{ Status: 25 June 1992 }
Preamble
The French people hereby solemnly proclaim their dedication to
the Rights of Man and the principle of national sovereignty as
defined by the Declaration of 1789, reaffirmed and
complemented by the Preamble to the 1946
Constitution.
By virtue of these principles and that of the free determination
of peoples, the Republic offers to the Overseas Territories
expressly desiring this to adhere to them new institutions based
on the common ideal of liberty
Article 1 [Institution of Community]
(1) The Republic and the peoples of the Overseas Territories
who, by free determination, adopt the present Constitution
thereby institute a Community.
(2) The Community shall be based on the equality
Article 2 [State Form and Symbols]
(1) France is an indivisible, secular, democratic, and social
Republic. It ensures the equality of all citizens before the law,
without distinction as to origin, race, or religion. It respects all
beliefs.
(2) The language of the Republic is French.
(3) The national emblem is the blue, white, and red tricolor
flag.
(4) The national anthem is the "Marseillaise".
(5) The Motto
(6) Its principle is government of the people, by the people, and
for the people.
Article 3 [Electoral Rights]
(1) National sovereignty belongs to the people, who exercise it
through their representatives and by means of referendums.
(2) No section of the people, nor any individual, may abrogate
to themselves or to him or herself the exercise thereof.
(3) Suffrage may be direct or indirect under the terms stipulated
by the Constitution. It shall always be universal, equal, and
secret.
(4) All French citizens of both sexes who have attained their
majority and enjoy civil and political rights may vote under the
conditions determined by law.
Article 4 [Political Parties]
Political parties and groups shall be instrumental in the exercise
of the suffrage. They shall be freely formed and shall freely
carry on their activities. They must respect the principles of
national sovereignty and democracy.
Article 5 [Presidential Office]
(1) The President of the Republic shall see that the Constitution
is observed.
(2) He shall be the guarantor of national independence, the
integrity of the territory and observance of Community
agreements, and of treaties.
Article 6 [Term of Presidency]
The President of the Republic shall be elected for seven years
by direct universal suffrage. The procedures implementing this
Article shall be laid down in an organic act.
Article 7 [Election of President]
(1) The President of the Republic shall be elected by an
absolute majority of the votes cast. If this is not obtained on
the first ballot, there shall be a second ballot on the next
Sunday but one. Only the two candidates who have won the
greatest number of votes in the first ballot may stand in it, after
taking into account, if applicable, any withdrawals of candidates
who have received a higher vote.
(2) Voting shall begin at the formal summons of the
Government.
(3) The election of the new President shall take place not less
than twenty days and not more than thirty-five days before the
expiry of the powers of the President in office.
(4) In the event of the Presidency of the Republic falling vacant
for any cause whatsoever, or of an impediment being formally
recorded by the Constitutional Council upon referral to it by the
Government and ruling by an absolute majority of its members,
the functions of the President of the Republic, with the
exception of those laid down in Articles 11 and 12
below, shall be temporarily exercised by the President of the
Senate, or, if the latter is in his turn impeded from exercising
these functions, by the Government. In the event of a vacancy,
or when the impediment is declared permanent by the
Constitutional Council, polling for the election of a new
President shall take place, except in cases of force majeure
formally recognized by the Constitutional Council, not less than
twenty days and not more than thirty-five days after the
beginning of the vacancy or the declaration of the permanence
of the impediment. If one of the persons who publicly
announced their decision to stand for election less than thirty
days before the final date for lodging the presentations of
candidature dies or is otherwise prevented within seven days
prior to that date, the Constitutional Council may decide to
postpone the election.
(5) If one of the candidates dies or is otherwise prevented
before the first ballot, the Constitutional Council shall
pronounce the postponement of the election.
(6) Should one of the candidates heading the poll in the first
ballot die or be otherwise prevented prior to any withdrawals,
the Constitutional Council shall declare that the election
procedure must be repeated in full; the same shall apply in the
event of one of the candidates standing in the second ballot
dying or being otherwise prevented.
(7) All cases shall be referred to the Constitutional Council in
the manner set out in the second paragraph of Article 61
below or determined for the presentation of candidates in the
organic act provided for in Article 6 above.
(8) The Constitutional Council may extend the periods
stipulated in the third and fifth paragraphs, provided that polling
takes place not later than thirty-five days after the Constitutional
Council's decision. If implementation of the provisions of this
paragraph results in the postponement of the election to a date
after the expiry of the powers of the President in office, the
latter shall remain in office until the proclamation of his
successor.
(9) Neither Articles 49 and 50 nor Article
89 of the Constitution may be applied while the
Presidency of the Republic is vacant, nor during the period
between the declaration of the permanence of the impediment
preventing the President of the Republic from discharging his
duties and the election of his successor.
Article 8 [Prime Minister]
(1) The President of the Republic shall appoint the Prime
Minister. He shall terminate that appointment when the latter
tenders the resignation of the Government.
(2) On the proposal of the Prime Minister, he shall appoint the
other members of the Government and terminate their
appointments.
Article 9 [Council of Ministers]
The President of the Republic shall preside over the Council of
Ministers.
Article 10 [Promulgation, Veto]
(1) The President of the Republic shall promulgate laws within
fifteen days following the transmission to the Government of
the said laws as finally adopted.
(2) He may, before expiry of this time limit, ask Parliament to
reconsider a law or certain of its articles. This reconsideration
may not be refused.
Article 11 [Referendum]
(1) The President of the Republic may, on the proposal of the
Government during sessions, or on a joint motion of the two
Assemblies published in the Official Journal, submit to a
referendum any bill dealing with the organization of the
governmental authorities, entailing approval of a Community
agreement or providing for authority to ratify a treaty which,
though not unconstitutional, would affect the functioning of
[existing] institutions.
(2) When the referendum decides in favor of the bill, the
President of the Republic shall promulgate it within the time
limit stipulated in the preceding article.
Article 12 [Dissolution of National Assembly]
(1) The President of the Republic may, after consultation with
the Prime Minister and the Presidents of the Assemblies,
pronounce the dissolution of the National Assembly. A General
election shall take place not less than twenty days and not more
than forty days after the dissolution.
(2) The National Assembly shall meet ipso jure on the second
Thursday following its election. If this meeting takes place
outside the periods provided for ordinary sessions, a session
shall ipso jure be held for a fifteen-day period.
(3) No further dissolution may take place within a year
following this election.
Article 13 [Powers of President and Council of Ministers]
(1) The President of the Republic shall sign the ordinances and
orders decided upon in the Council of Ministers.
(2) He shall make appointments to the civil and military posts
of the State.
(3) Conseillers d'Etat, the Grand Chancelier de la Legion
d'Honneur, Ambassadors and envoys extraordinary, Conseillers
Maitres of the Cour des Comptes, Prefects, Government
representatives in the Overseas Territories, General Officers,
Recteurs d'academies and Directors of central administrations
shall be appointed by the Council of Ministers.
(4) An organic act shall determine the other posts to be filled by
decision of the Council of Ministers, together with the
conditions under which the power of appointment of the
President of the Republic may be delegated by him and
exercised in his name.
Article 14 [Diplomatic Affairs]
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 [Commander in Chief of Armed Foces]
The President of the Republic shall be commander-in-chief of
the armed forces
Article 16 [State of Emergency]
(1) When the institutions of the Republic, the independence of
the nation, the integrity of its territory, or the fulfillment of its
international commitments are under grave and immediate threat
and when the proper functioning of the constitutional
governmental authorities is interrupted, the President of the
Republic shall take the measures demanded by these
circumstances after official consultation with the Prime
Minister, the Presidents of the Assemblies, and the
Constitutional Council.
(2) He shall inform the nation of these measures by a message.
(3) These measures must be prompted by a will to ensure
within the shortest possible time that the constitutional
governmental authorities have the means of fulfilling their
duties. The Constitutional Council shall be consulted with
regard to such measures.
(4) Parliament shall meet ipso jure.
(5) The National Assembly may not be dissolved during the
exercise of emergency powers.
Article 17 [Right of Pardon]
The President of the Republic shall have the right of pardon.
Article 18 [Messages to Parliament]
(1) The President of the Republic shall communicate with the
two parliamentary Assemblies by means of messages, of which
he shall order a reading and which shall not give rise to any
debate.
(2) Between sessions, Parliament shall be convened especially
for this purpose.
Article 19 [Countersignature of Prime Minister]
Official decisions of the President of the Republic other than
those provided for under Articles 8 (1), 11,
12, 16, 18, 54, 56 and
61 shall be countersigned by the Prime Minister and,
where applicable, by the responsible ministers.
Article 20 [Governmental Functions]
(1) The Government shall determine and conduct the policy of
the nation.
(2) It shall have at its disposal the administration and the armed
forces.
(3) It shall be responsible to Parliament under the conditions
and in accordance with the procedures stipulated in Articles
49 and 50.
Article 21 [Head of Government]
(1) The Prime Minister shall direct the conduct of government
affairs. He shall be responsible for national defence. He shall
ensure the implementation of legislation. Subject to the
provisions of Article 13, he shall exercise the power to
make regulations and to make appointments to civil and military
posts.
(2) He may delegate certain of his powers to Ministers.
(3) Should the occasion arise, he shall deputize for the President
of the Republic as chairman of the councils and committees
provided for under Article 15.
(4) On an exceptional basis, he may deputize for him as
chairman of a meeting of the Council of Ministers by explicit
delegation and for a specific agenda.
Article 22 [Countersignature of Ministers]
The official decisions of the Prime Minister shall be
countersigned, where appropriate, by the ministers responsible
for their implementation.
Article 23 [Incompatibility]
(1) Membership of the Government shall be incompatible with
the exercise of any Parliamentary mandate, with the holding of
any representational office at national level in a trade
organization, and with any public employment or professional
activity.
(2) An organic act shall determine the conditions under which
the holders of such mandates, offices, or employment shall be
replaced.
(3) Members of Parliament shall be replaced in accordance with
the provisions of Article 25.
Article 24 [National Assembly, Senate]
(1) Parliament shall consist of the National Assembly and the
Senate.
(2) Deputies of the National Assembly shall be elected by direct
suffrage.
(3) The Senate shall be elected by indirect suffrage. It shall
ensure the representation of the territorial entities of the
Republic. French nationals living outside France shall be
represented in the Senate.
Article 25 [Election Act]
(1) An organic act shall determine the term for which each
Assembly is elected, the number of its members, their
emoluments, the conditions of eligibility and ineligibility and
the offices incompatible with membership of the Assemblies.
(2) It shall likewise lay down the conditions governing the
election, in the event of a vacancy, of persons to replace
deputies or senators whose seats have been vacated until new
general or partial elections are held for the Assembly
concerned.
Article 26 [Indemnity, Immunity]
(1) No member of Parliament may be prosecuted or subjected
to inquiry, arrest, detention, or trial on account of opinions
expressed or votes cast in the course of his or her duties.
(2) No member of Parliament may, during parliamentary
sessions, be prosecuted or arrested for a felony or misdemeanor
without the authority of the Assembly of which he or she is a
member, except in cases of flagrante delicto.
(3) When Parliament is not in session, no member of
Parliament may be arrested without the authority of the bureau
of the Assembly of which he or she is a member, except in the
case of flagrante delicto, authorized prosecution, or final
sentence.
(4) The detention or prosecution of a member of Parliament
shall be suspended if the Assembly of which he or she is a
member so demands.
Article 27 [Unrestricted Decisions]
(1) All mandatory instructions shall be null and void.
(2) The right to vote of the members of Parliament shall be
personal.
(3) An organic act may, exceptionally, authorize the delegation
of a vote. In this case, no member may be delegated to cast
more than one vote.
Article 28 [Parliamentary Sessions]
(1) Parliament shall convene ipso jure in two ordinary sessions
per year.
(2) The first session shall begin on 2 April and last for thirty
days.
(3) The second session shall open on 2 October and last for not
more than ninety days.
(4) If 2 October or 2 April is a public holiday, the session shall
open on the first working day thereafter.
Article 29 [Extraordinary Sessions]
(1) Parliament shall convene in extraordinary session, at the
request of the Prime Minister or of a majority of the members
of the National Assembly, to consider a specific agenda.
(2) When an extraordinary session is held at the request of the
members of the National Assembly, the closure order shall take
effect as soon as Parliament has exhausted the agenda for which
it was convened and at the latest twelve days from the opening
date of the session.
(3) Only the Prime Minister may request a further session
before the end of the month following the closure order.
Article 30 [Opening and Closing Procedure]
Apart from cases in which Parliament meets ipso jure,
extraordinary sessions shall be opened and closed by order of
the President of the Republic.
Article 31 [Presence of Government]
(1) The members of the Government shall have access to the
two Assemblies. They shall be heard when they so request.
(2) They may call for the assistance of government
commissioners.
Article 32 [Presidents of National Assembly and Senate]
The President of the National Assembly shall be elected for the
duration of the legislature. The President of the Senate shall be
elected after each partial renewal.
Article 33 [Publicity]
(1) The meetings of the two Assemblies shall be public. A full
report of the debates shall be published in the Official Journal.
(2) Each Assembly may sit in secret committee at the request of
the Prime Minister or of one tenth of its members.
Article 34 [Legislative Powers]
(1) All legislation shall be passed by Parliament.
(2) Legislation shall establish the rules concerning:
- civil rights and the fundamental guarantees granted to the
citizens for the exercise of their public liberties; the national
defence obligations imposed on citizens in respect of their
persons or property;
- nationality, status, and capacity of persons, property rights
arising out of a matrimonial relationship, inheritance, and
gifts;
- determination of felonies and misdemeanors, together with the
penalties applicable to them; criminal procedure; amnesty; the
creation of new jurisdictions and the status of judges;
- the assessment bases, rates, and methods of collecting taxes
of all types; the issuance of currency.
(3) Legislation shall likewise determine the regulations
concerning:
- the electoral systems of the 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;
- company nationalizations and transfers of company ownership
from the public to the private sector.
(4) Legislation shall determine the fundamental principles
of:
- the general organization of national defence;
- free local government and the powers and resources of local
authorities;
- education;
- the rules governing property rights, chattels real, civil and
commercial obligations;
- labor and trade-union law and social security.
(5) Finance acts shall determine the financial resources and
obligations of the State, subject to the conditions and
reservations laid down in an organic act.
(6) Program acts shall specify the objectives of State economic
and social policy.
(7) The provisions of this article may be developed in detail and
amplified by an organic act.
Article 35 [Declaration of War]
A declaration of war must be authorized by Parliament.
Article 36 [Declaration of Martial War]
(1) Martial law shall be declared in a meeting of the Council of
Ministers.
(2) Parliament alone may authorize its extension beyond twelve
days.
Article 37 [Regulations]
(1) Matters other than those that fall within the sphere of
legislation shall be determined by regulation.
(2) Legislation concerning these matters may be amended by
orders issued after consultation with the Conseil d'Etat. Any
such legislative texts introduced after this Constitution has
entered into force shall be amended by order only if the
Constitutional Council has pronounced that the matters they deal
with fall within the field subject to regulation as defined in the
preceding paragraph.
Article 38 [Ordinances]
(1) The Government may, in order to carry out its program, ask
Parliament to authorize it, for a limited period, to take by
ordinance measures normally within the legislative sphere.
(2) Ordinances shall be enacted in meetings of the Council of
Ministers after consultation with the Conseil d'Etat. They shall
come into force upon their publication, but shall become null
and void if the bill for their ratification is not submitted to
Parliament before the date set by the enabling act.
(3) Upon expiry of the period referred to in the first paragraph
of this article, the ordinances may be amended only by act of
Parliament in respect of those matters which are within the
legislative domain.
Article 39 [Right to Initiative]
(1) The Prime Minister and the members of Parliament have
concurrent rights to initiate legislation.
(2) Government bills shall be discussed in the Council of
Ministers after consultation with the Conseil d'Etat and shall be
tabled in one of the two Assemblies. Finance bills shall be
submitted first to the National Assembly.
Article 40 [Private Members' Bills]
Private members' bills and amendments shall be inadmissible if
their adoption would have the effect of reducing public revenue
or of creating or increasing an item of public expenditure.
Article 41 [Declaration of Inadmissibility]
(1) If it is found in the course of the legislative procedure that a
private member's bill or amendment is not within the domain of
law or is contrary to a delegation granted by virtue of
Article 38, the Government may declare its
inadmissibility.
(2) In the event of disagreement between the Government and
the President of the Assembly concerned, the Constitutional
Council, at the request of either party, shall rule within eight
days.
Article 42 [Discussion of Bills]
(1) In the first Assembly to which it is referred, a government
bill shall be discussed on the basis of the text put forward by
the Government.
(2) An Assembly which has before it a bill passed by the other
Assembly shall deliberate on the text transmitted to it.
Article 43 [Referral to Committees]
(1) Government and private members' bills shall, at the request
of the Government or of the Assembly considering them, be
referred for examination to committees specially appointed for
this purpose.
(2) Government and private members' bills for 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 [Altering Bills]
(1) Members of Parliament and the Government shall have the
right of amendment.
(2) After the opening of the debate, the Government may object
to any amendment being considered which has not previously
been submitted to committee.
(3) If the Government so requests, the Assembly concerned
shall decide, in a single vote, on all or part of the text under
discussion, retaining only the amendments proposed or accepted
by the Government.
Article 45 [Legislative Conflicts]
(1) If, owing to disagreement between the two Assemblies, it
has proved impossible to adopt a government or private
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 shall have the
right to call for a meeting of a joint committee composed of an
equal number of members of each Assembly, to propose a text
on the matters still under discussion.
(2) The text drafted by the joint committee may be submitted by
the Government to the two Assemblies for approval. No
amendment shall be admissible except by agreement with the
Government.
(3) If the joint committee fails to agree on a common text, or if
this text is not adopted under the conditions set forth in the
preceding paragraph, the Government may, after a further
reading by the National Assembly and Senate, ask the National
Assembly to make a final decision. In this event, the National
Assembly may return either to the text drafted by the joint
committee, or to the last text passed by itself, modified, if
applicable, by one or more of the amendments adopted by the
Senate.
Article 46 [Legislative Procedures]
(1) Acts defined under the Constitution as organic shall be
passed and amended as follows:
(2) A government or private member's bill shall be submitted
for discussion and to a vote in the first Assembly in which it
has been tabled not less than fifteen days after that tabling.
(3) The procedure of Article 45 shall be applicable.
Nevertheless, in the absence of agreement between the two
Assemblies, a bill may be adopted by the National Assembly on
final reading only by an absolute majority of its members.
(4) Organic acts relating to the Senate must be passed in the
same wording by the two Assemblies.
(5) Organic acts may be promulgated only after the
Constitutional Council has declared them constitutional.
Article 47 [Finance Bill Procedures]
(1) Parliament shall pass finance bills
(2) Should the National Assembly fail to reach a decision at the
first reading within forty days of a bill being tabled, the
Government shall refer it to the Senate, which must come to a
decision within fifteen days. The procedure set forth in Article
45 shall then apply.
(3) Should Parliament fail to reach a decision within seventy
days, the provisions of the bill may be brought into force by
ordinance.
(4) Should the finance bill establishing the revenue and
expenditure of a fiscal year not be tabled in time for its
promulgation before the beginning of that fiscal year, the
Government shall, on an emergency basis, ask Parliament for
authority to collect taxes and shall make available by order the
funds needed to provide for services already approved.
(5) The time limits stipulated in this article shall be suspended
when Parliament is not sitting.
(6) The Cour des Comptes shall assist Parliament and the
Government in supervising the implementation of the finance
acts.
Article 48 [Order of Deliberation]
(1) The discussion of bills tabled by the Government and of
private members' bills agreed to by it shall have priority on the
agendas of the Assemblies in the order decided by the
Government.
(2) One meeting per week shall be reserved in priority for
members' questions and the Government's replies.
Article 49 [Policy Discussions, Motion of Censure]
(1) The Prime Minister, after deliberation by the Council of
Ministers, may commit the Goverment's responsibility before
the National Assembly with regard to its program or, should the
occasion arise, to a statement of general policy.
(2) The National Assembly may challenge the responsibility of
the Government by passing a motion of censure. Such a
motion shall be admissible only if signed by at least one tenth
of the members of the National Assembly. The vote may not
take place until forty-eight hours after the motion has been
tabled; the only votes counted shall be those in favor of the
motion of censure, which may be adopted only by a majority of
the membership of the Assembly. Should the motion of censure
be rejected, its signatories may not introduce another such
motion in the course of the same session, except in the case
provided for in the following paragraph.
(3) The Prime Minister may, after deliberation by the Council
of Ministers, commit the Government's responsibility to the
National Assembly on the passing of a bill. In this case, the
text shall be regarded as carried unless a motion of censure,
tabled within the succeeding twenty-four hours, is passed under
the conditions laid down in the previous paragraph.
(4) The Prime Minister may ask the Senate to approve a general
policy statement.
Article 50 [Resignation of Government]
If the National Assembly adopts a motion of censure, or rejects
the Government's program or a general policy statement by the
latter, the Prime Minister must tender the Government's
resignation to the President of the Republic.
Article 51 [Postponed Closure of Session]
The closure of ordinary or extraordinary sessions shall be
postponed ipso jure, should the occasion arise, in order to apply
the provisions of Article 49.
Article 52 [President's Powers]
(1) The President of the Republic shall negotiate and ratify
treaties.
(2) He shall be informed of all negotiations leading to the
conclusion of an international agreement not subject to
ratification.
Article 53 [Important Treaties]
(1) Peace treaties, commercial treaties and treaties, or
agreements relating to international organization, or implying a
financial commitment on the part of the State, or modifying
provisions of a legislative nature, or relating to the status of
persons, or entailing a cession, exchange or ad junction of
territory, may be ratified or approved only by act of
Parliament.
(2) They shall take effect only after having been ratified or
approved.
(3) No cession, exchange, or adjunction of territory shall be
valid without the consent of the populations concerned.
Article 54 [Constitutional Revisions for Ratification]
If, upon the demand of the President of the Republic, the Prime
Minister or the President of one or other Assembly or sixty
deputies or sixty senators, the Constitutional Council has ruled
that an international agreement contains a clause contrary to the
Constitution, the ratification or approval of this agreement shall
not be authorized until the Constitution has been revised.
Article 55 [Force of Law, Principle of Reciprocity]
Duly ratified or approved treaties or agreements shall, upon
their publication, override laws, subject, for each agreement or
treaty, to its application by the other party.
Article 56 [Membership]
(1) The Constitutional Council shall consist of nine members,
whose term of office shall last 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, three by the
President of the Senate.
(2) In addition to the nine members provided for above, former
Presidents of the Republic shall be ex officio life members of
the Constitutional Council.
(3) The President shall be appointed by the President of the
Republic. He shall have the casting vote in the event of a tie.
Article 57 [Incompatibility]
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 organic act.
Article 58 [Control of Presidential Elections]
(1) The Constitutional Council shall ensure the regularity of the
election of the President of the Republic.
(2) It shall examine complaints and proclaim the results of the
vote.
Article 59 [Control of Assembly Elections]
The Constitutional Council shall rule, in the case of a dispute,
on the regularity of elections of deputies and senators.
Article 60 [Control of Referendums]
The Constitutional Council shall ensure the regularity of
referendums and proclaim the results thereof.
Article 61 [Control of Parliamentary Acts]
(1) Organic acts, before their promulgation, and standing orders
of the parliamentary Assemblies, before their implementation,
must be submitted to the Constitutional Council which shall rule
on their constitutionality.
(2) To the same end, acts of Parliament may, before their
promulgation, be submitted to the Constitutional Council by the
President of the Republic, the Prime Minister, the President of
the National Assembly, the President of the Senate, sixty
deputies or sixty senators.
(3) In the cases provided for by the two preceding paragraphs,
the Constitutional Council must rule within one month.
However, at the Government's request, this period shall be
reduced to eight days if a matter is urgent.
(4) In these same cases, referral to the Constitutional Council
shall suspend the time limit for promulgation.
Article 62 [Voidability by Control]
(1) A provision declared unconstitutional may not be
promulgated or implemented.
(2) The decisions of the Constitutional Council shall not be
subject to appeal to any jurisdiction. They shall be binding on
the governmental authorities and on all administrative and
jurisdictional authorities.
Article 63 [Rules of Procedure]
An organic act shall determine the organizational and
operational rules of the Constitutional Council, the procedure to
be followed before it, and in particular the periods of time
allowed for referring disputes to it.
Article 64 [Independence]
(1) The President of the Republic shall be the guarantor of the
independence of the Judiciary.
(2) He shall be assisted by the Conseil Superieur de la
Magistrature.
(3) An organic act shall determine the status of members of the
Judiciary.
(4) Judges may not be removed from office.
Article 65 [Conseil Superieur]
(1) The Conseil Superieur de la Magistrature 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.
(2) The Conseil Superieur shall, in addition, comprise nine
members appointed by the President of the Republic under the
terms laid down by an organic act.
(3) The Conseil Superieur shall make proposals for
appointments of Judges of the Cour de Cassation and of
Presiding Judges of the Courts of Appeal. It shall give its
opinion, under the conditions stipulated by the organic act, on
the proposals of the Minister of Justice relative to appointments
of other judges. It shall be consulted on questions of pardon
under conditions determined by an organic act.
(4) The Conseil Superieur shall act as the disciplinary council
for judges. In such cases, it shall be presided over by the
Presiding Judge of the Cour de Cassation.
Article 66 [Personal Freedom]
(1) No one may be arbitrarily detained.
(2) The Judiciary, guardian of individual liberty, shall enforce
this principle under the conditions stipulated by legislation.
Article 67 [Membership]
(1) A High Court of Justice shall be instituted.
(2) It shall be composed of members elected in equal number
by the National Assembly and the Senate from within their
ranks after each general or partial election to these Assemblies.
It shall elect its President from among its members.
(3) An organic law shall determine the composition of the High
Court, its operating rules and the procedure to be followed
before it.
Article 68 [Liability of President and Government]
(1) The President of the Republic shall not be held accountable
for actions performed in the exercise of his office except in the
case of high treason. He may be indicted only by the two
Assemblies ruling by identical vote in open balloting and by an
absolute majority of their members. He shall be tried by the
High Court of Justice.
(2) The members of the Government shall be criminally liable
for actions performed in the exercise of their office and deemed
to be felonies or misdemeanors at the time they were
committed. The procedure defined above shall be applied to
them and to their accomplices, in the case of a conspiracy
against the security of the State. In the cases provided for by
this paragraph, the High Court shall be bound by the definition
of felonies and misdemeanors, as well as by the determination
of penalties as laid down by the criminal law in force when the
acts are committed.
Article 69 [Opinion on Bills]
(1) The Economic and Social Council shall, upon referral to it
by the Government, give its opinion on government bills, draft
ordinances and orders, and private members' bills submitted to
it
(2) A member of the Economic and Social Council may be
designated by it to present before the parliamentary Assemblies
the Council's opinion on the Government or private members'
bills submitted to it.
Article 70 [Consultation]
The Economic and Social Council may likewise be consulted by
the Government on any problem of an economic or social
nature concerning the Republic or the Community. Any plan or
program bill of an economic or social nature shall be submitted
to it for its advice.
Article 71 [Membership]
The composition of the Economic and Social Council and its
rules of procedure shall be determined by an organic act.
Article 72 [Definition, Creation, Self-Government]
(1) The territorial entities of the Republic are the communes,
departments, and overseas territories. Any other territorial
entities shall be created by legislation.
(2) These entities shall freely govern themselves through elected
councils and under the conditions stipulated by legislation.
(3) In the departments and territories, the Government Delegate
shall be responsible for the national interests, administrative
supervision, and law enforcement.
Article 73 [Adjustments for Overseas Departments]
Measures of adjustment required by the particular circumstances
of the overseas departments may be taken with regard to their
legislative system and administrative organization.
Article 74 [Overseas Territories]
(1) The overseas territories of the Republic shall have a special
organization taking account of their specific interests within the
general interests of the Republic.
(2) The status of the Overseas Territories shall be determined
by constitutional enactments defining, in particular, the powers
of their own institutions; changes to their status can be made in
the same form, after consultation of the territorial assembly
concerned.
(3) The other aspects of their particular structure are defined
and modified by Act of Parliament, after consultation of t
territorial assembly concerned.
Article 75 [Civil Status]
Citizens of the Republic who do not have ordinary civil status
as referred to in Article 34 shall retain their personal
status as long as they have not renounced it.
Article 76 [Territorial Status, National Self-Determination]
(1) The Overseas Territories may retain their status within the
Republic.
(2) If they express a will to do so by decision of their
Territorial Assemblies taken within the time limit set in the first
paragraph of Article 91, they shall become overseas
departments of the Republic or, either jointly or severally,
member States of the Community.
Article 88 [Association of Other States]
The Republic or the Community may make agreements with
States that wish to associate themselves with the Community in
order to develop their civilizations.
Article 89 [Special Procedures]
(1) The initiative for amending the Constitution shall belong
both to the President of the Republic on the proposal of the
Prime Minister and to the members of Parliament.
(2) A Government or private member's bill for amendment
must be passed by the two Assemblies in identical terms. The
amendment shall become definitive after approval by
referendum.
(3) Nevertheless, the proposed amendment shall not be
submitted to a referendum when the President of the Republic
decides to submit it to Parliament convened in Congress; in this
case, the proposed amendment shall be approved only if it is
accepted by a three-fifths majority of the votes cast. The
Bureau of the Congress shall be that of the National Assembly.
(4) No amendment procedure may be undertaken or followed
when the integrity of the territory is in jeopardy.
(5) The republican form of government shall not be subject to
amendment.
Article 90 [New Parliament]
(1) The ordinary session of Parliament is suspended. The
mandate of the members of the present National Assembly shall
expire on the day that the Assembly elected under this
Constitution convenes.
(2) Until that day, the Government alone shall have the
authority to convene Parliament.
(3) The mandate of the members of the Assembly of the French
Union shall expire at the same time as the mandate of the
members of the present National Assembly.
Article 91 [Other Institutions and Offices]
(1) The institutions of the Republic provided for by this
Constitution shall be established within four months after its
promulgation.
(2) This time limit shall be extended to six months for the
Community institutions.
(3) The powers of the President of the Republic now in office
shall expire only when the results of the election provided for in
Articles 6 and 7 of this Constitution are
proclaimed.
(4) The member States of the Community shall participate in
this first election under the conditions deriving from their status
on the date of promulgation of the Constitution.
(5) The established authorities shall continue to perform their
functions in these States in accordance with the legislation and
regulations applicable at the time of entry into force of the
Constitution, until the authorities provided for by their new
regimes are set up.
(6) Until it is definitively constituted, the Senate shall consist of
the present members of the Conseil de la Republique. The
organic acts that will determine the definitive composition of the
Senate must be passed before July 31, 1959.
(7) The powers conferred on the Constitutional Council by
Articles 58 and 59 of the Constitution shall be exercised,
until this Council has been set up, by a committee composed of
the Vice President of the Conseil d'Etat, as Chairman, the
Presiding Judge of the Cour de Cassation, and the Presiding
Judge of the Cour des Comptes.
(8) The peoples of the member States of the Community shall
continue to be represented in Parliament until the measures
required to implement Title XII have been put into effect.
Article 92 [Establishment by Special Ordinances]
(1) The legislative measures necessary for the setting up of the
institutions and, until they are set up, for the functioning of the
governmental authorities, shall be taken by the Council of
Ministers, after consultation with the Conseil d'Etat, in the
form of ordinances having legislative force.
(2) During the period laid down in Article 91 (1), the
Government shall be authorized to determine, by ordinances
having legislative force and passed in the same way, the
electoral system of the Assemblies provided for by the
Constitution.
(3) During the same period and under the same conditions, the
Government may also, on all matters, take the measures it
deems necessary for the life of the nation, the protection of
citizens or the safeguarding of liberties.