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Article 16 of the French Constitution
Article 16 of the French Constitution
When the Republic's institutions, national independence, or territorial integrity face a grave and immediate threat, and the regular functioning of constitutional public powers is disrupted, the President can take necessary measures after consulting with the Prime Minister, Presidents of the Assemblies, and the Constitutional Council.
Article 35 of the French Constitution:
Article 35 of the French Constitution:
Authorization for war declaration rests with the Parliament.
Government's duty to inform Parliament
Government's duty to inform Parliament
The Government must inform Parliament of any decision to use armed forces abroad no later than three days after the operation begins, specifying the reason behind intervention.
Prolongation of military intervention
Prolongation of military intervention
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Article 36 of the French Constitution:
Article 36 of the French Constitution:
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Article 89 of the French Constitution:
Article 89 of the French Constitution:
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Dissolution of the National Assembly
Dissolution of the National Assembly
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Article 49 of the French Constitution:
Article 49 of the French Constitution:
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Article 7
Article 7
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Study Notes
Articles on War
- Under Article 16, if the Republic's institutions, national independence, or territorial integrity are gravely and immediately threatened, and the regular functioning of constitutional public powers is interrupted.
- The President of the Republic takes necessary measures after consulting with the Prime Minister, Presidents of the Assemblies, and the Constitutional Council.
- The nation will be informed of the state of war by a message from the President.
- The measures must aim to provide constitutional public powers with the means to fulfill their mission promptly, and the Constitutional Council is consulted.
- Parliament convenes as of right during a state of war.
- The National Assembly cannot be dissolved during the exercise of exceptional powers.
- After 30 days of exercising exceptional powers, the Constitutional Council can be called upon by various officials to examine if the initial conditions still apply, rendering the state of war invalid.
- The declaration of war is authorized by Parliament according to Article 35.
- The Government informs Parliament of its decision to intervene with armed forces abroad no later than three days after the intervention starts, specifying the objectives, which may lead to a debate without a vote.
- If the intervention lasts over four months, the Government must seek Parliament's authorization for its extension.
- If Parliament is not in session when the four-month period ends, the decision is made at the following session's opening.
- Under Article 36, a state of siege is decreed in the Council of Ministers, and its extension beyond twelve days requires Parliament's authorization.
Revisions to the Constitution
- Per Article 89, the President of the Republic (upon the Prime Minister's proposal) and Members of Parliament can initiate constitutional revisions.
- Revisions must be examined within a set time frame and voted on by both assemblies in identical terms.
- Final approval requires a referendum.
- A revision project is not presented via referendum if the President decides to submit it to Parliament convened in Congress, requiring approval by a three-fifths majority of expressed votes.
- No revision procedure can be initiated or pursued if it undermines the integrity of the territory.
- The republican form of Government cannot be subject to revision.
Dissolution of the National Assembly
- Article 12 states that the President of the Republic, after consulting the Prime Minister and Presidents of the Assemblies, can dissolve the National Assembly.
- General elections must occur between twenty and forty days after the dissolution.
- The National Assembly convenes automatically on the second Thursday following its election.
- If that meeting falls outside the period for ordinary session, a session opens by right for fifteen days.
- A new dissolution cannot occur in the year following these elections.
Motions of Censure
- As per Article 49, the Prime Minister, after deliberation in the Council of Ministers, can engage the Government's responsibility before the National Assembly on its program or a general policy statement.
- The National Assembly can challenge the Government's responsibility through a motion of censure, which is only admissible if signed by at least one-tenth of the Assembly's members.
- A vote can only occur forty-eight hours after the motion is submitted.
- Only votes in favor of the motion are counted, and it requires a majority of the Assembly's members to pass.
- Unless specified otherwise, a deputy can sign no more than three censure motions during an ordinary session and no more than one during an extraordinary session.
- The Prime Minister can engage the Government's responsibility before the National Assembly on a vote on a financial bill or social security financing bill.
- In this case, the bill is considered adopted unless a censure motion is submitted within twenty-four hours and passed.
Other Governmental Facts
- Under certain conditions, the Prime Minister can use this procedure for another bill or proposal per session.
- The Prime Minister may ask the Senate to approve a general policy statement.
- According to Article 67, the President of the Republic is not responsible for actions taken in that role, except as provided in articles 53-2 and 68.
- During their term, they cannot be required to testify or be subject to any action or investigation before any French jurisdiction or administrative authority, and all prescription or preclusion periods are suspended.
- Actions hindered by this can resume one month after they leave office.
- Per Article 7, the President of the Republic is elected by an absolute majority of expressed votes, with a second round occurring fourteen days later if needed.
- Only the two candidates with the most votes in the first round can participate in the second.
- The election is opened upon convocation by the Government.
- The new President's election occurs twenty to thirty-five days before the incumbent's term expires.
- If the Presidency becomes vacant for any reason, or if the Constitutional Council determines an impediment has occurred, the President of the Senate temporarily assumes the President's functions, excluding those in articles 11 and 12.
- In case of vacancy or if the impediment is declared permanent, the election for a new President is held twenty to thirty-five days after the vacancy or declaration, unless overruled by the Constitutional Council due to force majeure.
- If a candidate dies or is prevented from running within seven days before the deadline for submitting candidacies, the Constitutional Council can postpone the election.
- If a candidate dies or is prevented from running before the first round, the Constitutional Council postpones the election.
- If one of the two leading candidates dies or is prevented from running after the first round but before potential withdrawals, the Constitutional Council declares that all electoral operations must start anew.
- The same applies if one of the two remaining candidates dies or is prevented from running before the second round.
- In all these cases, the Constitutional Council is consulted under the conditions set in Article 61 or as determined for presenting a candidate by the organic law in Article 6.
- The Constitutional Council can extend the deadlines, but the election cannot occur more than thirty-five days after the Council's decision.
- If these extensions result in the election occurring after the incumbent's term expires, they remain in office until their successor is proclaimed.
- Articles 49, 50, or 89 of the Constitution cannot be applied during a vacancy in the Presidency or during the period between the declaration of a permanent impediment and the election of a successor.
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