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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.
By virtue of these principles and that of the self-determination of peoples,
the Republic offers to the overseas territories that express the will
to adhere to them new institutions founded on the common ideal of liberty,
equality and fraternity and conceived with a view to 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.
TITLE 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 motto of the Republic shall be " Liberty, Equality, Fraternity
".
Its principle shall be : government of the people, by the people and for
the people.
Article 3
National sovereignty shall belong to 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 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
by statute.
Statutes shall promote equal access by women and men to elective offices
and positions.
Article 4
Political parties and groups shall contribute to the exercise of suffrage.
They shall be formed and carry on their activities freely. They must respect
the principles of national sovereignty and democracy.
They shall contribute to the implementation of the principle set out in
the last paragraph of article 3 as provided by statute.
TITLE II - THE PRESIDENT OF THE REPUBLIC
Article 5
The President of the Republic shall see that the Constitution is observed.
He shall ensure, by his arbitration, the proper functioning of the public
authorities and the continuity of the State.
He shall be the guarantor of national independence, territorial integrity
and observance of treaties.
Article 6
The President of the Republic shall be elected for five years by direct
universal suffrage.
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 the votes cast. If such a majority is not obtained on the first ballot,
a second ballot shall take place on the second following Sunday. Only
the two candidates who received the greatest number of votes in the first
ballot, account being taken of any withdrawal of candidates with more
votes, may stand in the second ballot.
Balloting shall be begun by a writ of election issued by the Government.
The election of the new President shall be held not less than twenty days
and not 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 reference 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 permanent by the Constitutional Council, the ballot for the election
of the new President shall, except in the event of a finding by the Constitutional
Council of force majeure, be held not less than twenty days and not more
than thirty-five days after the beginning of the vacancy or the declaration
that the incapacity is permanent. If, in the seven days preceding the
last day for lodging presentations of candidature, any of the persons
who, less than thirty days prior to that day, have publicly announced
their decision to be a candidate dies or becomes incapacitated, the Constitutional
Council may decide to postpone the election.
If, before the first ballot, any of the candidates dies or becomes incapacitated,
the Constitutional Council shall declare the election postponed.
In the event of the death or incapacitation of either of the two candidates
in the lead in the first ballot before any withdrawals, the Constitutional
Council shall declare that the electoral procedure must be repeated in
full ; the same shall apply in the event of the death or incapacitation
of either of the two candidates remaining standing for the second ballot.
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 presentation of candidates in the institutional Act provided for in
article 6.
The Constitutional Council may extend the time limits set in the third
and fifth paragraphs, provided that polling takes place not 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 that the incapacity of the President
of the Republic is permanent 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 proposal of the Prime Minister, he shall appoint the other members
of the Government and terminate their appointments.
Article 9
The President of the Republic shall preside over the Council of Ministers.
Article 10
The President of the Republic shall promulgate Acts of Parliament within
fifteen days following the final adoption of an Act and its transmission
to the Government.
He may, before the expiry of this time limit, ask Parliament to reconsider
the Act or sections of the Act. Reconsideration shall not be refused.
Article 11
The President of the Republic may, on a proposal from the Government when
Parliament is in session or on a joint motion of the two assemblies, published
in either case 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 that, although not contrary to the Constitution, would
affect the functioning of the institutions.
Where the referendum is held in response to a proposal by the Government,
the latter shall make a statement before each assembly which shall be
followed by a debate.
Where the referendum decides in favour of the government bill, the President
of the Republic shall promulgate it 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 assemblies, declare the National Assembly dissolved.
A general election shall take place not less than twenty days and not
more than forty days after the dissolution.
The National Assembly shall convene as of right on the second Thursday
following its election. Should it so convene outside the period prescribed
for the ordinary session, a session shall be called by right for a fifteen-day
period.
No further dissolution shall take place within a year following this election.
Article 13
The President of the Republic shall sign the ordinances and decrees deliberated
upon in the Council of Ministers.
He shall make appointments to the civil and military posts of the State.
Conseillers d'Etat, the grand chancelier de la Légion d'Honneur,
ambassadors and envoys extraordinary, senior members of the Audit Court,
prefects, government representatives in the overseas territories, general
officers, recteurs des académies and heads of central government
services shall be appointed in the Council of Ministers.
An institutional Act shall determine the other posts to be filled in 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.
Article 14
The President of the Republic shall accredit ambassadors and envoys extraordinary
to foreign powers ; foreign ambassadors and envoys extraordinary shall
be accredited to him.
Article 15
The President of the Republic shall be commander-in-chief of the armed
forces. He shall preside over the higher national defence councils and
committees.
Article 16
Where the institutions of the Republic, the independence of the Nation,
the integrity of its territory or the fulfilment of its international
commitments are under serious and immediate threat, and where the proper
functioning of the constitutional public authorities is interrupted, the
President of the Republic shall take the measures required by these circumstances,
after formally consulting the Prime Minister, the Presidents of the assemblies
and the Constitutional Council.
He shall inform the Nation of these measures in a message.
The measures must stem from the desire to provide the constitutional public
authorities, in the shortest possible time, with the means to carry out
their duties. The Constitutional Council shall be consulted with regard
to such measures. Parliament shall convene as of right.
The National Assembly shall not be dissolved during the exercise of the
emergency powers.
Article 17
The President of the Republic has the right to grant pardon.
Article 18
The President of the Republic shall communicate with the two assemblies
of Parliament by means of messages, which he shall cause to be read and
which shall not be the occasion for any debate.
Outside sessions, Parliament shall be convened especially for this purpose.
Article 19
Acts of the President of the Republic, other than those provided for under
articles 8 (first paragraph), 11, 12, 16, 18, 54, 56 and 61, shall be
countersigned by the Prime Minister and, where required, by the appropriate
ministers.
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 responsible to Parliament in accordance with the terms and
procedures set out in articles 49 and 50.
Article 21
The Prime Minister shall direct the operation 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
Acts of the Prime Minister shall be countersigned, where required, by
the ministers responsible for their implementation.
Article 23
The duties of member of the Government shall be incompatible with the
exercise of any parliamentary office, any position of occupational representation
at national level, any public employment or any occupational 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.
TITLE IV - PARLIAMENT
Article 24
Parliament shall comprise the National Assembly and the Senate.
The deputies to the National Assembly shall be elected by direct suffrage.
The Senate shall be elected by indirect suffrage. The representation of
the territorial units of the Republic shall be ensured in the Senate.
French nationals settled outside France shall be represented in the Senate.
Article 25
An institutional Act shall determine the term for which each assembly
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 who,
in the event of a vacancy, are to replace deputies or senators whose seats
have become vacant, until the general or partial renewal by election of
the assembly to which they belonged.
Article 26
No Member of Parliament shall be prosecuted, investigated, arrested, detained
or tried in respect of opinions expressed or votes cast in the exercise
of his 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 assembly 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
a final sentence.
The detention, subjection to custodial or semi-custodial measures, or
prosecution of a Member of Parliament shall be suspended for the duration
of the session if the assembly of which he is a member so requires.
The assembly concerned shall convene as of right for additional sittings
in order to permit the preceding paragraph to be applied should circumstances
so require.
Article 27
Any binding instruction shall be void.
The right to vote of Members of Parliament shall be personal.
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 convene 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 assembly may sit during the ordinary
session shall not exceed one hundred and twenty. The sitting weeks shall
be determined by each assembly.
The Prime Minister, after consulting the President of the assembly concerned,
or the majority of the members of each assembly may decide to meet for
additional sitting days.
The days and hours of sittings shall be determined by the rules of procedure
of each assembly.
Article 29
Parliament shall convene in extraordinary session, at the request of the
Prime Minister or of the majority of the members of the National Assembly,
to consider a specific agenda.
Where an extraordinary session is held at the request of members of the
National Assembly, the decree closing it shall take effect once Parliament
has dealt with the agenda for which it was convened, or twelve days after
its first sitting, whichever shall be the earlier.
Only the Prime Minister may request a new session before the end of the
month following the decree closing an extraordinary session.
Article 30
Except where Parliament convenes as of right, extraordinary sessions shall
be opened and closed by decree of the President of the Republic.
Article 31
Members of the Government shall have access to the two assemblies.
They shall address either assembly whenever they so request. They may
be assisted by government commissioners.
Article 32
The President of the National Assembly shall be elected for the duration
of the term for which the Assembly is elected. The President of the Senate
shall be elected after each partial renewal by election.
Article 33
The sittings of the two assemblies shall be public. A verbatim report
of the debates shall be published in the Journal officiel.
Each assembly may sit in camera at the request of the Prime Minister or
of one tenth of its members.
TITLE V - ON RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT
Article 34
Statutes shall be passed by Parliament.
Statutes shall determine the rules concerning :
civic rights and the fundamental guarantees granted to citizens for the
exercise of their public liberties ; the obligations imposed for the purposes
of national defence upon citizens in respect of their persons and their
property ;
- nationality, the status and legal capacity of persons, matrimonial regimes,
inheritance and gifts ;
- the determination of serious crimes and other major offences and the
penalties applicable to them ; criminal procedure ; amnesty ; the establishment
of new classes of courts and tribunals and the regulations governing the
members of the judiciary ;
- the base, rates and methods of collection of taxes of all types ; the
issue of currency.
Statutes shall likewise determine the rules concerning :
- the electoral systems of parliamentary assemblies and local assemblies
;
- the creation of categories of public establishments ;
- the fundamental guarantees granted to civil and military personnel employed
by the State ;
- the nationalization of enterprises and transfers of ownership in enterprises
from the public to the private sector.
Statutes shall determine the fundamental principles of :
-the general organization of national defence ;
- the self-government of territorial units, their powers and their resources
;
- education ;
- the regime governing ownership, rights in rem and civil and commercial
obligations ;
- labour law, trade-union law and social security.
Finance Acts shall determine the resources and obligations of the State
in the manner and with the reservations specified in an institutional
Act.
Social security finance Acts shall determine the general conditions for
the financial balance of social security and, in the light of their revenue
forecasts, shall determine expenditure targets in the manner and with
the reservations specified in an institutional Act.
Programme Acts shall determine the objectives of the economic and social
action of the State.
The provisions of this article may be enlarged upon and complemented by
an institutional Act.
Article 35
A declaration of war shall be authorized by Parliament.
Article 36
Martial law shall be decreed in the Council of Ministers.
Its extension beyond twelve days may be authorized only by Parliament.
Article 37
Matters other than those that fall within the ambit of statute shall be
matters for regulation.
Acts of Parliament passed concerning these matters may be amended by decree
issued after consultation with the Conseil d'Etat. Any such Acts which
are passed after this Constitution has entered into force shall be amended
by decree only if the Constitutional Council has declared that they are
matters for regulation as defined in the preceding paragraph.
Article 38
In order to carry out its programme, the Government may ask Parliament
for authorization, for a limited period, to take measures by ordinance
that are normally a matter for statute.
Ordinances shall be issued in the Council of Ministers, after consultation
with the Conseil d'Etat. They shall come into force upon publication,
but shall lapse if the bill to ratify them is not laid before Parliament
before the date set by the enabling Act.
At the end of the period referred to in the first paragraph of this article,
ordinances may be amended only by an Act of Parliament in those areas
which are matters for statute.
Article 39
The Prime Minister and Members of Parliament alike shall have the right
to initiate statutes. Government bills shall be discussed in the Council
of Ministers after consultation with the Conseil d'Etat and shall be introduced
in one of the two assemblies.
Finance bills and social security finance bills shall be presented first
to the National Assembly.
Article 40
Bills and amendments introduced by Members of Parliament shall not be
admissible where their adoption would have as a consequence either a diminution
of public resources or the creation or increase of an item of public expenditure.
Article 41
Should it be found in the course of the legislative process that a Member's
bill or amendment is not a matter for statute or is contrary to a delegation
granted by virtue of article 38, the Government may object that it is
inadmissible.
In the event of disagreement between the Government and the President
of the assembly concerned, the Constitutional Council, at the request
of one or the other, shall rule within eight days.
Article 42
The discussion of government bills shall pertain, in the assembly which
first has the bill before it, to the text introduced by the Government.
An assembly which has before it a text passed by the other assembly shall
deliberate upon that text.
Article 43
Government and Members' bills shall, at the request of the Government
or of the assembly having the bill before it, be referred for consideration
to committees specially set up for this purpose.
Government and Members' bills concerning which such a request has not
been made shall be referred to one of the standing committees, the number
of which shall be limited to six in each assembly.
Article 44
Members of Parliament and the Government shall have the right of amendment.
Once the 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 assembly having the bill before it
shall decide by a single vote on all or part of the text under discussion,
on the sole basis of the amendments proposed or accepted by the Government.
Article 45
Every government or Member's bill shall be considered successively in
the two assemblies of Parliament with a view to the adoption of an identical
text.
If, as a result of a disagreement between the two assemblies, it has proved
impossible to adopt a government or Member's bill after two readings by
each assembly or, if the Government has declared the matter urgent, after
a single reading by each of them, the Prime Minister may convene a joint
committee, composed of an equal number of members from each assembly,
to propose a text on the provisions still under discussion.
The text drafted by the joint committee may be submitted by the Government
to both assemblies for approval. No amendment shall be admissible without
the consent of the Government.
If the joint committee does not succeed in adopting a common text, or
if the text is not adopted as provided in the preceding paragraph, the
Government may, after a further reading by the National Assembly and by
the Senate, ask the National Assembly to make a final decision. In that
event, the National Assembly may reconsider either the text drafted by
the joint committee, or the last text passed by itself, as modified, if
such is the case, by any amendment or amendments adopted by the Senate.
Article 46
Acts of Parliament that the Constitution characterizes as institutional
shall be passed and amended as provided in this article.
A government or Member's bill shall not be debated and put to the vote
in the assembly in which it was first introduced until fifteen days have
elapsed since its introduction.
The procedure set out in article 45 shall apply. Nevertheless, in the
absence of agreement between the two assemblies, the text may be adopted
by the National Assembly on final reading only by an absolute majority
of its members.
Institutional Acts relating to the Senate must be passed in identical
terms by the two assemblies.
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 by an institutional
Act.
Should the National Assembly fail to reach a decision on first reading
within forty days following the introduction of a bill, the Government
shall refer the bill to the Senate, which must rule 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 establishing the resources and expenditures for
a financial year not be introduced 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 the commitments already voted for.
The time limits set by this article shall be suspended when Parliament
is not in session.
The Audit Court shall assist Parliament and the Government in monitoring
the implementation of finance Acts.
Article 47-1
Parliament shall pass social security finance bills in the manner provided
by an institutional Act.
Should the National Assembly fail to reach a decision on first reading
within twenty days following the introduction of a bill, the Government
shall refer the bill to the Senate, which must rule 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 assembly, during the weeks when
it has decided not to sit in accordance with the second paragraph of article
28.
The Audit Court shall assist Parliament and the Government in monitoring
the implementation of social security finance Acts.
Article 48
Without prejudice to the application of the last three paragraphs of article
28, precedence shall be given on the agendas of the assemblies, and in
the order determined by the Government, to the discussion of government
bills and of Members' bills accepted by the Government. At one sitting
a week at least precedence shall be given to questions from Members of
Parliament and to answers by the Government. At one sitting a month precedence
shall be given to the agenda determined by each assembly.
Article 49
The Prime Minister, after deliberation by the Council of Ministers, may
make the Government's programme or possibly a statement of its general
policy an issue of its responsibility before the National Assembly.
The National Assembly may raise an issue of the Government's responsibility
by passing a motion of censure. Such a motion 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
motion has been introduced. Only the votes in favour of the motion of
censure shall be counted ; the motion of censure shall not be adopted
unless it is voted for by the majority of the members of the Assembly.
Except as provided in the following paragraph, a deputy shall not sign
more than three motions of censure during a single ordinary session and
more than one during a single extraordinary session.
The Prime Minister may, after deliberation by the Council of Ministers,
make the passing of a bill an issue of the Government's responsibility
before the National Assembly. In that event, the bill shall be considered
adopted unless a motion of censure, introduced within the subsequent twenty-four
hours, is carried as provided in the preceding paragraph.
The Prime Minister may ask the Senate to approve a statement of general
policy.
Article 50
Where the National Assembly carries a motion of censure, or where it fails
to endorse the programme or a statement of general policy of the Government,
the Prime Minister must tender the resignation of the Government to the
President of the Republic.
Article 51
The closing of ordinary or extraordinary sessions shall be postponed by
right in order to permit the application of article 49, if the case arises.
Additional sittings shall be held by right for the same purpose.
TITLE VI - 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, commercial treaties, treaties or agreements relating to
international organization, those that commit the finances of the State,
those that modify provisions which are matters for statute, those relating
to the status of persons, and those that involve the cession, exchange
or addition of territory, may be ratified or approved only by virtue of
an Act of Parliament.
They shall not take effect until they have been ratified or approved.
No cession, exchange or addition of territory shall be valid without the
consent of the population concerned.
Article 53-1
The Republic may conclude, with European States that are bound by commitments
identical with its own in the matter of asylum and the protection of human
rights and fundamental freedoms, agreements determining their respective
jurisdiction in regard to the consideration of requests for asylum submitted
to them.
However, even if the request does not fall within their jurisdiction under
the terms of these 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 for some other
reason.
Article 53-2
The Republic may recognize the jurisdiction of the International Criminal
Court as provided by the treaty signed on 18 July 1998.
Article 54
If the Constitutional Council, on a reference from the President of the
Republic, from the Prime Minister, from the President of one or the other
assembly, or from sixty deputies or sixty senators, has declared that
an international commitment contains a clause contrary to the Constitution,
authorization to ratify or approve the international commitment in question
may be given only after amendment of the Constitution.
Article 55
Treaties or agreements duly ratified or approved shall, upon publication,
prevail over Acts of Parliament, subject, in regard to each agreement
or treaty, to its application by the other party.
TITLE VII - THE CONSTITUTIONAL COUNCIL
Article 56
The Constitutional Council shall consist of nine members, whose term of
office shall be nine years and shall not be renewable. 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 57
The office of member of the Constitutional Council shall be incompatible
with that of minister or Member 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 declare the results of the vote.
Article 59
The Constitutional Council shall rule on the proper conduct of the election
of deputies and senators in disputed cases.
Article 60
The Constitutional Council shall ensure the proper conduct of referendum
proceedings and shall declare the results of the referendum.
Article 61
Institutional Acts, before their promulgation, and the rules of procedure
of the parliamentary assemblies, before their entry into force, must 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, or sixty deputies or sixty senators.
In the cases provided for in the two preceding paragraphs, the Constitutional
Council must rule within one month. However, at the request of the Government,
if the matter is urgent, this period shall be reduced to eight days.
In these same cases, reference to the Constitutional Council shall suspend
the time limit for promulgation.
Article 62
A provision declared unconstitutional shall be neither promulgated nor
implemented.
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 allowed 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 regulations governing the members
of the judiciary.
Judges shall be irremovable.
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 vice-president ex
officio. He may deputize for the President of the Republic.
The High Council of the Judiciary shall consist of two sections, one with
jurisdiction for judges, the other for public prosecutors.
The section with jurisdiction for 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'Etat appointed by the Conseil
d'Etat, 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 for 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'Etat and the
three prominent citizens referred to in the preceding paragraph.
The section of the High Council of the Judiciary with jurisdiction for
judges shall make nominations for the appointment of judges in the Court
of Cassation, the first presidents of the courts of appeal and the presidents
of the tribunaux de grande instance. Other judges shall be appointed with
its assent.
It shall act as the disciplinary council for judges. When acting in that
capacity, it shall be presided over by the first president of the Court
of Cassation. The section of the High Council of the Judiciary with jurisdiction
for public prosecutors shall give its opinion on the appointment of public
prosecutors, with the exception of posts to be filled in the Council of
Ministers.
It shall give its opinion on disciplinary penalties with regard to public
prosecutors. When acting in that capacity, it shall be presided over by
the chief public prosecutor at the Court of Cassation.
An 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 individual liberty, shall ensure the
observance of this principle as provided by statute.
TITLE IX - THE HIGH COURT OF JUSTICE
Article 67
A High Court of Justice shall be established.
It shall be composed, in equal number, of members elected from among their
ranks by the National Assembly and the Senate, after each general or partial
renewal by election of these assemblies. It shall elect its President
from among its members.
An institutional Act shall determine the composition of the High Court
of Justice, its rules of operation and the procedure to be applied before
it.
Article 68
The President of the Republic shall not be held liable for acts performed
in the exercise of his duties except in the case of high treason. He may
be indicted only by the two assemblies ruling by identical votes in open
ballots and by an absolute majority of their members ; he shall be tried
by the High Court of Justice.
TITLE X - ON THE CRIMINAL LIABILITY OF MEMBERS OF THE GOVERNMENT
Article 68-1
Members of the Government shall be criminally liable for acts performed
in the exercise of their duties 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 assemblies, and three judges of the Court
of 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 exercise of his duties
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 Court of Cassation for referral to
the Court of Justice of the Republic.
The chief public prosecutor at the Court of Cassation may also make a
reference 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.
TITLE XI - THE ECONOMIC AND SOCIAL COUNCIL
Article 69
The Economic and Social Council, on a reference from the Government, shall
give its opinion on such government bills, draft ordinances or decrees,
and 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 parliamentary assemblies, the opinion of the Council
on such bills or drafts as have been submitted to it.
Article 70
The Economic and Social Council may likewise be consulted by the Government
on any economic or social issue. Any plan or programme bill of an economic
or social character shall be submitted to it for its opinion.
Article 71
The composition of the Economic and Social Council and its rules of procedure
shall be determined by an institutional Act.
TITLE XII - ON TERRITORIAL UNITS
Article 72
The territorial units of the Republic shall be the communes, the departments
and the overseas territories. Any other territorial unit shall be established
by statute.
These units shall be self-governing through elected councils and in the
manner provided by statute.
In the departments and the territories, the delegate of the Government
shall be responsible for national interests, administrative supervision
and the observance of the law.
Article 73
Measures may be taken to adapt the legislative system and administrative
organization of the overseas departments to their particular situation.
Article 74
The overseas territories of the Republic shall have a particular form
of organization which takes account of their own interests with due regard
for the general interest of the Republic.
The bodies of rules governing the overseas territories shall be established
by institutional Acts that define, inter alia, the jurisdiction of their
own institutions ; they shall be amended in accordance with the same procedure
after consultation with the territorial assembly concerned.
Other provisions concerning their particular form of organization shall
be defined and amended by statute after consultation with the territorial
assembly concerned.
Article 75
Citizens of the Republic who do not have ordinary civil status, the only
one referred to in article 34, shall retain their personal status so long
as they have not renounced it.
Article 76 (Repealed)
TITLE XIII - TRANSITIONAL PROVISIONS RELATING 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, which was 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 ballot shall be taken by decree
adopted after consultation with the Conseil d'Etat and discussion in the
Council of Ministers.
Article 77
After approval of the agreement by the vote provided for in article 76,
the institutionnal 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 as required for its implementation :
- the powers of the State which are to be transferred definitively to
the institutions of New Caledonia, at what time and in what manner such
transfers are to be made, and how the costs incurred thereby are to be
apportioned;
- the rules for the organization and operation of the institutions of
New Caledonia, notably the circumstances in which certain kinds of instrument
passed by the deliberative assembly 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 circumstances 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.
Articles 78 to 87
(Repealed)
TITLE XIV - ON ASSOCIATION AGREEMENTS
Article 88
The Republic may conclude agreements with States that wish to associate
themselves with it in order to develop their civilizations.
TITLE XV - ON THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION
Article 88-1
The Republic shall participate in the European Communities and in the
European Union constituted by States that have freely chosen, by virtue
of the treaties that established them, to exercise some of their powers
in common.
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 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.
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 exercise
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 assemblies shall determine the manner
of implementation of this article.
Article 88-4
The Government shall lay before the National Assembly and the Senate any
drafts of or proposals for instruments of the European Communities or
the European Union containing provisions which are matters for statute
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 instruments
or any document issuing from a European Union institution.
In the manner laid down by the rules of procedure of each assembly, resolutions
may be passed, even if Parliament is not in session, on the drafts, proposals
or documents referred to in the preceding paragraph.
TITLE XVI - ON THE AMENDMENT OF THE CONSTITUTION
Article 89
The President of the Republic, on a proposal by the Prime Minister, and
Members of Parliament alike shall have the right to initiate amendment
of the Constitution.
A government or a Member's bill to amend the Constitution shall be passed
by the two assemblies in identical terms. The amendment shall have 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 adopted 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 the territory is jeopardized.
The republican form of government shall not be the object of an amendment.
TITLE XVII - (Repealed)
Text updated following the constitutional amendment of 2 october 2000
modifying article 6, adopted by referendum (24 september 2000) .
This English translation was prepared under the joint responsibility
of the Press, Information and Communication Directorate of the Ministry
of Foreign Affairs and the European Affairs Department of the National
Assembly. The French original is the sole authentic text.
© Assemblée nationale et Ministère des Affaires
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