LawState and Law

Election of the President of France. The norms of the Constitution

On April 23, 2017, the next presidential election will be held. According to what system? This will be discussed in the article.

The legal status of the French president

Just like in the Russian Federation, the president in France is the head of state. It is elected by secret, universal and direct voting. The presidential term of office is exactly five years.

According to the fifth article of the Constitution, the president is obliged to monitor the functioning of all public authorities (while in the French state the type of a mixed republic is established). The head of state acts as a guarantor of independence, integrity and international treaties.

According to the ninth article of the Constitution, the French president must preside over the Council of Ministers (Government). According to other articles, the head of state is the head of the armed forces, has the right to pardon, signs ordinances, etc.

It is worth noting that the post of the French president is very similar to the Russian one (if we consider the status and authority). And what about the presidential elections in France?

Voters and elected

An active system of suffrage has been established in the French state. Any citizen who has reached the age of 18, as well as persons who have no restrictions in political and civil rights, are able to vote. It is worth noting and one more mandatory condition for voting: the inclusion of citizens in the voters list.

And who can be the candidate for the presidential elections in France? This is any person who has political rights, and has reached the age of 23 (by the way, in Russia it is necessary to reach the age of 35 years). To be able to be elected, a French citizen must secure the support of at least 500 electors (members of Parliament, mayors, advisers, etc.). At the same time, elected officials must represent at least 30 departments.

Election system

The system of the franchise of the French Republic secures the majority system of elections, which takes place in two rounds. In the first round, a person who won an absolute majority of votes wins. If there is no such person, two leading candidates are immediately passed to the second round. Accordingly, the results of elections are determined by the largest number of votes for any person.

The election of the President of France is announced by the Government. The question of when exactly they are announced is most likely understandable: when the president's five-year term expires, or when the head of state dies or resigns. Until the inauguration of the new president has passed, the chairman of the Senate fulfills the duties of the head of state (however he is prohibited from dissolving the National Assembly, amending the Constitution or appointing a referendum).

Displacement of the President

It is necessary to tell about what can precede the election of the French president. It's about the procedure for dismissing the head of state from office. Naturally, to start a similar procedure, you need very serious reasons. As a rule, this is a poor quality performance by the president of his duties, committing a crime, conflicts with other authorities, etc.

Article 68 of the French Constitution regulates the removal of the head of state from his post at his voluntary request. Such a decision of the president should be approved by the High Chamber of Justice. Who can issue an initiative on the removal of the head of state from office? By law, this should be one of the chambers of Parliament. At the same time, her initiative should be supported by another chamber. All this procedure can be interpreted as impeachment.

Does the French president have special immunity? It is worth discussing this further.

Presidential immunity

The article 67 of the French Constitution speaks of the immunity of the head of state. So, the ex-president of France is officially released from any responsibility for any acts committed by him as head of state. However, here it is worth highlighting one really important point: this immunity does not last long - just one month after the termination of presidential powers.

The current president has a certain immunity. So, it can not be summoned to the following state bodies and structures:

  • The French court;
  • The French organs of administrative justice;
  • The investigative committee, the bodies of inquiry, prosecution, etc.

The President can not be the object of the claim, the witness and the person collecting the information. However, no head of state can resist an international criminal court. In particular, articles 532 and 68 of the Constitution of France refer to the same.

Personal powers of the president

The question of the election of the French president can not be considered without addressing the most basic points. So, be sure to talk about the powers of the French head of state. They are spelled out in the fifth article of the French Constitution. The following groups of personal presidential powers can be distinguished:

  • Functions of the head of state as an arbitrator and guarantor. This includes the appointment of a referendum, the adoption or abandonment of an ordinance, the appointment of members of the Constitutional Council, and the independence of the judiciary.
  • Functions on interaction with various state bodies: the Government, Parliament, the Council of Ministers.
  • Functions related to overcoming the crisis. This includes all the extraordinary powers of the head of state: the introduction of a military or emergency situation, foreign policy issues and so on.

About inauguration ceremony

Above, the main points concerning the election of the French president have already been indicated. It was told about the status of the head of state, about his powers. And what can you say about such an important procedure as the inauguration?

After the results of the election were announced, preparations for the ceremony begin. In fact, it's a whole ritual: thought out and calculated to trifles. So, the former president of France (if the newly elected head of state is a new person) meets the new on the steps of the presidential residence. After that, both persons are secluded. The new head of state receives codes from nuclear weapons, as well as all the necessary documents. After that, the head of the Constitutional Court announces who ran for the presidency of France (the list of candidates), and who won. As a rule, the whole ceremony ends with the laying of wreaths on the Heroes' Square.

Elections of 2017

The next presidential elections in the Fifth French Republic are scheduled for April 23. Who is running for the presidency of France? The list of the main current candidates is as follows:

  • From the party of the Republicans is Francois Fillon;
  • From the party called "Forward!", Stands Macron Emanuel;
  • Marin Le Pen represents the "National Front";
  • Benoit Amon from the Socialist Party;
  • Jean Luc Melanshon from the party, which has the thunderous name "Unruly France".

It is worth noting that Francois Hollande, representative of the Socialist Party, as well as the president from 2012 to 2017, refused to participate in the elections again. The poll shows that most of the French would have given their vote to Fillon or Le Pen.

And who is listed as the very first president of France?

They were the Emperor Napoleon III, who reigned from 1848 to 1870. Now you know all about how the elections are held in France, and what are the powers of the president of this country.

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