Eleanor Finch
The Constitutional Council is the institution responsible for reviewing the constitutionality of French legislation. The council is made up of nine members, three each appointed by the President of the Republic, the President of the National Assembly, and the President of the Senate. The council's activity has considerably extended since the 1970s, when questions of justice for larger groups of people became pressing. The council's role of safeguarding fundamental rights was probably not originally intended by the drafters of the Constitution of the French Fifth Republic.
| Characteristics | Values |
|---|---|
| Number of members | 9 |
| Term length | 9 years |
| Appointed by | The President of the Republic, the President of the National Assembly, and the President of the Senate |
| Appointed for life | Former presidents of the Republic |
| Interim president | Oldest member |
| Vacancy | Appointed by the President of the Republic |
| Location | Palais Royal, France |
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What You'll Learn
Three members are appointed by the President of the Republic
The Constitutional Council is composed of nine members, excluding former Presidents of the Republic, who are allowed to sit on the council unless they become directly involved in politics again. Three of these 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 President of the Constitutional Council is selected by the President of the Republic for a term of nine years.
The council's role has expanded since the 1970s, when questions of justice for larger groups of people became more pressing. The Constitutional Council supervises the conduct of parliamentary and presidential elections, examines the constitutionality of laws, and ensures the legitimacy of referendums. It is the supreme authority in these matters and can declare an election invalid if it was improperly conducted, if the winning candidate used illegal methods, or if the candidate exceeded campaign spending limits.
The Constitutional Council is the highest authority in matters of constitutional law in France. It is composed of nine members, who are appointed for nine-year terms. The members are appointed by the President of the Republic and the presidents of each of the Houses of Parliament (National Assembly and Senate). 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.
The Constitutional Council is significantly different from the U.S. Supreme Court in terms of composition and appointment of members. The French Constitutional Council is composed of nine judges, who are appointed for nine-year terms. In contrast, justices of the U.S. Supreme Court are appointed for life. The appointment of members to the French Constitutional Council is staggered, with one-third of the members replaced every three years.
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Three members are appointed by the President of the National Assembly
The French Constitutional Council is composed of nine members, who are appointed for nine-year terms. Three members are nominated by the President of the National Assembly. The President of the Republic and the President of the Senate also appoint three members each. The President of the Constitutional Council is selected by the President of the Republic for a term of nine years.
The Constitutional Council's composition is governed by Article 56 of the French Constitution, which sets the minimum number of judges to nine. The council's role is to supervise the conduct of parliamentary and presidential elections, and it examines the constitutionality of organic laws. The council is also responsible for the safekeeping of fundamental rights, which was not originally intended by the drafters of the Constitution of the French Fifth Republic.
The council has been the subject of some controversy in the past. For example, in 2005, Valéry Giscard d'Estaing and Simone Veil campaigned for the proposed European Constitution, which was criticised by some as an evasion of prohibitions against appointed members of the council conducting partisan politics. In 2025, the appointment of council president Richard Ferrand by President Emmanuel Macron was also met with widespread criticism due to Ferrand's close relationship with the president and limited legal training.
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Three members are appointed by the President of the Senate
The Constitutional Council is composed of nine members, each appointed for nine-year terms. Three members are appointed by the President of the Senate. The President of the Senate is one of three officials who can appoint members to the council. The other two are the President of the Republic and the President of the National Assembly. The appointments made by these three officials are, however, subject to a parliamentary approval process. If greater than three-fifths of the members of either committee in the Senate and the National Assembly vote against confirming the appointee, then the appointee must be withdrawn.
The Constitutional Council interprets the Constitution and the laws and examines the constitutionality of laws before or after their promulgation. It is the only competent institution with the authority to nullify any vote by the National Assembly that is contrary to the principle of safeguarding the independence, sovereignty, territorial integrity, and that undermines the political unity or the administrative management of the nation. The council also rules on litigations related to the elections of the members of the National Assembly and Senators.
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Former Presidents of the Republic can be members
The inclusion of former presidents as members of the Constitutional Council is intended to leverage their experience and knowledge gained during their tenure as head of state. It is believed that their expertise in constitutional matters and state affairs can contribute to the Council's deliberations and decisions. This arrangement also provides a form of political continuity, ensuring that the insights and perspectives of past administrations are not entirely lost in the transition to new governments.
However, the eligibility of former presidents for membership on the Constitutional Council is not automatic. While they may be considered for appointment, it is not a guaranteed position. The process of selecting members of the Constitutional Council involves various nominating authorities, and the final appointment is made by the relevant authority as per specific guidelines. Thus, while former presidents may be considered, the decision to appoint them rests with the appointing body or individual.
The specific number of former presidents serving on the Constitutional Council can vary. The Council's composition may include a designated number of members, with some positions specifically allocated for appointment by certain authorities. Therefore, multiple former presidents may be accommodated as members, depending on the availability of positions and the discretion of the appointing authorities.
The appointment of former presidents to the Constitutional Council can have implications for how the institution functions and its role in the political landscape. On the one hand, the presence of former heads of state can bring a degree of prestige and legitimacy to the Council's decisions. Their insights and understanding of executive power can contribute to the interpretation and application of constitutional principles.
However, considerations regarding potential conflicts of interest or political biases associated with former presidents serving on the Constitutional Council are important to address. Ensuring the impartiality and independence of the Council's members, regardless of their previous affiliations, is crucial to maintaining the integrity of the institution. Measures are typically put in place to safeguard against undue influences. Ultimately, the inclusion of former presidents as members of the Constitutional Council represents a unique aspect of the constitutional framework in certain political systems.
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Members are appointed for nine-year terms
The French Constitutional Council is composed of nine members, each appointed for nine-year terms. The 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 nominated by the President of the Republic, three by the President of the National Assembly, and three by the President of the Senate.
The appointment of Council members is staggered, with one-third of the Council replaced every three years. This ensures that the Council remains independent and impartial. The Council's role is to supervise the conduct of parliamentary and presidential elections, examine the constitutionality of laws, and safeguard fundamental rights.
The Constitutional Council is the highest authority in matters of elections and can declare an election invalid if it is improperly conducted, if the winning candidate used illegal methods, or if campaign spending limits are exceeded. The Council also has the power to rule on litigations related to the elections of members of the National Assembly and the Senate, acting as a court in these cases.
The French Constitutional Council is significantly different from the U.S. Supreme Court in terms of composition and appointment processes. Members of the French Constitutional Council are appointed for nine-year terms and are not appointed for life, whereas justices of the U.S. Supreme Court are appointed for life.
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Frequently asked questions
The Constitutional Council members are appointed by the President of the Republic and the presidents of each of the Houses of Parliament (National Assembly and Senate).
The Constitutional Council is composed of nine members.
The members of the Constitutional Council serve for nine years.
Yes, former Presidents of the Republic can become members of the Constitutional Council, but they may not do so if they become directly involved in politics again.
Richard Ferrand has been serving as President of the Constitutional Council since 2025.
