Constitution of the French Republic

8/18/2019 Constitution of the French Republic

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Constitution of 4 October 1958

(This text incorporates the modifcations introduced by the Constitutional revision passed by Congress on July 21, 2008.)

This nglish translation !as prepared under the "oint responsibility o# the $ress, %n#ormation andCommunication &irectorate o# the 'inistry o# oreign )*airs and the uropean )*airs &epartmento# the +ational )ssembly The rench original is the sole authentic text

NO!:

1° The versions in italics of articles 11, 13, 25 subject to 2° below, 34-1, 39, 44, 56, 61-1, 65, 69,1-1 an! 3 of the "onstitution will co#e into e$ect in the #anner !eter#ine! b% statutes an!&nstitutional 'cts necessar% for their a((lication b% virtue of the article 46 of the "onstitutional awno. 2**+-24 of ul% 23, 2**+

2° The (rovisions of the version in italics of article 25 of the "onstitution concernin the te#(orar%nature of the re(lace#ent of /e#bers of the 0ational 'sse#bl% an! of enators acce(tin

overn#ental (ositions, a((lies to /e#bers of the 0ational 'sse#bl% an! to enators havinacce(te! such (ositions (rior to the !ate of co#in into e$ect of the &nstitutional 'ct (rovi!e! forin this article, if, on this sa#e !ate, the% still hol! such a (osition an! if the (arlia#entar% ter# ofoce for which the% were electe! has not %et e(ire! b% virtue of the article 46 of the"onstitutional aw no. 2**+-24 of ul% 23, 2**+

3° The versions in italics of articles 41, 42, 43, 45, 46, 4+, 49, 5*-1, 51-1 an! 51-2 of the"onstitution will co#e into e$ect on /arch 1, 2**9 b% virtue of the article 46 of the "onstitutionalaw no. 2**+-24 of ul% 23, 2**+

4° The versions in italics of the title of Title an! articles ++-1, ++-2, ++-4, ++-5, ++-6, ++- willco#e into e$ect u(on the co#in into e$ect of the Treat% of isbon, a#en!in the Treat% onuro(ean 7nion an! the Treat% establishin the uro(ean "o##unit%, sine! on 8ece#ber 13,2** b% virtue of the article 2 of the "onstitutional aw no. 2**+-1*3 of ebruar% 4, 2**+ an! b%

virtue of the article 4 of the "onstitutional aw no. 2**+-24 of ul% 23, 2**+

5° The two versions of article ++-5 are not a((licable to accessions that result fro# an&nterovern#ental "onference whose #eetin was !eci!e! b% the uro(ean "ouncil before ul% 1,2**4 b% virtue of the article 4 of the "onstitutional aw no. 2**+-24 of ul% 23, 2**+

The :overn#ent of the ;e(ublic, in accor!ance with the "onstitutional statute of une 3r! 195+, has(ro(ose!,

The rench (eo(le have a!o(te!,

The <resi!ent of the ;e(ublic hereb% (ro#ulates the "onstitutional statute wor!e! as follows =

"#!$%&'!

The rench (eo(le sole#nl% (roclai# their attach#ent to the ;ihts of /an an! the (rinci(les ofnational sovereint% as !e>ne! b% the 8eclaration of 1+9, con>r#e! an! co#(le#ente! b% the<rea#ble to the "onstitution of 1946, an! to the rihts an! !uties as !e>ne! in the "harter for thenviron#ent of 2**4.

?% virtue of these (rinci(les an! that of the self-!eter#ination of (eo(les, the ;e(ublic o$ers tothe overseas territories which have e(resse! the will to a!here to the# new institutions foun!e!on the co##on i!eal of libert%, e@ualit% an! fraternit% an! conceive! for the (ur(ose of their!e#ocratic !evelo(#ent.

$rticle 1





rance shall be an in!ivisible, secular, !e#ocratic an! social ;e(ublic. &t shall ensure the e@ualit%of all citiAens before the law, without !istinction of oriin, race or reliion. &t shall res(ect allbeliefs. &t shall be oranise! on a !ecentralise! basis.

tatutes shall (ro#ote e@ual access b% wo#en an! #en to elective oces an! (osts as well as to(rofessional an! social (ositions.

('! ( ) On *o+ereignt,

$rticle -

The lanuae of the ;e(ublic shall be rench.

The national e#ble# shall be the blue, white an! re! tricolour Ba.

The national anthe# shall be -a 'arseillaise.

The #ai# of the ;e(ublic shall be Cibert%, @ualit%, raternit%D.

The (rinci(le of the ;e(ublic shall be= overn#ent of the (eo(le, b% the (eo(le an! for the (eo(le.

$rticle

0ational sovereint% shall vest in the (eo(le, who shall eercise it throuh their re(resentativesan! b% #eans of referen!u#.

0o section of the (eo(le nor an% in!ivi!ual #a% arroate to itself, or to hi#self, the eercisethereof.

u$rae #a% be !irect or in!irect as (rovi!e! for b% the "onstitution. &t shall alwa%s be universal,e@ual an! secret.

'll rench citiAens of either se who have reache! their #ajorit% an! are in (ossession of their civilan! (olitical rihts #a% vote as (rovi!e! for b% statute.

$rticle 4

<olitical (arties an! rou(s shall contribute to the eercise of su$rae. The% shall be for#e! an!carr% on their activities freel%. The% shall res(ect the (rinci(les of national sovereint% an!!e#ocrac%.

The% shall contribute to the i#(le#entation of the (rinci(le set out in the secon! (arara(h ofarticle 1 as (rovi!e! for b% statute.

tatutes uarantee the (luralistic e(ression of o(inions an! the e@uitable (artici(ation of (olitical

(arties an! rou(s in the !e#ocratic life of the 0ation.

('! (( ) he "resident of the #epublic

$rticle 5

The <resi!ent of the ;e(ublic shall ensure !ue res(ect for the "onstitution. Ee shall ensure, b% hisarbitration, the (ro(er functionin of the (ublic authorities an! the continuit% of the tate.

Ee shall be the uarantor of national in!e(en!ence, territorial interit% an! !ue res(ect for Treaties.

$rticle

The <resi!ent of the ;e(ublic shall be electe! for a ter# of >ve %ears b% !irect universal su$rae.





$rticle 9

The <resi!ent of the ;e(ublic shall (resi!e over the "ouncil of /inisters.

$rticle 1

The <resi!ent of the ;e(ublic shall (ro#ulate 'cts of <arlia#ent within >fteen !a%s followin the>nal (assae of an 'ct an! its trans#ission to the :overn#ent.

Ee #a%, before the e(ir% of this ti#e li#it, asF <arlia#ent to reo(en !ebate on the 'ct or an%sections thereof. uch reo(enin of !ebate shall not be refuse!.

$rticle 11

The <resi!ent of the ;e(ublic #a%, on a reco##en!ation fro# the :overn#ent when <arlia#ent isin session, or on a joint #otion of the two Eouses, (ublishe! in the Journal o.ciel, sub#it to areferen!u# an% :overn#ent ?ill which !eals with the oraniAation of the (ublic authorities, or withrefor#s relatin to the econo#ic or social (olic% of the 0ation, an! to the (ublic servicescontributin thereto, or which (rovi!es for authoriAation to ratif% a treat% which, althouh notcontrar% to the "onstitution, woul! a$ect the functionin of the institutions.

Hhere the referen!u# is hel! on the reco##en!ation of the :overn#ent, the latter shall #aFe astate#ent before each Eouse an! the sa#e shall be followe! b% a !ebate.

Article 11 I1J

The $resident o# the /epublic may, on a recommendation #rom the overnment !hen $arliament isin session, or on a "oint motion o# the t!o ouses, published in the Journal o.ciel, submit to are#erendum any overnment ill !hich deals !ith the organi3ation o# the public authorities, or!ith re#orms relating to the economic, social or environmental policy o# the +ation, and to the public services contributing thereto, or !hich provides #or authori3ation to rati#y a treaty !hich,although not contrary to the Constitution, !ould a*ect the #unctioning o# the institutions

4here the re#erendum is held on the recommendation o# the overnment, the latter shall ma5e astatement be#ore each ouse and the same shall be #ollo!ed by a debate

) re#erendum concerning a sub"ect mentioned in the frst paragraph may be held upon theinitiative o# one f#th o# the members o# $arliament, supported by one tenth o# the voters enrolledon the electoral lists This initiative shall ta5e the #orm o# a $rivate 'embers6 ill and may not beapplied to the repeal o# a legislative provision promulgated #or less than one year

The conditions by !hich it is introduced and those according to !hich the Constitutional Councilmonitors the respect o# the provisions o# the previous paragraph, are set do!n by an %nstitutional )ct

%# the $rivate 'embers6 ill has not been considered by the t!o ouses !ithin a period set by the%nstitutional )ct, the $resident o# the /epublic may submit it to a re#erendum

4here the $rivate 'embers6 ill is not passed by the rench people, no ne! re#erendum proposalon the same sub"ect may be submitted be#ore the end o# a period o# t!o years #ollo!ing the dateo# the vote

4here the outcome o# the re#erendum is #avourable to the overnment ill or to the $rivate'embers6 ill, the $resident o# the /epublic shall promulgate the resulting statute !ithin f#teendays #ollo!ing the proclamation o# the results o# the vote

$rticle 1-

The <resi!ent of the ;e(ublic #a%, after consultin the <ri#e /inister an! the <resi!ents of theEouses of <arlia#ent, !eclare the 0ational 'sse#bl% !issolve!.

' eneral election shall taFe (lace no fewer than twent% !a%s an! no #ore than fort% !a%s afterthe !issolution.



The 0ational 'sse#bl% shall sit as of riht on the secon! Thurs!a% followin its election. houl!this sittin fall outsi!e the (erio! (rescribe! for the or!inar% session, a session shall be convene!b% riht for a >fteen-!a% (erio!.

0o further !issolution shall taFe (lace within a %ear followin sai! election.

$rticle 1

The <resi!ent of the ;e(ublic shall sin the Gr!inances an! 8ecrees !eliberate! u(on in the"ouncil of /inisters.

Ee shall #aFe a((oint#ents to the civil an! #ilitar% (osts of the tate.

Conseillers d7tat , the rand Chancelier de la -gion d7onneur , '#bassa!ors an! nvo%straor!inar%, Conseillers 'aitres o# the Cour des Comptes, <refects, tate re(resentatives in theoverseas co##unities to which article 4 a((lies an! in 0ew "ale!onia, hihest-ranFin /ilitar%Gcers, /ecteurs des )cadmies an! 8irectors of "entral :overn#ent 8e(art#ents shall bea((ointe! in the "ouncil of /inisters.

'n &nstitutional 'ct shall !eter#ine the other (osts to be >lle! at #eetins of the "ouncil of

/inisters an! the #anner in which the (ower of the <resi!ent of the ;e(ublic to #aFea((oint#ents #a% be !eleate! b% hi# to be eercise! on his behalf.

Article 13 I1J

The $resident o# the /epublic shall sign the 9rdinances and &ecrees deliberated upon in theCouncil o# 'inisters

e shall ma5e appointments to the civil and military posts o# the :tate

Conseillers d7tat, the rand Chancelier de la -gion d7onneur, )mbassadors and nvoysxtraordinary, Conseillers 'aitres o# the Cour des Comptes, $re#ects, :tate representatives in theoverseas communities to !hich article ;< applies and in +e! Caledonia, highest=ran5ing 'ilitary

9.cers, /ecteurs des )cadmies and &irectors o# Central overnment &epartments shall beappointed in the Council o# 'inisters

)n %nstitutional )ct shall determine the other posts to be flled at meetings o# the Council o#'inisters and the manner in !hich the po!er o# the $resident o# the /epublic to ma5eappointments may be delegated by him to be exercised on his behal#

)n %nstitutional )ct shall determine the posts or positions, other than those mentioned in the third paragraph, concerning !hich, on account o# their importance in the guarantee o# the rights and#reedoms or the economic and social li#e o# the +ation, the po!er o# appointment o# the $residento# the /epublic shall be exercised a#ter public consultation !ith the relevant standing committee ineach assembly The $resident o# the /epublic may not ma5e an appointment !hen the sum o# thenegative votes in each committee represents at least three f#ths o# the votes cast by the t!ocommittees :tatutes shall determine the relevant standing committees according to the posts or

positions concerned

$rticle 14

The <resi!ent of the ;e(ublic shall accre!it a#bassa!ors an! envo%s etraor!inar% to forein(owers forein a#bassa!ors an! envo%s etraor!inar% shall be accre!ite! to hi#.

$rticle 15

The <resi!ent of the ;e(ublic shall be "o##an!er-in-"hief of the 'r#e! orces. Ee shall (resi!eover the hiher national !efence councils an! co##ittees.

$rticle 1

Hhere the institutions of the ;e(ublic, the in!e(en!ence of the 0ation, the interit% of its territor%or the ful>l#ent of its international co##it#ents are un!er serious an! i##e!iate threat, an!



where the (ro(er functionin of the constitutional (ublic authorities is interru(te!, the <resi!ent ofthe ;e(ublic shall taFe #easures re@uire! b% these circu#stances, after for#all% consultin the<ri#e /inister, the <resi!ents of the Eouses of <arlia#ent an! the "onstitutional "ouncil.

Ee shall a!!ress the 0ation an! infor# it of such #easures.

The #easures shall be !esine! to (rovi!e the constitutional (ublic authorities as swiftl% as(ossible, with the #eans to carr% out their !uties. The "onstitutional "ouncil shall be consulte!with rear! to such #easures.

<arlia#ent shall sit as of riht.

The 0ational 'sse#bl% shall not be !issolve! !urin the eercise of such e#erenc% (owers.

'fter thirt% !a%s of the eercise of such e#erenc% (owers, the #atter #a% be referre! to the"onstitutional "ouncil b% the <resi!ent of the 0ational 'sse#bl%, the <resi!ent of the enate, sit%/e#bers of the 0ational 'sse#bl% or sit% enators, so as to !eci!e if the con!itions lai! !own in(arara(h one still a((l%. &t shall #aFe its !ecision b% (ublic announce#ent as soon as (ossible. &tshall, as of riht, carr% out such an ea#ination an! shall #aFe its !ecision in the sa#e #annerafter sit% !a%s of the eercise of e#erenc% (owers or at an% #o#ent thereafter.

$rticle 10

The <resi!ent of the ;e(ublic is veste! with the (ower to rant (ar!ons in an in!ivi!ual ca(acit%.

$rticle 18

The <resi!ent of the ;e(ublic shall co##unicate with the two Eouses of <arlia#ent b% #essaeswhich he shall cause to be rea! alou! an! which shall not ive rise to an% !ebate.

Ee #a% taFe the Boor before <arlia#ent convene! in "onress for this (ur(ose. Eis state#ent #a%ive rise, in his absence, to a !ebate without vote.

Hhen not in session, the Eouses of <arlia#ent shall be convene! es(eciall% for this (ur(ose.

$rticle 19

&nstru#ents of the <resi!ent of the ;e(ublic, other than those (rovi!e! for un!er articles +K(arara(h one), 11, 12, 16, 1+, 54, 56 an! 61, shall be countersine! b% the <ri#e /inister an!,where re@uire!, b% the #inisters concerne!.

('! ((( ) the 2o+ernment

$rticle -

The :overn#ent shall !eter#ine an! con!uct the (olic% of the 0ation.

&t shall have at its !is(osal the civil service an! the ar#e! forces.

&t shall be accountable to <arlia#ent in accor!ance with the ter#s an! (roce!ures set out inarticles 49 an! 5*.

$rticle -1

The <ri#e /inister shall !irect the actions of the :overn#ent. Ee shall be res(onsible for national!efence. Ee shall ensure the i#(le#entation of leislation. ubject to article 13, he shall have(ower to #aFe reulations an! shall #aFe a((oint#ents to civil an! #ilitar% (osts.

Ee #a% !eleate certain of his (owers to /inisters.



Ee shall !e(utiAe, if the case arises, for the <resi!ent of the ;e(ublic as chair#an of the councilsan! co##ittees referre! to in article 15.

Ee #a%, in ece(tional cases, !e(utiAe for hi# as chair#an of a #eetin of the "ouncil of /inistersb% virtue of an e(ress !eleation of (owers for a s(eci>c aen!a.

$rticle --

&nstru#ents of the <ri#e /inister shall be countersine!, where re@uire!, b% the #inistersres(onsible for their i#(le#entation.

$rticle -

/e#bershi( of the :overn#ent shall be inco#(atible with the hol!in of an% <arlia#entar% oce,an% (osition of (rofessional re(resentation at national level, an% (ublic e#(lo%#ent or an%(rofessional activit%.

'n &nstitutional 'ct shall !eter#ine the #anner in which the hol!ers of such oces, (ositions ore#(lo%#ent shall be re(lace!.

The re(lace#ent of /e#bers of <arlia#ent shall taFe (lace in accor!ance with the (rovisions ofarticle 25.

('! (3 ) "arliament

$rticle -4

<arlia#ent shall (ass statutes. &t shall #onitor the action of the :overn#ent. &t shall assess (ublic(olicies.

&t shall co#(rise the 0ational 'sse#bl% an! the enate.

/e#bers of the 0ational 'sse#bl%, whose nu#ber #ust not ecee! >ve hun!re! an! sevent%-seven, shall be electe! b% !irect su$rae.

The enate, whose #e#bers #ust not ecee! three hun!re! an! fort%-eiht, shall be electe! b%in!irect su$rae. The enate shall ensure the re(resentation of the territorial co##unities of the;e(ublic.

rench 0ationals livin abroa! shall be re(resente! in the 0ational 'sse#bl% an! in the enate.

$rticle -5

'n &nstitutional 'ct shall !eter#ine the ter# for which each Eouse is electe!, the nu#ber of its#e#bers, their allowances, the con!itions of eliibilit% an! the ter#s of !is@uali>cation an! ofinco#(atibilit% with #e#bershi(.

&t shall liFewise !eter#ine the #anner of election of those (ersons calle! u(on to re(lace /e#bersof the 0ational 'sse#bl% or enators whose seats have beco#e vacant, until the eneral or (artialrenewal b% election of the Eouse in which the% sat.

Article 25 I1J

)n %nstitutional )ct shall determine the term #or !hich each ouse is elected, the number o# itsmembers, their allo!ances, the conditions o# eligibility and the terms o# dis>ualifcation and o#incompatibility !ith membership

%t shall li5e!ise determine the manner o# election o# those persons called upon to replace 'emberso# the +ational )ssembly or :enators !hose seats have become vacant, until the general or partial

rene!al by election o# the ouse in !hich they sat, or have been temporarily replaced on accounto# having accepted a governmental position



)n independent commission, !hose composition and rules o# organi3ation and operation shall beset do!n by statute, shall express an opinion, by public announcement, on the overnment and$rivate 'embers6 ills defning the constituencies #or the election o# members o# the +ational )ssembly, or modi#ying the distribution o# the seats o# members o# the +ational )ssembly or o#:enators

$rticle -

0o /e#ber of <arlia#ent shall be (rosecute!, investiate!, arreste!, !etaine! or trie! in res(ectof o(inions e(resse! or votes cast in the (erfor#ance of his ocial !uties.

0o /e#ber of <arlia#ent shall be arreste! for a serious cri#e or other #ajor o$ence, nor shall hebe subjecte! to an% other custo!ial or se#i-custo!ial #easure, without the authoriAation of the?ureau of the Eouse of which he is a #e#ber. uch authoriAation shall not be re@uire! in the caseof a serious cri#e or other #ajor o$ence co##itte! ?agrante delicto or when a conviction hasbeco#e >nal.

The !etention, subjectin to custo!ial or se#i-custo!ial #easures, or (rosecution of a /e#ber of<arlia#ent shall be sus(en!e! for the !uration of the session if the Eouse of which he is a #e#berso re@uires.

The Eouse concerne! shall #eet as of riht for a!!itional sittins in or!er to (er#it the a((licationof the foreoin (arara(h shoul! circu#stances so re@uire.

$rticle -0

0o /e#ber shall be electe! with an% bin!in #an!ate.

/e#bersL riht to vote shall be eercise! in (erson.

'n &nstitutional 'ct #a%, in ece(tional cases, authoriAe votin b% (ro%. &n that event, no #e#bershall be iven #ore than one (ro%.

$rticle -8

<arlia#ent shall sit as of riht in one or!inar% session which shall start on the >rst worFin !a% ofGctober an! shall en! on the last worFin !a% of une.

The nu#ber of !a%s for which each Eouse #a% sit !urin the or!inar% session shall not ecee! onehun!re! an! twent%. The nu#ber of sittin weeFs shall be !eter#ine! b% each Eouse.

The <ri#e /inister, after consultin the <resi!ent of the Eouse concerne! or the #ajorit% of the#e#bers of each Eouse #a% !eci!e that sai! Eouse shall #eet for a!!itional sittin !a%s.

The !a%s an! hours of sittins shall be !eter#ine! b% the rules of (roce!ure of each Eouse.

$rticle -9

<arlia#ent shall #eet in etraor!inar% session, at the re@uest of the <ri#e /inister or of the#ajorit% of the #e#bers of the 0ational 'sse#bl%, to !ebate a s(eci>c aen!a.

Hhere an etraor!inar% session is hel! at the re@uest of #e#bers of the 0ational 'sse#bl%, thissession shall be close! b% !ecree once all the ite#s on the aen!a for which <arlia#ent wasconvene! have been !ealt with, or not later than twelve !a%s after its >rst sittin, whichever shallbe the earlier.

The <ri#e /inister alone #a% re@uest a new session before the en! of the #onth followin the!ecree closin an etraor!inar% session.

$rticle



ce(t where <arlia#ent sits as of riht, etraor!inar% sessions shall be o(ene! an! close! b% a8ecree of the <resi!ent of the ;e(ublic.

$rticle 1

/e#bers of the :overn#ent shall have access to both Eouses. The% shall a!!ress either Eousewhenever the% so re@uest.

The% #a% be assiste! b% commissaires du gouvernement

$rticle -

The <resi!ent of the 0ational 'sse#bl% shall be electe! for the life of a <arlia#ent. The <resi!entof the enate shall be electe! each ti#e elections are hel! for (artial renewal of the enate.

$rticle

The sittins of the two Eouses shall be (ublic. ' verbati# re(ort of the !ebates shall be (ublishe!in the Journal o.ciel

ach Eouse #a% sit in ca#era at the re@uest of the <ri#e /inister or of one tenth of its #e#bers.

('! 3 ) On #elations between "arliament and the 2o+ernment

$rticle 4

tatutes shall !eter#ine the rules concernin=

- civic rihts an! the fun!a#ental uarantees rante! to citiAens for the eercise of their civilliberties free!o#, (luralis# an! the in!e(en!ence of the #e!ia the obliations i#(ose! for the(ur(oses of national !efence u(on the (erson an! (ro(ert% of citiAens.

- nationalit%, the status an! ca(acit% of (ersons, #atri#onial (ro(ert% s%ste#s, inheritance an!ifts

- the !eter#ination of serious cri#es an! other #ajor o$ences an! the (enalties the% carr%cri#inal (roce!ure a#nest% the settin u( of new cateories of courts an! the status of #e#bersof the u!iciar%.

- the base, rates an! #etho!s of collection of all t%(es of taes the issuin of currenc%

tatutes shall also !eter#ine the rules overnin=

- the s%ste# for electin #e#bers of the Eouses of <arlia#ent, local asse#blies an! there(resentative bo!ies for rench nationals livin abroa!, as well as the con!itions for

hol!in elective oces an! (ositions for the #e#bers of the !eliberative asse#blies ofthe territorial co##unities

- the settin u( of cateories of (ublic leal entities

- the fun!a#ental uarantees rante! to civil servants an! #e#bers of the 'r#e!orces

- nationalisation of co#(anies an! the transfer of ownershi( of co#(anies fro# the(ublic to the (rivate sector.

tatutes shall also la% !own the basic (rinci(les of=

- the eneral oranisation of national !efence

- the self-overn#ent of territorial co##unities, their (owers an! revenue



- e!ucation

- the (reservation of the environ#ent

- s%ste#s of ownershi(, (ro(ert% rihts an! civil an! co##ercial obliations.

- #(lo%#ent law, Tra!e 7nion law an! ocial ecurit%

inance 'cts shall !eter#ine the revenue an! e(en!iture of the tate in the con!itions an! withthe reservations (rovi!e! for b% an &nstitutional 'ct.

ocial ecurit% inancin 'cts shall la% !own the eneral con!itions for the >nancial e@uilibriu#thereof, an! taFin into account forecaste! revenue, shall !eter#ine e(en!iture tarets in thecon!itions an! with the reservations (rovi!e! for b% an &nstitutional 'ct.

<rora##in 'cts shall !eter#ine the objectives of the action of the tate.

The #ultiannual ui!elines for (ublic >nances shall be establishe! b% <rora##in 'cts. The%shall be (art of the objective of balance! accounts for (ublic a!#inistrations.

The (rovisions of this article #a% be further s(eci>e! an! co#(lete! b% an &nstitutional 'ct.

$rticle 4)1 I1J

The Eouses of <arlia#ent #a% a!o(t resolutions accor!in to the con!itions !eter#ine! b% the&nstitutional 'ct.

'n% !raft resolution, whose a!o(tion or rejection woul! be consi!ere! b% the :overn#ent as anissue of con>!ence, or which containe! an injunction to the :overn#ent, shall be ina!#issible an!#a% not be inclu!e! on the aen!a.

$rticle 5

' !eclaration of war shall be authoriAe! b% <arlia#ent.

The :overn#ent shall infor# <arlia#ent of its !ecision to have the ar#e! forces intervene abroa!,at the latest three !a%s after the beinnin of sai! intervention. &t shall !etail the objectives of thesai! intervention. This infor#ation #a% ive rise to a !ebate, which shall not be followe! b% a vote.

Hhere the sai! intervention shall ecee! four #onths, the :overn#ent shall sub#it the etensionto <arlia#ent for authoriAation. &t #a% asF the 0ational 'sse#bl% to #aFe the >nal !ecision.

&f <arlia#ent is not sittin at the en! of the four-#onth (erio!, it shall e(ress its !ecision at theo(enin of the followin session.

$rticle

' state of siee shall be !ecree! in the "ouncil of /inisters.

The etension thereof after a (erio! of twelve !a%s #a% be authoriAe! solel% b% <arlia#ent.

$rticle 0

/atters other than those co#in un!er the sco(e of statute law shall be #atters for reulation.

<rovisions of statutor% oriin enacte! in such #atters #a% be a#en!e! b% !ecree issue! afterconsultation with the Conseil d7tat . 'n% such (rovisions (asse! after the co#in into force of the"onstitution shall be a#en!e! b% !ecree onl% if the "onstitutional "ouncil has foun! that the% are

#atters for reulation as !e>ne! in the foreoin (arara(h.

$rticle 0)1



tatutes an! reulations #a% contain (rovisions enacte! on an e(eri#ental basis for li#ite!(ur(oses an! !uration.

$rticle 8

&n or!er to i#(le#ent its (rora##e, the :overn#ent #a% asF <arlia#ent for authoriAation, for ali#ite! (erio!, to taFe #easures b% Gr!inance that are nor#all% the (reserve of statute law.

Gr!inances shall be issue! in the "ouncil of /inisters, after consultation with the Conseil d7tat . The% shall co#e into force u(on (ublication, but shall la(se in the event of failure to table before<arlia#ent the ?ill to ratif% the# b% the !ate set b% the nablin 'ct. The% #a% onl% be rati>e! ine(licit ter#s.

't the en! of the (erio! referre! to in the >rst (arara(h hereinabove Gr!inances #a% bea#en!e! solel% b% an 'ct of <arlia#ent in those areas overne! b% statute law

$rticle 9

?oth the <ri#e /inister an! /e#bers of <arlia#ent shall have the riht to initiate leislation.

:overn#ent ?ills shall be !iscusse! in the "ouncil of /inisters after consultation with the Conseild7tat an! shall be table! in one or other of the two Eouses. inance ?ills an! ocial ecurit%inancin ?ills shall be table! >rst before the 0ational 'sse#bl%. Hithout (reju!ice to the >rst(arara(h of article 44, ?ills (ri#aril% !ealin with the oranisation of territorial co##unities an!?ills relatin to bo!ies re(resentin rench 0ationals livin abroa! shall be table! >rst in theenate.

Article 39 I1J

oth the $rime 'inister and 'embers o# $arliament shall have the right to initiate legislation

overnment ills shall be discussed in the Council o# 'inisters a#ter consultation !ith the Conseild7tat and shall be tabled in one or other o# the t!o ouses inance ills and :ocial :ecurity

inancing ills shall be tabled frst be#ore the +ational )ssembly 4ithout pre"udice to the frst paragraph o# article <<, ills primarily dealing !ith the organisation o# territorial communities @ Ashall be tabled frst in the :enate

The presentation o# overnment ills tabled be#ore the +ational )ssembly or the :enate, shall#ollo! the conditions determined by an %nstitutional )ct

overnment ills may not be included on the agenda i# the Con#erence o# $residents o# the frstouse to !hich the bill has been re#erred, declares that the rules determined by the %nstitutional )ct have been ignored %n the case o# disagreement bet!een the Con#erence o# $residents and theovernment, the $resident o# the relevant ouse or the $rime 'inister may re#er the matter to theConstitutional Council, !hich shall rule !ithin a period o# eight days

4ithin the conditions provided #or by statute, the $resident o# either ouse may submit a $rivate

'embers6 ill tabled by a member o# the said ouse, be#ore it is considered in committee, to theConseil d6tat #or its opinion, unless the member !ho tabled it disagrees

$rticle 4

<rivate /e#bersL ?ills an! a#en!#ents intro!uce! b% /e#bers of <arlia#ent shall not bea!#issible where their enact#ent woul! result in either a !i#inution of (ublic revenue or thecreation or increase of an% (ublic e(en!iture.

$rticle 41

&f, !urin the leislative (rocess, it a((ears that a <rivate /e#berLs ?ill or a#en!#ent is not a#atter for statute or is contrar% to a !eleation rante! un!er article 3+, the :overn#ent #a%

arue that it is ina!#issible.



&n the event of !isaree#ent between the :overn#ent an! the <resi!ent of the Eouse concerne!,the "onstitutional "ouncil, at the re@uest of one or the other, shall ive its rulin within eiht !a%s.

Article 41 I1J

%#, during the legislative process, it appears that a $rivate 'ember7s ill or amendment is not amatter #or statute or is contrary to a delegation granted under article B8, the overnment or the$resident o# the ouse concerned, may argue that it is inadmissible

%n the event o# disagreement bet!een the overnment and the $resident o# the ouse concerned,the Constitutional Council, at the re>uest o# one or the other, shall give its ruling !ithin eight days

$rticle 4-

:overn#ent ?ills shall be !ebate! in the for# in which the% are table! before the >rst Eouse towhich the% are sub#itte!.

The Eouse asFe! to !ebate u(on a tet (asse! b% the other Eouse shall !ebate u(on the tettrans#itte! to it.

Article 42 I1J

The discussion o# overnment and $rivate 'embers6 ills shall, in plenary sitting, concern the text passed by the committee to !hich the ill has been re#erred, in accordance !ith article <B, or#ailing that, the text !hich has been re#erred to the ouse

+ot!ithstanding the #oregoing, the plenary discussion o# Constitutional /evision ills, inance illsand :ocial :ecurity inancing ills, shall concern, during the frst reading be#ore the ouse to!hich the ill has been re#erred in the frst instance, the text presented by the overnment, andduring the subse>uent readings, the text transmitted by the other ouse

The plenary discussion at frst reading o# a overnment or $rivate 'embers6 ill may only occurbe#ore the frst ouse to !hich it is re#erred, at the end o# a period o# six !ee5s a#ter it has been

tabled %t may only occur, be#ore the second ouse to !hich it is re#erred, at the end o# a period o##our !ee5s, #rom the date o# transmission

The previous paragraph shall not apply i# the accelerated procedure has been implementedaccording to the conditions provided #or in article < %t shall not apply either to inance ills,:ocial :ecurity inancing ills, or to bills concerning a state o# emergency

$rticle 4

:overn#ent an! <rivate /e#bersL ?ills shall, at the re@uest of the :overn#ent or of the Eousebefore which such ?ill is table!, be referre! for consi!eration to co##ittees s(eciall% set u( forthis (ur(ose.

:overn#ent an! <rivate /e#bersL ?ills not concerne! b% such a re@uest shall be referre! to one of the stan!in co##ittees, the nu#ber of which shall not ecee! si in each Eouse.

Article 43 I1J

overnment and $rivate 'embers7 ills shall be re#erred to one o# the standing committees, thenumber o# !hich shall not exceed eight in each ouse

)t the re>uest o# the overnment or o# the ouse be#ore !hich such a ill has been tabled,overnment and $rivate 'embers7 ills shall be re#erred #or consideration to a committee specially set up #or this purpose

$rticle 44

/e#bers of <arlia#ent an! the :overn#ent shall have the riht of a#en!#ent.



Gnce !ebate has beun, the :overn#ent #a% object to the consi!eration of an% a#en!#entwhich has not (reviousl% been referre! to co##ittee.

&f the :overn#ent so re@uests, the Eouse before which the ?ill is table! shall (rocee! to a sinlevote on all or (art of the tet un!er !ebate, on the sole basis of the a#en!#ents (ro(ose! oracce(te! b% the :overn#ent.

Article 44 I1J

'embers o# $arliament and the overnment shall have the right o# amendment This right may beused in plenary sitting or in committee under the conditions set do!n by the /ules o# $rocedure o#the ouses, according to the #rame!or5 determined by an %nstitutional )ct

9nce debate has begun, the overnment may ob"ect to the consideration o# any amendment!hich has not previously been re#erred to committee

%# the overnment so re>uests, the ouse be#ore !hich the ill is tabled shall proceed to a singlevote on all or part o# the text under debate, on the sole basis o# the amendments proposed oraccepted by the overnment

$rticle 45

ver% :overn#ent or <rivate /e#berLs ?ill shall be consi!ere! successivel% in the two Eouses of<arlia#ent with a view to the (assin of an i!entical tet.

&f, as a result of a failure to aree b% the two Eouses, it has (rove! i#(ossible to (ass a:overn#ent or <rivate /e#berLs ?ill after two rea!ins b% each Eouse or, if the :overn#ent has!eclare! the #atter to be one of urenc%, after a sinle rea!in of such ?ill b% each Eouse, the<ri#e /inister #a% convene a joint co##ittee, co#(ose! of an e@ual nu#ber of #e#bers fro#each Eouse, to (ro(ose a tet on the (rovisions still un!er !ebate.

The tet !rafte! b% the joint co##ittee #a% be sub#itte! b% the :overn#ent to both Eouses fora((roval. 0o a#en!#ent shall be a!#issible without the consent of the :overn#ent.

&f the joint co##ittee fails to aree on a co##on tet, or if the tet is not (asse! as (rovi!e! inthe foreoin (arara(h, the :overn#ent #a%, after a further rea!in b% the 0ational 'sse#bl%an! b% the enate, asF the 0ational 'sse#bl% to reach a >nal !ecision. &n such an event, the0ational 'sse#bl% #a% reconsi!er either the tet !rafte! b% the joint co##ittee, or the last tet(asse! b% itself, as #o!i>e!, as the case #a% be, b% an% a#en!#entKs) (asse! b% the enate.

Article 45 I1J

very overnment or $rivate 'ember7s ill shall be considered successively in the t!o ouses o#$arliament !ith a vie! to the passing o# an identical text 4ithout pre"udice to the application o#articles <0 and <1, all amendments !hich have a lin5, even an indirect one, !ith the text tha !astabled or transmitted, shall be admissible on frst reading

%#, as a result o# a #ailure to agree by the t!o ouses, it has proved impossible to pass aovernment or $rivate 'ember7s ill a#ter t!o readings by each ouse or, i# the overnment hasdecided to apply the accelerated procedure !ithout the t!o Con#erences o# $residents being "ointly opposed, a#ter a single reading o# such ill by each ouse, the $rime 'inister, or in the caseo# a $rivate 'embers6 ill, the $residents o# the t!o ouses acting "ointly, may convene a "ointcommittee, composed o# an e>ual number o# members #rom each ouse, to propose a text on the provisions still under debate

The text dra#ted by the "oint committee may be submitted by the overnment to both ouses #orapproval +o amendment shall be admissible !ithout the consent o# the overnment

%# the "oint committee #ails to agree on a common text, or i# the text is not passed as provided inthe #oregoing paragraph, the overnment may, a#ter a #urther reading by the +ational )ssemblyand by the :enate, as5 the +ational )ssembly to reach a fnal decision %n such an event, the

+ational )ssembly may reconsider either the text dra#ted by the "oint committee, or the last text passed by itsel#, as modifed, as the case may be, by any amendment(sD passed by the :enate



$rticle 4

'cts of <arlia#ent which are !e>ne! b% the "onstitution as bein &nstitutional 'cts shall beenacte! an! a#en!e! as (rovi!e! for hereinafter.

' :overn#ent or <rivate /e#berLs ?ill shall not be !ebate! an! (ut to the vote in the Eousebefore which it was >rst table! until >fteen !a%s have ela(se! since the tablin thereof.

The (roce!ure set out in article 45 shall a((l%. 0evertheless, failin aree#ent between the twoEouses, the tet #a% be (asse! b% the 0ational 'sse#bl% on a >nal rea!in onl% b% an absolute#ajorit% of the /e#bers thereof.

&nstitutional 'cts relatin to the enate #ust be (asse! in i!entical ter#s b% the two Eouses.

&nstitutional 'cts shall not be (ro#ulate! until the "onstitutional "ouncil has !eclare! theirconfor#it% with the "onstitution.

Article 46 I1J

)cts o# $arliament !hich are defned by the Constitution as being %nstitutional )cts shall beenacted and amended as provided #or hereina#ter

The overnment or $rivate 'ember7s ill may only be submitted, on frst reading, to theconsideration and vote o# the ouses a#ter the expiry o# the periods set do!n in the third paragraph o# article <2 +ot!ithstanding the #oregoing, i# the accelerated procedure has beenapplied according to the conditions provided #or in article <, the overnment or $rivate 'ember7sill may not be submitted #or consideration by the frst ouse to !hich it is re#erred be#ore theexpiry o# a f#teen=day period a#ter it has been tabled

The procedure set out in article < shall apply +evertheless, #ailing agreement bet!een the t!oouses, the text may be passed by the +ational )ssembly on a fnal reading only by an absolutema"ority o# the 'embers thereo#

%nstitutional )cts relating to the :enate must be passed in identical terms by the t!o ouses

%nstitutional )cts shall not be promulgated until the Constitutional Council has declared theircon#ormity !ith the Constitution

$rticle 40

<arlia#ent shall (ass inance ?ills in the #anner (rovi!e! for b% an &nstitutional 'ct.

houl! the 0ational 'sse#bl% fail to reach a !ecision on >rst rea!in within fort% !a%s followinthe tablin of a ?ill, the :overn#ent shall refer the ?ill to the enate, which shall #aFe its !ecisionFnown within >fteen !a%s. The (roce!ure set out in article 45 shall then a((l%.

houl! <arlia#ent fail to reach a !ecision within sevent% !a%s, the (rovisions of the ?ill #a% bebrouht into force b% Gr!inance.

houl! the inance ?ill settin out revenue an! e(en!iture for a >nancial %ear not be table! inti#e for (ro#ulation before the beinnin of that %ear, the :overn#ent shall as a #atter ofurenc% asF <arlia#ent for authoriAation to collect taes an! shall #aFe available b% !ecree thefun!s nee!e! to #eet co##it#ents alrea!% vote! for.

The ti#e li#its set b% this article shall be sus(en!e! when <arlia#ent is not in session.

$rticle 40)1

<arlia#ent shall (ass ocial ecurit% inancin ?ills in the #anner (rovi!e! b% an &nstitutional 'ct.



houl! the 0ational 'sse#bl% fail to reach a !ecision on >rst rea!in within twent% !a%s of thetablin of a ?ill, the :overn#ent shall refer the ?ill to the enate, which shall #aFe its !ecisionFnown within >fteen !a%s. The (roce!ure set out in article 45 shall then a((l%.

houl! <arlia#ent fail to reach a !ecision within >ft% !a%s, the (rovisions of the ?ill #a% bei#(le#ente! b% Gr!inance.

The ti#e li#its set b% this article shall be sus(en!e! when <arlia#ent is not in session an!, asrear!s each Eouse, !urin the weeFs when it has !eci!e! not to sit in accor!ance with the secon!(arara(h of article 2+.

$rticle 40)-

The Cour des Comptes shall assist <arlia#ent in #onitorin :overn#ent action. &t shall assist<arlia#ent an! the :overn#ent in #onitorin the i#(le#entation of inance 'cts an! ocialecurit% inancin 'cts, as well in assessin (ublic (olicies. ?% #eans of its (ublic re(orts, it shallcontribute to infor#in citiAens.

The accounts of (ublic a!#inistrations shall be lawful an! faithful. The% shall (rovi!e a true an!fair view of the result of the #anae#ent, assets an! >nancial situation of the sai! (ublic

a!#inistrations.

$rticle 48

Hithout (reju!ice to the a((lication of the last three (arara(hs of article 2+, (riorit% shall beiven on the aen!as of the Eouses, an! in the or!er !eter#ine! b% the :overn#ent, to !ebatin:overn#ent ?ills an! <rivate /e#bersL ?ills acce(te! b% the :overn#ent.

't one sittin a weeF at least (riorit% shall be iven to @uestions fro# /e#bers of <arlia#ent an!to answers fro# the :overn#ent.

't one sittin a #onth (riorit% shall be iven to the aen!a !eter#ine! b% each Eouse.

Article 48 I1J

4ithout pre"udice to the application o# the last three paragraphs o# article 28, the agenda shall bedetermined by each ouse

&uring t!o !ee5s o# sittings out o# #our, priority shall be given, in the order determined by theovernment, to the consideration o# texts and to debates !hich it re>uests to be included on theagenda

%n addition, the consideration o# inance ills, :ocial :ecurity inancing ills and, sub"ect to the provisions o# the #ollo!ing paragraph, texts transmitted by the other ouse at least six !ee5s previously, as !ell as bills concerning a state o# emergency and re>uests #or authori3ation re#erredto in article B, shall, upon overnment re>uest, be included on the agenda !ith priority

&uring one !ee5 o# sittings out o# #our, priority shall be given, in the order determined by eachouse, to the monitoring o# overnment action and to the assessment o# public policies

9ne day o# sitting per month shall be given to an agenda determined by each ouse upon theinitiative o# the opposition groups in the relevant ouse, as !ell as upon that o# the minoritygroups

&uring at least one sitting per !ee5, including during the extraordinary sittings provided #or inarticle 2E, priority shall be given to >uestions #rom 'embers o# $arliament and to ans!ers #romthe overnment

$rticle 49

The <ri#e /inister, after !eliberation b% the "ouncil of /inisters, #a% #aFe the :overn#entLs(rora##e or (ossibl% a eneral (olic% state#ent an issue of a vote of con>!ence before the0ational 'sse#bl%.



The 0ational 'sse#bl% #a% call the :overn#ent to account b% (assin a resolution of no-con>!ence. uch a resolution shall not be a!#issible unless it is sine! b% at least one tenth of the#e#bers of the 0ational 'sse#bl%. otin #a% not taFe (lace within fort%-eiht hours after theresolution has been table!. olel% votes cast in favour of the no-con>!ence resolution shall becounte! an! the latter shall not be (asse! unless it secures a #ajorit% of the /e#bers of theEouse. ce(t as (rovi!e! for in the followin (arara(h, no /e#ber shall sin #ore than threeresolutions of no-con>!ence !urin a sinle or!inar% session an! no #ore than one !urin a sinle

etraor!inar% session.

The <ri#e /inister #a%, after !eliberation b% the "ouncil of /inisters, #aFe the (assin of a ?ill anissue of a vote of con>!ence before the 0ational 'sse#bl%. &n that event, the ?ill shall beconsi!ere! (asse! unless a resolution of no-con>!ence, table! within the subse@uent twent%-fourhours, is carrie! as (rovi!e! for in the foreoin (arara(h.

The <ri#e /inister #a% asF the enate to a((rove a state#ent of eneral (olic%.

Article 49I1J

The $rime 'inister, a#ter deliberation by the Council o# 'inisters, may ma5e the overnment7s programme or possibly a general policy statement an issue o# a vote o# confdence be#ore the+ational )ssembly

The +ational )ssembly may call the overnment to account by passing a resolution o# no=confdence :uch a resolution shall not be admissible unless it is signed by at least one tenth o# themembers o# the +ational )ssembly Foting may not ta5e place !ithin #orty=eight hours a#ter theresolution has been tabled :olely votes cast in #avour o# the no=confdence resolution shall becounted and the latter shall not be passed unless it secures a ma"ority o# the 'embers o# theouse xcept as provided #or in the #ollo!ing paragraph, no 'ember shall sign more than threeresolutions o# no=confdence during a single ordinary session and no more than one during a singleextraordinary session

The $rime 'inister may, a#ter deliberation by the Council o# 'inisters, ma5e the passing o# ainance ill or :ocial :ecurity inancing ill an issue o# a vote o# confdence be#ore the +ational )ssembly %n that event, the ill shall be considered passed unless a resolution o# no=confdence,tabled !ithin the subse>uent t!enty=#our hours, is carried as provided #or in the #oregoing

paragraph %n addition, the $rime 'inister may use the said procedure #or one other overnmentor $rivate 'embers6 ill per session

The $rime 'inister may as5 the :enate to approve a statement o# general policy

$rticle 5

Hhen the 0ational 'sse#bl% (asses a resolution of no-con>!ence, or when it fails to en!orse the:overn#ent (rora##e or eneral (olic% state#ent, the <ri#e /inister shall ten!er theresination of the :overn#ent to the <resi!ent of the ;e(ublic.

Article 50-1 I1J

The overnment may, be#ore either ouse, upon its o!n initiative or upon the re>uest o# a politicalgroup, as set do!n in article 1=1, ma5e a declaration on a given sub"ect, !hich leads to a debateand, i# it so desires, gives rise to a vote, !ithout ma5ing it an issue o# confdence

$rticle 51

The closin of or!inar% or etraor!inar% sessions shall be auto#aticall% (ost(one! in or!er to(er#it the a((lication of article 49, if the case arises. '!!itional sittins shall be hel! auto#aticall%for the sa#e (ur(ose.

Article 51-1 I1J

The /ules o# $rocedure o# each ouse shall determine the rights o# the parliamentary groups set

up !ithin it They shall recogni3e that opposition groups in the ouse concerned, as !ell asminority groups, have specifc rights



$rticle 51)- I1J

%n order to implement the monitoring and assessment missions laid do!n in the frst paragraph o#article 2<, committees o# in>uiry may be set up !ithin each ouse to gather in#ormation,according to the conditions provided #or by statute

:tatutes shall determine their rules o# organi3ation and operation The conditions #or theirestablishment shall be determined by the /ules o# $rocedure

('! 3( ) On reaties and (nternational $greements

$rticle 5-

The <resi!ent of the ;e(ublic shall neotiate an! ratif% treaties.

Ee shall be infor#e! of an% neotiations for the conclusion of an international aree#ent notsubject to rati>cation.

$rticle 5

<eace Treaties, Tra!e aree#ents, treaties or aree#ents relatin to international oraniAation,those co##ittin the >nances of the tate, those #o!if%in (rovisions which are the (reserve ofstatute law, those relatin to the status of (ersons, an! those involvin the ce!in, echanin orac@uirin of territor%, #a% be rati>e! or a((rove! onl% b% an 'ct of <arlia#ent.

The% shall not taFe e$ect until such rati>cation or a((roval has been secure!.

0o ce!in, echanin or ac@uirin of territor% shall be vali! without the consent of the (o(ulationconcerne!.

$rticle 5)1

The ;e(ublic #a% enter into aree#ents with uro(ean tates which are boun! b% un!ertaFinsi!entical with its own in #atters of as%lu# an! the (rotection of hu#an rihts an! fun!a#entalfree!o#s, for the (ur(ose of !eter#inin their res(ective juris!iction as rear!s re@uests foras%lu# sub#itte! to the#.

Eowever, even if the re@uest !oes not fall within their juris!iction un!er the ter#s of sucharee#ents, the authorities of the ;e(ublic shall re#ain e#(owere! to rant as%lu# to an%oreiner who is (ersecute! for his action in (ursuit of free!o# or who seeFs the (rotection ofrance on other roun!s.

$rticle 5)-

The ;e(ublic #a% reconiAe the juris!iction of the &nternational "ri#inal "ourt as (rovi!e! for b%the Treat% sine! on 1+ ul% 199+.

$rticle 54

&f the "onstitutional "ouncil, on a referral fro# the <resi!ent of the ;e(ublic, fro# the <ri#e/inister, fro# the <resi!ent of one or the other Eouses, or fro# sit% /e#bers of the 0ational'sse#bl% or sit% enators, has hel! that an international un!ertaFin contains a clause contrar%to the "onstitution, authoriAation to ratif% or a((rove the international un!ertaFin involve! #a%be iven onl% after a#en!in the "onstitution.

$rticle 55

Treaties or aree#ents !ul% rati>e! or a((rove! shall, u(on (ublication, (revail over 'cts of<arlia#ent, subject, with res(ect to each aree#ent or treat%, to its a((lication b% the other (art%.

('! 3(( ) he Constitutional Council



$rticle 5

The "onstitutional "ouncil shall co#(rise nine #e#bers, each of who# shall hol! oce for a non-renewable ter# of nine %ears. Gne thir! of the #e#bershi( of the "onstitutional "ouncil shall berenewe! ever% three %ears. Three of its #e#bers shall be a((ointe! b% the <resi!ent of the;e(ublic, three b% the <resi!ent of the 0ational 'sse#bl% an! three b% the <resi!ent of the enate.

&n a!!ition to the nine #e#bers (rovi!e! for above, for#er <resi!ents of the ;e(ublic shall be eocio life #e#bers of the "onstitutional "ouncil.

The <resi!ent shall be a((ointe! b% the <resi!ent of the ;e(ublic. Ee shall have a castin vote inthe event of a tie.

Article 56 I1J

The Constitutional Council shall comprise nine members, each o# !hom shall hold o.ce #or a non=rene!able term o# nine years 9ne third o# the membership o# the Constitutional Council shall berene!ed every three years Three o# its members shall be appointed by the $resident o# the/epublic, three by the $resident o# the +ational )ssembly and three by the $resident o# the:enate The procedure provided #or in the last paragraph o# article 1B shall be applied to these

appointments The appointments made by the $resident o# each ouse shall be submitted #orconsultation only to the relevant standing committee in that ouse

%n addition to the nine members provided #or above, #ormer $residents o# the /epublic shall be exo.cio li#e members o# the Constitutional Council

The $resident shall be appointed by the $resident o# the /epublic e shall have a casting vote inthe event o# a tie

$rticle 50

The oce of #e#ber of the "onstitutional "ouncil shall be inco#(atible with that of /inister or/e#ber of the Eouses of <arlia#ent. Gther inco#(atibilities shall be !eter#ine! b% an &nstitutional'ct.

$rticle 58

The "onstitutional "ouncil shall ensure the (ro(er con!uct of the election of the <resi!ent of the;e(ublic.

&t shall ea#ine co#(laints an! shall (roclai# the results of the vote.

$rticle 59

The "onstitutional "ouncil shall rule on the (ro(er con!uct of the election of /e#bers of the0ational 'sse#bl% an! enators in !is(ute! cases.

$rticle

The "onstitutional "ouncil shall ensure the (ro(er con!uct of referen!u# (rocee!ins as (rovi!e!for in articles 11 an! +9 an! in Title an! shall (roclai# the results of the referen!u#.

$rticle 1

&nstitutional 'cts, before their (ro#ulation, <rivate /e#bersM ?ills #entione! in article 11 beforethe% are sub#itte! to referen!u#, an! the rules of (roce!ure of the Eouses of <arlia#ent shall,before co#in into force, be referre! to the "onstitutional "ouncil, which shall rule on theirconfor#it% with the "onstitution.

To the sa#e en!, 'cts of <arlia#ent #a% be referre! to the "onstitutional "ouncil, before their(ro#ulation, b% the <resi!ent of the ;e(ublic, the <ri#e /inister, the <resi!ent of the 0ational'sse#bl%, the <resi!ent of the enate, sit% /e#bers of the 0ational 'sse#bl% or sit% enators.



&n the cases (rovi!e! for in the two foreoin (arara(hs, the "onstitutional "ouncil #ust !eliverits rulin within one #onth. Eowever, at the re@uest of the :overn#ent, in cases of urenc%, this(erio! shall be re!uce! to eiht !a%s.

&n these sa#e cases, referral to the "onstitutional "ouncil shall sus(en! the ti#e allotte! for(ro#ulation.

Article 61-1 I1J

&f, !urin (rocee!ins in (roress before a court of law, it is clai#e! that a leislative (rovisioninfrines the rihts an! free!o#s uarantee! b% the "onstitution, the #atter #a% be referre! b%the "onseil !Mtat or b% the "our !e "assation to the "onstitutional "ouncil which shall rule withina !eter#ine! (erio!.

'n &nstitutional 'ct shall !eter#ine the con!itions for the a((lication of the (resent article.

$rticle -

' (rovision !eclare! unconstitutional on the basis of article 61 shall be neither (ro#ulate! nori#(le#ente!.

' (rovision !eclare! unconstitutional on the basis of article 61-1 shall be re(eale! as of the(ublication of the sai! !ecision of the "onstitutional "ouncil or as of a subse@uent !ate !eter#ine!b% sai! !ecision. The "onstitutional "ouncil shall !eter#ine the con!itions an! the li#its accor!into which the e$ects (ro!uce! b% the (rovision shall be liable to challene.

0o a((eal shall lie fro# the !ecisions of the "onstitutional "ouncil. The% shall be bin!in on (ublicauthorities an! on all a!#inistrative authorities an! all courts.

$rticle

'n &nstitutional 'ct shall !eter#ine the rules of oraniAation an! o(eration of the "onstitutional"ouncil, the (roce!ure to be followe! before it an!, in (articular, the ti#e li#its allotte! for

referrin !is(utes to it.

('! 3((( ) On udicial $uthorit,

$rticle 4

The <resi!ent of the ;e(ublic shall be the uarantor of the in!e(en!ence of the u!icial 'uthorit%.

Ee shall be assiste! b% the Eih "ouncil of the u!iciar%.

'n &nstitutional 'ct shall !eter#ine the status of #e#bers of the u!iciar%.

u!es shall be irre#ovable fro# oce.

$rticle 5

The Eih "ouncil of the u!iciar% shall be (resi!e! over b% the <resi!ent of the ;e(ublic. The/inister of ustice shall be its e ocio ice-(resi!ent. Ee #a% !e(utiAe for the <resi!ent of the;e(ublic.

The Eih "ouncil of the u!iciar% shall consist of two sections, one with juris!iction over ju!es, theother over (ublic (rosecutors.

The section with juris!iction over ju!es shall co#(rise, in a!!ition to the <resi!ent of the ;e(ublican! the /inister of ustice, >ve ju!es an! one (ublic (rosecutor, one Conseiller d7tat a((ointe!b% the Conseil d7tat , an! three (ro#inent citiAens who are not #e#bers either of <arlia#ent or of

the u!iciar%, a((ointe! res(ectivel% b% the <resi!ent of the ;e(ublic, the <resi!ent of the 0ational'sse#bl% an! the <resi!ent of the enate.



The section with juris!iction over (ublic (rosecutors shall co#(rise, in a!!ition to the <resi!ent ofthe ;e(ublic an! the /inister of ustice, >ve (ublic (rosecutors an! one ju!e, an! the Conseillerd7tat toether with the three (ro#inent citiAens referre! to in the (rece!in (arara(h.

The section of the Eih "ouncil of the u!iciar% with juris!iction over ju!es shall #aFereco##en!ations for the a((oint#ent of ju!es to the Cour de cassation, the "hief <resi!ents of"ourts of '((eal an! the <resi!ents of the Tribunaux de grande instance. Gther ju!es shall be

a((ointe! after consultation with this section.

This section shall act as !isci(linar% tribunal for ju!es. Hhen actin in such ca(acit%, it shall be(resi!e! over b% the "hief <resi!ent of the Cour de cassation

The section of the Eih "ouncil of the u!iciar% with juris!iction over (ublic (rosecutors shall iveits o(inion on the a((oint#ent of (ublic (rosecutors, with the ece(tion of (osts to be >lle! at#eetins of the "ouncil of /inisters.

&t shall ive its o(inion on !isci(linar% #easures rear!in (ublic (rosecutors. Hhen actin in suchca(acit%, it shall be (resi!e! over b% the "hief <ublic <rosecutor at the Cour de cassation.

'n &nstitutional 'ct shall !eter#ine the #anner in which this article is to be i#(le#ente!.

Article 65 I1J

The igh Council o# the Judiciary shall consist o# a section !ith "urisdiction over "udges and asection !ith "urisdiction over public prosecutors

The section !ith "urisdiction over "udges shall be presided over by the Chie# $resident o# the Courde cassation %t shall comprise, in addition, fve "udges and one public prosecutor, one Conseillerd7tat appointed by the Conseil d7tat and one barrister, as !ell as six >ualifed, prominent citi3ens!ho are not members o# $arliament, o# the Judiciary or o# administration The $resident o# the/epublic, the $resident o# the +ational )ssembly and the $resident o# the :enate shall eachappoint t!o >ualifed, prominent citi3ens The procedure provided #or in the last paragraph o#article 1B shall be applied to the appointments o# the >ualifed, prominent citi3ens Theappointments made by the $resident o# each ouse o# $arliament shall be submitted #or

consultation only to the relevant standing committee in that ouse

The section !ith "urisdiction over public prosecutors shall be presided over by the Chie# $ublic$rosecutor at the Cour de Cassation %t shall comprise, in addition, fve public prosecutors and one "udge, as !ell as the Conseiller d7tat and the barrister, together !ith the six >ualifed, prominentciti3ens re#erred to in the second paragraph

The section o# the igh Council o# the Judiciary !ith "urisdiction over "udges shall ma5erecommendations #or the appointment o# "udges to the Cour de cassation, the Chie# $residents o#Courts o# )ppeal and the $residents o# the Tribunaux de grande instance 9ther "udges shall beappointed a#ter consultation !ith this section

The section o# the igh Council o# the Judiciary !ith "urisdiction over public prosecutors shall giveits opinion on the appointment o# public prosecutors

The section o# the igh Council o# the Judiciary !ith "urisdiction over "udges shall act asdisciplinary tribunal #or "udges 4hen acting in such capacity, in addition to the membersmentioned in the second paragraph, it shall comprise the "udge belonging to the section !ith "urisdiction over public prosecutors

The section o# the igh Council o# the Judiciary !ith "urisdiction over public prosecutors shall giveits opinion on disciplinary measures regarding public prosecutors 4hen acting in such capacity, itshall comprise, in addition to the members mentioned in paragraph three, the public prosecutorbelonging to the section !ith "urisdiction over "udges

The igh Council o# the Judiciary shall meet in plenary section to reply to the re>uests #or opinionsmade by the $resident o# the /epublic in application o# article G< %t shall also express its opinion in plenary section, on >uestions concerning the deontology o# "udges or on any >uestion concerningthe operation o# "ustice !hich is re#erred to it by the 'inister o# Justice The plenary sectioncomprises three o# the fve "udges mentioned in the second paragraph, three o# the fve



prosecutors mentioned in the third paragraph as !ell as the Conseiller d7tat, the barrister and thesix >ualifed, prominent citi3ens re#erred to in the second paragraph %t is presided over by theChie# $resident o# the Cour de cassation !ho may be substituted by the Chie# $ublic $rosecutor o#this court

The 'inister o# Justice may participate in all the sittings o# the sections o# the igh Council o# the Judiciary except those concerning disciplinary matters

)ccording to the conditions determined by an %nstitutional )ct, a re#erral may be made to the ighCouncil o# the Judiciary by a person sub"ect to trial

The %nstitutional )ct shall determine the manner in !hich this article is to be implemented

$rticle

0o one shall be arbitraril% !etaine!.

The u!icial 'uthorit%, uar!ian of the free!o# of the in!ivi!ual, shall ensure co#(liance with this(rinci(le in the con!itions lai! !own b% statute.

$rticle )1

0o one shall be sentence! to !eath.

('! ( ) he 6igh Court

$rticle 0

The <resi!ent of the ;e(ublic shall incur no liabilit% b% reason of acts carrie! out in his ocialca(acit%, subject to the (rovisions of 'rticles 53-2 an! 6+ hereof.

Throuhout his ter# of oce the <resi!ent shall not be re@uire! to testif% before an% rench "ourt

of law or '!#inistrative authorit% an! shall not be the object of an% civil (rocee!ins, nor of an%(referrin of chares, (rosecution or investiator% #easures. 'll li#itation (erio!s shall besus(en!e! for the !uration of sai! ter# of oce.

'll actions an! (rocee!ins thus sta%e! #a% be reactivate! or brouht aainst the <resi!ent one#onth after the en! of his ter# of oce.

$rticle 8

The <resi!ent of the ;e(ublic shall not be re#ove! fro# oce !urin the ter# thereof on an%roun!s other than a breach of his !uties (atentl% inco#(atible with his continuin in oce. uchre#oval fro# oce shall be (roclai#e! b% <arlia#ent sittin as the Eih "ourt.

The (ro(osal to convene the Eih "ourt a!o(te! b% one or other of the Eouses of <arlia#ent shall

be i##e!iatel% trans#itte! to the other Eouse which shall #aFe its !ecision Fnown within >fteen!a%s of recei(t thereof.

The Eih "ourt shall be (resi!e! over b% the <resi!ent of the 0ational 'sse#bl%. &t shall ive itsrulin as to the re#oval fro# oce of the <resi!ent, b% secret ballot, within one #onth. &ts !ecisionshall have i##e!iate e$ect.

;ulins iven hereun!er shall re@uire a #ajorit% of two thir!s of the #e#bers of the Eouseinvolve! or of the Eih "ourt. 0o (ro% votin shall be allowe!. Gnl% votes in favour of the re#ovalfro# oce or the convenin of the Eih "ourt shall be counte!.

'n &nstitutional 'ct shall !eter#ine the con!itions for the a((lication hereof.

('! ) On the Criminal 'iabilit, of %embers of the 2o+ernment

$rticle 8)1



/e#bers of the :overn#ent shall be cri#inall% liable for acts (erfor#e! in the hol!in of theiroce an! classi>e! as serious cri#es or other #ajor o$ences at the ti#e the% were co##itte!.

The% shall be trie! b% the "ourt of ustice of the ;e(ublic.

The "ourt of ustice of the ;e(ublic shall be boun! b% such !e>nition of serious cri#es an! other#ajor o$ences an! such !eter#ination of (enalties as are lai! !own b% statute.

$rticle 8)-

The "ourt of ustice of the ;e(ublic shall consist of >fteen #e#bers= twelve /e#bers of<arlia#ent, electe! in e@ual nu#ber fro# a#on their ranFs b% the 0ational 'sse#bl% an! theenate after each eneral or (artial renewal b% election of these Eouses, an! three ju!es of theCour de cassation, one of who# shall (resi!e over the "ourt of ustice of the ;e(ublic.

'n% (erson clai#in to be a victi# of a serious cri#e or other #ajor o$ence co##itte! b% a#e#ber of the :overn#ent in the hol!in of his oce #a% lo!e a co#(laint with a (etitionsco##ittee.

This co##ittee shall or!er the case to be either close! or forwar!e! to the "hief <ublic <rosecutor

at the Cour de cassation for referral to the "ourt of ustice of the ;e(ublic.

The "hief <ublic (rosecutor at the Cour de cassation #a% also #aFe a referral e ocio to the"ourt of ustice of the ;e(ublic with the assent of the (etitions co##ittee. 'n &nstitutional 'ct shall!eter#ine the #anner in which this article is to be i#(le#ente!.

$rticle 8)

The (rovisions of this title shall a((l% to acts co##itte! before its entr% into force.

('! ( ) he !conomic7 *ocial and !n+ironmental Council

$rticle 9

The cono#ic an! ocial "ouncil, on a referral fro# the :overn#ent, shall ive its o(inion on such:overn#ent ?ills, !raft Gr!inances, !raft 8ecrees, an! <rivate /e#bersL ?ills as have beensub#itte! to it.

' #e#ber of the cono#ic an! ocial "ouncil #a% be !esinate! b% the "ouncil to (resent, to theEouses of <arlia#ent, the o(inion of the "ouncil on such !rafts, :overn#ent or <rivate /e#bersL?ills as have been sub#itte! to it.

Article 69 I1J

The conomic, :ocial and nvironmental Council, on a re#erral #rom the overnment, shall give itsopinion on such overnment ills, dra#t 9rdinances, dra#t &ecrees, and $rivate 'embers7 ills as

have been submitted to it

) member o# the conomic, :ocial and nvironmental Council may be designated by the Council to present, to the ouses o# $arliament, the opinion o# the Council on such dra#ts, overnment or$rivate 'embers7 ills as have been submitted to it

) re#erral may be made to the conomic, :ocial and nvironmental Council by petition, in themanner determined by an %nstitutional )ct )#ter consideration o# the petition, it shall in#orm theovernment and $arliament o# the pursuant action it proposes

$rticle 0

The cono#ic, ocial an! nviron#ental "ouncil #a% also be consulte! b% the :overn#ent or<arlia#ent on an% econo#ic, social or environ#ental issue. The :overn#ent #a% also consult it on<rora##in ?ills settin !own the #ultiannual ui!elines for (ublic >nances. 'n% (lan or



<rora##in ?ill of an econo#ic, social or environ#ental nature shall be sub#itte! to it for itso(inion.

$rticle 01

The co#(osition of the cono#ic, ocial an! nviron#ental "ouncil, which #ust not ecee! twohun!re! an! thirt%-three #e#bers, an! its rules of (rocee!in shall be !eter#ine! b% an&nstitutional 'ct.

('! ( A – he efender of #ights

$rticle 01)1 I1J

The &e#ender o# /ights shall ensure the due respect o# rights and #reedoms by stateadministrations, territorial communities, public legal entities, as !ell as by all bodies carrying out a public service mission or by those that the %nstitutional )ct decides #all !ithin his remit

/e#erral may be made to the &e#ender o# /ights, in the manner determined by an %nstitutional )ct,by every person !ho considers his rights to have been in#ringed by the operation o# a publicservice or o# a body mentioned in the frst paragraph e may act !ithout re#erral

The %nstitutional )ct shall set do!n the mechanisms #or action and po!ers o# the &e#ender o#/ights %t shall determine the manner in !hich he may be assisted by third parties in the exerciseo# certain o# his po!ers

The &e#ender o# /ights shall be appointed by the $resident o# the /epublic #or a six=year, non=rene!able term, a#ter the application o# the procedure provided #or in the last paragraph o# article1B This position is incompatible !ith membership o# the overnment or membership o#$arliament 9ther incompatibilities shall be determined by the %nstitutional )ct

The &e#ender o# /ights is accountable #or his actions to the $resident o# the /epublic and to$arliament

('! (( ) On erritorial Communities

$rticle 0-

The territorial co##unities of the ;e(ublic shall be the Communes, the &partements, the;eions, the (ecial-tatus co##unities an! the Gverseas Territorial co##unities to which article4 a((lies. 'n% other territorial co##unit% create!, if nee! be, to re(lace one or #oreco##unities (rovi!e! for b% this (arara(h shall be create! b% statute.

Territorial co##unities #a% taFe !ecisions in all #atters arisin un!er (owers that can best beeercise! at their level.

&n the con!itions (rovi!e! for b% statute, these co##unities shall be self-overnin throuhelecte! councils an! shall have (ower to #aFe reulations for #atters co#in within their juris!iction.

&n the #anner (rovi!e! for b% an &nstitutional 'ct, ece(t where the essential con!itions for theeercise of (ublic free!o#s or of a riht uarantee! b% the "onstitution are a$ecte!, territorialco##unities or associations thereof #a%, where (rovision is #a!e b% statute or reulation, as thecase #a% be, !eroate on an e(eri#ental basis for li#ite! (ur(oses an! !uration fro# (rovisionslai! !own b% statute or reulation overnin the eercise of their (owers.

0o territorial co##unit% #a% eercise authorit% over another. Eowever, where the eercisin of a(ower re@uires the co#bine! action of several territorial co##unities, one of those co##unitiesor one of their associations #a% be authorise! b% statute to oranise such co#bine! action.

&n the territorial co##unities of the ;e(ublic, the tate re(resentative, re(resentin each of the

/e#bers of the :overn#ent, shall be res(onsible for national interests, a!#inistrative su(ervisionan! co#(liance with the law.



$rticle 0-)1

The con!itions in which voters in each territorial co##unit% #a% use their riht of (etition to asFfor a #atter within the (owers of the co##unit% to be entere! on the aen!a of its 8eliberative'sse#bl% shall be !eter#ine! b% statute.

&n the con!itions !eter#ine! b% an &nstitutional 'ct, !raft !ecisions or acts within the (owers of aterritorial co##unit% #a%, on the initiative of the latter, be sub#itte! for a !ecision b% voters ofsai! co##unit% b% #eans of a referen!u#

Hhen the creation of a s(ecial-status territorial co##unit% or #o!i>cation of its oranisation areconte#(late!, a !ecision #a% be taFen b% statute to consult the voters reistere! in the relevantco##unities. oters #a% also be consulte! on chanes to the boun!aries of territorialco##unities in the con!itions !eter#ine! b% statute.

$rticle 0-)-

Territorial co##unities shall enjo% revenue of which the% #a% !is(ose freel% in the con!itions!eter#ine! b% statute.

The% #a% receive all or (art of the (rocee!s of taes of all Fin!s. The% #a% be authorise! b%statute to !eter#ine the basis of assess#ent an! the rates thereof, within the li#its set b% suchstatutes.

Ta revenue an! other own revenue of territorial co##unities shall, for each cateor% of territorialco##unit%, re(resent a !ecisive share of their revenue. The con!itions for the i#(le#entation ofthis rule shall be !eter#ine! b% an &nstitutional 'ct.

Hhenever (owers are transferre! between central overn#ent an! the territorial co##unities,revenue e@uivalent to that iven over to the eercise of those (owers shall also be transferre!.Hhenever the e$ect of newl% create! or eten!e! (owers is to increase the e(en!iture to beborne b% territorial co##unities, revenue as !eter#ine! b% statute shall be allocate! to sai!co##unities.

@ualisation #echanis#s inten!e! to (ro#ote e@ualit% between territorial co##unities shall be(rovi!e! for b% statute.

$rticle 0-)

The ;e(ublic shall reconise the overseas (o(ulations within the rench (eo(le in a co##on i!ealof libert%, e@ualit% an! fraternit%.

:ua!elou(e, :u%ane, /artini@ue, ;Nunion, /a%otte, aint-?arthNle#%, aint-/artin, aint-<ierre-et-/i@uelon, the Hallis an! utuna &slan!s an! rench <ol%nesia shall be overne! b% article 3 asrear!s overseas !e(art#ents an! reions an! for the territorial co##unities set u( un!er the>nal (arara(h of article 3, an! b% article 4 for the other co##unities.

The status of 0ew "ale!onia shall be overne! b% title &&&.

The leislative s%ste# an! s(ecial oranisation of the rench outhern an! 'ntarctic Territories an!"li((erton shall be !eter#ine! b% statute.

$rticle 0-)4

0o chane of status as (rovi!e! for b% articles 3 an! 4 with res(ect to the whole or (art of an%one of the co##unities to which the secon! (arara(h of article 2-3 a((lies, shall taFe (lacewithout the (rior consent of voters in the relevant co##unit% or (art of a co##unit% bein souhtin the #anner (rovi!e! for b% the (arara(h below. uch chane of status shall be #a!e b% an&nstitutional 'ct.

The <resi!ent of the ;e(ublic #a%, on a reco##en!ation fro# the :overn#ent when <arlia#ent isin session or on a joint #otion of the two Eouses, (ublishe! in either case in the ournal ociel,!eci!e to consult voters in an overseas territorial co##unit% on a @uestion relatin to its



oranisation, its (owers or its leislative s%ste#. Hhere the referen!u# concerns a chane ofstatus as (rovi!e! for b% the foreoin (arara(h an! is hel! in res(onse to a reco##en!ation b%the :overn#ent, the :overn#ent shall #aFe a state#ent before each Eouse which shall befollowe! b% !ebate.

$rticle 0

&n the overseas !e(art#ents an! reions, statutes an! reulations shall be auto#aticall%a((licable. The% #a% be a!a(te! in the liht of the s(eci>c characteristics an! constraints of suchco##unities.

Those a!a(tations #a% be !eci!e! on b% the co##unities in areas in which their (owers areeercise! if the relevant co##unities have been e#(owere! to that en! b% statute.

?% wa% of !eroation fro# the >rst (arara(h hereof an! in or!er to taFe account of their s(eci>cfeatures, co##unities to which this article a((lies #a% be e#(owere! b% statute to !eter#inethe#selves the rules a((licable in their territor% in a li#ite! nu#ber of #atters that fall to be!eter#ine! b% statute.

These rules #a% not concern nationalit%, civic rihts, the uarantees of civil liberties, the status

an! ca(acit% of (ersons, the oranisation of justice, cri#inal law, cri#inal (roce!ure, forein(olic%, !efence, (ublic securit% an! (ublic or!er, currenc%, cre!it an! echane, or electoral law. This list #a% be clari>e! an! a#(li>e! b% an &nstitutional 'ct.

The two foreoin (arara(hs shall not a((l% in the !e(art#ent an! reion of ;Nunion.

The (owers to be conferre! (ursuant to the secon! an! thir! (arara(hs hereof shall be!eter#ine! at the re@uest of the relevant territorial co##unit% in the con!itions an! subject to thereservations (rovi!e! for b% an &nstitutional 'ct. The% #a% not be conferre! where the essentialcon!itions for the eercise of civil liberties or of a riht uarantee! b% the "onstitution area$ecte!.

The settin u( b% statute of a territorial co##unit% to re(lace an overseas !e(art#ent an! reionor a sinle 8eliberative 'sse#bl% for the two co##unities shall not be carrie! out unless the

consent of the voters reistere! there has >rst been souht as (rovi!e! b% the secon! (arara(hof article 2-4.

$rticle 0 I1J

%n the overseas departments and regions, statutes and regulations shall be automaticallyapplicable They may be adapted in the light o# the specifc characteristics and constraints o# suchcommunities

Those adaptations may be decided on by the communities in areas in !hich their po!ers areexercised i# the relevant communities have been empo!ered to that end by statute or byregulation, !hichever is the case

y !ay o# derogation #rom the frst paragraph hereo# and in order to ta5e account o# their specifc#eatures, communities to !hich this article applies may be empo!ered by statute or by regulation,!hichever is the case, to determine themselves the rules applicable in their territory in a limitednumber o# matters that #all to be determined by statute or by regulation

These rules may not concern nationality, civic rights, the guarantees o# civil liberties, the statusand capacity o# persons, the organisation o# "ustice, criminal la!, criminal procedure, #oreign policy, de#ence, public security and public order, currency, credit and exchange, or electoral la!This list may be clarifed and amplifed by an %nstitutional )ct

The t!o #oregoing paragraphs shall not apply in the department and region o# /union

The po!ers to be con#erred pursuant to the second and third paragraphs hereo# shall bedetermined at the re>uest o# the relevant territorial community in the conditions and sub"ect to

the reservations provided #or by an %nstitutional )ct They may not be con#erred !here theessential conditions #or the exercise o# civil liberties or o# a right guaranteed by the Constitutionare a*ected



The setting up by statute o# a territorial community to replace an overseas department and regionor a single &eliberative )ssembly #or the t!o communities shall not be carried out unless theconsent o# the voters registered there has frst been sought as provided by the second paragrapho# article ;2=<

$rticle 04

The Gverseas territorial co##unities to which this article a((lies shall have a status reBectintheir res(ective local interests within the ;e(ublic.

This status shall be !eter#ine! b% an &nstitutional 'ct, (asse! after consultation of the 8eliberative'sse#bl%, which shall s(ecif%=

the con!itions in which statutes an! reulations shall a((l% there

the (owers of the territorial co##unit% subject to those alrea!% eercise! b% sai!co##unit% the transfer of central overn#ent (owers #a% not involve an% of the#atters liste! in (arara(h four of article 3, as s(eci>e! an! co#(lete!, if nee! be, b%an &nstitutional 'ct

the rules overnin the oranisation an! o(eration of the institutions of the territorialco##unit% an! the electoral s%ste# for its 8eliberative 'sse#bl%

the con!itions in which its institutions are consulte! on :overn#ent or <rivate/e#bersM ?ills an! !raft Gr!inances or !raft 8ecrees containin (rovisions relatins(eci>call% to the co##unit% an! to the rati>cation or a((roval of internationalun!ertaFins entere! into in #atters within its (owers

The &nstitutional 'ct #a% also, for such territorial co##unities as are self-overnin, !eter#ine thecon!itions in which=

the Conseil d6tat shall eercise s(eci>c ju!icial review of certain cateories of !ecisionstaFen b% the 8eliberative 'sse#bl% in #atters which are within the (owers veste! in itb% statute

the 8eliberative 'sse#bl% #a% a#en! a statute (ro#ulate! after the co#in intoe$ect of the new status of sai! territorial co##unit% where the "onstitutional "ouncil,actin in (articular on a referral fro# the authorities of the territorial co##unit%, hasfoun! that statute law has intervene! in a >el! within the (owers of sai! 'sse#bl%

#easures justi>e! b% local nee!s #a% be taFen b% the territorial co##unit% in favour ofits (o(ulation as rear!s access to e#(lo%#ent, the riht of establish#ent for theeercise of a (rofessional activit% or the (rotection of lan!

the co##unit% #a%, subject to review b% the central overn#ent, (artici(ate in theeercise of the (owers veste! in it while showin !ue res(ect for the uaranties iventhrouhout national territor% for the eercisin of civil liberties.

The other rules overnin the s(eci>c oranisation of the territorial co##unities to which thisarticle a((lies shall be !eter#ine! an! a#en!e! b% statute after consultation with their8eliberative 'sse#bl%.

$rticle 04)1

&n the Gverseas territorial co##unities referre! to b% 'rticle 4 an! in 0ew "ale!onia, the:overn#ent #a%, in #atters which re#ain within its (ower, eten! b% Gr!inance, with an%necessar% a!a(tations, the leislative (rovisions a((l%in in #ainlan! rance, or a!a(t theleislative (rovisions a((l%in, to the s(eci>c oraniAation of the co##unit% in @uestion, (rovi!e!statute law has not e(ressl% eclu!e! the use of this (roce!ure for the (rovisions involve!.

uch Gr!inances shall be issue! in the "ouncil of /inisters after receivin the o(inion of the

relevant 8eliberative 'sse#blies an! the "onseil !Mtat. The% shall co#e into force u(on(ublication. The% shall la(se if the% are not rati>e! b% <arlia#ent within eihteen #onths of their(ublication.





$rticle 88

The ;e(ublic #a% enter into aree#ents with tates which wish to associate with it in or!er to!evelo( their civiliAations.

('! 3 ) On the !uropean Communities and the !uropean <nion

On the European Union I1J

$rticle 88)1

The ;e(ublic shall (artici(ate in the uro(ean "o##unities an! in the uro(ean 7nion constitute!b% tates which have freel% chosen b% virtue of the treaties which establishe! the# to eerciseso#e of their (owers in co##on.

&t shall (artici(ate in the uro(ean 7nion in the con!itions (rovi!e! for b% the Treat% of isbona#en!in the Treat% on uro(ean 7nion an! the Treat% establishin the uro(ean "o##unit%,sine! on 13 8ece#ber, 2**.

Article 88-1 I1J

The /epublic shall participate in the uropean Hnion constituted by :tates !hich have #reelychosen to exercise some o# their po!ers in common by virtue o# the Treaty on uropean Hnion ando# the Treaty on the unctioning o# the uropean Hnion, as they result #rom the treaty signed in-isbon on 1B &ecember, 200;

$rticle 88)-

ubject to reci(rocit% an! in accor!ance with the ter#s of the Treat% on uro(ean 7nion sine! on ebruar% 1992, rance arees to the transfer of (owers necessar% for the establish#ent of theuro(ean cono#ic an! /onetar% 7nion.

ubject to the sa#e reservation an! in accor!ance with the ter#s of the Treat% establishin the

uro(ean "o##unit%, as a#en!e! b% the Treat% sine! on 2 Gctober 199, the transfer of (owersnecessar% for the !eter#ination of rules concernin free!o# of #ove#ent for (ersons an! relate!areas #a% be aree!.

tatutes shall !eter#ine the rules relatin to the uro(ean arrest warrant (ursuant to acts a!o(te!un!er the Treat% of uro(ean 7nion.

Article 88-2 I1J

:tatutes shall determine the rules relating to the uropean arrest !arrant pursuant to actsadopted by the institutions on the uropean Hnion

$rticle 88)

ubject to reci(rocit% an! in accor!ance with the ter#s of the Treat% on uro(ean 7nion sine! on ebruar% 1992, the riht to vote an! stan! as a can!i!ate in #unici(al elections shall be rante!onl% to citiAens of the 7nion resi!in in rance. uch citiAens shall neither hol! the oce of /a%oror 8e(ut% /a%or nor (artici(ate in the !esination of enate electors or in the election of enators.'n &nstitutional 'ct (asse! in i!entical ter#s b% the two Eouses shall !eter#ine the #anner ofi#(le#entation of this article.

$rticle 88)4

The :overn#ent shall la% before the 0ational 'sse#bl% an! the enate !rafts of or (ro(osals for'cts of the uro(ean "o##unities an! the uro(ean 7nion containin (rovisions which are of astatutor% nature as soon as the% have been trans#itte! to the "ouncil of the uro(ean 7nion. &t#a% also la% before the# other !rafts of or (ro(osals for 'cts or an% instru#ent issuin fro# a

uro(ean 7nion &nstitution.



&n the #anner lai! !own b% the rules of (roce!ure of each Eouse, resolutions #a% be (asse!, evenif <arlia#ent is not in session, on the !rafts, (ro(osals or instru#ents referre! to in the (rece!in(arara(h.

Article 88-4 I1J

The overnment shall lay be#ore the +ational )ssembly and the :enate dra#ts o# uropeanlegislative )cts as !ell as other dra#ts o# or proposals #or )cts o# the uropean Hnion as soon asthey have been transmitted to the Council o# the uropean Hnion

%n the manner laid do!n by the rules o# procedure o# each ouse, uropean resolutions may be passed, even i# $arliament is not in session, on the dra#ts or proposals re#erred to in the preceding paragraph, as !ell as on any document issuing #rom a uropean Hnion %nstitution

) committee in charge o# uropean a*airs shall be set up in each parliamentary assembly

$rticle 88)5

'n% :overn#ent ?ill authoriAin the rati>cation of a Treat% (ertainin to the accession of a tate tothe uro(ean 7nion an! to the uro(ean "o##unities shall be sub#itte! to referen!u# b% the

<resi!ent of the ;e(ublic.

$rticle 88)5 I1J

)ny overnment ill authori3ing the ratifcation o# a Treaty pertaining to the accession o# a :tateto the uropean Hnion shall be submitted to re#erendum by the $resident o# the /epublic

+ot!ithstanding the #oregoing, by passing a motion adopted in identical terms in each ouse by athree=f#ths ma"ority, $arliament may authori3e the passing o# the bill according to the procedure provided #or in paragraph three o# article 8E

Article 88-6 I1J

The +ational )ssembly or the :enate may issue a reasoned opinion as to the con#ormity o# a dra#t proposal #or a uropean )ct !ith the principle o# subsidiarity :aid opinion shall be addressed bythe $resident o# the ouse involved to the $residents o# the uropean $arliament, the Council o#the uropean Hnion and the uropean Commission The overnment shall be in#ormed o# saidopinion

ach ouse may institute proceedings be#ore the Court o# Justice o# the uropean Hnion against auropean )ct #or non=compliance !ith the principle o# subsidiarity :uch proceedings shall bere#erred to the Court o# Justice o# the uropean Hnion by the overnment

or the purpose o# the #oregoing, resolutions may be passed, even i# $arliament is not in session,in the manner set do!n by the /ules o# $rocedure o# each ouse #or the tabling and discussionthereo#

Article 88-7 I1J

$arliament may, by the passing o# a motion in identical terms by the +ational )ssembly and the:enate, oppose any modifcation o# the rules governing the passing o# )cts o# the uropean Hnionin cases provided #or under the simplifed revision procedure #or treaties or under "udicialcooperation on civil matters, as set #orth in the Treaty on uropean Hnion and the Treaty on theunctioning o# the uropean Hnion, as they result #rom the treaty signed in -isbon on &ecember1B, 200;

('! 3( ) On $mendments to the Constitution

$rticle 89

The <resi!ent of the ;e(ublic, on the reco##en!ation of the <ri#e /inister, an! /e#bers of<arlia#ent aliFe shall have the riht to initiate a#en!#ents to the "onstitution.



' :overn#ent or a <rivate /e#berLs ?ill to a#en! the "onstitution #ust be consi!ere! within theti#e li#its set !own in the thir! (arara(h of article 42 an! be (asse! b% the two Eouses ini!entical ter#s. The a#en!#ent shall taFe e$ect after a((roval b% referen!u#.

Eowever, a :overn#ent ?ill to a#en! the "onstitution shall not be sub#itte! to referen!u# wherethe <resi!ent of the ;e(ublic !eci!es to sub#it it to <arlia#ent convene! in "onress the:overn#ent ?ill to a#en! the "onstitution shall then be a((rove! onl% if it is (asse! b% a three-

>fths #ajorit% of the votes cast. The ?ureau of the "onress shall be that of the 0ational 'sse#bl%.

0o a#en!#ent (roce!ure shall be co##ence! or continue! where the interit% of nationalterritor% is (lace! in jeo(ar!%.

The re(ublican for# of overn#ent shall not be the object of an% a#en!#ent.

('! 3(( ) $rovisional 'easures (/epealedD

C6$#!# O# 6! !N3(#ON%!N

The rench <eo(le

"onsi!erin that

0atural resources an! e@uilibriu#s have con!itione! the e#erence of #anFin!

The future an! ver% eistence of #anFin! are inetricabl% linFe! with its natural environ#ent

The environ#ent is the co##on heritae of all #anFin!

/anFin! eerts ever-increasin inBuence over the con!itions for life an! its own evolution

?ioloical !iversit%, the ful>l#ent of the (erson an! the (roress of hu#an societies are a$ecte!b% certain t%(es of consu#(tion or (ro!uction an! b% ecessive e(loitation of natural resources

"are #ust be taFen to safeuar! the environ#ent alon with the other fun!a#ental interests ofthe 0ation

&n or!er to ensure sustainable !evelo(#ent, choices !esine! to #eet the nee!s of the (resenteneration shoul! not jeo(ar!ise the abilit% of future enerations an! other (eo(les to #eet theirown nee!s,

Eereb% (roclai#=

'rt 1 - ver%one has the riht to live in a balance! environ#ent which shows !ue res(ect for

health.

'rt 2 - ver%one is un!er a !ut% to (artici(ate in (reservin an! enhancin the environ#ent.

'rt 3 - ver%one shall, in the con!itions (rovi!e! for b% law, foresee an! avoi! the occurrence ofan% !a#ae which he or she #a% cause to the environ#ent or, failin that, li#it the conse@uencesof such !a#ae.

'rt 4 - ver%one shall be re@uire!, in the con!itions (rovi!e! for b% law, to contribute to the#aFin oo! of an% !a#ae he or she #a% have cause! to the environ#ent.

'rt 5 - Hhen the occurrence of an% !a#ae, albeit un(re!ictable in the current state of scienti>cFnowle!e, #a% seriousl% an! irreversibl% har# the environ#ent, (ublic authorities shall, with !ueres(ect for the (rinci(le of (recaution an! the areas within their juris!iction, ensure thei#(le#entation of (roce!ures for risF assess#ent an! the a!o(tion of te#(orar% #easuresco##ensurate with the risF involve! in or!er to (reclu!e the occurrence of such !a#ae.



'rt 6- <ublic (olicies shall (ro#ote sustainable !evelo(#ent. To this en! the% shall reconcile the(rotection an! enhance#ent of the environ#ent with econo#ic !evelo(#ent an! social (roress.

'rt - ver%one has the riht, in the con!itions an! to the etent (rovi!e! for b% law, to haveaccess to infor#ation (ertainin to the environ#ent in the (ossession of (ublic bo!ies an! to(artici(ate in the (ublic !ecision-taFin (rocess liFel% to a$ect the environ#ent

'rt + - !ucation an! trainin with rear! to the environ#ent shall contribute to the eercisin ofthe rihts an! !uties set out in this "harter.

'rt 9 - ;esearch an! innovation shall contribute to the (reservation an! !evelo(#ent of theenviron#ent.

'rt 1* - This "harter shall ins(ire ranceMs actions at both uro(ean an! international levels.

I1J ee 0ote.

Documents

Constitution of the French Republic