CONSTITUTION OF OCTOBER 4, 1958

CONSTITUTION

OF OCTOBER 4,

1958

WARNING

--------

1° The versions in italics of articles 11, 56, 61-1, 65, 69, 71-1 and 73 of the

Constitution will come into effect in the manner determined by statutes and

Institutional Acts necessary for their application by virtue of the article 46 of the

Constitutional Act no. 2008-724 of July 23, 2008;

2° The versions in italics of the title of Title XV and articles 88-1, 88-2, 88-4, 88-5,

88-6, 88-7 will come into effect upon the coming into force of the Treaty of Lisbon,

amending the Treaty on European Union and the Treaty establishing the European

Community, signed on December 13, 2007 by virtue of the article 2 of the

Constitutional Act no. 2008-103 of February 4, 2008 and by virtue of the article 47

of the Constitutional Act no. 2008-724 of July 23, 2008 ;

3° The two versions of article 88-5 are not applicable to accessions that result from

an Intergovernmental Conference whose meeting was decided by the European

Council before July 1, 2004 by virtue of article 47 of the Constitutional Act no.

2008-724 of July 23, 2008.

CONTENTS

PREAMBLE

TITLE I - On Sovereignty (art. 2 to 4)

TITLE II - The President of the Republic (art. 5 to 19)

TITLE III - The Government (art. 20 to 23)

TITLE IV - Parliament (art. 24 to 33)

TITLE V - On Relations between Parliament and the Government (art. 34 to 51-2)

TITLE VI - On Treaties and International Agreements (art. 52 to 55)

TITLE VII - The Constitutional Council (art. 56 to 63)

TITLE VIII - On Judicial Authority (art. 64 to 66-1)

TITLE IX - The High Court (art. 67 and 68)

TITLE X - On the Criminal Liability of Members of the Government

(art. 68-1 to 68-3)

TITLE XI - The Economic, Social and Environmental Council (art. 69 to 71)

TITLE XI A - The Defender of Rights (art. 71-1)

TITLE XII - On Territorial Communities (art. 72 to 75-1)

TITLE XIII - Transitional Provisions relating to New Caledonia (art. 76 to 77)

TITLE XIV - On the French-speaking World and on Association Agreements

(art. 87 to 88)

TITLE XV - On the European Communities and the European Union

(art. 88-1 to 88-5)

- On the European Union (art. 88-1 to 88-7)

TITLE XVI - On Amendments to the Constitution (art. 89)

TITLE XVII (Repealed)

CHARTER FOR THE ENVIRONMENT

CONSTITUTION

PREAMBLE

The French people solemnly proclaim their attachment to the Rights of Man and the

principles of national sovereignty as defined by the Declaration of 1789, confirmed

and complemented by the Preamble to the Constitution of 1946, and to the rights

and duties as defined in the Charter for the Environment of 2004.

By virtue of these principles and that of the self-determination of peoples, the

Republic offers to the overseas territories which have expressed the will to adhere to

them new institutions founded on the common ideal of liberty, equality and

fraternity and conceived for the purpose of their democratic development.

________

ARTICLE 1.

France shall be an indivisible, secular, democratic and social Republic. It shall

ensure the equality of all citizens before the law, without distinction of origin, race

or religion. It shall respect all beliefs. It shall be organised on a decentralised basis.

Statutes shall promote equal access by women and men to elective offices and posts

as well as to position of professional and social responsibility.

T i tle I

ON SOVEREIGNTY

ARTICLE 2.

The language of the Republic shall be French.

The national emblem shall be the blue, white and red tricolour flag.

The national anthem shall be La Marseillaise.

The maxim of the Republic shall be “Liberty, Equality, Fraternity”.

The principle of the Republic shall be: government of the people, by the people and

for the people.

ARTICLE 3.

National sovereignty shall vest in the people, who shall exercise it through their

representatives and by means of referendum.

No section of the people nor any individual may arrogate to itself, or to himself, the

exercise thereof.

Suffrage may be direct or indirect as provided for by the Constitution. It shall

always be universal, equal and secret.

All French citizens of either sex who have reached their majority and are in

possession of their civil and political rights may vote as provided for by statute.

ARTICLE 4.

Political parties and groups shall contribute to the exercise of suffrage. They shall be

formed and carry on their activities freely. They shall respect the principles of

national sovereignty and democracy.

They shall contribute to the implementation of the principle set out in the second

paragraph of article 1 as provided for by statute.

Statutes shall guarantee the expression of diverse opinions and the equitable

participation of political parties and groups in the democratic life of the Nation.

T i tle I I

THE PRESIDENT OF THE REPUBLIC

ARTICLE 5.

The President of the Republic shall ensure due respect for the Constitution. 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 due

respect for Treaties.

ARTICLE 6.

The President of the Republic shall be elected for a term of five years by direct

universal suffrage.

No one may hold office for more than two consecutive terms.

The manner of implementation of this article shall be determined by an Institutional

Act.

ARTICLE 7.

The President of the Republic shall be elected by an absolute majority of votes cast.

If such a majority is not obtained on the first ballot, a second ballot shall take place

on the fourteenth day thereafter. Only the two candidates polling the greatest

number of votes in the first ballot, after any withdrawal of better placed candidates,

may stand in the second ballot.

The process of electing a President shall commence by the calling of said election

by the Government.

The election of the new President shall be held no fewer than twenty days and no

more than thirty-five days before the expiry of the term of the President in office.

Should the Presidency of the Republic fall vacant for any reason whatsoever, or

should the Constitutional Council on a referral from the Government rule by an

absolute majority of its members that the President of the Republic is incapacitated,

the duties of the President of the Republic, with the exception of those specified in

articles 11 and 12, shall be temporarily exercised by the President of the Senate or,

if the latter is in turn incapacitated, by the Government.

In the case of a vacancy, or where the incapacity of the President is declared to be

permanent by the Constitutional Council, elections for the new President shall,

except in the event of a finding by the Constitutional Council of force majeure, be

held no fewer than twenty days and no more than thirty-five days after the

beginning of the vacancy or the declaration of permanent incapacity.

In the event of the death or incapacitation in the seven days preceding the deadline

for registering candidacies of any of the persons who, fewer than thirty days prior to

such deadline, have publicly announced their decision to stand for election, the

Constitutional Council may decide to postpone the election.

If, before the first round of voting, any of the candidates dies or becomes

incapacitated, the Constitutional Council shall declare the election to be postponed.

In the event of the death or incapacitation of either of the two candidates in the lead

after the first round of voting before any withdrawals, the Constitutional Council

shall declare that the electoral process must be repeated in full; the same shall apply

in the event of the death or incapacitation of either of the two candidates still

standing on the second round of voting.

All cases shall be referred to the Constitutional Council in the manner laid down in

the second paragraph of article 61 or in that laid down for the registration of

candidates in the Institutional Act provided for in article 6.

The Constitutional Council may extend the time limits set in paragraphs three and

five above, provided that polling takes place no later than thirty-five days after the

decision of the Constitutional Council. If the implementation of the provisions of

this paragraph results in the postponement of the election beyond the expiry of the

term of the President in office, the latter shall remain in office until his successor is

proclaimed.

Neither articles 49 and 50 nor article 89 of the Constitution shall be implemented

during the vacancy of the Presidency of the Republic or during the period between

the declaration of the permanent incapacity of the President of the Republic and the

election of his successor.

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 recommendation 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 passage of an Act and its transmission to the Government.

He may, before the expiry of this time limit, ask Parliament to reopen debate on the

Act or any sections thereof. Such reopening of debate shall not be refused.

ARTICLE 11.

The President of the Republic may, on a recommendation from the Government

when Parliament is in session, or on a joint motion of the two Houses, published in

the Journal Officiel, submit to a referendum any Government Bill which deals with

the organization of the public authorities, or with reforms relating to the economic

or social policy of the Nation, and to the public services contributing thereto, or

which provides for authorization to ratify a treaty which, although not contrary to

the Constitution, would affect the functioning of the institutions.

Where the referendum is held on the recommendation of the Government, the latter

shall make a statement before each House and the same shall be followed by a

debate.

ARTICLE 11

(1)

The President of the Republic may, on a recommendation from the Government

when Parliament is in session, or on a joint motion of the two Houses, published in

the Journal Officiel, submit to a referendum any Government Bill which deals with

(1) See Warning.

the organization of the public authorities, or with reforms relating to the economic,

social or environmental policy of the Nation, and to the public services contributing

thereto, or which provides for authorization to ratify a treaty which, although not

contrary to the Constitution, would affect the functioning of the institutions.

Where the referendum is held on the recommendation of the Government, the latter

shall make a statement before each House and the same shall be followed by a

debate.

A referendum concerning a subject mentioned in the first paragraph may be held

upon the initiative of one fifth of the Members of Parliament, supported by one tenth

of the voters enrolled on the electoral register. This initiative shall take the form of

a Private Member’s Bill and shall not be applied to the repeal of a statutory

provision promulgated for less than one year.

The conditions by which it is introduced and those according to which the

Constitutional Council monitors the respect of the provisions of the previous

paragraph, are set down by an Institutional Act.

If the Private Member’s Bill has not been considered by the two Houses within a

period set by the Institutional Act, the President of the Republic shall submit it to a

referendum.

Where the decision of the French people in the referendum is not favourable to the

Private Member’s Bill, no new referendum proposal on the same subject may be

submitted before the end of a period of two years following the date of the vote.

Where the outcome of the referendum is favourable to the Government Bill or to the

Private Member’s Bill, the President of the Republic shall promulgate the resulting

statute within fifteen days following the proclamation of the results of the vote.

ARTICLE 12.

The President of the Republic may, after consulting the Prime Minister and the

Presidents of the Houses of Parliament, declare the National Assembly dissolved.

A general election shall take place no fewer than twenty days and no more than

forty days after the dissolution.

The National Assembly shall sit as of right on the second Thursday following its

election. Should this sitting fall outside the period prescribed for the ordinary

session, a session shall be convened by right for a fifteen-day period.

No further dissolution shall take place within a year following said 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.

Conseillers d’État, the Grand Chancelier de la Légion d’Honneur, Ambassadors

and Envoys Extraordinary, Conseillers Maîtres of the Cour des Comptes, Prefects,

State representatives in the overseas communities to which article 74 applies and in

New Caledonia, highest-ranking Military Officers, Recteurs des Académies and

Directors of Central Government Departments shall be appointed in the Council of

Ministers.

An Institutional Act shall determine the other posts to be filled at meetings of the

Council of Ministers and the manner in which the power of the President of the

Republic to make appointments may be delegated by him to be exercised on his

behalf.

An Institutional Act shall determine the posts or positions, other than those

mentioned in the third paragraph, concerning which, on account of their importance

in the guaranteeing of the rights and freedoms or the economic and social life of the

Nation, the power of appointment vested in the President of the Republic shall be

exercised after public consultation with the relevant standing committee in each

House. The President of the Republic shall not make an appointment when the sum

of the negative votes in each committee represents at least three fifths of the votes

cast by the two committees. Statutes shall determine the relevant standing

committees according to the posts or positions concerned.

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 measures required

by these circumstances, after formally consulting the Prime Minister, the Presidents

of the Houses of Parliament and the Constitutional Council.

He shall address the Nation and inform it of such measures.

The measures shall be designed to provide the constitutional public authorities as

swiftly as possible, with the means to carry out their duties. The Constitutional

Council shall be consulted with regard to such measures.

Parliament shall sit as of right.

The National Assembly shall not be dissolved during the exercise of such

emergency powers.

After thirty days of the exercise of such emergency powers, the matter may be

referred to the Constitutional Council by the President of the National Assembly, the

President of the Senate, sixty Members of the National Assembly or sixty Senators,

so as to decide if the conditions laid down in paragraph one still apply. The Council

shall make its decision publicly as soon as possible. It shall, as of right, carry out

such an examination and shall make its decision in the same manner after sixty days

of the exercise of emergency powers or at any moment thereafter.

ARTICLE 17.

The President of the Republic is vested with the power to grant individual pardons.

ARTICLE 18.

The President of the Republic shall communicate with the two Houses of Parliament

by messages which he shall cause to be read aloud and which shall not give rise to

any debate.

He may take the floor before Parliament convened in Congress for this purpose. His

statement may give rise, in his absence, to a debate without vote.

When not in session, the Houses of Parliament shall be convened especially for this

purpose.

ARTICLE 19.

Instruments of the President of the Republic, other than those provided for under

articles 8 (paragraph one), 11, 12, 16, 18, 54, 56 and 61, shall be countersigned by

the Prime Minister and, where required, by the ministers concerned.

Title III

THE GOVERNMENT

ARTICLE 20.

The Government shall determine and conduct the policy of the Nation.

It shall have at its disposal the civil service and the armed forces.

It shall be accountable to Parliament in accordance with the terms and procedures

set out in articles 49 and 50.

ARTICLE 21.

The Prime Minister shall direct the actions of the Government. He shall be

responsible for national defence. He shall ensure the implementation of legislation.

Subject to article 13, he shall have power to make regulations and shall make

appointments to civil and military posts.

He may delegate certain of his powers to Ministers.

He shall deputize, if the case arises, for the President of the Republic as chairman of

the councils and committees referred to in article 15.

He may, in exceptional cases, deputize for him as chairman of a meeting of the

Council of Ministers by virtue of an express delegation of powers for a specific

agenda.

ARTICLE 22.

Instruments of the Prime Minister shall be countersigned, where required, by the

ministers responsible for their implementation.

ARTICLE 23.

Membership of the Government shall be incompatible with the holding of any

Parliamentary office, any position of professional representation at national level,

any public employment or any professional activity.

An Institutional Act shall determine the manner in which the holders of such offices,

positions or employment shall be replaced.

The replacement of Members of Parliament shall take place in accordance with the

provisions of article 25.

T i tle I V

PARLIAMENT

ARTICLE 24.

Parliament shall pass statutes. It shall monitor the action of the Government. It shall

assess public policies.

It shall comprise the National Assembly and the Senate.

Members of the National Assembly, whose number shall not exceed five hundred

and seventy-seven, shall be elected by direct suffrage.

The Senate, whose members shall not exceed three hundred and forty-eight, shall be

elected by indirect suffrage. The Senate shall ensure the representation of the

territorial communities of the Republic.

French nationals living abroad shall be represented in the National Assembly and in

the Senate.

ARTICLE 25.

An Institutional Act shall determine the term for which each House is elected, the

number of its members, their allowances, the conditions of eligibility and the terms

of disqualification and of incompatibility with membership.

It shall likewise determine the manner of election of those persons called upon to

replace Members of the National Assembly or Senators whose seats have become

vacant, until the general or partial renewal by election of the House in which they

sat, or have been temporarily replaced on account of having accepted a position in

Government.

An independent commission, whose composition and rules of organization and

operation shall be set down by statute, shall publicly express an opinion on the

Government and Private Members’ Bills defining the constituencies for the election

of Members of the National Assembly, or modifying the distribution of the seats of

Members of the National Assembly or of Senators.

RTICLE 26.

No Member of Parliament shall be prosecuted, investigated, arrested, detained or

tried in respect of opinions expressed or votes cast in the performance of his official

duties.

No Member of Parliament shall be arrested for a serious crime or other major

offence, nor shall he be subjected to any other custodial or semi-custodial measure,

without the authorization of the Bureau of the House of which he is a member. Such

authorization shall not be required in the case of a serious crime or other major

offence committed flagrante delicto or when a conviction has become final.

The detention, subjecting to custodial or semi-custodial measures, or prosecution of

a Member of Parliament shall be suspended for the duration of the session if the

House of which he is a member so requires.

The House concerned shall meet as of right for additional sittings in order to permit

the application of the foregoing paragraph should circumstances so require.

ARTICLE 27.

No Member shall be elected with any binding mandate.

Members’ right to vote shall be exercised in person.

An Institutional Act may, in exceptional cases, authorize voting by proxy. In that

event, no Member shall be given more than one proxy.

ARTICLE 28.

Parliament shall sit as of right in one ordinary session which shall start on the first

working day of October and shall end on the last working day of June.

The number of days for which each House may sit during the ordinary session shall

not exceed one hundred and twenty. The number of sitting weeks shall be

determined by each House.

The Prime Minister, after consulting the President of the House concerned or the

majority of the members of each House may decide that said House shall meet for

additional sitting days.

The days and hours of sittings shall be determined by the Rules of Procedure of each

House.

ARTICLE 29.

Parliament shall meet in extraordinary session, at the request of the Prime Minister

or of the majority of the Members of the National Assembly, to debate a specific

agenda.

Where an extraordinary session is held at the request of Members of the National

Assembly, this session shall be closed by decree once all the items on the agenda for

which Parliament was convened have been dealt with, or not later than twelve days

after its first sitting, whichever shall be the earlier.

The Prime Minister alone may request a new session before the end of the month

following the decree closing an extraordinary session.

ARTICLE 30.

Except where Parliament sits as of right, extraordinary sessions shall be opened and

closed by a Decree of the President of the Republic.

ARTICLE 31.

Members of the Government shall have access to both Houses. They shall address

either House whenever they so request.

They may be assisted by commissaires du Gouvernement.

ARTICLE 32

The President of the National Assembly shall be elected for the life of a Parliament.

The President of the Senate shall be elected each time elections are held for partial

renewal of the Senate.

ARTICLE 33.

The sittings of the two Houses shall be public. A verbatim report of the debates shall

be published in the Journal Officiel.

Each House may sit in camera at the request of the Prime Minister or of one tenth of

its members.

T i tle V

ON RELATIONS BETWEEN PARLIAMENT

AND THE GOVERNMENT

ARTICLE 34.

Statutes shall determine the rules concerning:

- civic rights and the fundamental guarantees granted to citizens for the exercise of

their civil liberties; freedom, diversity and the independence of the media; the

obligations imposed for the purposes of national defence upon the person and

property of citizens;

- nationality, the status and capacity of persons, matrimonial property systems,

inheritance and gifts;

- the determination of serious crimes and other major offences and the penalties they

carry; criminal procedure; amnesty; the setting up of new categories of courts and

the status of members of the Judiciary;

- the base, rates and methods of collection of all types of taxes; the issuing of

currency.

Statutes shall also determine the rules governing:

- the system for electing members of the Houses of Parliament, local assemblies and

the representative bodies for French nationals living abroad, as well as the

conditions for holding elective offices and positions for the members of the

deliberative assemblies of the territorial communities;

- the setting up of categories of public legal entities;

- the fundamental guarantees granted to civil servants and members of the Armed

Forces;

- nationalisation of companies and the transfer of ownership of companies from the

public to the private sector.

Statutes shall also lay down the basic principles of:

- the general organisation of national defence;

- the self-government of territorial communities, their powers and revenue;

- education;

- the preservation of the environment;

- systems of ownership, property rights and civil and commercial obligations;

- Employment law, Trade Union law and Social Security.

Finance Acts shall determine the revenue and expenditure of the State in the

conditions and with the reservations provided for by an Institutional Act.

Social Security Financing Acts shall lay down the general conditions for the

financial equilibrium thereof, and taking into account forecasted revenue, shall

determine expenditure targets in the conditions and with the reservations provided

for by an Institutional Act.

Programming Acts shall determine the objectives of the action of the State.

The multiannual guidelines for public finances shall be established by Programming

Acts. They shall contribute to achieving the objective of balanced accounts for

public administrations.

The provisions of this article may be further specified and completed by an

Institutional Act.

ARTICLE 34-1.

The Houses of Parliament may adopt resolutions according to the conditions

determined by the Institutional Act.

Any draft resolution, whose adoption or rejection would be considered by the

Government as an issue of confidence, or which contained an injunction to the

Government, shall be inadmissible and may not be included on the agenda.

ARTICLE 35.

A declaration of war shall be authorized by Parliament.

The Government shall inform Parliament of its decision to have the armed forces

intervene abroad, at the latest three days after the beginning of said intervention. It

shall detail the objectives of the said intervention. This information may give rise to

a debate, which shall not be followed by a vote.

Where the said intervention shall exceed four months, the Government shall submit

the extension to Parliament for authorization. It may ask the National Assembly to

make the final decision.

If Parliament is not sitting at the end of the four-month period, it shall express its

decision at the opening of the following session.

ARTICLE 36.

A state of siege shall be decreed in the Council of Ministers.

The extension thereof after a period of twelve days may be authorized solely by

Parliament.

ARTICLE 37.

Matters other than those coming under the scope of statute law shall be matters for

regulation.

Provisions of statutory origin enacted in such matters may be amended by decree

issued after consultation with the Conseil d’État. Any such provisions passed after

the coming into force of the Constitution shall be amended by decree only if the

Constitutional Council has found that they are matters for regulation as defined in

the foregoing paragraph.

ARTICLE 37-1.

Statutes and regulations may contain provisions enacted on an experimental basis

for limited purposes and duration.

ARTICLE 38.

In order to implement its programme, the Government may ask Parliament for

authorization, for a limited period, to take measures by Ordinance that are normally

the preserve of statute law.

Ordinances shall be issued in the Council of Ministers, after consultation with the

Conseil d’État. They shall come into force upon publication, but shall lapse in the

event of failure to table before Parliament the Bill to ratify them by the date set by

the Enabling Act. They may only be ratified in explicit terms.

At the end of the period referred to in the first paragraph hereinabove Ordinances

may be amended solely by an Act of Parliament in those areas governed by statute

law.

ARTICLE 39.

Both the Prime Minister and Members of Parliament shall have the right to initiate

legislation.

Government Bills shall be discussed in the Council of Ministers after consultation

with the Conseil d’État and shall be tabled in one or other of the two Houses.

Finance Bills and Social Security Financing Bills shall be tabled first before the

National Assembly. Without prejudice to the first paragraph of article 44, Bills

primarily dealing with the organisation of territorial communities shall be tabled

first in the Senate.

The tabling of Government Bills before the National Assembly or the Senate, shall

comply with the conditions determined by an Institutional Act.

Government Bills may not be included on the agenda if the Conference of

Presidents of the first House to which the Bill has been referred, declares that the

rules determined by the Institutional Act have not been complied with. In the case of

disagreement between the Conference of Presidents and the Government, the

President of the relevant House or the Prime Minister may refer the matter to the

Constitutional Council, which shall rule within a period of eight days.

Within the conditions provided for by statute, the President of either House may

submit a Private Member’s Bill tabled by a Member of the said House, before it is

considered in committee, to the Conseil d’État for its opinion, unless the Member

who tabled it disagrees.

ARTICLE 40.

Private Members’ Bills and amendments introduced by Members of Parliament

shall not be admissible where their enactment would result in either a diminution of

public revenue or the creation or increase of any public expenditure.

ARTICLE 41.

If, during the legislative process, it appears that a Private Member’s Bill or

amendment is not a matter for statute or is contrary to a delegation granted under

article 38, the Government or the President of the House concerned, may argue that

it is inadmissible.

In the event of disagreement between the Government and the President of the

House concerned, the Constitutional Council, at the request of one or the other, shall

give its ruling within eight days.

ARTICLE 42.

The discussion of Government and Private Members’ Bills shall, in plenary sitting,

concern the text passed by the committee to which the Bill has been referred, in

accordance with article 43, or failing that, the text which has been referred to the

House.

Notwithstanding the foregoing, the plenary discussion of Constitutional Revision

Bills, Finance Bills and Social Security Financing Bills, shall concern, during the

first reading before the House to which the Bill has been referred in the first

instance, the text presented by the Government, and during the subsequent readings,

the text transmitted by the other House.

The plenary discussion at first reading of a Government or Private Members’ Bill

may only occur before the first House to which it is referred, at the end of a period

of six weeks after it has been tabled. It may only occur, before the second House to

which it is referred, at the end of a period of four weeks, from the date of

transmission.

The previous paragraph shall not apply if the accelerated procedure has been

implemented according to the conditions provided for in article 45. Neither shall it

appl to Finance Bills, Social Security Financing Bills, or to Bills concerning a state

of emergency.

ARTICLE 43.

Government and Private Members’ Bills shall be referred to one of the standing

committees, the number of which shall not exceed eight in each House.

At the request of the Government or of the House before which such a bill has been

tabled, Government and Private Members’ Bills shall be referred for consideration

to a committee specially set up for this purpose.

ARTICLE 44.

Members of Parliament and the Government shall have the right of amendment.

This right may be used in plenary sitting or in committee under the conditions set

down by the Rules of Procedure of the Houses, according to the framework

determined by an Institutional Act.

Once debate has begun, the Government may object to the consideration of any

amendment which has not previously been referred to committee.

If the Government so requests, the House before which the Bill is tabled shall

proceed to a single vote on all or part of the text under debate, on the sole basis of

the amendments proposed or accepted by the Government.

ARTICLE 45.

Every Government or Private Member’s Bill shall be considered successively in the

two Houses of Parliament with a view to the passing of an identical text. Without

prejudice to the application of articles 40 and 41, all amendments which have a link,

even an indirect one, with the text that was tabled or transmitted, shall be admissible

on first reading.

If, as a result of a failure to agree by the two Houses, it has proved impossible to

pass a Government or Private Member’s Bill after two readings by each House or, if

the Government has decided to apply the accelerated procedure without the two

Conferences of Presidents being jointly opposed, after a single reading of such a Bill

by each House, the Prime Minister, or in the case of a Private Members’ Bill, the

Presidents of the two Houses acting jointly, may convene a joint committee,

composed of an equal number of members from each House, to propose a text on

the provisions still under debate.

The text drafted by the joint committee may be submitted by the Government to

both Houses for approval. No amendment shall be admissible without the consent of

the Government.

If the joint committee fails to agree on a common text, or if the text is not passed as

provided in the foregoing paragraph, the Government may, after a further reading by

the National Assembly and by the Senate, ask the National Assembly to reach a

final decision. In such an event, the National Assembly may reconsider either the

text drafted by the joint committee, or the last text passed by itself, as modified, as

the case may be, by any amendment(s) passed by the Senate.

ARTICLE 46.

Acts of Parliament which are defined by the Constitution as being Institutional Acts

shall be enacted and amended as provided for hereinafter.

The Government or Private Member’s Bill may only be submitted, on first reading,

to the consideration and vote of the Houses after the expiry of the periods set down

in the third paragraph of article 42. Notwithstanding the foregoing, if the accelerated

procedure has been applied according to the conditions provided for in article 45,

the Government or Private Member’s Bill may not be submitted for consideration

by the first House to which it is referred before the expiry of a fifteen-day period

after it has been tabled.

The procedure set out in article 45 shall apply. Nevertheless, failing agreement

between the two Houses, the text may be passed by the National Assembly on a

final reading only by an absolute majority of the Members thereof.

Institutional Acts relating to the Senate must be passed in identical terms by the two

Houses.

Institutional Acts shall not be promulgated until the Constitutional Council has

declared their conformity with the Constitution.

ARTICLE 47.

Parliament shall pass Finance Bills in the manner provided for by an Institutional

Act.

Should the National Assembly fail to reach a decision on first reading within forty

days following the tabling of a Bill, the Government shall refer the Bill to the

Senate, which shall make its decision known within fifteen days. The procedure set

out in article 45 shall then apply.

Should Parliament fail to reach a decision within seventy days, the provisions of the

Bill may be brought into force by Ordinance.

Should the Finance Bill setting out revenue and expenditure for a financial year not

be tabled in time for promulgation before the beginning of that year, the

Government shall as a matter of urgency ask Parliament for authorization to collect

taxes and shall make available by decree the funds needed to meet commitments

already voted for.

The time limits set by this article shall be suspended when Parliament is not in

session.

ARTICLE 47-1.

Parliament shall pass Social Security Financing Bills in the manner provided by an

Institutional Act.

Should the National Assembly fail to reach a decision on first reading within twenty

days of the tabling of a Bill, the Government shall refer the Bill to the Senate, which

shall make its decision known within fifteen days. The procedure set out in article

45 shall then apply.

Should Parliament fail to reach a decision within fifty days, the provisions of the

Bill may be implemented by Ordinance.

The time limits set by this article shall be suspended when Parliament is not in

session and, as regards each House, during the weeks when it has decided not to sit

in accordance with the second paragraph of article 28.

ARTICLE 47-2.

The Cour des Comptes shall assist Parliament in monitoring Government action. It

shall assist Parliament and the Government in monitoring the implementation of

Finance Acts and Social Security Financing Acts, as well in assessing public

policies. By means of its public reports, it shall contribute to informing citizens.

The accounts of public administrations shall be lawful and faithful. They shall

provide a true and fair view of the result of the management, assets and financial

situation of the said public administrations.

ARTICLE 48.

Without prejudice to the application of the last three paragraphs of article 28, the

agenda shall be determined by each House.

During two weeks of sittings out of four, priority shall be given, in the order

determined by the Government, to the consideration of texts and to debates which it

requests to be included on the agenda.

In addition, the consideration of Finance Bills, Social Security Financing Bills and,

subject to the provisions of the following paragraph, texts transmitted by the other

House at least six weeks previously, as well as Bills concerning a state of

emergency and requests for authorization referred to in article 35, shall, upon

Government request, be included on the agenda with priority.

During one week of sittings out of four, priority shall be given, in the order

determined by each House, to the monitoring of Government action and to the

assessment of public policies.

One day of sitting per month shall be given over to an agenda determined by each

House upon the initiative of the opposition groups in the relevant House, as well as

upon that of the minority groups.

During at least one sitting per week, including during the extraordinary sittings

provided for in article 29, priority shall be given to questions from Members of

Parliament and to answers from the Government.

ARTICLE 49.

The Prime Minister, after deliberation by the Council of Ministers, may make the

Government’s programme or possibly a general policy statement an issue of a vote

of confidence before the National Assembly.

The National Assembly may call the Government to account by passing a resolution

of no-confidence. Such a resolution shall not be admissible unless it is signed by at

least one tenth of the Members of the National Assembly. Voting may not take place

within forty-eight hours after the resolution has been tabled. Solely votes cast in

favour of the no-confidence resolution shall be counted and the latter shall not be

passed unless it secures a majority of the Members of the House. Except as provided

for in the following paragraph, no Member shall sign more than three resolutions of

no-confidence during a single ordinary session and no more than one during a single

extraordinary session.

The Prime Minister may, after deliberation by the Council of Ministers, make the

passing of a Finance Bill or Social Security Financing Bill an issue of a vote of

confidence before the National Assembly. In that event, the Bill shall be considered

passed unless a resolution of no-confidence, tabled within the subsequent twenty-

four hours, is carried as provided for in the foregoing paragraph. In addition, the

Prime Minister may use the said procedure for one other Government or Private

Members’ Bill per session.

The Prime Minister may ask the Senate to approve a statement of general policy.

ARTICLE 50.

When the National Assembly passes a resolution of no-confidence, or when it fails

to endorse the Government programme or general policy statement, the Prime

Minister shall tender the resignation of the Government to the President of the

Republic.

ARTICLE 50-1.

The Government may, before either House, upon its own initiative or upon the

request of a parliamentary group, as set down in article 51-1, make a declaration on

a given subject, which leads to a debate and, if it so desires, gives rise to a vote,

without making it an issue of confidence.

RTICLE 51.

The closing of ordinary or extraordinary sessions shall be automatically postponed

in order to permit the application of article 49, if the case arises. Additional sittings

shall be held automatically for the same purpose.

ARTICLE 51-1.

The Rules of Procedure of each House shall determine the rights of the

parliamentary groups set up within it. They shall recognize that opposition groups in

the House concerned, as well as minority groups, have specific rights.

ARTICLE 51-2.

In order to implement the monitoring and assessment missions laid down in the first

paragraph of article 24, committees of inquiry may be set up within each House to

gather information, according to the conditions provided for by statute.

Statutes shall determine their rules of organization and operation. The conditions for

their establishment shall be determined by the Rules of Procedure of each House.

T i tle V I

ON TREATIES AND INTERNATIONAL

AGREEMENTS

ARTICLE 52.

The President of the Republic shall negotiate and ratify treaties.

He shall be informed of any negotiations for the conclusion of an international

agreement not subject to ratification.

ARTICLE 53.

Peace Treaties, Trade agreements, treaties or agreements relating to international

organization, those committing the finances of the State, those modifying provisions

which are the preserve of statute law, those relating to the status of persons, and

those involving the ceding, exchanging or acquiring of territory, may be ratified or

approved only by an Act of Parliament.

They shall not take effect until such ratification or approval has been secured.

No ceding, exchanging or acquiring of territory shall be valid without the consent of

the population concerned.

ARTICLE 53-1

The Republic may enter into agreements with European States which are bound by

undertakings identical with its own in matters of asylum and the protection of

human rights and fundamental freedoms, for the purpose of determining their

respective jurisdiction as regards requests for asylum submitted to them.

However, even if the request does not fall within their jurisdiction under the terms

of such agreements, the authorities of the Republic shall remain empowered to grant

asylum to any foreigner who is persecuted for his action in pursuit of freedom or

who seeks the protection of France on other grounds.

ARTICLE 53-2.

The Republic may recognize the jurisdiction of the International Criminal Court as

provided for by the Treaty signed on 18 July 1998.

ARTICLE 54.

If the Constitutional Council, on a referral from the President of the Republic, from

the Prime Minister, from the President of one or the other Houses, or from sixty

Members of the National Assembly or sixty Senators, has held that an international

undertaking contains a clause contrary to the Constitution, authorization to ratify or

approve the international undertaking involved may be given only after amending

the Constitution.

ARTICLE 55.

Treaties or agreements duly ratified or approved shall, upon publication, prevail

over Acts of Parliament, subject, with respect to each agreement or treaty, to its

application by the other party.

T i tle VII

THE CONSTITUTIONAL COUNCIL

ARTICLE 56.

The Constitutional Council shall comprise nine members, each of whom shall hold

office for a non-renewable term of nine years. One third of the membership of the

Constitutional Council shall be renewed every three years. Three of its members

shall be appointed by the President of the Republic, three by the President of the

National Assembly and three by the President of the Senate.

In addition to the nine members provided for above, former Presidents of the

Republic shall be ex officio life members of the Constitutional Council.

The President shall be appointed by the President of the Republic. He shall have a

casting vote in the event of a tie.

ARTICLE 56

(1)

The Constitutional Council shall comprise nine members, each of whom shall hold

office for a non-renewable term of nine years. One third of the membership of the

Constitutional Council shall be renewed every three years. Three of its members

shall be appointed by the President of the Republic, three by the President of the

National Assembly and three by the President of the Senate. The procedure provided

for in the last paragraph of article 13 shall apply to these appointments. The

appointments made by the President of each House shall be submitted for the

opinion solely of the relevant standing committee in that House.

In addition to the nine members provided for above, former Presidents of the

Republic shall be ex officio life members of the Constitutional Council.

The President shall be appointed by the President of the Republic. He shall have a

casting vote in the event of a tie.

ARTICLE 57.

The office of member of the Constitutional Council shall be incompatible with that

of Minister or Member of the Houses of Parliament. Other incompatibilities shall be

determined by an Institutional Act.

ARTICLE 58.

The Constitutional Council shall ensure the proper conduct of the election of the

President of the Republic.

It shall examine complaints and shall proclaim the results of the vote.

(1) See Warning.

ARTICLE 59.

The Constitutional Council shall rule on the proper conduct of the election of

Members of the National Assembly and Senators in disputed cases.

ARTICLE 60.

The Constitutional Council shall ensure the proper conduct of referendum

proceedings as provided for in articles 11 and 89 and in Title XV and shall proclaim

the results of the referendum.

ARTICLE 61.

Institutional Acts, before their promulgation, Private Members’ Bills mentioned in

article 11 before they are submitted to referendum, and the Rules of Procedure of

the Houses of Parliament shall, before coming into force, be referred to the

Constitutional Council, which shall rule on their conformity with the Constitution.

To the same end, Acts of Parliament may be referred to the Constitutional Council,

before their promulgation, by the President of the Republic, the Prime Minister, the

President of the National Assembly, the President of the Senate, sixty Members of

the National Assembly or sixty Senators.

In the cases provided for in the two foregoing paragraphs, the Constitutional

Council must deliver its ruling within one month. However, at the request of the

Government, in cases of urgency, this period shall be reduced to eight days.

In these same cases, referral to the Constitutional Council shall suspend the time

allotted for promulgation.

ARTICLE 61-1

(1)

If, during proceedings in progress before a court of law, it is claimed that a

statutory provision infringes the rights and freedoms guaranteed by the

Constitution, the matter may be referred by the Conseil d’État or by the Cour de

Cassation to the Constitutional Council, within a determined period.

An Institutional Act shall determine the conditions for the application of the present

article.

ARTICLE 62.

A provision declared unconstitutional on the basis of article 61 shall be neither

promulgated nor implemented.

(1) See Warning.

A provision declared unconstitutional on the basis of article 61-1 shall be repealed

as of the publication of the said decision of the Constitutional Council or as of a

subsequent date determined by said decision. The Constitutional Council shall

determine the conditions and the limits according to which the effects produced by

the provision shall be liable to challenge.

No appeal shall lie from the decisions of the Constitutional Council. They shall be

binding on public authorities and on all administrative authorities and all courts.

ARTICLE 63.

An Institutional Act shall determine the rules of organization and operation of the

Constitutional Council, the procedure to be followed before it and, in particular, the

time limits allotted for referring disputes to it.

Title VIII

ON JUDICIAL AUTHORITY

ARTICLE 64.

The President of the Republic shall be the guarantor of the independence of the

Judicial Authority.

He shall be assisted by the High Council of the Judiciary.

An Institutional Act shall determine the status of members of the Judiciary.

Judges shall be irremovable from office.

ARTICLE 65.

The High Council of the Judiciary shall be presided over by the President of the

Republic. The Minister of Justice shall be its ex officio Vice-president. He may

deputize for the President of the Republic.

The High Council of the Judiciary shall consist of two sections, one with

jurisdiction over judges, the other over public prosecutors.

The section with jurisdiction over judges shall comprise, in addition to the President

of the Republic and the Minister of Justice, five judges and one public prosecutor,

one Conseiller d’État appointed by the Conseil d’État, and three prominent citizens

who are not members either of Parliament or of the Judiciary, appointed respectively

by the President of the Republic, the President of the National Assembly and the

President of the Senate.

The section with jurisdiction over public prosecutors shall comprise, in addition to

the President of the Republic and the Minister of Justice, five public prosecutors and

one judge, and the Conseiller d’État together with the three prominent citizens

referred to in the preceding paragraph.

The section of the High Council of the Judiciary with jurisdiction over judges shall

make recommendations for the appointment of judges to the Cour de cassation, the

Chief Presidents of Courts of Appeal and the Presidents of the Tribunaux de grande

instance. Other judges shall be appointed after consultation with this section.

This section shall act as disciplinary tribunal for judges. When acting in such

capacity, it shall be presided over by the Chief President of the Cour de cassation.

The section of the High Council of the Judiciary with jurisdiction over public

prosecutors shall give its opinion on the appointment of public prosecutors, with the

exception of posts to be filled at meetings of the Council of Ministers.

It shall give its opinion on disciplinary measures regarding public prosecutors.

When acting in such capacity, it shall be presided over by the Chief Public

Prosecutor at the Cour de cassation.

An Institutional Act shall determine the manner in which this article is to be

implemented.

ARTICLE 65

(1)

The High Council of the Judiciary shall consist of a section with jurisdiction over

judges and a section with jurisdiction over public prosecutors.

The section with jurisdiction over judges shall be presided over by the Chief

President of the Cour de cassation. It shall comprise, in addition, five judges and

one public prosecutor, one Conseiller d’État appointed by the Conseil d’État and

one practising lawyer, as well as six qualified, prominent citizens who are not

Members of Parliament, of the Judiciary or of the administration. The President of

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

shall each appoint two qualified, prominent citizens. The procedure provided for in

the last paragraph of article 13 shall be applied to the appointments of the qualified,

prominent citizens. The appointments made by the President of each House of

Parliament shall be submitted for the sole opinion of the relevant standing

committee in that House.

The section with jurisdiction over public prosecutors shall be presided over by the

Chief Public Prosecutor at the Cour de Cassation. It shall comprise, in addition, five

public prosecutors and one judge, as well as the Conseiller d’État and the practising

lawyer, together with the six qualified, prominent citizens referred to in the second

paragraph.

The section of the High Council of the Judiciary with jurisdiction over judges shall

make recommendations for the appointment of judges to the Cour de cassation, the

(1) See Warning.

Chief Presidents of Courts of Appeal and the Presidents of the Tribunaux de grande

instance. Other judges shall be appointed after consultation with this section.

The section of the High Council of the Judiciary with jurisdiction over public

prosecutors shall give its opinion on the appointment of public prosecutors.

The section of the High Council of the Judiciary with jurisdiction over judges shall

act as disciplinary tribunal for judges. When acting in such capacity, in addition to

the members mentioned in the second paragraph, it shall comprise the judge

belonging to the section with jurisdiction over public prosecutors.

The section of the High Council of the Judiciary with jurisdiction over public

prosecutors shall give its opinion on disciplinary measures regarding public

prosecutors. When acting in such capacity, it shall comprise, in addition to the

members mentioned in paragraph three, the public prosecutor belonging to the

section with jurisdiction over judges.

The High Council of the Judiciary shall meet in plenary section to reply to the

requests for opinions made by the President of the Republic in application of article

64. It shall also express its opinion in plenary section, on questions concerning the

deontology of judges or on any question concerning the operation of justice which is

referred to it by the Minister of Justice. The plenary section comprises three of the

five judges mentioned in the second paragraph, three of the five prosecutors

mentioned in the third paragraph as well as the Conseiller d’État, the practising

lawyer and the six qualified, prominent citizens referred to in the second paragraph.

It is presided over by the Chief President of the Cour de cassation who may be

substituted by the Chief Public Prosecutor of this court.

The Minister of Justice may participate in all the sittings of the sections of the High

Council of the Judiciary except those concerning disciplinary matters.

According to the conditions determined by an Institutional Act, a referral may be

made to the High Council of the Judiciary by a person awaiting trial.

The Institutional Act shall determine the manner in which this article is to be

implemented.

ARTICLE 66.

No one shall be arbitrarily detained.

The Judicial Authority, guardian of the freedom of the individual, shall ensure

compliance with this principle in the conditions laid down by statute.

ARTICLE 66-1.

No one shall be sentenced to death.

T i tle I X

THE HIGH COURT

ARTICLE 67.

The President of the Republic shall incur no liability by reason of acts carried out in

his official capacity, subject to the provisions of Articles 53-2 and 68 hereof.

Throughout his term of office the President shall not be required to testify before

any French Court of law or Administrative authority and shall not be the object of

any civil proceedings, nor of any preferring of charges, prosecution or investigatory

measures. All limitation periods shall be suspended for the duration of said term of

office.

All actions and proceedings thus stayed may be reactivated or brought against the

President one month after the end of his term of office.

ARTICLE 68.

The President of the Republic shall not be removed from office during the term

thereof on any grounds other than a breach of his duties patently incompatible with

his continuing in office. Such removal from office shall be proclaimed by

Parliament sitting as the High Court.

The proposal to convene the High Court adopted by one or other of the Houses of

Parliament shall be immediately transmitted to the other House which shall make its

decision known within fifteen days of receipt thereof.

The High Court shall be presided over by the President of the National Assembly. It

shall give its ruling as to the removal from office of the President, by secret ballot,

within one month. Its decision shall have immediate effect.

Rulings given hereunder shall require a majority of two thirds of the members of the

House involved or of the High Court. No proxy voting shall be allowed. Only votes

in favour of the removal from office or the convening of the High Court shall be

counted.

An Institutional Act shall determine the conditions for the application hereof.

T i tle X

ON THE CRIMINAL LIABILITY

OF THE GOVERNMENT

ARTICLE 68-1.

Members of the Government shall be criminally liable for acts performed in the

holding of their office and classified as serious crimes or other major offences at the

time they were committed.

They shall be tried by the Court of Justice of the Republic.

The Court of Justice of the Republic shall be bound by such definition of serious

crimes and other major offences and such determination of penalties as are laid

down by statute.

ARTICLE 68-2.

The Court of Justice of the Republic shall consist of fifteen members: twelve

Members of Parliament, elected in equal number from among their ranks by the

National Assembly and the Senate after each general or partial renewal by election

of these Houses, and three judges of the Cour de cassation, one of whom shall

preside over the Court of Justice of the Republic.

Any person claiming to be a victim of a serious crime or other major offence

committed by a member of the Government in the holding of his office may lodge a

complaint with a petitions committee.

This committee shall order the case to be either closed or forwarded to the Chief

Public Prosecutor at the Cour de cassation for referral to the Court of Justice of the

Republic.

The Chief Public prosecutor at the Cour de cassation may also make a referral ex

officio to the Court of Justice of the Republic with the assent of the petitions

committee.

An Institutional Act shall determine the manner in which this article is to be

implemented.

ARTICLE 68-3.

The provisions of this title shall apply to acts committed before its entry into force.

T i tle XI

THE ECONOMIC, SOCIAL AND

ENVIRONMENTAL COUNCIL

ARTICLE 69.

The Economic and Social Council, on a referral from the Government, shall give its

opinion on such Government Bills, draft Ordinances, draft Decrees, and Private

Members’ Bills as have been submitted to it.

A member of the Economic and Social Council may be designated by the Council to

present, to the Houses of Parliament, the opinion of the Council on such drafts,

Government or Private Members’ Bills as have been submitted to it.

ARTICLE 69

(1)

The Economic, Social and Environmental Council, on a referral from the

Government, shall give its opinion on such Government Bills, draft Ordinances,

draft Decrees, and Private Members’ Bills as have been submitted to it.

A member of the Economic, Social and Environmental Council may be designated

by the Council to present, to the Houses of Parliament, the opinion of the Council

on such drafts, Government or Private Members’ Bills as have been submitted to it.

A referral may be made to the Economic, Social and Environmental Council by

petition, in the manner determined by an Institutional Act. After consideration of the

petition, it shall inform the Government and Parliament of the pursuant action it

proposes.

ARTICLE 70.

The Economic, Social and Environmental Council may also be consulted by the

Government or Parliament on any economic, social or environmental issue. The

Government may also consult it on Programming Bills setting down the multiannual

guidelines for public finances. Any plan or Programming Bill of an economic, social

or environmental nature shall be submitted to it for its opinion.

ARTICLE 71.

The composition of the Economic, Social and Environmental Council, which shall

not exceed two hundred and thirty-three members, and its rules of proceeding shall

be determined by an Institutional Act.

Title XI A

THE DEFENDER OF RIGHTS

ARTICLE 71-1

(1)

(1) See Warning.

The Defender of Rights shall ensure the due respect of rights and freedoms by state

administrations, territorial communities, public legal entities, as well as by all

bodies carrying out a public service mission or by those that the Institutional Act

decides fall within his remit.

Referral may be made to the Defender of Rights, in the manner determined by an

Institutional Act, by every person who considers his rights to have been infringed by

the operation of a public service or of a body mentioned in the first paragraph. He

may act without referral.

The Institutional Act shall set down the mechanisms for action and the powers of the

Defender of Rights. It shall determine the manner in which he may be assisted by

third parties in the exercise of certain of his powers.

The Defender of Rights shall be appointed by the President of the Republic for a six-

year, non-renewable term, after the application of the procedure provided for in the

last paragraph of article 13. This position is incompatible with membership of the

Government or membership of Parliament. Other incompatibilities shall be

determined by the Institutional Act.

The Defender of Rights is accountable for his actions to the President of the

Republic and to Parliament.

T i tle XI I

ON TERRITORIAL COMMUNITIES

ARTICLE 72.

The territorial communities of the Republic shall be the Communes, the

Departments, the Regions, the Special-Status communities and the Overseas

Territorial communities to which article 74 applies. Any other territorial community

created, if need be, to replace one or more communities provided for by this

paragraph shall be created by statute.

Territorial communities may take decisions in all matters arising under powers that

can best be exercised at their level.

In the conditions provided for by statute, these communities shall be self-governing

through elected councils and shall have power to make regulations for matters

coming within their jurisdiction.

In the manner provided for by an Institutional Act, except where the essential

conditions for the exercise of public freedoms or of a right guaranteed by the

Constitution are affected, territorial communities or associations thereof may, where

provision is made by statute or regulation, as the case may be, derogate on an

(1) See Warning.

experimental basis for limited purposes and duration from provisions laid down by

statute or regulation governing the exercise of their powers.

No territorial community may exercise authority over another. However, where the

exercising of a power requires the combined action of several territorial

communities, one of those communities or one of their associations may be

authorised by statute to organise such combined action.

In the territorial communities of the Republic, the State representative, representing

each of the members of the Government, shall be responsible for national interests,

administrative supervision and compliance with the law.

ARTICLE 72-1.

The conditions in which voters in each territorial community may use their right of

petition to ask for a matter within the powers of the community to be entered on the

agenda of its Deliberative Assembly shall be determined by statute.

In the conditions determined by an Institutional Act, draft decisions or acts within

the powers of a territorial community may, on the initiative of the latter, be

submitted for a decision by voters of said community by means of a referendum.

When the creation of a special-status territorial community or modification of its

organisation are contemplated, a decision may be taken by statute to consult the

voters registered in the relevant communities. Voters may also be consulted on

changes to the boundaries of territorial communities in the conditions determined by

statute.

ARTICLE 72-2.

Territorial communities shall enjoy revenue of which they may dispose freely in the

conditions determined by statute.

They may receive all or part of the proceeds of taxes of all kinds. They may be

authorised by statute to determine the basis of assessment and the rates thereof,

within the limits set by such statutes.

Tax revenue and other own revenue of territorial communities shall, for each

category of territorial community, represent a decisive share of their revenue. The

conditions for the implementation of this rule shall be determined by an Institutional

Act.

Whenever powers are transferred between central government and the territorial

communities, revenue equivalent to that given over to the exercise of those powers

shall also be transferred. Whenever the effect of newly created or extended powers

is to increase the expenditure to be borne by territorial communities, revenue as

determined by statute shall be allocated to said communities.

Equalisation mechanisms intended to promote equality between territorial

communities shall be provided for by statute.

ARTICLE 72-3.

The Republic shall recognise the overseas populations within the French people in a

common ideal of liberty, equality and fraternity.

Guadeloupe, Guyane, Martinique, La Réunion, Mayotte, Saint-Barthélemy, Saint-

Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands and French

Polynesia shall be governed by article 73 as regards overseas departments and

regions and for the territorial communities set up under the final paragraph of article

73, and by article 74 for the other communities.

The status of New Caledonia shall be governed by title XIII.

The legislative system and special organisation of the French Southern and

Antarctic Territories and Clipperton shall be determined by statute.

ARTICLE 72-4.

No change of status as provided for by articles 73 and 74 with respect to the whole

or part of any one of the communities to which the second paragraph of article 72-3

applies, shall take place without the prior consent of voters in the relevant

community or part of a community being sought in the manner provided for by the

paragraph below. Such change of status shall be made by an Institutional Act.

The President of the Republic may, on a recommendation from the Government

when Parliament is in session or on a joint motion of the two Houses, published in

either case in the Journal Officiel, decide to consult voters in an overseas territorial

community on a question relating to its organisation, its powers or its legislative

system. Where the referendum concerns a change of status as provided for by the

foregoing paragraph and is held in response to a recommendation by the

Government, the Government shall make a statement before each House which shall

be followed by debate.

ARTICLE 73.

In the overseas departments and regions, statutes and regulations shall be

automatically applicable. They may be adapted in the light of the specific

characteristics and constraints of such communities.

Those adaptations may be decided on by the communities in areas in which their

powers are exercised if the relevant communities have been empowered to that end

by statute.

By way of derogation from the first paragraph hereof and in order to take account of

their specific features, communities to which this article applies may be empowered

by statute to determine themselves the rules applicable in their territory in a limited

number of matters that fall to be determined by statute.

These rules may not concern nationality, civic rights, the guarantees of civil

liberties, the status and capacity of persons, the organisation of justice, criminal law,

criminal procedure, foreign policy, defence, public security and public order,

currency, credit and exchange, or electoral law. This list may be clarified and

amplified by an Institutional Act.

The two foregoing paragraphs shall not apply in the department and region of

La Réunion.

The powers to be conferred pursuant to the second and third paragraphs hereof shall

be determined at the request of the relevant territorial community in the conditions

and subject to the reservations provided for by an Institutional Act. They may not be

conferred where the essential conditions for the exercise of civil liberties or of a

right guaranteed by the Constitution are affected.

The setting up by statute of a territorial community to replace an overseas

department and region or a single Deliberative Assembly for the two communities

shall not be carried out unless the consent of the voters registered there has first

been sought as provided by the second paragraph of article 72-4.

ARTICLE 73

(1)

In the overseas departments and regions, statutes and regulations shall be

automatically applicable. They may be adapted in the light of the specific

characteristics and constraints of such communities.

Those adaptations may be decided on by the communities in areas in which their

powers are exercised if the relevant communities have been empowered to that end

by statute or by regulation, whichever is the case.

By way of derogation from the first paragraph hereof and in order to take account

of their specific features, communities to which this article applies may be

empowered by statute or by regulation, whichever is the case, to determine

themselves the rules applicable in their territory in a limited number of matters that

fall to be determined by statute or by regulation.

These rules may not concern nationality, civic rights, the guarantees of civil

liberties, the status and capacity of persons, the organisation of justice, criminal

law, criminal procedure, foreign policy, defence, public security and public order,

currency, credit and exchange, or electoral law. This list may be clarified and

amplified by an Institutional Act.

The two foregoing paragraphs shall not apply in the department and region of

La Réunion.

The powers to be conferred pursuant to the second and third paragraphs hereof

shall be determined at the request of the relevant territorial community in the

conditions and subject to the reservations provided for by an Institutional Act. They

(1) See Warning.

may not be conferred where the essential conditions for the exercise of civil liberties

or of a right guaranteed by the Constitution are affected.

The setting up by statute of a territorial community to replace an overseas

department and region or a single Deliberative Assembly for the two communities

shall not be carried out unless the consent of the voters registered there has first

been sought as provided by the second paragraph of article 72-4.

RTICLE 74.

The Overseas territorial communities to which this article applies shall have a status

reflecting their respective local interests within the Republic.

This status shall be determined by an Institutional Act, passed after consultation of

the Deliberative Assembly, which shall specify:

- the conditions in which statutes and regulations shall apply there;

- the powers of the territorial community; subject to those already exercised by said

community the transfer of central government powers may not involve any of the

matters listed in paragraph four of article 73, as specified and completed, if need

be, by an Institutional Act;

- the rules governing the organisation and operation of the institutions of the

territorial community and the electoral system for its Deliberative Assembly;

- the conditions in which its institutions are consulted on Government or Private

Members’ Bills and draft Ordinances or draft Decrees containing provisions

relating specifically to the community and to the ratification or approval of

international undertakings entered into in matters within its powers.

The Institutional Act may also, for such territorial communities as are self-

governing, determine the conditions in which:

- the Conseil d’État shall exercise specific judicial review of certain categories of

decisions taken by the Deliberative Assembly in matters which are within the

powers vested in it by statute;

- the Deliberative Assembly may amend a statute promulgated after the coming into

effect of the new status of said territorial community where the Constitutional

Council, acting in particular on a referral from the authorities of the territorial

community, has found that statute law has intervened in a field within the powers

of said Assembly;

- measures justified by local needs may be taken by the territorial community in

favour of its population as regards access to employment, the right of

establishment for the exercise of a professional activity or the protection of land;

- the community may, subject to review by the central government, participate in the

exercise of the powers vested in it while showing due respect for the guaranties

given throughout national territory for the exercising of civil liberties.

The other rules governing the specific organisation of the territorial communities to

which this article applies shall be determined and amended by statute after

consultation with their Deliberative Assembly.

ARTICLE 74-1.

In the Overseas territorial communities referred to by Article 74 and in New

Caledonia, the Government may, in matters which remain within the power of the

State, extend by Ordinance, with any necessary adaptations, the statutory provisions

applying in mainland France, or adapt the statutory provisions applying, to the

specific organization of the community in question, provided statute law has not

expressly excluded the use of this procedure for the provisions involved.

Such Ordinances shall be issued in the Council of Ministers after receiving the

opinion of the relevant Deliberative Assemblies and the Conseil d’État. They shall

come into force upon publication. They shall lapse if they are not ratified by

Parliament within eighteen months of their publication.

ARTICLE 75.

Citizens of the Republic who do not have ordinary civil status, the sole status

referred to in Article 34, shall retain their personal status until such time as they

have renounced the same.

ARTICLE 75-1.

Regional languages are part of France’s heritage.

Title XIII

TRANSITIONAL PROVISIONS PERTAINING

TO NEW CALEDONIA

ARTICLE 76.

The population of New Caledonia is called upon to vote by 31 December, 1998 on

the provisions of the agreement signed at Nouméa on 5 May, 1998, published in the

Journal Officiel of the French Republic on 27 May, 1998.

Persons satisfying the requirements laid down in article 2 of Act No. 88-1028 of

9 November, 1988 shall be eligible to take part in the vote.

The measures required to organize the voting process shall be taken by decree

adopted after consultation with the Conseil d’État and discussion in the Council of

Ministers.

ARTICLE 77.

After approval of the agreement by the vote provided for in article 76, the

Institutional Act passed after consultation with the Deliberative Assembly of New

Caledonia shall determine, in order to ensure the development of New Caledonia in

accordance with the guidelines set out in that agreement and in the manner required

for its implementation:

- those of the State’s powers which are to be definitively transferred to the

institutions of New Caledonia, the applicable time frame and the manner in which

said transfer shall be proceeded with, together with the apportionment of

expenditure arising in connection therewith;

- the rules governing the organization and operation of the institutions of New

Caledonia, in particular the circumstances in which certain kinds of decisions

taken by the Deliberative Assembly of New Caledonia may be referred to the

Constitutional Council for review before publication;

- the rules concerning citizenship, the electoral system, employment, and personal

status as laid down by customary law;

- the conditions and the time limits within which the population concerned in New

Caledonia is to vote on the attainment of full sovereignty.

Any other measures required to give effect to the agreement referred to in article 76

shall be determined by statute.

For the purpose of defining the body of electors called upon to elect members of the

Deliberative Assemblies of New Caledonia and the provinces, the list referred to in

the Agreement mentioned in Article 76 hereof and Sections 188 and 189 of

Institutional Act n° 99-209 of March 19, 1999 pertaining to New Caledonia is the

list drawn up for the ballot provided for in Article 76 hereinabove which includes

those persons not eligible to vote.

Articles 78 to 86 repealed

T i tle XI V

ON THE FRENCH-SPEAKING WORLD AND

ON ASSOCIATION AGREEMENTS

ARTICLE 87.

The Republic shall participate in the development of solidarity and cooperation

between States and peoples having the French language in common.

ARTICLE 88.

The Republic may enter into agreements with States which wish to associate with it

in order to develop their civilizations.

T i tle XV

ON THE EUROPEAN COMMUNITIES AND

THE EUROPEAN UNION

ON THE EUROPEAN UNION

(1)

ARTICLE 88-1.

The Republic shall participate in the European Communities and in the European

Union constituted by States which have freely chosen by virtue of the treaties which

established them to exercise some of their powers in common.

It shall participate in the European Union in the conditions provided for by the

Treaty of Lisbon amending the Treaty on European Union and the Treaty

establishing the European Community, signed on 13 December, 2007.

ARTICLE 88-1

(1)

The Republic shall participate in the European Union constituted by States which

have freely chosen to exercise some of their powers in common by virtue of the

Treaty on European Union and of the Treaty on the Functioning of the European

Union, as they result from the treaty signed in Lisbon on 13 December, 2007.

ARTICLE 88-2.

Subject to reciprocity and in accordance with the terms of the Treaty on European

Union signed on 7 February 1992, France agrees to the transfer of powers necessary

for the establishment of the European Economic and Monetary Union.

Subject to the same reservation and in accordance with the terms of the Treaty

establishing the European Community, as amended by the Treaty signed on 2

October 1997, the transfer of powers necessary for the determination of rules

concerning freedom of movement for persons and related areas may be agreed.

Statutes shall determine the rules relating to the European arrest warrant pursuant to

acts adopted under the Treaty of European Union.

(1) See Warning.

ARTICLE 88-2

(1)

Statutes shall determine the rules relating to the European arrest warrant pursuant

to acts adopted by the institutions on the European Union.

ARTICLE 88-3.

Subject to reciprocity and in accordance with the terms of the Treaty on European

Union signed on 7 February 1992, the right to vote and stand as a candidate in

municipal elections shall be granted only to citizens of the Union residing in France.

Such citizens shall neither hold the office of Mayor or Deputy Mayor nor participate

in the designation of Senate electors or in the election of Senators. An Institutional

Act passed in identical terms by the two Houses shall determine the manner of

implementation of this article.

ARTICLE 88-4.

The Government shall lay before the National Assembly and the Senate drafts of or

proposals for Acts of the European Communities and the European Union

containing provisions which are of a statutory nature as soon as they have been

transmitted to the Council of the European Union. It may also lay before them other

drafts of or proposals for Acts or any instrument issuing from a European Union

Institution.

In the manner laid down by the Rules of Procedure of each House, resolutions may

be passed, even if Parliament is not in session, on the drafts, proposals or

instruments referred to in the preceding paragraph.

A committee in charge of European affairs shall be set up in each of the Houses of

Parliament.

ARTICLE 88-4

(1)

The government shall lay before the National Assembly and the Senate drafts of

European legislative acts as well as other drafts of or proposals for acts of the

European Union as soon as they have been transmitted to the Council of the

European Union.

In the manner laid down by the Rules of Procedure of each House, European

resolutions may be passed, even if Parliament is not in session, on the drafts or

proposals referred to in the preceding paragraph, as well as on any document

issuing from a European Union Institution.

A committee in charge of European affairs shall be set up in each of the Houses of

Parliament.

(1) See Warning.

ARTICLE 88-5.

Any Government Bill authorizing the ratification of a treaty pertaining to the

accession of a state to the European Union and to the European Communities shall

be submitted to referendum by the President of the Republic.

Notwithstanding the foregoing, by passing a motion adopted in identical terms in

each House by a three-fifths majority, Parliament may authorize the passing of the

Bill according to the procedure provided for in paragraph three of article 89.

ARTICLE 88-5

(1)

Any Government Bill authorizing the ratification of a treaty pertaining to the

accession of a state to the European Union shall be submitted to referendum by the

President of the Republic.

Notwithstanding the foregoing, by passing a motion adopted in identical terms in

each House by a three-fifths majority, Parliament may authorize the passing of the

Bill according to the procedure provided for in paragraph three of article 89.

ARTICLE 88-6

(1)

The National Assembly or the Senate may issue a reasoned opinion as to the

conformity of a draft proposal for a European Act with the principle of subsidiarity.

Said opinion shall be addressed by the President of the House involved to the

Presidents of the European Parliament, the Council of the European Union and the

European Commission. The Government shall be informed of said opinion.

Each House may institute proceedings before the Court of Justice of the European

Union against a European Act for non-compliance with the principle of subsidiarity.

Such proceedings shall be referred to the Court of Justice of the European Union by

the Government.

For the purpose of the foregoing, resolutions may be passed, even if Parliament is

not in session, in the manner set down by the Rules of Procedure of each House for

the tabling and discussion thereof. Such proceedings shall be obligatory upon the

request of sixty Members of the National Assembly or sixty Senators.

ARTICLE 88-7

(1)

Parliament may, by the passing of a motion in identical terms by the National

Assembly and the Senate, oppose any modification of the rules governing the

passing of Acts of the European Union in cases provided for under the simplified

revision procedure for treaties or under judicial cooperation on civil matters, as set

forth in the Treaty on European Union and the Treaty on the Functioning of the

(1) See Warning.

European Union, as they result from the treaty signed in Lisbon on December 13,

2007.

T i tle XV I

ON AMENDMENTS TO THE CONSTITUTION

ARTICLE 89.

The President of the Republic, on the recommendation of the Prime Minister, and

Members of Parliament alike shall have the right to initiate amendments to the

Constitution.

A Government or a Private Member’s Bill to amend the Constitution must be

considered within the time limits set down in the third paragraph of article 42 and be

passed by the two Houses in identical terms. The amendment shall take effect after

approval by referendum.

However, a Government Bill to amend the Constitution shall not be submitted to

referendum where the President of the Republic decides to submit it to Parliament

convened in Congress; the Government Bill to amend the Constitution shall then be

approved only if it is passed by a three-fifths majority of the votes cast. The Bureau

of the Congress shall be that of the National Assembly.

No amendment procedure shall be commenced or continued where the integrity of

national territory is placed in jeopardy.

The republican form of government shall not be the object of any amendment.

T i tle XV I I

(REPEALED)

CHARTER FOR THE ENVIRONMENT

The French People,

Having considered that

Natural resources and equilibria have conditioned the emergence of mankind;

The future and very existence of mankind are inextricably linked with its natural

environment;

The environment is the common heritage of all human beings;

Man exerts ever-increasing influence over the conditions for life and over his own

evolution;

Biological diversity, the fulfilment of the individual and the progress of human

societies are affected by certain types of consumption or production and by

excessive exploitation of natural resources;

The safeguarding of the environment is a goal to be pursued in the same way as the

other fundamental interests of the Nation;

In order to ensure sustainable development, choices designed to meet the needs of

the present generation should not jeopardise the ability of future generations and

other peoples to meet their own needs,

Hereby proclaim:

Art 1 – Each person has the right to live in a balanced environment which shows

due respect for health.

Art 2 – Each person has a duty to participate in preserving and enhancing the

environment.

Art 3 – Each person shall, in the conditions provided for by law, foresee and avoid

the occurrence of any damage which he or she may cause to the environment or,

failing that, limit the consequences of such damage.

Art 4 – Each person shall be required, in the conditions provided for by law, to

contribute to the making good of any damage he or she may have caused to the

environment.

Art 5 - When the occurrence of any damage, albeit unpredictable in the current state

of scientific knowledge, may seriously and irreversibly harm the environment,

public authorities shall, with due respect for the principle of precaution and the areas

within their jurisdiction, ensure the implementation of procedures for risk

assessment and the adoption of temporary measures commensurate with the risk

involved in order to dal with the occurrence of such damage.

Art 6- Public policies shall promote sustainable development. To this end they shall

reconcile the protection and enhancement of the environment with economic

development and social progress.

Art 7 – Each person has the right, in the conditions and to the extent provided for by

law, to have access to any information pertaining to the environment in the

possession of public bodies and to participate in the public decision-making process

likely to affect the environment.

Art 8 - Education and training with regard to the environment shall contribute to the

exercising of the rights and duties set out in this Charter.

Art 9 - Research and innovation shall contribute to the preservation and

development of the environment.

Art 10 - This Charter shall inspire France’s actions at both a European and an

international level.