(Redirected from President of France)
Symbol of the French government
The 'President of the French Republic' () colloquially referred to as 'President of France', is
France's elected
Head of State.
Four of France's five republics have had presidents as their heads of state, making the French presidency the oldest presidency in Europe still to exist in some form.
In each of the republics'
constitutions, the president's powers, functions and duties, and their relation with French governments differed.
The official residence of the President is the
Elysée Palace.
The current President of the Republic is
Nicolas Sarkozy, from
16 May 2007.
Current presidential powers
The
French Fifth Republic is a
semi-presidential system. Unlike many other
European presidents, the office of the French President is quite a powerful one. Although it is the
Prime minister of France and
parliament that oversee much of the nation's actual lawmaking, the French President wields significant influence. The president holds the nation's most senior office, and outranks all other politicians.
Summary
The president's greatest power is his or her ability to choose the
Prime Minister. However, since only the
French National Assembly has the power to dismiss the Prime Minister's government, the president is forced to name a prime minister that commands the support of the majority of this assembly.
★ When the majority of the Assembly has opposite political views to that of the president, this leads to political ''
cohabitation''. In that case, the president's power is diminished, since much of the ''
de facto'' power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president.
★ When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is then often a mere "fuse" — and can be replaced if the administration becomes unpopular.
Since 2002, the mandate of the president and the Assembly are both 5 years and the two elections are close to each other. Therefore, the likelihood of a "cohabitation" is lower.
Among the powers of the president:
★ The president
promulgates laws.
★
★ The president has a very limited form of suspensive
veto: when presented with a law, he or she can request another reading of it by Parliament, but only once per law.
★
★ The president may also refer the law for review to the
Constitutional Council prior to promulgation.
★ The president may dissolve the
French National Assembly
★ The president may refer treaties or certain types of laws to popular
referendum, within certain conditions, among them the agreement of the Prime minister or the parliament.
★ The president is the Commander-in-Chief (CINC) of the armies.
★ The president may order the use of the nuclear weapon.
★ The president names the Prime minister but he cannot dismiss him. He names and dismisses the other ministers, with the agreement of the Prime minister.
★ The president names most officials (with the assent of the cabinet).
★ The president names certain members of the Constitutional Council.
★ The president receives foreign
ambassadors.
★ The president may grant a
pardon (but not an
amnesty) to convicted criminals; the president can also lessen or suppress criminal sentences. This was of crucial importance when France still operated the
death penalty: criminals sentenced to death would generally request that the president commute their sentence to
life imprisonment.
All decisions of the president must be countersigned by the Prime minister, except dissolving the
French National Assembly.
Detailed constitutional powers
The
constitutional attributions of the president are defined in Title II of the
Constitution of France.
'Article 5'
The President of the Republic shall see that the Constitution is observed. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the State.
He shall be the guarantor of national independence, territorial integrity and observance of treaties.
'Article 8'
The President of the Republic shall appoint the Prime Minister. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government.
On the proposal of the Prime Minister, he shall appoint the other members of the Government and terminate their appointments.
'Article 9'
The President of the Republic shall preside over the Council of Ministers.
'Article 10'
The President of the Republic shall promulgate Acts of Parliament within fifteen days following the final adoption of an Act and its transmission to the Government.
He may, before the expiry of this time limit, ask Parliament to reconsider the Act or sections of the Act. Reconsideration shall not be refused.
''While the president has to sign all acts adopted by parliament into law, he cannot refuse to do so and exercise a kind of right of
veto; his only power in that matter is to ask for a single reconsideration of the law by parliament and this power is subject to countersigning by the Prime minister.''
'Article 11' [the president may submit laws to the citizens in a referendum]
'Article 12'
The President of the Republic may, after consulting the Prime Minister and the Presidents of the assemblies, declare the
National Assembly dissolved.
A general election shall take place not less than twenty days and not more than forty days after the dissolution.
The National Assembly shall convene as of right on the second Thursday following its election. Should it so convene outside the period prescribed for the ordinary session, a session shall be called by right for a fifteen-day period.
No further dissolution shall take place within a year following this election.
'Article 13'
The President of the Republic shall sign the ordinances and
decrees deliberated upon in the Council of Ministers.
He shall make appointments to the civil and military posts of the State. [...]
'Article 14'
The President of the Republic shall accredit
ambassadors and envoys extraordinary to foreign powers ; foreign ambassadors and envoys extraordinary shall be accredited to him.
'Article 15'
The President of the Republic shall be commander-in-chief of the
armed forces. He shall preside over the higher national defence councils and committees.
'Article 16'
Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the assemblies and the Constitutional Council.
He shall inform the Nation of these measures in a message.
The measures must stem from the desire to provide the constitutional public authorities, in the shortest possible time, with the means to carry out their duties. The
Constitutional Council shall be consulted with regard to such measures. Parliament shall convene as of right.
The
National Assembly shall not be dissolved during the exercise of the emergency powers.
''Article 16, allowing the president a limited form of
rule by decree for a limited period of time in exceptional circumstance, has been used only once, by
Charles de Gaulle during the
Algerian War, from
April 23 to
September 29,
1961.''
'Article 17'
The President of the Republic has the right to grant
pardon.
'Article 18'
The President of the Republic shall communicate with the two assemblies of Parliament by means of messages, which he shall cause to be read and which shall not be the occasion for any debate.
Outside sessions, Parliament shall be convened especially for this purpose.
''Since 1875, the President is prohibited from entering the houses of Parliament.''
'Article 19'
Acts of the President of the Republic, other than those provided for under articles 8 (first paragraph), 11, 12, 16, 18, 54, 56 and 61, shall be countersigned by the
Prime Minister and, where required, by the appropriate ministers.
Presidential amnesties
There is a tradition of so-called "presidential
amnesties", which are something of a misnomer: after the election of a president, and of a
National Assembly of the same party, parliament traditionally votes a law granting amnesty for some petty crimes. This practice has been increasingly criticized, particularly because it is believed to incite people to commit traffic offences in the months preceding the election. Such an amnesty law may also authorize the president to designate individuals who have committed certain categories of crimes to be offered amnesty, if certain conditions are met. Such individual measures have been criticized for the political
patronage that they allow. Still, it is argued that such amnesty laws help reduce
prison overpopulation. An amnesty law was passed in 2002; it is unknown whether another will be passed in 2007.
The difference between an amnesty and a presidential pardon is that the former clears all subsequent effects of the sentencing, as though the crime had not been committed, while pardon simply relieves the sentenced individual from part or all of the remaining of the sentence.
Election
Since a
2000 referendum, the President of France has been directly elected to a five-year term by
universal suffrage. (Prior to 2000, presidential terms lasted seven years, and the first election to a shorter term was held in 2002.) President Chirac was first elected in 1995 and again in 2002. There is no term limit, so Chirac could have run again, but chose not to. He was succeeded by
Nicolas Sarkozy on
2007 May 16.
François Mitterrand and
Jacques Chirac are the only Presidents to date who have served a full two terms (14 years for the former, 12 years for the latter).
In order to be admitted as an official candidate, potential candidates must receive signed presentations (informally known as ''parrainages'', for "godfathering") from more than 500 elected officials, mostly mayors. These officials must be from at least 30 ''
départements'' or overseas collectivities, and no more than 10% of them should be from the same ''département'' or collectivity.
[1] Furthermore, one official may only present no more than one candidate.
[2]
There are approximately 45 000 elected officials that are on the list of such officials, including around 36 000 mayors.
Spending and financing of campaigns and political parties are highly regulated. There is a cap on spending, at approximately 20 million
euros, and government public financing of 50% of spending if the candidate scores more than 5%. If the candidate receives less than 5% of the vote, the government funds €800,000 to the party (€150,000 paid in advance)
[3]Advertising on TV is forbidden but official time is given to candidates on public TV. An independent agency regulates election and party financing.
French presidential elections are conducted via
run-off voting which ensures that the elected President always obtains a majority: if no candidate receives a majority of votes in the first round of voting, the two highest-scoring candidates arrive at a run-off. After the president is elected, he goes through a solemn
investiture ceremony called a "''passation des pouvoirs''" ("handing over of powers")
[1].
Succession
Upon the death or resignation of the President, the President of the
Senate acts as interim president.
Alain Poher is the only person to have served this temporary position. The first time was in 1969 after
Charles de Gaulle's resignation and a second time in 1974 after
Georges Pompidou's death. It is important to note that, in this situation, the President of the Senate became an Interim President of the Republic; they do not become the new President of the Republic and therefore do not have to resign from their position as President of the Senate. In spite of his title as Interim President of the Republic, Poher is regarded in France as a former President and is listed in presidents gallery in elysee.fr (President official site). This is in contrast to acting presidents from III Republic.
The first round of a new presidential election must be organized no sooner than twenty days and no later than thirty-five days following the vacancy of the presidency. Because fifteen days can separate the first and second rounds of a presidential election, this means that the President of the Senate can only act as President of the Republic for a maximum period of fifty days. During this period of Interim president is not allowed to dismiss the national assembly nor are they allowed to call for a referendum or initiate any constitutional changes.
If there is no acting president of the senate, the powers of the president of the republic are exercised by the "Gouvernement", meaning the Cabinet. This has been interpreted by some constitutional academics as meaning first the Prime Minister and, if he is himself not able to act, the members of the cabinet in the order of the list of the decree that nominated them. This is in fact unlikely to happen, because if the president of the Senate is not able to act, the Senate will normally name a new president of the Senate, that will act as President of the Republic.
Latest election
Former Presidents
As of 2007 there were two living former Presidents:
★
Valéry Giscard d'Estaing (served 1974–1981)
★
Jacques Chirac (served 1995–2007)
According to French law, Former Presidents have guaranteed lifetime pension, personal protection and, according to the French Constitution (Article 56), membership on the Constitutional Council.
First Ladies
★
Cécilia Sarkozy 2007–present ...
Nicolas Sarkozy
★
Bernadette Chirac 1995–2007 ...
Jacques Chirac
★
Danielle Mitterrand 1981–1995 ...
François Mitterrand
★
Anne-Aymone Giscard d'Estaing 1974–1981 ...
Valéry Giscard d'Estaing
★
Claude Pompidou 1969–1974 ...
Georges Pompidou
★
Yvonne de Gaulle 1959–1969 ...
Charles de Gaulle
★
Germaine Coty 1954–1969 ...
René Coty
★
Michelle Aucouturier 1947–1954 ...
Vincent Auriol
★
Germaine Deschanel 1920 ...
Paul Deschanel
★
Marie Louis Picard 1899–1906 ...
Émile Loubet
★
Hélène Casimir-Perier 1894–1895 ...
Jean Casimir-Perier
★
Élise Thiers 1871–1873 ...
Adolphe Thiers
Other information
For details about the French system of government see
Government of France.
The official residence and office of the president is the
Élysée Palace in
Paris. Other presidential residences include:
★ the ''Fort de Bregançon'', in southeastern France, is the current official presidential vacationing residence;
★ the ''Hôtel de Marigny''; standing next to the Élysée Palace, it houses foreign official guests;
★ the ''
Château de Rambouillet'' is normally open to visitors when not used for (rare) official meetings;
★ the ''Domaine National de
Marly'' is normally open to visitors when not used for (rare) official meetings;
★ the ''Domaine de Souzy-la-Briche'', not a historical monument, is a private residence.
The president of France is also the ''ex officio''
Co-Prince of
Andorra and Grand Master of the
Légion d'honneur.
Age upon entering office
#
Vincent Auriol, 63
#
Rene Coty, 71
#
Charles de Gaulle, 68
#
Georges Pompidou, 57
#
Valéry Giscard d'Estaing, 48
#
François Mitterrand, 64
#
Jacques Chirac, 62
#
Nicolas Sarkozy, 52
Presidents time in office
Longest served (twice elected)
#
François Mitterrand: 14 years (two full seven-year terms, longest serving President in history)
#
Jacques Chirac: 12 years (two full terms, but second five-years, not seven as first)
#
Charles de Gaulle: 10 years (resigned in middle of second term)
#
Jules Grévy: 8 years (elected twice, but resigned early during second)
#
Albert Lebrun: 8 years (elected twice, but deposed in early second term by new
Vichy Regime)
Served one full term (seven years)
#
Emile Loubet
#
Armand Fallières
#
Raymond Poincaré
#
Gaston Doumergue
#
Vincent Auriol
#
Valéry Giscard d'Estaing
Served less than one full term
#
Louis Napoleon Bonaparte (became an Emperor
1852)
#
Adolphe Thiers (resigned
1873)
#
Patrice de Mac-Mahon, duc de Magenta (resigned
1879)
#
Marie François Sadi Carnot (assassinated by Italian anarchist named Sante Jeronimo Caserio
1894)
#
Jean Casimir-Perier (resigned
1895)
#
Félix Faure (died in office
1899)
#
Paul Deschanel (resigned
1920)
#
Alexandre Millerand (resigned
1924)
#
Paul Doumer (assassinated by Russian immigrant
1932)
#
Rene Coty (term shortened because of constitution change and call for new election)
#
Georges Pompidou (died in office
1974)
Denotes Interim Presidents
#
Louis Jules Trochu (served 4 months)
#
Alain Poher (served nearly two months in
1969 and about one month in
1974)
Non-Presidential Heads of State
#
Philippe Pétain, Head of State of
Vichy France: served four years
#
Charles de Gaulle, Leader of
Free France: served four years
#
Charles de Gaulle, President of the Provisional Government: served over one and a half years
#
Félix Gouin, President of the Provisional Government: served five months
#
Georges Bidault, President of the Provisional Government: served five months
#
Vincent Auriol, President of the Provisional Government: served less than a month
#
Léon Blum, President of the Provisional Government: served one month
History
Under the
Third and
Fourth Republic, which were
parliamentary systems, the office of President of the Republic was a largely ceremonial and powerless one.
See also
★
French Presidential elections under the Third Republic
References
1. Law 62-1292 of November 6, 1962, article 4
2. Decree 2001-213 of November 8, 2001, article 6
3. Dépenses de campagne: énorme ardoise pour LO, la LCR s'en tire sans déficit, ''Metro France'', 24 April 2007
External links
★
Web page of the President
★
birthplaces of French Presidents
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