Isabella Carter
The French Constitutional Council is composed of nine members, excluding former Presidents of the Republic, who are ex officio life members of the council. The nine members are appointed for nine-year non-renewable terms, with one-third of the council being replaced every three years. The President of the Republic, the President of the National Assembly, and the President of the Senate each appoint three members of the council. The appointments made by the presidents of each house are submitted for consultation to the relevant standing committee in that house.
| Characteristics | Values |
|---|---|
| Number of Members | 9 |
| Term Length | 9 years |
| Term Renewability | Non-renewable |
| Appointment | 3 members appointed by the President of the Republic, 3 by the President of the National Assembly, and 3 by the President of the Senate |
| Exceptions to Term Limits | Former presidents of the Republic have the right to sit on the council for life |
| Appointment Staggering | One-third of the council is replaced every three years |
| Appointment Approval | Parliamentary approval process since the 2008 constitutional revision |
| Role | Supervision of elections, both presidential and parliamentary, and ensuring the legitimacy of referendums |
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What You'll Learn
The Constitutional Council is made up of nine members, excluding former presidents
The Constitutional Council in France is composed of nine members, excluding former presidents of the Republic, who are ex officio life members of the council. The nine members are appointed for non-renewable terms of nine years each, with one-third of the council being replaced every three years. Three members are appointed by the President of the Republic, three by the President of the National Assembly, and three by the President of the Senate. The appointments are staggered to ensure the independence of the council members.
The Constitutional Council plays a crucial role in supervising parliamentary and presidential elections, as well as examining the constitutionality of organic laws. It can be sought for guidance on whether reform should fall under statute law or be considered as a regulation to be adopted with a decree of the prime minister. The council also has the power to review legislation under specific circumstances. For instance, it automatically reviews bills for lois organiques before they become law. These laws pertain to the organisation and functioning of the government, complementing the Constitution.
Additionally, the council can review bills for ordinary laws before they are enacted, but only if requested by specific officials or a group of 60 members of the National Assembly or Senate. The council's decisions are published in the Journal officiel of the French Republic, along with the relevant texts and observations from the government.
It is worth noting that former presidents of the Republic have the right to sit on the council for life. However, they may not do so if they become directly involved in politics again. For example, Nicolas Sarkozy sat on the council for about a year after his presidential term before resigning, while François Hollande renounced his right to sit on the council altogether.
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Members are appointed for nine-year terms
The French Constitutional Council is composed of nine members, excluding former Presidents of the Republic, who are ex officio life members of the council. The nine members are appointed for nine-year terms, with one-third of the council being replaced every three years. This means that three new members are appointed every three years.
The members are appointed by the President of the Republic and the presidents of each of the Houses of Parliament (National Assembly and Senate). Each of these officials appoints three members. The appointments made by the President of each House are submitted for consultation only to the relevant standing committee in that House.
The appointments are staggered to ensure that one-third of the council is replaced every three years. This helps to maintain the independence of the council and the stability of its rulings. The members' terms are also non-renewable, except when a member is nominated to replace another member who died before the end of their term. In this case, the replacement may finish the deceased member's term and then have a full term of their own.
The French Constitutional Council supervises the conduct of parliamentary and presidential elections and examines the constitutionality of organic laws. It also plays a role in the legislative process, as it can be called upon to review legislation before it is signed into law. The council can also extend time limits for polling, as seen in the case of presidential elections.
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These terms are non-renewable
The French Constitutional Council is composed of nine members, excluding former Presidents of the Republic, who are ex officio life members of the council. The nine members are appointed to non-renewable terms of nine years each. One-third of the membership is renewed every three years, with three members each appointed by the President of the Republic, the President of the National Assembly, and the President of the Senate.
The non-renewable terms of the nine members of the Constitutional Council help to ensure their independence. This means that once their term is complete, they cannot be reappointed, and new individuals are selected to take their place. This turnover of members helps to bring fresh perspectives and ideas to the council.
The exception to the nine-year term limit is for former presidents of the Republic, who have the right to sit on the council for life. This exception was likely included as a way to supplement the retirement income of former presidents, ensuring their financial comfort after leaving office. However, they may not take up this position if they become directly involved in politics again. For example, Nicolas Sarkozy, who was president from 2007 to 2012, sat on the council for about a year after his term before resigning in 2013. On the other hand, François Hollande, who was president from 2012 to 2017, chose to renounce his right to sit on the council.
The nine-year terms of the council members are staggered, so that one-third of the council is replaced every three years. This ensures continuity and stability within the council, as there is always a mix of experienced and newly appointed members. The council's decisions are published in the Journal Officiel of the French Republic, along with the text referred from Parliament and the observations of the Government.
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One-third of the council is replaced every three years
The French Constitutional Council is composed of nine members, excluding former Presidents of the Republic, who are ex officio life members of the council. The nine members are appointed for nine-year terms, and to ensure their independence, their terms are non-renewable. The appointment of these members is staggered, so that one-third of the council is replaced every three years.
The council's nine members are appointed by the President of the Republic and the presidents of each of the Houses of Parliament (National Assembly and Senate). Three members are appointed by each official.
The staggering of the appointments means that every three years, each of the three officials will appoint one member to the council. This ensures a regular influx of new members to the council, while also maintaining stability by having the majority of members remain in their positions.
The process of appointing members to the council has undergone changes over time. Before the 2008 constitutional reform, the President of the Republic, the President of the National Assembly, and the President of the Senate could directly appoint their choices to the council. However, the 2008 reform introduced a parliamentary approval process, where each nominee must be reviewed and voted on by a commission in the National Assembly and Senate. If a nominee receives a total of three-fifths of the votes against them from both commissions combined, they must be withdrawn.
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Former presidents are ex officio life members
The French Constitutional Council is composed of nine members, each serving a non-renewable term of nine years. However, former presidents of the Republic are granted the right to sit on the council for life, as ex officio life members. This means that there are currently ten members on the Constitutional Council.
The French Constitution of 1958 outlines the structure and responsibilities of the Constitutional Council, which acts as a check on legislative and executive power. The council is tasked with reviewing legislation, including bills for laws and statutes, to ensure conformity with the Constitution, the Declaration of the Rights of Man and of the Citizen, and the preamble of the constitution of the Fourth Republic.
The exception for former presidents was likely included as a way to supplement their retirement income, ensuring a comfortable life after leaving office. It may also have been a gesture of gratitude from General de Gaulle, the leading architect of the 1958 Constitution, towards President René Coty, the last president of the Fourth Republic.
Former presidents who choose to sit on the council must remain politically neutral and cannot actively engage in politics. For example, Nicolas Sarkozy, president from 2007 to 2012, served on the council for about a year before resigning in 2013. On the other hand, François Hollande, president from 2012 to 2017, chose to renounce his right to a seat on the council after his term ended.
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Frequently asked questions
Members of the French Constitutional Council serve for nine years.
No, the terms are not renewable.
One-third of the council, i.e., three members, are appointed every three years.
The President of the Republic, the President of the National Assembly, and the President of the Senate each appoint three members.
Yes, former Presidents of the Republic are life members of the French Constitutional Council.
