Lacking a guaranteed majority, it is preferable for the government to wait for a motion of no confidence described in part 2, the adoption of which is more difficult than a simple refusal of confidence. The text mentions the requirement of deliberation in the Cabinet, and the doctrine was questioned to find out if the term implied the agreement of the Cabinet or simply discussion, which would in that case leave the decision to the prime minister alone. They did this, however, always emphasizing that they proceeded from the president of the Republic and not the parliament, and that it was not an investiture. The announcement of the referendum, which was preceded by few rumors in the summer, caused considerable excitement. The motion of confidence can also help the government in its relations with its majority in parliament. The refusal to make commitments is seen as an admission of the majority’s weakness. In contrast to article 10 which fixes a period of fifteen days for the promulgation of laws, unanimously considered as an obligation of the president, article 13 does not set a deadline.

Under former practices, the government could link its continuance to the adoption of the legal texts. It also can help rally MPs to stand-up to the opposition, and possibly force a critical coalition partner to renew its membership in the majority, as occurred with the RPR between and or the Communist Party between and His reading gave the president of the republic a primacy that goes well beyond the letter of the constitution, but which is often consistent with the practice. Its meaning is sometimes imprecise, and therefore its interpretation is disputed, particularly concerning the obligatory or optional character of this commitment. So, there is still a Democratic way out. The strength is due to two other factors.

On the other hand, under the Fifth Republic, it no longer possible, as under the previous Republic or présidennt, to attach motions of confidence to votes of law to force the assembly to vote on the combined motion and the law. President Georges Pompidou had given his agreement to this commitment, noting that it was the prime minister’s prerogative.

In addition, it may be used on several successive readings of the same text. Certain prime ministers have used the expression “declaration of general policy” while they were speaking for the first time before the assembly. In this extreme case, the president, who has the responsibility to ensure the continuity of the state, also has the means to do so, because he may resort to the nation to make it the judge of the dispute via new vu, or a referendum, or both.


De Gaulle, when inaugurated as prime minister under the Fourth Republic, promised he would include this procedure in the reform of the institutions. A vote of no confidence censure is a présidenr for the National Assembly, on its own initiative, to force the government to resign.

It is usual in French law for the simple present indicative to connote a requirement and not a simple option: But in his first speech of general policy, he said on this topic that “the text does not say explicitly that he must do it, but the spirit of the Constitution is clear.


dissertation irresponsabilité du président

Chevallier, Carcassonne, Duhamelp For even without a majority in the National Assembly, the president would still be able to nominate a government to suit himself and thus hold all theirs powers. In practice it is viewed as optional, and the presidential post retains a clear supremacy. From Wikipedia, the free encyclopedia.

Description du pouvoir législatif et exécutif

During his press conference on 31 JanuaryGeneral de Gaulle returned to the topic of the functioning of the institutions.

Archived from the original PDF on September 30, This situation disappeared after the legislative elections of Deputies can use only the motion of no confidence, and this is surrounded by conditions which are disputed only by those who do not want to remember. It is part of Title V: Prime Minister Jacques Chaban-Delmas requested and received the confidence of the assembly on 24 Maywhile clearly reaffirming that the government took its legitimacy from the president of the republic, who may at any time put an end to its functions.

For example, the Constitution of Italy states that “The government has to appear before each chamber no later than ten days after its appointment to get a vote of confidence” The Constitutional Council validated the commitment of the responsibility of the government in section 3 by the phrasing “to the extent that the Cabinet had deliberated [ The political benefit which it can obtain remains limited: In any case, this deliberation does not give the president, especially in a period of “cohabitation”, the power to prevent the commitment of his responsibility, except in the improbable case of a refusal to enter the question on the agenda of the Cabinet.


Article 49 of the French Constitution – Wikipedia

The motion was passed easily, the Gaullist party UNR being the only major group not to vote it. The announcement of the referendum, which was preceded by few rumors in the summer, caused considerable excitement. Article 20 makes clear, by referring to articles 49 and 50, that the president is responsible before the parliament, but the constitution does not attach conditions to any irresponsabilihé his powers regarding his “commitment of ud, and even when it is required, no deadline is fixed to limit the obligation, which in reality is comes down to a moral decision.

According to a report by the National Assembly, [3] section 3 may be implemented both during a regular session or a special session.

Description du pouvoir législatif et exécutif – Cours de droit

The simple language and the grammar [ In case of change of prime minister during the same session, the second will have this option even if the first has already used it. The refusal to make commitments is seen as an admission of the majority’s weakness.

Also, the relationship between the ministry and the parliament, such as they are governed by the Constitution, call for a motion of no confidence only under conditions that give this break dissertatioon extraordinary seriousness.

One category of government did, however, systematically require the confidence of, and almost investiture by, the Assembly upon coming into office: In the constitution, the government’s responsibility is framed by devices that allow it to streamline the parliamentarian system to promote stability of government. Views Read Edit View history.

dissertation irresponsabilité du président

The vote’s application and action by the parliament, in this regard, is an essential characteristic of any parliamentary system. The Fifth Republic provides for a much more powerful weapon with the paragraph 3 see below.