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DISSERTATION IRRESPONSABILITÉ DU PRÉSIDENT

Thus, the motion of confidence is an arm at the disposition of the government alone. 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. During his press conference on 31 January , General de Gaulle returned to the topic of the functioning of the institutions. By using this site, you agree to the Terms of Use and Privacy Policy. As for the reluctant coalition partner, it may vote to support the motion while expressing reservations and criticisms. 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.

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. Two other elements are subject to discussion but are of much less consequence: This possibility, even unused, of the National Assembly to bring down the government has a deep impact on the workings of the institutions. It sets out the political responsibility of the government the executive power before the parliament legislative power. Webarchive template wayback links All articles with dead external links Articles with dead external links from October Articles with permanently dead external links Articles with French-language external links Articles in translation.

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 agreement of the Cabinet. The censure was passed only once under the Fifth Republic, during the 4 October meeting in reality on the morning of 5 October.

Archived from the original on 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. 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 the prime minister and the Cabinet remains theoretical.

The Constitutional Law adopted on 21 July amended article 49 of the Constitution. Article 20 makes clear, by referring to articles 49 and 50, that the president is responsible before the parliament, but the constitution does not attach conditions to any of his powers regarding his “commitment of responsibility”, and even when it is required, no deadline is fixed to limit the obligation, which in reality is comes down to a moral decision.

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

dissertation irresponsabilité du président

The Fifth Republic provides for a much more powerful weapon with the paragraph 3 see below. 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” Prime Minister Jacques Chaban-Delmas requested and received the confidence of the assembly on 24 Maywhile 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.

Description du pouvoir législatif et exécutif – Cours de droit

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

All these elements have irresponsablité no confidence votes by parliamentarians. President Georges Pompidou had given his agreement to this commitment, noting that it was présodent prime minister’s prerogative. Certain prime ministers have used the expression “declaration of general policy” while they were speaking for the first time before the assembly.

Voting on the motion can assure MPs worried about the unpopularity of their party irrssponsabilité there is a clear victory in the National Assembly. This situation disappeared after the legislative elections of The motion was clearly directed against the President of the Republic.

Article 49 of the French Constitution – Wikipedia

The practice was renewed in and afterwards was followed sporadically. Also, the relationship between the ministry and the parliament, such as they are governed by the Constitution, call for a motion of no confidence only under vu that give this break an extraordinary seriousness.

dissertation irresponsabilité du président

Experience has led, moreover, to provide a somewhat unique disposition to ensure, despite the maneuvers, the vote on an essential bill. To date, censure has passed only once. A vote of no confidence censure is a means for the National Assembly, on its own initiative, to force the government to resign.

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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. The strength is due to two other irrresponsabilité. The text mentions the requirement of deliberation in the Cabinet, and the doctrine was questioned to find out if the term implied the agreement of the Cabinet or simply discussion, which would in that case leave the decision to the prime minister alone.

dissertation irresponsabilité du président

The vote took place during the first legislature of the Fifth Republic, and put an ends to it. The motion of confidence can also help the government in its relations with its majority in parliament. The interruption of this practice persisted after the parliamentary dissolution of May even when the governments had found a crushing and disciplined majority in the parliament, showing that the practice is considered as optional some commitments of responsibility did occur, but not immediately after the nomination of the governments.

His reading gave the president irresponsabilité the republic a primacy that goes well beyond the letter of the constitution, but which is often consistent with the practice. 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 89 which requires the consent of parliament.

Description du pouvoir législatif et exécutif

Lastly, the approval of the motion by the assembly does not strengthen the ability of the prime minister to stand-up to the president of the republic. Ces deux causes ont disparu.

Archived from the original PDF on September 30, Lastly, there is the distinction between a “program” and a “declaration of general policy”. Section 49 was mentioned in a brief passage that exposed its spirit and motivations:.

Conversely, centrist parties, popular and independent Republicans are defeated at the benefit of the UNR, which monopolized the rightist votes.