The French Political Structure

The constitution of October 4, 1958 provides the institutional basis for the Fifth Republic (France’s current political system). The President functions as the head of the state and is elected for five years under universal suffrage. As the head of state, the President controls foreign policy and defence, and appoints a prime minister with the approval of the parliament.

The Constitution

Enacted on 4th October 1958, the Constitution of the Fifth Republic is largely based on the principles set out by General de Gaulle during his famous speech in Bayeux on 16th June 1946: the accountability of the Government to the Parliament, made up of two chambers, with a stronger parliamentary system, and the accountability of the president of the Republic to the people.

The President

The head of state and head of the executive, the President is elected by universal suffrage for a five-year term (le quinquennat). Since 2008, the maximum number of presidential terms is limited to two.

The President, who is also supreme commander of the military, determines policy with the aid of his Council of Ministers (Conseil des ministres). The residence of the President of the French Republic is the Elysée Palace in Paris.

The Prime Minister

Appointed by the President of the Republic (Head of State), the Prime Minister is the Head of Government. He “directs the actions of the Government” (Article 21 of the Constitution) and in principle sets out the essential political guidelines which, except in the case of cohabitation, are those of the President of the Republic. He must also ensure the coordination of Government action and prevent different ministers from taking contradictory initiatives through his arbitration. He is not the hierarchical superior of the other ministers. He may never force them to take a decision which they are unwilling to take responsibility for, but he may suggest their dismissal to the President in the event of serious misconduct. This role of overseeing government action is facilitated by certain components: the Prime Minister, in the name of the Government, “shall have at its disposal the civil service” (Art. 20), internal services located at the Hôtel Matignon (General Secretariat of the Government, cabinet, etc.) and a large number of services assigned to it.

The Prime Minister ensures the implementation of laws and exercises regulatory power, subject to the signature by the Head of State of ordinances and decrees which have been deliberated upon in the Council of Ministers. He may, in exceptional circumstances, replace the President of the Republic as chairman of the Council of Ministers. He is also responsible for national defence, even though the broad guidelines are often set by the President of the Republic.

The Conseil des Ministres

The ministers and ministers of state are appointed by the President of the Republic upon a proposal of the Prime Minister. The cabinet, i.e. Conseil des ministres, meets on a weekly basis, and is presided over by the President — usually at the Elysée. Typically consisting of around 15-16 individuals, the Conseil is headed by the prime minister but chaired by the President. The total size of the ministerial team is typically 30-40.

The members of the Conseil are called ministers, while the junior ministers are known as Secretaries of State – the reverse of the nomenclature in the British political system.

Ministers determine policy and put new legislation before parliament in the form of bills (projets de loi); within the framework of existing law, they apply policy through decrees (décrets).

The Assemblée Nationale

The French parliament is made up of two houses or chambers. The lower and principal house of parliament is the Assemblée Nationale, or national assembly. Members of Parliament, called députés, are elected by universal suffrage, in general elections (élections législatives) that take place every five years — just weeks after the presidential election. There are currently 577 députés.

Parliamentary elections involve two rounds; a candidate can be elected on the first round by obtaining an absolute majority of votes cast. Failing that, the second round pits any candidate whose score amounts to at least 12.5 per cent of registered voters.  The Socialists currently have a majority in the National Assembly.

Sénat

The upper chamber of parliament is the Sénat or Senate. Senators are chosen by “grands électeurs”, notably by mayors and other locally-elected representatives. They are elected for six years and half of seats come up for election every three years. There are currently 348 senators. The Right-wing currently has a majority.

New bills (projets de loi), proposed by government, and new private members bills (propositions de loi) must be approved by both chambers, before becoming law.  However, by virtue of Article 49.3 of the French constitution, a government can override parliamentary opposition and pass a law without a parliamentary vote — a relatively rare occurrence.

Conseil d’État

The Conseil d’État (Council of State) advises the Government on the preparation of bills, ordinances and certain decrees. It also answers the government’s queries on legal affairs and conducts studies upon the request of the government or on its own initiative regarding administrative or public policy issues. The Conseil d’État is the highest administrative jurisdiction — it is the final arbiter of cases relating to executive power, local authorities, independent public authorities, public administration agencies or any other agency invested with public authority.  In discharging the dual functions of judging as well as advising the Government, the Conseil d’État ensures that the French administration operates in compliance with the law. It is therefore one of the principal guarantees of the rule of law in the country. The Conseil d’État is also responsible for the day-to-day management of the administrative tribunals and courts of appeal.

How does the presidential election work?

France’s presidential elections take place every five years and have two rounds unless one candidate wins an outright majority in round one.

Candidates for the presidency must obtain 500 sponsoring signatures of elected officials from at least 30 departments or overseas territories.

The two candidates with the highest number of votes in round one go head to head in the run-off, which takes place two weeks later.

In both rounds, polling booths are open around the country from 8am until 6pm, and up to 8pm in big cities. Most French overseas departments and territories get to vote a day early, along with expatriates living in the Americas.

After round one, candidates generally hold a couple of major final rallies.

The winner takes up office in a usually lavish inauguration ceremony held at the Elysée Palace ten days after the second round of elections. The outgoing president generally leaves in a French-made car.