GOVERNMENT OF
NEW EUROPEAN
8 2009
by
CHRISTOPHER B. COHEN, ESQ.
444 Greenleaf
847/867-8500
TABLE OF CONTENTS
Preface.......................................................................................................... 11
1. Introduction......................................................................................... 15
2. Constitution......................................................................................... 15
3. Declaration
of Rights......................................................................... 17
4. French
Republic................................................................................. 17
5. Pre-1958
Weak Executive................................................................ 18
6. The
Constitution................................................................................. 18
7. Constitutional
Amendment............................................................... 19
8. Presidential
Characteristics............................................................. 20
9. Emergency
Powers............................................................................ 21
10. Presidential
Limitations.................................................................... 22
11. President
Directly Elected................................................................ 23
12. Impeachment...................................................................................... 24
13. Current
President............................................................................... 24
14. Previous
President............................................................................ 25
15. Presidential
Elections....................................................................... 26
16. Presidential
Election Results........................................................... 27
17. Council
of Ministers........................................................................... 28
18. Civil
Service........................................................................................ 31
19. Elected
Officials................................................................................. 32
20. The
Government................................................................................ 33
21. Government
Control Techniques.................................................... 34
22. Floor
Rights........................................................................................ 35
23. Contrary
Legislative Texts............................................................... 36
24. Official
Misconduct............................................................................ 36
25. May
1995 Government...................................................................... 37
26. Life
After The Presidency................................................................. 38
27. Presidential
Vacancy......................................................................... 38
28. Countersignature............................................................................... 38
29. No
Countersignature......................................................................... 39
30. Prime
Minister.................................................................................... 39
31. Ministers.............................................................................................. 41
32. Fifth
Republic Leaders...................................................................... 42
33. Dual
Executive................................................................................... 44
34. Women's
Issues................................................................................. 44
35. Specialized
Agencies........................................................................ 45
36. Legislative
Branch............................................................................. 46
37. Parliamentary
Operations................................................................. 46
38. Legislative
Authority.......................................................................... 47
39. Parliamentary
Bills............................................................................. 48
40. L=Assemblée Nationale..................................................................... 49
41. Assembly
Elections........................................................................... 50
42. National
Assembly President........................................................... 51
43. Assembly
Administration.................................................................. 51
44. Assembly
Committees....................................................................... 52
45. La
Dissolution..................................................................................... 53
46. La
Censure.......................................................................................... 53
47. Elections.............................................................................................. 56
48. Parliamentary
Elections.................................................................... 56
49. Compensation..................................................................................... 57
50. Assemblée
Nationale Parties........................................................... 57
51. Le
Sénat.............................................................................................. 59
52. Differing Texts.................................................................................... 60
53. Question Periods............................................................................... 61
54. Voting................................................................................................... 62
55. Election Types.................................................................................... 63
56. Incompatibility..................................................................................... 64
57. Irresponsabilité................................................................................... 66
58. Election Restrictions......................................................................... 67
59. Campaign Disclosure........................................................................ 67
60. Referenda............................................................................................ 68
61. Voter Registration.............................................................................. 68
62. Constitutional Council....................................................................... 69
63. Dual
Law System............................................................................... 71
64. Les
Cours Administratives............................................................... 73
65. Conseil
d'Etat..................................................................................... 73
66. Civil Courts......................................................................................... 74
67. Criminal Courts.................................................................................. 75
68. Non-Professional Judges................................................................. 76
69. Criminal Cases................................................................................... 77
70. La Cour
de Cassation....................................................................... 78
71. High
Council of the Judiciary........................................................... 78
72. Lawyers............................................................................................... 79
73. National
Audit Courts........................................................................ 80
74. Judicial
Careers................................................................................. 80
75. Government
Levels............................................................................ 81
76. Other
Administrative Units............................................................... 82
77. Les
Cantons........................................................................................ 82
78. Centralization..................................................................................... 82
79. Decentralization................................................................................. 82
80. La
Police.............................................................................................. 83
81. Interpol................................................................................................. 86
82. La
Police Nationale........................................................................... 86
83. La
Gendarmerie Nationale............................................................... 89
84. Police
Judiciare.................................................................................. 89
85. Judicial Investigation......................................................................... 90
86. Le Ministère
de Justice..................................................................... 96
87. Les
Communes................................................................................... 97
88. Les
Conseils Municipaux.................................................................. 97
89. Le
Maire............................................................................................... 98
90. City Populations................................................................................. 99
91. Les
Départements.............................................................................. 99
92. Departmental Legislatures............................................................. 100
93. Le
Préfet............................................................................................ 101
94. Regions.............................................................................................. 101
95. Economic
Committees.................................................................... 102
96. Regions,
Department and Principal Towns................................. 102
97. Decentralized
Power....................................................................... 106
98. Local
Taxes....................................................................................... 107
99. Value
Added Tax.............................................................................. 107
100. New
Communities............................................................................ 108
101. Elementary
and Secondary Education......................................... 109
102. University.......................................................................................... 112
103. Grandes Ecoles................................................................................ 116
104. ENA.................................................................................................... 117
105. Population......................................................................................... 118
106. Alcohol
and Tobacco....................................................................... 119
107. Language........................................................................................... 120
108. Religion.............................................................................................. 121
109. Geography......................................................................................... 121
110. Rivers................................................................................................. 122
111. Andorra
and Monaco....................................................................... 122
112. Work
Force........................................................................................ 123
113. Recent
Selected History................................................................. 123
114. Social Classes.................................................................................. 125
115. Unions................................................................................................ 126
116. Social
Security................................................................................. 127
117. Economy............................................................................................ 129
118. Industry.............................................................................................. 130
119. Energy................................................................................................ 131
120. Banking.............................................................................................. 132
121. Bank
Nationalization....................................................................... 133
122. Bank
Regulation............................................................................... 133
123. Bank
of France................................................................................. 134
124. Economic
Affairs Ministry............................................................... 135
125. Television.......................................................................................... 135
126. Daily
Circulation Newspapers........................................................ 136
127. Military............................................................................................... 136
128. Minitel................................................................................................ 137
129. Rails................................................................................................... 138
130. Vichy
Government........................................................................... 140
131. European
Union............................................................................... 140
132. EU Applications................................................................................ 141
133. EU Geography.................................................................................. 142
134. European
Governance.................................................................... 142
135. Confederalism.................................................................................. 143
136. EU Public View................................................................................. 143
137. Maastricht
Treaty............................................................................. 144
138. EU
Budget......................................................................................... 145
139. The
European Commission............................................................ 145
140. Council
of the European Union..................................................... 149
141. European
Parliament....................................................................... 151
142. European
Court of Auditors........................................................... 154
143. European
Court of Justice.............................................................. 154
144. Human
Rights Court........................................................................ 154
145. European
Economic and Social Committee................................ 154
146. European
Committee on Regions................................................. 155
147. Nation
of Europe.............................................................................. 155
148. Schengen
Agreement...................................................................... 156
149. European
Banking........................................................................... 157
150. Trade.................................................................................................. 157
151. Common
Market............................................................................... 158
152. Unified
Europe.................................................................................. 158
153. Foreign
Investment.......................................................................... 159
154. European
Citizenship and Immigration........................................ 159
155. Foreign
Relations............................................................................. 159
156. Treaties.............................................................................................. 160
157. European
Law................................................................................... 160
158. European
Convention on Human Rights...................................... 161
159. International
Organizations............................................................ 162
160. French
States Over Two Centuries.............................................. 162
161. French
Heads of State.................................................................... 163
162. La
France En Ligne......................................................................... 167
163. World
Population Percentage........................................................ 168
CONSTITUTION &
GOVERNMENT
OF
NEW EUROPEAN
Preface
Since this writer's first trip to
$ Frequently
changing Governments have been replaced by Government stability.
$ The
French Communist Party has declined.
$ Polarizing
ideological divisions between political parties of the Left and Right have
lessened.
$ Political
party discipline has decreased.
$ As
in the
$
Interest
in the unification of
What are the constitutional and
institutional changes that have coincided with these changes in French politics
and government? How do
I wrote this text for students of
French history has been significantly
different than that in
In the
How can an Englishman or an American
who travels to
The intent is not to qualify readers
for a Ph D, but to permit them to understand and thus increase their enjoyment
of the French experience. A second goal
is to benefit executives of multi-national firms when they are transferred to
France by giving them a head start in comprehending the new and complex system
they are about to encounter. So many new and different words are used that it
is often difficult to understand without a translation of the concepts as well
as the words themselves. A third goal is
to assist foreigners in reading a French newspaper or accounts in English
language newspapers about events in
Unlike American and British concepts,
Americans are used to operating in the
In addition, a supranational layer is
being spread over the 15 European nations via the Common Market or European
Union.
1. Is
this similar to the 13
2. How
do the institutions of and the European
3. How
does one compensate formerly protectionist countries which exported
agricultural goods to other countries from which they previously imported
manufactured goods?
4. When
trade barriers fall, how does the EU cause winners to
subsidize losers?
5. When
the European Union creates a new law, how is it implemented in each of the 15
countries?
6. Will
these 15 countries that speak 13 different languages actually create a single
currency?
7. How
can this possibly be organized?
-o0O0o-
1. Introduction
Two
major systems of democratic government are the parliamentary and the
presidential.
In
the
2. Constitution
until 1789 |
Ancien Régime |
1789 - 1792 |
Revolutionary Regimes |
1792 - 1804 |
|
1804 - 1814 |
First Empire |
1848 - 1852 |
|
1852 - 1871 |
|
1871 - 1940 |
|
1947 - 1958 |
|
1958 - present |
|
The
current constitution, adopted by a 1958 referendum, established la
Cinquième République (
The
1958 constitution was linked to the threat of civil war in
War
hero General Charles de Gaulle (1890-1970) was called out of retirement in June
1958 to rule by decree for six months, to write a new constitution and to serve
as the of the Fourth Republic=s
last Prime Minister. At age 68, he
proposed the new Constitution as a response to the inefficiency of earlier
institutions and the need for the Government to win and hold a consensus. In
The
constitutional law of June 3, 1958 passed the National Assembly (lower house)
350 Yes, 160 No with 70 abstaining. It
was passed by the Conseil de la République (Council of the Republic--the name at
that time for what is now l=Assemblée nationale
(National Assembly or lower house) 260 Oui (Yes), 30 Non
(No). Voters approved the new
constitution by referendum (79% "Oui"
to 21% "Non"
votes). The vote in metropolitan
|
Yes |
No |
Abstain |
Conseil de la République |
260 |
30 |
-- |
All valid referendum votes |
79% |
21% |
-- |
Metropolitan France vote |
17,660,790 |
4,624,511 |
4,016,614 |
The new constitution was promulgated (became effective) October 4, 1958, four months after de Gaulle became Prime Minister. It has been amended several times since. The French Constitution incorporates into its text by reference:
$ the 1946 Constitution's preamble,
$ concepts of national sovereignty, representative government and universal suffrage from prior constitutions, including several specific laws and
$ the 1789 Declaration of the Rights of Man (la Declaration des Droits de l=homme et du citoyen) from the French Revolution.
3.
$ Anthem
is la
Marseillaise.
$ Motto
is Liberté,
Egalité, Fraternité.
$ Emblem is the tricolore (3 vertical stripes of blue, white and red).
$ Principal is "government of the people, by the people and for the people."
4. Pre-1958 Weak Executive
Empires
created by the two Napoléons created fear among those who favored a republic
and fear of a strong leader who could turn into a dictator. In 1799,
The
Napoleonic legacy caused some to favor a strong parliament during the Third and
5. The Constitution
The 1958 Constitution:
$ strengthened executive power at the expense of the legislative branch.
$ allows Government to make some rules without Parliament. (Article 37)
$ creates no clear line between roles of President and Prime Minister.
$ specifically recognizes political
parties. (Article 4)
$ establishes seven important institutions:
$ le Président de la République
(President of France). (Article 5)
$ l'Assemblée Nationale (National Assembly--lower
house). (Article 24)
$ le Sénat (Senate--upper house). (Article 24)
$ le Premier ministre (Prime
Minister). (Article 21)
$ le Gouvernement (the Government). (Article 20)
$ le Conseil constitutionnel (Constitutional Council). (Article 56)
$ le Conseil d'Etat (Council of State). (Article 65)
Of the institutions listed above, only the first two are directly chosen by the electorate.
Article 92 (now obsolete) allowed the Government to establish new institutions, to create a system for elections and to rule by adopting ordinances during the first 4 months of the 1958 constitutions.
6. Constitutional Amendment
A constitutional amendment can be adopted in one of several ways:
1. identical language passes each house as a "constitutional law" and is approved by a national referendum, (Article 89)
2. identical language proposed by the Government passes each house and then passes a joint meeting of both houses by a 3/5 majority or (Article 89)
3. At the suggestion of Government or both Chambers of Parliament, the President submits a law directly to a national referendum. (Article 11)
The constitution authorizes only the first two methods (Article 89) for constitutional amendments. The third (Article 11) allows the President to pass by referendum laws which deal with (1.) "organization of the public authorities," (2.) which ratify a treaty or (3.) reform economic or social policy. De Gaule used Article 11 but ignored the requirement that the Government suggest the language he sent to referenda.
The Constitution does not authorize constitutional amendments by referendum (#3) without their passage first by Parliament. Nevertheless, in 1962, President de Gaulle initiated a referendum to do just that--amend the constitution. He ignored Article 89 and used Article 11 to amend the Constitution. This promoted a controversy about the proper method of amendment. Both le Conseil d'Etat and le Conseil constitutionnel formally responded to Government inquiries prior to the referendum's passage that the procedure was unconstitutional. Most legal scholars felt Article 11 was inappropriate to use for amending the constitution especially because it is the only one of the three methods for calling a referendum that bypasses Parliament. On the other hand, legal opinion shifted due to the Senate's consistent road blocks to amendments of any kind by referendum. The national majority vote in favor of the referendum's passage further reduced the intensity of the debate. In response to a review request from the Senate President after the nation-wide vote, le Conseil constitutionnel decided it had no jurisdiction to review language directly passed by the voters.
In 1973, President Pompidou proposed a constitutional amendment to reduce the Presidential term of office from seven to five years. It passed each of Parliament=s two chambers separately in identical language, as required by Article 89. However, the Government did not submit it to the two houses sitting in joint Session (le Congrès). Therefore, it failed to obtain the necessary 3/5 majority in Congrès and could not be submitted to a referendum.
7. Presidential Characteristics
The President of the Republic:
$ is elected for 7 years, longest term in any parliamentary system. (Article 6)
$ must be 23 years old or older.
$ is directly elected by voters age 18 or older. (Article 6)
$ must be a French citizen.
$ must have satisfied the nation=s military obligation.
$ may be re-elected indefinitely.
$ is commander-in-chief of the armed forces. (Article 15)
$ has the right to pardon. (Article 17)
$ appoints the Prime Minister. (Article 8)
$ has no legal power to dismiss the Prime Minister but (Article 8)
$ can pressure the Prime Minister to resign.
$ promulgates laws adopted by le Conseil des Ministres. (Article 10)
$ is president of the Conseil des Ministres (Council of Ministers). (Article 9)
$ signs ordinances and decrees. (Article 13)
$ presides over the Cabinet or "Government." (Article 9)
$ can dissolve the Assembly and cause new (early) elections. (Article 12)
$ can dissolve National Assembly with advice (not necessarily consent) of PM. (Article 12)
$ cannot dissolve the Assembly for one year after a prior dissolution. (Article 12)
$ cannot be forced to resign by Parliament (Le Parlement).
$ is president of interministerial councils.
$ presides
over Conseil
supérieur de la magistrature (Judiciary High Council).(Article
65)
$ appoints 3 of 9 members of the Constitutional Council, le Conseil constitutionnel. (Article 56)
$ designates one of his 3 choices as Constitutional Council President. (Article 56)
$ may ask Constitutional Council to review laws & treaties before promulgation. (Article 61)
$ is paramount in a "reserved domain" (any topic he chooses)
$ accredits but does not appoint ambassadors. (Articles 13 & 14)
$ appoints upper-level civil servants. (Article 13)
$ appoints higher-level military officers. (Article 13)
$ negotiates and ratifies treaties. (Article 52)
$ directs diplomacy.
$ must promulgate new laws 15 days from passage or (Article 10)
$ can force Parliament to reconsider part or all of a bill. (Article 10)
$ has no veto power other that reconsideration threat. (Article 10)
$ can submit certain bills and treaties to national referenda. (Article 11)
$ sends written messages to Parliament. (Article 18)
$ may initiate constitutional amendments. (Article 89)
$ can rule by decree in a national emergency. (Article 16)
$ has discretion to decide when he can take emergency powers to rule by decree.
$ is designated guardian and arbiter of the basic law. (Article 5)
$ can help Government outflank Parliament by putting legislation to referenda. (Article 11)
8. Emergency Powers
In an emergency, Article 16 allows the French President to take significant powers. When possessing these emergency powers, he may not dissolve the National Assembly. Emergency powers under Article 16 should not be confused with l'état de siège (martial law or state of siege) which can be decreed by le conseil des ministres. (Article 36)
Emergency
powers were used only once in 1961 when de Gaulle feared the French army would
take over the French colony of
9. Presidential Limitations
The President of the Republic:
$ may hold no other public office.
$ has no power to veto legislation.
$ cannot dissolve Parliament within a year after dissolving it once before.
$ is prohibited from attending parliamentary debates.
$ is prohibited from speaking at parliamentary debates.
$ is prohibited from visiting Parliament even if invited.
$ has no Vice President.
$ has few powers on paper that can be exercised unilaterally without obtaining authority from some other person or source.
$ can dissolve the National Assembly but only once in 12 months
$ has no authority to fire the Prime Minister
$ can only fire ministers if the Prime Minister recommends it.
Observers
familiar with the presidential and parliamentary models of structuring governments,
sometimes ask why the French system is neither of the above. If the goal was to move from the weak
executive in the
$ "arbitrate" (Article 5)
$ assure "regular functioning" of the Government
$ assure continuity of the Nation
$ protect its independence
$ guard
$ maintain "respect for treaties."
10. President Directly Elected
In
the
Election of the President by direct universal suffrage was adopted by constitutional amendment following a 1962 referendum proposed by President de Gaulle (62% "Yes" and 38% "No" votes). The vote was 12,809,363 "Pour" (pro) and 7,942,695 "Contre" (con) with 6,280,297 abstentions (people registered but not voting).
|
Pro |
Con |
Abstain |
Registered Voters |
12809363 |
7942695 |
6280297 |
Valid Ballots Cast |
62% |
38% |
-- |
For the first time in 100 years, this 1962 amendment allowed the Head of State to draw authority directly from the public, not from Parliament. (Article 7) The President became the sole official with a majority mandate from all French voters.
So
far in the
Presidential
campaigns must make public their funding sources. Once elected, a President must publicly
declare his income. The President's
office is in the
11. Impeachment
In
the
La Haute Cour de Justice is not to be confused with la Cour de justice de la République (Court of Justice of the Republic) which tries members of the Government. (Article 68-1). It consists of 6 members of l=Assemblée Nationale, 6 members of le Sénat and 3 judges of la Cour de cassation, one of whom presides over la Cour de justice de la République.
12. Presidential Elections
Using 1969's second ballot vote counts for President as an example, results are reported as follows:
|
|
Votes |
Inscrits |
all registered voters |
28,747,988 |
Abstentions |
registered but not voting |
8,896,260 |
Votants |
total voting |
19,851,728 |
Blancs or nuls |
blank or invalid ballots cast |
1,294,629 |
Suffrages expirimés |
valid ballots |
18,557,099 |
Georges Pompidou |
votes for winner |
10,686,498 |
Alain Poher |
votes for loser |
7,870,601 |
In
In the first round of 1995 balloting, almost 40% of those voting chose presidential candidates from parties not in the political mainstream. The high amount (6%) of blank ballots were not counted in the total of votes cast. Had they been counted, Chirac would be the first President elected by less than a majority of all votes cast.
A ballot which is Ablanc@ is blank with no marks on it. It can also occur if the ballot envelope is put in the urn without a ballot in it. A ballot which Anul@ is void. This can occur if the voter marks two names for an office where only one can be elected or puts illegal distinguishing marks on the ballot that could be used to distinguish it for others.
13. Presidential Election Results
First Round Sunday, April 23, 1995
Candidate |
Party |
Left |
Right |
Lionel Jospin |
Socialist |
23.30% |
|
Jacques Chirac |
Gaullist |
|
20.84% |
Edouard Balladur |
Center Right |
|
18.58% |
Jean-Marie LePen |
Extreme Right |
|
15.00% |
Robert Hue |
Communist |
8.64% |
|
Arlette
Laguillier |
Trotskite |
5.30% |
|
Philippe de
Villiers |
Other Europe |
|
4.74% |
Dominique Voynet |
Green/ecologist |
3.32% |
|
Jacques Cheminade |
|
|
0.28% |
|
|
40.00% |
60.00% |
Second
Round Sunday, May 7, 1995
Candidate |
Party |
Left |
Right |
Jacques Chirac |
conservative |
|
52.7% |
Lionel Jospin |
Socialist |
47.3% |
|
14. Council of Ministers
The
Constitution's chief characteristic is dominance by the executive. The Premier Ministre (Prime Minister) is
appointed Head of Government by the President (head of state). (Article 8)
The PM is not normally referred to as the premier as in some other
parliamentary systems. Collectively
Ministers are referred to not as the ACabinet@ (as in the
Le
Conseil des Ministres:
$ is presided over by the President (Article 9)
$ can decree martial law l'État de siège (Article 36)
$ can adopt temporary legislation by ordinance to establish new Governmental institutions.
$ can decide which ordinances and decrees will be submitted to the President for signature (Article 13)
$ discusses Government bills to be introduced into parliament (Article 39)
$ is consulted by the Prime Minister before he pledges the Government's responsibility to the National Assembly.
$ appoints préfets (National Government officials) in each département (Article 13)
$ appoints ambassadors (Article 13)
$ appoints members of le Conseil d'Etat (Council of State) court (Article 13)
$ appoints senior members of the National Audit Office (Article 13)
$ appoints 27 regional educational superintendents (recteurs) (Article 13)
$ enacts ordinances for limited periods on topics within the legislative sphere (Article 38)
$ enacts such ordinances only after consultation with le Conseil d'Etat (Article 38)
Members
of the Government do not have to have been members of the National
Assembly. They need not even belong to
the Prime Minister's party. If they are
Members of Parliament, they must resign to join the Government. The Council of Ministers is mentioned in
Articles 9, 13, 21, 36, 38, 39, 49 and 92.
These articles make the Council a body to be consulted by the Government
and the President. The Constitution does
not authorize the Government or le
Conseil des Ministres to debate and create policy collectively like a
legislative body. In the United Kingdom
(UK) or the
Each
minister has a private staff or personal team of advisors called his cabinet
ministériel. Selection of
members of un cabinet ministériel depends not on the
Government but on the minister. Some are
likely to be civil servants personally chosen by the minister. In
Le Conseil des Ministres is composed of the Prime Minister and senior Government members chaired by the President. Although the President can refuse to sign decrees
from the Council of Ministers, this has never occurred
because Presidents have dominated the Council.
Members of le Conseil des Ministres:
$ may not hold a seat in Parliament. (Article 23)
$ may not be an active civil service employee. (Article 23)
$ may not be employed in the private sector at the national level. (Article 23)
$ may hold elected positions only at the regional or local
level. (Article 23)
Members of le Conseil des Ministres:
$ are criminally liable for their official acts. (Article 68-1)
$ may introduce legislation into Parliament. (Article 39)
$ may address Parliament. (Article 48)
$ may be questioned by Members of Parliament. (Article 48)
The
Fifth Republic Constitution's incompatibility clause (Article 23) eliminates
any incentive for Ministers voting to dissolve the Government and being able to
return to their legislative seats. The
incompatability clause prohibits a member of the Government from also serving
in l'Assemblée Nationale or in le Sénat or holding any national office
in public employment, in professional activity or in a business, professional
or union organization. Prime Ministers
have served longer in the
Constitutions
prior to 1959 allowed Ministers to also serve as members of Parliament. Deputés
could destabilize a Government by threatening to vote for a no confidence
(censure) motion (motion de censure) in Parliament. Sometimes a Minister in the Third or
$ may be dismissed by the National Assembly.
$ may not be dismissed by the President.
$ can introduce legislation into Parliament. (Article 39)
$ has his office at the Hôtel Matignon.
In
the
No
French law restricts civil servants from engaging in partisan political
activity contrary to the situation in the
The Council of Ministers often includes people with little prior political experience. This may be due to a president=s desire to pick competent technicians to make him look good or to minimize the roles of potential political rivals. Presidents can pick political unknowns for prime minister as de Gaulle did when he selected George Pompideu in 1962.
15. Civil Service
As
in the
$ le corps diplomatique (diplomatic corps)
$ primary school teachers (the largest corps)
$ customs officers and l'inspection des finances tax inspectors in the Finance Ministry
$
national
police (la police nationale) in the
Interior Ministry (le Ministère de l=Intérieur)
$ gendarmerie in the Defense Ministry (le Ministère du Defense)
$ magistrates in the Justice Ministry
$ le corps prefectorial (préfets)
$ Conseil d'état (Council of State)
$ la Cour des comptes (Court of Accounts)
$ Ecole
nationale des impôts (national tax college)
$ Ecole
nationale de la magistrature (national judicial college) l=ENM
$ recteurs d'académie (regional directors of educational administration). Des Académies include primary, secondary and university education but not grandes écoles.
$ other corps
Corps
technique:
$ le corps des ingénieurs des mines mine
engineers
$ le corps des ingénieurs des ponts et chaussées (highway engineers)
A civil servant can work outside his corps and then return to this corps d'origine (corps of origination) or ministry by:
$ mis en disponibilité (put on leave of absence from civil service without pay if elected a deputé or maire)
$ détachement (to go to a cabinet ministériel or to another corps or to work for a city's maire) paid by the receiving agency.
$ mis à disposition (loaned to another governmental unit for experience to spread its influence and eyes and ears) paid by the sending agency.
16. The Government
In
the
$ is housed at the Hôtel Matignon
$ may introduce legislation just as members of Parliament may
$ may amend legislation just as members of Parliament may
$ can decide when Parliament meets
$ can set the ordre du jour (agenda) in both the National Assembly and Senate.
$ can bar any legislation from the agenda it does not like.
$ can refuse a political asylum request previously rejected by another EU country. (Article 53-1)
$ always resigns after legislative Assemblée Nationale elections whatever the outcome, although not required to.
$ can ask Parliament to delegate away its legislative authority in a specific policy area for a limited time period subject to Parliament's subsequent veto.
$ must consult with le conseil économique et social (Economic and Social Council) on economic or social plans. (Article 70)
$ may ask le conseil économique et social for its opinion on any legislation, ordinance or decree. (Article 69)
Members of the Government:
$ cannot also be members of the Assembly or Senate. (Article 23)
$ cannot hold any public or private national position. (Article 23)
Governments are coalitions of multiple parties even when the largest party has an absolute majority of seats in l'Assemblée Nationale. On a censure motion to topple the Government:
$ a majority of all 577 Assembly seats (289 votes) is required for passage.
$ only "Yes" votes are counted. (Article 49)
$ a vote "present" or "abstain" counts against the motion.
$ signatories of a censure motion are banned from signing another motion during the same session, except
$ when the Prime Minister pledges the Government's responsibility, any deputy may sign and file a censure motion. (Article 49)
The Government's General Secretariat organizes the work of the Government including the agenda and minutes of Counsel of Ministers meetings.
-o0O0o-
17.
Year |
President |
Defeated Candidate |
Prime Minister |
1958 |
Charles de Gaulle |
(None) |
Michel Debré |
1959 |
|
|
|
1960 |
|
|
|
1961 |
|
|
|
1962 |
|
|
Georges Pompidou |
1963 |
|
|
|
1964 |
|
|
|
1965 |
Charles de Gaulle |
(Mitterrand) |
|
1966 |
|
|
|
1967 |
|
|
|
1968 |
|
|
Maurice Couve de Murville |
1969 |
Georges Pompidou |
(Poher) |
Jacques Chaban-Delmas |
1970 |
|
|
|
1971 |
|
|
|
1972 |
|
|
Pierre Messmer |
1973 |
|
|
|
1974 |
Valéry Giscard d'Estaing |
(Mitterrand) |
Jacques Chirac |
1975 |
|
|
|
1976 |
|
|
Raymond Barre |
1977 |
|
|
|
1978 |
|
|
|
1979 |
|
|
|
1980 |
|
|
|
1981 |
François Mitterrand |
(Giscard) |
Pierre Mauroy |
1982 |
|
|
|
1983 |
|
|
|
1984 |
|
|
Laurent Fabius |
1985 |
|
|
|
1986* |
|
|
Jacques Chirac |
1987* |
|
|
|
1988 |
François Mitterrand |
(Chirac) |
Michel Rocard |
1989 |
|
|
|
1991 |
|
|
Edith Cresson |
1992 |
|
|
Pierre Bérégovoy |
1993* |
|
|
Edouard Balladur |
1994* |
|
|
|
1995 |
Jacques Chirac |
(Jospin) |
Alain Juppé |
1996 |
|
|
|
1997* |
|
|
Lionel Jospin |
* From 1986-1988 and again from 1993-1995, a Socialist President and a Conservative National Assembly "cohabited." Beginning in 1997, a conservative President and a Socialist National Assembly cohabited. Cohabitation is referred to as la République à deux têtes (the two-headed government).
18. Dual Executive
When the National Assembly's majority supports the President (who is Head of State), he is also effectively the Head of Government. When the National Assembly majority opposes the President, the Prime Minister is the real Head of Government both in law and in fact. The first case is the norm, the second (cohabitation) is the exception.
Besides
19. Women's Issues
Edith
Cresson was chosen as
1890 |
|
1893 |
|
1906 |
|
1920 |
|
1945 |
|
1950 |
|
1971 |
|
After the demonstrations of May, 1968, Governments increased their interest in a number of social causes including what were referred to as "women's issues". Laws regarding divorce were reformed. However, a plan to create minimum quotas for female candidates on party lists for municipal elections was rejected by the Constitutional Council.
Abortion
was allowed for the first time in 1975.
The Council of State reviewed the text passed by Parliament and issued
an opinion saying the law did not violate human rights. Abortion is legal for fetuses of up to 10
weeks in
-o0O0o-
20. Judicial Investigation
When
a crime occurs, a witness can dial the phone number 17 (instead of 911 in the
There are 3 main ways start an investigation (un enqûet judiciaire or un information judiciaire):
1. L=enqûete preliminaire. For crimes not directly observed, police or gendarmes can conduct a preliminary investigation under a prosecutor=s direction to obtain information on the crime. They believe an offense occurred but may only have a suspect or have no suspect at all. They need to find evidence either to arrest or to clear the suspect. Beat police cannot arrest a person on the street and put him in custody (une garde à vue), although they can ask the suspect to voluntarily come to the police station.
2. Un flagrant délit. Police can arrest an offender and bring that person before a prosecutor if they observe an offense in progress or that has just been committed. They know an incident occurred but don=t know details of what happened. This arrest can involve search and seizure of witnesses and suspects. An example is a victim who runs up to report her purse was stolen. The crime has just happened. In this instance, police are automatically allowed to exercise arrest power and to use la garde à vue (detention for questioning) but only for one week after the incident. Technically if police fill out at least one piece of paper every day to show that the investigation is continuing, the time period for this expanded authority is extended. If police stop working on the case, the level of authority falls to l=enqûet preliminaire (limited power) status. If they need to start again and want the higher level of authority during the investigation, police must ask a judge for l=enqûet commission rogatoire.
3. Un enqûete commission rogatoire or un commission rogatoire informationaire judiciaire. A letter requesting authority for an investigation, if granted, gives la police judiciaire full investigational authority. This commission or mandate to investigate includes the right to arrest, use of la garde a vue to question witnesses, plus the right to search a person, a house or other location if police can convince un juge d=instruction the crime is linked to that location. In the written order, some judges list a limited number of specific locations that can be searched. Others grant authority to search anywhere police need so they don=t have to come back repeatedly. The auto accident in which Princess died was un flagrant délit when police initially arrived. It quickly moved to the third stage, because the accident clearly needed further investigation.
4. Decouvert le cadavre. In this infrequently used procedure, police have discovered a corpse and are initially investigating only to decide if it involves a homicide or not. If the crime was committed more than a week previously, the rule is that police have no power to arrest, to search or to put a witness in la garde à vue for questioning. Normally, to start an inquiry, they would request un enqûete commission rogatoire and appear before a judge to acquire this additional authority. Under découvert le cadavre, police who do not yet want to go to the trouble of appearing before a judge, can requisition a doctor to come view the body and make a report but cannot, for example, requisition the victim=s bank account. They only have authority to establish if the death is a homicide. If it is, they can ask for un enqûete commission rogatoire.
Not every police employee can receive authority to make searches, arrests or detention in une garde à vue. Only upper level police officials of the rank of officiers can handle criminal investigations and be given authority to search, arrest people and put witnesses and suspects in custody for questioning. To be granted these additional powers, they must make a reasoned case before a prosecutor and a judge. Un guardian de la paix (beat policeman) can stop and hold a suspect but must bring him to un officier in la police judiciaire who has authority to put him in un guard à vue. To be granted this authority, a policeman must hold the rank of un officier de la police judiciare in la police nationale or un officier de la police judiciare in la gendarmarie nationale. That means power to arrest and search. An officier in le renseignment généreaux (intelligence branch) needs no arrest power to do his job and therefore is not given it.
Regarding custody, as long as they inform the public prosecutor=s office, police can hold a suspect or witness for questioning for an initial 24 hours. This can be increased to 96 hours in drug and terrorism cases. For the initial 24-hour period, only police with the rank of officier decide if a person is placed in la garde à vue. However, police must inform the prosecutor. After 24 hours, if officiers want to continue la garde à vue, they must justify continued detention by appearing before un juge d=instruction.
The prosecutor decides whether to allow police to ask the judge an extension. The extension is a second 24 hours in normal cases. For drug trafficking or terrorism, the second period is 48 hours with one additional 24-hour period possible. This means the maximum custody period for questioning is 2 days for normal cases and 4 days for drugs or terrorism. After 24 hours, no matter what the potential charge, police must bring the detainee in front of un juge d=instruction who is a new, disinterested person.
At the beginning of la garde à vue, police must explain that the interviewee has rights to:
$ place a phone call to a lawyer or family member,
$ have a lawyer enter the room for up to 30 minutes after the 20th hour and
$ see
a doctor.
Controle
judiciare
(bond), if any, is determined by le juge
d=instruction who can set conditions on the released
person. A witness or suspect held in la garde à vue, can appeal the
appropriateness of this preventative detention (le detention provisoire) or detention while awaiting trial to a
3-judge chambre d=accussion (Chamber of Accusation). He has the right to ask the Chamber=s President to suspend the order of le juge d=instruction (thus releasing him from custody)
until a decision is made on the appeal of custody. The detainee has the right at a later time to
sue for civil damages for being wrongfully held in custody.
There are several independent people
watching over the propriety of a criminal case:
$ Policier
$ Procurer
$ Juge d=instruction
$ Chambre d=accusition
Un juge d=instruction is effectively a super policeman. He controls
the police inquiry. Sometimes he tells
police just to go do the investigation and call if they have questions.
Alternatively, the judge can ask police to investigate and to keep coming back
to him for permission and instructions at the discovery of each new fact.
A prosecutor=s power is limited. He can=t drop a murder or other serious
charge. He must go before un juge d=instruction--another independent person.
To aid them in procedural questions and
in drafting forms and reports to be filed with le juge d=instruction, members of la police judiciaire (criminal investigators) are issued a hardback
book of forms and procedures called le
Traité de Procedure Penale Policiere with an updated pocket part in the
back.
The underlying assumption of the French
system is that it is hard to have malfeasance or corruption when 3 separate
people are involved along with an overseeing body and that this process
encourages a search for the truth. None
of the participants is encouraged or paid extra for a result one way or the
other. French police claim that some police officers in other countries receive
promotions based on the number of arrests or convictions. This does not occur
in
No lawyer can assist the detained
person until the 20th hour.
The Justice Ministry has recently proposed that the lawyer meeting occur
at the beginning of la guard à view.
The
In the
In
In
Un suspect is a suspect. Police may investigate and collect evidence
as to whether he or someone else is the offender. At this point, the prosecutor has not asked
that un juge d=instruction be appointed, or if one has been
appointed for this crime, investigation of this particular person (the suspect)
has not yet been assigned to le juge.
A person likely to be the perpetrator
will be put under investigation (mis en
examan). The person being
investigated is now called le mis en
examan or la mise en examan (the investigated one or the
investigatee). Il est mis en examan or elle
est mise en examan means he or she is under investigation (by criminal
policeBpolice judiciare-- under authority of an investigating
magistrate). Un mis en examan is a man (une
mise en examan is a woman) who is being investigated -- Aput
under investigation@ (but yet not charged) -- by un juge d=instruction.
Once the judge=s investigation is finished, the person
can be innocent (un innocent) or accused (un accusé). Contrary to some observers of the French
inquisitorial system, even a person who is accused is supposed by the French
justice system to be innocent. When on trial, un accusé is innocent until proven guilty.
The defense lawyer is le defenseur for un accusé. If convicted, he is le condamné. If un accusé is found
guilty, as occurs in 80% of French trials, he is referred to as condamé (convicted, guilty) or as le condamé (the convicted person). In French, there is no difference between a
defendant who has been Aconvicted@ and one who has been Asentenced@. The French judge hands down his or
her decision regarding guilt and sentencing at the same time B at the conclusion of trial or sometime
later if the decision was taken under advisement. Un condamé is no longer presumed innocent when sentenced after trial.
The differing decisions in the O.J.
Simpson trials would not be possible in
Assume that over a period of time, 100
offenses have been committed. This means
French police are aware of the offense and who the victim is. Obviously, if the
perpetrator is not located, there can be no trial. For 100 cases, suspects are
located in 30 of these cases. In
At the end of a trial, the judge will
say he will announce the sentence in 2 weeks or perhaps one month. The decision could be the defendant is
innocent. A French judge is
neutral. The judge--not the--lawyers
questions the accused and other witnesses.
His goal is to find the truth.
There is no conviction then sentence.
The French judge states the conviction and sentence at the same
time. When un decision est mise en delibere at the end of the trial, the judge
does not immediately rule on the guilt or innocence of the defendant but
instead takes the case under advisement.
He needs a period of time to deliberate before announcing a
decision. If guilty, the judge states
the sentence at the same time.
One significant difference between the
American and French criminal justice systems is that
21.
Le Ministère de Justice
Le Ministère de Justice (Justice
Ministry) is headed by le Ministre de
Justice (Justice Minister) who also holds the ex officio title le Garde des
Sceaux (Keeper of the Seals). The
minister is the superior of le Procureur
de la République and can decide whether or not to prosecute a criminal
case. In the
These
and all other ministers are appointed by the Prime Minister. They are part of le Conseil des Ministers (Council of Ministers) which in
The
Justice Ministry administers the prison system as the Justice Department does
for federal prisons in the
$ good behavior, up to 3 months per year, or
$ exam passage or academic degree, up to 2 months per year.
22. Les Communes
The
36,771 communes (cities and villages) in
$ public health
$ safety
$ local infrastructure, public works
$ local economic development, incentives to create jobs
$ construction and maintenance of nursery school buildings
$ construction and maintenance of primary school buildings
$ cultural facilities
$ car parking
$ garbage collection
$ water supply
$ sewage disposal
$ public libraries
$ traffic
$ social assistance for housing and elderly
$ museums
$ local road maintenance
$ street lighting
$ plan d'occupation des sols (zoning and land use)
23.
Les Conseils Municipaux
The region, department and municipality each have an executive and a legislative body. Each commune is run by an elected municipal council of 9 to 37 members. These municipal legislators are elected for six yearsBone from each canton--directly by the voters. More than 510,000 city council seats (one for every 100 French persons) are up in each election. Indirect elections for a of the French Senate were held on the last Sunday in September 1998. A 1992 law authorized municipal referenda.
24. Le Maire
At
the commune level, the maire (mayor) is elected for six
years by the municipal council from its membership by secret ballot. If two candidates tie, the elder wins. The
mayor:
$ holds police powers (pouvoirs de police).
$ is the town magistrate (le magistrat de la commune).
$ presides at council meetings.
$ is the chief municipal administrator.
$ represents the nation in the municipality.
$ carries out the municipal council's decision.
$ represents the municipality on legal matters.
$ drafts and proposes budgets.
$ administers the municipality's property.
$ keeps the registry of births, marriages and deaths.
$ establishes the electoral roll.
$ keeps the military service draft list.
$ appoints municipal workers.
$ performs weddings.
All
marriages must be performed by a mayor or his deputy prior to any religious
ceremony. Marriage by a cleric has no
official effect. In
If the name of a newborn has never been used before or is viewed as ridiculous, silly or an acronym, the local mayor can refuse to register the birth. Appeal is to a civil judge. In the 1970s the name Mayorie was rejected because it wasn=t French. Now courts are more liberal with foreign names.
-o0O0o-
Constitutional
Council
Created for the first time in the 1958
Constitution (Article 56), Le Conseil constitutionnel
(Constitutional Council) is a court of nine members independent from both the
executive and legislative branches. It
examines treaties and legislation and decides whether they conform to the
constitution. Unlike the US Supreme
Court, it considers legislation referred to it by le Parlement (Parliament), le
premier ministre or le Président. After legislation has passed each house in an
identical text, but prior to its being signed into law, public officials ask le Conseil constitutionnel to determine
the legislation's constitutionality. In
addition, the Constitutional Council determines the fine line between laws
which parliament must pass (Article 34) and regulations which the Government
can promulgate (Article 37). Regarding le Conseil:
$ 9
members serve nine-year terms. (Article
56)
$ 3
are named by the President--one every 3 years.
$ 3
are named by the National Assembly President--one every 3 years.
$ 3
are named by the Senate President--one every 3 years.
$ terms are irrevocable and non-renewable.
$ no member may also be a member of Parliament. (Article 57)
$ no member may also be a Cabinet Member. (Article 57)
$ ex-French presidents can choose to be ex officio life members.
(Article 56)
$ no ex-president has chosen to serve on the Conseil.
The Latin phrase ex officio means de droit
in French. Giscard is currently the only
living ex-president who could become an ex
officio member of the Constitutional Council. He did not want to be the tenth member.
Council attributes:
$ a law=s constitutionality is reviewed only before
promulgation. (Article 61)
$ decisions as to unconstitutional legislation cannot be
appealed. (Article 61)
$ unconstitutional law decisions can be reversed only by
Constitutional amendment.
$
le Conseil has no power to review
Presidential actions.
It is not legal during litigation to
argue that a statute is unconstitutional as
Le
Conseil constitutionnel
rules on contested elections and vote fraud issues. In the US Congress, each house makes the
determination about the validity of the election for each of its Members. In
$ constitutionality of laws (Article 61),
$ conflicting interpretations of the Constitution,
$ applicability of Article 34,
$ Presidential
incapacity,
$ investment of the President with emergency powers,
$ every annual finance law,
$ appropriateness of budgetary riders,
$ Parliament's
time limits for budget consideration under Article 47,
$ national referenda disputes (Article 60),
$ Presidential
and legislative election disputes,
$ conduct
of national elections (Articles 58 & 59),
$ election delay if a presidential candidate dies (Article 7),
$ candidate eligibility (Articles 58 & 59),
$ candidate compliance with incompatible offices law and
$ results within one month--or 8 days if urgent (Article 61).
Even prior to the 1958 Constitution,
French law required judges to apply existing law even if they feel it violates
the national Constitution. The
Constitutional Council decisions limit
the Government's authority. In 1974, a
joint session of both houses of Parliament amended the constitution to allow 60
senators or 60 deputies to ask le Conseil
constitutionel for a constitutional review of legislation. Since 1974, this provision has allowed
legislative opponents of the Government to challenge legislation it
passes. Any one of the following can
submit a law to le Conseil
constitutionnel for a ruling:
$ le Président de la République,
$ le premier ministre,
$ le président de l'
Assemblée Nationale,
$ le président du
Sénat,
$ 60
deputés or
$
60 senateurs
Referral of legislation to le Conseil constitutionnel postpones its
going into effect temporarily (until the Council rules) or permanently (if the
Council rules it unconstitutional).
In 1971, le Conseil constitutionnel ruled that the preamble to the 1946
constitution can be enforced as part of the 1958 constitution.
25. Dual Law System
French law has been divided into administrative law and ordinary (civil and criminal) law. Administrative courts are in the executive -- not the judicial -- branch. Judicial (civil and criminal) courts are in the judicial branch. Some courts will hear a case with multiple judges. Because deliberations are secret and only one judgment is delivered, dissenting opinions are not allowed.
Administrative courts are concerned with the exercise of power by French governmental units and officials. They can limit the power of the executive. Judges are appointed by the le Garde des sceaux (keeper of the seals) who is also the Justice Minister.
Common
law countries such as the
$ relations with the citizen.
$ internal organizations and
$ relations with other governmental units.
A citizen can appeal to the administrative courts when he or she is the object of administrative actions such as:
$ the grant of planning or zoning permission.
$ where a new highway effects his property.
$ eminent domain.
$ his employment relationship with a governmental unit.
A functionnaire objecting to a poor performance reviewby his boss after recourse within the relevant ministry, could appeal to an administrative court. In each ministry un commission paritaire (peer review committee) hears employee grievances. Its members are half labor, half management. It reviews disputes over promotion and discipline. Its recommendation can be overruled by the minister. The employee can appeal to le conseil d=Etate for abuse of power (l=abus de pouvoir).
The two categories which produce most litigation in administrative courts are:
$ abusive power by administrators in various governmental, and
$ administrators' liability
An example of administrators' liability would be a government car which damaged a citizens property or a wire of the government owned electric utility which fell and electrocuted a farmer's cow. Administrative courts have special procedures regarding:
$ jurisdiction of the administrative courts,
$ jurisdiction of the governmental unit to make a decision,
$ standing of the petitioners, and
$ standards of proof.
The 35 cours d'appel administratives (administrative courts of appeal) are located throughout the country with at least one in each of Metropolitan France=s 22 regions.
Le tribunal des conflits resolves jurisdictional disputes about which court a case belongs in.
26.
Les Cours Administratives
An administrative judge has power to annul or amend decisions taken by authorities in exercising prerogatives of public office. The law applicable to private businesses is not the same as that which governs public administrations. Administrative law has its own rules and its own courts. For example, disputes regarding public employment, urban planning and public contracts are heard by administrative courts.
Administrative
courts handle taxation, zoning, environmental and employment law for Government
officials. An injury to a pedestrian by
a postal truck would be heard in an administrative court, while a similar
injury by a privately owned truck would be heard by an ordinary (judicial)
civil court. There are 30 tribunaux
administratifs (administrative trial courts). Appeals are heard by les cours administratives d'appel
(administrative courts of appeal) and then by the le Conseil d'Etat
(Council of State) in
27.
Conseil d'Etat
Le Conseil d'Etat located in le Palais Royal performs two separate functions. It is the Government's legal advisor and also the highest administrative court. Le Conseil d'Etat must give its non-binding, secret advisory opinion on all proposed Government bills before legislation is discussed in le Conseil des Ministres or introduced into Parlement (Article 39). As the Government=s legal advisor, le Conseil d'Etat:
$ is located in
$ is the highest administrative appeals court.
$ advises the Government on proposed legislation.
$ is the Government's legal advisor, examining bills before Cabinet debate.
$ only considers the first version of legislation.
$ is not asked about subsequent amendments passed by either chamber.
$ is not authorized to force its policies on public officials.
$ issues advisory opinions when the Government asks.
$ is one of the grand corps of the civil service.
$ issues opinions to the Government which are confidential.
$ advice can be disregarded by the Government.
$ its 200 members are independent.
Le Conseil d=Etat (Council of State) provides recourse to individual citizens who have claims against a governmental action or agency. As the highest administrative court, le Conseil d=Etat:
$ has original jurisdiction on governmental acts affecting individuals.
$ hears appeals from administrative trial and appellate courts.
$ hears disputes between the national government and public entities.
$ can annul regulations signed by the President or Prime Minister.
$ provides recourse against government arbitrariness.
$ is low cost.
$ is procedurally easy.
$ takes several years to bring cases to trial.
The most important decisions are published in les Grandes Arrets du Conseil d=Etat.
28. Civil Courts
Judicial or ordinary (non-administrative) trial courts are divided into two divisions--civil and criminal. There are six types of civil trial courts:
$ 473 Tribunaux d'instance. These courts of first instance at the lowest level hear lesser matters, small claims, loyer (rent), tutelle (guardianship) and civil cases up to 30,000 FF at the departmental level. There is one tribunal d=instance for each arrondissement (administrative area). In 1958, juges d=instance replaced juges de paix (judges of the peace) which had existed since 1790. A single judge delivers the judgment. When ruling on criminal issues, these courts are called tribunaux de police.
$ 181 Tribunaux de grande instance (TGI). These courts of first instance hear civil cases seeking more than 30,000 FF and civil cases not jugées (heard) by tribunaux spécialisés (special courts) such as divorce, real estate or adoption. When these courts rule on criminal issues, they are called les tribunaux correctionnels.
$ 229 Tribunaux de commerce. Disputes between commerçants (merchants) are heard by 3,000 lay commercial judges (les conseillers) who are chosen by an electoral college of business representatives. No other European country uses non-professional judges to decide commercial cases. They rule on recovery of assets and liquidation procedures. Liquidators appointed by judges are paid on a percentage of assets obtained from the liquidated firm or on a fixed fee for recovery plans.
$ 270 Conseils de prud'hommes. These labor conciliation courts decide disputes between employers and employees and issues involving apprentissage (apprenticeship) and contracts de travail (employment contracts). These courts are equally divided between representatives of employers (employeurs) and employees (salariés).
$ 473 Tribunaux paritaires des baux ruraux. These special courts hear farm landlord/tenant disputes. Each is presided over by un juge d=instance who is assisted by two landlord representatives and two representatives of tenant farmers (Fermiers) or share croppers (Metayers).
$ 113 Tribunaux des affaires de la Sécurité Sociale. They hear litiges (disputes) with various Social Security organismes (agencies) regarding issues such as maladies or retraites (illness or pensions).
Appeals
from these trial courts are to one of 35 cours d'appel (courts of appeal)
located throughout the country and then to the one cour de cassation in
29. Criminal Courts
Criminal offenses (les infractions) are divided into 3 categories:
$ petty offense. |
contravention |
tribunal de police |
$ misdemeanor. |
délit |
tribunal correctionnel |
$ felony, serious crime. |
crime |
cour d=assise |
Criminal trial courts for adults are divided into three units:
$ Tribunaux de police. Police courts hear contraventions (petty offenses) involving one or two days' imprisonment or amendes (fines) from 20 FF-6,000 FF or suspension of a driver=s license (permis de conduire); example: traffic ticket. There is no jury. They are called tribunaux d'instance when hearing civil matters. Appeals go to la cour d=appeal and then to la cour de cassation.
$ Tribunaux correctionnels. Usually three judges hear délits (criminal offenses punishable by imprisonment up to ten years). An example of a délit is robbery without a gun. There is no jury. They are called tribunaux de grand instance when hearing civil issues. Appeals go to la cour d=appeal and then to la cour de cassation.
$ Cours d'assises. They hear serious criminal offenses (crimes). Le président (presiding judge) and two assesseurs (assessors) all three of whom are magistrats professionels (professional judges) sit with nine jurors--citizens whose names are drawn by lot (tirés au sort) from registered voter rolls -- handle crimes such as rape, murder and those committed with guns. Decisions to convict or acquit are by secret ballot and must receive at least 8 of the 12 total votes. Appeals of its verdicts go directly to la Cour de cassation without a hearing at une cour d=appel.
$ Tribunaux pour enfants. Trials in these juvenile courts are presided over by one judge (juge des enfants) chosen from le tribunal de grande instance sitting with two assesseurs chosen by the Justice Minister for renewable 3-year terms based on their ability. They hear all three types of infractions (offenses) -- contraventions, délits or crimes by those under age 18. The public is excluded from listening to these cases.
30.
Non-Professional
Judges
In addition to trained professional (sitting) judges who preside over trials (magistrats professionnels), in some instances French courts use citizens who sit with the judges to decide the results at trial. Depending on the instance, these non-professional judges are appointed or elected. They are called:
$ jurés (jurors) in la
cour d=assises.
$ assesseurs in
la tribunal pour enfants.
$ juges consulaires in le
tribunal de commerce.
$ assesseurs in le tribunal des baux commerciaux.
$ assesseurs in le tribunal des affaires de Securité sociale.
$ conseilleurs in le
conseil de prud=hommes.
31. Criminal Cases
$ The prosecutor for an alleged criminal charge can detain suspects or possible witnesses for two successive 24-hour periods without filing charges. During that time, the prosecutor decides whether to open a formal investigation or drop the case. Then he or she must release the person or ask for a magistrate to investigate the case.
$ If a formal investigation is opened, the prosecutor appoints an investigating judge.
$ The judge calls in suspects and decides whether to place them under formal judicial investigation Aon suspicion@ (mise en exam). This is one step short of pressing charges (indictment).
$ The judge may release the suspects, with or without bail, or place them in pretrial detention if it is feared they might flee.
$ The investigating judge can hold a suspect for weeks, months or even years.
$ After the investigation, which may last months or years, the judge either orders the suspects to stand trial (mise en accusation) or drops the case by issuing a no bill (un non lieu).
$ Defendants are brought before a trial court -- either a lower criminal court of one or more judges or a higher court of judges and a jury.
$ No defendant may avoid trial by pleading guilty.
$ There is no plea bargaining.
Possible criminal sentences (peines):
$ amende. fine
$ déportation. deportation
$ exilé.
exile
$ peine de réclusion criminelle à perpétuité.
life in jail
$ peine capitale. capital punishment (abolished in 1981)
$ peine de mort. death penalty (abolished in 1981)
$ travaux forcés. hard (forced) labor (abolished in 1939)
32.
La Cour de Cassation
The same cours d'appel (courts of appeal) that hear appeals from the lower civil courts also handle appeals from lower criminal courts. The last appeal level for civil and criminal cases is to le Cour de cassation (Court of Cassation). There are 35 cours d=appel but only one cour de cassation. It:
$ is the highest judicial (non-administrative) court.
$ is superior to les
cours d'appel (appellate courts).
$ reviews decisions in law (but not fact) issued by civil and criminal trial courts.
$ interprets law and procedural rules of lower courts.
$ has its court room in
$ may annul (casser means to break) judgments and order new trials.
33. High Council of the Judiciary
The Conseil Supérieur de la magistrature
(Judiciary High Council):
$ was created by Article 65
$ is nonpartisan
$ nominates cour de
cassation judges
$ nominates First President of the Court of Appeals
$ nominates presidents of les
tribunaux de grand instance (trial courts)
$ disciplines judges and prosecutors
$ gives its opinion to the Justice Ministry on appointment of prosecutors
$ gives its opinion on discipline of prosecutors.
$ includes 11 members:
$ Président de la République
$ le Garde des sceaux (the Justice Minister)
$ 3 members of la Cour de cassation appointed by the President
$ 3 magistrates from courts or tribunals appointed by the President
$ un conseiller de l=Etat appointed by the President
$ 2 by the President in his unrestricted discretion.
34. Lawyers
Titles for lawyers include:
$ un juriste licencié en droit. a person possessing a law license.
$ un licencié. a person who completed 3 years of (undergraduate university) law school. (Also, a person fired or laid off from a job).
$ l=avocat. civil litigator or criminal defense attorney; not a prosecutor; requires masters (four years after bac) + 1 year in special school + 2-5 years apprenticeship.
$ l=avoué. until 1972, a solicitor (non-litigator); since merged into avocat.
$ le conseiller juridique. legal advisor; merged into avocat.
$ le notaire. not a government employee; transfers property due to probate or sale, prepares pre-nuptial agreements and marriage documents and registers estate sales. Although not a government employee, the notaire is charged with collecting taxes. An independent contractor who paid the national Government a one-time fee (une charge de notaire) to obtain this post. The fee can exceed $2 million for the franchise in a territory. The notaire keeps a percentage of taxes he collects.
$ l=Avocat Général. chief prosecuting counsel; under the Procureur Général.
$ le Procureur Général.
$ le procureur. a prosecutor.
$ le Procureur de la République. (US) District Attorney
$ le procureur substitut (substitut
du procurer). assistant
prosecutor.
$ le magistrat. magistrate.
$ la magistrature assise. the bench; the judges
$ la magistrature debout. the body of public prosecutors.
$ le Ministère public. prosecutor's office represented by un procureur.
$ le parquet. prosecutors
office
An avocat must become a member of the bar association for the cour d'appel district in which he or she practices. There are 30 cour d'appel districts. There is no examination nor fee for being allowed to join the bar association in any other cour d'appel districts. Levels of law firm attorneys include:
$ un associé. law firm partner.
$ un collaborateur. associate receiving salary and commission.
$ un salarié. associate receiving salary only.
35. National Audit Courts
La
Cour
des Comptes (
La Cour des Comptes is far different than the US General Accounting Office -- an arm of Congress which conducts programatic audits (studies) evaluating effectiveness of government programs including spending.
36. Judicial Careers
Judge
is a career separate from being a lawyer.
Rarely do lawyers become judges.
Magistrates for the ordinary (civil and criminal) courts are trained at
the specialized National Magistrates=
University (l=Ecole
Nationale de la Magistrature or l=ENM)
in
All
of these court positions are filled by civil servants who graduated the special
university training schools l=ENM
or l=ENA. Although there is no law against it, none of these
court positions are filled by former practicing attorneys as is frequently the
system in the
Of the 3 types of magistrates, trial judges (the bench) and are referred to as Asitting judges@ (la magistrature assise) while investigating judges (les juges d=instruction) and prosecutors (les procureurs) are referred to as Astanding judges@ (la magistrature debout). Being a member of the judicial corps provides a lifetime job guarantee. All 3 types of magistrates belong to the came corps of civil servants.
U.S. Federal judges stay in the same assignment for life. French judges can ask for reassignment to another geographic jurisdiction and can move among the 3 types of magistrate assignments. American judges are often experienced lawyers. French judges can be youthful, recent graduates.
-o0O0o-
o0O0o-
37. Economy
Government
directed economic modernization begun by de Gaulle is called dirigisme. Instead of relying on the free market,
Government industrialized by encouraging mergers into larger firms by offering
subsidies and tax credits to selected companies. Centralized regional development (l=aménagement du territoire)
was directed from
In
1994, inflation fell to 1.6%. In 1998,
unemployment remained high at close to 12%.
The deficit is expected to reach 322 billion francs ($64 billion US) by
1996. Unemployment stayed high as
businesses using low skilled workers moved to countries with cheaper
labor.
Foreign Investment In Each Country (1993)
|
$195 billion |
|
$125 billion |
|
$110 billion |
|
$81 billion |
|
$63 billion |
|
$57 billion |
Even
with the sale of some government enterprises, state-owned companies still
account for half of French manufacturing.
American National Can Company was purchased by
Unemployment is le chomage.
White-collar managers executive are les cadres.
La monnaie means change.
L'argent means money.
L'argent liquide means cash.
Each French franc (FF) contains 100 centimes.
Phones in protected locations such as bars and restaurants accept coins. Some pay phones accept jetons (tokens). A large number of pay phones on the streets take cards with embedded computer chips from which charges are deducted. They also accept credit cards.
38. Industry
Major French industry leaders include:
$ Aérospatiale. Commercial airliner manufacturer
$ Alcatel Alsthom. Telephone equipment supplier
$ BIC. Ballpoint pens, lighters & razors
$ Bouyges. Road builder and public works
$ CapGemini Sogeti. Computer service
$ Cartier.
Jewelry.
$ Cogema.
Nuclear fuel
processing
$ Compagnie Générale des eaux. Water sales
$ Compagnie Générale d=Electricité. Electronics
$ Danone. Dairy goods
$ Elf
$ Evian. Water sales
$ Hennessy. Cognac
$ Institut Merieux. Vaccines producer
$ Louis Vuitton (LVMH). Luggage, champagne,
brandy & perfume
$ Lyonnaise des Eaux-Dumez. Water sales & purification
$ Michelin. Tire maker
$ Moet
& Chandon. Champagne
$ Moulinex. Electrical appliances
$ L'Oréal.
Cosmetics
$ Péchiney. Metal, packaging, chemicals
$ Perrier. Water & food
$ Peugeot. Automobiles
$ Renault.
Automobiles
$ Rhône-Pôulenc. chemicals
$ Rossignol. World=s largest producer of skis
$ Thomson. Defense & consumer electronics
$ Total. Petroleum & gasoline
$ Usinor-Sacilor. Steel making
$ Yoplait. Food products
39. Energy
In
1946, natural gas and electricity were nationalized to form Gaz
de France (GDF) and Electricité de France (EDF). Both are government monopolies. A homeowner receives a single bill for both
electricity and gas. In 1966, EDF put
into service the world=s
only tidal power dam and lock across the
40. Banking
France
has a universal banking system in which banks may sell securities and conduct
deposit, lending, discount, safe custody, insurance and real estate activities
either directly or through subsidiaries.
Banks may sell insurance products in their institutions. The number of credit institutions is high
compared to other countries, because French law defines banking and credit
institutions broadly. As of December 31,
1993, 1,674 credit institutions conducted banking operations in
$ banks
$ savings banks are locally owned and non-profit.
$ municipal credit banks are locally owned and non-profit
$ finance companies (and securities houses) only finance a specific industry and receive no deposits less than 2 years in maturity.
$ specialized institutions perform public interest tasks, such as financing low-income housing and industrial equipment purchases.
$ mutual and cooperative banks owned by
members (depositors) were established to provide credit to members (for
example, farmers). The biggest, Credit
Agricole, is
The five largest banks by assets are:
$ Banque Nationale de Paris: private, government owned.
$ Crédit
$ Société Générale: privatized in 1989
$ Banque Paribas: private
$ Banque Indosuez: private
The deposit protection system is not an insurance fund, but a loss-sharing agreement among member banks that goes into effect when a member institution fails. Administered by the Association Française des Banques (AFB) (French Association of Banks), it protects deposits up to FF 400,000.
41. Bank Nationalization
Since World War II, French banks have undergone two nationalization and privatization cycles during which most banks were transferred to Government ownership and later sold back to the private sector. Banks nationalized in 1945 were gradually privatized by the end of the 1970s under Conservative Governments. Nationalization resumed in 1982 under a Socialist President and National Assembly and was followed by a privatization program implemented by a Conservative Government in 1986. Government owned banks conflict with the premise of a free market--one of the cornerstones of the EU. Crédit Lyonnais, the country's largest bank, remains the only large nationalized bank, although there are still a few small nationalized banks.
42. Bank Regulation
Bank licensing, regulation, and supervision have been divided among three legally independent but interrelated committees to reduce potential conflicts of interest.
Le Comité des Etablissements de Crédit (Credit Institutions Committee), licenses credit institutions, must approve significant changes to a credit institution's structure or ownership and may disapprove of management changes. CEC is chaired by the Governor of the Bank of France.
Le Comité de la Réglementation Bancaire (Bank Regulatory Committee) is chaired by the Minister of Economic Affairs. It proposes regulations for credit institutions regarding:
$ minimum capital levels,
$ prudential standards,
$ ownership conditions,
$ branch openings,
$ bank equity in other companies,
$ transaction requirements,
$ accounting information and
$ management standards.
This
is significant because in
La Commission Bancaire (Banking Commission) monitors the financial soundness of credit institutions and enforces legal and regulatory requirements. Chaired by the Governor of the Bank of France, CB has authority to inspect subsidiaries, holding companies and overseas branches of French banks.
Decisions by CEC and CB may be appealed to the administrative high court, le Conseil d'État. At least one of the two firms that annually audit each large bank will be:
$ Arthur Andersen
$ Coopers & Lybrand
$ Deloitte & Touche
$ Ernst & Young
$ KPMG Peat Marwick
$ Price Waterhouse
It is illegal to prohibit a customer from paying by check.
43.
Bank of
La
Banque de France (Bank of France) is
Before 1994, the Government determined monetary policy, which the Bank of France implemented. This central bank is now independent of the Ministry of Economic Affairs in formulating and implementing monetary policy. The recent independence of the Banque de France was due to a mandate that all 15 European Union member countries have independent central banks.
La Banque de France is managed by a Governor and two Deputy Governors. All three are appointed by the French Government (Conseil des Ministres) Cabinet for irrevocable 6-year terms, which may be renewed once. The Bank's responsibilities include:
$ issuing legal tender,
$ determining monetary policy,
$ regulating the franc's relationship to foreign currencies,
$ proper functioning of the banking and payments systems,
$ keeping treasury accounts,
$ (managing treasury bills) and
$ monitoring the economy's health.
La banque de France is authorized by law to demand financial assistance from the industry when another credit institution is in danger.
44. Economic Affairs Ministry
La Banque de France and the Ministry of Economic Affairs have the most influence in supervising and regulating credit institutions. The Ministry of Economic Affairs promotes economic growth, forecasts the French economy and manages public finances. Within the Ministry, le Trésor (Treasury), is headed by a civil servant, not a political appointee. The Economic Affairs Minister is influential because he or she:
$ is a member of the Government's Cabinet
$ appoints other members of CEC, CRB and CB
$ is a member or chair of CEC, CRB and CB committees
$ must sign credit institution regulations before they can take effect
$ is majority stockholder in every nationalized bank
$ can bail out public company losses using Government funds, for example, Crédit Lyonnais.
-o0O0o-
45. European Union
After
Pompidou was elected President in 1969, he overturned de Gaulle's
opposition to the
The
EU and its predecessors succeeded in creating a historic reconciliation between
$
$
$
$
$
$
$
$
$ Italy
$ Luxembourg
$ Netherlands
$ Portugal
$
$
$
$
$
$
$ Switzerland
46.
EU
Applications
EU Membership application status:
$
$
$
$
$
47. EU Geography
The 15 members of the European Union (Common Market) occupy 16% of the Earth's surface.
Area |
km2 |
% |
|
372,000 |
0.3 |
European Union |
2,253,000 |
1.7 |
|
3,287,000 |
2.4 |
|
7,686,000 |
5.7 |
|
9,372,000 |
6.9 |
|
9,600,000 |
7.1 |
|
9,976,000 |
7.3 |
Former
|
22,402,000 |
16.5 |
World |
135,783,000 |
100.5 |
48. European Governance
EU Institutions include:
1. European Council (head of state or government from each member)
2. Council of Ministers of European Union (also called Council of the European Union) includes all members; presidency rotates every 6 months among the 15 members in alphabetical order
3. Commission on the European Communities (also called European Commission) includes 20 members
4. European Parliament (626 elected MEP)
5. Court of Auditors (15 members)
6. European Monetary Institute (EU Central Bank Governors)
The
EU is governed by four institutions, including the Counsel of
Ministers/European Council, Commission, European Parliament and a Court of
Justice. A fifth, the Court of Auditors,
monitors EU budget spending. The EU has
no constitution but is founded on international treaties among sovereign
nations. Unlike international
organizations, the EU has power to enact laws that directly bind EU citizens
throughout EU territory. Under the
principal of "subsidiarity" the
49. Confederalism
The
EU is not governed by the concept of federalism as is the
Rather than being Afederal,@ the European Union system is a confederal system because member states are in a confederation. Each maintains its own sovereignty but in those areas where the EU takes action, members act in concert with one another.
50.
EU
Public View
The European Commission sometimes acts like a federal government, but blocks of public opinion in the 15 member states oppose this concept. The French Government does not favor creation of a federal government over and controlling member nations of the European Union.
Many French cannot recognize individual Commissioners= faces or names. Commissioners do not run for office and generate little or no publicity individually. Many citizens do not understand that their respective national governments have less power than in the past.
While news articles appear to show some Europeans oppose the Common Market/European Union, it is often because they cannot easily grasp the EU's complicated structure and do not know the commissioners who operate this supranational organization.
51.
The
1991 Treaty on European Union (Maastricht Treaty) supplements the Treaty of Rome
by broadening powers in several important areas: the environment, consumer protection,
education, occupational training and social policy. It established the principle of "subsidiarity"
according to which the European Union should not address questions that can be
satisfactorily resolved at the national level.
In addition, the European Union Treaty allows citizens of the
The
Treaty created two new concepts -- a common foreign and security policy setting
up a European defense system, and cooperation in justice and internal
affairs. The Economic and Monetary Union
plans to create a single currency by the end of the century. The intent is to transform
The Maastricht Treaty expanded the concept of an economic and monetary union and created a common security policy. It:
$ authorized a single currency by 1999.
$ created a European Central Bank in
$ created a Common Foreign and Security Policy.
$ renamed the "European Community" the "European Union".
$ created European citizenship.
$ was signed in
The
EU has a population 40% greater than the
1994 COMPARISONS
|
EU-15 |
US |
Area (1,000 square miles) |
1249 |
3732 |
Population (millions) |
370 |
258 |
Unemployed |
11.2% |
6.1% |
Gross Domestic Product (Billions) |
$7,294 |
$6,638 |
GDP increase 94-95 |
2.5% |
3.9% |
52. EU Budget
The
EU budget is 1.2% of the combined Gross Domestic Product (GDP) of the 15 member
states. The
$ part of the Value Added Tax (TVA) collected by member states.
$ custom duties on industrial products.
$ levies on agricultural products.
$ member contributions based on Gross National Product.
The $109 billion budget (1995) finances:
$ common policies
$ single market programs
$ oversees assistance and
$ redistribution of wealth from richer to poorer EU countries.
53. The European Commission
The 20 members of the Commission are drawn from each of the 15 EU countries. They swear an oath of independence distancing themselves from partisan influence. The European Commission President from 1985-94 was Jacques Delors. Delors had previously served as Socialist Minister of Finance under French President Mitterrand. The EU President for 1995-2000 is Jacques Santer.
The European Commission:
$ is the EU's executive body
$ proposes policies
$ proposes legislation
$ manages the EU budget
$ has investigatory powers
$ is responsible for administration
$ implements treaties
$ implements decisions of EU institutions
$ consists of 20 commissioners, including the president
$ commissioners are appointed by unanimity of member states
$ commissioners are approved in a block by European Parliament
$ commissioners hold portfolios of responsibility
$ commissioners act independently of national governments
$ can sue persons, companies or entities violating EU rules
$ represents the EU in trade negotiation
$ five-year terms are same as Parliament (1995-2000)
$ has 13,000 staffers headquartered in
The
20 member European Commission is required to include at least one but not more
than two people from each EU country.
Two commissioners come from each of the larger Member States (
The Commission uses its right of initiative to propose new legislation. Commission decisions are usually by consensus, however, the law requires only a majority vote. Pursuant to the principle of subsidiarity, it initiates legislation only on topics where the EU can take more effective action than individual Member States. Subsidiarity is enshrined in the Maastricht Treaty. Commission (executive power) proposals are submitted to the Council of Ministers (legislative policy) and to the European Parliament. If the Commission agrees, the Council can amend a proposal by a qualified majority. If the Commission disagrees, the change requires unanimity in the Council. The European Parliament shares co-decision power with the Council in several policy areas and has the right of amendment in others. When revising its proposals, the Commission must take Parliament's amendments into consideration. If the Commission can only obtain the Council's agreement by making "unacceptable" amendments, the Commission can withdraw the proposal rather than accept an agreement the Commission opposes.
The
real power in this complex European Union system is the Council of
Ministers. The European Commission
carries out decisions made by the member states collectively when their senior
representatives meet as the Council of Ministers. The main lobbying efforts by companies are in
The Commission upholds EU treaties by ensuring that EU legislation is correctly applied by Member States and that all citizens in the single market benefit from the new level playing field. The Commission can sue those in the public or private sector who fail to respect treaties. It can sue member states in the European Court of Justice when they fail to adopt EU directives.
The
Commission reviews subsidies paid by national governments to their
industries. It authorizes national
subsidies where allowed under EU law. In
1994, the Commission fined a group of firms $2.8
million ecus for running an illegal
market-rigging cartel. (The EU has since
changed the name of its currency from ecu
to euro). The Commission manages the
Union's budget and the EU's program to subsidize poorer countries in parts of
the
In agriculture, trade and competition policy, the Commission can take action without submitting proposals to the Council of Ministers. The Commission negotiates trade and other agreements with outside countries. The Commission has few powers of coercion, but its depth of specialized knowledge gives it powers of persuasion. Because of its expertise and neutral role, the Commission often acts as mediator between conflicting interests of Member States. Commission successes include:
$ Completion of the European single market on 1/1/93;
$ Creation of a monetary union and single currency by 1/1/99.
Commission
staff numbers 13,000 people--twice that of all other
EU institutions put together. On the
other hand, this is small for a
The
The Commission consists of approximately 38 departments called Directorats-Généraux (DG's). Each is headed by a director-general equivalent in rank to the top civil servant in a government ministry. Each director-general reports to a specific commissioner, who has the political and operational responsibility for one or more DGs.
The Commission meets once a week. Each item is presented by the Commissioner responsible for the policy sector in question. Decisions are by majority vote.
In addition to DG staff for which the Commissioner is responsible, each has a private office or "un cabinet." This consists of seven officials plus support staff. The Commission president is chosen by EU Heads of State meeting in the European Council. The choice of a President must be endorsed by the European Parliament. The other 19 Commission Members are nominated by the 15 member States. The 20 Commissioners must be approved by Parliament collectively before they can take office. Parliament has never used its power to force the resignation of the whole Commission through a censure vote.
The
Commission President participates with the 15 Heads of State at the
twice-yearly European Council meeting.
He participates as the
Because terms of office for Parliament and the Commission are the same (5 years) and because each newly elected Parliament must endorse the appointment of the new Commission, the Commission's make-up will be an issue in each European election campaign.
-o0O0o-
Along with le Conseil des Ministres, the European Parliament controls only a
part of the EU budget. Parliament's
legislative role is mainly consultative.
|
Members of European Parliament |
Commissioners of European Commission |
|