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GOVERNMENT

The constitution of the Fifth Republic was approved by public referendum on September 28, 1958. It greatly strengthened the powers of the executive in relation to those of Parliament. Under this constitution, presidents were elected directly for a 7-year term since 1958. Beginning in 2002, the presidential term of office was reduced to 5 years and a constitutional reform passed on July 21, 2008 limits presidents to two consecutive terms in office. The president names the prime minister, presides over the cabinet, commands the armed forces, and concludes treaties. Traditionally, presidents under the Fifth Republic have tended to leave day-to-day policy-making to the prime minister and government; the five-year term of office is expected to make presidents more accountable for the results of domestic policies. Sarkozy, however, has been a hands-on manager and policymaker.

The president can submit questions to a national referendum and can dissolve the National Assembly. In certain emergency situations, with the approval of parliament, the president may assume dictatorial powers and rule by decree. The main components of France's executive branch are the president, the prime minister and government, and the permanent bureaucracies of the many ministries. Led by a prime minister, who is the head of government, the cabinet is composed of a varying number of ministers, ministers-delegate, and secretaries of state. Parliament meets for one 9-month session each year. Under special circumstances the president can call an additional session.

Under the constitution, the legislative branch has few checks on executive power; nevertheless, the National Assembly can still cause a government to fall if an absolute majority of the total Assembly membership votes to censure. The Parliament is bicameral with a National Assembly and a Senate. The National Assembly is the principal legislative body. Its deputies are directly elected to 5-year terms, and all seats are voted on in each election. Senators are chosen by an electoral college and, under new rules passed in 2003 to shorten the term, serve for six years, with one-half of the Senate being renewed every three years. (As a transitional measure in 2004, 62 Senators were elected to 9-year terms, while 61 were elected to 6-year terms; subsequently, all terms will be six years.) The Senate's legislative powers are limited; the National Assembly has the last word in the event of a disagreement between the two houses. The government has a strong influence in shaping the agenda of Parliament, although the constitutional reform passed on July 21, 2008 grants new authority to the Parliament to set its own agenda. The government also can declare a bill to be a question of confidence, thereby linking its continued existence to the passage of the legislative text; unless a motion of censure is introduced and voted, the text is considered adopted without a vote. The constitutional reform passed on July 21, 2008 has limited the process to the vote of the national budget, the financing of the social security, and to one bill per session of the Parliament.

A distinctive feature of the French judicial system is that the Constitutional Council protects basic rights when they might be potentially violated by new laws and the Council of State protects basic rights when they might be violated by actions of the state. The Constitutional Council examines legislation and decides whether it conforms to the constitution. Unlike the U.S. Supreme Court, it considers only legislation that is referred to it by Parliament, the prime minister, or the president. Moreover, it considers legislation before it is promulgated. The Council of State has a separate function from the Constitutional Council and provides recourse to individual citizens who have claims against the administration. The Ordinary Courts--including specialized bodies such as the police court, the criminal court, the correctional tribunal, the commercial court, and the industrial court--settle disputes that arise between citizens, as well as disputes that arise between citizens and corporations. The Court of Appeals reviews cases judged by the Ordinary Courts.

Traditionally, decision-making in France has been highly centralized, with each of France's departments headed by a prefect appointed by the central government. In 1982, the national government passed legislation to decentralize authority by giving a wide range of administrative and fiscal powers to local elected officials. In March 1986, regional councils were directly elected for the first time, and the process of decentralization continues, albeit at a slow pace.

POLITICAL CONDITIONS

Since his inauguration in May 2007 as France's sixth president under the Fifth Republic, Nicolas Sarkozy focused his first months in office on improving the performance of France's economy through liberalization of labor markets, higher education, and taxes. In the April 22, 2007 first round of presidential elections, Sarkozy, the leader of the center-right Union for a Popular Movement (UMP) party, placed first; Socialist candidate Segolene Royal placed second; centrist Francois Bayrou placed third; and extremist Jean-Marie Le Pen placed fourth out of a field of 12 candidates. Sarkozy prevailed in the May 6, 2007 second round, defeating Royal by a 53.06% to 46.94% margin. Royal's loss marked the third straight defeat for the Socialist candidate in presidential elections.

President Sarkozy assumed office on May 16, 2007, the last day of Jacques Chirac's official term. Sarkozy named Francois Fillon Prime Minister. Jean-Louis Borloo became the second-highest ranking figure in the government, presiding over an expanded Ministry of Environment, renamed the Ministry of Ecology and Sustainable Planning. Legislative elections held on June 10 and 17, 2007 gave the UMP a large parliamentary majority. A vote to elect French representatives to the European Parliament will take place June 7, 2009 and balloting to elect the Presidents of Regional Councils will occur in spring 2010.

In electing Nicolas Sarkozy, French voters endorsed the wide-ranging program of reforms--including market-oriented social and economic reforms--that were the focal point of Sarkozy's campaign, implicitly giving him the green light to try and implement these reforms quickly, and allowing a way forward for overcoming France's 2005 rejection of the EU constitutional treaty. By embracing a figure long tagged as "pro-American," French voters also expressed their desire to renew trust in the U.S.-France relationship. During the campaign Sarkozy often ended his stump speeches--evoking Martin Luther King--by calling for a "French dream" of social equality, social mobility, and equal opportunity; and his first speech as President-elect assured his "American friends" that they could rely on France's friendship.

During his first year and a half in office, Sarkozy eliminated income taxes on overtime hours, lengthened the contribution period for retirees to receive full pensions, and established a "minimum service" requirement on strike days, among other reforms. He also completed a major revision of the French constitution, which gave parliament more oversight responsibility, particularly with respect to approval of long-term French military deployments abroad. French and EU analysts stress that longer-term reform measures must focus on reducing the future burden of ballooning public pension and health care budgets, as well as reducing labor-related taxes. Against a backdrop of gloomy economic news, France saw a pair of general strikes and massive but peaceful street protests (between 1 and 3 million people nationwide) in January and March 2009. Despite low public approval ratings, President Sarkozy is governing at a time when the main opposition, the Socialist Party (PS), is fragmented and in the minority in both houses of parliament.

Principal Government Officials
President--Nicolas Sarkozy
Prime Minister--Francois Fillon
Foreign Minister--Bernard Kouchner
Ambassador to the United States--Pierre Vimont
Ambassador to the United Nations--Jean-Maurice Ripert

France maintains an embassy in the U.S. at 4101 Reservoir Rd. NW, Washington, DC 20007 (tel. 202-944-6000).

Government Type: Republic.
Constitution: September 28, 1958.
Branches: Executive--president (chief of state); prime minister (head of government). Legislative--bicameral Parliament (577-member National Assembly, 319-member Senate). Judicial--Court of Cassation (civil and criminal law), Council of State (administrative court), Constitutional Council (constitutional law).
Subdivisions: 22 administrative regions containing 96 departments (metropolitan France). Four overseas departments (Guadeloupe, Martinique, French Guiana, and Reunion); five overseas territories (New Caledonia, French Polynesia, Wallis and Futuna Islands, and French Southern and Antarctic Territories); and two special status territories (Mayotte and St. Pierre and Miquelon).
Political parties: Rally for the Republic (Gaullists/conservatives); Union for French Democracy (a center-right conglomerate of 5 parties: Democratic Force, Republican Party, and Radical Party are the three major components.) Socialist Party; Communist Party; National Front; Greens; Ecology Generation; various minor parties.
Suffrage: Universal at 18.




 
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