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A SHORT GUIDE TO THE

FRENCH POLITICAL SYSTEM

Contents

Introduction

The Presidency

The Executive

The National Assembly

The Senate

Political Parties

The Judiciary

INTRODUCTION

Although the Greeks might claim that democracy originates from the ancient city state of

Athens, the French could plausibily argue that modern democracy emanates from the FrenchRevolution of 1789 - although the course of democracy in France has hardly run smooth since

then.

Indeed, unlike the American political system [click here] and the British political system [clickhere] which essentially have existed in their current form for centuries, the current Frenchpolitical system is a much more recent construct dating from 1958 and today's Fifth Republic

which centralises substantial power in the President - is a response to the political weaknesses of

the pre-Second World War Third Republic and post-war Fourth Republic.

The Fifth Republic came about following a political crisis over France's colonial war in Algeria,when Charles de Gaulle took power under a new constitution which gave the President new

executive powers compared to the Fourth Republic, making the post uniquely powerful in

European politics.

In the French political system, the relationship between the President and the Prime Minister the first- and second-highest authorities respectively - is critical. It is not always the case that

these two individuals come from the same political party or part of the political spectrum and,

when they are of different political persuasion (as was the case in 1986, 1993 and 1997), the twofigures must practice a process ofcohabitation.

THE PRESIDENCY

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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. However, in each of the

Republics' constitutions, the President's powers, functions and duties - and his relation withFrench governments - have differed. Under the Third and Fourth Republic, which were

parliamentary systems, the office of President of the Republic was a largely ceremonial and

powerless one. The constitution of the current Fifth Republic greatly increased the President'spowers.

Consequently the Presidency is easily the most powerful position in the French political system.

Duties include heading the armed forces, appointment of the Prime Minister, power to dismiss

the National Assembly, chairing the Council of Ministers (equivalent to the Cabinet in Britain),appointing the members of the highest appellate court and the Constitutional Court, chairing the

Higher Council of the Judiciary, negotiating all foreign treaties, and the power to call referenda,

but all domestic decisions must be approved by the Prime Minister. The President has a verylimited 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 official residence of the President is the

Elyse Palace.

Since 1875, the President has been barred from appearing in person before the NationalAssembly or the Senate in order to ensure that the executive and the legislature are kept seperate.

Candidates for the Presidency must obtain 500 sponsoring signatures of elected officials from at

least 30 departments or overseas territories. The post is directly elected in a two-stage voting

system. A candidate who receives more than 50% of the vote in the first round is elected.However, if no candidate receives 50%, there is a second round which is a run-off between the

two candidates who secured the most votes in the first round.

The term is five years, a reduction from the previous seven years.

Nicolas Sarkozy, from the ruling, conservative UMP, won a decisive victory in the second roundof the Presidential election in May 2007. He gained 53% of the vote, finishing six points ahead

of his Socialist rival, Sgolne Royal.

THE EXECUTIVE

The head of the government is the Prime Minister who is nominated by the majority party or

coalition in the National Assembly and appointed by the President for an indefinite term.

The Prime Minister recommends Ministers to the President, sets out Ministers' duties andresponsibilities, and manages the daily affairs of government. He issues decrees and is

responsible for national defence.

The current Prime Minister is Francois Fillon of the UMP.

The Council of Ministers typically consisting of around 15 individuals is headed by thePrime Minister but chaired by the President. It is customary for the President, in consultation

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with the Prime Minister, to select elected representatives from the National Assembly for

ministerial posts, but this is not a set rule. For example, there has been Raymond Barre, Prime

Minister (1976-81), who prior to that appointment was a university economics lecturer, whileThierry Breton, Minister for Economy, Finance and Industry (2005-07) was a business man.

THE NATIONAL ASSEMBLY

The lower house in the French political system is the National Assembly. This has 577 seats

representing single-member constituencies.

Members of the National Assembly are directly elected in a two-stage voting system. Acandidate who receives more than 50% of the vote in the first round is elected. However, if no

candidate receives 50%, there is a second round which is a run-off between all those first round

candidates who secured more than 12.5% of the votes in that first round. Members of theNational Assembly serve five-year terms.

The National Assembly tends to specialise in scrutinising day-to-day government business. Incases of disagreement with the Senate, the position of the National Assembly prevails. Critics

have argued that the Assembly is weak in terms of setting its own agenda and holding theexeutive to account.

THE SENATE

The upper house in the French political system is the Senate. This has a total of 321 seats: 296

representing mainland France, 13 representing French overseas territories, and 12 representingFrench nationals abroad. Many French Senators are also high-level local officials.

Members of the Senate are indirectly elected by an electoral college. Members serve a six-yearterm a reduction from the previous nine years and one-half of seats (previously one-third)

come up for election every three years.

The Senate tends to specialise in constitutional matters and foreign affairs including Europeanintegration (it has a 'listening post' in Brussels, the headquarters of the European Union).

POLITICAL PARTIES

French politics are characterised by two politically opposed groupings: one Left-wing centred

around the French Socialist Party and the other Right-wing and centred previously around the

Rassemblement pour la Rpublique (RPR) and now its successor the neo-Gaullist Union for aPopular Movement (UMP). The executive branch is currently composed mostly of the UMP.

In France, unlike most other democracies, the majority of national politicians are former civil

servants (often high-ranking). Most Presidents, many Cabinet members and a very large numberof parliament members graduated from the same prestigious school, the Ecole Nationale

d'Administration.

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The French take their politics seriously and voter participation is very high (it was almost 86% in

the 2007 Presidential election).

THE JUDICIARY

France uses a civil legal system; that is, law arises primarily from written statutes; judges are notto make law, but merely to interpret it. The basic principles of the rule of law were laid down in

the Napoleonic Code.

The highest appellate court in France is called the Cour de Cassation and the six chief judges are

appointed by the President. Unlike the supreme courts in other countries (such as the USA), itdoes not have the power of judicial review.

The power of judicial review is vested in a separate Constitutional Court which is a unique

creation of the Fifth Republic. The court consists of nine members: one appointment made by

each of the President, the President of the Senate, and the President of the National Assembly

every three years for a nine-year, non-renewable term. This contrasts with the US system wherethe President makes all appointments to the Supreme Court but then the appointments are for

life.

All former Presidents of the Republic are de jure members of the Constitutional Court.

The Court meets infrequently, only upon referral of legislation by the President, the Prime

Minister or the the Parliament.

ROGER DARLINGTON

Last modified on 23 May 2009

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