President and Government of France

What is the structure of the French government? What powers does the president of this state have? These and many other questions will be answered in the article.

Government of France: general description

The Constitution of France implies the concept of "government" two main elements: the prime minister and ministers. The ministers unite in two groups: the Council of Ministers - under the leadership of the President, and the Cabinet - under the leadership of the Prime Minister. And the head of the French government, and all other ministers are appointed directly by the president of France.

From the legal point of view, the choice of the president is not determined by anything and is not limited in any way: he can appoint anyone to be the chairman of the government. However, in practice everything happens a little differently. So, the president chooses, as a rule, the leading person among the majority. Otherwise, there may be frequent contradictions with the parliament: about legislative initiatives, programs, etc.

The dismissal from the post of ministers is also carried out by the president. However, this happens with the consent of the Prime Minister.

About the Institute of Parliamentary Responsibility of the Government of France

Articles 49 and 50 of the French Constitution introduce a special provision on the institution of parliamentary responsibility. What does it represent and how does it relate to the government? The basic law of the country prescribes that the head of the French government must submit a timely application for his resignation to the president. However, this should happen only in some cases, among which the following:

• The National Assembly passes a "resolution of censure."
• The National Assembly refuses to approve a government program or a general political statement.

It should be noted right away that the resignation of the French Prime Minister always leads to the complete resignation of the entire Cabinet. Allowed as a voluntary resignation of the chairman of the government, and forced.

The whole order described above is a classic example of a system of checks and balances. This is the institution of parliamentary responsibility.

The Government of France as an institution of legislative initiative

According to the French Constitution, the government is the main institution that produces an overwhelming number of legislative initiatives. Unlike the same parliamentarians, it is the French government that is able to issue such bills that will go through all the stages of the legislative process and are firmly consolidated in the form of laws.

It produces two main types of bills: decrees and ordinances. Ordinances are special acts of delegated legislation. The decrees are of the so-called regulatory power: according to Art. 37 of the Constitution, issues may be regulated, even though they are not within the scope of legislation.

On the role of the Prime Minister of France

The Prime Minister of France is, as already mentioned above, the chairman of the government. Article 21 of the French Constitution establishes its status and basic powers, among which:

• Leadership of the government;
• Control over national defense (in this case, the prime minister is personally responsible);
• Enforcement of laws;
• Implementation of regulatory authority;
• The appointment of certain persons to military or civilian positions.

In addition to all of the above, the chairman of the government is able to take various legal and regulatory acts. Ministers, in turn, are able to counteract these acts. This process is enshrined in Article 22 of the Constitution of France.

President and Prime Minister: Relationships

As in the Russian Federation, the French president and prime minister are the first and second person in the state. That there were no contradictions or other problems, in France two schemes of mutual relations between these two politicians are fixed. What is each of these schemes?

The first is called "de Gaulle - Debre". At its core it is quite simple. The system assumes a pro-presidential majority in the National Assembly. Moreover, the Prime Minister and the Government do not have any independent and independent political program. All their activities are controlled by the head of state and the parliament.

The second program is called the "cohabitation" system, or the "Mitterand-Shirak" scheme. The essence of this program is the formation of an opposition parliamentary majority. The duty of the president is to choose from this majority the chairman of the government. As a result, an extremely interesting system is being formed: the president and the prime minister become competitors, because they have, in fact, two different programs. Domestic policy issues go to the Council of Ministers; Foreign policy is regulated by the head of state.

Of course, the second system is several times better and more efficient. There are many evidences to this, but one and the most important can be cited: moderate competition and struggle in the political arena almost always leads to progress.

The Provisional Government in France: 1944-1946.

In order to have a clearer and clearer understanding of how the government works in France, one can cite as an example the system of the interim government that was established in the Fourth Republic.

The creation of an interim government took place on August 30, 1944. The body was headed by General Charles de Gaulle, leader and coordinator of the "Free France" movement. The surprising feature of the government was that it included the most unusual and unlike groups: socialists, Christian democrats, communists and many others. A series of various socio-economic reforms was carried out, thanks to which the standard of living in the state has significantly increased. It is worth mentioning about the adoption in September 1946 of a new Constitution.

President of France: the order of election

Having understood what the powers of the French government exist and what structure it possesses, it is worth moving on to the next question, dedicated to the French president.

The head of state is elected in direct general elections. The term of office of the president is limited to five years, with the same person unable to hold the presidential office for more than two consecutive terms. A presidential candidate must be at least 23 years old. The candidature must be approved by elected officials. The election process is held by the majority system, in 2 stages. The majority of votes should be collected by the future president of France. The government announces the elections and it completes them.

If the president terminates his powers ahead of time, the chairman of the Senate becomes the deputy. The duties of this person are somewhat limited: he is not able, in particular, to dissolve the National Assembly, to appoint a referendum or change constitutional provisions.

The process of the president's dismissal

The High Chamber of Justice makes a decision to withdraw its authority from the president. This is enshrined in Article 68 of the French Constitution. In fact, such a procedure is an impeachment of the head of state. The main reason for the dismissal of the president from his post is the failure to fulfill his duties or execution, not combined with the mandate. It also includes an expression of mistrust to the head of state, which the government is able to submit.

The French parliament, or rather, one of its chambers, initiates the creation and removal of the High Chamber. At the same time, another parliamentary chamber is obliged to support the decision of the first one. Everything happens only if two-thirds of the parliamentary votes came out for the initiative. It is also worth noting that the decision of the High Chamber should enter into force immediately.

On the immunity of the president

Another topic that should definitely be mentioned is presidential immunity. What is it in France? According to Article 67 of the Constitution of the country, the president is released from responsibility for all the acts committed by him on the post. Moreover, during the exercise of authority the head of state has the right not to appear in any of the French courts for giving any evidence. Prosecution, investigation, collection of judicial information - all this should also not concern the head of state during the execution of his powers.

The French president has, among other things, immunity from prosecution. However, this immunity is temporary and can be suspended a month after the president's resignation. It is also worth noting that immunity does not apply to the international criminal court. The French president is not able to hide from a call to this authority. This is confirmed by the provisions of French Constitution, 68 and 532.

"Personal" powers of the President of France

It is worthwhile, at last, to tell about the basic duties and powers of the head of the French state. All of them are divided into two groups: personal and shared. What characterizes personal authority? They do not require ministerial counter-sighing, and therefore the president is able to execute them independently and personally. Here are the moments here:

• The President acts as an arbitrator and guarantor. This refers to the appointment of a referendum, the signing of an ordinance, the appointment of three members of the Council, etc. In all this, the President should be assisted by the Higher Council of the Magistracy.
• The president interacts with various political bodies and institutions. Parliament, judicial bodies (arbitration, constitutional, world), the government - France dictates that all these bodies the head of state must constantly contact. In particular, the president should address messages to the parliament, appoint a prime minister, convene a Council of Ministers, etc.
• The head of state is obliged to take all necessary actions to prevent a crisis. This includes the adoption of emergency powers (this right is enshrined in Article 16 of the Constitution). However, the president is obliged to consult with such bodies as the government of France (its composition must be complete), the parliament, the Constitutional Council, and others.

The "divided" powers of the President of France

The "divided" presidential powers, unlike "personal" ones, require counter-discrimination by ministers. What are the responsibilities of the head of state here?

• Personnel authority, or the formation of the Government of France. Speech, as is already clear, is about the appointment of the prime minister and ministers.
• Signing ordinances and decrees.
• Convening of extraordinary parliamentary sessions.
• The appointment of a referendum and control over its conduct.
• Solving questions about international relations and defense.
• Promulgation (promulgation) of laws.
• Decisions on pardon.