France | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Title XV- On the European Communities and the European Union

Art. 88-1 The Republic shall participate in the European Communities and in the European Union constituted by States that have freely chosen, by virtue of the treaties that established them, to exercise some of their powers in common.

It shall participate in the European Union in the conditions provided for by the Treaty establishing a Constitution for Europe signed on 29 October 2004.

Art. 88-2 Subject to reciprocity and in accordance with the terms of the Treaty on European Union signed on 7 February 1992, France agrees to the transfer of powers necessary for the establishment of European economic and monetary union.

Subject to the same reservation and in accordance with the terms of the Treaty establishing the European Community, as amended by the Treaty signed on 2 October 1997, the transfer of powers necessary for the determination of rules concerning freedom of movement for persons and related areas may be agreed.

Statutes shall determine the rules relating to the European arrest warrant pursuant to acts adopted under the Treaty on European Union.

Art. 88-3 Subject to reciprocity and in accordance with the terms of the Treaty on European Union signed on 7 February 1992, the right to vote and stand as a candidate in municipal elections shall be granted only to citizens of the Union residing in France. Such citizens shall neither exercise the office of mayor or deputy mayor nor participate in the designation of Senate electors or in the election of senators. An institutional Act passed in identical terms by the two assemblies shall determine the manner of implementation of this article.

Art. 88-4 The Government shall lay before the National Assembly and the Senate draft proposals for legislation of the European Union together with drafts of or proposals for acts 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. It may also lay before them other drafts of or proposals for acts or any document issuing from a European Union institution.

In the manner laid down by the rules of procedure of each assembly, resolutions may be passed, even if Parliament is not in session, on the drafts, proposals or documents referred to in the preceding paragraph.

Art. 88-5 Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union and to the European Communities shall be submitted to referendum by the President of the Republic.

Section 3 of the Constitutional Act n° 2005-204 of March 1st 2005 provides that " as from the coming into effect of the Treaty establishing a Constitution for Europe, Title XV of the Constitution shall be worded as follows"

Art. 88-1 The Republic shall, in the conditions laid down by the Treaty establishing a Constitution for Europe signed on 29 October 2004, participate in the European Union constituted by States that have freely chosen to exercise some of their powers in common.

Art. 88-2 Statutes shall determine the rules relating to the European arrest warrant pursuant to acts adopted by the Institutions of the European Union.

Art. 88-3 The right to vote and stand as a candidate in municipal elections may be granted to citizens of the Union residing in France. Such citizens shall neither exercise the office of mayor or deputy mayor nor participate in the designation of Senate electors or in the election of senators. An institutional Act passed in identical terms by the two assemblies shall determine the manner of implementation of this article.

Art. 88-4 The Government shall lay before the National Assembly and the Senate, drafts of or proposals for Acts of the European Union containing provisions which are of a statutory nature as soon as they have been transmitted to the Council of the European Union. It may also lay before them other drafts of or proposals for Acts or any instrument issuing from a European Union Institution.

In the manner laid down by the rules of procedure of each assembly, resolutions may be passed, even if Parliament is not in session, on the drafts, proposals or instruments referred to in the preceding paragraph.

Art. 88-5 The National Assembly or the Senate may issue a reasoned opinion as to the conformity of a draft proposal for a European Act with the principle of subsidiarity. Said opinion shall be addressed by the President of the Assembly involved, to the Presidents of the European Parliament, the Council of the European Union and the European Commission. The Government shall be informed of said opinion.

Each Assembly may institute proceedings before the Court of Justice of the European Communities against a European Act for non compliance with the principle of subsidiarity. Such proceedings shall be referred to the Court of Justice of the European Communities by the Government.

For the purpose of the foregoing, resolutions may be passed, even if Parliament is not in session, in the manner fixed by the rules of the National Assembly or the Senate for the tabling and discussion thereof.

Article 88-6 Parliament may, after a motion is passed in identical terms by the National Assembly and the Senate, oppose any modification of the rules governing the passing of Acts of the European Union under the simplified revision procedure as set forth in the Treaty establishing a Constitution for Europe.

Art. 88-7 Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union shall be submitted to referendum by the President of the Republic.

2. Provisions concerning International Treaties

Title VI - On treaties and international agreements

Art. 52 The President of the Republic shall negotiate and ratify treaties. He shall be informed of any negotiations for the conclusion of an international agreement not subject to ratification.

Art. 53 Peace treaties, commercial treaties, treaties or agreements relating to international organization, those that commit the finances of the State, those that modify provisions which are matters for statute, those relating to the status of persons, and those that involve the cession, exchange or addition of territory, may be ratified or approved only by virtue of an Act of Parliament. They shall not take effect until they have been ratified or approved. No cession, exchange or addition of territory shall be valid without the consent of the population concerned.

Art. 53-1 The Republic may conclude, with European States that are bound by commitments identical with its own in the matter of asylum and the protection of human rights and fundamental freedoms, agreements determining their respective jurisdiction in regard to the consideration of requests for asylum submitted to them.

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.

Art. 53-2 The Republic may recognize the jurisdiction of the International Criminal Court as provided by the treaty signed on 18 July 1998.

Art. 54 If the Constitutional Council, on a reference from the President of the Republic, from the Prime Minister, from the President of one or the other assembly, or from sixty deputies or sixty senators, has declared that an international commitment contains a clause contrary to the Constitution, authorization to ratify or approve the international commitment in question may be given only after amendment of the Constitution.

Art. 55 Treaties or agreements duly ratified or approved shall, upon publication, prevail over Acts of Parliament, subject, in regard to each agreement or treaty, to its application by the other party.

3. Provisions concerning constitutional reform

TITLE XVI - on the amendment of the Constitution

Art. 89 The President of the Republic, on a proposal by the Prime Minister, and Members of Parliament alike shall have the right to initiate amendment of the Constitution. A government or a Member's bill to amend the Constitution shall be passed by the two assemblies in identical terms. The amendment shall have effect after approval by referendum.

However, a government bill to amend the Constitution shall not be submitted to referendum where the President of the Republic decides to submit it to Parliament convened in Congress; the government bill to amend the Constitution shall then be approved only if it is adopted by a three-fifths majority of the votes cast. The Bureau of the Congress shall be that of the National Assembly.

No amendment procedure shall be commenced or continued where the integrity of the territory is jeopardized.

The republican form of government shall not be the object of an amendment.

4. Provisions concerning referendums

Art. 11 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.

Where the referendum is held in response to a proposal by the Government, the latter shall make a statement before each assembly which shall be followed by a debate.

Where the referendum decides in favour of the government bill, the President of the Republic shall promulgate it within fifteen days following the proclamation of the results of the vote.