Loi constitutionnelle du 2 novembre 1945


French Constitution 1946

The Institutions of the Republic

Title 1 The Sovereignty

Art. 1. France is an indivisible, secular, democratic and social Republic.

Art. 2. The national emblem is the tricolor flag, bleu, white and red with three vertical strips of
equal dimensions.
The national hymn is the “Marseillaise.”
The witticism of the Republic is: “Liberty, Equality, Fraternity.”
Its principle is: government by the people, for the people and with the people.

Art. 3. National sovereignty belongs to the French people.
People use it, in constitutional subject, with the vote of its representatives and with the
referendum.
In all other subjects it uses it through its deputies in the National Assembly, chosen with
universal suffrage, equal, direct and secret.

Art. 4. Electors are, at the conditions determined by the law, all the national and French subjects
of age of both the sexes, who enjoy the civil and political rights.

Title II. The Parliament

Art. 5. The Parliament is composed from the National Assembly and the Council of the Republic.

Art. 6. The duration of the powers of every Assembly, its electoral system, the conditions of
eligibility, the regime of the ineligibility and incompatibility, are determined by the law.
The two Chambers are, besides, chosen on territorial base: the National Assembly with direct
universal suffrage; the Council of the Republic through the town and departmental collectivities,
with indirect universal suffrage. The Council of the Republic is renewable for half.
Nevertheless, the National Assembly can elect, with proportional representation, a number of
advisers that have not to overcome a sixth of the total of the members of the Council of the
Republic
The number of the members of the Council of the Republic cannot be inferior to 250 neither superior
to 320.

Art. 7 (1). The war cannot be declared without a vote of the National Assembly and the preventive
opinion of the Council of the Republic.

Art. 8. Each Chamber is judge of the eligibility of its members and the regularity of their
election; it can receive their resignations, only.

Art. 9 (2). The National Assembly meets of full law in annual session on second Tuesdays of
January.
The general duration of the interruptions of the session cannot overcome four months. The updating
of the sessions superior to ten days are considered as interruptions of the session.
The Council of the Republic meets contemporarily to the National Assembly.

Art. 10. The sessions of the two Chambers are public. Either the reports in extenso of the
discussions either the parliamentary documents are published in the “Journal Officiel”
Each Chamber can meet in secret committee.

Art. 11 (3). Each Chamber elects its Office of
Presidency every year, at the beginning of the session, with the proportional representation of the
groups.
When the two Chambers meet for the election of the President of the Republic their Presidency is
that of the National Assembly.

Art. 12 (4). When the National Assembly is not in session, its Presidency, checking the action of
the Cabinet, can summon the Parliament; it has to do so with the request of a third of the deputies
or the President of the Council of the ministers.
Art. 13. Only the Assembly votes the laws. It cannot delegate such right.

Art. 14 (5). The President of the Council of the Ministers and the members of the Parliament have
the initiative of the laws.
The bill of law [projets, or rather “introduced by the Government”: note of the translator.] and
the proposals of law formulated by the members of the National Assembly are deposited in its office
of presidency.
The proposals of law formulated by the members of the Council of the Republic are deposited in the
office of presidency of this and transmitted before the discussion to the Presidency of the
National Assembly. They are not admissible when they have as consequence a diminution of entrances
or an increase of expenses.

Art. 15. The National Assembly studies the bills and the proposals of law, of which it is invested
in the committees, of which it determines the number, the composition and the competence.

Art. 16. In the National Assembly is discussed the bill of law related to the budget.
This same law cannot include anything other than tightly financial dispositions.
An organic law will regulate the way of presentation of the budget.

Art. 17. The deputies of the National Assembly enjoy some initiative in subject of expenses.
Nevertheless, no proposal made to increase the anticipated expenses or to create the new one can be
introduced in the center of discussion of the budget and the notes of variations.

Art. 18. The National Assembly equalizes the accounts of the Nation.
To such effect it is assisted by the Court of the accounts.
The National Assembly can entrust the Court of the accounts to develop any investigation or study
regarding the collections and the public expenses or the management of the treasury.

Art. 19. The amnesty can be granted only by law.

Art. 20 (6). The Council of the Republic examines, for its opinion, the bills and the proposals of
law voted in first reading from the National Assembly.
It gives its opinion within two months, at maximum, from the transmission from the National
Assembly. When it concerns the law of the budget, such term can be reduced, where it needs, in way
not to exceed the time employed by the National Assembly to examine it and to vote it. When the
National Assembly has decided to follow the procedure of urgency, the Council of the Republic
expresses its opinion in the same anticipated term for the discussions of the National Assembly
according to the rule of this one. The anticipated terms in the present article are suspended
during the interruptions of the session. They can be prolonged with deliberation of the National
Assembly.
If the opinion of the Council of the Republic is conforming, or it has not been given in the terms
foreseen by the precedent paragraph, the law is promulgated in the text voted by the National
Assembly.
If the opinion is not conforming, the National Assembly examines the bill or the proposal of law in
second reading. It definitely deliberates only on the amendments proposed by the Council of the
Republic, completely or partly approving them or rejecting them. In case of total or partial
rejection of such amendments, the vote in second reading takes place with public vote, at absolute
majority of the members of the National Assembly, when the vote has happened, by the Council of the
Republic, under the same conditions.

Art. 21. No member of the Parliament can be pursued, sought after, halted, imprisoned or judged in
dependence of the opinions or votes from him issued in the exercise of his functions.

Art. 22 (7). No member of the Parliament is able, during his mandate, to be pursued or halted in
criminal or correctional subject if not with the authorization of the Chamber of which he makes
part, saving the case of flagrant crime. The detention or the procedure against a member of the
Parliament are suspended, if the Chamber of which he makes part requires it.

Art. 23. The members of the Parliament perceive an established indemnity with reference to the
treatment of a category of officials.

Art. 24. Nobody can contemporarily belong to the National Assembly and the Council of the Republic.
The members of the Parliament cannot belong to the Economic Council, neither to the Assembly of the
French union.

Title III. The Economic Council

Art. 25. An Economic Council, whose statute is regulated by
law, examines, for the opinion, the bills and the proposals of law of its competence. Such projects
are submitted to it from the National Assembly before it deliberates.
The Economic Council can be also consulted by the Council of the ministers. It is obligatorily when
it is to establish an economic national plan having for object the full employment of the men and
the rational use of the material resources. […]

Title V. The President of the Republic

Art. 29. The President of the Republic is elected by the Parliament. He is chosen for a seven-year
period. He can be re-elected one time.

Art. 30. The President of the Republic names, in Council of the ministers, the advisers of State,
the Great Chancellor of the Legion of honor, the ambassadors and the extraordinary envoys, the
members of the superior Council and the Committee of the national defense, the Rectors of the
Universities, the Prefects, the Managers of the central administrations, the general officers, the
Representatives of the Government in the Territories of overseas.

Art. 31. The President of the Republic is kept aware of the international negotiations. He signs
and ratifies the agreements. The President of the Republic accredits the ambassadors and the
extraordinary envoys in the foreign Powers; the ambassadors and the foreign extraordinary envoys
are accredited to him.

Art. 32. The President of the Republic presides the Council of the ministers.
He lets compile and guards the oral reports of the sessions.

Art. 33. The President of the Republic presides, with the same attributions, the superior Council
and the Committee of the national defense and he has the title of Chief of the armed forces.

Art. 34. The President of the Republic presides the superior Council of the Magistracy.

Art. 35. The President of the Republic manages, in superior Council of the Magistracy, the right of
grace.

Art. 36. The President of the Republic definitely promulgates the laws within ten days from the
transmission to the Government of the approved law.
Such term is reduced to five days in case of urgency declared by the National Assembly.
Within the term fixed for the promulgation, the President of the Republic is able, with motivated
message, to ask the Chambers a new deliberation that cannot be refused.
If, the promulgation from the President of the Republic doesn't intervene in the terms established
by the present Constitution, the President of the National Assembly does it.

Art. 37. The President of the Republic communicates with the Parliament with messages addressed to
the National Assembly.

Art. 38. Every action of the President of the Republic must be countersigned from the President of
the Council of the ministers and from a minister.

Art. 39. Not over thirty and not before fifteen days from the cessation of the powers of the
President of the Republic, the Parliament proceeds to the election of the new President.

Art. 40. If, in application of the preceding article, the election has taken place in the period in
which the National Assembly is dissolved to the senses of the art. 51, the powers of the President
of the Republic are postponed until the election of the new President. The Parliament proceeds to
the election of the new President within ten days from the election of the new National Assembly.
In such case the designation of the President of the Council of the ministers takes place within
fifteen days from the election of the new President of the Republic.

Art. 41. In case of impediment recognized by a vote of the Parliament, and in case of vacation for
death, resignations or other cause, the President of the National Assembly provisionally assumes
the interim of the functions of the President of the Republic And he will be replaced in his
functions from a Vice-president.
The new President of the Republic is chosen within ten days, except what said in the preceding
article.

Art. 42. The President of the Republic is responsible only in case of high betrayal.
He can be set in state of accusation from the National Assembly and postponed in front of the high
Court of justice according to the norms contained in the art. 57.

Art. 43. The office of President of the Republic is incompatible with every other public function.

Art. 44. The members of the families that have reigned in France cannot be chosen to the Presidency
of the Republic.

Title VI. The Ministers' Council

Art. 45 (8). At the beginning of every legislature the President of the Republic, after the
consultations of rite, designates the President of the Council. These one submits the program and
the politics of the Cabinet that he intends to constitute to the National Assembly.
The President of the Council and the ministers cannot be named if not after the President of the
Council has gotten confidence from the Assembly, through nominal appeal and to absolute majority,
saving the case of force majore that prevents the reunion of the National Assembly.
This disposition is also applied during the legislature, in the case of vacation for death,
resignations or other cause, except what is said in the art. 52. The norms of the art. 51 are not
applicable in the case that the ministerial crisis intervenes within fifteen days from the
nomination of the ministers.

Art. 46. The President of the Council and the ministers from him chosen are named with decree of
the President of the Republic.

Art. 47. The President of the Council of the ministers assures the execution of the laws.
He names all the civil and military employment, except those foreseen by the artts. 30, 46 and 84.
The President of the Council assures the direction of the armed forces and coordinates the national
defense.
The actions of the President of the Council of the ministers contained in the present article are
countersigned by the competent ministers.

Art. 48. The ministers are collegially responsible in front of the National Assembly of the general
politics of the Cabinet and individually of their personal actions.
They are not responsible toward the Council of the Republic.

Art. 49 (9). The matter of confidence cannot be set if not after a deliberation of the Council of
the ministers; and it must be promoted by the President of the Council.
The vote on the matter of confidence will not be held before it has spent one whole day after that
the same matter was set in front of the Assembly, and it will be given for nominal appeal.
Confidence can be denied to the Cabinet only by the absolute majority of the members of the
Assembly.
The denial involves the resignations of the Cabinet.

Art. 50 (10). The favorable vote on a motion of censorship from the Assembly involves the collegial
resignations of the Cabinet.
Such vote cannot take place before it has spent one whole day after the deposit of the motion and
it will be given for nominal appeal.
The motion of censorship must be approved to absolute majority of the members of the Assembly.

Art. 51. If during eighteen months two ministerial crises intervene under the conditions foreseen
by the artts. 49 and 50, the breaking-up of the National Assembly can be definite in Council of the
ministers, heard the opinion of the President of the Assembly. The breaking-up will be pronounced,
in conformity of such decision, with decree of the President of the Republic.
The dispositions of the preceding paragraph are not applicable if not after the first eighteen
months of the legislature.

Art. 52 (11). In case of breaking-up, the Cabinet, except the President of the Council and the
Minister of Home Affairs, stays incumbent for the ordinary administration.
The President of the Republic names President of the Council the President of the National
Assembly. This one names the new Minister of the Home Affairs in accord with the office of
presidency of the National Assembly. And he names ministers of State some members of the groups not
representing the Government.
The general elections take place not less than twenty or no more than thirty days after the
breaking-up.
The National Assembly is summoned by full law on third Thursdays following to the election.

Art. 53. The ministers can intervene to the sessions of the two Chambers and their Committes. They
must be intended every time that they require it.
They can let be assisted in the discussions to the Chambers from Commissioners to such purpose
designated with special decrees.

Art. 54. The President of the Council of the ministers can delegate some powers to a minister.

Art. 55. In case of vacation for death or for other cause, the Council of the ministers entrusts
provisionally one of its components to exercise the functions of President of the Council of the
ministers .

Title VII. The Penal Responsibility of the Ministers

Art. 56. The ministers are penally responsible of the crimes committed in the exercise of their
functions.

Art. 57. The ministers can be set in state of accusation from the National Assembly and sent in
front of the high Court of justice.
The National Assembly deliberates by secret ballot and to absolute majority of the members, except
for those people who have been called to take part to the accusation to the inquiry or in the
trial.

Art. 58. The high Court of justice is elected by the National Assembly at the beginning of every
legislature.

Art. 59. A special law establishes the constitution and the procedure of the high Court.

Title VIII. The French union

Section I. - general Principles

Art. 60. The French union is composed, from a side, from French Republic, that includes
metropolitan France, the Departments and the Territories of overseas, and, from the other side,
from the associated Territories and States.

Art. 61. The situation of associated States in the French union results for each one from the act
that defines its relationships with France.

Art. 62. The members of the French union contribute with all their means to the defense of the
whole Union. The Government of the Republic takes care of the coordination of such mean and the
direction of the politics established to prepare and to guarantee such defense.

Section II. - The organization

Art. 63. The central organs of the French union are: the Presidency, the high Council, the
Assembly.

Art. 64. The President of the French Republic is President of the French union, and he represents
the permanent affairs of it.

Art. 65. The high Council of the French union, presided by the President of the union, is composed
from a delegation of the French government and from the representations that each associated state
has the faculty to designate near the President of the union.
It has for essential function to assist the Government in the general politics of the union.

Art. 66. The Assembly of the French union is composed, for half, from representing members of
metropolitan France and, for half, from representing members of the Departments, the Territories of
overseas and associated States .
An organic law will establish in which proportions can be represented the different component of
the population.

Art. 67. The members of the Departments and the Territories of overseas are elected to the Assembly
of the union by the territorial asseblies; those of metropolitan France are chosen in reason for
two third from the members of the Assembly National representing the metropolis and in reason for a
third from the members of the Council of the Republic representing the metropolis.

Art. 68. The associated States can send delegates to the Assembly of the union in the limits and to
the conditions established from a law and from an inside act of each State.

Art. 69. The President of the French union summons the Assembly of the French union and closes the
sessions of it. He is forced to summon it on request of half its components.
The Assembly of the French union cannot work during the intervals between the sessions of the
Parliament.

Art. 70. The norms of the artts. 8, 10, 21, 22 and 23 are applied to the Assembly of the French
union to the same conditions with which they are applied to the Council of the Republic.

Art. 71. The Assembly of the French union is invested with the bills and the proposals of law that
have been submitted to it for the opinion from the National Assembly, or from the Government of the
French Republic, or from the Governments of associated States .
The Assembly pronounced itself on the proposals of resolutions that have been presented to it from
one of its members and if it takes them in consideration, it can entrust its Office of presidency
to transmit them to the National Assembly. It can make proposals to the French Government and the
high Council of the French union.
The proposals of resolution of which in the previous paragraph must be referred to laws related to
the Territories of overseas.

Art. 72. In the Territories of overseas the legislative power belongs
to the Parliament for what it concerns the penal legislation, the regime of the fundamental
liberties and the political and administrative organization.
For all other subjects, the French law is valid in the territories of overseas only when it gives
disposition of it peremptory or when has been extended to the Territories of overseas, with special
decree, heard the opinion if the Assembly of the union.
Besides, derogating art. 13, the President of the Republic, in Council of the ministers, with
previous opinion of the Assembly of the union, can establish particular dispositions for each
Territory

Section III. - The Departments and the Territories of overseas

Art. 73. The legislative system of the Departments of overseas is equal to that of the metropolitan
Departments, saving the exceptions established by the law.

Art. 74. The Territories of overseas have a special statute that keeps track of their particular
affairs within the affairs of the Republic.
Such statute and the inside organization of each Territory of overseas, or of each group of
Territories, is established from by law, heard the Assembly of the union French and previous
consultation of the territorial Assemblies.

Art. 75. The particular statutes of the members of the Republic and the French union are
susceptible of evolution.
The statutory modifications and the passages from a category to the other, in the picture pointed
out by the art. 60, take place only in force of a law voted by the Parliament previous consultation
of the territorial Assemblies and the Assembly of the union.

Art. 76. The representative of the Government in each Territory or group of Territories is the
deposit of the powers of the Republic. He is also the Chief of the administration of the Territory.
It is responsible of his actions toward the Government.

Art. 77. In every Territory is founded an elective Assembly. The electoral system, the composition
and the competence of such Assembly are established by law.

Art. 78. In the groups of Territories the guardianship of the common affairs is entrusted to an
Assembly composed of members elected by the territorial Assemblies.
Its composition and its powers are disciplined by law.

Art. 79. The Territories of overseas elect their own representatives to the National Assembly and
the Council of the Republic in the forms established by law.

Art. 80. The natives of the Territories of overseas are considered citizen, to the same title of
the national French of the metropolis or the Territories of overseas. Special laws will discipline
the forms in which such right can be exercised.

Art. 81.national French and the natives of the French union are citizen of the French union, which
assures the enjoyment of the rights and the liberties guaranteed to them in the preamble of the
present Constitution.

Art. 82. The citizens that don't have the French civil statute preserve their personal statute,
because they cannot give up it.
Such statute is not able in any case to constitute motive to refuse or to limit the rights and the
liberties deriving from the status of French citizen.

Title IX. The Superior Council of the Magistracy

Art. 83. The superior Council of the Magistracy is composed of fourteen members:
the President of the Republic, President;
the Minister of the justice, Vice-president;
six members chosen for six years from the National Assembly itself, to two third majority and six
substitutes, chosen to the same conditions;
six members designated as it follows:
four magistrates, chosen for six years in the ways foreseen by the law and four substitutes, chosen
in the same way
two members, named for six years from the President of the Republic, choosing them out of the
Parliament and of the magistracy, but among the forensic professions and two substitutes equally
designated .
The decisions of the superior Council of the Magistracy are adopted to majority of votes. In case
of parity, the vote of the President prevails.

Art. 84. The President of the Republic names, on proposal of the superior Council of the
Magistracy, the magistrates, to exception of those of the District Attorney.
The superior Council of the Magistracy assures, accordingly to the dispositions of law, the
magistrates' discipline, their independence and the administration of the judicial organs.
The magistrates of the judicial organs irrevocable.

Title X. The Territorial Collectivities

Art. 85. The French Republic, one and indivisible, recognizes the subsistence of the territorial
collectivities.
Such collectivities are the Communes, the Departments and the Territories of overseas.

Art. 86. The general position, the extension, the possible grouping and the organization of the
Communes and the Departments, as well as of the Territories of overseas are established by the law.

Art. 87. Territorial collectivities are freely administered through Councils chosen to universal
suffrage.
The taking care of the execution of the decisions of such Councils is of the Mayor [Maire] or their
President.

Art. 88. The coordination of the activity of the officials of the State, the representation of the
national affairs and the administrative control of the territorial collectivities are assured, in
the departmental circle, from Delegates of the Government, named in Council of the ministers.

Art. 89. Some organic laws will extend departmental and town liberties; they can foresee, for some
large cities, norms of operation and different structures from those of the small Common and to
allow special dispositions for some Departments; and they will establish, besides, the conditions
of application of the preceding artts. from 85 to 88.
Equally for law it will be established in which way the local services of the central
administrations will work, so that to approach the administration to the people.

Title XI. The Revision of the Constitution

Art. 90. The revision takes place in the following forms.
The revision must be decided with deliberation adopted to absolute majority of the members of the
National Assembly.
Such deliberation points out the object of the revision.
It is submitted, in the three month-minimum term, to a second reading, to which it has to proceed
in the same forms of the first one, unless the deliberation has not been adopted to absolute
majority from the Council of the Republic, to which it must be sent by the National Assembly.
After such second reading, the National Assembly elaborates the project of law for the revision of
the Constitution. Such project is submitted to the Parliament and voted to majority, in the forms
anticipated for the ordinary laws.
The project is submitted to referendum, except that it has been adopted in second reading from the
Assembly National with a two third majority or majority of the three fifth voted by each assembly.
The project is promulgated as constitutional law from the President of the Republic within eight
days from its adoption.
No constitutional revision related to the existence of the Council of the Republic can be effected
without the consent of the Council itself or without recourse to a referendum.

Art. 91. The constitutional Committee is presided by the President of the Republic.
They make part of it: the President of the National Assembly, the President of the Council of the
Republic, seven members chosen to the National Assembly at the principle of every annual session
with the proportional representation of the groups and select out of its members, three members
chosen in the same forms from the Council of the Republic
The constitutional Committee verifies if the laws voted by the National Assembly implicates a
revision of the Constitution.

Art. 92. Within the term of promulgation of the law, the Committee is invested of the matter
through a question presented jointly from the President of the Republic and from the President of
the Council of the Republic, after the Council has deliberated to absolute majority of its own
components.
The Committee examines the law, it tries to promote the accord between the National Assembly and
the Council of the Republic and, if it doesn't succeed, it deliberates within five days from that
in which has been invested of the matter. In case of urgency, such term can be reduced to two days.
The Committee can decide only on the possibility of revision of the dispositions of the titles from
the 1 to the 10 of the present Constitution.

Art. 93. The law that, according to the opinion of the Committee, implicates a revision of the
Constitution, is sent to the Assembly for a new deliberation.
If the Parliament insists on its precedent vote, the law cannot be promulgated before the
Constitution has been revised in the forms foreseen by art. 90.
If the law is judged conforming to the dispositions of the Titles from the 1 to the 10 of the
present Constitution, is promulgated in the term foreseen by art. 36, prolonged subsequently of the
duration of the terms foreseen by art. 92.

Art. 94. In case of occupation of whole or part of the metropolitan territory from foreign forces,
no procedure of revision can be begun or continued.

Art. 95. The republican form of government cannot constitute the object of a proposal of revision.
[…]

(Source: http://www.geocities.com/iturks/html/french_constitutions.html)


Reading assignment: http://fr.wikisource.org/wiki/Constitution_du_4_octobre_1958 or

http://www.assemblee-nationale.fr/english/8ab.asp