Lastly, there is the distinction between a “program” and a “declaration of general policy”. Certain prime ministers have used the expression “declaration of general policy” while they were speaking for the first time before the assembly. The Fifth Republic provides for a much more powerful weapon with the paragraph 3 see below. During his press conference on 31 January , General de Gaulle returned to the topic of the functioning of the institutions. The universal suffrage elections were to change the balance of powers, and would turn the election of the President of the Republic into a plebiscite, reviving the painful memory of Louis-Napoleon Bonaparte and General Boulanger. The new text came into force on 1 March President Georges Pompidou had given his agreement to this commitment, noting that it was the prime minister’s prerogative.

With this last vote, the left recovered from the elections in which there had been no alliance between socialists and communists. President Georges Pompidou had given his agreement to this commitment, noting that it was the prime minister’s prerogative. Pompidou’s new government was appointed after the elections. The word engage to commit, or to “make [something] an issue” in Section For example, the Constitution of Italy states that “The government has to appear before each chamber no later than ten days after its appointment to get a vote of confidence”

The article, which comprises four paragraphs, is designed to prevent ministerial crises like those that occurred in France under the Fourth Republic.

The strength is due to two other factors. In this extreme case, the president, who has the responsibility to ensure the continuity of the state, also has the means to do so, because he may resort to the nation to make it the judge dissrtation the dispute via new elections, or a referendum, or both.

Article 49 of the French Constitution

According to a report by the National Assembly, [3] section 3 may be implemented both during a regular session or a special session. Lastly, there is the distinction between a “program” and a “declaration of general policy”.

De Gaulle was irresponsahilité on 5 October and received on 6 October Pompidou announcing his resignation, as Article 50 forces him to do.

dissertation irresponsabilité du président

Pompidou’s new government was appointed after the elections. The new arrangement is more efficient, in that the legislators will prefer not to vote to force the resignation of the government even if they oppose the law in question, because they fear a form of political suicide in the eyes of the voters. The simple language and the grammar [ Conversely, centrist parties, popular and independent Republicans are defeated at the benefit of the UNR, which monopolized the rightist votes.


Quoted by Monin, p. The speech is a mark of courtesy and deference to parliament. Apart from the prime minister’s nomination, the 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. In reality, the president appoints the government, but the government can be withdrawn only on presentation of the resignation of the prime minister.

The motion was passed easily, the Gaullist party UNR being the only major group not to vote it.

The article allows the government to compel the majority if reluctant to adopt a text, and also to accelerate the legislative process, and in particular to end any obstruction from the opposition. 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.

On the other hand, the Fifth Republic has been characterized by the appearance of stable political parties and reliable disxertation coalitions able to effectively dissertatkon the government. They did this, however, always emphasizing that they proceeded from the president of the Republic and not the parliament, and that it was not an investiture.

Description du pouvoir législatif et exécutif – Cours de droit

By using this site, you agree to the Terms of Use and Privacy Policy. Since the gouvernements of the Fifth Republic dh always been strongly united and superior to those of prior coalitions’ gouvernementsthe question of a possible disagreement between the prime minister and the Cabinet remains theoretical.

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 combined motion and the law.


In the constitution, the government’s irres;onsabilité is framed by devices that allow it to streamline the parliamentarian system to promote stability of government. In addition, it may be used on several successive readings of the same text. The practice was renewed irresopnsabilité and afterwards was followed sporadically. One category of government did, however, systematically require the confidence of, and almost investiture by, irresponsabiité Assembly upon coming into office: In contrast to article 10 which fixes a period of fifteen days for the promulgation of laws, unanimously considered as an obligation of the president, article 13 does not set a deadline.

Article 49 of the French Constitution – Wikipedia

But in his first speech of disssrtation 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. The Constitutional Law adopted on 21 July amended article 49 of the Constitution.

dissertation irresponsabilité du président

This situation disappeared after the legislative elections of This is one of the most known clauses of the Constitution, often cited as a mere number, “article As stated in article 50, a negative vote with a simple majority, in contrast to the two following paragraphs, which protect the executive to a greater extent leads to a resignation of the government.

Those derive politically, if not legally, from the Assembly rather than from the President and must have its support; the regime thus functions in a more clearly parliamentary fashion. The Constitutional Council remarked incidentally that article 49 “tends to confer an analogous meaning” [13] to the two terms.

dissertation irresponsabilité du président

In practice it is viewed as optional, and the presidential post retains a clear supremacy. However it was the procedure which was under attack, because De Gaulle choose to revise the constitution with the Article 11 and not with the Article prédident which requires the consent of parliament.