When the creation of a special-status territorial community or modification of its organisation are contemplated, a decision may be taken by statute to consult the voters registered in the relevant communities. When acting in that capacity, it shall be presided over by the first president of the Court of Cassation. These units shall be self-governing through elected councils and in the manner provided by statute. Any draft resolution, whose adoption or rejection would be considered by the Government as an issue of confidence, or which contained an injunction to the Government, shall be inadmissible and may not be included on the agenda. They shall address either assembly whenever they so request. However, at the request of the Government, if the matter is urgent, this period shall be reduced to eight days. A general election shall take place no fewer than twenty days and no more than forty days after the dissolution. The Defender of Rights shall be appointed by the President of the Republic for a six-year, non-renewable term, after the application of the procedure provided for in the last paragraph of article 13. They may receive all or part of the proceeds of taxes of all kinds. Conseillers d'État, the Grand Chancelier de la Légion d'Honneur, Ambassadors and Envoys Extraordinary, Conseillers Maitres of the Cour des Comptes, Prefects, State representatives in the overseas communities to which article 74 applies and in New Caledonia, highest-ranking Military Officers, Recteurs des Académies and Directors of Central Government Departments shall be appointed in the Council of Ministers. This initiative shall take the form of a Private Members' Bill and may not be applied to the repeal of a legislative provision promulgated for less than one year. Juli 2008. Since then, the constitution has been amended twenty-four times, through 2008.[1]. [3], Article 11 was used for constitutional changes for the second and final time in 1969, but the "No" prevailed, causing Charles de Gaulle to resign from the presidency. De Gaulle umging diesen Mechanismus jedoch schon 1962 und veranlasste direkt ein Referendum über eine von ihm vorgeschlagene Verfassungsänderung, welche auch angenommen wurde. This information may give rise to a debate, which shall not be followed by a vote. Only the votes in favour of the motion of censure shall be counted; the motion of censure shall not be adopted unless it is voted for by the majority of the members of the Assembly. 47 bis 47-2). The President of the Republic shall appoint the Prime Minister. The Institutional Act may also, for such territorial communities as are self-governing, determine the conditions in which: the Conseil d'État shall exercise specific judicial review of certain categories of decisions taken by the Deliberative Assembly in matters which are within the powers vested in it by statute ; the Deliberative Assembly may amend a statute promulgated after the coming into effect of the new status of said territorial community where the Constitutional Council, acting in particular on a referral from the authorities of the territorial community, has found that statute law has intervened in a field within the powers of said Assembly ; measures justified by local needs may be taken by the territorial community in favour of its population as regards access to employment, the right of establishment for the exercise of a professional activity or the protection of land ; the community may, subject to review by the central government, participate in the exercise of the powers vested in it while showing due respect for the guaranties given throughout national territory for the exercising of civil liberties. It shall have at its disposal the civil service and the armed forces. In 1962, Charles de Gaulle proposed that the President be elected by direct suffrage. Except as provided for in the following paragraph, no Member shall sign more than three resolutions of no-confidence during a single ordinary session and no more than one during a single extraordinary session. The Audit Court shall assist Parliament and the Government in monitoring the implementation of social security finance Acts. Peace Treaties, Trade agreements, treaties or agreements relating to international organization, those committing the finances of the State, those modifying provisions which are the preserve of statute law, those relating to the status of persons, and those involving the ceding, exchanging or acquiring of territory, may be ratified or approved only by an Act of Parliament. 1 The Constitution was adopted by the International Health Conference held in New York from 19 June to 22 July 1946, signed on 22 July 1946 by the representatives of 61 States (Off. The procedure set out in article 45 shall apply. These rules may not concern nationality, civic rights, the guarantees of civil liberties, the status and capacity of persons, the organisation of justice, criminal law, criminal procedure, foreign policy, defence, public security and public order, currency, credit and exchange, or electoral law. The Government shall determine and conduct the policy of the Nation. It shall act as the disciplinary council for judges. Such citizens shall neither hold the office of Mayor or Deputy Mayor nor participate in the designation of Senate electors or in the election of Senators. The time limits set by this article shall be suspended when Parliament is not in session. [1] It was passed by the Dáil on 28 January 1959 by 74 votes to 55. Rulings given hereunder shall require a majority of two thirds of the members of the House involved or of the High Court. Results It shall, as of right, carry out such an examination and shall make its decision in the same manner after sixty days of the exercise of emergency powers or at any moment thereafter. The Government shall lay before the National Assembly and the Senate any drafts of or proposals for instruments of the European Communities or the European Union containing provisions which are matters for statute as soon as they have been transmitted to the Council of the European Union. Acts of the Prime Minister shall be countersigned, where required, by the ministers responsible for their implementation. The republican form of government shall not be the object of an amendment. [2] In 2000, the Constitution was amended by shortening the President's term of office from seven years to five, coinciding with the term of Parliament. They shall be tried by the Court of Justice of the Republic. He shall address the Nation and inform it of such measures. The Prime Minister and Members of Parliament alike shall have the right to initiate statutes. Dänemark | The accounts of public administrations shall be lawful and faithful. The Art. The President of the Republic may, on a recommendation from the Government when Parliament is in session or on a joint motion of the two Houses, published in either case in the Journal Officiel, decide to consult voters in an overseas territorial community on a question relating to its organisation, its powers or its legislative system. An institutional Act shall determine the rules of organization and operation of the Constitutional Council, the procedure to be followed before it and, in particular, the time limits allowed for referring disputes to it. Suffrage may be direct or indirect as provided by the Constitution. A state of siege shall be decreed in the Council of Ministers. Irland | Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Members of Parliament and the Government shall have the right of amendment. [3] Although considered a juridical coup d’état at the time, the decision formed basis of the Constitutional Council today.[3]. Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the Houses of Parliament and the Constitutional Council. The current Constitution of France was adopted on 4 October 1958. The President of the Republic may, on a recommendation from the Government when Parliament is in session, or on a joint motion of the two Houses, published in the Journal Officiel, submit to a referendum any Government Bill which deals with the organization of the public authorities, or with reforms relating to the economic, social or environmental policy of the Nation, and to the public services contributing thereto, or which provides for authorization to ratify a treaty which, although not contrary to the Constitution, would affect the functioning of the institutions. After approval of the agreement by the vote provided for in article 76, the institutionnal Act passed after consultation with the deliberative assembly of New Caledonia shall determine, in order to ensure the development of New Caledonia in accordance with the guidelines set out in that agreement and as required for its implementation: -     the powers of the State which are to be transferred definitively to the institutions of New Caledonia, at what time and in what manner such transfers are to be made, and how the costs incurred thereby are to be apportioned; -     the rules for the organization and operation of the institutions of New Caledonia, notably the circumstances in which certain kinds of instrument passed by the deliberative assembly may be referred to the Constitutional Council for review before publication; -     the rules concerning citizenship, the electoral system, employment, and personal status as laid down by customary law; -     the circumstances and the time limits within which the population concerned in New Caledonia is to vote on the attainment of full sovereignty. The current Constitution of France was adopted on 4 October 1958. Ihr Hauptinitiator war Charles de Gaulle, formuliert wurde sie von Michel Debré. Rec. If, in the seven days preceding the last day for lodging presentations of candidature, any of the persons who, less than thirty days prior to that day, have publicly announced their decision to be a candidate dies or becomes incapacitated, the Constitutional Council may decide to postpone the election. Programming Acts shall determine the objectives of the action of the State. [2], Charles de Gaulle, the first President of the Fifth Republic, was instrumental in the adoption of the new constitution, as he was called back from retirement and narrowly avoided a coup resulting from the Algerian War. This page was last edited on 19 September 2020, at 07:02. Nevertheless, in the absence of agreement between the two assemblies, the text may be adopted by the National Assembly on final reading only by an absolute majority of its members. The population of New Caledonia is called upon to vote by 31 December 1998 on the provisions of the agreement signed at Nouméa on 5 May 1998, published in the Journal Officiel of the French Republic on 27 May 1998. The Senate, whose members must not exceed three hundred and forty-eight, shall be elected by indirect suffrage. Constitution du 4 octobre 1958. modifiée en dernier lieu par la loi constitutionnelle n° 2008-724 juillet 2008. The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, submit to a referendum any government bill which deals with the organization of the public authorities, or with reforms relating to the economic or social policy of the Nation and to the public services contributing thereto, or which provides for authorization to ratify a treaty that, although not contrary to the Constitution, would affect the functioning of the institutions. An Institutional Act shall determine the manner in which the holders of such offices, positions or employment shall be replaced. the determination of serious crimes and other major offences and the penalties they carry; criminal procedure; amnesty; the setting up of new categories of courts and the status of members of the Judiciary. The measures required to organize the voting process shall be taken by decree adopted after consultation with the Conseil d'État and discussion in the Council of Ministers. Transnistrien, Titel II: Der Präsident der Republik (Art. The Prime Minister may ask the Senate to approve a statement of general policy. Luxemburg | It shall be accountable to Parliament in accordance with the terms and procedures set out in articles 49 and 50. The Constitution was adopted by the International Health Conference held in New York from 19 June to 22 July 1946, signed on 22 July 1946 by the representatives of 61 States and entered into force on 7 April 1948. Außerdem enthält dieser Titel die Rechte und Aufgaben des Präsidenten, der aufgrund dieser Rechte im politischen System Frankreichs eine starke Stellung einnimmt. The procedure provided for in the last paragraph of article 13 shall be applied to these appointments. It shall always be universal, equal and secret. It enables the ratification of international treaties[6] and those associated with the European Union. Deutschland | If, as a result of a disagreement between the two assemblies, it has proved impossible to adopt a government or Member's bill after two readings by each assembly or, if the Government has declared the matter urgent, after a single reading by each of them, the Prime Minister may convene a joint committee, composed of an equal number of members from each assembly, to propose a text on the provisions still under discussion. 20 bis 23), Titel V: Die Beziehungen zwischen Parlament und Regierung (Art. Monaco | Bosnien und Herzegowina | It shall be organised on a decentralised basis. Measures may be taken to adapt the legislative system and administrative organization of the overseas departments to their particular situation. Pdf 158.35 KB. die Ausfertigung und Verkündung der Gesetze, wobei dem Präsidenten insofern ein suspensives Vetorecht zusteht, als er eine erneute Beratung eines Gesetzes verlangen kann (Art. Without prejudice to the application of the last three paragraphs of article 28, precedence shall be given on the agendas of the assemblies, and in the order determined by the Government, to the discussion of government bills and of Members' bills accepted by the Government. The days and hours of sittings shall be determined by the rules of procedure of each House. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot. Except where Parliament sits as of right, extraordinary sessions shall be opened and closed by a Decree of the President of the Republic. He shall be the guarantor of national independence, territorial integrity and observance of treaties. The Republic may conclude agreements with States that wish to associate themselves with it in order to develop their civilizations. The deputies to the National Assembly shall be elected by direct suffrage. The President shall be appointed by the President of the Republic. However, at the request of the Government, in cases of urgency, this period shall be reduced to eight days. France: The genesis of the 1958 constitution. Should the Presidency of the Republic fall vacant for any reason whatsoever, or should the Constitutional Council on a referral from the Government rule by an absolute majority of its members that the President of the Republic is incapacitated, the duties of the President of the Republic, with the exception of those specified in articles 11 and 12, shall be temporarily exercised by the President of the Senate or, if the latter is in turn incapacitated, by the Government. Juni 2020 um 15:42 Uhr bearbeitet. Equalisation mechanisms intended to promote equality between territorial communities shall be provided for by statute. Institutional Acts, before their promulgation, and the rules of procedure of the parliamentary assemblies, before their entry into force, must be referred to the Constitutional Council, which shall rule on their conformity with the Constitution. The Government shall determine and conduct the policy of the Nation. Additional sittings shall be held by right for the same purpose. If, as a result of a failure to agree by the two Houses, it has proved impossible to pass a Government or Private Member's Bill after two readings by each House or, if the Government has decided to apply the accelerated procedure without the two Conferences of Presidents being jointly opposed, after a single reading of such Bill by each House, the Prime Minister, or in the case of a Private Members' Bill, the Presidents of the two Houses acting jointly, may convene a joint committee, composed of an equal number of members from each House, to propose a text on the provisions still under debate. He shall be the guarantor of national independence, territorial integrity and due respect for Treaties. The Constitutional Council shall rule on the proper conduct of the election of Members of the National Assembly and Senators in disputed cases. He shall terminate the appointment of the Prime Minister when the latter tenders the resignation of the Government. The Senate shall ensure the representation of the territorial communities of the Republic. Where the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the assemblies and the Constitutional Council. Finance bills and social security finance bills shall be presented first to the National Assembly. The Institutional Act shall determine the manner in which this article is to be implemented. Dieser Titel wurde im Rahmen der Dezentralisierung mehrfach überarbeitet. Ordinances shall be issued in the Council of Ministers, after consultation with the Conseil d'Etat. No amendment shall be admissible without the consent of the Government. "Third Amendment of the Constitution Bill 1958 (Bill 25 of 1958)", "Third Amendment of the Constitution Bill, 1958—First Stage", "Third Amendment of the Constitution Bill, 1958—Fifth Stage (Resumed)", "Third Amendment of the Constitution Bill, 1958—Report Stage (Resumed) and Fifth Stage", "Third Amendment of the Constitution Bill, 1958—Motion (resumed)", Department of Housing, Planning and Local Government, Amendments to the Constitution of Ireland, https://en.wikipedia.org/w/index.php?title=Third_Amendment_of_the_Constitution_Bill_1958&oldid=938573192, Failed amendments of the Constitution of Ireland, Constitutional referendums in the Republic of Ireland, All Wikipedia articles written in Irish English, Creative Commons Attribution-ShareAlike License, To alter the Dáil electoral system from single transferable vote to first-past-the-post, This page was last edited on 1 February 2020, at 01:06. No ceding, exchanging or acquiring of territory shall be valid without the consent of the population concerned. The Republic shall participate in the European Union constituted by States which have freely chosen to exercise some of their powers in common by virtue of the Treaty on European Union and of the Treaty on the Functioning of the European Union, as they result from the treaty signed in Lisbon on 13 December, 2007. He shall ensure the implementation of legislation. Art. L'élection du président de la République. It shall comprise, in addition, five public prosecutors and one judge, as well as the Conseiller d'État and the barrister, together with the six qualified, prominent citizens referred to in the second paragraph. Parliament shall pass Finance Bills in the manner provided for by an Institutional Act. The republican form of government shall not be the object of any amendment. A second attempt by Fianna Fáil to abolish PR was rejected by voters in the 1968 referendum on the electoral system. The National Assembly shall convene as of right on the second Thursday following its election. No cession, exchange or addition of territory shall be valid without the consent of the population concerned. The Republic may recognize the jurisdiction of the International Criminal Court as provided by the treaty signed on 18 July 1998. In order to implement its programme, the Government may ask Parliament for authorization, for a limited period, to take measures by Ordinance that are normally the preserve of statute law. The plenary discussion at first reading of a Government or Private Members' Bill may only occur before the first House to which it is referred, at the end of a period of six weeks after it has been tabled. Nevertheless, failing agreement between the two Houses, the text may be passed by the National Assembly on a final reading only by an absolute majority of the Members thereof. The days and hours of sittings shall be determined by the rules of procedure of each assembly. 40 bis 45), in dem bei Uneinigkeit zwischen den Kammern nach einem Vermittlungsverfahren die Nationalversammlung das letzte Wort hat. Jahrhundert), „Creative Commons Attribution/Share Alike“. das Recht, die Nationalversammlung aufzulösen und Neuwahlen anzusetzen (Art. Where the outcome of the referendum is favourable to the Government Bill or to the Private Members' Bill, the President of the Republic shall promulgate the resulting statute within fifteen days following the proclamation of the results of the vote. 5 bis 19), Titel III: Die Regierung (Art. If the implementation of the provisions of this paragraph results in the postponement of the election beyond the expiry of the term of the President in office, the latter shall remain in office until his successor is proclaimed. Artikel 3 enthält den Grundsatz der Volkssouveränität, die durch gewählte Repräsentanten und im Wege des Referendums ausgeübt wird. Should the Finance Bill setting out revenue and expenditure for a financial year not be tabled in time for promulgation before the beginning of that year, the Government shall as a matter of urgency ask Parliament for authorization to collect taxes and shall make available by decree the funds needed to meet commitments already voted for. However, even if the request does not fall within their jurisdiction under the terms of these agreements, the authorities of the Republic shall remain empowered to grant asylum to any foreigner who is persecuted for his action in pursuit of freedom or who seeks the protection of France for some other reason. The closing of ordinary or extraordinary sessions shall be automatically postponed in order to permit the application of article 49, if the case arises. Government and Private Members' Bills shall be referred to one of the standing committees, the number of which shall not exceed eight in each House. The Republic may enter into agreements with States which wish to associate with it in order to develop their civilizations. Each House may institute proceedings before the Court of Justice of the European Union against a European Act for non-compliance with the principle of subsidiarity.