1.
Constitution of France
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The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then the constitution has been amended twenty-four times, most recently in 2008 and it provides for the election of the President and the Parliament, the selection of the Government, and the powers of each and the relations between them. It ensures judicial authority and creates a High Court, a Constitutional Council, and it was designed to create a politically strong President. It enables the ratification of treaties and those associated with the European Union. It is unclear whether the wording is compatible with European Union law, the Constitution also sets out methods for its own amendment either by referendum or through a Parliamentary process with Presidential consent. However, president Charles de Gaulle bypassed the legislative procedure in 1962 and directly sent an amendment to a referendum. This was highly controversial at the time, however, the Constitutional Council ruled that since a referendum expressed the will of the sovereign people, on 21 July 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. Prior to 1971, though executive, administrative and judicial decisions had to comply with the principles of law. It was assumed that unelected judges and other appointees should not be able to overrule laws voted for by the directly elected French parliament, in practice, the political opposition sends all controversial laws before it. The Constitution defines in Article 89 the rules for amending itself, first, a constitutional bill must be approved by both houses of Parliament. Then, the bill must be approved by the Congress, a joint session of both houses, alternatively, the bill can be submitted to a referendum. This permitted the establishment of an elected presidency, that would otherwise have been vetoed by the Parliament. Article 11 was used for changes for the second and last time in 1969. France has had numerous past constitutions, the ancien régime was an absolute monarchy and lacked a formal constitution, the régime essentially relied on custom. Journal Officiel de la République Française, 9151–9173, lélaboration de la Constitution de la Ve République. Frédéric Monera, Lidée de République et la jurisprudence du Conseil constitutionnel – Paris, martin A. Rogoff, French Constitutional Law, Cases and Materials – Durham, North Carolina, Carolina Academic Press,2010. Texte intégral de la Constitution du 4 octobre 1958 en vigueur, Constitutional council of the French Republic
2.
National Assembly (France)
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The National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate, the National Assemblys members are known as députés. There are 577 députés, each elected by a constituency through a two-round voting system. Thus,289 seats are required for a majority, the assembly is presided over by a president, normally from the largest party represented, assisted by vice-presidents from across the represented political spectrum. The term of the National Assembly is five years, however and it is guarded by Republican Guards. The Constitution of the French Fifth Republic greatly increased the power of the executive at the expense of Parliament, the President of the Republic can decide to dissolve the National Assembly and call for new legislative elections. This is meant as a way to resolve stalemates where the Assembly cannot decide on a political direction. The National Assembly can overthrow the government by a vote of no confidence. For this reason, the minister and his cabinet are necessarily from the dominant party or coalition in the assembly. The Government used to set the priorities of the agenda for the Assemblys sessions and this, however, was amended on 23 July 2008. Under the amended constitution, the Government sets the priorities for two weeks in a month, another week is designated for the Assemblys control prerogatives. And the fourth one is set by the Assembly, also, one day per month is set by a minority or opposition group. Members of the assembly can ask written or oral questions to ministers, the Wednesday afternoon 3 p. m. session of questions to the Government is broadcast live on television. Like Prime Ministers Questions in Britain, it is largely a show for the viewers, with members of the majority asking flattering questions, while the opposition tries to embarrass the government. Since 1988, the 577 deputies are elected by universal suffrage with a two-round system by constituency, for a five-year mandate. The constituencies each have approximately 100,000 inhabitants, however, districts were not redrawn between 1982 and 2009. As a result of population movements over that period, there were inequalities between the less populous rural districts and the urban districts, the constituencies were redrawn in 2009, but this redistribution was controversial. Among other controversial measures, it created eleven constituencies and seats for French residents overseas, albeit without increasing the overall number of seats beyond 577
3.
Senate (France)
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The Senate is the upper house of the Parliament of France, presided over by a president. Indirectly elected by elected officials, it represents territorial collectivities of the Republic, the Senate enjoys less prominence than the lower house, the directly elected National Assembly, debates in the Senate tend to be less tense and generally receive less media coverage. Frances first experience with a house was under the Directory from 1795 to 1799. With the Restoration in 1814, a new Chamber of Peers was created, at first it contained hereditary peers, but following the July Revolution of 1830, it became a body to which one was appointed for life. The Second Republic returned to a system after 1848, but soon after the establishment of the Second French Empire in 1852. In the Fourth Republic, the Senate was replaced by the Council of the Republic, with the new constitution of the Fifth Republic enforced on 4 October 1958, the older name of Senate was restored. In 2011, the Socialist Party won control of the French Senate for the first time since the foundation of the French Fifth Republic, in 2014, the centre-right Gaullists and its allies won back the control of the Senate. Until September 2004, the Senate had 321 senators, each elected to a nine-year term and that month, the term was reduced to six years, while the number of senators progressively increased to 348 in 2011, in order to reflect the countrys population growth. Senators were elected in every three years, this was also changed to one-half of their number every three years. Senators are elected indirectly by approximately 150,000 officials, including regional councilors, department councilors, mayors, city councilors in large towns, however, 90% of the electors are delegates appointed by councilors. This system introduces a bias in the composition of the Senate favoring rural areas, the Senate has also been accused of being a refuge for politicians that have lost their seats in the National Assembly. The senators elect a President from among their members, the current incumbent is Gérard Larcher. This happened twice for Alain Poher—once at the resignation of Charles de Gaulle, under the Constitution, the Senate has nearly the same powers as the National Assembly. Bills may be submitted by the administration or by either house of Parliament, because both houses may amend the bill, it may take several readings to reach an agreement between the National Assembly and the Senate. This does not happen frequently, usually the two eventually agree on the bill, or the administration decides to withdraw it. The power to pass a vote of censure, or vote of no confidence, is limited, as was the case in the Fourth Republics constitution, new cabinets do not have to receive a vote of confidence. Also, a vote of censure can occur only after 10 percent of the sign a petition, if rejected. If the petition gets the support, a vote of censure must gain an absolute majority of all members
4.
Taxation in France
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See Government of France for a wider perspective of French government. Taxation in France is determined by the budget vote by the French Parliament, which determines which kinds of taxes can be levied. In France, taxes are levied by the government, and collected by the public administrations, French public administrations are made up of three different institutions, the central government, i. e. the national government or the state strictly speaking, plus various central government bodies. It collects most of the taxes and they collect many taxes, but their weight is rather limited compared to that of central government. Social security association, private organizations endowed with a mission of public service and their budget is made up of all mandatory social security funds and the agencies financed by such funds. They are mostly financed by contributions, collected for the sole purpose of social welfare. Taxes in France are made up of taxes in the meaning of the word. Most of the taxes are collected by the government and the local collectivities, Taxes and contributions together are called in French prélèvements obligatoires. People having their tax residence in France are subject to French tax, any one of these criteria is sufficient for a person to be treated as taxable. Despite a downward trend registered since 1999, the tax burden in 2007 remains at a high level, OECD countries have experienced an increase in the tax burden since the mid-1960s comparable to that of France, rising from 25% of the GDP in 1965 to 36% in 2005. That of the countries of the European Union has increased by nearly 12 percentage points of GDP over the period. Efforts to control the increase in the tax burden have been made by the states of the OECD and this is why France continues to be among the OECD countries whose tax rate is the highest. Taxes account for 45% of GDP against 37% on average in OECD countries, the overall rate of social security and tax on the average wage in 2005 was 71. 3% of gross salary, the highest of the OECD. The levels of social security contributions are particularly high, the social security budgets are larger than the budget of the national government. The budgets of both the government and of social security organizations run deficits. There are many taxes in France and they can be classified according to the institution which collects and benefit from them and to the people who pay them. As for tariffs, they are different from taxes because of their strictly economic aspect, finally, although they are compulsory, social security contributions are not taxes as they are collected for one purpose – social protection – and as the taxpayers might benefit from these expenses. Some other taxes, based on income, are allocated to social agencies
