French President Election and Powers
French President: Election & Role
The President of the Republic is elected for five years in a single constituency comprising the whole nation and may be reelected indefinitely. (Under the Third Republic, the presidential term lasted seven years, but since the introduction of the Fifth Republic, it was reduced to five years, a change approved in 2000, albeit with an abstention rate of 70%). Before 1962, the election was indirect.
Presidential Election Process
The selection is done by majority vote in two rounds. The second round is held on the second Sunday after the first. To be elected in the first round, a candidate must obtain more than half of the votes cast. Given the multi-party system in France, this rarely happens, and a second round is usually necessary.
Election Details and Rounds
To overcome the division of votes in the first round, only the top two candidates proceed to the second round. This encourages the formation of coalitions and ensures that the President is elected by an absolute majority.
Candidate Nomination Requirements
Presidential elections are held a minimum of 20 days and a maximum of 35 days after the completion of the incumbent President’s mandate. A nomination must be endorsed by at least 500 elected officials, including:
- Parliamentarians
- Members of Regional Councils
- Members of Assemblies of the Territories
- Mayors
- Elected members of the Supreme Council of the French Abroad (at least 30 representatives from different departments or overseas territories must be included among the 500 endorsers)
The candidate must also file a statement on the state of their finances.
Election Oversight and Vacancy
The Constitutional Council oversees the legality of the process, resolves any disputes, and controls campaign accounts.
The presidency may also become vacant by death, resignation, or temporary or permanent disability, which is established by the Constitutional Council at the request of the Government. In such cases, the President of the Senate replaces the President. The interim President cannot call a referendum, dissolve the National Assembly, or revise the Constitution. They also cannot dismiss the government or force it to resign.
The President is generally considered politically irresponsible and irremovable during their term and can only be subjected to the charge of high treason before the High Court of Justice.
Powers of the French President
The importance given to the executive branch is shown by its place in the Constitution, where the articles regulating it are placed first, breaking the traditional order of legislative, executive, and judicial branches. This is also reflected in the number of powers the Constitution grants the President. Even before direct election, the President held significant decision-making powers, far from being a head of state with a purely symbolic role.
The change to direct election in 1962 granted the President a legitimacy as democratic as that of the National Assembly. This change meant that powers previously exercised without explicit constitutional reference now required one, while powers that did not need endorsement became even more effective.
Constitutional Role and Arbitration
According to Article 5, the President ensures compliance with the Constitution. Through their arbitration, they ensure the regular functioning of public authorities and the continuity of the state. They guarantee national independence, territorial integrity, and respect for treaties.
The term “arbitrator” can be interpreted in two ways: one who oversees compliance with rules without being involved, or one who acts as a referee capable of independent action. French Presidents have historically been actively involved in matters of interest to them.
Ensuring Respect for the Constitution
While the Constitutional Council is the primary interpreter of the Constitution, the President has an obligation to ensure respect for its provisions, particularly in matters not explicitly assigned to other bodies or when there is no consensus among them. The President’s role is to uphold the Constitution, often in light of the Council’s rulings.
Specific Presidential Powers (Pouvoirs Propres)
Certain powers are considered pouvoirs propres, meaning they can be exercised without the counter-signature or endorsement of another institution:
- Appointment of the Prime Minister: While the President must appoint a Prime Minister capable of commanding a parliamentary majority, they have considerable scope for intervention, especially when no clear majority exists.
- Dissolving the National Assembly: The President has the right to dissolve the National Assembly, although this cannot be done within one year following a general election. Dissolutions have implicitly become a way to seek a renewed mandate from the electorate on key political issues.