The Constitution of 4 October 1958 provides the institutional basis for the Fifth Republic. It has been amended several times to institute election of the President of the Republic by direct universal suffrage (1962), incorporate a new title defining the criminal liability of members of the Government (1993), establish a single parliamentary session, enlarge the area of application of the referendum (1995), transitional provisions relating to New Caledonia (1998), establishment of European Economic and Monetary Union, equal access of men and women to elective office and positions, recognition of the jurisdiction of the International Criminal Court (1999), and shorten the Presidential term of office (2000).
President of the Republic
The Head of State is elected for a five-year term by direct universal suffrage. Nicolas Sarkozy was elected the sixth President of the Fifth Republic on May 6, 2007.
The President of the Republic appoints the Prime Minister and, on the latter’s recommendation, appoints the other members of the Government (article 8 of the Constitution). He presides over the Council of Ministers, promulgates Acts of Parliament and is Commander-in-Chief of the Armed Forces. He may dissolve the National Assembly and in an emergency exercise special powers (article 16).
Prime Minister and government
Under the direction of the Prime Minister, the government sets national policy and carries it out. It is answerable to Parliament (article 20). The Prime Minister directs the operation of the government and ensures the implementation of legislation (article 21). François Fillon was appointed Prime Minister on May 17, 2007.
Parliament
Parliament is formed of two assemblies:
The National Assembly comprises 577 deputies divided into the following groups as of the general election of June 2007:
- Union pour un Mouvement Populaire 313 (plus 5 affiliated)
- Socialiste Group 187 (plus 18 affiliated)
- New Centralist Movement : 20
- Groupe de la gauche démocrate et républicaine : 24
- Not registered in a group: 7
In addition to providing a check on the government, the two assemblies draw up and pass legislation. In the case of disagreement on a law the National Assembly makes the final decision.
The "guardian of individual liberty" (article 66 of the Constitution), the French legal system is organized on the basis of a fundamental distinction between civil courts, with jurisdiction in disputes between private individuals or bodies, and administrative courts, with jurisdiction in all cases involving some form of dispute between a private individual or body (company, association, etc.) and a public body.
is the supreme administrative court and court of final appeal on the legality of administrative
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