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Economies and finances - Materials and structures in mechanics - Electric power - Signal and Image processing - Electronics. NUTRA : Economie des plateformes, travail, emploi et organisations : perspectives juridiques et approche comparative. In its Gender Quotas I decision of and Gender Quotas II decision of , the Council also found laws to advance gender equality to violate the constitutional principle of equality. The jurisprudence of the Council demonstrates that the Constitution can be adapted to changing needs and values, but only up to a point.
Then, constitutional change must occur through the political process, i.
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Perhaps it is the vagueness of the Constitution regarding the relationship between president and prime minister that has allowed successive presidents and prime ministers to tailor their relationship to suit the political environment of the time. The Constitution as applied by the Constitutional Council has had little relevance in defining the relationship between president and prime minister during periods of cohabitation. The president is elected by the people and is responsible to them. One thing is certain, however: article 5 clearly rejects a ceremonial or passive conception of the presidency and instead expresses a dynamic, active conception of the presidential office.
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The legislative elections of March resulted in a small majority for the parties of the Right in the National Assembly. This was the first time since the inception of the Fifth Republic in that the president and the prime minister were from opposing parties. This cohabitation was particularly tense and difficult for two principal reasons: first, the incoming Government of the Right wanted to make significant changes in some of the policies of the preceding Governments of the Left most importantly, to privatize large sectors of the economy that had recently been nationalized ; and second, President Mitterrand intended to seek reelection in , and Prime Minister Chirac was almost certainly going to be the opposing candidate.
A potential constitutional crisis arose early in the Mitterrand-Chirac cohabitation.
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On March 20, , Prime Minister Chirac announced that he intended to submit two laws to Parliament authorizing the Government to legislate by ordinances. In particular, in order to accomplish with the least delay the recovery of the country and to make our institutions more effective, two authorization laws will be submitted to Parliament authorizing the Government to legislate by ordinances So I think that ordinances, which The Constitutional Council approved both laws, subject to certain interpretive reservations. Or may he exercise his discretion in deciding whether to sign the ordinance or not?
President Mitterrand was reelected in , and his party emerged with a few more seats in the National Assembly than the parties of the center Right, but not enough for a majority. Nevertheless, President Mitterrand was able to select a prime minister from his own party and to control the legislative agenda.
The legislative elections of March , however, resulted in a substantial majority for the parties of the center Right in the National Assembly. The political context of this cohabitation was very different from that of the first cohabitation, as President Mitterrand, old and ill, and Prime Minister Balladur, who disclaimed presidential ambitions, were not competitors for the presidency in the upcoming election of Effective power passed to the prime minister. In President Jacques Chirac dissolved the National Assembly and called for legislative elections, which he had the power to do pursuant to article 12 of the Constitution.
He did so because he thought that the electoral position of his party, although deteriorating, was still strong, and he wanted to assure a continuing parliamentary majority for the last five years of his seven year term of office. To his great chagrin, however, the parties of the Left won seats in the National Assembly and the parties supporting President Chirac won only seats.
Because of the radically altered political environment, Prime Minister Jospin was able to exercise considerably more power than the prime ministers during the first two cohabitations. Although comprehensive constitutional reform had been considered during the s, and a report had been prepared in recommending numerous revisions,  reform did not occur at that time. President Sarkozy also asked the Commission to advise him on the desirability of introducing some degree of proportionality into parliamentary elections.
Each section contains detailed recommendations which deal with most of the matters raised by President Sarkozy in his charge to the Commission. Parliament and later Parliament in Congress approved most of the recommendations of the Balladur Commission, but did reject four significant proposals: to clarify the relationship of the president of the Republic and Government by better defining their respective roles,  to introduce some proportionality into the election of the National Assembly,  to rein in the regime of cumul des mandats by ministers and members of Parliament,  and to reform representation in the Senate.
The Commission did recommend, however, that the functions of president and prime minister be better defined and divided. This major initiative to better define the role of president and prime minister and Government, to make clear that the president sets policy and the prime minister and his Government implement it, was in the final analysis simply too far removed from the republican tradition to be acceptable to Parliament. The Commission had more success with its recommendations to better define the prerogatives of the president. An amendment to article 13 limits the nominating powers of the president.
Giving this unencumbered power to the president, in conjunction with adoption of an ordinance containing an extensive list of positions subject to the presidential appointment power,  accorded with the spirit of the Constitution, which was to enlarge the powers of the president and to diminish those of Parliament. The President of the Republic may not make an appointment when the sum of the negative votes in each committee represents at least three-fifths of the votes cast by the two committees.
He no longer possesses the power to grant collective or group pardons. The Vedel Report of recommended that the emergency powers provision be retained, but that additional safeguards be added to prevent its abuse. The primary goal of the Constitution was to empower the president and Government to act promptly, efficiently, and firmly to determine and effectuate the national interest.
This necessarily involved the expansion of the sphere of executive responsibility and the facilitation of executive action, as well as the curtailment of parliamentary power, all of which the Constitution duly accomplished. The critical inflexion points were the constitutional amendment of on the direct election of the president and the presidential election of , the first presidential election after the resignation of General de Gaulle and his withdrawal from political life.
In his famous press conference of January 31, , President de Gaulle clearly expressed his view that the president was the supreme power in the nation. Over time, the president has become more and more involved and dominant in party politics. Strange as it may seem to the American observer, the Constitution as originally adopted accords to the Government the dominant position in organizing the work of the houses of Parliament.
During two weeks of sittings out of four, priority shall be given, in the order determined by the Government, to the consideration of texts and to debates which it requests to be included on the agenda. In addition, the consideration of Finance Bills, Social Security Financing Bills and, subject to the provisions of the following paragraph, texts transmitted by the other House at least six weeks previously, as well as bills concerning a state of emergency and requests for authorization referred to in article 35, shall, upon Government request, be included on the agenda with priority.
During one week of sittings out of four, priority shall be given, in the order determined by each House, to the monitoring of Government action and to the assessment of public policies.
One day of sitting per month shall be given to an agenda determined by each House upon the initiative of the opposition groups in the relevant House, as well as upon that of the minority groups. During at least one sitting per week, including during the extraordinary sittings provided for in article 29, priority shall be given to questions from Members of Parliament and to answers from the Government.
Another significant amendment enhancing the power of Parliament is the change made to article 49 3.
As adopted in , article 49 3 allowed the Government to enact legislation by the devious route of turning the vote on its bill into a vote of confidence. According to that article before its amendment in :. The article 49 3 procedure can now be used only for finance bills and social security financing bills and one other bill per session. Article 45 2 now reads:. It shall assess public policies.