Rebalancing Executive and Legislative Powers: France's 2008 Constitutional Revision and its Departure from Gaullist Conception

Extract

[...] If the powers of Parliament have been restricted in favor of the executive by the Gaullist conception, the 2008 constitutional revision has allowed this to be modified in favor of a more symmetrical vision. The issue is therefore to know if France of the Fifth Republic, since this revision has known a real change or if the executive still occupies a really preponderant place. Thus, to what extent does the 2008 constitutional revision break free from the Gaullist conception of the constitution of the Fifth Republic? [...]

[...] On the other hand, even if the use of Article 49, paragraph 3 has been limited by the 2008 revision, we can observe that the government of Elisabeth Borne has used it twenty-three times. This shows that the government generally gets what it wants from the deputies. Although many criticisms from parliamentarians and especially from the opposition have been made, the government has not been overthrown and the censure motion has never been voted at the majority. The factual majority therefore puts the executive 'out of reach' of a rebalancing of the institutions. [...]

[...] This could not lead to any vote or debate. This was in line with the Gaullist conception of the Fifth Republic, as the President is the head of the executive without responsibility. The President of the Republic can, since 2008, address the Parliament in congress. This can lead to a debate after it has left the room, but there can be no vote afterwards. This modification aimed to limit the President's powers by imposing a duty of transparency on him. However, this has had the opposite effect. [...]

[...] « La revision of 2008 challenges the Gaullist conception of the Fifth Republic? « Since 1958, the institutional balance of our country has never ceased to tilt increasingly in favor of the executive, starting with the President of the Republic. ( . ) It was therefore necessary to proceed with the rebalancing of our institutions. Thus, Mr. Nicolas Sarkozy, the President of the Republic, declares, during the ceremony of sealing the constitutional law of July the importance of significantly modifying the institutional balance established by the Constitution of the Fifth Republic, written by Michel Debré1. [...]

[...] When a negative opinion is issued by a majority of three-fifths of the votes cast by the commissions, the President of the Republic cannot proceed with these appointments. In addition, other rights are limited, in fact, the use of exceptional powers (Article 16 of the Constitution), which allow him to exercise full powers in the event of a national emergency, are limited to 30 days. Thus, many provisions are modified in order to try to limit the powers of the President of the Republic. The government is also limited in its actions. [...]