Law of France

Rules of procedure of National Assembly of France-2010

Rules of procedure

February 2010

 

WARNING

1 ° The provisions in italics of the third sentence in article 16, paragraph 2 and of article 149, paragraph 4, as well as the versión in italics of article 28, shall come into effect upon the opening of the XIVth Parliament, by virtue of article 157 of resolution no. 292 of May 27, 2009;

2 ° The provisions in italics of aticle 37, paragraph 1, shall not be applied, by way of exception, at the beginning of the ordinary session following the appointment in plenary, within a one-month limit from the publication of the final text of resolution no. 292 of May 27, 2009, of the committees set down in article 36, by virtue of article 153 of the said resolution;

3 ° The version in italics of article 47-1 and the provisions in italics of article 83, paragraph 2, shall be applicable to Government Bills tabled as of September 1, 2009, by virtue of article 154 of resolution no. 292 of May 27, 2009;

4 ° The versions in italics of articles 98-1 and 146-6 shall be applicable to amendments to Government Bills tabled as of September 1, 2009 and are already applicable to amendments to Member’s Bills, by virtue of article 154 of said resolution;

5 ° The versions in italics of articles 151-3 and 151-9 to 151-12 shall come into effect upon the coming into force of the Treaty of Lisbon amending the Treaty on European Union and the Treaty Establishing the European Comunity, signed on December 13, 2007, by virtue of article 156 of resolution no. 292 of May 27, 2009.

TABLE OF CONTENTS

TITLE I: ORGANIZATION AND OPERATION OF THE HOUSE 1

CHAPTER I: Provisional Bureau (Article 1)

CHAPTER II: Admission of MPs Invalid elections. Seats falling vacant (Articles 2 to 7)

CHAPTER III: Bureau of the House: Composition and election procedure (Articles 8 to 12)

CHAPTER IV: Presidency and Bureau of the House: Powers (Articles 13 to 18)

CHAPTER V: Groups (Articles 19 to 23)

CHAPTER VI: Personal appointments (Articles 24 to 29)

CHAPTER VII: Opinions of standing committees on certain appointments (Article 29-1)

CHAPTER VIII: Ad-hoc committees: composition and election procedure (Articles 30 to 35)

CHAPTER IX: Standing committees: composition and election procedure (Articles 36 to 39)

CHAPTER X: Committee proceedings (Articles 40 to 46)

CHAPTER XI: The Conference of Presidents. Agenda of the House. Organization of debates (Articles 47 to 49)

CHAPTER XII: Plenary sittings (Articles 49-1 to 60)

CHAPTER XIII: Voting (Articles 61 to 69)

CHAPTER XIV: Discipline and immunity (Articles 70 to 80)

TITLE II: LEGISLATIVE PROCEDURE

PART ONE: ORDINARY LEGISLATIVE PROCEDURE

CHAPTER I: Tabling of Government and Members’ Bills (Articles 81 to 85)

CHAPTER II: Legislative proceedings of committees (Articles 86 to 88)

CHAPTER III: Financial admissibility (Article 89)

CHAPTER IV: First reading of Government and Members’ Bills (Articles 90 to 102)

CHAPTER V: Simplified examination procedure (Articles 103 to 107)

CHAPTER VI: Relations between the National Assembly and the Senate (Articles 108 to 115)

CHAPTER VII: Reconsideration of an Act upon the request of the President of the Republic (Article 116)

PART TWO: LEGISLATIVE PROCEDURE APPLICABLE TO CONSTITUTIONAL AMENDMENTS, TO FINANCE BILLS & SOCIAL SECURITY FINANCING BILLS

CHAPTER VIII: Provisions common to Bills governed by the rules of part two (Article 117)

CHAPTER IX: Discussion of Constitutional Amendments (118)

CHAPTER X: Discussion of Finance Acts (Articles 119 to 121)

CHAPTER XI: Discussion of Social Security Financing Acts (121-1 to 121-3)

PART THREE: SPECIAL LEGISLATIVE PROCEDURES

CHAPTER XII: Referendum motions (Articles 122 to 124)

CHAPTER XIII: Procedure pertaining to the consultation of voters of a territorial community situated overseas (Article 125)

CHAPTER XIV: Motions pertaining to membership treaties of the European Union (Article 126)

CHAPTER XV: Procedure for debating institutional Acts (Articles 127)

CHAPTER XVI: Treaties and international agreements (128 to 129)

CHAPTER XVII: Declaration of war, external military interventions and martial law (Article 131)

TITLE III – PARLIAMENTARY MONITORING

PART ONE: INFORMATION, ASSESSMENT AND MONITORING

CHAPTER I: Government Declarations (Article 132)

CHAPTER II: Questions (Articles 133 to 135)

CHAPTER III: Resolutions in respect of article 34-1 of the Constitution (Article 136)

CHAPTER IV: Committees of inquiry (Articles 137 to 144)

CHAPTER V: The role of standing or ad-hoc committees in providing information (Articles145 to 145-8)

CHAPTER VI: Budgetary monitoring (Article 146)

CHAPTER VII: The Commission for the Assessment and Monitoring of Public Policies (Articles 146-1 to 146-7)

CHAPTER VIII: Petitions (Articles 147 to 151)

CHAPTER IX: European Affairs (Articles 151-1 to 151-12)

PART TWO: MAKING AN ISSUE OF THE GOVERNMENT’S ACCOUNTABILITY

CHAPTER X: Debate on the Government’s program or on a statement of general policy by the Government (Article 152)

CHAPTER XI: Motions of no-confidence and interpellations (Articles 153 to 156)

PART THREE: THE HIGH COURT AND THE COURT OF JUSTICE OF THE REPUBLIC

CHAPTER XII: The High Court (Article 157)

CHAPTER XIII: The Court of Justice of the Republic (Article 158)

TITLE IV – MISCELLANEOUS PROVISIONS (Articles 159 to 160)

 

CHAPTER I

Provisional Office

Article 1

1 The oldest member of the National Assembly shall chair the first sitting of the new term until the President has been elected.

2 The six youngest MPs present shall perform the duties of secretaries until the Bureau has been elected.

3 No debates shall be held while the oldest member is in the chair.

 

CHAPTER II

Admission of MPs –

Invalid elections – Seats falling vacant

Article 2

At the opening of the first sitting of each term the oldest member shall inform the House that the Government has communicated to him the names of the persons elected. He shall direct that they be posted immediately on the notice board and that they be published after the report of the sitting.

 

Article 3

Petitions contesting an election and decisions dismissing them given by the Constitutional Council shall be communicated by the oldest member or the President in the manner provided for by Article 2 at the opening of the first sitting after they have been received.

 

Article 4

1 Communication of decisions by the Constitutional Council which either reverse the declaration made by the electoral returns committee and declare another candidate duly elected or declare void a contested election, shall be made at the opening of the first sitting after notification has been received, and the constituencies concerned and the candidates whose election has been invalidated shall be identified.

2 In the event of reversal of the result of an election, the name of the candidate declared duly elected shall be announced immediately after the decision has been communicated.

3 If the President is notified of a decision declaring void an election given by the Constitutional Council at a time when the House is not sitting, he shall acknowledge it by means of a notice in the Journal officiel and shall inform the House at the first sitting thereafter.

4 The same provisions shall apply in the event of disqualification or compulsory resignation determined by the Constitutional Council.

 

Article 5

Where an election is declared invalid, any initiative taken by the MP thus elected shall be deemed to have lapsed, unless it is taken up as it stands by another member of the National Assembly within eight clear days of the House being notified of the declaration that the election is invalid or of the notice referred to in paragraph 3 of Article 4 being published.

 

Article 6

1 Any MP may resign his seat.

2 Resignations shall be tendered in writing to the President, who shall inform the House at the sitting immediately following and shall notify the Government.

3 When the House is not sitting, the President shall acknowledge resignations by means of a notice in the Journal officiel .

 

Article 7

1 The President shall inform the House as soon as he is aware of a seat falling vacant for any of the reasons set out in section LO 176 of the Electoral Code. He shall notify the Government of the names of MPs whose seats fall vacant and shall ask it to inform him of the names of the persons elected to replace them.

2 The names of the new MPs declared elected by virtue of section LO 176 shall be announced to the National Assembly at the opening of the first sitting following the President’s being informed by the Government. The same procedure shall be followed for the names of MPs returned at by-elections.

3 When an MP accepts a position in Government, the President requests the Government to provide the name of the person elected to replace him. When the incompatibility between this MP holding office as a member of the National Assembly and being a member of the Government comes into effect, the President shall inform the House, at the sitting immediately following, of his replacement in accordance with the provisions of the second paragraph of section LO 176, of the Electoral Code.

4 When a month has elapsed after an MP who has accepted a position in Government, subsequently relinquishes it, the President shall inform the House, at the sitting immediately following, that the said MP shall take up his seat again. If the President is informed in writing, before the end of said period, that the MP will give up his seat he shall notify the House at the sitting immediately following and shall transmit this information to the Government.

5 When the House is not sitting, the President shall take note of any communication made by virtue of this article in the manner provided for by paragraph 3 of Article 4.

CHAPTER III:

Bureau of the House:

Composition and Election Procedure

Article 8

  1. The Bureau of the National Assembly shall consist of:
    • the President;
    • 6 Vice-Presidents;
    • 3 Quaestors ;
    • 12 Secretaries.

Article 9

1 During the first sitting of each term, immediately after the communications specified in Articles 2 and 3 have been made, the oldest member shall invite the National Assembly to proceed to the election of its President.

2 The President of the National Assembly shall be elected by secret ballot at the rostrum. If no candidate obtains an absolute majority of votes cast at the first two ballots, a relative majority shall suffice at the third ballot, and where the votes are equal the oldest candidate shall be deemed elected.

3 Tellers, chosen by lot, shall count the votes and the oldest member shall declare the result.

4 The oldest member shall invite the President to take up his position in the President’s chair immediately.

 

Article 10

1 The other members of the Bureau shall be elected, at the opening of each term, during the sitting following the election of the President and shall be renewed each year thereafter, except in the year preceding the renewal of the House, at the sitting opening the ordinary session. The President shall be assisted by the six youngest members of the House, who shall perform the duties of secretaries.

2 In the election of the Vice-Presidents, Questeurs and Secretaries, every endeavor shall be made to ensure that the Bureau reflects the political make-up of the House.

3 The chairmen of groups shall meet to establish, in an order of presentation to be determined by them, lists of their candidates for the various offices in the Bureau .

4 Candidacies shall be filed at the Secretariat-General of the House not later than half an hour before the time set for such appointments to be made or for the opening of each ballot.

5 Where, for each office in the Bureau , the number of candidates does not exceed the number of seats to be filled, paragraph 3 of Article 26 shall apply.

6 Otherwise, for offices for which the number of candidates exceeds the number of offices to be filled, election shall be by the plurinominal system of majority voting.

7 There shall appear no more names on ballot papers made available to MPs than there are offices to be filled in each ballot.

8 Votes cast in envelopes containing no more names than there are offices to be filled shall be valid.

9 At the first and second ballots, candidates who have obtained an absolute majority shall be deemed elected in the order of the number of votes cast for them.

10 However, if for one or more offices more candidates than there are seats to be filled have obtained an absolute majority and the same number of votes, there shall be a further ballot for those offices. A relative majority shall suffice at the third ballot. Where the votes are equal the oldest candidate shall be deemed elected.

11 Tellers chosen by lot shall count the vote, and the President shall declare the result.

12 Any seat falling vacant shall be filled by the same procedure.

 

Article 11

1 In the absence of the President one of the Vice-Presidents shall replace him.

2 Where the Vice-Presidents and Questeurs were elected by ballot, their order of precedence shall be determined by the date and ballot on which they were elected and, if they were elected at the same ballot, by the number of votes they obtained. If they obtained an equal number of votes at the same ballot, the oldest shall have precedence.

3 Where the Vice-Presidents and Questeurs were elected in accordance with paragraph 3 of Article 26, their order of precedence shall be the order in which they were presented by the chairmen of groups.

 

Article 12

After the election of the Bureau , the President of the Assembly shall inform the President of the Republic, the Prime Minister and the President of the Senate of its composition.

CHAPTER IV:

Presidency and Bureau of the House: Powers

Article 13

1 The President of the Assembly shall convene and chair plenary sittings of the House and meetings of the Bureau and the Conference of Presidents.

2 The President shall be responsible for the internal and external security of the House. In order to do this, he shall determine the size of the military force he considers necessary. This force shall be under his orders.

3 Communications of the National Assembly shall be made by the President.

 

Article 14

1 The Bureau shall have complete power to run the deliberations of the House and to organize and direct departments as provided for in these Rules of Procedure.

2 The Bureau shall determine the conditions in which personalities may be allowed to address the House during sittings.

3 The Bureau shall determine the conditions in which MPs are permitted to use their lap-top computers in the Chamber, including if they wish to access electronic communication services and on-line communication with the general public.

4 The House shall have financial autonomy as provided for in section 7 of Ordinance 58-1100 of 17 November 1958 on the functioning of the parliamentary assemblies.

 

Article 15

1 The Questeurs shall be responsible for financial and administrative matters, pursuant to guidelines laid down by the Bureau . No new expenditure shall be incurred without their prior agreement.

2 The President and the Questeurs shall be provided with official apartments in the Palais Bourbon.

 

Article 16 2

1 The expenditure of the House shall be settled by financial year.

2 At the beginning of each new term and, in each following year, with the exception of the year preceding the renewal of the House, at the start of each ordinary session, the House shall appoint, in such a way as to ensure proportional representation of groups in the manner provided for by Article 25, an ad-hoc committee of fifteen members to audit and clear the accounts. Its bureau shall be composed of a chairman, three deputy chairmen and three secretaries. The elected chairman of this committee must be an MP belonging to a group which has declared itself in the opposition . Every endeavor shall be made to ensure that appointments to the bureaureflect the political make-up of the House and represent all of its members. The members of the bureau shall be appointed according to the conditions set down in Article 39.

3 The committee shall give discharge to the Questeurs in respect of their management or shall report to the House. At the end of each financial year the committee shall make a public report.

4 Members of the Bureau of the House shall not be members of the committee.

5 The Bureau shall lay down Articles to govern accounting procedures.

 

Article 17

The Bureau shall lay down rules to govern the organization and operation of departments of the House, as well as the application, interpretation and implementation, by the various departments, of the provisions of these Rules of Procedure. It shall also lay down rules concerning the status of the staff and relations between the administration of the House and the professional organizations representing the staff.

 

Article 18

The departments of the National Assembly shall be staffed exclusively by persons appointed in the manner provided for by the Bureau . Accordingly, the departments are not permitted to employ on a permanent basis any civil servant on the staff of an administration outside the House, except civilian and military personnel made available by the Government to the National Defense and Armed Forces Committee or to the Finance, General Economy and Bugetary Monitoring Committee.

CHAPTER V

Groups

Article 19

1 MPs may form groups according to their political affinities; groups must be composed of at least fifteen members, not including MPs associated with a group in manner provided by paragraph 7 below.

2 A group shall be formed by transmitting to the President’s office a political statement signed by its members, accompanied by a list of said members and associated members and the name of the group chairman. This statement may mention that the group belongs to the opposition.These documents shall be published in the Journal officiel .

3 The statement declaring that the group belongs to the opposition may also be made or, on the contrary, withdrawn at any moment. This statement shall be published in the Journal official . Its withdrawal shall also be published therein.

4 Groups which do not declare themselves as belonging to the opposition shall be considered as minority groups with the exception of the group with the largest number of members.

5 The specific rights concerning opposition groups and minority groups which are recognized within these Rules of Procedure are attributed on the basis of the position of the groups at the beginning of the term and subsequently each year at the opening of the ordinary session.

6 An MP shall only belong to one group.

7 MPs who do not belong to any group may associate themselves with a group of their choosing, with the consent of the bureau of that group. Associate members shall count towards the calculation of the number of committee seats allocated to groups in Articles 33 and 37.

 

Article 20

Any group formed in accordance with Article 19 may be serviced by an administrative secretariat to be recruited and remunerated as determined by the group itself; the rules governing such secretariats, their accommodation and equipment and the rights of access for their staff to the precincts of the House shall be determined by the Bureau of the House on a proposal made by the Questeurs and the chairmen of groups.

 

Article 21

Changes in the composition of a group shall be communicated to the President of the Assembly in written form signed by the MP concerned in the case of resignation, by the chairman of the group in the case of expulsion and by both the MP concerned and the chairman of the group in the case of an MP joining or associating himself with a group. Changes shall be published in the Official Journal .

 

Article 22

Once groups have been formed, the President of the Assembly shall call a meeting of their representatives to divide the floor of the chamber into as many sections as there are groups, and to determine where non-enrolled MPs are to sit in relation to the groups .

 

Article 23

1 No group which binds its members shall be formed in the National Assembly, either as provided for by Article 19 or in any other form or under any other description whatever, for the purpose of representing private, local or occupational interests.

2 Nor shall any permanent association, of whatever description, whose purpose is to represent such interests be allowed to meet in the precincts of the House.

CHAPTER VI

Personal Appointments

Article 24

Where provisions laid down by the Constitution, by statute or by regulation, require the House to function as an electoral body for another assembly, for a committee, for a body or for the members of any body, such personal appointments shall be made, unless otherwise provided in the constitution of the body concerned, and subject to any particular requirements of that constitution, in the manner provided for by this chapter.

 

Article 25

1 Where the constitution of the body concerned requires the appointments to be made in such a way as to ensure proportional representation of groups, the President of the Assembly shall set the time by which the chairmen of groups are to inform him of the names of their candidates.

2 Once that time has expired, the names of the candidates transmitted to the President of the Assembly shall be posted on the noticeboard and published in the Journal officiel . Appointment shall have effect immediately upon publication.

3 Where, for whatever reason, whether or not the House is in session, representatives of the House in some body as referred to in Article 24 need to be replaced, the names of their replacements shall be posted on the noticeboard and published in the Journal official . Replacement shall have effect immediately upon publication.

 

Article 26

1 In cases other than those provided for in Article 25, the President shall inform the House of appointments that need to be made and shall set a time for the filing of candidacies. If the House is not sitting, this shall be done by publication in the Journal officiel .

2 If the constitution of the body concerned does not specify the manner in which appointments are to be made by the House or candidates nominated by specifically designated committees, the President shall entrust one or more standing committees, after consulting their chairmen where appropriate, with the duty of nominating candidates.

3 If, once the time specified in paragraph 1 has expired, the number of candidates does not exceed the number of seats to be filled, and if the constitution of the body concerned does not provide for a ballot, paragraphs 2 and 3 of Article 25 shall apply.

4 If the number of candidates exceeds the number of seats to be filled, or if the constitution of the body concerned provides for a ballot, the House shall proceed, on the date set by the Conference of Presidents, to make the appointments by uninominal or plurinominal election, as the case may require, either at the rostrum or in the rooms adjoining the Chamber.

5 Ballot papers bearing the names or the lists of candidates shall be distributed by the Office of the Presidency.

6 Votes shall be valid if cast in envelopes containing no more names than there are members to be appointed.

7 An absolute majority shall be required at the first two ballots; a relative majority shall suffice at the third ballot, and where the votes are equal the oldest candidate shall be appointed.

8 Where a second or third ballot is needed, only ballot papers bearing the names of candidates who have maintained or declared their candidacy by the time set by the President shall be distributed.

 

Article 27

1 Where the constitution of the body concerned provides for appointment by a committee of the House, the President of the Assembly, when a request is made to him by the competent authority, shall pass it on to the relevant committee.

2 The names of the MPs appointed shall be communicated to the competent authority through the President.

 

Article 28

Members of the National Assembly appointed to bodies as referred to in Article 24 shall present, at least once a year, a written report on their activities to the relevant committee. This information report shall be printed and distributed.

 

Article 28 3

Every endeavor shall be made to ensure that appointments made on the basis of the provisions of this chapter shall reflect the political make-up of the House.

Article 29

1 Representatives of the National Assembly in international or European assemblies shall be appointed by the procedure set out in Article 26.

2 Representatives of the National Assembly shall present, at least once a year, a written report on the activities of the assembly to which they belong. This information report shall be printed and distributed.

CHAPTER VII

Opinions of Standing Committees on Certain Appointments

Article 29-1

1 Where, in accordance with constitutional or legislative provisions, a standing committee of the National Assembly is called upon to provide an opinion prior to an appointment by the President of the Republic, the name of the personality whose appointment is considered, shall be transmitted to the President of the Assembly who shall refer it to the relevant committee.

2 The committee shall be convened according to the conditions provided for in article 40. It may appoint a rapporteur on the proposal for appointment.

3 The committee shall hold a hearing with the personality whose appointment is considered. The hearing shall be public unless the bureau invokes the notion of secrecy for professional reasons or for reasons of national defense.

4 The ballot, which may take place at the end of the hearing provided for in paragraph 3, but without the person in question being present, shall be secret. The members of the committee are requested to express their opinion on ballot papers on which the name of the personality is written.

5 Tellers, chosen by lot, shall count the votes. The chairman of the committee shall consult with the chairman of the relevant standing committee in the Senate so that the counting of the ballots shall take place at the same time in the two standing committees. He shall announce the result of the ballot giving details of the number of votes cast as well as those in favor and those against. The opinion is then transmitted to the President of the Republic and to the Prime Minister. It is published in the Official Journal .

6 Where, in accordance with constitutional or legislative provisions, a standing committee of the National Assembly is called upon to provide an opinion on an appointment by the President of the Assembly, the President shall refer it to the relevant committee. The procedure provided for in paragraphs 2 to 5 shall then be applied.

 

CHAPTER VIII

Ad-hoc Committees: Composition and Election Procedure

Article 30

1 Ad-hoc committees may be appointed, as provided for by Article 43 of the Constitution, and subject to the Institutional Act pertaining to Finance Acts, at the request either of the Government or of the House, to consider Government and Members’ Bills.

2 An ad-hoc committee shall be appointed by right if the Government so requests. Any such request in respect of Government Bills shall be made at the time of their transmission to the National Assembly and in respect of Members’ Bills within two clear days following their distribution.

 

Article 31

1 An ad-hoc committee may be appointed by the House upon the request of the chairman of a standing committee, of the chairman of a group or of not less than fifteen MPs, a definitive list of whose names shall be published in the Journal officiel after the report of the sitting. Any such request shall be made within two clear days following the distribution of the Government or Members’ Bill. If the accelerated procedure is used by the Government before distribution, the time allowed shall be reduced to one clear day.

2 Such requests shall be posted immediately on the noticeboard and the Government and the chairmen of groups and standing committees shall be notified.

3 A request shall stand approved if the President of the Assembly has received no objection from the Government, the chairman of a standing committee or the chairman of a group before the second sitting after posting.

4 If an objection to a request that an ad-hoc committee be appointed has been made in accordance with the previous paragraph, a debate on the request shall automatically be set down for the end of the first sitting held in accordance with the first paragraph of Article 50 following the announcement of the objection to the House. Only the Government and, for not longer than five minutes, the objector, the originator or first signatory of the request and the chairmen of the relevant standing committees may take part in the debate.

 

Article 32

Except where the House has already refused to appoint an ad-hoc committee, such a committee shall be appointed by right, on the initiative of the House, if a request is made within the time allowed by paragraph 1 of Article 31 by one or more chairmen of groups whose total membership represents an absolute majority of members of the House.

 

Article 33

1 Each ad-hoc committee shall consist of seventy members designated in such a way as to ensure proportional representation of groups in accordance with the procedure set out in Article 34. No ad-hoc committee shall number more than thirty-four members belonging, at the time it is appointed, to any one standing committee.

2 Each ad-hoc committee may appoint at most two members selected from among non-enrolled MPs

 

Article 34

1 Where, in accordance with Articles 30 to 32, an ad-hoc committee is to be appointed, the President of the Assembly shall direct that the request of the Government that this be done or the decision of the House to appoint the committee, be posted on the noticeboard and transmitted to the chairmen of groups, together with the title of the Government or Members’ Bill which the committee is to consider.

2 The President shall set down the time allowed for chairmen of groups to make known the names of the candidates they nominate. The time allowed shall be not more than two clear days when the House is in session and not more than five clear days when it is not.

3 The names of those nominated to the committee by the chairmen of groups shall be posted on the noticeboard and published in the Journal officiel . Appointment shall have effect immediately upon publication.

4 Any MP ceasing to be a member of the group to which he belonged when appointed to an ad-hoc committee shall automatically cease to be a member of the committee.

5 Where, for whatever reason, whether or not the House is sitting, representatives of a group in an ad-hoc committee need to be replaced, the names of their replacements shall be posted on the noticeboard and published in the Journal officiel . Replacement shall have effect immediately upon publication.

Article 34-1

As soon as the ad-hoc committee has been constituted, it shall be convened by the President of the Assembly so that it may appoint its bureau and its rapporteur . The provisions of article 39 concerning the composition of, and appointment to, the bureaux of standing committees shall be applicable to ad-hoc committees.

 

Article 35

Each ad-hoc committee shall retain competence until it reaches a definitive decision concerning the Government or Members’ Bill it was appointed to consider.

CHAPTER IX

Standing Committees: Composition and Election Procedure

 

Article 36

1 The House shall appoint, in plenary sitting, eight standing committees.

2 The names and remits of these committees are as follows:

3 1 ° Cultural Affairs and Education Committee

4 Secondary level education; higher education; research; youth; sport; cultural and artistic activities; information; communication; intellectual property;

5 2 ° Economic Affairs Committee

6 Agriculture and fisheries; energy and industry; applied research and innovation; consumption; internal and external trade; postal services and electronic communication; tourism; town planning and housing;

7 3 ° Foreign Affairs Committee

8 Foreign and European policy; treaties and international agreements; international organizations; cooperation and development; the French-speaking world; international cultural relations;

9 4 ° Social Affairs Committee

10 Employment and labor relations; professional training; health and solidarity; elderly people; handicapped people; the family; the social welfare system; Acts concerning the financing of social security and the monitoring of the application of such Acts; social integration and equal opportunities;

11 5 ° National Defense and Armed Forces Committee

12 General organization of defense; links between the military and the Nation; military cooperation and assistance policy; strategic matters; the defense industry; civilian and military staff of the armed forces; gendarmerie ; military law; veterans;

13 6 ° Sustainable Development, Spatial and Regional Planning Committee

14 Spatial and regional planning; construction; transport; equipment; infrastructure; public works; environment; hunting;

15 7 ° Finance, General Economy and Budgetary Monitoring Committee

16 Public finance; Finance Acts; Acts concerning the programming of long-term guidelines for public finances; monitoring of budget implementation; local taxation; current economic situation; monetary policy; banking; insurance; scope of State intervention;

17 8 ° Constitutional Acts, Legislation and General Administration Committee

18 Constitutional Acts; institutional Acts; Rules of Procedure; electoral law; public liberties; security; civil security; administrative law; the civil service; administration of justice; civil, commercial and criminal law; petitions; general administration of the territories of the Republic; territorial units.

19 The maximum number of members of each committee shall be equal to one eighth of the total number of members of the House and shall be rounded up to the nearest number.

 

Article 37 4

1 The members of standing committees shall be appointed at the opening of each term and every year thereafter, except in the year preceding the renewal of the House, at the beginning of the ordinary session, in the manner provided for by Article 25.

2 Groups duly formed in accordance with Article 19 shall have a number of seats in proportion to their size in relation to the membership of the House.

3 Seats still to be filled after the distribution described in paragraph 2 shall be allocated to non-enrolled MPs Candidates for these seats shall be selected, if agreement is not reached, by giving preference to the oldest.

 

Article 38

1 No MP shall serve on more than one standing committee. MPs may, however, attend meetings of committees on which they do not serve.

2 MPs serving in international or European assemblies or on an ad-hoc committee may, at their request, during the proceedings of such assemblies, of their committees or of the ad-hoc committee, be exempted from attending meetings of the standing committee on which they serve. In such cases, they shall ensure their substitution by another member of the committee.

3 Any MP ceasing to be a member of the group to which he belonged when appointed to a standing committee shall automatically cease to be a member of the committee.

4 Seats allocated to groups in standing committees which have fallen vacant shall be replaced in the manner provided for by paragraph 5 of Article 34.

Article 39

1 Once appointed, each standing committee shall be convened by the President of the National Assembly so that it may elect its bureau .

2 The bureau of a standing committee shall consist of its chairman, four deputy chairmen and four secretaries. The Finance, General Economy and Budgetary Monitoring Committee shall appoint a general rapporteur . Every endeavor shall be made to ensure that appointments to the bureau of each standing committee shall reflect the political make-up of the House and represent all of its members.

3 Only an MP belonging to a group having declared itself in the opposition may be elected to the chairmanship of the Finance, General Economy and Budgetary Monitoring Committee.

4 The bureau x of committees shall be elected by secret ballot for each type of office. Where, for each type of office, the number of candidates does not exceed the number of seats to be filled, no ballot shall be held.

5 If an absolute majority is not obtained at the first two ballots, a relative majority shall suffice at the third ballot, and where the votes are equal the oldest candidate shall be deemed elected.

6 No deputy chairman shall take precedence over another.

CHAPTER X:

Committee Proceedings

Article 40

1 Committees shall be convened by the President of the National Assembly where the Government so requests.

2 In the course of a session, a committee may also be convened by its chairman.

3 When the House is not in session, a committee may be convened either by the President of the Assembly or by its chairman with the agreement of its bureau . However, the meeting may be canceled or deferred if more than half of the members of the committee so request, at least forty-eight hours before the day appointed.

4 In the course of a session, a committee shall be convened at least forty-eight hours before it is to meet; by way of exception, a committee may be convened at shorter notice if this is required by the agenda of the House. When the House is not in session, the forty-eight-hour time limit is extended to one week. Meeting notices shall state what business is on the agenda.

5 Subject to any rules laid down by the Constitution, an institutional Act or these Rules of Procedure, each committee shall be master of its own proceedings.

 

Article 41

1 When the House is sitting, standing committees shall meet only to finish the consideration of a Bill on the agenda of the House.

2 The chairman of each committee shall organize the proceedings of the committee. The bureau has complete control over the management of the proceedings.

 

Article 42

1 Attendance of committee members at committee meetings is obligatory.

2 The names of members attending and the names of members who have conveyed their apologies, either for one of the reasons set out in Ordinance 58-1066 of November 7, 1958 (an Institutional Act giving special authority to Members of Parliament to delegate their right to vote) or on account of some other insurmontable difficulty, or of members in whose stead correctly appointed substitutes have attended, shall be published in the Journal officiel on the day following each committee meeting as well as by electronic means.

3 If a member is absent more than twice in a month, taking into account meetings of the committee which are held whilst the House is sitting and / or the presence of the MP at another standing committee, each subsequent absence of a committee member at a meeting of the committee convened, in ordinary session, during the morning given over, in accordance with paragraph 3 of article 50, to committee proceedings, shall be liable to a deduction of 25% in his monthly working allowance. The questeurs shall be informed of such absences by the chairmen of the standing committees. This paragraph shall not apply to the members of the Bureauof the House, with the exception of secretaries, to the chairmen of groups, to MPs who represent constituencies outside metropolitan France, with the exception of those who represent a constituency in Europe. Nor shall it apply when the absence is justified by one of the reasons mentioned in paragraph 2 of article 38.

 

Article 43

1 The presence of a quorum shall in all cases be required for votes to be valid if one third of the members present so request.

2 Where a vote cannot be taken because a quorum is not present, it shall be taken and have validity, whatever the number of members present, at the following meeting, which shall be held not less than fifteen minutes later.

 

Article 44

1 Voting in committees shall be by show of hands or by ballot.

2 Voting shall be by ballot at the request of not less than one tenth of the members of a committee or of one member of the committee in the case of personal appointments.

3 Subject to Article 38, committee members may only grant a proxy vote to one other member of the same committee and only in the cases and manner provided by Ordinance 58-1066 of November 7, 1958. The chairman of the committee shall be notified of such proxies. Article 62 shall apply to them.

4 Committee chairmen shall have no casting vote. Where the votes are equal, the provision put to the vote shall not be adopted.

 

Article 45

1 Ministers shall have access to committees; they can appear at a hearing at their request.

2 The bureau of each committee may request a member of the Government to appear before the committee.

3 Each committee may ask, through the President of the Assembly, for the appearance of a rapporteur of the Economic, Social and Environmental Council to be organized with respect to any instrument on which the Council is called upon to give an opinion.

 

Article 46

1 The bureau of each committee has control over the public nature of its proceedings and may use the means which it chooses to implement this control. The appearances of rapporteurs on Government and Members’ Bills are open to all members of the committee.

2 At the end of each committee meeting minutes giving an account of its proceedings, votes taken and speeches made shall be published. Where such minutes deal with meetings concerning the consideration of a bill, they may be included in the report.

3 If the bureau of a committee so decides, an audiovisual record may also be produced and broadcast.

CHAPTER XI

The Conference of Presidents. Agenda of the House. Organization of Debates

Article 47

1 The Conference of Presidents shall be made up, in addition to the President, of the Vice-Presidents of the Assembly, the chairmen of the standing committees, the General Rapporteur of the Finance, General Economy and Budgetary Monitoring Committee, the Chairman of the European Affairs Committee and the chairmen of groups.

2 The Conference shall be convened, if necessary, every week, by the President on the day and at the hour he decides. It may also be convened by the President upon the request of a group chairman so that it may carry out, if need be, the prerogatives with which it is provided by paragraph 4, article 39 and paragraph 2, article 45 of the Constitution.

3 During votes taken at the Conference of Presidents on proposals which are made by its members, the chairmen of groups are allocated a number of votes equal to the number of members of their group, after deduction of the other members of the Conference.

4 The chairmen of ad-hoc committees and the Chairman of the committee set up by article 80 may be invited to the Conference of Presidents at their request.

5 The Government is informed by the President of the day and the time of the Conference. It may appoint a representative to attend.

Article 47-1 5

1 In the matter of Government Bills tabled before the House, the Conference of Presidents shall have the power to declare non-compliance with the rules for tabling determined by the Institutional Act concerning the application of article 39 of the Constitution. It shall have ten days as of the tabling of the Bill to do so. This limit shall be suspended between sessions until the tenth day preceeding the beginning of the following session.

2 In the case of disagreement between the Conference of Presidents and the Government, the President of the Assembly may refer the matter to the Constitutional Council in the conditions laid down by article 39 of the Constitution. The inclusion of the Government Bill on the agenda shall be suspended until the decision of the Constitutional Council.

 

Article 48

1 Subject to the provisions of article 29, paragraph 1 and article 48, paragraphs 2 and 3, of the Constitution, the House shall set its agenda according to the proposals of the Conference of Presidents.

2 Before the opening of the session or after the composition of the Government, the latter shall inform the Conference of Presidents, as a guide, of the weeks during the session which it intends to reserve for the consideration of Bills and for debates it will request to be included on the agenda.

3 At the beginning of each period of eight weeks, the Conference of Presidents shall draw up a general guideline for the distribution of the various priorities provided for by the Constitution in the setting of the agenda.

4 Requests for priority inclusion on the agenda of the House shall be made, at the latest, on the day before the meeting of the Conference of Presidents, by the Prime Minister to the President of the Assembly who shall inform the members of the Conference.

5 Subject to the provisions of article 136, paragraph 3, the chairmen of groups and the chairmen of committees shall address their proposals for inclusion on the agenda to the President of the Assembly, at the latest four days before the meeting of the Conference of Presidents .

6 On the basis of such requests or proposals, the Conference of Presidents shall, at its weekly meeting, draw up an agenda for the current week and for the three following weeks, taking into consideration the priorities set down in article 48 of the Constitution.

7 The Conference of Presidents shall also determine the sitting or sittings which shall be given over to MP’s questions and Government answers as well as, if need be, those given over to oral questions without debate, in the conditions provided for in articles 133 and 134 .

8 Each chairman of a group of the opposition or of a minority group shall obtain, as of right, the inclusion on the agenda of the week provided for in article 48, paragraph 4 of the Constitution, of a subject in the field of assessment or monitoring. During this particular week, a sitting shall be reserved with priority for European questions.

9 The Conference shall decide, once a month, the agenda for the day of sitting provided for in article 48, paragraph 5, of the Constitution. The opposition and minority groups shall make known the maters they wish to have included on the agenda for this day, at the latest during the Conference of Presidents following the previous day reserved on the basis of article 48, paragraph 5, of the Constitution. The sittings shall be shared, at the beginning of each ordinary session, between the opposition groups and the minority groups, according to the number of their members. Each of these groups shall obtain at least three sittings per ordinary session.

10 The agenda which is thus drawn up shall be immediately posted on the noticeboard and transmitted to the Government, to the chairmen of groups and to the chairmen of committees. At the sitting following the meeting of the Conference, the President shall put the Conference’s proposals, except for those Government proposals subject to priority inclusion, to the House. No amendment shall be accepted. The House shall decide on the proposals in their entirety. Speeches may be made only by the Government and by, to give an explanation of vote not exceeding two minutes in duration, the chairmen of committees or their delegates having attended the Conference, and one speaker per group.

11 If, in exceptional circumstances, the Government, in virtue of the powers provided by article 48 of the Constitution, requests a change in the agenda, the President shall inform the House immediately. The Conference of Presidents may meet.

Article 49

1 The organization of debates on Bills submitted to the House may be decided by the Conference of Presidents.

2 The Conference may set the length of the general debate for the sittings provided for by the agenda. This time shall be allocated by the President of the Assembly to the groups, guaranteeing each group an identical minimum time according to the length of the debate. MPs belonging to no group shall have a total speaking time in proportion to their number. The remaining time available shall be allocated by the President to the groups according to the number of their members.

3 Chairmen of groups shall enter the names of MPs seeking leave to speak on a list which they present to the President of the Assembly, indicating the order in which they wish those listed to be called and the length of their speeches, which shall be not less than five minutes.

4 The President of the Assembly shall take this information into consideration and shall determine the order of speakers.

5 The Conference may also set the maximum time limit for the consideration of a Bill as a whole. In such cases the procedure provided for in the following paragraphs shall be applied.

6 A minimum amount of speaking time shall be allotted to each group. This amount shall be greater for the opposition groups. 60% of the extra time shall be allotted to the opposition groups and shall be divided amongst them proportionally according to the number of their members. The remainder of the extra time shall be divided between the other groups proportionally according to the number of their members. The Conference shall also set the speaking time given to non-enrolled MPs, who must be allotted an overall amount of time at least proportional to their number.

7 The presentation of motions and speeches on articles and amendments shall not be subject to the time limitations set down in articles 91, 95, 108 and 122.

8 All speeches made by MPs shall be deducted from the speaking time allotted by paragraph 6. This shall not apply to speeches made by the chairmen of groups who have one hour per group chairman or in the case of the time allotted according to paragraph 6 of the present article being more than forty hours, two hours. This latter case shall also apply to the chairman and the rapporteurs of the lead committee as well as to, if need be, the rapporteursof consultative committees. Speaking time given to speeches based on article 58, paragraph 1, shall also be deducted from the overall speaking time if the President considers that such speeches are clearly unrelated to the Rules of Procedure or the running of the sitting. Time given over to suspensions of sittings requested by a group chairman or his delegate on the basis of article 58, paragraph 3, shall also be deducted. Such deducted time shall not exceed the length of time requested.

9 According to the terms set down by the Conference of Presidents, a group chairman may request and be granted, as of right, that the planned time be equal to a minimum length determined by the Conference of Presidents.

10 A group chairman may, once per session, obtain, as of right, an extension of this length of time within a maximum limit set by the Conference of Presidents.

11 If a group chairman is in disagreement, the Conference may not set a maximum time limit to the consideration of a Bill as a whole if the first reading debate on the Bill takes place less than six weeks after its tabling or less than four weeks after its transmission.

12 If the Conference of Presidents declares that the maximum time limit set for the consideration of a Bill is insufficient, it may decide to extend it.

13 Each MP may take the floor at the end of the vote on the last article of the Bill under consideration in order to give a personal explanation of his vote for a period of five minutes. The time given over to such explanations of vote is not deducted from the overall time shared between the groups and is thus exempted from the rule laid down in paragraph 8.

CHAPTER XII

Plenary Sittings

Article 49-1

1 Sitting days for purposes of Article 28 of the Constitution shall be days on which a sitting has been opened. No sitting day shall be continued the following day beyond the hour appointed by Article 50 for the opening of the morning sitting.

2 Any decision by the Prime Minister to hold additional sitting days pursuant to the third paragraph of Article 28 of the Constitution shall be published in the Journal officiel .

3 Any request initiated by members of the House to hold additional sitting days shall be constituted by a document delivered to the President of the Assembly listing the signatures of half the members plus one. If the President finds that this condition is fulfilled, he shall convene the House.

 

Article 50

1 The House shall meet each week in plenary sitting in the morning, afternoon and evening of Tuesday and Thursday as well as in the afternoon and evening of Wednesday.

2 On a proposal made by the Conference of Presidents, the House may decide to hold further sittings provided the maximum number set by the second paragraph of Article 28 of the Constitution is not exceeded. Subject to the same provison, the holding of such further sittings shall be as of right if requested by the Government at the Conference of Presidents.

3 Wednesday mornings shall be set aside for committee business. Subject to the provisions of Article 48, paragraphs 2 and 3 of the Constitution, on those mornings no sittings may be organized pursuant to the preceding paragraph.

4 The House’s afternoon sittings shall be held from 3 pm to 8 pm and its evening sittings from 9.30 pm to 1 am the following morning. Its morning sittings shall be held from 9.30 am to 1 pm

5 The House may, however, decide to extend sittings, either on a proposal made by the Conference of Presidents for a specified agenda or on a proposal made by the lead committee or by the Government in order to proceed with a debate in progress; in the latter case the House shall be consulted by the President without debate.

6 The House may at any time determine weeks in which it will not sit, in accordance with the second paragraph of Article 28 of the Constitution.

 

Article 51

1 The House may decide to sit in camera through a vote without debate taken at the request either of the Prime Minister or of one tenth of its members, expressly for this reason. The tenth of members shall be calculated according to the number of seats actually filled. If the calculation results in a fraction, the number shall be rounded up. The signatures must appear on a single list. Once the list has been registered, no signature shall be withdrawn or added, and the procedure shall run its course until the House decides. The definitive list of signatures shall be published in the Journal officiel after the report of the sitting.

2 When the reason for sitting in camera ceases to apply, the President shall consult the House on resuming the plenary sitting.

3 The House shall subsequently decide whether to publish the report of debates in camera . At the request of the Government, this decision shall be made in camera .

 

Article 52

1 The President shall open the sitting, direct its debates, enforce the Rules of Procedures and keep order; he may at any time suspend or adjourn the sitting.

2 The policing of the House shall be exercised on its behalf by the President.

 

Article 53

Before the House proceeds to consider the agenda, the President shall inform it of any communications which concern it.

 

Article 54

1 No member of the House shall speak unless he has sought and been given leave by the President, even if another member who has the floor has given way to him in a specific instance. In the latter case the interruption shall not last longer than two minutes.

2 M.P.s wishing to speak shall enrol their names with the President, who shall determine the order in which they are called to take the floor.

3 Save in debates limited by the Rules of Procedure, the President may authorize one speaker per group to give an explanation of vote lasting five minutes.

4 M.P.s shall speak from the rostrum or from their seats; the President may invite M.P.s to come to the rostrum.

5 When the President considers that the House has been sufficiently informed, he may direct an MP to bring his speech to a close. He may also, in the interests of the debate, authorize an MP to speak for longer than the time allocated.

6 A speaker shall not depart from the question before the House; if he does, the President shall call him to order. If the MP disregards the call to order, or if an MP speaks without leave or continues to speak after having been requested to reach a conclusion, the President may withdraw the floor from him. The President shall then direct that the MP’s words shall not appear in the minutes; this is without prejudice to the disciplinary measures provided for in Chapter XIV of this Title.

 

Article 55

1 In all debates in which speaking time has been limited, MPs shall in no case speak for longer than the time allotted to their group.

2 If the speaking time is exceeded, the President shall apply paragraphs 5 and 6 of Article 54.

3 Once a group has used up its allotted speaking time, the floor shall be refused to its members.

4 If an amendment is tabled by a member of a group whose speaking time has been used up, then it is voted upon without debate. The same occurs for amendments tabled by a non-enrolled MP when the allotted time for non-enrolled MPs is used up.

5 The chairman of a group whose speaking time has been used up may not request a public ballot except on the overall content of a Bill.

6 When the Government or the lead committee use the possibility provided to them by article 99, paragraph 2, of tabling one or several amendments after the expiry of the time limit for MPs, during a debate which has been organized according to the procedure provided for in article 49, paragraph 5, then, at the request of a group chairman, extra time is allotted to each group and to non-enrolled MPs in addition to that set down in accordance with article 49, paragraph 6, for the discussion of the article concerning which the amendment has ben tabled or, if circumstances require, of the additional article.

 

Article 56

1 Ministers as well as the chairmen and rapporteurs of lead committees shall be given leave to speak whenever they seek it.

2 The President may give leave to an MP to reply to the Government or to the committee. When the Government and the committee have the same opinion, leave may be given to a single speaker to reply.

3 The chairmen and rapporteurs of committees may select officials of the House to assist them in debates at plenary sittings.

 

Article 57

1 Save in debates organized as provided for by Article 49, and where at least two speakers of opposing views have been called in the general debate, in the debate on a particular article or in explanations of vote, the immediate closure of that phase of debate may be either decided by the President or moved by a member of the House. However, the closure shall not apply to explanations of vote on a Bill in its entirety.

2 If the closure of the general debate is moved by a member of the House, leave to speak shall be given only to oppose the motion and only to a single member, who may speak for not more than two minutes. Precedence shall be given to the first of the remaining members enrolled to speak in the debate or, in his absence, to another member in order of listing, who seeks leave to speak against the closure. If no speakers remain listed, leave to speak against the closure shall be given to the first MP who seeks it.

3 Where the closure is requested outside the general debate, the House shall be required to decide without debate.

4 There shall be no public ballot to decide questions concerning closure. The President shall consult the House by calling for a show of hands. If there is any doubt about the result of the show of hands, the House shall vote by standing and sitting. If there is still doubt, debate shall continue.

 

Article 58

1 Points of order and requests relating to the running of the sitting shall always take precedence over the main question; they suspend discussion of the question. Leave to speak shall be given to any MP seeking it for this purpose, either immediately or, if another MP has the floor, when he has finished speaking.

2 If the point raised is clearly unrelated to the Rules of Procedure or to the running of the sitting or tends to challenge the agenda that has been determined, the President shall withdraw the floor from the speaker.

3 Requests to suspend the sitting shall be submitted for decision by the House unless made by the Government, by the chairman or rapporteur of the lead committee or, in person and for a group meeting, by the chairman of a group or a person delegated by him whose name has previously been transmitted to the President. Any such delegation shall cancel any preceding delegation.

4 An MP wishing to speak on a matter of personal concern shall be given leave to do so only at the end of the sitting.

5 In cases covered by this article, MPs shall be given leave to speak for not more than two minutes.

Article 59

1 Before adjourning the sitting, the President shall inform the House of the date and agenda of the next sitting.

2 For each plenary sitting a verbatim report of proceedings shall be published in the Journal officiel .

3 The verbatim report shall be the record of the sitting. It shall stand as the definitive record if the President of the Assembly has not received, in writing, any objection or request that a change be made twenty-four hours after publication in the Journal officiel . Objections shall be submitted to the Bureau of the House, which shall rule whether they are accepted after the speaker in question has been heard by the House for a period not exceeding two minutes.

4 If an objection is accepted by the Bureau , the relevant change to the record shall be submitted to the House by the President at the beginning of the sitting following the Bureau ‘s decision, and the House shall decide without debate.

5 An audiovisual report of debates in plenary sitting shall be made and broadcast in a manner determined by the Bureau .

Article 60

1 The President shall declare the ordinary session closed at the end of the last sitting held on the last working day of June, which shall not be extended beyond midnight. If the House is not sitting, the President shall declare the session closed by means of a notice published in the following day’s Journal officiel .

2 After the decree closing an extraordinary session held as provided for in the second paragraph of Article 29 and in Article 30 of the Constitution has been read, the President shall give no further leave to speak and shall immediately adjourn the sitting.

CHAPTER XIII

Voting

Article 61

1 The House may deliberate and determine its agenda whatever the number of MPs present.

2 Votes taken by the House shall be valid whatever the number of MPs present if before the beginning of the ballot, the President has not been requested by the chairman of a group in person to check the existence of a quorum, in the precincts of the National Assembly, of the absolute majority of the number of MPs, calculated according to the number of seats actually filled.

3 The request in person by the chairman of a group is only admissible if the majority of the MPs belonging to the said group is actually present in the Chamber.

3 Where no vote may be taken for want of a quorum, the sitting shall be suspended after the President has announced that the ballot is to be deferred; the ballot shall then be held not less than fifteen minutes later, and this vote shall be valid whatever the number of MPs present.

 

Article 62

1 An MP’s right to vote shall be exercised in person.

2 However, MPs may vote by proxy in public ballots as provided for by Ordinance 58-1066 of November 7, 1958.

3 A proxy shall be a personal document, naming a specific MP It may be transferred, with the prior agreement of the principal, to another named MP The President shall be notified of proxies before the opening of the ballot or of the first of the ballots to which they apply.

4 When the duration of the proxy is not stated, it shall automatically expire after eight clear days from its reception.

 

Article 63

1 Voting shall be by show of hands, or by sitting and standing, or by ordinary public ballot, or by public ballot at the rostrum.

2 However, where the House is required to make personal appointments by ballot, the ballot shall be secret.

3 Where a Bill deals with complex matters, a split vote may always be requested except in the cases referred to in Articles 44 and 49 of the Constitution. The person making the request shall specify the parts of the Bill on which he wishes separate votes to be taken.

4 A split vote shall be allowed by right if requested by the Government or by the lead committee. In other cases the President shall decide, after consulting the Government or the committee, if it is appropriate or not to have a split vote.

 

Article 64

1 The House shall normally vote by show of hands on all matters other than personal appointments.

2 In case of doubt about the result of the show of hands, the House shall vote by standing and sitting; if there is still doubt, voting shall then automatically be by ordinary public ballot.

3 However, where the first vote by show of hands is declared doubtful, the President may determine that voting will then proceed by ordinary public ballot.

4 No one shall be given leave to speak between the different stages of voting.

 

Article 65

1 Voting shall be by public ballot by right:

2 1 ° where the President so decides or at the request of the Government or of the lead committee;

3 2 ° upon the personal request, in writing, of the chairman of a group or of his delegate, provided the President has been notified in advance of the delegate’s name; any new delegation shall cancel the preceding one;

4 3 ° where the Constitution requires a qualified majority or where articles 49 and 50-1 of the Constitution are applied.

5 The public ballot shall take place in its ordinary form in cases 1 ° and 2 ° of this article and when it is in accordance with article 65-1. Public ballot at the rostrum or in the rooms adjoining the Chamber shall take place as decided by the Conference of Presidents, when it is held in case 3 ° of this article.

 

Article 65-1

Voting by public ballot may be decided by the Conference of Presidents, which shall determine the date of the ballot subject to Article 48 of the Constitution.

 

Article 66

1 Where a public ballot is to be held, an announcement to that effect shall be made throughout the precincts of the National Assembly. At least five minutes after this announcement, the President shall, if appropriate, invite MPs to return to their seats. He shall then declare the ballot open.

2 I– In the event of an ordinary public ballot, voting shall be carried out by the electronic voting system.

3 If the electronic equipment fails to operate, voting shall be by ballot paper. Each MP shall in person place a ballot paper in his name in the ballot box, supervised by secretaries of the Bureau – a blue paper if he is in favor, red if he is opposed, white if he abstains. No more than one ballot paper shall be put in the ballot box for any reason whatever.

4 When no further MP wishes to vote, the President shall declare the ballot closed. The ballot boxes may be brought to the rostrum. The President shall declare the result of the ballot obtained by the secretaries.

5 II– In the case of a public ballot at the rostrum, all MPs shall be called by name by the ushers. The first to be called shall be those whose name begins with a letter previously chosen by lot. MPs who have voted shall be marked off.

6 Voting shall be by ballot paper. Each MP shall hand his ballot paper to one of the secretaries, who shall put it into a ballot box placed on the rostrum.

7 The ballot shall remain open for one hour. The result shall be recorded by the secretaries and declared by the President.

8 The Conference of Presidents shall determine the time allowed for the public ballot where it is held in the rooms adjoining the chamber.

9 III– The provisions concerning electronic voting and voting by proxy shall be laid down in an instruction of the Bureau .

 

Article 67

1 The President may decide that a public ballot needs to be checked.

2 Where a check is carried out on a ballot concerning a motion to suspend a sitting or concerning a Bill whose adoption or rejection cannot affect the continuation of the debate, the sitting shall continue.

 

Article 68

1 Subject to Article 49 of the Constitution, questions put to vote shall be declared adopted only if the majority of votes cast are in favor. However, where the Constitution requires an absolute majority of the members constituting the House for the adoption of a question, the majority shall be calculated according to the number of seats actually filled.

2 Where the votes are equal, the question put shall not stand adopted.

3 The result of the House’s deliberations shall be declared by the President in the following terms: ‘The House has adopted’ or ‘The House has not adopted’.

4 No rectification of a vote shall be allowed after the ballot is closed.

 

Article 69

1 Secret ballots whereby the House makes personal appointments shall be held either at the rostrum, in the manner provided by section II of Article 66, or in the rooms adjoining the Chamber.

2 In the latter case the President shall indicate in the Chamber the hour at which the ballot is to open and close. Tellers chosen by lot shall mark off those who have voted. During the sitting, which shall not be suspended on account of the ballot, each MP shall place his ballot paper in a box which is under the supervision of one of the secretaries of the Bureau . The secretaries shall count the votes, and the President shall declare the result during the sitting.

3 Unless the Conference of Presidents decides otherwise, the length of any ballot held in accordance with this Article shall be one hour.

CHAPTER XIV

Discipline and Immunity

Article 70

1 The disciplinary measures applicable to Members of the House shall be:

2 – the call to order;

3 – the call to order recorded in the minutes;

4 – censorship;

5 – censorship with temporary suspension.

 

Article 71

1 The President shall have sole power to call to order.

2 Any demonstration or interruption which disturbs order is forbidden. Any speaker whose conduct is disorderly shall be called to order.

3 Any MP who, not having been given leave to speak, is called to order shall not be given leave to explain his conduct until the end of the sitting, unless the President decides otherwise.

4 If an MP who has already incurred one call to order is called to order again in the same sitting, the call shall be recorded in the minutes.

5 Any MP who personally calls into question, heckles, insults, provokes or threatens one or more of his colleagues shall also be called to order, and the call shall be recorded in the minutes.

6 A call to order recorded in the minutes shall automatically entail the loss of entitlement, for one month, to one quarter of the parliamentary allowance provided to MPs

 

Article 72

1 Year MP shall be censured if:

2 1 ° after a call to order recorded in the minutes, he disregards the authority of the President;

3 2 ° he causes a disturbance in the House.

 

Article 73

1 An MP shall be censured and temporarily suspended from the precincts of the House if:

2 1 ° he has ignored an ordinary censure or has been censured twice;

3 2 ° he has resorted to violence in plenary sitting;

4 3 ° he has uttered abuse against the House or its President;

5 4 ° he has insulted, provoked or threatened the President of the Republic, the Prime Minister, members of the Government or the assemblies provided for by the Constitution.

6 No MP censured and temporarily suspended shall take part in the business of the House or reappear in the precints of the House before the expiry of the fifteenth day of sitting following that on which the measure was ordered.

7 If an MP refuses to comply with the President’s order to withdraw from the House, the sitting shall be suspended. In such a case, and in that in which an MP is censured and temporarily suspended for a second time, the suspension shall be for thirty days of sitting.

¨

Article 74

1 If a member of the House assaults another member, the President may propose that the Bureau order the offending member to be censured and temporarily suspended. In the absence of such a proposal by the President, any MP may ask the Bureau in writing to implement such a measure.

2 Where it is so proposed that an MP be censured and temporarily suspended, the President shall convene the Bureau and the MP concerned shall appear before it. The Bureau may order any of the measures provided for by Article 70. The President shall inform the MP of the Bureau ‘s decision. If the Bureau orders censure with temporary suspension, the MP shall be escorted to the door of the Palais Bourbon by the senior usher.

 

Article 75

1 Ordinary censure and censure with temporary suspension shall be ordered by the House, voting by sitting and standing without debate, on a proposal made by the President.

2 Where any disciplinary measure against an MP is called for, the MP shall always be entitled to speak either in person or through another MP acting on his behalf.

 

Article 76

1 An MP who has incurred ordinary censure shall automatically lose entitlement, for one month, to half of the parliamentary allowance.

2 An MP who has incurred censure and temporary suspension shall automatically lose entitlement, for two months, to half of the allowance.

 

Article 77

1 Where an MP attempts to obstruct freedom of debate or of voting in the House and, after attacking one or more of his colleagues, refuses to come to order when directed by the President, the President shall adjourn the sitting and convene the Bureau .

2 The Bureau may propose that the House censure and temporarily suspend the offending MP, and the loss of entitlement to half of the parliamentary allowance as provided by Article 76 shall in such a case last for six months.

3 If, in the course of the sittings at which such offenses took place, serious assaults were committed, the President shall refer the matter immediately to the chief public prosecutor.

 

Article 77-1

1 Voting offenses, notably in respect of the personal nature of the right to vote, shall entail the loss of entitlement, for one month, to one quarter of the allowance referred to in Article 76. Any MP reoffending during the same session shall lose entitlement for six months.

2 The Bureau shall decide on the application of the first paragraph of this article on a proposal from the secretaries.

 

Article 78

1 If a serious offense is committed by an MP in the precincts of the National Assembly while the House is sitting, proceedings shall be suspended.

2 The President shall forthwith inform the House of the offense.

3 If an offense as referred to in the first paragraph is committed at a time when the sitting is suspended or has been adjourned, the President shall inform the House when the sitting is resumed or at the beginning of the following sitting.

4 The MP shall be entitled to offer an explanation if he so requests. At the direction of the President he shall be required to leave the chamber and shall be held in the precincts of the House.

5 If the MP resists or there is a disturbance in the House, the President shall adjourn the sitting at once.

6 The Bureau shall immediately inform the chief public prosecutor that a serious offense has just been committed in the precincts of the House.

 

Article 79

1 Apart from the cases specified by article LO 150 and the penalties specified by section LO 151 of the Electoral Code, no MP, subject to the disciplinary measures set out in Articles 70 to 76, shall use his position or allow it to be used in any financial, industrial or commercial enterprise or in carrying out a profession or other occupation, or in general use his title for any other purpose than the exercise of his parliamentary office.

2 Nor shall any MP, subject to the same penalties, be a member of any private, local or professional association or interest group or enter into any commitment with them concerning his own parliamentary activities if such membership or commitment implies the acceptance of a binding mandate .

 

Article 80

1 At the beginning of each new term and, in each following year, with the exception of the year preceding the renewal of the House, at the opening of each ordinary session, a committee of fifteen members and fifteen substitutes shall be appointed to consider applications to suspend the detention of MPs, custodial or semi-custodial measures applied to them, or their prosecution. Appointments shall be made with due regard for the need to reflect the political make-up of the House and, failing agreement between the chairmen of groups on a list of candidates, to ensure proportional representation of groups, in accordance with the procedure set out in Article 25. A substitute shall be associated with each member. Where the substitute is to stand in for the member, this shall be during the entire consideration of the specific application.

2 The bureau of the committee shall be composed of a chairman, three deputy chairmen and three secretaries. Appointments shall be made with due regard for the need to reflect the political make-up of the House and to ensure the representation of all its members. The members of the bureau shall be appointed according to the provisions of article 39. The provisions of Chapter X concerning the procedure for committee proceedings shall apply to the committee appointed pursuant to this article.

3 The applicant or first signatory of the application and the MP in respect of whom the application was made or such other MP as he has instructed to represent him shall appear before the committee. If the MP in question is in custody, the committee may delegate one or more of its members to interview him in person.

4 Subject to the provisions of the following paragraph, applications shall be set down as of right on the agenda by the Conference of Presidents, once the committee’s report has been distributed, for the earliest sitting at which precedence has been given, pursuant to the last paragraph of Article 48 of the Constitution, to questions asked by Members of Parliament and the Government’s answers, following said questions and answers. If the report has not been distributed within twenty days of session after the application was made, the matter may be set down as of right by the Conference of Presidents for the earliest sitting at which precedence has been given, pursuant to the last paragraph of Article 48 of the Constitution, to questions asked by Members of Parliament and the Government’s answers, following said questions and answers.

5 As provided for by the last paragraph of Article 26 of the Constitution, the House shall meet as of right for an additional sitting to consider applications to suspend the detention of MPs, custodial or semi-custodial measures applied to them, or their prosecution; the sitting shall be held not later than one week after the committee’s report has been distributed or, if it has not been distributed, not later than four weeks after the application was made.

6 The findings of the committee, expressed in a draft resolution, shall be debated in plenary sitting. If the committee presents no findings, the application made to the House shall be debated. A motion to refer the matter to the committee may be made and debated as provided for by article 91. If the committee’s findings rejecting the application are rejected, the application shall be deemed accepted.

7 The House shall rule on the merits after a debate in which only the committee’s rapporteur , the Government, the MP concerned or another member of the House representing him, one speaker in favor and one opposed, may take part. A motion to refer to committee, as provided for in the preceding paragraph, shall be put to the vote after the rapporteur has spoken. If the motion is lost, the speakers referred to in this paragraph shall then appear before the House.

8 Where an application is made to suspend the prosecution of an MP who has been detained or who has had custodial or semi-custodial measures applied to him, the House may decide only to suspend the detention or some or all of the measures imposed. Only amendments moved for this purpose shall be admissible. Article 100 shall apply in debating them.

9 If an application is rejected, no further application concerning the same facts shall be made in the course of the session.

CHAPTER I

Tabling of Government and Members’ Bills

 

Article 81

1 Government Bills, Members’ Bills transmitted from the Senate and Bills introduced by MPs shall be registered with the Office of the Presidency.

2 The tabling of Members’ Bills shall be subject to their admissibility which is previously decided upon according to the previsions laid down in chapter III of this part.

3 Notice of tabling shall be made in the Official Journal .

 

Article 82

1 Save as expressly provided for by Constitutional or Institutional Acts, draft resolutions shall be admissible only if they formulate internal measures or decisions which, since they deal with the operation and discipline of the House, are entirely within its own jurisdiction.

2 Such draft resolutions shall be moved, considered and debated in accordance with the procedure applying at first reading to Members’ Bills, except for provisions applying Articles 34, 40 and 41 of the Constitution to such Bills.

3 Where the committee to which the draft resolution has been referred rejects the draft or does not present any conclusions, the President, immediately after the closure of the general debate, shall call upon the House to make a ruling. In the first case, the House shall vote upon the conclusions concerning the rejection. If these conclusions are not adopted, then a debate shall follow on the articles of the draft resolution or, if there are several such drafts, on the first which was tabled. In the second case, the House shall rule upon moving to a debate on the articles of the original text of the draft resolution or, if there are several such drafts, on the first which was tabled. If the House decides not to move to a debate on the articles, the President shall declare that the draft resolution is not adopted.

 

Article 83 6

1 Any instrument tabled before the House shall be printed, distributed and referred for consideration to the relevant standing committee of the House unless an ad-hoc committee has been set up.

2 Documents which report on the impact study carried out concerning a Bill which is first introduced in the House are printed and distributed at the same time as this Bill. There are made available electronically so that any observations which may be made can be collected.

 

Article 84

1 Government Bills may be withdrawn by the Government at any time before their final passing by Parliament.

2 The originator of a Member’s Bill, or the first MP to have signed it, may withdraw it at any time before it is passed on first reading. If the Bill is withdrawn while being debated in plenary sitting and another MP takes it up, debate shall continue.

3 Members’ Bills rejected by the House shall not be reintroduced before one year has elapsed.

Article 85

1 The President of the Assembly shall refer any Government or Member’s Bill tabled in the House to the relevant standing committee or to the ad-hoc committee set up to consider it.

2 If a standing committee declines jurisdiction, or if there is a dispute as to jurisdiction between two or more standing committees, the President, after a debate in which only the Government or the originator of the Bill and the chairmen of the committees concerned may speak , shall first of all move that an ad-hoc committee be appointed. If the motion is rejected, the President shall put the question of jurisdiction to the House.

CHAPTER II

Legislative Proceedings of Committees

 

Article 86

1 The rapporteurs of committees shall be appointed and their reports, as well as all texts passed by the committee, shall be presented, printed and distributed in sufficient time to enable the National Assembly to debate Bills as required by the Constitution.

2 Where the period between the the tabling of a Government or Member’s Bill and its consideration in sitting is at least six weeks, the rapporteur of the lead committee shall, in the week preceeding the examination of the Bill in committee, make available to its members a document which reports on the state of his work.

3 The reports shall recommend the adoption, rejection or modification of the instrument initially referred to the committee. They shall include a comparative table which shall set out any such possible modifications. Amendments submitted to the committee must be included in an annex to the reports.

4 The overall text adopted by the committee shall be published separately from the report. On first reading, the period between the moment the text adopted by the committee becomes available electronically and the beginning of its examination in plenary sitting, shall not be less than seven days. This limit shall not apply when the accelerated procedure provided for by the second paragraph of Article 45 of the Constitution is used or when the Government Bill concerns a state of crisis. In the case of the use of the accelerated procedure as well as for second and subsequent readings, the text is made available electronically as quickly as possible.

5 Every MP may table an amendment in committee, whether or not he is a member of said committee. Amendments, apart from those tabled by the Government, the chairman or the rapporteur of the committee and, where applicable, of the consultative committees, must be transmitted by their authors to the secretariat of the committee, at the latest, by 5p.m. , three working days before the date of the beginning of the examination of the text, unless otherwise stated by the chairman of the committee. The admissibility of MPs’ amendments shall be decided according to the conditions laid down in chapter III of this part of the Rules of Procedure.

6 In addition to the members of the committee, the following may take part in the debates of the committee: the author, according to the situation, of a Member’s Bill or an amendment, as well as, if applicable, the rapporteurs of consultative committees . Government participation is of right.

7 Reports on a Government Bill or a Member’s’ Bill relating to areas covered by the European Union shall have appended to them, information on the relevant European law currently applicable or likely to be applicable thereafter, together with the stance, if the case pertains, taken by the House through European resolutions.

8 Reports on a Government Bill tabled before the House, shall have appended to them, an annex presenting the observations which have been collected on the documents which report on the impact study attached to the Bill.

9 Reports on a Government Bill or a Member’s Bill shall have appended to them, a list of statutory provisions liable to be repealed or modified during the examination of said Government Bill or Member’s Bill.

10 The discussion of the texts submitted to the committee may be organized by its bureau .

11 Motions mentioned in articles 91 and 122 shall not be examined in committee.

 

Article 87

1 Any standing committee which decides to give an opinion on all or part of a Government or Member’s Bill referred to another standing committee shall inform the President of the Assembly. The decision shall be published in the Journal official .

2 Where a Government or Member’s Bill has been referred to a consultative committee, the relevant committee shall appoint a rapporteur , who shall have a consultative role while taking part in the proceedings of the lead committee. The rapporteur of the lead committee shall likewise have a consultative role while taking part in the proceedings of the consultative committee.

3 Consultative committes shall meet within such a time period as to allow their rapporteurs to defend the amendments adopted by their committees before the lead committee during the meeting provided for in article 86.

4 Opinions shall be tabled, printed and distributed. The fact that an opinion has not been tabled or distributed shall not impede debate, since the committee that has decided to give its opinion may always give it orally on the day appointed for debating the instrument.

 

Article 88

1 Prior to the meeting held in accordance with article 86, the lead committee on a Government or Member’s Bill may hold, right up to the beginning of the sitting scheduled for the debate on the Bill, one or more meetings to examine such amendments as have been tabled in the meantime. Whatever the case, it shall hold a meeting after the expiry of the time period provided for in article 99 if any new amendments have been tabled. Article 86, paragraph 6, shall be applicable.

2 The committee shall debate the substance of amendments tabled within the time limits set by Article 99 and shall reject or accept them without incorporating them into its proposals or presenting an additional report.

CHAPTER III

Financial Admissibility

Article 89

1 Bills introduced by MPs shall be transmitted to the Bureau of the House or to certain of its members which the House shall appoint for this purpose. Where it appears that their passing would have the results set out in article 40 of the Constitution, their tabling shall be refused.

2 Amendments tabled in committee shall be deemed inadmissible where their adoption would have the results set out in article 40 of the Constitution. Such inadmissibility shall be decided by the chairman of the committee or, in case of doubt, by its bureau . The chairman of the committee may, if need be, consult the Chairman or the General Rapporteur of the Finance, General Economy and Budgetary Monitoring Committee or a member of its bureau appointed for this purpose.

3 The admissibility of amendments tabled before the House shall be decided by the President. Their tabling shall be refused if it appears that their adoption would have the results set out in article 40 of the Constitution. In case of doubt, the President shall decide after having consulted the Chairman or the General Rapporteur of the Finance, General Economy and Budgetary Monitoring Committee or a member of its bureau appointed for this purpose; if no opinion is forthcoming the President may refer the matter to the Bureau of the House.

4 The provisions of article 40 of the Constitution may be applied at any time to Members’ Bills and to amendments. They may also be applied to modifications introduced either by committees to instruments referred to them or by the Government as well as by any MP Inadmissibility shall be decided by the Chairman or the General Rapporteur of the Finance, General Economy and Budgetary Monitoring Committee or a member of its office appointed for this purpose.

5 In the same way, the provisions of the Institutional Acts concerning Finance Bills and Social Security Financing Bills may be applied.

CHAPTER IV

First Reading of Government and Members’ Bills

Article 90

Subject to the provisions provided for in part two of the present title concerning Government Bills referred to in Article 42, paragraph 2, of the Constitution, the discussion of Government and Members’ Bills shall concern the text passed by the relevant committee. Nonetheless, in the absence of a text passed by the committee, the discussion shall concern the text referred to the House.

Article 91

1 On first reading, the discussion in plenary sitting of a Government or Members’ Bill may not take place within six weeks of its tabling or four weeks of its transmission. These time periods shall not apply to Government Bills concerning a state of crisis or if the accelerated procedure has been implemented.

2 The discussion of a Government or Members’ Bill shall begin, if the case applies, with the Government’s contribution followed by the presentation of the report from the lead committee responsible and, if need be, by the contribution of the rapporteur of the consultative committee or committees.

3 If the report or the opinion was distributed not later than the day before the debate was opened, the rapporteur may decline to present it orally; otherwise, he shall confine himself to commenting upon it, without reading it. The presentation of reports and opinions shall last no longer than the limit stipulated by the Conference of Presidents in its organization of the discussion of the Bills.

4 A member of the Economic and Social and Environmental Council may also make a contribution as provided for by Article 97.

5 Not more than one preliminary rejection motion with the purpose of establishing that the proposed instrument is contrary to one or more constitutional provisions, or with the purpose of having the decision taken that there is no reason for debate, shall then be debated and put to the vote. If the preliminary rejection motion is carried, the instrument in question shall stand rejected. The sole speakers permitted in the debate shall be one of the signatories, for no more than thirty minutes unless otherwise decided by the Conference of Presidents, the Government and the chairman or the rapporteur of the lead committee. Before the vote is taken, one member of each group shall be given leave to speak for two minutes.

6 Not more than one motion requesting the referral of the instrument as a whole back to the lead committee shall then be debated and put to the vote. The adoption of such a motion would suspend the debate until the committee presents a new report. The debate on such a motion shall follow the provisions laid down in paragraph 5.

7 If the motion to refer is carried, the Government, where the instrument has been given precedence by virtue of paragraphs 2 and 3 of Article 48 of the Constitution, or the House, in the case of other instruments, shall determine the date and hour at which the committee is to present its new report.

8 If the motion is lost, or no motion is moved, the clauses of the Government or Members’ Bill, or the committee’s text, shall automatically proceed to be debated.

9 Leave to speak shall then be given to those MPs who have enrolled for the general debate. The originator or first signatory of a Member’s Bill shall be given priority.

10 In the case of an instrument discussed during a sitting held in accordance with Article 48, paragraph 5, of the Constitution, not more than one preliminary rejection motion with the purpose of establishing that the proposed instrument is contrary to one or more constitutional provisions, or with the purpose of having the decision taken that there is no reason for debate, shall be debated and put to the vote. If such a motion is carried, the instrument in question shall stand rejected. Not more than one motion requesting the referral of the instrument as a whole back to the lead committee shall then be debated and put to the vote. The adoption of such a motion would suspend the debate until the committee presents a new report. Such motions shall be debated and put to the vote after the closing of the general debate.rapporteur of the lead committee. Before the vote is taken, one member of each group shall be given leave to speak for two minutes.

11 Before the debate on the articles is opened, the chairman and rapporteur of the committee shall be consulted on whether the committee should meet to examine immediately any amendments not tabled at the last meeting held pursuant to paragraph 1 of Article 88. If they agree that no meeting is required, debate shall continue. Otherwise, debate shall be suspended and resumed after the committee meeting. The provisions of paragraph 6 of Article 86 shall apply to such a meeting.

 

Article 92

Repealed

Article 93

1 The notion of inadmissibility referred to in article 41, paragraph1, of the Constitution, may be claimed at any moment by the Government or by the President of the National Assembly concerning a Members’ Bill, an amendment or modifications introduced by an amendment to an instrument initially referred to the committee.

2 Where inadmissibility is claimed by the Government, the President of the Assembly may, if need be after consultation with the Chairman of the of the Constitutional Acts, Legislation and General Administration Committee or a member of its bureau appointed for this purpose, accept that the instrument is invalid. If inadmissibility is claimed by the Government whilst the debate is ongoing, the examination of the amendment, the article or the Bill may be suspended or deferred until the President of the Assembly, in the same conditions, reaches a decision.

3 Where inadmissibility is claimed by the President of the Assembly, if need be after consultation with the Chairman of the of the Constitutional Acts, Legislation and General Administration Committee or a member of its bureau appointed for this purpose, he shall consult the Government. The examination of the amendment, the article or the Bill may be suspended or deferred until the Government declares its position.

4 If the Government and the President are not in agreement, debate shall be suspended and the President shall refer the matter to the Constitutional Council.

 

Article 94

repealed

Article 95

1 Each article shall be debated in turn.

2 Speeches by committees or MPs on the articles of the instrument or on new articles moved by the Government or by committees, in the form of amendments, shall last for not more than two minutes, subject to paragraph 5 of Article 54.

3 Amendments to each article shall be debated and put to the vote in turn in the manner provided for by article 100. Each article shall then be put to the vote separately.

4 Leave may always be sought to defer an article or an amendment for the purpose of rearranging the order of debate.

5 Deferment shall be allowed by right if sought by the Government or the lead committee. In other cases the President shall decide.

6 After the vote has been taken on the final article or on the last additional article moved in the form of an amendment, the Government or Members’ Bill in its entirety shall be put to the vote unless the Conference of Presidents has decided that voting is to be by ballot on another date, as provided for by Article 65-1.

7 If no additional article has been moved before the vote is taken on an article which is the sole article of an instrument, the vote on the sole article shall be deemed to be a vote on the entire instrument; any amendment containing a further article after that vote has been taken shall be inadmissible.

 

Article 96

The third paragraph of Article 44 of the Constitution shall not exclude the operation of chapters IV and VI of title II of these Rules of Procedure save in respect of the manner in which instruments are put to the vote. Instruments shall be debated in accordance with the procedure set out in those chapters.

 

Article 97

1 Where the Economic, Social and Environmental Council, acting under Article 69 of the Constitution, appoints one of its members to present to the National Assembly its opinion on a Government or Member’s Bill that has been referred to it, the President of the Economic, Social and Environmental Council shall inform the President of the Assembly.

2 In all circumstances the member of the Economic, Social and Environmental Council shall speak after the rapporteurs of the relevant committees of the National Assembly.

3 At the hour appointed for him to speak, he shall be escorted into the Chamber by the senior usher at the order of the President, who shall forthwith call upon him to speak. Once he has finished, he shall be escorted from the Chamber with the same ceremonial.

 

Article 98

1 The Government, lead committees, consultative committees and MPs shall be entitled to move amendments to instruments tabled in the House or passed by committees.

2 The only amendments allowed shall be in writing, signed by at least one of the authors and tabled in the House or in committee.

3 Amendments shall be accompanied by a succinct explanation of their grounds; they shall be transmitted by the Office of the President to the lead committee, printed and distributed; nonetheless, failure to print and distribute an amendment shall not prevent its being debated in plenary sitting.

4 Amendments shall only relate to a single article. Alternative texts of Bills being debated shall be introduced in the form of amendments, article by article. Subamendments may not contradict the meaning of the amendment. Subamendments shall not be amended. The President shall decide whether, for purposes of this paragraph, amendments, alternative texts of Bills or subamendments are admissible.

5 Without prejudice to the application of Articles 40 and 41 of the Constitution, any amendment which has a link, even indirect, with the instrument tabled or transmitted shall be admissible on first reading. The President shall decide on whether this link exists or not.

Article 98-1 7

1 An amendment shall be subject to a preliminary assessment:

2 1 ° In the case of a committee amendment, upon the request of the chairman or the rapporteur of the lead committee;

3 2 ° In the case of an amendment tabled by an MP, upon the request of the author with the agreement of the chairman of the lead committee;

4 Failure to carry out, print or distribute a preliminary assessment on an amendment shall not prevent its being debated in plenary sitting.

Article 99

1 Unless otherwise decided by the Conference of Presidents, MPs’ amendments must be tabled at the latest by 5 pm, three working days before the date of the beginning of the debate on the Bill.

2 After the expiry of the deadline for tabling provided for in the previous paragraph, only amendments tabled by the Government or the lead committee shall be admissible. When the Government or the lead committee use this possibility, the deadline can no longer be applied to MPs’ amendments concerning the article it is proposed to amend or competing with the tabled amendment when the latter introduces an additional article.

3 The deadline set out in the present article shall not be applied to sub-amendments.

 

Article 100

1 Amendments shall be debated after the articles to which they relate have been debated, and put to the vote before them and, in general, before the main question.

2 The President shall submit for debate only such amendments as have been laid upon the table of the House.

3 The House shall not deliberate upon amendments which are not supported during the debate. Nor shall it deliberate, where the Government so requests pursuant to the second paragraph of Article 44 of the Constitution, upon amendments which have not been submitted for consideration in committee; any such request shall be made at the time the amendment is called during the sitting.

4 Competing amendments shall be debated in the following order: deletion amendments, followed by other amendments starting with those which are furthest from the original text in the order in which they oppose it, are to be inserted into it or are to be added to it .

5 Amendments moved by the Government or by the lead committee shall be debated before amendments moved by MPs with the like purpose. All movers of amendments shall be given leave to speak, and a single vote shall be taken on all such amendments.

6 Where a number of mutually exclusive amendments are in competition, the President may direct that they be debated together, the mover of each amendment being given the floor in turn before each amendment is put to the vote, also in turn.

7 Save in the case of amendments as referred to in paragraph 2 of article 95, the only speakers on each amendment, apart from one of its movers, shall be the Government, the chairman or rapporteur of the lead committee, the chairman or rapporteur of the consultative committee and one speaker opposed. Subject to paragraph 5 of article 54, speeches on amendments, other than government speeches, shall last for no more than two minutes.

8 The House shall rule only on the substance of amendments and shall not take into account procedural aspects.

 

Article 101

1 Before explanations of vote on a Government or Member’s Bill in its entirety have begun, the House may decide, at the request of the Government or of an MP, that there will be a second deliberation on all or part of said Bill.

2 A second deliberation shall be held by right if requested by the Government or by the lead committee, or if agreed to by the latter.

3 Instruments to be deliberated upon a second time shall be referred to the committee, which shall present a new report in writing or orally.

4 If the House rejects amendments moved in the second deliberation, this shall be deemed to confirm the decision taken by the House in the first deliberation.

 

Article 102

1 The Government may implement the accelerated procedure, pursuant to Article 45 of the Constitution, up until 1 pm on the day before the Conference of Presidents which preceeds the opening of the debate on first reading, by means of a communication to the President. The President shall immediately inform the House.

2 In the case of opposition from the Conference of Presidents of the National Assembly, the President shall immediately inform the Government and the President of the Senate.

3 Where the President of the Assembly is informed of an opposition coming from the Conference of Presidents of the Senate, he shall immediately call a meeting of the Conference of Presidents of the National Assembly. The latter may also decide to oppose the implementation of the accelerated procedure unil the closure of the general debate on first reading before the first House to which the Bill was referred.

4 In the case of joint opposition by the Conferences of Presidents of the two Houses before the closure of the general debate, the accelerated procedure shall not be implemented.

CHAPTER V

Simplified Examination Procedure

Article 103

1 The Conference of Presidents may decide, upon a request from the President of the Assembly, the Government, the chairman of the lead committee or the chairman of a group, that a Government or Member’s Bill shall be considered according to the simplified examination procedure.

2 Such a request must be made before consideration of the Bill in committee or if it is made by the chairman of the lead committee, after the committee has been consulted. In the latter case the Bill shall be debated after one clear day has elapsed.

 

Article 104

1 The decision of the Conference of Presidents to implement the simplified examination procedure shall be posted on the noticeboard and transmitted to the Government.

2 Paragraphs 5 and 10 of article 91 and paragraph 2 of article 128 shall not apply to Government or Members’ Bills in respect of which a request that they be considered by simplified examination procedure has been made.

3 Not later than 1 pm on the day before the Bill is to be debated, the Government, the chairman of the lead committee or the chairman of a group may object to its being considered by simplified examination procedure.

4 Notice of such an objection must be addressed to the President of the Assembly who informs the Government, the lead committee and the chairman of groups, posts it on the notice board and announces it to the House.

5 In the event of an objection being raised, the text shall be examined in accordance with the provisions of chapter IV of this title.

 

Article 105

1 Amendments by MPs and by the relevant committees shall be admissible until the expiry of the time allowed for objections.

2 If the Government tables an amendment after the expiry of the time allowed for objections, the Bill shall be withdrawn from the agenda.

3 The Bill shall not be set down on the agenda again before the following sitting. It shall then be debated in accordance with chapter IV of this title.

 

Article 106

Where amendments have not been moved to a Bill considered by simplified examination procedure, the President shall directly put the entire Bill to the vote, unless the Conference of Presidents decides otherwise.

 

 

Article 107

1 Where amendments have been moved to a Bill considered by simplified examination procedure, the President shall call only those articles to which amendments have been moved. In addition to the Government, leave to speak on each amendment shall be given only to one of the movers, the chairman or rapporteur of the lead committee and one speaker opposed. Paragraph 2 of article 95 shall not apply.

2 Subject to the third paragraph of Article 44 of the Constitution, the President shall only put to the vote the amendments, the articles to which they relate and the entire Bill.

CHAPTER VI

Relations between the National Assembly and the Senate

Article 108

1 During the second and subsequent readings of a Government or Member’s Bill by the National Assembly, the Bill shall be debated in accordance with chapter IV or V of this title, subject to the provisions set out below.

2 The length of a speech made in support of each of the motions mentioned in article 91 may not, as of the second reading, exceed fifteen minutes unless the Conference of Presidents decides otherwise.

3 Debate on the articles of the Bill shall be restricted to those on which the two Houses of Parliament have failed to agree in identical terms.

4 Consequently, no amendment shall be made to articles passed by both Houses in identical terms if it would, either directly or by making incompatible additions, call into question the provisions agreed.

4 No exception shall be made to the articles set out above for any purpose other than to ensure respect of the Constitution, to coordinate with Bills under consideration or to rectify a clerical error.

 

Article 109

1 If an entire Bill is rejected in the course of its passage through the two Houses of Parliament, this shall not cause the procedures set out in Article 45 of the Constitution to be interrupted.

2 If an entire Bill is rejected by the Senate, the National Assembly shall, on its next reading, deliberate upon the Bill as previously passed by it and transmitted to it by the Government after the Senate’s decision.

 

Article 110

1 A meeting of a joint committee may be called, according to the provisions of Article 45 of the Constitution, from the end of the first reading by each House, if the accelerated procedure has been implemented and if not then, from the end of the second reading.

2 Where this decision is taken by the Prime Minister, it shall be communicated to the President of the Assembly who shall immediately inform the House.

3 Where such a decision is taken, concerning a Member’s Bill, jointly by the presidents of the two Houses, it shall be communicated to the Government. The National Assembly shall be immediately informed of such a decision by its President.

4 If a Bill is being considered before the National Assembly when the decision to call a meeting of a joint committee is taken, the debate shall be immediately interrupted.

 

Article 111

1 By agreement between the National Assembly and the Senate, the number of representatives of each House in a joint committee shall be seven.

2 Seven substitutes shall likewise be appointed. Substitutes shall vote only if necessary to preserve equality of representation between the two Houses. They shall be called to vote in the order in which they were appointed.

3 Every endeavor shall be made to ensure that appointments by the House to the joint committees reflect the political make-up of the House and represent all of its members.

4 The chairman of each group shall propose a list of candidates, in each category, to the Office of the Presidency within the time limit set by the President of the Assembly.

5 The names of candidates shall be posted on the noticeboard once the time limit has expired. If the number of candidates does not exceed the number of seats to be filled, appointments shall have effect from the time of posting. Otherwise, appointments shall be made by ballot in accordance with article 26, either immediately or at the beginning of the first sitting after the time limit has expired.

 

Article 112

1 Joint committees shall meet, when convened by their oldest member, on the premises of the National Assembly and of the Senate in turn, case by case.

2 Each joint committee shall elect its bureau and determine its composition.

3 Each joint committee shall consider the Bills referred to it in accordance with the ordinary committee procedure laid down by the Rules of Procedure of the House in the precincts of which it is meeting.

4 The conclusions of the proceedings of joint committees shall be presented in reports printed and distributed in each of the two Houses and officially communicated to the Prime Minister by their Presidents.

 

Article 113

1 If the Government has not submitted a Bill drafted by a joint committee for Parliament’s approval within fifteen days of the committee report being tabled, the House in which the Bill was last considered before the meeting of the joint committee may resume its consideration in accordance with the first paragraph of Article 45 of the Constitution.

2 Where a Bill drafted by a joint committee is referred to the National Assembly, any amendments tabled shall be submitted to the Government before being distributed and shall not be distributed unless agreed to by the Government. In such a case, paragraph 1 of article 88 shall apply to the said amendments.

3 The House shall first decide on the amendments. Once it has agreed to them or rejected them, or if no amendment has been tabled, it shall decide by a single vote on the entire Bill.

 

Article 114

1 A Bill shall not be legitimately laid before the National Assembly pursuant to the fourth paragraph of Article 45 of the Constitution, unless the House has first considered the Bill as drafted by the joint committee and the Bill has not been passed in accordance with the third paragraph of Article 45 of the Constitution, or unless the joint committee has not succeeded in agreeing on a common text.

2 Where the National Assembly gives the Bill a further reading as provided by the fourth paragraph of Article 45 of the Constitution, the Bill read shall be that last referred to the House before the joint committee was set up.

3 Where, after this further reading, the Government asks the National Assembly to make a final decision, the lead committee shall determine the order in which the joint committee’s text and the last Bill passed by the National Assembly, possibly modified by one or more of the amendments agreed to by the Senate, are to be called. If either of these two Bills is rejected, the other shall immediately be put to the vote. If both are rejected, the Government or Member’s Bill shall stand definitively rejected.

4 If the Government has not asked the National Assembly to make a final decision within fifteen days after transmission of the Bill passed on further reading by the Senate, the House may resume consideration of the Bill in accordance with the first paragraph of Article 45 of the Constitution. Once consideration of the Bill has been resumed, the procedure set down in the fourth paragraph of Article 45 may no longer be applied.

 

Article 115

1 Any Government Bill passed by the National Assembly but which is not yet definitive shall be transmitted forthwith by the President of the National Assembly to the Government. If a Government Bill is rejected, the President shall notify the Government.

2 Any Member’s Bill passed by the National Assembly but which is not yet definitive shall be transmitted forthwith by the President of the Assembly to the President of the Senate. The Government shall be informed of this transmission. If a Member’s Bill transmitted from the Senate is rejected, the President of the Assembly shall inform the President of the Senate and the Government.

3 Where the National Assembly passes without amendment a Government or Member’s Bill passed by the Senate, the President of the National Assembly shall transmit the final instrument to the President of the Republic for promulgation through the Secretariat-General of the Government. The President of the Senate shall be informed of this transmission.

CHAPTER VII

Reconsideration of an Act upon the Request of the President of the Republic

Article 116

1 Where, by virtue of the second paragraph of Article 10 of the Constitution, the President of the Republic asks that an Act or some of its sections be reconsidered, the President of the National Assembly shall inform the House.

2 The President shall consult the House to establish whether it wishes to send the Act to a committee other than that to which it had been previously referred; if not, the Act shall be referred to the committee which had previously dealt with it.

3 The relevant committee shall decide within the time limit appointed by the House, which shall in no case exceed fifteen days. The Act shall be set down on the agenda of the House as provided for by article 48.

 

Provisions Common to Bills Governed by the Rules of Part Two

Article 117

In accordance with article 42, paragraph 2 of the Constitution, the plenary discussion of Constitutional Amendment Bills, Finance Bills and Social Security Financing Bills, shall concern, during the first reading before the House to which the Bill has been referred in the first instance, the text presented by the Government, and during the subsequent readings, the text transmitted by the other House.

Article 117-1

1 The committee rapporteurs must be appointed and their reports must be tabled, printed and made available within such a time that the National Assembly be able to proceed to a discussion of said Bills in accordance with the Constitution.

2 The reports recommend passing, rejection or amendments.

3 Only MPs who are members of the relevant committee may table amendments in committee.

4 Members of the Government do not take part in the committee votes.

Article 117-2

1 Each standing committee which decides to play a consultative role in the procedure concerning all or part of a Government Bill referred to another standing committee shall inform the President of the fact. This decision shall be published in the Journal official .

2 Where a Government Bill has been referred for consultation, the relevant committee shall appoint a rapporteur who has the right to participate, in a consultative capacity, in the proceedings of the lead committee. Similarly, the rapporteur of the lead committee has the right to participate, in a consultative capacity, in the proceedings of the consultative committee.

3 The consultative committees may meet before or after the lead committees. If need be, the rapporteurs of the consultative committees defend the amendments adopted by their committee in front of the lead committee.

4 The consultative opinions are tabled, printed and distributed. Failure to table or distribute such an opinion shall not be an obstacle to the discussion of the Bill as the committee which has decided to give its opinion can always give it orally on the day set for the discussion of the Bill.

Article 117-3

Constitutional Amendment Bills, Finance Bills and Social Security Financing Bills, shall not be subject to the simplified examination procedure set out in chapter V of the first part of this title.

CHAPTER IX

Discussion of Constitutional Amendments

 

Article 118

1 Constitutional amendments shall be examined, debated and voted upon according to the legislative procedure provided for by part one of the present title subject to the provisions of paragraph 2 to 5 of Article 89 of the Constitution and in the case of Government Bills of chapter VIII of this part. The procedure provided for by article 49, paragraph 5, of these Rules of Procedure shall not be applied to the examination of constitutional amendments.

2 Where the House adopts in identical terms a constitutional amendment Bill passed by the Senate, such a Bill shall be transmitted to the President of the Republic.

CHAPTER X

Discussion of Finance Acts

Article 119

1 Finance Bills shall be examined, debated and voted upon according to the legislative procedure provided for by part one of the present title subject to the specific provisions of the Constitution, of provisions of an institutional nature taken concerning their application and of the pertaining provisions of this part of the Rules of Procedure. The procedure provided for by article 49, paragraph 5, of these Rules of Procedure shall not be applied to the examination of finance Bills.

2 Amendments made by MPs to the missions set out in Part Two of the year’s Finance Bill and to articles relating thereto may, unless otherwise decided by the Conference of Presidents, be tabled no later than 1 pm on the eve of the day before such a mission is to be debated.

3 Amendments made by MPs to articles in Part Two of the year’s Finance Bill not connected with specific missions may, unless otherwise decided by the Conference of Presidents, be tabled no later than 1 pm on the eve of the day when they are to be debated .

4 After consideration of articles in Part One of the year’s Finance Bill and any rectifying Finance Bill, and before Part Two is considered, a second deliberation may be held on all or part of Part One as provided for by Article 101.

5 A vote shall be taken on the whole of Part One of the year’s Finance Bill and any rectifying Finance Bill in the same way as on an entire Government Bill. If the House fails to adopt Part One of the year’s Finance Bill or any rectifying Finance Bills, the entire Bill shall be deemed rejected.

6 If, in accordance with article 101, a second deliberation is held on all or part of the year’s Finance Bill or any rectifying Finance Bill before explanations of vote on the Bill in its entirety have begun, no amendments shall be made to the provisions of Part One other than those made necessary, for coordination purposes, by votes on articles in Part Two.

 

Article 120

1 In addition to the specifications provided for in the Institutional Act pertaining to Finance Acts, the manner in which debate on Part Two of the year’s Finance Bill shall proceed shall be determined by the Conference of Presidents. The latter shall in particular decide on the distribution of speaking time between groups and MPs not belonging to any group and also on the time allotted to committees and that distributed between debates.

2 The Conference of Presidents may decide that certain missions of Part Two of the year’s Finance Bill shall be examined, as a main issue without any vote being taken, during a joint meeting of the Finance, General Economy and Budgetary Monitoring Committee and any other committees whose opinion has been requested. This meeting shall be co-chaired by the chairmen of the committees involved and the minutes thereof shall be published in the Journal officiel after the full report of the proceedings of the sitting during which said mission was discussed.

3 The Conference of Presidents shall draw up the list of these enlarged committees and shall set the dates for their meetings which may take place at the same time as a plenary sitting.

 

Article 121

Additional clauses and amendments contrary to the provisions of the Institutional Act pertaining to Finance Acts shall be declared inadmissible as provided for in chapter III of part one of the present title.

 

CHAPTER XI

Discussion of Social Security Financing Acts

Article 121-1

Social security financing Bills shall be examined, debated and voted upon according to the legislative procedure provided for by part one of the present title subject to the specific provisions of the Constitution, of provisions of an institutional nature taken concerning their application and of the pertaining provisions of this part of the Rules of Procedure. The procedure provided for by article 49, paragraph 5, of these Rules of Procedure shall not be applied to the examination of finance Bills.

Article 121-2

Amendments inconsistent with the provisions of chapter 1bis of title 1 of Book 1 of the Social Security Code shall be declared inadmissible as provided for in chapter III of part one of the present title.

 

Article 121-3

1 After the examination of the articles of part of the Social Security Financing Bill and before proceeding to examine subsequent articles, a second deliberation may take place in accordance with the provisions set forth in article 101.

2 If, in accordance with article 101, a second deliberation on all or part of the Social Security Financing Bill is held before the beginning of explanations of vote on the whole of the text, no other amendments shall be allowed to the provisions of the other parts than those required for purposes of coordination with the votes cast on the last part thereof.

 

CHAPTER XII

Referendum Motions

Article 122

1 During debates on Government Bills dealing with a subject mentioned in Article 11, paragraph 1 of the Constitution, not more than one motion shall be proposed to submit the Bill to a referendum.

2 The said motion must be signed by at least one tenth of the members of the House. No condition or deferment may be attached to it, nor may it include any amendment to the Bill tabled by the Government.

3 The motion shall be debated immediately before the general debate on the Bill or, if the general debate has begun, once the motion has been tabled. The motion shall be called only if the signatories are actually in the Chamber at the time. It shall have precedence over any preliminary question, if need be.

4 The only speakers permitted during the debate shall be one of the signatories for a period not exceeding thirty minutes, the Government and the chairman or the rapporteur of the lead committee. Before the vote is taken, a speaker for each group shall be given leave to speak for two minutes.

5 If the motion is carried, debate on the Bill shall be suspended. The motion carried by the House shall be transmitted immediately to the Senate, together with the Bill to which it relates.

6 If the Senate fails to carry the motion within thirty days of transmission, debate on the Bill shall resume in the National Assembly at the point at which it was suspended. No further motion to propose a referendum shall then be admissible.

7 The time limit mentioned in the previous paragraph shall be suspended between ordinary sessions or where debate on the motion could not be set down on the agenda of the Senate because precedence had been given to other business under paragraphs 2 and 3 of Article 48 of the Constitution.

 

Article 123

1 Where a motion to submit to referendum a Bill before the House, is brought to the House from the Senate, the motion shall be referred immediately to a committee. It shall be included on the agenda for the opening of the next sitting subject, if need be, to the priorities provided for in article 48, paragraphs 2 and 3, of the Constitution.

2 The House shall decide within thirty days from transmission of the motion by the Senate. This time limit shall be suspended between ordinary sessions or where debate on the motion could not be set down on the agenda of the House because precedence had been given to other business under paragraphs 2 and 3 of Article 48 of the Constitution.

3 If the motion is carried, the President of the Assembly shall inform the President of the Senate. He shall notify the President of the Republic of the motion jointly carried by the two Houses. The motion shall be published in the Official Journal .

4 If the motion is rejected, the President of the Assembly shall inform the President of the Senate. The House shall then proceed to the remaining business on the agenda. No further motion to submit the Bill to a referendum shall be admissible before the House.

 

Article 124

Where the President of the Republic, acting on a proposal from the Government, decides to submit a Government Bill before the House to a referendum, debate on the Bill shall immediately be interrupted.

CHAPTER XIII

Procedures Pertaining to the Consultation of Voters of a Territorial Community Situated Overseas

Article 125

1 In accordance with the last paragraph of articles 72-4 or 73 of the Constitution, motions proposing that the President of the Republic shall consult the voters of a territorial community situated overseas shall be tabled, examined and debated following the procedure applicable on first reading to Members’ Bills, with the exception of those provisions of such Bills to which articles 34, 40 and 41 of the Constitution may be applied.

2 Where the House carries such a motion tabled by one or several MPs or modifies a motion transmitted by the Senate, the President of the Assembly shall immediately transmit it to the President of the Senate.

3 Where the House carries, without amendment, a motion transmitted by the Senate, the President of the Assembly shall inform the President of the Senate of this fact. He shall notify the President of the Republic of the text of the motion which has been jointly adopted by the two Houses. This text shall be published in the Official Journal .

4 When the Government makes a statement before the House based on articles 72-4 or 73 of the Constitution, prior to the organization overseas, upon its request, of a consultation dealing with a change provided for in Article 72-4, paragraph 1, or in Article 73, paragraph 7, of the Constitution, the Conference of Presidents shall organize the debate according to the conditions laid down in article 132, paragraphs 2 to 4, of the present Rules of Procedure. No vote whatsoever may take place.

CHAPTER XIV

Motions Pertaining to Membership Treaties of the European Union

Article 126

1 Government Bills authorizing the ratification of a treaty pertaining to the joining of the European Union by a State which are discussed in the Council of Ministers with the intention of being put to referendum, shall be transmitted to the House by the Government, printed and distributed.

2 During debates based on Article 85-5, paragraph 2 of the Constitution, not more than one motion shall be proposed to authorize the passing of the Government Bill according to the procedure laid down in article 89, paragraph 3. The said motion must be proposed within fifteen days of the transmission of the Bill to the House. It must be signed by at least one tenth of the members of the House. No condition or deferment may be attached to it, nor may it include any amendment to the Bill tabled by the Government.

3 This motion shall be referred to the Foreign Affairs Committee which shall make its report within fifteen days. The report shall propose either its adoption or its rejection. The motion shall be included on the agenda at the beginning of the following sitting, subject to the priorities set out in article 48, paragraphs 2 and 3, of the Constitution. The debate shall be organized by the Conference of Presidents according to the provisions of article 49, paragraphs 1 to 4, of the present Rules of Procedure. Before the vote, leave shall be granted to speak for five minutes to a speaker of each group.

4 Where the motion is adopted by the House with a three-fifths majority, it shall immediately be transmitted to the Senate.

5 Where a motion, which has been adopted by the Senate with a three-fifths majority, proposing the passing of a Government Bill authorizing the ratification, according to the procedure laid down in Article 89, paragraph 3, of the Constitution, of a treaty pertaining to the joining of the European Union by a State, is referred to the House, it is immediately sent to the Foreign Affairs Committee. The provisions laid down in the previous paragraphs for the examination of such a motion, are applicable.

6 If a motion transmitted by the Senate in the aforementioned conditions is carried by a three-fifths majority in the National Assembly, the President of the Assembly shall inform the President of the Senate. He shall notify the President of the Republic of the text of the motion. The motion shall be published in the Official Journal .

7 If the motion transmitted by the Senate is rejected or if it is passed with less than a three-fifths majority, the President of the Assembly shall inform the President of the Senate. No further motion proposing to authorize the passing of the Government Bill according to the procedure laid down in Article 89, paragraph 3, of the Constitution, shall be admissible before the House.

8 These time limits shall be suspended between ordinary sessions or where debate on the motion could not be set down on the agenda of the House because precedence had been given to other business under paragraphs 2 and 3 of Article 48 of the Constitution.

CHAPTER XV

Procedure for Debating Institutional Acts

Article 127

1 Government and Members’ Bills to amend an Institutional Act and Bills relating to matters designated institutional by the Constitution shall expressly state in their title that they are institutional. They shall contain no provisions that are not institutional in nature.

2 Government or Members’ Institutional Bills shall not be debated, on first reading, before the expiry of a period of six weeks after their tabling or a period of four weeks after their transmission. If the accelerated procedure has been implemented then only the first period, reduced to fifteen days, shall apply.

3 No amendment or additional article shall be tabled which would introduce non-institutional provisions into a Government or Members’ Bill.

4 No institutional provision shall be introduced into a Government or Members’ Bill which has not been tabled in the form specified in paragraph 1.

5 Government or Members’ Institutional Bills shall be considered, debated and put to the vote according to the ordinary legislative procedure, provided for by part one of the present title, subject to the third and fourth paragraphs of Article 46 of the Constitution and to the this article. The simplified examination procedure set out in chapter V of part one of this title shall not be used.

CHAPTER XVI

Treaties and International Agreements

Article 128

1 Where a Government Bill authorizing the ratification of a treaty or the approval of an international agreement not subject to ratification, is before the House, no vote shall be taken on the articles of such a Bill.

2 The House shall agree to, reject or adjourn the Bill. Paragraph 5 or 10 of article 91 shall apply. A motion to adjourn, reasons for which may be given, shall be called after the closure of the general debate; if the motion is carried, the Prime Minister shall be notified, and the consequences set forth in paragraph 7 of article 91 shall apply.

 

Article 129

1 Where the Constitutional Council has been asked under Article 54 of the Constitution to determine whether an international commitment contains an article contrary to the Constitution, the Government Bill authorizing its ratification or approval shall not be debated.

2 If the matter is referred to the Constitutional Council during the legislative procedure, this procedure shall be suspended.

3 Debate shall not be begun or resumed other than as provided for amendment of the Constitution until a statement by the Constitutional Council that the commitment contains no article contrary to the Constitution has been published in the Journal officiel .

CHAPTER XVII

Declaration of War, External Military Interventions and Martial Law

Article 131

1 The authorizations specified in Article 35, paragraphs 1 and 3 and Article 36, paragraph 2, of the Constitution shall only be granted, as far as the National Assembly is concerned, by means of a vote on an instrument emanating from the Government or on a Government statement which makes express reference to such articles.

2 In the debates organized in application of articles 35 and 36 of the Constitution, each group shall have, after the Government speeches and unless the Conference of Presidents decides otherwise, one hour of speaking time, if the debate concerns the application of article 35, paragraph 1 or article 36, paragraph 2, of the Constitution or thirty minutes if it concerns the application of article 35, paragraphs 2 and 3, of the Constitution. A speaking time of ten minutes shall be allotted to the first MP who is not a member of a group and who enrolls to speak in the debate. Enrollments requesting speaking time are made by the group chairmen who shall indicate to the President of the Assembly the order in which they wish the speakers to be called as well as the length of their speeches which can be no shorter than five minutes.

3 The information provided for in paragraph 2 of article 35 of the Constitution, may take the form of a statement which may or may not be followed by a debate organized according to the conditions mentioned in the previous paragraph.

4 No vote of any type whatsoever may take place following the debate organized in application of the previous paragraph. In the other cases, after the closure of the debate, unless the Conference of Presidents decides otherwise, leave may be given to speak for five minutes to a single speaker appointed by each group and to other speakers so that they may provide explanations of votes. Provisions concerning the closure of debates shall apply to such speeches.

5 No amendment may be tabled using the procedures provided for by this article.

CHAPTER I

Government Declarations

Article 132

1 The Government may make a declaration before the House on the basis of Article 50-1 of the Constitution, either upon its own initiative or, where applicable, at the request of a group. Such a declaration shall lead to a debate and may give rise to a vote if the Government so decides, without such a vote being made an issue of confidence.

2 The Conference of Presidents shall, for the debate ensuing from the declaration mentioned in the previous paragraph, set the overall speaking time allowed to groups and to MPs not belonging to any group. Half the total time allotted to groups shall be allowed to opposition groups. It shall then be shared between the opposition groups on the one hand and the other groups on the other hand, proportionally according to the number of their members. Each group shall have a minimum speaking time of ten minutes.

3 Enrollments for speaking time and the order of speeches shall take place in the conditions laid down by artcle 49, paragraphs 3 and 4 of the present Rules of Procedure.

4 The Government speaker shall be the last to have the floor in order to answer those who have spoken in the debate.

5 Where the Government has decided that the declaration shall lead to a vote, the Conference of Presidents may allow explanations of votes. In this case, leave to speak for five minutes may be given after the closure of the debate, to one speaker from each group.

6 The President shall put the Government declaration to the vote. The ballot shall take place in accordance with II of article 66.

7 The Government may also request to make a declaration without debate before the House. In this case, after the Government declaration, the President may allow a single speaker per group to reply. No vote whatsoever may take place.

CHAPTER II

Questions

Article 133

1 The Conference of Presidents shall determine the weekly sitting (s) which shall be given over, in accordance with Article 4, paragraph 6, of the Constitution, to MPs’ questions and to Government answers. This shall also apply during extraordinary sessions.

2 Each week, one half of the questions to be asked during the sitting (s) organized in application of the previous paragraph shall be asked by MPs of opposition groups.

3 Each group shall ask at least one question during every one of these sittings.

4 The first question to be asked shall, as of right, be given to an opposition or minority group or to an MP who does not belong to any group.

5 The Conference of Presidents shall determine the conditions according to which MPs belonging to no group may ask questions.

 

Article 134

1 In following the priorities laid down by Article 48 of the Constitution, the Conference of Presidents may organize, as it so wishes, sittings of oral questions without debate and may propose to give over one or several of the weekly sittings provided for by paragraph 4 of this same Article, to such questions.

2 Paragraphs 2, 3 and 5 of article 133 of these Rules of Procedure shall be applicable to the sittings determined according to the previous paragraph.

Article 135

1 M.P.s may ask written questions to a minister. Questions relating to the general policy of the Government shall be asked to the Prime Minister.

2 Written questions shall be drafted briefly and shall confine themselves to what is strictly essential to an understanding of what is being asked. They shall contain no personal allegation against other named persons.

3 Any M.P. wishing to ask a written question shall convey it to the President of the Assembly, who shall notify the Government.

4 Written questions shall be published, whether the House is in session or not, in the Journal officiel.

5 A minister’s answer must be published within one month of the publication of the question. This time limit shall not be interrupted.

6 However, ministers may, within this time limit, state in writing that it is not in the public interest for them to answer, or, by way of exception, ask for additional time of up to one month in which to gather the material needed for an answer.

7 Upon the expiry of the time limits mentioned in the two previous paragraphs, the chairmen of groups may draw attention to certain questions which have not been answered. This fact is mentioned in the Journal officiel. Ministers shall then be required to reply within ten days.

CHAPTER III

Resolutions in Respect of Article 34-1 of the Constitution

Article 136

1 Draft resolutions brought forward by MPs, or on behalf of a group by its chairman, in respect of Article 34-1 of the Constitution, shall be tabled before the House, recorded by the Office of the Presidency, printed and distributed.

2 The resolutions referred to in the previous paragraph shall be transmitted, upon their tabling, by the President to the Prime Minister.This tabling shall be announced in the Journal officiel .

3 Draft resolutions shall not be sent to committee. Their inclusion on the agenda shall be determined in accordance with the conditions set down by article 48 of these Rules of Procedure. Nonetheless, the President of the Assembly must be informed of requests for inclusion on the agenda made by group chairmen at least forty-eight hours before the meeting of the Conference of Presidents. When such information is transmitted to the President he shall immediately inform the Prime Minister.

4 The following may not be included on the agenda:

5 1 ° Draft resolutions tabled less than six clear days before;

6 2 ° Draft resolutions considered by the President as being on the same subject as a previous resolution included on the agenda during the same ordinary session;

7 3 ° Draft resolutions which the Government has already informed the President of the Assembly, before the current inclusion on the agenda, it considers inadmissible in respect of the second paragraph of Article 34-1 of the Constitution.

8 Such inadmissibility applied by the Government on the basis of Article 34-1, paragraph 2, of the Constitiution shall be announced in the Journal officiel .

9 No amendment shall be tabled on draft resolutions.

10 Draft resolutions adopted by the House shall be transmitted to the Government. They shall be published in the Official Journal .

CHAPTER IV

Committees of Inquiry

Article 137

Draft resolutions calling for the setting-up of a committee of inquiry shall be tabled before the House. They shall precisely set out the facts warranting the inquiry or shall specify the public services or entities whose management is to be investigated by the committee. They shall be examined and debated in the conditions laid down by the current Rules of Procedure.

Article 138

1 Any such draft resolution shall be inadmissible if it calls for the setting-up of a committee of inquiry having the same aim as a mission carried out according to the conditions provided for by article 145-1 or as a previous committee of inquiry if the work of either of the latter has not been completed for more than a year.

2 Such inadmissibility shall be declared by the President of the Assembly. In the case of doubt, the President shall rule after having consulted the Bureau of the House.

Article 139

1 Notice of the tabling of draft resolutions calling for the setting-up of a committee of inquiry shall be transmitted by the President of the Assembly to the Minister of Justice.

2 If the Minister of Justice declares that legal proceedings are in progress concerning the facts which are the basis for the tabling of the resolution, the latter may not be debated. If the debate has already begun, it shall be immediately interrupted.

3 Where a judicial investigation has been opened after the setting-up of the committee of inquiry, the President of the Assembly, having been appraised by the Minister of Justice, shall inform the chairman of the committee. The committee shall bring its proceedings to an immediate end.

Article 140

Draft resolutions calling for the setting-up of a committee of inquiry shall be referred to the relevant standing committee. The latter shall verify that the necessary conditions for the setting-up of a committee of inquiry have been met and shall decide on its advisability.

 

Article 140-1

(repealed )

 

Article 141

1 The setting-up of a committee of inquiry shall be the result of a favorable vote by the House on the draft resolution tabled.

2 Every opposition or minority group chairman may request, in the Conference of Presidents, once per ordinary session, with the exception of that preceding the renewal of the House, that a debate on a draft resolution calling for the setting-up of a committee of inquiry which fulfils the conditions of articles 137 to 139, be included automatically on the agenda of a sitting during the first week held in application of Article 48, paragraph 4, of the Constitution.

3 During debates organized on the basis of the preceding paragraph and unless otherwise decided by the Conference of Presidents, leave to speak shall be granted for a maximum of five minutes to a speaker from each group. Only those MPs who are against the setting-up of a committee of inquiry shall take part in the ballot. The request for the setting-up of a committee of inquiry shall be rejected if three-fifths of the members of the House vote against it.

Article 142

1 Committees of inquiry shall consist of no more than thirty members. Their members shall be appointed in accordance with article 25.

2 No MP shall be appointed to a committee of inquiry if a criminal or disciplinary penalty has been imposed upon him for breach of confidentiality in respect of the non-public proceedings of a committee appointed during the same term.

Article 142-1

(repealed )

Article 143

1 The bureaux of committees of inquiry shall consist of a chairman, four deputy chairmen and four secretaries. Every endeavor shall be made to ensure that appointments to the bureau reflect the political make-up of the House and represent all of its members.

2 The position of chairman or rapporteur shall be exercised as of right by a member of an opposition group.

3 The above rule shall not apply where the committee of inquiry has been set-up on the basis of the second paragraph of article 141. In this case the position of chairman or rapporteur shall be exercised as of right by a member of the group which has made the request.

3 The members of the bureau of a committee of inquiry and the rapporteur , if any, shall be appointed in accordance with Article 39.

 

Article 144

(provisions declared contrary to the Constitution )

Article 144-1

 

Save where a committee of inquiry has decided, in accordance with section 6 (IV, last paragraph) of Ordinance 58-1100 of November 17, 1958 on the functioning of the parliamentary assemblies, that its proceedings are to be secret, they may be televised .

 

Article 144-2

1 Upon expiry of the six-month time limit set by the last paragraph of section 6 (I) of Ordinance 58-1100 of November 17, 1958, if the committee has not reported, its chairman shall deliver the papers in his possession to the President of the National Assembly. Such papers shall be neither published nor debated.

2 The report of a committee of inquiry shall be delivered to the President of the Assembly. The fact that the report has been tabled shall be published in the Journal officiel . Unless the House sitting in camera in accordance with article 51 decides otherwise, the report shall be printed and distributed. It may be debated without vote in plenary sitting.

3 A request that the House sit in camera for the purpose of deciding by special vote not to authorize publication of the report in whole or in part shall be made within five clear days after publication in the Journal officiel of the fact that the report has been tabled.

CHAPTER V

The Role of Standing or Ad-hoc Committees in Providing Information

Article 145

1 Subject to the provisions concerning them in title II, standing committees shall keep the House informed so that it can exercise its function of monitoring the policy of the Government.

2 For this purpose, they may entrust one or more of their members with a temporary fact-finding mission concerning, notably, the enforcement of an item of legislation. Such fact-finding missions may be common to a number of committees.

3 If a mission is composed of two MPs, then one must be a member of an opposition group. If a mission is composed of more than two members, every endeavor should be made to ensure that it reflects the political make-up of the House.

4 Fact-finding missions may also be set up by the Conference of Presidents on a proposal from the President of the Assembly. The bureau of such missions shall be set up according to the provisions of article 143, paragraphs 1 and 4. The position of chairman or rapporteur shall be exercised as of right by a member of an opposition group if these functions are not carried out by the same person.

5 The public nature of the work carried out by fact-finding missions shall be decided by the bureau of the committee which sets them up.

6 A report by a fact-finding mission may give rise to a debate without vote or to a sitting with questions.

 

Article 145-1

1 An application made by a standing or ad-hoc committee pursuant to section 5 ter of Ordinance 58-1100 of November 17, 1958 shall be addressed by its chairman to the President of the Assembly.

 

2 It shall state precisely the purpose of the mission in respect of which the prerogatives granted to committees of inquiry are requested.

 

Article 145-2

1 The President of the Assembly shall immediately notify the Minister of Justice of any such application.

2 If the Minister of Justice declares that legal proceedings are in progress concerning the facts which are the basis for the presentation of the application, the President of the Assembly shall inform the chairman of the committee which made the application.

 

Article 145-3

1 Applications shall be posted immediately on the noticeboard and transmitted to the Government and to the chairmen of groups and committees.

2 An application shall stand approved if the President of the Assembly has received no objection from the Government, the chairman of a committee or the chairman of a group before the second sitting after posting.

3 If an objection has been made in accordance with paragraph 2, a debate on the application shall automatically be set down for the end of the first sitting held in accordance with paragraph 1 of article 50 following the announcement of the objection to the House. Only the Government and, for not longer than five minutes, the author of the objection and the chairman of the committee that made the application, may take part in the debate.

 

Article 145-4

Where the Minister of Justice makes it known after the approval of an application that a judicial investigation has been opened concerning facts constituting the grounds on which the application was made, the President of the Assembly shall inform the chairman of the relevant committee. The committee shall immediately bring its mission to an end if it relates only to the facts in respect of which the investigation has been opened.

 

Article 145-5

The provisions of articles 144, 144-1 and 144-2 shall apply to the proceedings of committees exercising the prerogatives granted to committees of inquiry.

 

Article 145-6

The provisions of article 138 shall apply to missions as provided for by article 145-1.

Article 145-7

1 At the end of a period of six months following the coming into force of an Act whose implementation requires the publication of regulatory texts and without prejudice to the possibility offered by article 45, paragraph 2, two MPs, one of whom must belong to an opposition group and one of whom must automatically be the rapporteur , shall present to the relevant committee a report on the implementation of the said Act. This report shall describe the regulations which have been published and the decrees which have been issued in order to implement the Act, as well as the provisions which have not been subject to the necessary implementation instruments. In such a case the rapporteurs shall appear once again before the committee at the end of a second period of six months.

2 A report on the implementation of statutes may give rise to a debate without vote or to a sitting with questions.

Article 145-8

1 At the end of a period of six months following the publication of a report by a committee of inquiry or a fact-finding mission, the member of the relevant standing committee appointed to do so, shall present a report to the committee on the implementation of the conclusions of the said committee of inquiry or fact-finding mission.

2 A report on the implementation of the conclusions of a committee of inquiry or a fact-finding mission may give rise to a debate without vote or to a sitting with questions.

CHAPTER VI

Budgetary Monitoring

Article 146 8

1 Papers and information liable to facilitate monitoring of the budgets of government departments or audit of the accounts of state-owned companies and semi-public corporations shall be communicated by the competent authorities to the special rapporteur of the Finance, General Economy and Budgetary Monitoring Committee in charge of the budget of the relevant government department or of the department responsible for the state-owned company or semi-public corporation concerned.

2 The special rapporteur may ask the Finance, General Economy and Budgetary Monitoring Committee to assign one of its members to assist him in this task. He shall communicate papers referred to him to the rapporteurs appointed by other standing committees to which the same budget has been referred for an opinion.

3 Work carried out by rapporteurs may be used for committee reports on the Finance Act and the Settlement Act. It may also be the subject of information reports made by special rapporteurs of the Finance, General Economy and Budgetary Monitoring Committee. An information report produced by a special rapporteur may give rise to a debate without vote or to a sitting with questions.

4 Every endeavor shall be made to ensure that appointments of special rapporteurs and consultative rapporteurs reflect the political make-up of the House.

Article 146-1

1 The annual report of the Court of Auditors shall be presented to the House by the First President of the Court.

2 A debate organized by the Conference of Presidents may follow the annual report of the Court of Auditors.

CHAPTER VII

The Commission for the Assessment and Monitoring of Public Policies

Article 146-1

1 A Commission for the Assessment and Monitoring of Public Policies shall be set up:

2 The following shall be ex officio members of the commission:

3 – the President of the Assembly who shall chair it;

4 – the chairmen of the standing committees and the Chairman of the European Affairs Committee, who may all be substituted by a member of the bureau of the committee;

5 – the General Rapporteur of the Finance, General Economy and Budgetary Monitoring Committee;

6 – the MP who is Chairman or the First Deputy Chairman of The Parliamentary Office for Scientific and Technological Assessment ;

7 – the Chairman of the Parliamentary Commission for Women’s Rights and Equal Opportunities Between Men and Women;

8 – the chairmen of groups who may be replaced by substitutes.

9 The commission shall also be composed of fifteen MPs appointed by the groups in accordance with the procedure set down in article 37. Every endeavor shall be made to ensure that the overall composition of the commissionreflects the political make-up of the House.

10 The bureau of the commission shall include, in addition to the President of the Assembly and the chairmen of groups, four deputy chairmen, of whom one shall belong to an opposition group and four secretaries appointed from among its members.

11 Voting in the commission shall take place according to the rules defined in article 44.

12 The bureau shall be in charge of ensuring the public nature of the proceedings of the commission. Every meeting shall give rise to a written report which shall be made public.

13 The commission shall set down its own internal rules.

Article 146-3

1 The Commission for the Assessment and Monitoring of Public Policies, upon its own initiative or upon the request of a standing committee, shall carry out assessments on public policies whose scope goes beyond the remit of a single standing committee.

2 The committee shall determine the program of its work each year. This program shall, in particular, set down the number of projected assessments to be carried out. Each group shall automatically be granted, once per ordinary session, the right to have an assessment report carried out within the remit of the commission as is laid down in the preceding paragraph.

3 Each committee concerned by the subject of an assessment study shall appoint one or several of its members to participate in the study. The commission shall appoint two rapporteurs amongst the aforementioned committee members or amongst its own members, one of whom shall belong to an opposition group.

4 In order to carry out such assessments, the rapporteurs may also enlist the help of experts from outside the House.

5 The mission of the rapporteurs shall be of a temporary nature and shall be concluded at the end of a period of twelve months after their appointment.

6 The report shall be presented to the commission by the rapporteurs .

7 The recommendations of the commission shall be transmitted to the Government. Ministers’ replies shall be provided within three months and shall be debated during the week provided for by Article 48, paragraph 4, of the Constitution.

8 At the end of a six-month period after the publication of the report, the rapporteurs shall present to the commission a follow-up report on the implementation of its conclusions.

 

Article 146-4

The conclusions of the reports of the fact-finding missions set up in accordance with chapter V of this first part, or of the information reports provided for by article 146, paragraph 3, shall be communicated to the Commission for the Assessment and Monitoring of Public Policies as soon as the publication of the report has been decided upon. They may be presented to it by the rapporteur (s) .

Article 146-5

Documents which report on the impact study and which are attached to a Bill tabled by the Government may be referred to the Commission for the Assessment and Monitoring of Public Policies for its opinion. The request must come from the chairman of the lead committee on the Bill or from the President of the Assembly. The opinion of the commission shall be communicated as quickly as possible to the relevant committee and to the Conference of Presidents.

Article 146-6 9

The preliminary assessment of a Member’s amendment or of an amendment by the lead committee, requested in accordance with article 98-1, shall be carried out by the Commission for the Assessment and Monitoring of Public Policies.

Article 146-7

The Commission for the Assessment and Monitoring of Public Policies may make proposals to the Conference of Presidents concerning the agenda for the week provided for by Article 48, paragraph 4, of the Constitution. It may, in particular, proposes the organization in plenary sitting, of debates without votes or sittings with questions on the conclusions of its reports or on those of the reports of fact-finding missions set up in application of chapter V of this present part or on information reports as provided for by article 146, paragraph 3.

CHAPTER VIII

Petitions

Article 147

1 Petitions shall be addressed to the President of the Assembly. They may also be presented by any MP, who shall make and sign in the margin a note of the presentation.

2 No petition brought or transmitted by a gathering on the public highway shall be received by the President or laid upon the table.

3 Every petition shall specify the place of the petitioner’s residence and shall bear his signature.

 

Article 148

1 Petitions shall be entered on a general list in the order in which they are received. All petitioners shall be notified of the serial numbers of their petitions.

2 The President of the National Assembly shall refer petitions to the competent committee to consider them by virtue of article 36. The committee shall appoint a rapporteur .

3 After hearing the recommendations of the rapporteur the committee shall decide, case by case, simply to take no further action on the petition, or to refer it to another standing committee of the House or to a minister, or to submit it to the House . Each petitioner shall be notified of the committee’s decision concerning his petition.

4 Where a petition is referred to another standing committee of the House, that committee may decide simply to take no further action on it, or to refer it to a minister, or to submit it to the House. Each petitioner shall be notified of the committee’s decision concerning his petition.

5 The minister’s reply shall be communicated to the petitioner. If the minister has not replied within three months to a petition referred to him by a committee, the committee may decide to submit the petition to the House.

6 Where a committee decides, under paragraph 3, 4 or 5, to submit a petition to the House, it shall lay upon the table a report reproducing the full text of the petition; the report shall be printed and distributed.

 

Article 149

1 A bulletin summarizing petitions and the relevant decisions shall be distributed periodically to members of the House.

2 Within eight days of the distribution of a bulletin publishing a committee’s decision to take no further action on a petition or to refer it to a minister or another committee, any MP may request the President to submit the petition to the House; any such request shall be transmitted to the Conference of Presidents, which shall decide.

3 After this time has elapsed, or if the Conference of Presidents refuses the request, the committee’s decision shall stand confirmed and shall be published in the Journal officiel .

4 If the Conference of Presidents grants the request, the report on the petition which has been published in the bulletin shall be tabled, printed and distributed; the report shall reproduce the full text of the petition.

 

Article 150

Reports tabled in accordance with paragraph 6 of article 148 or paragraph 4 of article 149 may be set down on the agenda of the House according to the rules and with the reserves provided for in article 48.

 

Article 151

1 Debate in plenary sitting on reports presented in accordance with paragraph 6 of article 148 or paragraph 4 of article 149 shall begin with the speech of the committee’s rapporteur .

2 The floor shall then be given to the MP, if any, who presented the petition under paragraph 1 of article 147, and then to the MP who requested that it be submitted to the House.

3 Having regard to the list of MPs enrolled to speak in the debate, the President shall determine for how long each MP may speak.

4 The Government shall be given leave to speak whenever it seeks it.

5 After the last speaker, the President shall proceed to the remaining business on the agenda.

CHAPTER IX

European Affairs

Article 151-1

1 A committee in charge of European affairs shall be set up in accordance with article 88-4 of the Constitution. This committee shall follow, in the conditions laid down by the present chapter, the work carried out by European institutions. It shall be called the European Affairs Committee.

2 The European Affairs Committee shall be made up of forty-eight members appointed according to the procedure set down in article 25, to ensure that appointments to the committee reflect the proportional representation of the political groups and a balanced representation of the standing committees.

3 The members of the European Affairs Committee shall be appointed at the beginning of the term of Parliament and are so-appointed for the entire term.

4 At the beginning of the term of Parliament, the European Affairs Committee shall be convened by the President of the Assembly in order to appoint it bureau , which shall include, in addition to the chairman, four deputy chairmen and four secretaries. The bureau shall be elected in accordance with the procedure set down in article 39, paragraphs 4 and 5. The chairmanship of this committee may not be combined with the chairmanship of a standing committee.

5 Summonses, votes, appearances by members of the Government and the public nature of the committee’s proceedings shall be organized according to the rules set down in chapter X of title I.

6 The European Affairs Committee may invite French Members of the European Parliament to take part, in a consultative role, in its proceedings.

Article 151-1-1

The European Affairs Committee may, upon its own initiative or upon the request of a lead standing committee or an ad-hoc committee to which a Government or Member’s Bill concerning a field covered by the activity of the European Union has been referred, make observations on any provision of the said Government or Member’s Bill.

Article 151-2

1 Notice of the transmission of drafts or proposals for Community and European Union instruments submitted to the House by the Government in accordance with Article 88-4 of the Constitution, shall be given in the Journal officiel .

2 The drafts and proposals mentioned in the first paragraph shall be printed and distributed. They shall be examined by the European Affairs Committee, which shall transmit its analysis, with or without recommendations, to committees, upon its own initiative or upon their request. It may present an information report recommending, if it thinks fit, that a draft resolution be tabled.

3 The European Affairs Committee may table an information report on any document issued by a European Union institution and this may, if it thinks fit, lead to the tabling of a draft resolution.

 

 

Article 151-3

1 Within eight clear days of the distribution of the report of the lead committee recommending that a draft resolution should be carried, the Government, the chairman of a group, the chairman of a standing committee or the Chairman of the Delegation of the National Assembly for the European Union may ask the President of the National Assembly to include the resolution on the agenda. Where such a request is made by the chairman of a group, the motion shall by right be included on the supplementary agenda.

2 If the request is not made within the time limit set by paragraph 1, if the Conference of Presidents at its weekly meeting following the expiry of the time limit does not propose that the motion be included on the agenda or if the House does not so decide, the resolution adopted by the committee and transmitted to the President by its chairman shall be considered final.

3 The same request may be made within the same time limit where the committee recommends that the motion before it should be rejected. If it is decided to include the matter on the agenda, paragraph 2 of article 94 shall apply.

4 If the House decides to include the matter on the agenda, amendments may be moved within four working days after it has been set down.

5 Resolutions adopted by the House or considered final shall be transmitted to the Government. They shall be published in the Official Journal .

 

Article 151-3 10

Notice of the transmission of drafts of European legislative Acts by the institutions of the European Union, in accordance with article 4 of the protocol on the application of the principles of subsidiarity and proportionality annexed to the Treaty on Eurpean Union and to the Treaty on the Functioning of the European Union, shall be given in the Official Journal .

Article 151-4

1 Draft resolutions tabled on the basis of Article 88-4 of the Constitution, shall be presented, examined and debated, subject to the provisions of the present chapter, according to the procedure which is applicable on first reading to Members’ Bills, except for provisions dealing with the application to such Bills of Articles 34, 40 and 41 as well as Article 42, paragraph 3, of the Constitution.

2 Draft resolutions shall bear the references of the documents originating from the institutions of the European Union on which they are based.

Article 151-5

European draft resolutions, other than those presented on the basis of article 151-2, paragraphs 2 or 3, shall be referred for preliminary consideration to the European Affairs Committee. Where the Government, the chairman of a standing committee or the chairman of a group so requests, the committee shall table its report within one month of such a request being made. The report shall propose either the rejection or the adoption of the draft resolution with possible amendments. The draft resolution which has been adopted by the European Affairs Committee or, where applicable, the original text, shall be referred to the relevant standing committee.

Article 151-6

1 Draft resolutions shall be considered by the lead standing committee. It shall make a decision on the basis of the text adopted by the European Affairs Committee or, where applicable, on the text of the draft resolution.

2 If, within a period of one month following the tabling of a draft resolution based on article 151-2, paragraphs 2 or 3, or of the report provided for in article 151-5, the lead standing committee has not tabled its report, the text of the European Affairs Committee shall be taken as adopted by the lead standing committee.

3 The rapporteur of the European Affairs Committee shall take part in the proceedings of the lead committee.

Article 151-7

1 Within fifteen clear days of the text adopted or taken as adopted by the lead committee being made available electronically, the Conference of Presidents, upon a referral by the Government, a group chairman, the chairman of a standing committee or the Chairman of the European Affairs Committee, may propose to the House to include a draft resolution on its agenda. If no request is submitted to the Conference of Presidents or if the Conference rejects the request or does not rule on the request before the expiry of the aforementioned period of fifteen clear days, the text adopted or taken as adopted by the lead standing committee shall be considered as final.

2 Where the lead standing committee has rejected the resolution referred to it and if inclusion on the agenda has been decided, then the House shall vote on the conclusions of the rejection. If these conclusions are not adopted, a debate shall ensue on the articles of the resolution or, if there are several resolutions, on the first one tabled.

3 If the House decides on inclusion on the agenda, amendments may be tabled according to the conditions laid down in article 99.

4 Resolutions adopted by the House or considered as final shall be transmitted to the Government. They shall be published in the Journal official .

Article 151-8

Information communicated by the Government on the follow-up to the resolutions adopted by the House shall be transmitted to the relevant standing committees and to the European Affairs Committee.

Article 151-9 11

1 Draft resolutions tabled on the basis of Article 88-6 of the Constitution, shall be presented, examined and debated, subject to the provisions of the present article and to article 151-10 of the present Rules of Procedure, according to the procedure applicable to draft resolutions tabled on the basis of Article 88-4 of the Constitution.

2 Draft resolutions containing a reasoned opinion as to the conformity of a draft proposal for a European Act with the principle of subsidiarity and those instituting proceedings before the Court of Justice of the European Union for non-compliance with the principle of subsidiarity, tabled on the basis of Article 88-6 of the Constitution, shall be admissible within a period of eight weeks as of, respectively, the transmission of the draft proposal for a European Act in the official languages ​​of the Union or of the publication of the European Act upon which such draft resolutions are based. The examination procedure shall be interrupted upon the expiry of this time period.

3 For the examination of such draft resolutions, the time period mentioned in article 151-5 and article 151-6, paragraph 2, of the present Rules of Procedure, shall be reduced to fifteen clear days.

Article 151-10 12

The President of the Assembly shall transmit to the Presidents of the European Parliament, of the Council of the European Union and of the European Commission, the resolutions containing a reasoned opinion as to the conformity of a draft proposal for a European Act with the principle of subsidiarity which have been adopted by the House or are considered as final. He shall inform the Government of this fact.

Article 151-11 13

The President of the Assembly shall transmit to the Government, for the purposes of referral to the Court of Justice of the European Union, any application concerning a European Act for non-compliance with the principle of subsidiarity which has been lodged by at least sixty MPs within two months of the publication of the Act. If the case applies, the examination of draft resolutions concerning the same Act shall be interrupted.

Article 151-12 14

1 The transmission of the initiatives referred to in the penultimate subparagraph of paragraph 7 of article 48 of the Treaty on European Union or draft decisions referred to in the second subparagraph of paragraph 3 of article 81 of the Treaty on the Functioning of the European Union, as they result from the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed on December 13, 2007, shall be published in the Journal officiel.

2 The documents mentioned in the first paragraph shall be printed and distributed. They shall be examined by the European Affairs Committee which may transmit its analysis, with or without recommendations, to the standing committees, or may table an information report.

3 Only one motion, based on Article 88-7 of the Constitution, in opposition to the proposed modification of the rules governing the passing of Acts of the European Union, may be tabled before the House. This motion must contain the reference of the initiative or of the draft decision to which it is opposed and may not be linked to any condition or deferment. No amendment to it may be tabled. It must be signed by at least one tenth of the members of the House and must be tabled within six months of the transmission referred to in the first paragraph of the present article. The examination procedure shall be interrupted upon the expiry of this time limit.

4 This motion shall be referred to the relevant standing committee which shall deliver its report within one month. The report shall recommend either the adoption or the rejection of the motion.

5 The motion shall be included on the agenda for the opening of the earliest sitting, subject to the priorities set down in Article 48, paragraphs 2 and 3 of the Constitution. The debate shall be organized by the Conference of Presidents in accordance with the conditions laid down by article 49, paragraphs 1 to 4 of the present Rules of Procedure. Before the vote, leave shall be given to speak for five minutes to one speaker per group.

6 Where the motion is adopted by the House it shall be immediately transmitted to the Senate.

7 Where a motion in opposition to the modification of the rules governing the passing of Acts of the European Union is referred to the House by the Senate, it shall be immediately sent to the relevant standing committee. The provisions set down in the previous paragraphs concerning the examination of such a motion shall apply.

8 If such a motion transmitted by the Senate is adopted by the House, the President of the Assembly shall inform the President of the Senate. He shall transmit the text of a motion opposing an initiative referred to in the penultimate subparagraph of paragraph 7 of article 48 of the Treaty on European Union to the President of the European Council and the text of a motion opposing a draft decision referred to in the second subparagraph of paragraph 3 of article 81 of the Treaty on the Functioning of the European Union to the President of the Council of the European Union and shall inform the Government of this fact. This text shall be published in the Official Journal .

9 If the motion transmitted by the Senate is rejected, the President of the Assembly shall inform the President of the Senate. No further motion opposing the same initiative or draft decision shall be admissible before the House.

10 The time limit referred to in paragraph 4 shall be suspended between ordinary sessions or where the inclusion on the agenda of the debate on the motion has been prevented by the implementation of the priorities provided for in Article 48, paragraphs 2 and 3, of the Constitution.

CHAPTER X

Debate on the Government’s Program or on a Statement of General Policy by the Government

Article 152

1 Where, under the first paragraph of Article 49 of the Constitution, the Prime Minister makes the Government’s program or a statement of its general policy an issue of a vote of confidence, the Conference of Presidents shall organize the debate in the manner provided for by article 132, paragraphs 2 to 4.

2 After the closure of the debate, the floor may be given for an explanation of vote lasting fifteen minutes to a speaker appointed by each group and five minutes to other speakers. The provisions relating to the closure shall apply to the latter.

3 The President shall put the approval of the Government’s program or statement to the vote. The ballot shall take place in accordance with article 66, paragraph 5 II.

4 An absolute majority of votes cast shall be required.

CHAPTER XI

Motions of No-Confidence and Interpellations

Article 153

1 A motion of no-confidence shall be tabled by delivering to the President of the Assembly a document entitled “Motion no-confidence” together with a list of signatures of at least one tenth of the members of the House. The tenth of members shall be calculated by reference to the number of seats actually filled; if the calculation results in a fraction, the number shall be rounded up.

2 No MP shall sign more than one motion of no-confidence at a time.

3 Reasons may be given for motions of no-confidence.

4 Once a motion of no-confidence has been tabled, no signature shall be withdrawn or added. The President shall notify the Government of the motion, shall have it posted on the noticeboard and shall inform the House at its earliest sitting. The definitive list of signatures shall be published in the report of the sitting.

 

Article 154

1 The Conference of Presidents shall determine the date on which motions of no-confidence are to be debated, the date to be not later than the third sitting day after the expiry of the constitutional time limit of forty-eight hours subsequent to the tabling of the motion.

2 The debate shall be organized in the manner provided for by article 132, paragraphs 2 to 4. If more than one motion has been tabled, the Conference may decide that they will be debated together, provided that each will be put to the vote separately .

3 No motion of no-confidence shall be withdrawn once debate has begun. Once the debate has begun, it shall continue until the motion is voted upon.

4 After the general debate, the floor may be given for an explanation of vote lasting fifteen minutes to a speaker appointed by each group and five minutes to other speakers. The provisions relating to the closure shall apply to the latter.

5 No amendment to a motion of no-confidence shall be moved.

6 Only MPs in favor of the motion of no-confidence shall take part in the ballot, which shall take place as provided in paragraph 5 II of Article 66.

 

Article 155

1 Where, in accordance with the third paragraph of Article 49 of the Constitution, the Prime Minister makes the passing of a Bill an issue of a vote of confidence, debate shall immediately be suspended for twenty-four hours.

2 Within this time limit a motion of no-confidence in accordance with Article 153 may be delivered to the President of the National Assembly. The wording of the motion shall refer to the third paragraph of Article 49 of the Constitution. The motion shall immediately be posted on the noticeboard.

3 The President of the National Assembly shall take note of any motion of no-confidence tabled within the time limit set. He shall notify the Government. Otherwise, the President shall take note that the Bill has been passed upon the expiry of the time limit. He shall inform the Government.

4 The President shall inform the House immediately or at the beginning of the following sitting.

5 A motion as referred to in paragraph 2 shall be included on the agenda, debated and put to the vote as provided for in this chapter.

 

Article 156

1 An MP who wishes to interpellate the Government shall inform the President of the Assembly during a plenary sitting, appending to his application a motion of no-confidence satisfying the criteria set out in Article 153.

2 The notice, posting, inclusion on the agenda, debate and voting of the motion of no-confidence shall take place in the manner provided for by articles 153 and 154. The interpellant shall have precedence in taking the floor during the debate.

PART THREE – THE HIGH COURT AND THE COURT OF JUSTICE OF THE REPUBLIC

CHAPTER XII

The High Court

Article 157

Parliament sitting as the High Court shall proclaim the removal from office of the President of the Republic in the conditions laid down by Article 68 of the Constitution and by the Institutional Act to which it refers.

Article 157-1

(repealed)

CHAPTER XIII

The Court of Justice of the Republic

Article 158

1 At the beginning of the term of Parliament, the House shall elect six principal judges and six substitute judges to the Court of Justice of the Republic.

2 The election shall be held by a plurinominal, secret ballot.

3 The name of each substitute candidate shall be associated with the name of a principal candidate.

4 The provisions of article 26 concerning the filing of candidacies, the distribution of ballots and the validity of votes shall apply to this election.

5 At each round of the ballot, in the order of the number of votes received, the candidates obtaining a number at least equal to the absolute majority of ballots cast shall be deemed elected. There shall be as many rounds of voting as is necessary until all the seats have been filled. Only votes for the same principal candidate and substitute shall be counted together.

6 In the case of a tie for the last seats to be filled, the candidates shall be deemed elected according to the order of the age of the principal candidates, beginning by the oldest until all the seats have been filled.

 

Article 159

1 The parliamentary allowance set down by section 2 of Ordinance 58-1210 of December 13, 1958 (Institutional Act on the Remuneration of Members of Parliament) shall be payable monthly, calculated on an annual basis, irrespective of the duration of sessions, to all MPs regularly participating in the proceedings of the House.

2 MPs may ask to be excused attendance at specific sittings. Requests shall be made in writing, stating reasons, to the President.

3 Account being taken of cases where proxies have been made in accordance with Ordinance 58-1066 of November 7, 1958, of votes on motions of no-confidence and of excuses made under the preceding paragraph, an MP who has taken part, in the course of a session, in less than two thirds of public ballots held under 3 ° of article 65 or under article 65-1 shall forfeit one third of the parliamentary allowance for a period equal to the duration of the session; if the same MP has taken part in less than half of the ballots this forfeit shall be doubled.

 

Article 160

1 Insignia may be worn by MPs when they are traveling on official business, at public ceremonies or in any other circumstances where their status needs to be made known.

2 The form of such insignia shall be determined by the Bureau of the House.

 

Articles 161 to 164

(repealed)

© National Assembly

 


1 Translator’s Note: The term ‘House’ has been generally used here to translate the French term ‘Assemblée’ unless specific reference is made in the original French document to ‘Assemblée nationale’ in which case ‘National Assembly’ has been preferred in the English . Thus, given that these Rules of Procedure refer to the lower Chamber of the French Parliament, the use of the word ‘House’ will almost always refer to the ‘National Assembly’ except when reference is made to the two Chambers together.

However the President / Speaker of the House is referred to by his title as ‘President of the (National) Assembly’

2 See warning

3 See warning

4 See warning

5 See Warning

6 See warning

7 See warning.

8 See warning

9 See warning

10 See warning

11 See warning

12 See warning

13 See warning

14 See warning

Categories: Law of France

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