French Government Structure: Prime Minister’s Role & Powers
The French Government
The French Government is a collegial body composed of the Prime Minister, ministers, and secretaries of State, chaired by the President of the Republic, and accountable to Parliament.
The Constitution of the Fifth Republic attributes basic powers to the Prime Minister. While not the head of government, the Prime Minister is a head of government. This is a key feature of the semi-presidential system, where executive power is shared between a Prime Minister accountable to Parliament and a Head of State elected by universal suffrage. The President has their own powers and can preside over the Council of Ministers.
Regardless of the political climate, the system tends to parliamentarize during periods of cohabitation and presidencialize when the President and Prime Minister share the same political ideology.
4.1. Appointment of the Prime Minister
The President appoints the Prime Minister and, on their proposal, other members of the Government. The government’s term ends when the Prime Minister submits their resignation to the President. The Prime Minister needs the confidence of the Assembly to avoid a censure motion and to secure approval of bills and budgets.
The Prime Minister begins their duties before the government is formed. The proposition or endorsement before the National Assembly does not require a vote of censure. While the Prime Minister’s duty to submit their government program to the National Assembly for approval is not a clear obligation, since 1962, Prime Ministers have not considered it mandatory to submit their program after their appointment.
To ensure the Government’s freedom of action, government members are not members of Parliament (strengthening its authority) and cannot hold any other public office or professional or social activities. They are also required to file a declaration of assets upon appointment.
4.2. Powers of the Prime Minister
The most important powers of the Prime Minister are:
- a) To direct the work of government. The Prime Minister has authority over ministers and secretaries of state, coordinates their work, and may propose the dismissal of members of the government. They also supplement the President in the Presidency of the Councils and committees provided for in Article 15 and in the Council of Ministers, with an express delegation and for a specific agenda.
- b) To countersign all acts of the President that are not exempt from this requirement. The Prime Minister’s proposal is required for the President to perform certain functions, known as shared powers.
- c) With regard to Parliament: The Prime Minister exercises legislative initiative, induces the formation of a joint committee to resolve differences between both Houses, and may ask the Senate to approve a declaration of general policy. They have the authority to commit the political responsibility of the Government before the National Assembly. If a law is deemed unconstitutional, the Prime Minister may appeal to the Constitutional Council on behalf of the Government.
d) The statutory power has been greatly expanded during the Fifth Republic. The Prime Minister has the capacity to issue general decrees called regulations, a faculty granted by Parliament by law. Parliament thus becomes an exceptional legislator, and the Government a regular legislator. The Constitution enumerates the subjects on which each can legislate.
The autonomous regulatory power is exercised by the Prime Minister, who can, by order, amend the report of the State Council and the laws that exist on matters considered regulation. Both self-regulatory power and the power to enforce laws are exercised through decrees signed by the Prime Minister alone, or by decrees discussed in the Council of Ministers and bearing the signature of the President.
4.3. Government Organization
In the Fifth Republic, the organization is more complex than before. There are no constitutional or legislative rules on the structure of government, which is supported by legal decrees appointing the Ministers.