Role and powers of the French president

Role of the President of the Republic

He is the guarantor of national independence and the integrity of the territory but also guardian of the Constitution, responsible for the regular functioning of the public powers and the continuity of the State. He also decides on the main political orientations and occupies the first place in the State.

Powers of the President of the Republic

He is an army commander. He appoints the Prime Minister and puts an end to his functions on presentation by the latter of the resignation of the government. On the proposal of the Prime Minister, he appoints the other ministers and can also put an end to their function. He presides over the Council of Ministers and promulgates the laws. On the proposal of the Prime Minister, he takes the initiative for the revision of the Constitution, signs the ordinances and the main decrees. It negotiates and ratifies international treaties on behalf of France and can take, in exceptional times, any measures required by the circumstances, if national independence, territorial integrity or institutions are threatened.

Articles relating to the French President in the Constitution of October 4, 1958 :

Section 5 :

The President of the Republic sees to the respect of the Constitution. He ensures, through his arbitration, the regular functioning of the public powers as well as the continuity of the State.

He is the guarantor of national independence, territorial integrity and respect for treaties.

Section 6 :

The President of the Republic is elected for five years by direct universal suffrage.

The methods of application of this article are fixed by an organic law.

Section 7 :

The President of the Republic is elected by an absolute majority of the votes cast. If this is not obtained in the first ballot, a second ballot is held on the second following Sunday. Only the two candidates who, if necessary after withdrawal of more favored candidates, find themselves having collected the greatest number of votes in the first round can present themselves there.

The ballot is open when convened by the government.

The election of the new president takes place twenty days at least and thirty-five days at most before the expiry of the powers of the president in office.

In the event of a vacancy in the Presidency of the Republic for any reason whatsoever, or of an impediment noted by the Constitutional Council seized by the government and ruling by an absolute majority of its members, the functions of the President of the Republic, at the Except for those provided for in Articles 11 and 12 below, are temporarily exercised by the President of the Senate and, if the latter is in turn prevented from exercising these functions, by the government.

In the event of a vacancy or when the impediment is declared definitive by the Constitutional Council, the ballot for the election of the new president takes place, except in cases of force majeure noted by the Constitutional Council, twenty days at least and thirty-five days at no longer after the opening of the vacancy or the declaration of the definitive nature of the impediment.

If, in the seven days preceding the deadline for submitting nominations, one of the persons who, less than thirty days before this date, publicly announced his decision to be a candidate dies or finds himself impeded, the Constitutional Council may decide to postpone the election.

If, before the first round, one of the candidates dies or finds himself impeded, the Constitutional Council pronounces the postponement of the election.

In the event of the death or impediment of one of the two most favored candidates in the first round before any withdrawals, the Constitutional Council declares that all the electoral operations must be carried out again; the same applies in the event of the death or incapacity of one of the two candidates remaining present for the second round.

In all cases, the matter is referred to the Constitutional Council under the conditions set out in the second paragraph of Article 61 below or under those determined for the presentation of a candidate by the organic law provided for in Article 6 above.

The Constitutional Council may extend the periods provided for in the third and fifth paragraphs without the ballot being able to take place more than thirty-five days after the date of the decision of the Constitutional Council. If the application of the provisions of this paragraph has the effect of postponing the election to a date after the expiry of the powers of the current president, the latter shall remain in office until the proclamation of his successor.

Neither articles 49 and 50 nor article 89 of the Constitution may be applied during the vacancy of the presidency of the Republic or during the period which elapses between the declaration of the definitive nature of the incapacity of the president of the Republic and the election of his successor.

Section 8 :

The President of the Republic appoints the Prime Minister. He puts an end to his functions on the presentation by this one of the resignation of the government.

On the proposal of the Prime Minister, he appoints the other members of the government and puts an end to their functions.

Section 9 :

The President of the Republic chairs the Council of Ministers.

Section 10 :

The President of the Republic promulgates the laws within the fifteen days following the transmission to the government of the law definitively adopted.

He may, before the expiry of this period, ask Parliament for a new deliberation of the law or of certain of these articles. This new deliberation cannot be refused.

Section 11 :

The President of the Republic, on the proposal of the government during the duration of the sessions or on the joint proposal of the two assemblies, published in the Official Journall, may submit to referendum any bill relating to the organization of public powers, to reforms relating to the economic or social policy of the nation and to the public services which contribute thereto, or tending to authorize the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of the institutions.

When the referendum is organized on the proposal of the government, the latter makes a declaration before each assembly, which is followed by a debate.

When the referendum has concluded with the adoption of the bill, the President of the Republic promulgates the law within the fifteen days following the proclamation of the results of the consultation.

Section 12 :

The President of the Republic may, after consultation with the Prime Minister and the Presidents of the Assemblies, pronounce the dissolution of the National Assembly.

The general elections take place twenty days at least and forty days at most after the dissolution.

The National Assembly meets of plain right on the second Thursday following its election. If this meeting takes place outside the period scheduled for the ordinary session, a session is automatically opened for a period of fifteen days.

A new dissolution cannot be carried out in the year following these elections.

Section 13 :

The President of the Republic signs the ordinances and decrees deliberated in the Council of Ministers.

He appoints to the civil and military posts of the State.

The Councilors of State, the Grand Chancellor of the Legion of Honour, the ambassadors and envoys extraordinary, the master advisers at the Court of Auditors, the prefects, the representatives of the government in the overseas territories, the general officers , the rectors of the academies, the directors of the central administrations are appointed by the Council of Ministers.

An article published by RFI on February 18, 2002.