Parliamentary Control and Government Accountability
Media research is conducted through commissions of inquiry and missions. Financial control is exercised by Parliament in collaboration with the Court of Auditors.
The Ombudsman, created in 1973 and appointed by the Council of Ministers, aims to improve relations between the governed and the Administration. Their intervention must be requested through a Member of Parliament. The mediator submits an annual report to Parliament.
Political responsibility is the most important mechanism of control Parliament has over the Government. The Parliament (but not the Senate) may force the government to resign on its own initiative through a vote of confidence or by denying confidence when the government requests it.
Vote of Confidence (Article 49.1)
The Prime Minister, with prior approval from the Council of Ministers, assumes responsibility before the National Assembly for the government’s program or a general policy statement. The procedure involves a general debate following the Prime Minister’s speech, followed by a vote. If the government receives a majority (half plus one) of the votes cast, it remains in power; otherwise, it must tender its resignation.
As there is no clear obligation for the Government to present its program to the National Assembly after its appointment, most governments of the Fifth Republic have not done so. Besides the issue of confidence after its appointment, the Government can request support from the National Assembly to avoid a censure motion. In the Fifth Republic, no government has ever been brought down when it asked for a vote of confidence.
Motion of Censure (Article 49.2)
The National Assembly considers the Government’s responsibility by voting on a motion of censure. A motion requires the signatures of at least 1/10 of the deputies. Since 1995, each member can submit three motions of no confidence in a regular session and in an extraordinary session. The vote takes place 48 hours after the motion is deposited and requires an absolute majority. Given the difficulty of achieving a majority, it serves as a tool for the opposition to pressure the government to clarify specific aspects of policy. Since 1959, only one motion has been approved, in 1962 against the Pompidou Government.
Trust Vote vs. Confidence Motion
The Prime Minister, after deliberation by the Council of Ministers before the National Assembly, undertakes the responsibility of the Government on the vote of a text. There are three possibilities:
- If a censure motion is not presented within 24 hours, the text is considered approved.
- If a censure motion is presented but not approved, the text is accepted.
- If a censure motion is passed on time, the text is rejected, and the government is overthrown.
This method, initially widely criticized, has proven very effective in practice, mainly for important legislation, such as on economic and social policy. Politically, it has been used when the Prime Minister was in difficulties with both the opposition and their majority. It is helpful in allowing a minority government to govern. When the Government has the support of the National Assembly, the Prime Minister has to resign from the Government to the President of the Republic, which may lead to the dissolution of the National Assembly, as this power belongs to the chief of staff in the Fifth Republic.
The Constitutional Council
The Constitutional Council consists of 9 members whose term lasts nine years, selected by the President of the Republic (3), the National Assembly (3), and the Senate (3). Its mandate is 9 years but is renewed by thirds every three years. Also included in the Constitutional Council are former presidents, by their own right and for life. The President is appointed by the Council of the Republic and has no deciding vote.
Its functions, similar to those of a constitutional court, are significant: it controls the legislative activity of Parliament and can monitor the Government. Subject to the President of the Republic, it determines, if necessary at the request of the Government, the charge of high treason. It also reports on whether the conditions are met to empower the president with special powers in cases provided for in the Constitution. It monitors elections across the field. In parliamentary elections, it judges the resources controlled by irregularities and inconsistencies. In presidential elections and referendums, it ensures their regularity and announces the results. The rulings of the Council are final.