French President, legislative majority, Prime Minister, cohabitation, constitutional role, head of state, executive power, Vème Republic, constitutional provisions
Reader
Abstract
Extract
of 9
Abstract
The document discusses the role and powers of the French President, particularly in relation to the legislative majority and the Prime Minister.
Extract
[...] The President is then the true head of government in the full sense of the word. Exceeding the role of an arbitrator19, The President is an engaged actor in political life who decides and orients the action of ministers in accordance with constitutional prescriptions; counting on his legislative majority for this. It is he who appoints the Prime Minister in a discretionary manner, as well as the rest of the ministerial team20. In any case, his influence is always great in these designations. [...]
[...] In other words, what is the real influence of the President of the Republic? If the French President's preeminence is real in the presence of an absolute legislative majority it remains precarious outside of this hypothesis (II). I. The President's preeminence in the case of an absolute legislative majority In accordance with his constitutional role, the President of the Republic, elected by the people, is first and foremost the head of state He is also, by virtue of the numerous attributions he holds, the head of the executive who decides and governs A. [...]
[...] However, the political composition of the Assembly actually limits the presidential choice because it must necessarily take it into account. His latitude will therefore depend on the political coloring of Parliament. An Assembly fragmented into several political sensitivities or, on the contrary, dominated by one of them will not produce the same effects. In 1988, the appointment of Michel Rocard by Mitterrand was due to the relative socialist majority. The President's room for maneuver is further reduced in the case of a fragile majority when it comes to the designation of ministers. Negotiation is then paramount but constrained. [...]
[...] He does not hesitate to convene more and more extraordinary sessions in order to allow the government to implement its political roadmap. This activism consequently imposes the agenda on the assemblies. On the basis of Article 89 of the Constitution, he can also initiate a reform that he will pilot remotely, especially since he has the monopoly on approval22. The President's command is also manifest in the field of defense, where he is the head of the armed forces and diplomacy. If some have been able to speak in this regard of 'reserved domain', the presidential practice has quickly denied it. [...]
[...] However, the President's withdrawal has never consisted of a complete erasure as it was for the Presidents of previous republics. In fact, despite his lost command, he has worn the costume of opponent to the government, even of leader of the opposition, of counterpower, representing the minority parliamentary group. If in practice no President has really claimed this label, perhaps because such a posture is not in line with the constitutional status of Head of State, Jacques Chirac has nonetheless recognized it32. [...]
