Parliamentary composition and functions

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The National Assembly is composed of 577 deputies who are directly elected
for a term of five years in single-member constituencies on the basis of a
majority two-ballot system, which requires that a runoff take place if no
candidate has obtained the absolute majority on the first ballot. The system
was abandoned for proportional representation for the 1986 general election,
but it was reintroduced for the 1988 election and has remained in place ever
since. In 2012 the Senate was composed of 348 senators indirectly elected
for six years by a collège électoral consisting mainly of municipal councillors
in each département, one of the administrative units into which France is
divided. The parliament retains its dual function of legislation and control
over the executive but to a lesser extent than in the past. The domain of law
(Article 34) is limited to determining the basic rules and fundamental
principles concerning such matters as civil law, fiscal law, penal law,
electoral law, civil liberties, labour laws, amnesty, and the budget. In these
matters the parliament is sovereign, but the government can draw up the
details for the application of laws.
The government is responsible for all other matters, according to Article 37
of the constitution, and the assemblies can in no way interfere; the
Constitutional Council is responsible for ensuring that these provisions are
respected. The parliament can temporarily delegate part of its legislative
power to the government, which then legislates by ordinances. This
procedure has been used on matters concerning Algeria, social security,
natural disasters, European integration, and unemployment. Finally,
government and the parliament are advised by an Economic and Social
Council, composed of 230 representatives of various groups (e.g., trade
unions and employers’ and farmers’ organizations) that must be consulted
on long-term programs and on developments and that may be consulted on
any bill concerning economic and social matters.

The right to initiate legislation is shared by the government and the

parliament. Bills are studied by parliamentary committees, although the
government does control the agenda. The government can also, at any point
during the debate over a bill, call for a single vote on the whole of the bill’s
text. Parliamentary control over the government can be exercised, but it is
less intense than in the British system. There are questions to ministers
challenging various aspects of performance, but these take place infrequently
and are primarily occasions for lesser debates and do not lead to effective
scrutiny of the government’s practices. Committee inquiries are also
relatively rare. The National Assembly, however, has the right to censure the
 government, but, in order to avoid the excesses that occurred before 1958 (as
a result of which governments often fell once or twice a year), the motion of
censure is subject to considerable restrictions. Only once in the first 50 years
of the Fifth Republic, in 1962, did the National Assembly pass a motion of
censure, when it stalled de Gaulle’s referendum for direct election of the
president by universal suffrage, which ultimately met with approval. The
government is also strengthened by its constitutional power to ask for a vote
of confidence on its general policy or on a bill. In the latter case a bill is
considered adopted unless a motion of censure has obtained an absolute
majority.

The role of referenda

The people may be asked to ratify, by a constituent referendum (Article 89),

an amendment already passed by the two houses of the parliament. The
constitution made provision for legislative referenda, by which the president
of the republic has the authority to submit a proposed bill to the people
relating to the general organization of the state (Article 11).
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 This procedure was used twice in settling the Algerian question of
independence, first in January 1961, to approve self-determination in Algeria
(when 75 percent voted in favour), and again in April 1962, approving the
Évian Agreement, which gave Algeria its independence from France (when
91 percent voted in favour). The use of this latter procedure to amend the
constitution without going through the preliminary phase of obtaining
parliamentary approval is constitutionally questionable, but it led to a
significant result when, in October 1962, the election of the president by
universal suffrage was approved by 62 percent of those voting. In April 1969,
however, in a referendum concerning the transformation of the Senate into
an economic and social council and the reform of the regional structure of
France, fewer than half voted in favour, and this brought about President de
Gaulle’s resignation.

Through the end of the 20th century, national referenda were met with low
voter turnout. The procedure was used in 1972 for the enlargement of the
European Economic Community (EEC) by the proposed addition of
Denmark, Ireland, Norway, and the United Kingdom; in 1988 for the
proposed future status of the overseas territory of New Caledonia; and in
1992 for approval of the Maastricht Treaty, which established the European
Union. In 1995, when minor modifications were made to the constitution,
the use of the referendum was enlarged to include proposed legislation
relating to the country’s economic and social life. In 2000 a referendum
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 shortened the presidential term from seven to five years. A 2005 referendum
on a proposed constitution for the European Union was soundly defeated,
and the setback forced EU officials to consider alternative means to further
European integration.

The role of the Constitutional Council

The Constitutional Council is appointed for nine years and is composed of

nine members, three each appointed by the president, the National
Assembly, and the Senate. It supervises the conduct of parliamentary and
presidential elections, and it examines the constitutionality of organic laws
(those fundamentally affecting the government) and rules of parliamentary
procedure. The council is also consulted on international agreements, on
disputes between the government and the parliament, and, above all, on the
constitutionality of legislation. This power has increased over the years, and
the council has been given a position comparable to that of the U.S. Supreme
Court.

Regional and local government

The main units of local government, defined by the constitution as

collectivités territoriales (“territorial collectivities”), are the régions, the
départements, the communes, and the overseas territories. A small number
of local governments, known as collectivités territoriales à statut particulier
(“territorial collectivities with special status”), have slightly different
administrative frameworks; among these are the island of Corsica and the
large cities of Paris, Lyon, and Marseille.

The régions
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 One of the main features of decentralization in French government has
evolved through the creation of the régions. These include the 21
metropolitan régions of mainland France as well as the 5 overseas régions of
Guadeloupe, Martinique, French Guiana, Mayotte, and Réunion. (The
overseas régions are simultaneously administered as overseas
départements.) Although Corsica is still commonly described as one of 22
régions of metropolitan France, its official status was changed in 1991 from
région to collectivité territoriale à statut particulier; its classification,
unique among France’s local governments, provides Corsica greater
autonomy than the régions.

After a number of limited changes lasting two decades, a 1982 law set up
directly elected regional councils with the power to elect their executive. The
law also devolved to the regional authorities many functions hitherto
belonging to the central government, in particular economic and social
development, regional planning, education, and cultural matters. The
régions have gradually come to play a larger part in the administrative and
political life of the country.

The départements
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The région to an extent competes with the département, which was set up in
1790 and is still regarded by some as the main intermediate level of
government. With the creation in 1964 of new départements in the Paris
region and the dividing in two of Corsica in 1976, the number of
départements reached 100: 96 in metropolitan France and 4 overseas
(Guadeloupe, Martinique, French Guiana, and Réunion, which are
simultaneously administered as régions). In 2009, residents of Mayotte
voted overwhelmingly in favour of département status, and two years later it
became France’s fifth overseas (and its 101st total) département. Each
département is run by the General Council, which is elected for six years
with one councillor per canton. There are between 13 and 70 cantons per
département. The General Council is responsible for all the main
departmental services: welfare, health, administration, and departmental
employment. It also has responsibility for local regulations, manages public
and private property, and votes on the local budget.

A law passed in 1982 enhanced decentralization by increasing the powers

and authority of the départements. Formerly, the chief executive of the
département was the government-appointed prefect (préfet), who also had
strong powers over other local authorities. Since the law went into effect,
however, the president of the General Council is the chief executive and the
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 prefect is responsible only for preventing the actions of local authorities from
going against national legislation.

The communes

The commune, the smallest unit of democracy in France, dates to the

parishes of the ancien régime in the years before the Revolution. Its modern
structure dates from a law of 1884, which stipulates that communes have
municipal councils that are to be elected for six years, include at least nine
members, and be responsible for “the affairs of the commune.” The council
administers public land, sets up public undertakings, votes on its own
budget, and over recent years has played an increasing role in promoting
local economic development. It elects a mayor and the mayor’s assistants.
Supervision by the central government, once very tight, has been markedly
reduced, especially since 1982.
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 The mayor is both the chief executive of the municipal council and the
representative of the central government in the commune. The mayor is in
charge of the municipal police and through them ensures public order,
security, and health and guarantees the supervision of public places to
prevent such things as fires, floods, and epidemics. The mayor also directs
municipal employees, implements the budget, and is responsible for the
registry office. French mayors are usually strong and often dominate the life
of the commune. They are indeed important figures in the political life of the
country.

French communes are typically quite small; there are more than 36,500 of
them. Efforts have been made to group communes or to bring them closer to
one another, but these have been only partly successful. In certain cities,
such as Lyon and Lille, cooperative urban communities have been created to
enable the joint management and planning of a range of municipal services,
among them waste disposal, street cleaning, road building, and fire fighting.
A similar approach has been adopted elsewhere, including rural areas, with
the establishment of syndicats intercommunaux that allows services to be
administered jointly by several communes. Moreover, since the 1999 law on
Regional Planning and Sustainable Development, the communes within
urban areas of more than 50,000 inhabitants have been encouraged to pool
resources and responsibilities to promote joint development projects by
means of a new form of administrative unit known as the communauté
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 d’agglomération.

The overseas territories

The status of many of France’s overseas territories—vestiges of the French

Empire—changed in the 1970s. Independence was proclaimed in 1975 by the
Indian Ocean archipelago of the Comoros, with the exception of Subscribe
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(Mahoré) island, which chose to remain within French rule; in 1977 by
France
Djibouti, on the Horn of! Table and
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in 1980 by the Anglo-French Pacific
Ocean condominium of the New Hebrides, under the name of Vanuatu.
Mayotte was elevated to the status of territorial collectivity in 1976, and in
North America the island territory of Saint-Pierre and Miquelon was
elevated to the same status in 1985. France granted Mayotte, known as a
departmental collectivity from 2001, the status of overseas département in
2011.

The only places retaining overseas territory status are French Polynesia (with
its capital at Papeete on the island of Tahiti), New Caledonia, the Wallis and
Futuna islands in the Pacific, and the Adélie Land claim in Antarctica. These
territories have substantial autonomy except in matters reserved for
metropolitan France, such as diplomacy and defense. They are governed
through various but similar administrative structures, usually involving an
elected council and a chief executive, but they are subject to the tutelage of a
representative of the French Republic. A 1998 decision regarding New
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 Caledonia envisaged the progressive transfer of political responsibilities to
the island over a period of 15 to 20 years.
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