Excerpts from the Constitution of the Fifth French Republic

TITLE II‑‑THE PRESIDENT OF THE REPUBLIC

Article 5. The President of the Republic shall see that the Constitution is respected. He shall ensure, by his arbitration, the regular functioning of the governmental authorities, as well as the continuity of the State.

He shall be the guarantor of national independence, of the integrity of the territory, and of respect for Community agreements and treaties.

Article 6. The President of the Republic shall be elected for seven years by direct universal suffrage.

Article 7. The President of the Republic shall be elected by an absolute majority of the votes cast. If no such majority obtains on the first ballot, a second ballot shall take place on the second Sunday following the first ballot. Then only the two candidates who have received the greatest number of votes on the first ballot, after taking into account, if need be, better placed candidates who have withdrawn, may

present themselves.

Article 8. The President of the Republic shall appoint the Prime Minister. He shall terminate the functions of the Prime Minister when the latter presents the resignation of the Government.

On the proposal of the Prime Minister, he shall appoint and dismiss the other members of the Government.

Article 9. The President of the Republic shall preside over the Council of Ministers.

Article 11. The President of the Republic, on the proposal of the Government during Parliamentary sessions, or on joint motion of the two Assemblies, published in the Journal Officiel, may submit to a referendum any bill dealing with the organization of the public authorities, entailing approval of a Community agreement, or authorizing the ratification of a treaty that, without being contrary to the Constitution, might affect the functioning of the institutions.

Article 12. The President of the Republic may, after consultation with the Prime Minister and the Presidents of the Assemblies, declare the dissolution of the National Assembly.

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

There may be no further dissolution within a year following these elections.

Article 15. The President of the Republic shall be commander of the armed forces. He shall preside over the higher councils and committees of national defense.

Article 16. When the institutions of the Republic, the independence of the Nation, the integrity of its territory, or the fulfillment of its international commitments are threatened in a grave and immediate manner and when the regular functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances, after official consultation with the Prime Minister, the Presidents of the Assemblies, and the Constitutional Council.

He shall inform the nation of these measures by message.

These measures must be inspired by the desire to ensure to the constitutional public authorities, in the shortest possible time, the means of fulfilling their assigned functions. The Constitutional Council shall be consulted about such measures.

Parliament shall meet by right.

The National Assembly may not be dissolved during the exercise of emergency powers [by the President].

TITLE III‑‑THE GOVERNMENT

Article 20. The Government shall determine and direct the policy of the nation. It shall have at its disposal the administration and the armed forces.

It shall be responsible to Parliament under the conditions and according to the procedures stipulated in Articles 49 and 50.

Article 21. The Prime Minister shall direct the operation of the Government. He shall be responsible for national defense. He shall ensure the execution of the laws. Subject to the provisions of Article 13, he shall have regulatory powers and shall make appointments to civil and military posts.

He may delegate certain of his powers to the ministers.

He shall replace, should the occasion arise, the President of the Republic as chairman of the councils and committees provided for under Article 15.

He may, in exceptional instances, replace him as chairman of a meeting of the Council of Ministers by virtue of an explicit delegation for a specific agenda.

Article 23. Membership in the Government shall be incompatible with the exercise of any Parliamentary mandate; with the holding of any office at the national level in business, professional, or labor organizations; and with any public employment or professional activity.

TITLE V‑‑RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT

Article 40. Bills and amendments introduced by members of Parliament shall not be considered when their adoption would have as a consequence either a diminution of public revenues, or the creation or increase of public expenditures.

Article 44. Members of Parliament and of the Government shall have the right of amendment.

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

If the Government so requests, the assembly concerned shall decide, by a single vote, on all or part of the bill under discussion, retaining only the amendments proposed or accepted by the Government.

Article 47. Parliament shall pass finance bills under conditions to be stipulated by an organic law.

Should Parliament fail to reach a decision within a time limit of seventy days, the provisions of the bill may be put into effect by ordinance.

Article 48. The discussion of the bills submitted or agreed upon by the Government shall have priority on the agenda of the assemblies in the order determined by the Government.

Article 49. The Prime Minister, after deliberation in the Council of Ministers, may pledge the responsibility of the Government before the National Assembly with regard to the program of the Government, or if it be so decided with regard to a declaration of general policy.

The National Assembly may call into question the responsibility of the Government by the vote of a motion of censure. Such a motion shall be in order only if it is signed by at least one‑tenth of the members of the National Assembly. The vote may only take place forty‑eight hours after the motion has been introduced. Only votes favorable to the motion shall be counted. It shall be considered adopted only if

supported by a majority of the members of the Assembly. Should the motion of censure be rejected, its signatories may not introduce another motion in the course of the same session, except in the case provided for in the next paragraph.

The Prime Minister may, after deliberation in the Council of Ministers, pledge the Government's responsibility before the National Assembly on the vote of all or part of a bill or motion. In that case, the text shall be considered as adopted, unless a motion of censure, filed in the succeeding twenty‑four hours, is voted under the conditions laid down in the previous paragraph.

Article 50. When the National Assembly adopts a motion of censure, or rejects the program or a declaration of general policy of the Government, the Prime Minister must submit the resignation of the Government to the President of the Republic.

TITLE VII‑‑THE CONSTITUTIONAL COUNCIL

Article 56. The constitutional Council shall consist of nine members, whose term of office shall last nine years and shall not be renewable. One‑third of the membership of the Constitutional Council shall be renewed every three years. Three of its members shall be appointed by the President of the Republic, three by the President of the National Assembly, three by the President of the Senate.

Article 61. Organic laws, before their promulgation, and the rules of procedure of the Parliamentary assemblies, before they come into application, must be submitted to the Constitutional Council, which shall decide whether they conform to the Constitution.

To the same end, the President of the Republic, the Prime Minister, the President of either assembly, sixty deputies, or sixty senators may submit laws to the Constitutional Council, before their promulgation.

In the cases provided for by the two preceding paragraphs, the Constitutional Council must make its ruling within a time limit of one month. Nevertheless, at the request of the Government, in case of emergency, this period shall be reduced to eight days.

In these same cases, referral to the Constitutional Council shall suspend the time limit for promulgation.

Article 62. A provision declared unconstitutional may not be promulgated or implemented.

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