Without it, the French constitution would clearly define a presidential system, albeit with strong powers endowed to the executive branch by the constitution. All these elements have reduced no confidence votes by parliamentarians. Chevallier, Carcassonne, Duhamel , p This parliamentary ritual gives the motion some formality, which will be widely commented on by the media. The first paragraph allows the prime minister to commit the responsibility of his government before the National Assembly by putting forward a motion of confidence.
The first paragraph allows the prime minister to commit the responsibility of his government before the National Assembly by putting forward a motion of confidence. The new text came into force on 1 March For even without a majority in the National Assembly, the president would still be able to nominate a government to suit himself and thus hold all theirs powers. Prime Minister Jacques Chaban-Delmas requested and received the confidence of the assembly on 24 May , while clearly reaffirming that the government took its legitimacy from the president of the republic, who may at any time put an end to its functions. Since the gouvernements of the Fifth Republic had always been strongly united and superior to those of prior coalitions’ gouvernements , the question of a possible disagreement between the prime minister and the Cabinet remains theoretical.
The gouvernements have always spoken of authorization or of the agreement of the Cabinet. The motion was passed easily, the Gaullist party UNR being the only major group not irresponabilité vote it. The circumstances of that vote are quite specific, it occurred at the end of the Algerian crisis, which affected the first years of the Fifth Republic, a kind of transitional phase in its history.
During his press conference on 31 JanuaryGeneral de Gaulle returned to the topic of the functioning of the institutions. The censure was passed only once under the Fifth Republic, during the 4 October meeting in reality on the morning of 5 October.
Description du pouvoir législatif et exécutif
He addressed, among other topics, the issue of the motion of no confidence:. The vote’s application and action by the parliament, in this regard, is an essential characteristic of any parliamentary system.
But in his first speech of general policy, he said on this topic that “the text does not say explicitly that he must do it, but the spirit of the Constitution is clear. But after the presidential election of DecemberPrime Minister Georges Pompidouwho became, once again, the head of a third government, waited for the opening of the common session of the parliament in April to present his program, making a simple declaration followed by a debate without a vote, and thus without a commitment of responsibility, although he had a solid parliamentary majority.
Voting on the motion can assure MPs worried about the unpopularity of their party if there is a clear victory in the National Assembly. It disappeared again between and when the socialist governments, whose support did not reach a majority in the parliament, no longer could resort to the vote of confidence except on a single specific occasion: The Fifth Republic provides for a much more powerful weapon with the paragraph 3 see below.
Description du pouvoir législatif et exécutif – Cours de droit
Archived from the original on The vote took place during the first legislature of the Fifth Republic, and préisdent an ends to it. Since the gouvernements of the Fifth Republic had always been strongly united and superior to those of prior coalitions’ gouvernementsthe question of a possible disagreement between irrrsponsabilité prime minister and the Cabinet remains theoretical.
Two other elements are subject to discussion but are of much less consequence: Then, cu stated that he wanted to create a precedent establishing the optional character of this commitment. This phrasing has the additional advantage of solidifying the optional interpretation of the commitment of responsibility, since the prime minister could hardly be required to commit the responsibility of the government and prevented from doing it without the irresponsabiltié of the Cabinet.
This article was originally translated from the French Wikipedia article, fr: So, there is still a Democratic way out. Quoted by Monin, p. Apart from the prime minister’s nomination, irresponsabiliré motion of confidence allows the government to deliver a new declaration on matters and events that may imposed themselves or on which the government wishes to give importance.
His reading gave the president of the republic a primacy that goes well beyond the letter of the constitution, but which is often consistent with the practice. Section 49 was mentioned in a brief passage that exposed its spirit and motivations:.
Deputies can use only the motion of no confidence, and this is surrounded by conditions which are disputed only by those who do not want to remember. De Gaulle took note of the resignation without formally accepting it, and requested the Government to remain in office, and announced the dissolution of the National Assembly on 9 October.
In this regard, these reluctant MPs will become more bound by their vote since the text of the motion focuses on specific points, rather than on their general support of the government’s policy, however, this does not prevent them from rejecting certain laws. The Constitutional Council remarked incidentally that article 49 “tends to confer irrssponsabilité analogous meaning”  to the two terms.
It is part of Title V: In that post lie the core of things and the great part of the changes made. The first paragraph allows the prime minister to commit the responsibility of his government before the National Assembly by putting forward a motion of confidence. The article allows the government to compel the majority if reluctant to adopt a text, and also to accelerate the dissettation process, and in particular to end any obstruction from the opposition.
In case of change of prime minister during the same session, the second will have this option even if the first has already used it. On the other hand, under the Fifth Republic, it no longer possible, as under the previous Republic or regimes, to attach motions of confidence to votes of law to force the assembly to vote on the dissertaation motion and the law.
In reality, the president appoints the government, but the government can be withdrawn only on presentation of the resignation of the prime minister.