France's Constitution: Easy To Mend?

France's current constitution, often referred to as the Constitution of the Fifth Republic, was adopted on 4 October 1958 and has been amended 24 or 25 times, most recently in 2008. Amendments are initiated by the President of France on a proposal by the French Prime Minister and members of the French Parliament. The proposed revision must be passed by both houses with identical terms and is then approved by referendum or by a three-fifths majority in Parliament. The French constitution has been criticised for being too easy to amend, with hundreds of constitutional bills proposed since 2002.

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Amendments proposed by the President of France

The French Constitution has been revised twenty-five times since 1958. Amendments are initiated by the President of France, following a proposal by the Prime Minister and members of the French Parliament. The President can also be involved in the final stage of the amendment process, as the revision can be approved by referendum or by a three-fifths supermajority of the French Congress, a joint session of both houses of Parliament, with presidential consent.

The President of France has been involved in several notable amendments to the Constitution. For example, in 1962, Charles de Gaulle proposed that the President be elected by direct suffrage. He bypassed the amendment procedure by directly sending a constitutional amendment to referendum (article 11). The referendum was highly controversial, but it passed with 62% of the vote. This amendment allowed for the establishment of a popularly elected presidency, which would have otherwise been vetoed by Parliament.

In 2000, the Constitution was amended to shorten the President's term of office from seven years to five, to coincide with the term of Parliament. This was done to avoid "cohabitation", where the President and the parliamentary majority are from opposing parties, leading to a hostile dynamic. This amendment was passed with 73% of the vote and took effect on October 2, 2000.

In 2008, Parliament passed constitutional reforms championed by President Nicolas Sarkozy by a margin of two votes. These reforms introduced a consecutive two-term limit for the presidency, gave Parliament a veto over some presidential appointments, ended government control over Parliament's committee system, allowed the President to address Parliament in session, and ended the President's right of collective pardon.

In 2018, the French Prime Minister submitted a bill to the National Assembly, aiming to amend several provisions of the Constitution. This bill included a proposal to eliminate the Cour de justice de la république (Court of Justice of the Republic), which was created in 1993 to try government cabinet members for criminal offenses committed during their time in office.

Additionally, in March 2024, Parliament amended Article 34, guaranteeing the right to abortion and describing abortion as a "guaranteed freedom". This amendment made France the only nation with such explicit legislation.

Amendments proposed by the Prime Minister

The process of amending France's constitution begins with the President of France, who initiates constitutional revisions based on proposals by the Prime Minister and members of the French Parliament.

On May 9, 2018, the French Prime Minister submitted a bill to the National Assembly, aiming to amend several provisions of the Constitution. This bill, known as the "Constitutional Bill for a More Representative, Responsible, and Efficient Democracy", addressed a wide range of constitutional issues. One of the key proposals was the elimination of the "Cour de justice de la republique" or the Court of Justice of the Republic, which was responsible for trying government cabinet members for criminal offenses committed during their tenure.

Another significant amendment proposed by the Prime Minister relates to Corsica. The constitutional bill seeks to grant Corsica the status of "collectivités à statut particulier" (Special Status Community), bestowing a degree of autonomy upon the island. Additionally, the bill intends to enhance the autonomy of French overseas regions and départements by empowering them to request the authority to legislate on specific matters.

The Prime Minister's bill also includes provisions to streamline the legislative process and reduce potential conflicts between the two chambers of Parliament (the National Assembly and the Senate). It aims to prevent members from submitting amendments that do not substantially alter or directly relate to the subject matter of the bill.

Furthermore, the French Constitution has been revised to align with various treaties. For instance, the Maastricht Treaty, ratified in 1992, and the Amsterdam Treaty, ratified in 1999, led to amendments concerning the Treaty on European Union and related acts. The Treaty establishing a Constitution for Europe was not ratified by France in 2005, resulting in amendments to Article 3 of the Constitution Act. The Treaty of Lisbon, ratified in 2008, also brought about amendments to align with the Treaty on European Union and other related treaties.

Amendments proposed by Parliament members

The process of amending France's constitution begins with a proposal from the French Prime Minister and members of the French Parliament. Amendments proposed by Parliament members can originate from either the Government (projet de loi) or a member of Parliament (proposition de loi). Certain laws must come from the Government, including financial regulations.

In the case of ordinary proposition laws, the text must first be reviewed by a permanent parliamentary commission or a designated special commission. During the discussion in the commission or in plenary sessions in the assembly, the Government and Parliament can add, modify, or delete articles from the proposal, thus amending the text. It is important to note that amendments proposed by parliamentarians cannot mobilise further public funding.

The National Assembly, the lower house of the French Parliament, plays a crucial role in the amendment process. The National Assembly's legislators, known as députés or deputies, number 577, and they are elected by a single-member constituency. While the Government used to set the priorities of the agenda for the Assembly's sessions, this was amended in 2008. Under the amended Constitution, the Government sets the priorities for two weeks in a month, with the Assembly having control over the agenda for the remaining two weeks. This allows for greater flexibility and ensures that bills proposed by Parliament members receive due consideration.

Once a proposal is made, it passes through the National Assembly and the Senate, the upper house of Parliament. The two chambers examine the proposal succinctly, working towards having identical texts. If the proposal fails to gain approval from both chambers, the Government can request the National Assembly to rule a final judgement, taking into consideration any amendments proposed by the Senate.

In some cases, the President of the Republic may decide to submit the proposed revision directly to Parliament, convened in Congress. For the revision to be approved, it must receive a three-fifths majority of the votes cast. This process bypasses the need for a referendum, streamlining the amendment process.

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Amendments approved by referendum

The French Constitution of the Fifth Republic has been revised 25 times since 1958. Amendments to the French Constitution are initiated by the President of France, on the proposal of the French Prime Minister and members of the French Parliament. The proposed revision must be passed by both houses, with identical terms, and is then approved by referendum. However, if the President of the Republic decides to submit the proposed revision to Parliament, convened in Congress, the referendum is bypassed and the revision is approved with a three-fifths majority of the votes cast.

The first constitutional amendment submitted to referendum, pursuant to section 89 of the Constitution, was the bill of 2000, which limited the term of French presidents to five years. The proposal was approved by 73.2% of voters, with a 30.2% turnout. The amendment was not applied to the president at the time, Jacques Chirac, who had been elected in 1995 for a seven-year term.

In 2005, the Constitution was amended to include the Charter for the Environment, initiated by President Jacques Chirac. This amendment was not submitted to a referendum.

On 21 July 2008, Parliament adopted a constitutional amendment that amended 47 articles of the Constitution. This amendment passed with 539 votes in favour, just one vote over the threshold. One of the articles amended was Article 34, which guaranteed the right to abortion, making France the only nation to explicitly guarantee this right in its Constitution.

On 9 May 2018, the French Prime Minister submitted a bill to the National Assembly, aiming to amend several provisions of the Constitution. This bill addressed a wide range of constitutional issues, including the elimination of the Cour de justice de la république, which was created in 1993 to try government cabinet members for criminal offences committed during their time in office.

Citizens can trigger a referendum for a proposal of constitutional revision without involving representatives if they gather 700,000 signatures.

Amendments to comply with international treaties

The French Constitution has been amended several times to comply with international treaties. Amendments are initiated by the President of France on a proposal by the French Prime Minister and members of the French Parliament. The Maastricht Treaty, for instance, was ratified in 1992, with the Constitutional Law of 25 June 1992 adding articles 88-1 to 88-4 to the Constitution. This amendment aimed to 'authorise the process of European integration and strengthen the control of the French Parliament over the activities of the European Union'.

The Constitutional Law of 25 November 1993, related to international agreements in the field of asylum, was another amendment that brought the French Constitution in line with the Schengen Agreement. The Amsterdam Treaty, which amended the Treaty on European Union, was ratified in 1999. This treaty addressed issues such as the free movement of people and asylum, immigration, and border control.

The French Constitution was also revised to comply with the Lisbon Treaty, which became effective on 1 December 2009. The Constitutional Law of 1 March 2005 had initially planned for similar provisions regarding the Treaty establishing a Constitution for Europe, but this was rejected in a referendum.

In addition to these amendments, the French Constitution has been revised to include the Charter for the Environment, initiated by President Jacques Chirac. This revision, which occurred in 2000, also limited the term of French presidents to five years. More recently, in 2018, the French Prime Minister submitted a bill to amend several provisions of the Constitution, aiming for a more representative, responsible, and efficient democracy.

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