Presidential Powers in France: Constitutional Rights
Article 16: Emergency Powers
The President of France can invoke Article 16 of the Constitution, which grants special powers during exceptional situations or crises.
- Conditions for Invocation: A serious and immediate threat that prevents the proper functioning of constitutional public authorities.
- Consultation: The President must consult the Prime Minister, the Presidents of the Chambers, and the Constitutional Council.
- Public Address: The President must inform the public through a message.
- Constitutional Council Oversight: During the implementation of Article 16, the President must regularly update the Constitutional Council on the measures taken.
- Parliamentary Session: Parliament meets automatically during this period.
Traditional Powers and Shared Responsibilities
Address to Parliament
The President has the traditional right to address Parliament, an act that involves the Government.
Constitutional Council
The President appoints three of the nine members of the Constitutional Council, including its Chairman. The President can also submit any law or international treaty for the Council’s opinion.
Referendum
The President can call for a referendum, but it requires specific conditions:
- The proposal must come from the Government or Parliament.
- The Assemblies must be in session.
- The proposal must be published in the Journal Officiel.
The President is not obligated to accept a referendum initiative but cannot submit a law to a referendum without a favorable report from the Assembly.
Right of Grace
The President holds the right of grace, requiring a report from the Supreme Judicial Council. It also requires the signature of the Prime Minister and the Minister of Justice, who have historically never refused.
Shared Powers (Veto Power)
These are powers the President cannot exercise alone but must share with other state bodies. The President has veto power if an agreement cannot be reached.
National Defense
The President is the Chief of the Armed Forces and ensures national independence, territorial integrity, and respect for treaties. The Prime Minister is responsible for national defense, and the government controls the armed forces. The President shares defense responsibilities with both, although holding primacy in law and practice. The President decides on the use of nuclear weapons (e.g., Gulf War, Bosnian Crisis).
Foreign Policy
The President accredits ambassadors, negotiates, and ratifies treaties. The President holds primacy in representing France at the European Council, while other countries are represented by their Prime Ministers.
Appointment of Senior Civil and Military Officials
The President appoints civilian and military employees of the State. There are three categories:
- a) Senior officials appointed by decree in the Council of Ministers (Presidential veto power applies).
- b) Approximately 70,000 positions appointed by decree without the intervention of the Council of Ministers (e.g., members of the Council of State, judges).
- c) Positions whose appointment is delegated to the Prime Minister. The President retains the power for ministers and subordinate authorities to designate their collaborators.
Appointment and Dismissal of Ministers
The President appoints and dismisses ministers upon the recommendation of the Prime Minister, whose signature formally endorses the President’s decision. However, in practice, resignations have occurred due to disagreements with the Head of State rather than the Prime Minister.
Other Significant Powers
Right to Sign Regulatory Acts
Unlike the Fourth Republic, where regulatory power mostly resided with the President of the Council of Ministers, the Fifth Republic restored the tradition of the Third, allowing the President to refuse to sign regulatory acts.
Request for Re-deliberation of a Law
The President may request a second reading of a law or specific articles within 15 days of its enactment. If the bill is to ratify a treaty the President disapproves of, the President can prevent it from going to Parliament for deliberation.
Constitutional Revision
The initiative for constitutional revision can be taken by the President upon a proposal from the Prime Minister or Members of Parliament. Once approved by both assemblies, the President can choose to submit the draft revision to both chambers in Congress or to a referendum.
Calling Special Sessions of Parliament
The President has the right to call a special meeting of Parliament.
Various Presidencies
The Head of State chairs the Council of Ministers and may chair other ministerial councils. The Constitution mandates the President to chair the Supreme Defense Council and the National Defense Committee. The President also chairs the Higher Judicial Council.