities in the areas where their powers are exercised and if they have been empowered as appropriate, by law or by regulation.

By way of derogation from the first paragraph and to take account of their specificities, the communities governed by this article may be empowered, as the case may be, by law or by regulation, to themselves determine the rules applicable in their territory, in a limited number of matters that may fall within the domain of the law or regulations.

These rules cannot relate to nationality, civil rights, guarantees of public liberties, the state and capacity of persons, the organization of justice, criminal law, criminal procedure, foreign policy, defense, security and public order, currency, credit and exchange, as well as electoral law. This list may be clarified and supplemented by an organic law.

The provision provided for in the two preceding paragraphs is not applicable to the department and the region of Reunion.

The authorizations provided for in the second and third paragraphs are decided, at the request of the community concerned, under the conditions and subject to the reservations provided for by an organic law. They cannot intervene when the essential conditions for exercising a public freedom or a constitutionally guaranteed right are in question.

The creation by law of a community replacing a department and an overseas region or the establishment of a single deliberative assembly for these two communities can not occur without having been collected, according to the forms provided in the second paragraph of article 72-4, the consent of the voters registered in the jurisdiction of these communities.

Article 74
Amended by Constitutional law n ° 2003-276 of March 28, 2003 – art. 10

The overseas collectivities governed by this article have a statute which takes into account the specific interests of each of them within the Republic.

This statute is defined by an organic law, adopted after opinion of the deliberative assembly, which fixes:

-the conditions under which the laws and regulations are applicable there;

– the competences of this community; subject to those already exercised by it, the transfer of powers from the State may not relate to the matters listed in the fourth paragraph of article 73 , specified and supplemented, if necessary, by organic law;

-the rules of organization and operation of the institutions of the community and the electoral regime of its deliberative assembly;

-the conditions under which its institutions are consulted on draft laws and proposals and draft ordinances or decrees containing provisions specific to the community, as well as on the ratification or approval of international commitments entered into in matters within its competence.

The organic law can also determine, for those of these communities which are endowed with autonomy, the conditions under which:

– the Council of State exercises specific jurisdictional control over certain categories of acts of the deliberative assembly intervening under the powers it exercises in the field of law;

– the deliberative assembly can modify a law promulgated after the entry into force of the statute of the community, when the Constitutional Council, seized in particular by the authorities of the community, noted that the law had intervened in the field of competence of this community;

-measures justified by local needs can be taken by the community in favor of its population, in terms of access to employment, right of establishment for the exercise of a professional activity or protection of land heritage ;

-the community may participate, under the control of the State, in the exercise of the powers it retains, while respecting the guarantees granted throughout the national territory for the exercise of public freedoms.

The other modalities of the particular organization of the communities falling under this article are defined and modified by law after consultation of their deliberative assembly.

Article 74-1
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 39

In the overseas collectivities referred to in article 74 and in New Caledonia, the Government may, by ordinances, in matters which remain within the competence of the State, extend, with the necessary modifications, the provisions of legislative nature in force in mainland France or adapt the legislative provisions in force to the particular organization of the community concerned, provided that the law has not expressly excluded, for the provisions in question, recourse to this procedure.

Orders are taken in the Council of Ministers after consulting the deliberative assemblies concerned and the Council of State. They come into force upon their publication. They lapse in the absence of ratification by Parliament within 18 months of this publication.

Article 75
Amended by Law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993

Citizens of the Republic who do not have ordinary civil status, the only one referred to in article 34 , retain their personal status as long as they have not renounced it.

Article 75-1
Created by constitutional LAW n ° 2008-724 of July 23 … – art. 40
Regional languages ​​belong to the heritage of France.

Title XI: Local authorities. (Repealed)

Title XIII: Transitional provisions relating to New Caledonia

Article 76
Amended by Constitutional law n ° 98-610 of July 20, 1998 – art. 1

Amended by Constitutional law n ° 98-610 of July 20, 1998 – art. 2

The populations of New Caledonia are called upon to express their views before December 31, 1998 on the provisions of the agreement signed in Noumea on May 5, 1998 and published on May 27, 1998 in the Official Journal of the French Republic.

Persons fulfilling the conditions laid down in Article 2 of Law No. 88-1028 of 9 November 1988 are eligible to take part in the ballot .

The measures necessary for the organization of the ballot are taken by decree in the Council of State deliberated in the Council of Ministers.

Article 77
Amended by Constitutional law n ° 2007-237 of February 23 … – art. unique

After approval of the agreement during the consultation provided for in article 76 , the organic law, taken after opinion of the deliberative assembly of New Caledonia, determines, to ensure the evolution of New Caledonia in the respect guidelines defined by this agreement and according to the procedures necessary for its implementation:

-the powers of the State which will be transferred, definitively, to the institutions of New Caledonia, the timing and terms of these transfers, as well as the distribution of charges resulting from them;

-the rules of organization and operation of the institutions of New Caledonia and in particular the conditions under which certain categories of acts of the deliberative assembly of New Caledonia may be submitted before publication to the control of the Constitutional Council;

– the rules relating to citizenship, the electoral system, employment and customary civil status;

-the conditions and time limits within which the populations concerned in New Caledonia will have to decide on the attainment of full sovereignty.

The other measures necessary for the implementation of the agreement mentioned in article 76 are defined by law.

For the definition of the electorate called to elect the members of the deliberative assemblies of New Caledonia and the provinces, the table to which the agreement referred to in article 76 and articles 188 and 189 of organic law n ° 99 refer -209 of March 19, 1999 relating to New Caledonia is the table drawn up on the occasion of the ballot provided for in said article 76 and including the persons not admitted to participate.

Title XIII: Of the Community. (Repealed)
Article 78 (repealed)
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 79 (repealed) Find out more about this article …
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 80 (repealed)
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 81 (repealed)
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 82 (repealed)
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 83 (repealed) Find out more about this article …
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 84 (repealed) Find out more about this article …
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 85 (repealed) Find out more about this article …
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 86 (repealed)
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Title XIII: Association agreements. (Repealed)
Title XIV: Francophonie and association agreements
Article 87
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 42

The Republic participates in the development of solidarity and cooperation between States and people who share French.

Article 88
Amended by Constitutional law n ° 95-880 of August 4, 1995 – art. 13

The Republic can conclude agreements with States which wish to associate with it to develop their civilizations.

Title XIV: Of the European Communities and the European Union. (Repealed)
Title XV: Of the European Union
Article 88-1
Amended by Constitutional law n ° 2008-103 of February 4, 2008 – art. 2

The Republic participates in the European Union made up of States which have freely chosen to exercise in common some of their powers under the Treaty on European Union and the Treaty on the Functioning of the European Union, as they result from the treaty signed in Lisbon on December 13, 2007.

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Article 88-2
Amended by constitutional LAW n ° 2008-103 of February 4, 2008 – art. 2

The law fixes the rules relating to the European arrest warrant in application of acts taken by the institutions of the European Union.

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Article 88-3
Amended by Constitutional law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993

Subject to reciprocity and in accordance with the procedures provided for in the Treaty on European Union signed on February 7, 1992, the right to vote and to stand as a candidate in municipal elections may be granted only to Union citizens residing in France. These citizens cannot exercise the functions of mayor or deputy or participate in the designation of senatorial voters and the election of senators. An organic law voted in the same terms by the two assemblies determines the conditions of application of this article.

Article 88-4
Amended by constitutional LAW n ° 2008-103 of February 4, 2008 – art. 2

Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 43

The Government submits to the National Assembly and the Senate, as soon as they are transmitted to the Council of the European Union, the draft European legislative acts and the other projects or proposals for acts of the European Union.

In accordance with the procedures laid down by the rules of each meeting, European resolutions may be adopted, if necessary outside the sessions, on the projects or proposals mentioned in the first paragraph, as well as on any document emanating from an institution of the Union. European.

Within each parliamentary assembly, a committee responsible for European affairs is established.

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Article 88-5
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 47-I 2 ° (V)

Any bill authorizing the ratification of a treaty relating to the accession of a State to the European Union is submitted to a referendum by the President of the Republic.

However, by voting on a motion adopted in identical terms by each assembly by a three-fifths majority, Parliament may authorize the adoption of the bill according to the procedure provided for in the third paragraph of section 89 .

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Constitutional law n ° 2008-724 of July 23, 2008 article 47 III: Article 88-5 of the Constitution, in its drafting resulting both from article 44 of this constitutional law and from 2 ° of I of this article, does not apply to accessions following an intergovernmental conference whose convocation was decided by the European Council before 1 July 2004.

Article 88-6
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 47 (V)

The National Assembly or the Senate may issue a reasoned opinion on the conformity of a draft European legislative act with the principle of subsidiarity. The opinion is sent by the President of the assembly concerned to the Presidents of the European Parliament, of the Council and the European Commission. The Government is informed.

Each assembly may appeal to the Court of Justice of the European Union against a European legislative act for breach of the principle of subsidiarity. This appeal is transmitted to the Court of Justice of the European Union by the Government.

To this end, resolutions may be adopted, if necessary outside of sessions, according to the terms of initiative and discussion set by the rules of each meeting. At the request of sixty deputies or sixty senators, the appeal is lawful.

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Article 88-7
Amended by constitutional LAW n ° 2008-103 of February 4, 2008 – art. 2

By the vote of a motion adopted in identical terms by the National Assembly and the Senate, the Parliament can oppose a modification of the rules of adoption of acts of the European Union in the cases envisaged, under the simplified revision of treaties or judicial cooperation in civil matters, by the Treaty on European Union and the Treaty on the Functioning of the European Union, as they result from the Treaty signed in Lisbon on December 13, 2007.

NOTE:

Constitutional law n ° 2008-103 of February 4, 2008, art. 2: this article shall enter into force from the entry into force of the Lisbon Treaty amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007. The Lisbon Treaty has entered into force December 1, 2009.

Title XV: Of the revision. (Repealed)

Title XVI: Of the revision

Article 89
Amended by constitutional LAW n ° 2008-724 of July 23 … – art. 45

The initiative to revise the Constitution belongs concurrently to the President of the Republic on the proposal of the Prime Minister and to the members of Parliament.

The draft or the proposal for revision must be examined under the time limits set in the third paragraph of article 42 and voted by the two assemblies in identical terms. The revision is final after being approved by referendum.

However, the revision project is not presented to the referendum when the President of the Republic decides to submit it to the Parliament convened in Congress; in this case, the revision project is only approved if it receives a majority of three-fifths of the votes cast. The office of the Congress is that of the National Assembly.

No revision procedure may be initiated or continued when the integrity of the territory is compromised.

The republican form of government cannot be revised.

Title XIV: Of the revision. (Repealed)

Title XVII: Transitional provisions. (Repealed)

Article 90 (repealed)
Amended by Constitutional law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 91 (repealed) Find out more about this article …
Amended by Constitutional law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 92 (repealed)
Amended by Constitutional law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Article 93 (repealed) Find out more about this article …
Created by Constitutional law n ° 93-952 of July 27, 1993 – art. 3 JORF July 28, 1993
Repealed by Constitutional Law n ° 95-880 of August 4, 1995 – art. 14
Title XVI: Transitional provisions. (Repealed)

The President of the Republic: RENE COTY

CHARLES DE GAULLE President of the Council of Ministers

GUY MOLLET Minister of State

PIERRE PFLIMLIN Minister of State

The Minister of State, FELIX HOUPHOUET-BOIGNY

LOUIS JACQUINOT Minister of State

ANDRE MALRAUX Minister Delegate at the Presidency of the Council

The Keeper of the Seals, Minister of Justice, MICHEL DEBRE

MAURICE COUVE DE MURVILLE Minister of Foreign Affairs

EMILE PELLETIER Minister of the Interior

The Minister of the Armed Forces, PIERRE GUILLAUMAT

ANTOINE PINAY Minister of Finance and Economic Affairs.


Unofficial English translation 

GO FOR Constitution of 1791


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