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Introduction
1. Development of constitutionalism in France after the Second World War
1.1 French Constitution in 1946
1.2 Current French Constitution
2. French government
2.1 Constitutional and legal status of France as a republican state
2.2 Constitutional and legal status of France as a unitary state
Conclusion
Bibliography
Introduction
A special place in the social life of modern society belongs to the constitution. Without a doubt, the constitution is a phenomenon of a democratic order, since it establishes the equality of citizens, certain rights and freedoms, and limits the arbitrariness of the state, its officials and representatives. Its adoption, and even more so its consistent implementation, is a factor of stability and certainty in the development of social relations.
The term "constitution" originated in ancient Rome and was used to refer to the decrees of the Roman emperors. In the modern understanding, constitutions arose in the 17th century. as a result of the struggle of the masses and the bourgeoisie against feudalism.
The Constitution was considered as the main document of the state, designed to limit the limits of state power and ensure the protection of individual rights and freedoms.
France, like no other country, has always attracted the attention of historians, lawyers, and politicians. It is one of the states that have made a special contribution to the development of constitutional and legal theory and practice.
The originality of this country, the love of freedom of its people, who proclaimed in the preamble of their Constitution the words: “The French people solemnly proclaim their commitment to human rights and the principles of national sovereignty,” deserves respect and study of its constitutional foundations, dating back to the well-known events of 1789 and the adoption of the Declaration human and civil rights.
The Constitution, fulfilling the role of the “main regulator,” carries out general regulation of the most widespread and socially significant social relations.
Its provisions are largely politicized, because regulation is carried out on the basis of taking into account the interests of the bearers of specific socio-political values, the real socio-cultural environment, the international situation and foreign policy priorities, and the reaction of public opinion.
Constitutional provisions contain a concentrated normative expression of the principles of domestic and foreign policy of the state. France is a democratic country, and the experience of developing democracy is especially important for modern Russia.
1. Development of constitutionalism in France after the Second World War
1.1 French Constitution in 1946
1946 and the beginning of 1947 were a transitional period - a period of rapid, one might say steady, transition from the de-Gaullian position “between East and West” and “toughness towards Germany” to a complete rejection of this policy towards Germany, to a joyful readiness to accept help according to the Marshall Plan and reluctantly agree to the political consequences associated with it. As for domestic politics, only in 1946 were two referendums held, elections to the Constituent Assembly and the National Assembly, and the adoption of a new constitution.
The Constitution of October 27, 1946 consists of 106 articles. In volume it significantly exceeds not only the constitution of 1875, but also both constitutional charters and the constitutions of the ten-year and lifelong consulate, as well as the constitutions of the Second Empire (1852 and 1870). But it is less voluminous than the constitution of 1848 and the revolutionary constitutions of 1791, 1793 and 1795.
It approaches these latter in its clear and systematic arrangement of material. The Constitution is divided into twelve chapters: Chapter 1. On Sovereignty, Chapter II. About Parliament, Chapter III. On the Economic Council, Chapter IV. On diplomatic treaties, Chapter V. On the President of the Republic, Chapter VI. On the Council of Ministers, Chapter VII. On the criminal liability of ministers, Chapter VIII. On the French Union, Chapter IX. About the Supreme Council of Magistracy, Chapter X. About local collectives, Chapter XI. On the revision of the constitution, Chapter XII. Transitional regulations.
This listing of chapters alone shows how broad the scope of the 1946 Constitution is. The norms contained therein can, however, be summarized in the following three categories:
1. Regulations establishing the structure and relationship of the Republic and the French Union (paragraphs 16, 17 and 18 of the preamble and section VIII).
2. Basic principles relating to problems often included in constitutions by French and foreign constituent assemblies, although these problems are not of a constitutional nature in the proper sense of the word, namely: on public rights and freedoms (paragraphs 1--13 of the preamble); about local groups (section X); on international relations (paragraphs 14 and 15 of the preamble and section IV).
3. Rules concerning the organization and relationships of state authorities. They form the content of eight sections of the constitution (1, II, III, V, VI, VII, IX, XI).
The Constitution of October 27, 1946 is both the constitution of the Republic and the French Union, which consists of: first, the French Republic with its metropolitan departments, overseas departments and territories; secondly, from the united, that is, mandated, territories; in others from the united states.
The legal position of the French Union is quite clear. A union can only be concluded between collectivities that are political entities subject to international law, or, to use the classic expression, that are subjects of international law.
Indeed, not all protectorate states became part of the French Union - Tunisia and Morocco did not join the Union, and their relations with France continued to be regulated by the Ministry of Foreign Affairs until the formation of a special ministry in 1954. But in July 1950, a ministry was formed, which was entrusted with relations with the united states - three Asian countries: Vietnam, Cambodia and Laos.
The Constitution grants to all citizens and subjects of the French Union "citizenship of the French Union, which ensures them the enjoyment of the rights and freedoms guaranteed by the preamble of this Constitution." Article 81 of the French Constitution Gurevich G.S. Political system of modern states. M., 1972. S-450.
"The position of the states united in the French Union follows for each of them from the act which determines their relations with France." Article 61 CF However, it seems that these relations must comply with the provisions of the preamble and article 62 of the constitution, which provide for the joint (or coordinated) use of funds on the part of the members of the French Union for the purposes of:
The development of their civilization, the improvement of their well-being, the provision of collective security, with the French Republic playing a leading role in this regard: “the Government of the Republic takes upon itself the coordination of the means (of defense) and the direction of the policies necessary to prepare and ensure this defense.” Article 62 CF
However, recognition of the primacy of the French Republic among the united states is absent in the agreement concluded on October 22, 1953 with Laos. This treaty redefines the French Union, according to which it is “an association of independent and sovereign peoples, free and equal in rights and duties.” This definition clearly goes beyond the scope of the 1946 Constitution.
Thus, the Constitution of October 27, 1946 preserved the basic traditions of the French republican constitutions of the 19th century.
At the same time, it also had some specific features, largely due to the rise of the democratic movement in the country and at the same time the need for a compromise between left and right (conservative) political forces:
1. The bicameral parliamentary system was preserved. This gave stability to the legislation: the bill, which had been discussed twice in chambers independent of each other, should be more perfect. At the same time, the Constitution, taking into account the experience of the Senate of the Third Republic, which hampered the adoption of democratic legislation, significantly limited the rights of the upper chamber;
2. The right to pass laws was granted to only one chamber - the National Assembly, to which the Constitution prohibited its delegation;
3. The Constitution did not provide for a strong presidential power independent of parliament;
4. A regime was introduced with government power dependent on the National Assembly. E.M. Koveshnikov Fundamentals of constitutional law of foreign countries M. Infa 2008. 456 pp.
1.2 Current French Constitution
The French Constitution is usually considered to be the fundamental law of 1958, more precisely, it consists of three documents: the Declaration of the Rights of Man and the Citizen of 1789, adopted during the French Revolution (it talks about some aspects of the legal status of the individual, and therefore the constitution 1958 there is no corresponding section); the preamble to the 1946 constitution, adopted during the rise of the democratic movement after the Second World War (it talks about the possibility of socio-economic reforms and some socio-economic rights of the individual); Constitution of 1958, which contains references to the above two documents and which primarily regulates the relations between the highest bodies of the state.
The 1958 Constitution also contains references to some international instruments to which France is party (now the 1992 Treaty of European Union) and other fundamental laws (for example, on associations 1901), in connection with which some French lawyers include them in the “constitutional bloc”.
The Constitution was prepared and adopted in conditions of an acute domestic and foreign policy crisis, associated primarily with Algeria’s struggle for liberation from colonial dependence.
Under these conditions, President de Gaulle, who during the Second World War led the armed struggle of the French people against the fascist occupiers, seeking to strengthen political stability and his personal power, in accordance with the powers granted to him by parliament by special law, led the drafting of a new constitution to replace the constitution of 1946 G.
By delegating these powers to him, the parliament stipulated a number of conditions regarding the content of the new constitution: the parliament participates in its development, having 2/3 of the seats in the Advisory Committee for its preparation; the principle of separation of powers is preserved; the government is responsible to parliament; the source of power should be universal suffrage, etc. The draft constitution was discussed in the Consultative Council and the Council of Ministers and approved in a referendum on October 28, 1958. The delegated method of developing a constitution and its adoption by referendum was a new phenomenon in France - all previous constitutions were adopted by parliaments. E.M. Koveshnikov Fundamentals of constitutional law of foreign countries M. Infa 2008. 456 pp.
The 1958 Constitution, unlike, for example, the Italian Constitution of 1947, does not contain provisions on the socio-economic structure of society; it contains almost no provisions on the political system (except for the article on parties); as noted, there is no section on the legal status of the individual.
Certain provisions of a socio-economic nature are contained in the Declaration of 1789 (on property, on equal taxation taking into account the status of citizens), some economic, political and social principles are named in the preamble of the constitution of 1946 (turning into collective ownership of objects that acquire the character of national public services or actual monopolies, participation of workers in the management of enterprises, freedom of labor and the obligation to work, trade union freedoms, social services for the population, renunciation of war for the purpose of conquest, the possibility of limiting state sovereignty to protect peace and on the basis of reciprocity).
The Declaration of 1789 and the preamble of the 1946 Constitution also list a number of personal rights of citizens and socio-economic rights (to education, health care, etc.).
The Constitution of 1958, as already noted, mainly regulates the relationships between state bodies. It proclaims the principle of national sovereignty, which is exercised by the people through their representatives and in a referendum, as well as the creation of the French Community on the basis of the free self-determination of the peoples of the colonies (the Community actually ceased to exist decades ago, and was legally liquidated by constitutional reform in 1995).
The Constitution of 1958 confirmed the motto of the republic: “Liberty, equality and fraternity,” which arose back in the 18th century. during the revolution, proclaimed the principle of the republic: “Government of the people, by the will of the people and for the people” (this formulation was first officially proclaimed in the USA in the 19th century), determined the basic conditions for the creation of political parties and their role, declared that the republican form board cannot be subject to revision.
The constitution defines the relationship between domestic and international law: treaties and agreements ratified by France take precedence over domestic legislation, subject to reciprocity. In accordance with the principle of reciprocity, France was integrated into the European Union in 1992.
In terms of its form of government, France is a semi-presidential, semi-parliamentary republic; in terms of its territorial-political structure, it is a complex unitary state (Corsica is a political autonomy, New Caledonia is an associated state). France has a democratic state regime.
The 1958 Constitution is “tough”; its amendment goes through two stages. First, the draft amendment is adopted separately by both chambers with a simple majority of votes in an identical wording, and then such a law is approved in a referendum or by a congress of parliament (a joint meeting of the chambers) with a majority of 3/5 of the total number of votes.
At the first stage, the bill is discussed and amendments are made. At the second stage (regardless of whether it is a referendum or a congress), you can only vote “for”, “against” or abstain, which means, if we are talking about a congress, actually casting a vote against, since the required 3/5 is calculated from the total composition of parliament . The president decides which form of approval to use.
The right to propose amendments to the constitution belongs to the president, who must do this at the proposal of the government, but in fact acts independently, as well as to members of parliament.
Constitutional control in France is exercised by two different bodies - the Constitutional Council and the Council of State. The first considers the constitutionality of acts of parliament, the second - acts of executive authorities. The bulk of the Constitutional Council is appointed by three senior officials: the president, the chairman of the Senate (upper house of parliament) and the chairman
National Assembly (lower house). Each of these officers appoints one third of the members of the Council for nine years; Their mandate is non-renewable; they can only be a member of the Constitutional Council once. Every three years, one third of the Council members are renewed.
The other part of the Constitutional Council is all the former presidents of the republic. It is impossible to combine a position in the Council with membership in parliament and with positions in the government apparatus, as well as with leadership activities in the public or private sector of the economy and with the leadership of a political party. “General History of State and Law” / Ed. K.I. Batyr - M.: 1998, p. 356.
Constitutional control in France is essentially preliminary. Subsequent constitutional control is carried out only on complaints from citizens to the Constitutional Council about violations of their constitutional rights by law (since 1990), but this is possible only after consideration of such complaints by the State Council or the court. Subsequent constitutional control is also carried out when citizens appeal to administrative courts (ultimately to the State Council), but these appeals must be associated with acts of government that violate the constitutional rights of citizens.
Chapter 2. The French Constitution on forms of government
2.1 Constitutional and legal status of France as a republican state
The main feature of the 1958 constitution is the concentration of political power in the hands of the executive bodies. The concentration of power in the hands of the head of state and government is one of the manifestations of the constitutionally enshrined authoritarian tendency in the French political regime. The President is at the top of the hierarchy of government bodies. Article 5 of the Constitution assigns to him the obligation to ensure “by his arbitration the normal functioning of state bodies, as well as the continuity of the state.” The same article declares that the president is “the guarantor of national independence, territorial integrity, compliance with Community agreements and treaties.” The President has broad legislative prerogatives. He is vested with the right of legislative initiative. In relation to parliament, the president has the power to dissolve the lower house of parliament.
The legislative body of the Republic - the parliament - plays a relatively small role in the political life of the country. Parliament consists of two chambers - the National Assembly and the Senate. The main function of parliament - passing laws - is severely limited by the constitution. The Constitution precisely defines the range of issues on which Parliament has the power to make laws. Issues not included in this list are the responsibility of the government. Parliament's rights are also limited in the financial sphere. The Constitution sets a certain deadline for Parliament to pass financial bills. Parliament has the right to control the activities of the government.
The Constitutional Council is a special body that monitors compliance with the Constitution. All laws before their promulgation by the President and regulations of the chambers before their adoption must be submitted to the consideration of the Constitutional Council, which gives an opinion on whether they comply with the Constitution. If the Constitutional Council decides that a particular act is contrary to the Constitution, it has the right to repeal it. Also, the powers of the Constitutional Council include monitoring the progress of presidential elections and referendums.
The French government is a collegial body consisting of the prime minister and ministers. In accordance with the constitution, they are distinguished: the Council of Ministers - a meeting of ministers chaired by the President of the Republic, and the Cabinet of Ministers - a meeting of ministers chaired by the Prime Minister. It is the Council of Ministers that exercises the powers constitutionally vested in the government.
The government is appointed as follows: The President of the Republic selects a candidate and appoints the Prime Minister. The prime minister selects ministers and presents them to the president, who appoints them. The president has considerable freedom when choosing a candidate for the post of prime minister. This is his personal right. The only important thing is that no confidence is given to the Prime Minister when voting in the National Assembly. In other words, the president must take into account the balance of party forces in the lower house of parliament.
Parliament consists of two chambers: the lower - the National Assembly and the upper - the Senate. Passive suffrage is granted for election to the National Assembly at the age of 23, to the Senate - from the age of 35. In all elections there is an electoral deposit. For elections of deputies it is 1 thousand francs per candidate, for senators - 200 francs. According to the official version, the payment of a deposit is explained by the need to cover the election campaign at least partially and to some extent prevent the nomination of persons who are nominating their candidacy not for the purpose of election, but for other purposes.
Elections for senators take place in the main city of the department and are carried out according to two systems. Proportional is used in departments that elect 5 or more members of the chamber. There are 13 such departments, and the number of senators from them is 69. In the remaining departments, a two-round majority system is used. The establishment of different systems has a political purpose. Proportional representation from large industrial departments allows non-working-class populations to be represented in the Electoral College and then qualify for seats in the Senate. The majoritarian system in other departments does not provide adequate representation of the urban population, which is in the minority there.
The President of the Republic occupies the top of the hierarchy of government bodies. “Acts of the President of the Republic, with the exception of those specified in articles 8,11,12,16,18,54 and 61, are countersigned by the Prime Minister and, if necessary, by the responsible ministers.” In accordance with this formulation of the constitution, the formal legal powers of the president are divided into those exercised by him personally and those requiring countersignature by the prime minister or responsible ministers. In practice, there are other personal powers not specified in Article 19, in particular, the Prime Minister is appointed without countersignature. Gurevich G.S. Political system of modern states. M., 1972. S-450.
The most important personal power of the President of France is the right to dissolve the National Assembly, which is limited by only three conditions: 1) dissolution cannot be carried out within a year following the previous dissolution; 2) during a state of emergency; 3) the interim president of the republic, i.e. Chairman of the Senate, holding the vacant position of head of state until the election of a new president.
The president shapes the executive branch practically from top to bottom. He appoints ministers and all senior officials. The President is the head of the armed forces and presides over the highest councils and committees of national defense. Extremely important is the right of the president, which is not regulated by the constitution, to put into operation strategic nuclear forces; this right is provided for by a simple decree of January 14, 1964.
In the field of international relations, the president concludes and ratifies international treaties, with the exception of those that require mandatory ratification by parliament. Ratification requires the counter-signature of members of the government.
In the judicial field, the president is the holder of the traditional right of the head of state - the right of pardon. The President is at the top of the judiciary, being the guarantor of its independence.
The President is assisted in his activities by a personal staff of several hundred people. It consists of a cabinet, a general secretariat, a military headquarters, several officials for special assignments; all employees of these services are personally appointed by the president.
The functions of the French parliament are not much different from the functions of the central representative bodies of other foreign countries; they are divided into legislative, economic, control, judicial and
French law seeks to ensure the independence of parliamentarians and the representative institution itself from the encroachments of the executive branch. Such measures include rules on incompatibility of positions. The law allows persons whose positions are specified in its provisions to be members of Parliament, but these persons must resign from office within a certain time if elected. These provisions are intended not only to ensure the independence of the parliamentarian, but also to provide him with the opportunity to devote himself to parliamentary activities. The personal independence of a parliamentarian includes immunity, which consists of non-responsibility and inviolability and the provision of material opportunities for the parliamentarian to ensure his activities. Non-responsibility presupposes the impossibility of prosecuting a parliamentarian for expressing opinions or voting. The purpose of immunity is to prevent harassment and pressure on a member of parliament.
Article 34 of the constitution sets out the list of issues on which parliament can legislate. All areas outside those mentioned in this article are the responsibility of the government.
The legislative initiative belongs to the prime minister and parliamentarians. The President of the Republic does not formally have the right to such initiative. Based on Art. 40 of the Constitution, bills are not acceptable if the consequence of their adoption would be a reduction in revenues or the creation or increase of state expenses. This requirement greatly reduces the possibilities of parliamentarians.
After the bill is passed by parliament, it is submitted to the president for promulgation. The head of state may, however, require parliament to reconsider the law or some parts of it. Such consideration cannot be refused. The law is countersigned by the Prime Minister and the relevant minister and published.
The delegation of powers to the government is carried out under two conditions - if the government has a program and receives the authority of parliament. The transfer of powers is limited to a certain period of time. Subject to these conditions, the government can, by issuing ordinances, take measures that are usually within the scope of legislative regulation. constitutionalism france senator
The French parliament uses almost all known forms of control over government activities; the exception is interpellation. Although Article 156 of the Rules of Procedure of the National Assembly mentions it, this right of parliamentarians must be subject to the same rules as the resolution of censure. All forms of control can be divided into two large groups: 1) not containing direct sanctions against the government, except for public disclosure; 2) containing such a sanction leading to political responsibility of the government. The first group is carried out in both houses of parliament, the second - only by the National Assembly.
The political responsibility of the government means that members of the National Assembly can force the government to resign, either by passing a resolution of censure or by withholding the confidence requested by the government. Only the Assembly can decide the issue of political responsibility.
The French Parliament is characterized by significant restrictions on the use of votes of confidence and resolutions of censure. The issue of trust is a double-edged sword, since both the government and the National Assembly could be out of work as a result of a negative vote.
The foreign policy powers of parliament come down to two - declaring war and imposing a state of siege in the country and ratifying international treaties.
2.2 Constitutional and legal status of France as a unitary state
The French Republic is a unitary state. It is divided into regions, departments and communes, which are considered territorial collectives, and therefore they have elected bodies of self-government. Along with this, there are administrative districts where there are no elected bodies of self-government and are governed by a sub-prefect appointed from above. There are historical and geographical units - cantons, which do not have their own bodies of self-government and administration, but are used as electoral districts for elections to departmental councils, sometimes judicial bodies are created in them - petty tribunals. “General History of State and Law” / Ed. K.I. Batyr - M.: 1998, p. 356. A special position is occupied by Corsica, which is a form of political autonomy - an island in the Mediterranean Sea (there is a local parliament with limited competence, a narrower collegial body elected by it, but the executive power is exercised solely by the elected council its chairman). In addition, three more councils with advisory voting rights are created under the parliament: economic, social, cultural. New Caledonia (a former colony) now has the status of an “associated state” with France. It has a local parliament, but unlike the "associated states" of the United States, which were formerly trust territories, New Caledonia's UN membership has not been raised.
The communal (municipal) council adopts the budget, sets local taxes, manages the property of the commune, approves employees, adopts development programs, deals with markets, sanitation, local roads, etc. Local roads belong to the commune (community) as public property, enterprises, forests - as private property. The municipal council can be dissolved early by a presidential decree adopted at a meeting of the Council of Ministers, but only for one reason: if it is not capable of governing the commune. This decree can be challenged in an administrative court.
In departments (there are 96 of them in France and 3 overseas departments), a general (departmental) council is also elected for 6 years. It deals with approximately the same issues as the municipal council, but its powers are much broader. As noted, the council is updated in parts (by 1/2 every 3 years). Since 1982, the executive body of the council is not the appointed prefect (later he received the name of the Commissioner of the Republic, but today the former term is still used), but the chairman of the council elected by him. Nevertheless, the department council is less independent in its actions than the community council; it is more strictly controlled by the center; some local services of ministries are also subordinate to the prefect. With elected bodies in France, administrative-territorial units have officials appointed from above - representatives of the state. In the region, this is the commissar of the republic - the regional prefect (he is also the commissar of the largest department in the region), in the department - also the commissar of the republic (prefect), in the district, which is not a “territorial collective” and does not have its own council, there is a su prefect. The Commissioner of the Republic is appointed by the Council of Ministers. He represents the government and each minister in his administrative-territorial unit, manages the activities of public services (however, not all local ministries' services are subordinate to him), and is responsible for observing national interests, laws, and maintaining public order. He is directly responsible for the state of agriculture, social issues, sanitation, and improvement. The police are at his disposal. The sub-prefect exercises similar powers in the district. “General History of State and Law” / Ed. K.I. Batyr - M.: 1998, p. 356.
The Commissioner of the Republic (prefect, sub-prefect) no longer exercises administrative guardianship over local government bodies, but has the right to control them from the point of view of compliance with the law: all decisions of local councils must be executed regardless of the commissioner’s visa for them (previously such a visa was required), but in within 15 days from the date of adoption, these decisions must be submitted to the commissioner, who, if he considers them illegal (and now only on this basis), can apply to the local administrative court with a claim for their annulment.
Conclusion
It is no coincidence that France is called the “laboratory of the constitution” and the French “the great consumers of the constitution.” Indeed, over the years of the New and Contemporary times, 16 constitutions were adopted in France. The current Constitution of the French Republic was adopted in 1958 in a referendum held on September 28, and formalized the creation of the Fifth Republic in France.
The Preamble of the Constitution declares adherence to the Declaration of the Rights of Man and of the Citizen of 1789 and the Preamble to the Constitution of 1946. In accordance with the decision of the French Constitutional Council in 1970, the Declaration and the Preamble were recognized as having the same legal force as the main text of the Constitution 1958, and they became an organic part of this Constitution.
Structurally, the French Constitution consists of a preamble, which also contains the first article, in which France is proclaimed an indivisible, secular, social, democratic republic; ensures equality before the law of all citizens without distinction of origin, race or religion; approves of all religions.
The Constitution does not have a special section dedicated to human rights. There are only a few articles on these issues. For example, Article 1 establishes equality before the law; freedom to form political parties is proclaimed in Article 4; personal freedom is established in Article 66. Most rights and freedoms are regulated by the Declaration of the Rights of Man and the Citizen of 1789 and the Preamble of the 1946 Constitution.
The preamble to the 1946 Constitution proclaimed the following economic, political and social principles:
Equality of rights between men and women;
The right of every person persecuted for his activities in favor of freedom to asylum in the territory of the Republic;
Everyone has the duty to work and the right to receive employment;
The right of every person to protect his rights and his interests with the help of a trade union organization;
The right to strike, which is exercised within the framework of the law;
The right of every worker, through his delegates, to take part in the collective determination of working conditions and in the management of the enterprise;
Any property of an enterprise that has national and social significance or the nature of an actual monopoly must become the property of society;
Providing the individual and family with the necessary conditions for their development; - guarantee for children, mothers and elderly workers of health protection, material security, rest and leisure;
Equal access to education, acquisition of profession and culture; the organization of public free and secular education at all levels is declared the duty of the state.
Thus, France is a secular republic, a state of law. Her experience in the formation of constitutionalism is important for modern post-Soviet states.
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The characteristic features of a semi-presidential (mixed) republic include the following.
The President is elected directly by the population through direct elections. Elections can be held in one or two rounds.
The president is vested with extensive powers: he is the head of state, he has the main prerogatives in the sphere of executive power, he is the supreme commander in chief.
In a semi-presidential (mixed) republic, the government exists as an independent executive body, working under the general leadership of the president. The government is appointed by the president, but requires the confidence of parliament. A vote of no confidence can lead to either the resignation of the government or the dissolution of parliament by the president.
The French central executive has a “two-headed” structure: it includes the President of the Republic and the Prime Minister. The President, who has his own most important powers, exercised without the countersignature of members of the government (for example, the right to dissolve the National Assembly, the right to declare a state of emergency), must be responsible for the most general areas of state activity. The Prime Minister, appointed by the President, is entrusted with the responsibility of representing and implementing other acts of executive power. He must implement policies based on the general orientation of the President. The government bears political responsibility before the National Assembly and criminal responsibility before both houses of parliament. The President is at the top of the hierarchy of government bodies. Although the formal legal powers of the President remained unchanged throughout the existence of the Fifth Republic, the amendment that established the current procedure for filling the post of head of state (previously he was elected by an electoral college) strengthened his already dominant position.
2. The bill adopted by the US Congress was submitted to the President for approval.
What is the fate of the bill if:
– Did the President veto?
– The President received the bill on Thursday, January 10. Didn’t give an answer, and the parliamentary session closed on Monday, January 21?
– The President received the bill on Thursday, January 10, did not respond, and the parliamentary session closed on Friday?
1. If the President vetoes a bill (the right to veto is provided by Section 7 of Article 1 of the US Constitution), the bill will return to Congress within 10 days. A veto can be overridden by re-approval in each chamber by a third vote of the members of each chamber. And then the draft will become law even without the President’s signature.
2. If the President received the bill on Thursday, January 10 and did not respond until January 21, therefore the 10-day deadline for a response has passed, then the draft automatically becomes law.
3. If the President received the bill on Thursday, did not respond, and the parliamentary session was closed, then he can veto it and return it to Congress for consideration at the next session. Either sign it or not respond to it and the bill becomes law.
CONCEPTS OF FORM OF STATE AND FORM OF GOVERNMENT
text of the French Civil Code
Features of determining the winner in the US presidential elections
The form of the state as a way of organizing political power Form of law
France (French France), officially the French Republic (French Republique française [ʁepyblik fʁɑ̃sɛz]) is a state in Western Europe. The capital is the city of Paris. The name of the country comes from the ethnonym of the Germanic tribe of the Franks, despite the fact that the majority of the population of France is of mixed Gallo-Roman origin and speaks a Romance language.
Population: 64.7 million people (January 2010), including about 90 percent French citizens. Believers are predominantly Catholics (over 76 percent). The legislative body is a bicameral parliament (Senate and National Assembly). Administrative division: 27 regions (22 metropolitan and 5 overseas regions), including 101 departments (96 metropolitan and 5 overseas departments).
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The flag of France (French drapeau tricolore or drapeau bleu-blanc-rouge, drapeau français, less commonly le tricolore, in military jargon - les couleurs) is the national emblem of France in accordance with Article 2 of the French Constitution of 1958. It consists of three vertical stripes of equal size: blue - at the pole edge, white - in the middle, and red - at the free edge of the panel. The ratio of the width of the flag to its length is 2:3. Introduced into use on May 20, 1794. |
| Origin of flowers. The blue banner has been in use since the time of Clovis I, the first Frankish king, and was associated with the color of the vestments of Saint Martin of Tours, the patron saint of France. According to legend, the saint shared his cloak (blue) with a beggar near Amiens, and Clovis, after accepting Christianity around 498, changed the white banner to a blue one in his honor. White color from 1638 to 1790 was the color of the royal flag and some naval banners. From 1814 to 1830, it was also the color of the royal army banners. The white color symbolizes France and everything that is associated with the divine order, with God (hence the choice of this color as the main emblem of the kingdom - according to the official doctrine, the king’s power was of divine origin). During the reign of Hugh Capet and his descendants, the kings of France had a red oriflamme in honor of St. Dionysius, since he was the legendary founder of the abbey, which since the time of Dagobert I was especially revered. |
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The current emblem became a symbol of France after 1953, although it has no legal status as an official symbol. Since 2003, all public administrations have used the Marianne logo against the background of the French flag. |
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Emblem of France |
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Political system
France is a sovereign unitary democratic republic. The current Constitution, adopted on October 4, 1958, regulates the functioning of the authorities of the Fifth Republic: it establishes a republican presidential-parliamentary form of government (Constitution of the French Republic, section 2). The head of state is the president, elected for 5 years. The head of government is the prime minister. The Council of Ministers is appointed by the President in consultation with the Prime Minister. Legislative power belongs to a bicameral parliament elected by universal suffrage. The Constitution of the French Republic has been revised several times under the following articles:
Presidential elections based on universal direct suffrage (1962),
introduction of a new section of the Constitution on criminal liability of government members (1993),
introduction of a single session of parliament and expansion of the powers of the referendum (1995),
adoption of provisional measures regarding the status of New Caledonia (1998),
creation of the Economic and Monetary Union, equal access of men and women to elected mandates and elective functions, recognition of the legal law of the International Criminal Court (1999),
reduction of the presidential mandate (2000),
reform on the criminal liability of the head of state, enshrining the abolition of the death penalty in the Constitution, reform on the autonomy of New Caledonia (2007),
reform to update the state structure and establish a balance in the distribution of powers (2008).
There is also a Constitutional Council in France, which consists of 9 members and exercises control over the correctness of elections and the constitutionality of laws amending the Constitution, as well as laws submitted to it for consideration.
Legislature
Legislative power in France belongs to Parliament, which includes two chambers - the Senate and the National Assembly. The Senate of the Republic, whose members are elected by indirect universal suffrage, consists of 321 senators (348 since 2011), 305 of whom represent the metropolis, 9 overseas territories, 5 French Community territories and 12 French citizens living abroad. Senators are elected to six-year terms (from 2003, and until 2003 - 9 years) by an electoral college consisting of members of the National Assembly, general councilors and delegates from municipal councils, with the Senate being renewed by half every three years. The last Senate elections took place in September 2008. Following the elections held in September 2008, the 343 members of the Senate are distributed as follows:
Faction "Union for the Popular Movement" (UMP):151
Socialist faction: 116
Faction "Centrist Union": 29
Communist, Republican and Civil faction: 23
Faction "European Democratic and Social Union": 17
According to the results of the elections on June 10 and 17, 2007, the National Assembly has 577 deputies, distributed as follows:
Faction "Union for the People's Movement" (UMP): 314 (plus 6 joiners)
Socialist Radical and Civil Faction: 186 (plus 18 affiliated)
Left Democratic and Republican faction: 24
New Centrist faction: 20 (plus 2 joiners)
Not a member of any faction: 7
The National Assembly, whose deputies are elected by direct universal suffrage for a term of 5 years, consists of 577 deputies, 555 of whom represent the mother country, and 22 represent the overseas territories. Members of the National Assembly are elected by direct universal suffrage for a five-year term. The last elections of deputies to the National Assembly took place in June 2007. In addition to their function of monitoring the activities of the government, both chambers develop and pass laws. In case of disagreement, the final decision rests with the National Assembly.
Executive branch
In the Fifth Republic, the Prime Minister is responsible for current domestic and economic policies, and also has the right to issue general decrees. He is considered responsible for government policy (Article 20). The Prime Minister directs the government and enforces laws (Article 21). The Prime Minister has his own website: www.premier-ministre.gouv.fr.
The Prime Minister is appointed by the President of the Republic. The approval of his candidacy by the National Assembly is not required, since the National Assembly has the right to declare a vote of no confidence in the government at any time. Typically, the prime minister represents the party that has the majority of seats in the National Assembly. The Prime Minister draws up a list of his cabinet ministers and submits it to the President for approval.
The Prime Minister initiates the adoption of laws in the National Assembly and ensures their implementation, and he is also responsible for national defense. The Prime Minister countersigns acts of the President and replaces him as chairman in the councils and committees specified in Article 15 of the Constitution. Since May 17, 2007, the government has been headed by François Fillon (member of the Union for a Popular Movement party).
Judicial branch
The French judicial system is regulated in Section VIII of the Constitution “On the Judicial Power”. The president of the country is the guarantor of the independence of the judiciary, the status of judges is established by organic law, and the judges themselves are irremovable.
French justice is based on the principles of collegiality, professionalism, and independence, which are ensured by a number of guarantees. The 1977 law established that the costs of administering justice in civil and administrative cases are borne by the state. This rule does not apply to criminal justice. Also important principles are equality before justice and the neutrality of judges, public consideration of the case and the possibility of double consideration of the case. The law also provides for the possibility of cassation appeal.
The French judicial system is multi-tiered and can be divided into two branches - the judicial system itself and the administrative court system. The lowest level in the system of courts of general jurisdiction is occupied by petty tribunals. Cases in such a tribunal are heard personally by a judge. However, each of them has several magistrates. The Tribunal of Small Instance considers cases with insignificant amounts, and the decisions of such courts are not subject to appeal.
In criminal cases, this court is called the police tribunal. These tribunals are divided into divisions: civil and correctional courts. The Court of Appeal always makes decisions collectively. The civil law part of the court of appeal consists of two chambers: civil and social cases. There is also a Chamber of Commerce. One of the functions of the indictment chamber is the function of a disciplinary court in relation to judicial police officers (officers of the Ministry of Internal Affairs, military gendarmerie, etc.). There is also a gendarmerie department for minors. Each department has a jury trial. In addition, France has special judicial bodies: commercial courts and military courts. At the top of the system is the Court of Cassation. In France, there is a separate branch of administrative justice. The prosecutor's office is represented by prosecutors at courts of various levels. The Prosecutor General and his deputies are located at the Court of Appeal. The Prosecutor's Office at the Court of Cassation includes the Prosecutor General, his first deputy and deputies, who are subordinate to the Minister of Justice.
Local government
The system of local governments in France is built in accordance with the administrative-territorial division. It is represented by communes, departments and regions where elected bodies exist.
The commune has about 36 thousand people and is governed by a municipal council and a mayor, who is the executive authority. The council manages the affairs of the commune, makes decisions on issues affecting the interests of its citizens on all social issues: manages property, creates the necessary social services.
The department is the main unit of the administrative-territorial division of France. The departments are divided into domestic (96) and overseas departments. The responsibility of the Departmental Council includes the adoption of the local budget and control over its implementation, the organization of departmental services, and property management. The executive body of the department is the chairman of the general council.
The largest unit in the administrative division of the country is the region. Economic and social committees and a regional borrowing committee have been established in each region. The region has its own accounting chamber. The regional council elects its chairman, who is the executive branch of the region.
Armed forces and police
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In general, France is one of the few countries whose armed forces have almost the full range of modern weapons and military equipment of their own production - from small arms to nuclear attack aircraft carriers.
France is a nuclear weapons country. The official position of the French government has always been the creation of a "limited nuclear arsenal at the minimum necessary level." Today this level is four nuclear submarines and about a hundred aircraft with nuclear missiles.
The republic has a contract system of service and there is no military obligation. The military personnel, including all units, is about 270 thousand people. At the same time, according to the reform launched by the President of the Republic, Nicolas Sarkozy, 24% of employees, mostly in administrative positions, should be dismissed from the army.
Foreign policy and international relations
Currently, France is one of the most important actors in world politics; it can undoubtedly be called a “great power” of the modern world, and this assumption is based on the following principles:
France independently determines its foreign policy. Political independence is based on military force (primarily nuclear weapons);
France influences international political decision-making through international organizations (due to its status as a permanent member of the UN Security Council, leading role in the EU, etc.);
France is trying to play the role of a world ideological leader (declaring itself the “standard bearer” of the principles of the French Revolution in world politics and a defender of human rights throughout the world);
The special role of France in certain regions of the world (primarily in Africa);
France remains a center of cultural attraction for a significant part of the world community.
France is one of the founding countries of the European Union (since 1957) and now plays an active role in determining its policies.
The headquarters of organizations such as UNESCO (Paris), the Organization for Economic Co-operation and Development (OECD) (Paris), Interpol (Lyon), and the International Bureau of Weights and Measures (BIPM) (Sèvres) are located in France.
France is a member of many world and regional international organizations:
United Nations since 1945;
permanent member of the UN Security Council (that is, has the right of veto);
member of the WTO (since 1995, before that member of the GATT);
member of the Group of Ten since 1964;
the initiating country in the Secretariat of the Pacific Community;
Member of the International Monetary Fund and the World Bank
member of the Indian Ocean Commission;
Associate Member of the Association of Caribbean States;
Founder and leading member of La Francophonie since 1986;
in the Council of Europe since 1949;
OSCE member;
member of the Big Eight.
Among the main directions of French foreign policy are the following:
activities within the European Union;
politics in the Mediterranean region (North Africa and the Middle East);
establishing bilateral relations with individual countries;
implementation of policies within the organization of Francophonie;
activities in NATO.
Activities in NATO
France was a member of NATO (since 1949), but under President de Gaulle in 1966 it withdrew from the military part of the alliance in order to be able to pursue its own independent security policy. During the tenure of President Chirac, France's actual participation in NATO defense structures increased. After N. Sarkozy became president on May 16, 2007, France returned to the military structure of the Alliance on April 4, 2009. France's full return to the military structure is due to NATO's support for European defense initiatives - the EU's European Security and Defense Policy (ESDP), as part of the Common Foreign and Security Policy (CFSP). The return of France to NATO is not a whim of N. Sarkozy, but a response to the changed world situation. France's policy towards NATO, starting with F. Mitterrand, has been consistent.
France took an active part in resolving the Georgian-Ossetian conflict that escalated in August 2008. At the meeting of the presidents of Russia and France - Dmitry Medvedev and Nicolas Sarkozy - during negotiations in Moscow on August 12, 2008, a plan for resolving the military conflict, called the Medvedev-Sarkozy Plan, was signed.
Administrative division
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France is divided into 27 regions (régions), of which 22 are on the European continent, one (Corsica) is on the island of Corsica, and another five are overseas. Regions do not have legal autonomy, but can set their own taxes and approve the budget. The 27 regions are divided into 101 departments (départements), which consist of 342 districts (arrondissements) and 4,039 cantons (cantons). The basis of France are 36,682 communes. The division into departments and communes is comparable to the division of Russia into regions and districts. The department of Paris consists of a single commune. Each of the five overseas regions (Guadeloupe, Martinique, French Guiana, Reunion, Mayotte) consists of a single department. The region of Corsica (including 2 departments) has a special status as an administrative-territorial entity, different from other regions of the metropolis (continental France). It has independent governing bodies that are not subordinate to the center. In 2003, a referendum on the unification of the two departments of Corsica failed. All these regions are part of the European Union. |
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It can also be said that the French Republic includes: |
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Story
Ancient World and Middle Ages
France in the prehistoric period was the site of the oldest sites of Neanderthals and Cro-Magnons. During the Neolithic era, several prehistoric cultures rich in monuments existed in France. Prehistoric Brittany was culturally connected with neighboring Britain, and a large number of megaliths were discovered on its territory. During the late Bronze and Early Iron Ages, the territory of France was inhabited by the Celtic tribes of the Gauls, and the southwest of modern France by the Iberians, tribes of unknown origin. As a result of a gradual conquest, which was completed in the 1st century. BC e. As a result of the Gallic War of Julius Caesar, the modern territory of France became part of the Roman Empire as the province of Gaul. The population was Romanized and by the 5th century spoke vernacular Latin, which became the basis of modern French.
In 486, Gaul was conquered by the Franks under the leadership of Clovis. Thus, the Frankish state was established, and Clovis became the first king of the Merovingian dynasty. In the 7th century, the king's power weakened significantly, and the real power in the state was wielded by the majordomos, one of whom, Charles Martel, managed to defeat the Arab army in the Battle of Poitiers in 732 and prevent the Arab conquest of Western Europe. Charles Martell's son, Pepin the Short, became the first king of the Carolingian dynasty, and under Pepin's son, Charlemagne, the Frankish state reached its greatest prosperity in history and occupied most of the territory of what is now Western and Southern Europe. After the death of Charlemagne's son, Louis the Pious, his empire was divided into three parts. In 843, according to the Treaty of Verdun, the West Frankish Kingdom was formed, led by Charles the Bald. It occupied approximately the territory of modern France; in the 10th century the country began to be called France.
Subsequently, the central government weakened significantly. In the 9th century, France was regularly subjected to Viking raids; in 886, the latter besieged Paris. In 911, the Vikings founded the Duchy of Normandy in northern France. By the end of the 10th century, the country was almost completely fragmented, and the kings had no real power outside their feudal domains (Paris and Orleans). The Carolingian dynasty was replaced in 987 by the Capetian dynasty, named after its first king, Hugo Capet. The Capetian reign is notable for the Crusades, religious wars in France itself (first in 1170 by the Waldensian movement, and in 1209-1229 - the Albigensian Wars), the convening of parliament - the States General - for the first time in 1302, as well as the Avignon capture of the popes, when the Pope was arrested in 1303 by King Philip IV the Fair, and the popes were forced to remain in Avignon until 1378. In 1328, the Capetians were replaced by a side branch of the dynasty known as the Valois dynasty. In 1337, the Hundred Years' War with England began, in which at first the British were successful, managing to capture a significant part of the territory of France, but in the end, especially after the appearance of Joan of Arc, a turning point came in the war, and in 1453 the British capitulated.
The period of the reign of Louis XI (1461-1483) saw the actual end of the feudal fragmentation of France and the transformation of the country into an absolute monarchy. Subsequently, France constantly sought to play a prominent role in Europe. Thus, from 1494 to 1559, she fought the Italian Wars with Spain for control of Italy. At the end of the 16th century, Calvinist Protestantism became widespread in predominantly Catholic France (Protestants in France were called Huguenots). This caused religious wars between Catholics and Protestants, which peaked in 1572 with the Massacre of Protestants in Paris in 1572. In 1589, the Valois dynasty came to an end, and Henry IV became the founder of the new Bourbon dynasty.
Modern times and revolution
In 1598, Henry IV signed the Edict of Nantes, ending the war with the Protestants and giving them broad powers so that they formed a “state within a state” with their own fortresses, troops and local government structures. From 1618 to 1648, France participated in the Thirty Years' War (formally it fought only from 1635 - this is the so-called Swedish-French period of the war). From 1624 until his death in 1642, the country was effectively ruled by King Louis XIII's minister, Cardinal Richelieu. He resumed wars with the Protestants and managed to inflict military defeat on them and destroy their government structures. In 1643, Louis XIII died, and his five-year-old son Louis XIV became king, who ruled until 1715 and managed to outlive his son and grandson. In 1648-1653 there was an uprising of the urban strata and the noble opposition, dissatisfied with the rule of the Queen Mother Anne of Austria and the minister Cardinal Mazarin, who continued the policies of Richelieu and the Fronde. After the suppression of the uprising, the absolute monarchy was restored in France. During the reign of Louis XIV - the “Sun King” - France participated in several wars in Europe: 1635-1659. - war with Spain, 1672-1678. — Dutch War, 1688-1697. - War of the Palatinate Succession (War of the League of Augsburg) and 1701-1713. - War of the Spanish Succession.
In 1685, Louis revoked the Edict of Nantes, which led to the flight of Protestants to neighboring countries and the deterioration of the economic situation of France.
In 1715, after the death of Louis XIV, his great-grandson Louis XV ascended to the French throne, ruling until 1774.
1789 - The Great French Revolution.
1792 - First Republic.
1793-1794 - Jacobin terror.
1795 - capture of the Netherlands.
1797 - capture of Venice.
1798-1801 - Egyptian expedition.
1799-1814 - reign of Napoleon (proclaimed emperor in 1804; First Empire). In 1800-1812, Napoleon, through his campaigns of conquest, created a pan-European empire, and Italy, Spain and other countries were ruled by his relatives or proteges. After the defeat in Russia (see Patriotic War of 1812) and the next unification of the anti-Napoleonic coalition, Napoleon's power collapsed.
1815 - Battle of Waterloo.
1814-1830 - the period of the Restoration, based on the dualistic monarchy of Louis XVIII (1814/1815-1824) and Charles X (1824-1830).
1830 - July Monarchy. The revolution overthrows Charles X, power passes to Prince Louis-Philippe of Orleans, and the financial aristocracy comes to power.
1848-1852 - Second Republic.
1852-1870 - reign of Napoleon III - Second Empire.
1870-1940 - The Third Republic, proclaimed after the capture of Napoleon III near Sedan in the Franco-Prussian War of 1870-71. In 1879 - 80 the Workers' Party was created. At the beginning of the 20th century, the Socialist Party of France (under the leadership of J. Guesde, P. Lafargue and others) and the French Socialist Party (under the leadership of J. Jaurès) were formed, which united in 1905 (the French section of the workers' international, SFIO). By the end of the 19th century, the formation of the French colonial empire, which included vast possessions in Africa and Asia, was largely completed.
1870—1871 — Franco-Prussian War
1871 - Paris Commune (March - May 1871).
1914-1918 - France participated in the First World War as part of the Entente.
1939-1945 - World War II
1940 - Compiegne Armistice 1940 with Germany (surrender of France)
1940-1944 - German occupation of northern France, Vichy regime in southern France.
1944 - liberation of France by troops of the anti-Hitler coalition and the Resistance movement.
1946-1958 - Fourth Republic.
Fifth Republic
In 1958, the Constitution of the Fifth Republic was adopted, expanding the rights of the executive branch. Charles de Gaulle, General of the Liberation, hero of the First and Second World Wars, was elected President of the Republic. By 1960, amid the collapse of the colonial system, most of the French colonies in Africa gained independence. In 1962, after a bloody war, Algeria gained independence. Pro-French Algerians moved to France, where they formed a rapidly growing Muslim minority.
Mass unrest of youth and students (the May events in France 1968), caused by the aggravation of economic and social contradictions, as well as a general strike, led to an acute political crisis; President Charles de Gaulle, founder of the Fifth Republic, resigned (1969) and died on November 9, 1970, a year later.
In general, the post-war development of France was characterized by the accelerated development of industry and agriculture, the encouragement of national capital, economic and socio-cultural expansion into former African and Asian colonies, active integration within the European Union, the development of science and culture, strengthening social support measures, and opposition to “Americanization.” » culture.
Foreign policy under President De Gaulle was characterized by a desire for independence and the “restoration of the greatness of France.” In 1960, after successful tests of its own nuclear weapons, the country joined the “nuclear club”; in 1966, France left the NATO military structure (it returned only during the presidency of Nicolas Sarkozy); Charles De Gaulle did not support the European integration processes.
Gaullist Georges Pompidou was elected as the second president of the Fifth Republic in 1969, and from 1962 to 1968. served as prime minister.
In 1974, after the death of Pompidou, he was replaced by Valéry Giscard d'Estaing, a politician of liberal and pro-European views, founder of the centrist party Union for French Democracy.
From 1981 to 1995, the presidency was held by the socialist Francois Mitterrand.
From May 17, 1995 to May 16, 2007, Jacques Chirac was president, re-elected in 2002. He is a neo-Gaullist politician. Under him, in 2000, a referendum was held on the issue of reducing the presidential term in the country from 7 to 5 years. Despite the very low turnout (about 30% of the population), the majority ultimately voted in favor of reducing the sentence (73%).
Due to the growing number of people from African countries in France, the problem of migrants, many of whom are Muslims, has worsened: 10% of the French population are non-indigenous Muslims (mostly from Algeria). On the one hand, this causes an increase in the popularity of far-right (xenophobic) organizations among native French people, on the other hand, France is becoming an arena of riots and terrorist attacks. North African immigration dates back to the late 19th and early 20th centuries. The slowdown in the rate of natural population growth and the shortage of labor in France against the backdrop of economic growth made it necessary to attract foreign labor. The main areas of employment of immigrant labor are construction (20%), industries using flow-conveyor production (29%) and the service and trade sectors (48.8%). Due to low professional training, people from North Africa often become unemployed. In 1996, the average unemployment rate among foreigners from the Maghreb countries reached 32%. Currently, immigrants from the Maghreb countries make up more than 2% of the French population and are located mainly in three regions of the country, centered in Paris, Lyon and Marseille.
On May 16, 2007, the candidate from the Union for a Popular Movement party, Nicolas Sarkozy, who came from a Jewish family that emigrated to France from Hungary, became the President of France.
On July 21, 2008, the French Parliament narrowly supported the draft constitutional reform proposed by President Sarkozy. The current constitutional reform has become the most significant since the existence of the Fifth Republic, amending 47 of the 89 articles of the 1958 document. The bill included three parts: strengthening the role of parliament, updating the institution of executive power and providing citizens with new rights.
The most important changes:
- the president can serve no more than two consecutive terms;
— parliament acquires the right to veto some decisions of the president;
— government control over the activities of parliamentary committees is limited;
- in this case, the president receives the right to speak annually before parliament (this has been prohibited since 1875 in order to maintain the separation between the two powers);
— a referendum is envisaged on the issue of new members joining the EU.
The adoption of the new law caused active controversy. Critics of the project point out that the president will still receive the main benefits. Sarkozy is already being called the “hyper-president” and even the new “monarch” of France.
In March 2010, regional elections were held in France. Following two rounds of voting, 1,880 regional council councilors were elected. Elections took place in all 26 regions of the country, including 4 overseas. The current regional elections have already been dubbed a test of strength before the 2012 presidential elections.
The opposition coalition “Left Union” (UG) led by the “Socialist Party” (PS) won the elections. The coalition also includes the parties “Europe-Ecology” and “Left Front”. In the first round they scored 29%, 12% and 6% respectively, while the presidential party Union for a Popular Movement (UMP) received only 26%. According to the results of the second round, the “Left Union” received 54% of the votes, thus, out of 22 European regions of France, preference was given to it in 21. Sarkozy's party retained only the Alsace region.
The success of the far-right National Front, which received a total of about 2 million votes in the second round, that is, 9.17%, was also quite unexpected. The party made it to the second round of voting in 12 regions of the country, respectively, in each of them it received an average of 18% of the votes. Jean-Marie Le Pen himself, who headed the party list in the Provence-Alpes-Côte d'Azur region, achieved the best result in the history of his party here, gaining 22.87% of the votes and securing 21 of 123 deputy seats in the local council for his supporters. In the north of France, in the North-Pas-de-Calais region, 22.20% of voters cast their votes for the National Front, whose local list was headed by the daughter of party leader Marine Le Pen, which guaranteed the FN 18 of 113 seats in the regional council
Population
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The population of France numbered 63.8 million inhabitants in 2008, and in January 2010 - 65.4 million people. 62.8 million people live on the continental territory. In terms of population, the state ranks 20th among 193 UN member countries. The population density in France is 116 people/km². According to this indicator, the country ranks 14th among EU countries. The total fertility rate in France is one of the highest in Europe - 2.01 children per woman of reproductive age. There are 57 urban settlements in France with a population of more than 100,000 people. The largest of them (as of 2005): |
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| As of 2006, 10.1% of the population are of foreign origin (that is, they were not French citizens at the time of birth), of which 4.3% received French citizenship. | |
National composition
The French political lexicon does not use the concept of “national minority” or even “nationality” in the sense in which this word was understood in the Soviet Union and post-Soviet Russia. In the French lexicon, the word “nationality”, “nationalité” means exclusively “citizenship”, and the adjective “national, national”, “national, nationale” means belonging to the state - the French Republic, since the Republic comes from the nation, that is, the people to which it belongs state, national sovereignty, which is enshrined in Article 3 of the Constitution of the French Republic. Similarly, in the United States of America, for example, there are citizens of only one nationality - Americans, if you do not take into account foreigners living in the country legally or illegally for one reason or another. Thus, all French citizens are included in one category of official statistics: “French”.
Soviet encyclopedias provide data for 1975 on the ethnic composition of the country, without, however, providing a description of assessment methods: about 90% of the population were ethnic French. National minorities include Alsatians and Lorraineers (about 1.4 million people), Bretons (1.25 million people), Jews (about 500 thousand people), Flemings (300 thousand people), Catalans (250 thousand . people), Basques (140 thousand people) and Corsicans (280 thousand people).
The Alsatians speak the Alemannic dialect of German, the Lorraineers speak its Frankish dialects. The literary language for most Alsatians is German. Most Alsatians are Catholics; among the rural residents there are Protestants (Lutherans and Calvinists).
The Bretons speak Breton, a language of the Celtic group of the Indo-European family, which has four dialects: Treguieres, Cornish, Vannes and Leonard. It formed the basis of the literary language. Breton is spoken by about 200 thousand people in western Brittany. In eastern Brittany, the most common dialect of French is Gallo. But the main idea is not language, but general history, origin, special geographical origin, and therefore special economic activities. Brittany is the center of development of Celtic culture.
The Flemings live in the north of the country, in the so-called French Flanders. They speak southern Dutch. By religious affiliation they are mainly Catholics. Corsicans (self-name “Corsi”) inhabit the island of Corsica. They speak French. In everyday life, two Italian dialects are used: Chismontan and Oltremontan. They profess Catholicism.
Basques (self-name Euskaldunak - “Basque-speaking”) in France inhabit the regions of Labourg, Soule and Lower Navarre; in Spain - the provinces of Vizcaya, Guipuzcoa, Alava, Navarre. Basque is isolated, and it is also divided into dialects. The official languages spoken are French and Spanish. The Basques profess Catholicism.
Welfare
The French minimum hourly wage (SMIC) is set and revised by the government. For 2010, it is 8.86 €/hour, which corresponds to 1343.77 €/month (the conversion of hourly wages into monthly wages is carried out by INSEE based on a 35-hour working week).
Approximately 10% of wages in France are at the SMIC level (for temporary jobs this share is 23%). At the same time, the total annual income of approximately half of working French people is at the SMIC level.
The distribution of wages across the country is uneven: in terms of average wages, the Paris region is in the lead by a strong margin - 27 thousand euros per year, average wages in other regions are 18-20 thousand euros per year.
Family income is assessed per unit of consumption (UC) - the first adult in the family is considered one, the rest of the family members under 14 years old are considered 0.3, 14 years and above - 0.5. Only 10% of French families have an income level of over 35,700 €/MU, 1% - over 84,500 €/MU, 0.1% - over 225,800 €/MU, 0.01% - 687,900 €/MU.
Religion
France is a secular country, freedom of conscience is provided for by constitutional law. Here the doctrine of secularism (laїcité) was born and developed; in accordance with the law of 1905, the state was strictly separated from all religious organizations. The secular character of the republic is perceived as an identity. When the French nation ceases to be so united, then issues of a religious nature are perceived quite painfully.
According to surveys conducted in 2005, 34% of French citizens said they “believe in the existence of God,” 27% responded that they “believed in the existence of supernatural forces,” and 33% said they were atheists and did not believe in the existence of such forces.
According to a survey conducted in January 2007, 51% of French people consider themselves Catholics, 31% identify themselves as agnostics and/or atheists, 10% said they belong to other religious movements or have no opinion on this matter, 6-8% - Muslims, 3% - Protestants, 1% - Jews. According to Le Monde, 5 million people in France sympathize with Buddhism, but the religion is practiced by about 600,000 people. Of these, 65% practice Zen Buddhism.
Languages
The official language of the state is French, which is spoken by most of the population. Belongs to the Indo-European family of languages (Romance group, Gallo-Romance subgroup). It developed from folk Latin and went further from it than any other Romance language. Writing based on the Latin alphabet. Modern French comes from the so-called Langue d'Oil, a dialect of northern France, as opposed to Langue d'Oc, which was spoken in the south in the province of the same name. The separation between these two varieties of French was due to the way the word "yes" was pronounced. Currently, Langue d'Oil has almost replaced Langue d'Oc. Although to this day various dialects of the French language are used in France. In 1994, a language law (Tubon Law) was passed. It not only consolidated the French language as the language of the republic, but also protected the language from being displaced by foreign words and borrowings.
Physiographic characteristics
Geographical position
Most of France is located in Western Europe, its mainland borders on Belgium in the north, Luxembourg and in the northeast, Switzerland in the east, Monaco and Italy in the southeast, Spain in the southwest and Andorra. France is washed by four bodies of water (the English Channel, the Atlantic Ocean, the North Sea and the Mediterranean Sea). In the west and north, the country is washed by the Atlantic Ocean (Bay of Biscay and the English Channel), in the south by the Mediterranean Sea (Gulf of Lyon and the Ligurian Sea). The length of the sea borders is 5,500 kilometers. France is the largest country in Western Europe by territory: it occupies almost one-fifth of the territory of the European Union and has vast maritime spaces (the exclusive economic zone extends over an area of 11 million sq. km).
The state also includes the island of Corsica in the Mediterranean Sea and more than twenty overseas departments and dependent territories. The total area of the country is 550 thousand km² (643.4 thousand km² including overseas territories and departments).
Relief and geological structure
In the north and west of the country there are flat areas and low mountains. Plains make up 2/3 of the total territory. The main mountain ranges are: the Alps, the Pyrenees, the Jura, the Ardennes, the Massif Central and the Vosges. The Paris Basin is surrounded by the Armorican Massif, the Massif Central, the Vosges and the Ardennes. Around Paris there is a system of concentric ledges of ridges, separated by narrow strips of plains. The Garonne Lowland, located in southwestern France at the foot of the Pyrenees, is a flat region with fertile soils. The Landes, a triangular wedge-shaped area southwest of the lower Garonne, has less fertile soils and is covered with coniferous forests. The Rhône-Saône graben in southeastern France forms a narrow passage between the Alps to the east and the French Massif Central to the west. It consists of a series of small depressions separated by highly dissected uplifted areas.
In the central regions and in the east there are medium-high mountains (Massif Central, Vosges, Jura). The Central Massif, located between the basins of the Loire, Garonne and Rhone rivers, is the largest massif resulting from the destruction of the ancient Hercynian mountains. Like other ancient mountain regions of France, it rose during the Alpine era, with the softer rocks in the Alps folded into folds and the denser rocks of the massif broken by cracks and faults. Deep molten rocks rose through such disturbed zones, which was accompanied by volcanic eruptions. In the modern era, these volcanoes have lost their activity. However, many extinct volcanoes and other volcanic landforms remain on the surface of the massif. The Vosges, which separates the fertile Rhine Valley in Alsace from the rest of France, is only 40 km wide. The smoothed and forested surfaces of these mountains rise above the deep valleys. A similar landscape prevails in the north of the country in the Ardennes. The Jura Mountains, along which the border with Switzerland runs, are located between Geneva and Basel. They have a folded structure, composed of limestone, lower and less dissected compared to the Alps, but they were formed in the same era and have a close geological connection with the Alps.
In the southwest, along the border with Spain, lies the Pyrenees mountain range. During the Ice Age, the Pyrenees were not subject to powerful glaciation. There are no large glaciers and lakes, picturesque valleys and jagged ridges characteristic of the Alps. Due to the considerable altitude and inaccessibility of the passes, communications between Spain and France are very limited.
In the southeast, the Alps partially form the border of France with Switzerland (up to Lake Geneva) and extend slightly into southeastern France up to the Rhone. In the high mountains, rivers carved out deep valleys, and the glaciers that occupied these valleys during the Ice Age widened and deepened them. Here is also the highest point in France - the highest mountain in Western Europe - Mount Mont Blanc, 4807 m.
Climate
The climate on the European territory of France is temperate maritime, turning into temperate continental in the east, and subtropical on the southern coast. In total, three types of climate can be distinguished: oceanic (in the west), Mediterranean (in the south), continental (in the center and in the east). Summer is quite hot and dry - the average temperature in July reaches + 23-25 degrees, while the winter months are characterized by rain at an air temperature of + 7-8 ° C.
The main share of precipitation occurs in the period from January to April, and its total amount fluctuates between 600-1000 mm. On the western slopes of the mountains this figure can reach more than 2000 mm.
Water resources
All rivers of France, with the exception of some overseas territories, belong to the Atlantic Ocean basin, and most of them originate in the Massif Central, the Alps and the Pyrenees. The country's largest waterways:
The Seine (775 km) is a flat river that forms a widely branched system with large right tributaries the Marne and Oise, and a left tributary Ion. The Seine drains the Paris Basin and empties into the Atlantic Ocean at Le Havre. It is characterized by an even distribution of flow throughout the year, which is favorable for navigation, and is connected by canals with other rivers.
The Garonne (650 km) originates in the Spanish Pyrenees, flows through Toulouse and Bordeaux, and when it flows into the ocean it forms a vast estuary - the Gironde. Main tributaries: Tarn, Lot and Dordogne.
The Rhone (812 km) is the deepest river in France, begins in the Swiss Alps from the Rhone glacier, flows through Lake Geneva. Near Lyon, the Saône River flows into it. Other major tributaries are the Durance and Isère. The Rhône is characterized by fast turbulent flow and has great hydroelectric potential. A number of hydroelectric power stations have been built on this river.
The Loire (1020 km) is the longest river in France, beginning in the Massif Central. It receives many tributaries, the main of which are the Allier, Cher, Indre and Vienne. The Loire rises in the French Massif Central, crosses the southern part of the Paris Basin and flows into the Atlantic Ocean at Nantes. The water level in this river fluctuates greatly, so there are frequent floods.
A system of canals connects the country's main rivers, including the Rhine, which partly runs along the country's eastern border and is one of the most important inland routes in Europe. Rivers and canals are of great importance to the French economy.
Flora and fauna
Forests occupy 27% of the country's territory. Walnut, birch, oak, spruce and cork trees grow in the northern and western regions of the country. On the Mediterranean coast there are palm trees and citrus fruits. Among the representatives of the fauna, deer and fox stand out. Roe deer live in alpine regions, and wild boar survive in remote forests. It is also home to a large number of different species of birds, including migratory ones. Reptiles are rare, and among snakes there is only one poisonous one - the common viper. The coastal sea waters are home to many species of fish: herring, cod, tuna, sardine, mackerel, flounder and silver hake.
Protected areas
The French national park system consists of nine parks located both in European France and in its overseas territories. The parks are managed by the government agency French National Parks Authority. They occupy 2% of the territory of European France, and are visited by 7 million people a year.
In France, there is also a structure of regional natural parks, introduced by law on March 1, 1967. Regional nature parks are created by agreement between local authorities and the central government, and their territory is reviewed every 10 years. As of 2009, there are 49 regional natural parks in France.
Economy
France is a highly developed industrial-agrarian country and occupies one of the leading places in the world in terms of industrial production. Gross domestic product stands at 1.9 trillion euros ($2.6 trillion) in 2009. GDP per capita in the same year was 30,691 euros ($42,747). The IMF predicts that France's GDP will increase by 21% by 2015. France is the 6th economic power in the world after the USA, and. With a metropolitan area of 551,602 km² and a population of 64 million inhabitants, including overseas territories, France is considered a "large" country. And its economic weight allows it to play one of the key roles in the international arena. France enjoys its natural advantages, ranging from its central geographical location in Europe to its access to the main trade routes of Western Europe: the Mediterranean Sea, the English Channel, and the Atlantic.
In this regard, the European Common Market, established in 1957, has been a beneficial factor for the development of French enterprises, although former colonies and overseas territories continue to be significant commercial partners.
Industry
Iron and uranium ores and bauxite are being mined. The leading branches of the manufacturing industry are mechanical engineering, including automotive, electrical and electronic (TVs, washing machines, etc.), aviation, shipbuilding (tankers, sea ferries) and machine tool building. France is one of the world's largest producers of chemical and petrochemical products (including caustic soda, synthetic rubber, plastics, mineral fertilizers, pharmaceutical products and others), ferrous and non-ferrous (aluminium, lead and zinc) metals. French clothing, shoes, jewelry, perfumes and cosmetics, cognacs, and cheeses (about 400 varieties are produced) are very famous on the world market.
Agriculture
France is one of Europe's largest producers of agricultural products and occupies one of the leading places in the world in the number of cattle, pigs, poultry and the production of milk, eggs, and meat. Agriculture accounts for approximately 4% of GDP and 6% of the country's working population. France's agricultural products account for 25% of EU production. Agricultural land covers an area of 48 million hectares, representing 82% of the metropolitan area. A characteristic feature of the socio-economic structure is the fairly small size of farms. The average land area is 28 hectares, which exceeds the corresponding indicators of many EU countries. There is great fragmentation in land ownership. More than half of the farms exist on the land of the owners. Large farms are the leading force in production. 52% of agricultural land falls on farms larger than 50 hectares, which account for 16.8% of the total. They provide over 2/3 of production, occupying a dominant position in the production of almost all branches of agriculture. The main branch of agriculture is animal husbandry for meat and dairy production. Grain farming predominates in crop production; The main crops are wheat, barley, corn. Winemaking (leading place in the world in wine production), vegetable growing and horticulture are developed; floriculture; fishing and oyster farming. Agricultural products: wheat, cereals, sugar beets, potatoes, wine grapes; beef, dairy products; fish. Agriculture is highly industrialized. In terms of technology and the use of chemical fertilizers, it is second only to the Netherlands, Germany, and Denmark. Technical equipment and improved agricultural cultivation of farms led to an increase in the country's level of self-sufficiency in agricultural products. For grains and sugar it exceeds 200%, for butter, eggs, and meat - over 100%.
Winemaking
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Only Italy competes with France in wine production. Each province grows its own grape varieties and produces its own wines. Dry wines predominate. Such wines are usually named by grape variety - Chardonnay, Sauvignon Blanc, Cabernet Sauvignon, etc. Blended wines, that is, made from a mixture of grape varieties, are named by location. In France, champagne, Anjou, Bordeaux and Burgundy wines are especially famous.
Another famous drink is cognac. This is a type of brandy or grape vodka. There are other varieties, such as Armagnac. In France, it is customary to call cognac only the drink that is produced in the vicinity of the city of Cognac. Cognac is usually not eaten with anything; occasionally gourmets will add black radish to the aftertaste.
Another strong drink popular in Normandy is Calvados.
Energy and mining
Every year France consumes about 220 million tons of various types of fuel, with nuclear power plants playing a significant role in energy production, generating three quarters of the electricity produced (58 power units with a total capacity of 63.13 GW as of June 1, 2011). The largest electricity producer in France is the historical monopoly Électricité de France (EDF).
France's hydroelectric network is the largest in Europe. There are about 500 hydroelectric power stations on its territory. France's hydroelectric stations generate 20,000 MW of power.
Forests make up more than 30% of the territory, placing France in third place after Sweden and Finland in terms of area among the countries of the European Union. Since 1945, the forest area in France has increased by 46% and has doubled in the last 200 years. In France there are 136 species of trees, which is very rare for a European country. The number of large animals is also increasing here: over the past 20 years, the number of deer has doubled, and the number of roe deer has tripled.
France has significant reserves of iron ore, uranium ores, bauxite, potassium and rock salts, coal, zinc, copper, lead, nickel, oil, and wood. The main coal mining regions are Lorraine (9 million tons) and the coalfields of the Massif Central. Since 1979, coal imports have exceeded its production. Currently, the largest suppliers of this type of fuel are the USA, Australia and South Africa. The main consumers of oil and petroleum products are transport and thermal power plants, while France imports oil from Saudi Arabia, Iran, Great Britain, Norway, Russia, Algeria and a number of other countries. Gas production does not exceed 3 billion cubic meters. m. One of the largest gas fields in France - Lac in the Pyrenees - has been mostly depleted. The main gas suppliers are Norway, Algeria, Russia, the Netherlands, Great Britain, Nigeria and Belgium. Gaz de France is one of the largest gas companies in Europe. The company's main activities are exploration, production, marketing and distribution of natural gas. To preserve and increase the natural wealth of France, the state created:
— 7 national parks (for example, Parc national de la Vanoise, Parc national de la Guadeloupe, Parc National des Pyrénées, etc.),
— 156 nature reserves,
— 516 biotope protection zones,
- 429 sites under Coast Guard protection,
— 43 natural regional parks, covering more than 12% of the entire territory of France.
France allocated 47.7 billion euros for environmental protection in 2006, which amounts to 755 euros per inhabitant. Recycling of wastewater and waste accounts for 3/4 of this waste. France participates in many international agreements and conventions, including those developed by the United Nations on climate, biodiversity and desertification.
Transport
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Railway connection
Rail transport in France is very developed. Local and overnight trains, including TGV (Trains à Grande Vitesse - high-speed trains) connect the capital with all major cities of the country, as well as with neighboring European countries. The speed of these trains is 320 km/h. France's railway network is 29,370 kilometers long, making it the longest railway network in Western Europe. There are rail connections with all neighboring countries except Andorra.
Metro in France is available in Paris, Lyon, Marseille, Lille, Toulouse, Rennes. In Rouen there is a partially underground high-speed tram. In addition to the metro system, Paris has a RER (Reseau Express Regional) network, connected to both the metro system and the commuter train network.
Road transport
The road network covers the entire territory of the country quite densely. The total length of roads is 951,500 km.
The main roads in France are divided into the following groups:
Highways - the name of the road is made up of the letter A followed by the road number. The permissible speed is 130 km/h, the mandatory presence of gas stations every 50 km, a concrete dividing strip, no traffic lights or pedestrian crossings.
National roads - prefix N. Permissible speed - 90 km/h (if there is a concrete median - 110 km/h).
Departmental roads - prefix D. Permissible speed - 90 km/h.
In cities, the permissible speed is 50 km/h. The use of seat belts is mandatory. Children under 10 years old must be transported in special seats.
Aviation transport
There are about 475 airports in France. 295 of them have paved or concrete runways, and the remaining 180 are unpaved (2008 data). The largest French airport is Roissy-Charles de Gaulle Airport, located in the suburbs of Paris. The national French air carrier Air France operates flights to almost every country in the world.
Trade and services
Exports: engineering products, including transport equipment (about 14% of the value), cars (7%), agricultural and food products (17%; one of the leading European exporters), chemicals and semi-finished products, etc.
Tourism
However, income from international tourism is much higher in the United States ($81.7 billion) than in France ($42.3 billion), which is explained by the shorter stay of tourists in France: those who come to Europe tend to visit neighboring, no less attractive countries. In addition, the French tourist is more family than business, which also explains the lower spending of tourists in France.
In 2010, about 76.8 million people visited France—an absolute record. The external balance of French tourism is positive: in 2000, tourism income amounted to 32.78 billion euros, while French tourists traveling abroad spent only 17.53 billion euros.
What undoubtedly attracts visitors to France is the wide variety of landscapes, long lines of ocean and sea coasts, a temperate climate, many different monuments, as well as the prestige of French culture, cuisine and lifestyle.
Culture and art
France has a huge cultural heritage. It is rich, diverse, reflecting wide regional differences, as well as the influence of waves of immigration from different eras. France gave civilization great mathematicians, numerous philosophers, writers, artists, the Age of Enlightenment, the language of diplomacy, a certain universal concept of man and much more. French has been one of the major international languages for many centuries, and largely retains this role to this day. For long periods of its history, France was the main cultural center, spreading its achievements throughout the world. In many areas, such as fashion or cinema, it still maintains a leading position in the world. The headquarters of UNESCO, the United Nations Educational, Scientific and Cultural Organization, is located in Paris.
Architecture
On the territory of France, significant monuments of both ancient architecture, primarily in Nîmes, and the Romanesque style, which became most widespread in the 11th century, have been preserved. Characteristic representatives of the latter are, for example, the cathedrals of the Basilica of Saint Saturnin in Toulouse, the largest Romanesque church in Europe, and the Church of Notre-Dame-la-Grand in Poitiers. However, medieval French architecture is primarily known for its Gothic structures. The Gothic style arose in France in the middle of the 12th century; the first Gothic cathedral was the Basilica of Saint-Denis (1137-1144). The most significant works of the Gothic style in France are considered to be the cathedrals of Chartres, Amiens and Reims, but in general there are a huge number of monuments of the Gothic style left in France, from chapels to huge cathedrals. In the 15th century, the period of the so-called “flaming Gothic” began, from which only isolated examples have reached us, such as the Saint-Jacques Tower in Paris or one of the portals of Rouen Cathedral. In the 16th century, starting with the reign of Francis I, the Renaissance began in French architecture, well represented by the castles in the Loire Valley - Chambord, Chenonceau, Cheverny, Blois, Azay-le-Rideau and others - as well as the Fontainebleau Palace.
The 17th century is the heyday of Baroque architecture, characterized by the creation of large palace and park ensembles, such as Versailles and the Luxembourg Gardens, and huge domed buildings, such as the Val de Grace or the Invalides. Baroque was replaced by classicism in the 18th century. The first examples of urban planning, with straight streets and perspectives, and the organization of urban space, such as the Champs Elysees in Paris, date back to this era. Examples of classicist architecture proper include many Parisian monuments, for example, the Pantheon (former church of Saint-Geneviève) or the Church of the Madeleine. Classicism gradually turns into Empire style, the style of the first third of the 19th century, the standard of which in France is the arch on Place Carrousel. In the 1850-1860s, a complete redevelopment of Paris was carried out, as a result of which it took on a modern look, with boulevards, squares and straight streets. In 1887-1889, the Eiffel Tower was erected, which, although it met with significant rejection from its contemporaries, is currently considered one of the symbols of Paris. In the 20th century, modernism spread throughout the world, in the architecture of which France no longer played a leading role, but in France, nevertheless, excellent examples of the style were created, such as the church in Ronchamp, built by Le Corbusier, or built according to a specially designed plan of the business district of Paris La Défense with the Grand Arch.
art
Although France produced wonderful examples of medieval art (sculpture of Gothic cathedrals, paintings by Jean Fouquet, book miniatures, the pinnacle of which is considered to be the Magnificent Book of Hours of the Duke of Berry by the Limburg brothers) and Renaissance art (Limoges enamels, paintings by François Clouet, the Fontainebleau school) and the 17th century (Georges de La Tour ), French art was always in the shadow of other countries, primarily Italy and the Netherlands. In the 17th century, the greatest French masters (painters Nicolas Poussin and Claude Lorrain, sculptor Pierre Puget) spent a significant part of their lives in Italy, which was considered at that time the center of world art. The first style of painting to emerge in France was the Rococo style in the 18th century, the largest representatives of which were Antoine Watteau and Francois Boucher. In the second half of the 18th century, French painting, having passed through Chardin's still lifes and Greuze's portraits of women, came to classicism, which dominated French academic art until the 1860s. The main representatives of this trend were Jacques Louis David and Dominique Ingres.
At the same time, pan-European artistic movements developed in France that significantly diverged from the official academic direction: romanticism (Theodore Gericault and Eugene Delacroix), orientalism (Jean-Leon Gerome), the realistic landscape of the “Barbizon School”, the most prominent representatives of which were Jean-François Millet and Camille Corot, realism (Gustave Courbet, partly Honoré Daumier), symbolism (Pierre Puvis de Chavannes, Gustave Moreau). However, only in the 1860s did French art make a qualitative breakthrough, which brought France into undisputed leadership in world art and allowed it to maintain this leadership until the Second World War. This breakthrough is associated primarily with the work of Edouard Manet and Edgar Degas, and then with the Impressionists, the most notable of whom were Auguste Renoir, Claude Monet, Camille Pissarro and Alfred Sisley, as well as Gustave Caillebotte.
At the same time, other outstanding figures were the sculptor Auguste Rodin and Odilon Redon, who did not belong to any movements. Paul Cézanne, who initially joined the Impressionists, soon moved away from them and began working in a style later called post-impressionism. Post-impressionism also includes the work of such major artists as Paul Gauguin, Vincent van Gogh and Henri de Toulouse-Lautrec, as well as new artistic movements that constantly emerged in France at the end of the 19th and beginning of the 20th centuries, which then spread throughout Europe, influencing other art schools. These are pointillism (Georges Seurat and Paul Signac), the Nabi group (Pierre Bonnard, Maurice Denis, Edouard Vuillard), Fauvism (Henri Matisse, Andre Derain, Raoul Dufy), cubism (early works of Pablo Picasso, Georges Braque). French art also responded to the main trends of the avant-garde, such as expressionism (Georges Rouault, Chaim Soutine), the stand-out painting of Marc Chagall or the surreal works of Yves Tanguy. After the German occupation in World War II, France lost its leadership in world art.
Literature
The earliest surviving works of literature in Old French date back to the end of the 9th century, but the flowering of French medieval literature began in the 12th century. Epic (The Song of Roland), allegorical (The Romance of the Rose) and satirical (The Romance of the Fox) poems, chivalric literature, primarily Tristan and Isolde and the works of Chrétien de Troyes, and the poetry of the Trouvères were created. At the same time, in Southern France in the 12th century, the poetry of the troubadours, who wrote in the Old Provençal language, reached its peak. The most outstanding poet of medieval France was Francois Villon.
Rabelais' proto-novel "Gargantua and Pantagruel" marked the divide in French literature between the Middle Ages and the Renaissance. The greatest master of Renaissance prose not only in France, but also on a pan-European scale, was Michel Montaigne in his Essays. Pierre Ronsard and the Pleiades poets tried to “ennoble” the French language on the model of Latin. The development of the literary heritage of antiquity reached a new level in the 17th century, with the advent of the era of classicism. French philosophers (Descartes, Pascal, La Rochefoucauld) and grand siècle playwrights (Cornel, Racine and Molière), and, to a lesser extent, prose writers (Charles Perrault) and poets (Jean de La Fontaine) gained pan-European fame.
During the Age of Enlightenment, French educational literature continued to dictate the literary tastes of Europe, although its popularity was not durable. Among the most significant monuments of French literature of the 18th century are three novels: “Manon Lescaut”, “Dangerous Liaisons”, “Candide”. The rational-impersonal poetry of that time is now practically never republished.
After the Great French Revolution comes the era of romanticism, beginning in France with the work of Chateaubriand, the Marquis de Sade and Madame de Staël. The traditions of classicism turned out to be very tenacious, and French romanticism reached its peak relatively late - in the middle of the century in the work of Victor Hugo and several less significant figures - Lamartine, de Vigny and Musset. The ideologist of French romanticism was the critic Sainte-Beuve, and his most popular works remain the historical adventure novels of Alexandre Dumas.
Since the 1830s, the realistic trend has become increasingly noticeable in French literature, towards which the “poet of feelings” Stendhal and the concisely laconic Mérimée evolved. The largest figures of French realism are considered Honore de Balzac (The Human Comedy) and Gustave Flaubert (Madame Bovary), although the latter defined himself as a neo-romantic (Salammbô). Under the influence of Madame Bovary, the “Flaubert school” was formed, generally defined as naturalism and represented by the names of Zola, Maupassant, the Goncourt brothers and the satirist Daudet.
In parallel with naturalism, a completely different literary direction is developing. The literary group of Parnassians, represented in particular by Théophile Gautier, set as its task the creation of “art for art’s sake.” Adjacent to the Parnassians is the first of the “damned poets,” Charles Baudelaire, the author of the epoch-making collection “Flowers of Evil,” which bridged the era of “frantic” romanticism (Nerval) to the pre-decadent symbolism of Verlaine, Rimbaud and Mallarmé.
During the 20th century, fourteen French writers were awarded the Nobel Prize. The most striking monument of French modernism is Marcel Proust’s “flow novel” In Search of Lost Time, which grew out of the teachings of Henri Bergson. The influential publisher of the Nouvelle Revue Française magazine, Andre Gide, also took the position of modernism. The work of Anatole France and Romain Rolland evolved towards socio-satirical issues, while Francois Mauriac and Paul Claudel tried to comprehend the place of religion in the modern world.
In the poetry of the early 20th century, Apollinaire’s experimentation was accompanied by a revival of interest in “Racine” verse (Paul Valéry). In the pre-war years, surrealism became the dominant direction of the avant-garde (Cocteau, Breton, Aragon, Eluard). In the post-war period, surrealism was replaced by existentialism (the stories of Camus), with which the dramaturgy of the “theater of the absurd” (Ionesco and Beckett) is associated. The largest phenomena of the postmodern era were the “new novel” (ideologist Robbe-Grillet) and the group of language experimenters ULIPO (Raymond Queneau, Georges Perec).
In addition to authors who wrote in French, major representatives of other literatures, such as the Argentinean Cortazar, worked in France, especially in the 20th century. After the October Revolution, Paris became one of the centers of Russian emigration. Such significant Russian writers and poets as, for example, Ivan Bunin, Alexander Kuprin, Marina Tsvetaeva or Konstantin Balmont worked here at different times. Many, like Gaito Gazdanov, became established writers in France. Many foreigners, like Beckett and Ionesco, began to write in French.
Music
French music has been known since the time of Charlemagne, but world-class composers: Jean Baptiste Lully, Louis Couperin, Jean Philippe Rameau - appeared only in the Baroque era. The heyday of French classical music came in the 19th century. The era of Romanticism is represented in France by the works of Hector Berlioz, primarily his symphonic music. In the middle of the century, such famous composers as Camille Saint-Saens, Gabriel Fauré and Cesar Frank wrote their works, and at the end of the 19th century a new direction of classical music developed in France - impressionism, associated with the names of Erik Satie, Claude Debussy and Maurice Ravel. In the 20th century, classical music in France developed in the general mainstream of world music. Famous composers, including Arthur Honegger, Darius Milhaud and Francis Poulenc, are formally grouped together as the Six, although their work has little in common. The work of Olivier Messiaen cannot be attributed to any direction of music at all. In the 1970s, the technique of “spectral music”, which later spread throughout the world, was born in France, in which music is written taking into account its sound spectrum.
In the 1920s, jazz spread in France, the largest representative of which was Stéphane Grappelli. French pop music developed along a different path than English-language pop music. Thus, the rhythm of the song often follows the rhythm of the French language (this genre is designated as chanson). In chanson, the emphasis can be placed on both the words of the song and the music. In this genre of extraordinary popularity in the middle of the 20th century. reached Edith Piaf, Charles Aznavour. Many chansonniers themselves wrote poems for songs, such as Georges Brassens. In many regions of France, folk music is being revived. As a rule, folk groups perform compositions from the early 20th century, using piano and accordion.
In the second half of the 20th century. In France, ordinary pop music also became widespread, the performers of which were, for example, Mireille Mathieu, Dalida, Joe Dassin, Patricia Kaas, Mylene Farmer, Lara Fabian, Lemarchal Gregory.
The French have made a particularly significant contribution to electronic music. Jean-Michel Jarre's Space and Rockets projects were among the pioneers of this genre. In early French electronica, the synthesizer played a central role, as did science fiction and space aesthetics. In the 1990s, other electronic genres developed in France, such as trip-hop (Air, Télépopmusik), new age (Era), house (Daft Punk), etc.
Rock music in France is not as popular as in northern Europe, but the genre is well represented on the French scene. Among the patriarchs of French rock of the 1960s and 70s, it is worth noting the progressive Art Zoyd, Gong, Magma. The key bands of the 80s are post-punks Noir Désir, metallers Shakin' Street and Mystery Blue. The most successful groups of the last decade are metallers Anorexia Nervosa and rapcore performers Pleymo. The latter are also associated with the hip-hop scene of France. This “street” style is very popular among the non-indigenous population, Arab and African immigrants. Some performers from immigrant families have achieved mass fame, for example K. Maro, Diam's, MC Solaar, Stromae. On June 21, Music Day is widely celebrated in France.
Theater
The tradition of theatrical performances in France dates back to the Middle Ages. During the Renaissance, theatrical performances in cities were tightly controlled by guilds; Thus, the guild "Les Confrères de la Passion" had a monopoly on mystery plays in Paris, and at the end of the 16th century - on all theatrical performances in general. The Guild rented premises for the theater. In addition to public theaters, performances were given in private homes. Women could participate in performances, but all actors were excommunicated. In the 17th century, theatrical performances were finally divided into comedies and tragedies; Italian commedia dell'arte was also popular. Permanent theaters appeared; in 1689, two of them were united by decree of Louis XIV, forming the Comédie Française. It is currently the only French repertory theater funded by the government. Traveling troupes of actors spread across the provinces. At the end of the 17th century, French theater was completely dominated by classicism, with the concept of the unity of place, time and action. This concept ceased to be dominant only in the 19th century, with the emergence of romanticism, and then realism and decadent movements. Sarah Bernhardt is considered the most famous French dramatic actress of the 19th century. In the 20th century, French theater was exposed to avant-garde movements, and later was strongly influenced by Brecht. In 1964, Ariane Mnouchkine and Philippe Léotard created the Théâtre du Soleil to bridge the gap between actors, playwrights and audiences.
There is a strong circus school in France; in particular, in the 1970s, the so-called “new circus” arose here (at the same time as the UK, Australia and the USA), a type of theatrical performance in which a plot or theme is conveyed to the audience using circus techniques.
Cinema
Despite the fact that France was the place where cinema was invented at the end of the 19th century, the modern appearance of French cinema was formed after the Second World War, after understanding the legacy of the war and the German occupation. After a series of anti-fascist films, an important turn of French cinema to humanism took place. After the war, the best film adaptations of French classics gained worldwide fame: “The Abode of Parma” (1948), “The Red and the Black” (1954), “Therese Raquin” (1953). Back in the late 1950s, A. Rene’s innovative film “Hiroshima, my love” (1959) played a very important role in the development of French cinema. In the late 1940s and early 1950s, brilliant actors gained fame: Gerard Philip, Bourville, Jean Marais, Marie Cazares, Louis de Funes, Serge Reggiani and others.
At the peak of the “new wave” of French cinema, more than 150 new directors appeared in a short period of time, among whom the leading places were taken by Jean-Luc Godard, Francois Truffaut, Claude Lelouch, Claude Chabrol, Louis Malle. Then came the still famous musical films directed by Jacques Demy - “The Umbrellas of Cherbourg” (1964) and “The Girls from Rochefort” (1967). As a result, France has become one of the centers of world cinema, attracting the best filmmakers from all over the world. Directors such as Bertolucci, Angelopoulos or Ioseliani made films wholly or partly produced in France, and many foreign actors starred in French films.
In the 1960s and 1970s, a whole galaxy of actors appeared in French cinema, among whom the most famous were Jeanne Moreau, Jean-Louis Trintignant, Jean-Paul Belmondo, Gerard Depardieu, Catherine Deneuve, Alain Delon, Annie Girardot. French comedians Pierre Richard and Coluche became popular.
Modern French cinema is a rather sophisticated film in which the psychology and drama of the plot are combined with some piquancy and artistic beauty of filming. The style is determined by fashion directors Luc Besson, Jean-Pierre Jeunet, Francois Ozon, Philippe Garrel. Popular actors are Jean Reno, Audrey Tautou, Sophie Marceau, Christian Clavier, Matthew Kassovitz, Louis Garrel. The French government actively promotes the development and export of national cinema.
Since 1946, International Film Festivals have been held in Cannes. In 1976, the annual national film award “Cesar” was established.
Freemasonry
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In continental Europe, Freemasonry is most numerous in France, both in the number of members of Masonic lodges and in the number of Grand Lodges in one country. It is represented by all directions of all obediences existing in the world. The number of Freemasons in France is more than 200,000 people. Traditionally, the most represented in France are the liberal lodges, such as the Grand Orient of France, the Order of the Right of Man, the Grand Female Lodge of France, the Grand Mixed Lodge of France, the Grand Female Lodge of the Rite of Memphis-Misraim, the Grand Symbolic Lodge of France of the Rite of Memphis-Misraim. Many prominent figures in France were Freemasons, leaving their mark on the history of the country and influencing its development. Members of the Masonic lodges were: Voltaire, Hugo, Jaurès, Blanqui, Rouget de Lisle, Briand, Andre Citroen and many, many more... |
| Mariana. One of the emblems of French Freemasonry. (1879) | |
Education and science
Education in France is compulsory from 6 to 16 years of age. The basic principles of French education: freedom of teaching (public and private institutions), free education, neutrality of education, laïcité of education.
Higher education
Higher education is only available with a bachelor's degree. The higher education system in France is distinguished by a wide variety of universities and disciplines offered. Most higher education institutions are public and report to the French Ministry of Education. Historically, two types of higher education institutions have developed in France:
universities
"Great Schools"
Universities train teachers, doctors, lawyers, and scientists.
"Higher Schools"
They train highly professional specialists in the fields of engineering, management, economics, military affairs, education and culture. You can enter higher school after two or three years of study in preparatory classes in your chosen field. Students who have completed the first two years of higher education at the university with honors can also enter “higher schools” without competition, but the number of places for them is quite limited (no more than 10%). After preparatory classes, students undergo one or more competitions for admission to “higher schools.” Usually one competition brings together several schools.
For “higher schools” teaching engineering sciences, there are six competitions for admission:
Ecole Polytechnique;
ENS;
Mines-Ponts;
Centrale-Supelec;
CCP;
e3a.
“Higher schools” are actually opposed to the state system of higher university education in France and are very difficult to comparatively classify at the international level. Studying at the “Superior Schools” is considered much more prestigious in France than at universities (which bear some of the imprint of a second-class system, since they do not involve any selection for admission and function on the principle of free enrollment and free education). Unlike universities, higher schools must pass difficult entrance exams with great competition for applicants. It is much more difficult to enter “Higher Schools,” but the professional prospects upon completion are incomparably better: graduates are not only guaranteed full employment, but most often the most prestigious and lucrative jobs in the public and private sectors.
Students of some Schools, such as ENAC (National School of Civil Aviation), receive scholarships as future civil servants. Created on the initiative of government authorities and private entrepreneurs to train specialists in specific areas of economic activity or employees of government bodies. Thus, higher pedagogical schools train teachers, the Polytechnic School and the Saint-Cyr School train military specialists, and the National Historical and Archival School trains archivists and custodians of national property. Five Catholic institutes are also classified as higher schools. The Higher Schools program usually has two cycles. The first two-year preparatory cycle can be completed both on the basis of the Big School itself and on the basis of some elite lyceums. At the end of the second cycle, the student receives a Big School diploma. Upon completion of training, graduates are required to work in the public service for 6-10 years, thus reimbursing the state expenses spent on their training. In addition, there are many special schools under departmental subordination.
A special place among all educational and training institutions, and even among Les Grandes Ecoles, is occupied by the National School of Administration under the Prime Minister of France - ENA. ENA ranks first not so much in terms of the level of education (it is clearly surpassed in international recognition by the Polytechnic School), but in terms of the prospects for career growth and life success it offers. Students and graduates of the school are called “enarques” (French énarque). The vast majority of French ENA graduates (about six thousand since 1945) have become leading government politicians, heads of French institutions, parliamentarians, senior officials, diplomats and members of international organizations, judges of the highest courts, lawyers of the Council of State, administrative and financial controllers of the highest rank, managers and top management of the largest state and international firms and banks, media and communications. The ENA gave France two presidents, seven prime ministers, a large number of ministers, prefects, senators and deputies of the National Assembly. The Soviet equivalents of the ENA could be considered the Academy of Social Sciences under the CPSU Central Committee, the Diplomatic Academy of the USSR Ministry of Foreign Affairs and the Academy of National Economy under the Council of Ministers of the USSR combined. The modern Russian equivalent of ENA is the Russian Academy of Public Administration under the President of the Russian Federation, the Academy of National Economy under the Government of the Russian Federation and the Diplomatic Academy of the Russian Foreign Ministry combined.
The science
In France, there is a large center for scientific research - CNRS (Centre national de la recherche scientifique - national center for scientific research).
In the field of nuclear energy, the scientific center CEA (Comissariat à l'énergie atomique) stands out.
In the field of space research and space instrument design, CNES (Centre national d'études spatiales) is the largest scientific center in France. CNES engineers also developed several projects together with Soviet engineers.
France is actively involved in European scientific projects, for example, in the Galileo satellite navigation system project or in the Envisat project, a satellite that studies the Earth's climate.
mass media
Television and radio broadcasting
In 1995, 95% of French households had a television in their home.
Several public (France-2, France-3, France-5, Arté - the latter jointly with Germany) and private (TF1, Canal+ (pay channel), M6) television companies operate in the UHF range.
With the advent of digital terrestrial television in 2005, the range of available free channels has expanded. Since 2009, a gradual abandonment of analogue television has begun, the complete shutdown of which in France is planned for 2013.
Many thematic state radio stations broadcast on FM: France Inter, France Info (news), France Bleu (local news), France Culture (culture), France Musique (classical music, jazz), FIP (music), Le Mouv" ( youth rock radio station) and others.
France has a radio station, Radio France internationale (RFI), with an audience of 44 million people and broadcasting in 13 languages.
In 2009, it is planned to determine the conditions for the transition of radio stations to digital broadcasting with the goal of completely abandoning analogue technologies by 2011. Songs on French radio should occupy at least 40% of the time.
Magazines and newspapers
Popular magazines include Paris Match (illustrated weekly news magazine), Femme actuelle, Elle and Marie-France (magazines for women), L'Express, Le Point and Le Nouvel Observateur ( newsweeklies), “Télé7 jours” (television programs and news).
Among daily newspapers of national importance, the largest circulations are Le Figaro, Le Parisien, Le Monde, France Soir and La Libération. The most popular specialized magazines are L’Equipe (sports) and Les Echos (business news).
Since the early 2000s, free daily press, financed by advertising, has become widespread: 20 minutes (the leader in the French press in terms of readership), Direct Matin, the international newspaper Metro, as well as many local publications.
There are also many regional daily newspapers, the most famous of which is Ouest-France, which has a circulation of 797 thousand copies, almost twice the circulation of any national daily newspaper.
Sport
Olympic Games
French athletes have been participating in the Olympic Games since 1896. In addition, the Summer Olympic Games were held twice in Paris - in 1900 and 1924, the Winter Olympic Games were held three times in three different cities - Chamonix (1920), Grenoble (1968) and Albertville (1992).
Football
The French national football team won the World Cup in 1998 and the European Championship in 1984 and 2000.
Cycling race Tour de France
Since 1903, France has hosted the most prestigious cycling race in the world, the Tour de France. The race, starting in June, consists of 21 stages, each lasting one day.
Holidays
The main holidays are Christmas (December 25), New Year, Easter, Bastille Day (July 14).
In the years since the fall of the Bastille in 1789, the country has adopted 16 constitutions. The current constitution of 1958 (the 17th constitution since the Declaration of 1789) formalized the creation of the Fifth Republic in France.
The Constitution of the Fifth Republic, developed under the leadership of General Charles de Gaulle, was approved by a referendum held on September 28, 1958 in France itself and in its overseas departments, and came into force on October 4, 1958. The Basic Law of France consists of three documents: the Declaration of the Rights of Man and the Citizen of 1789, adopted during the French Revolution; the preamble to the 1946 constitution, adopted during the rise of the democracy movement after World War II; Constitution of 1958, which contains references to a number of international acts in which France participates (including the 1992 Treaty on European Union), and therefore some French lawyers include them in the “constitutional block”.
The French Constitution of 1958 is small in scope. Along with a short preamble, it contains 93 articles, combined into 15 sections (Section 13 “On the Community” and 17 “Transitional Regulations” were repealed in 1995).
The 1958 Constitution does not contain provisions on the socio-economic structure of society; it contains almost no provisions on the political system (except for the article on parties) and on the legal status of individuals. Separate provisions of a socio-economic nature are contained in the Declaration of 1789 (on property, on equal taxation taking into account the condition of citizens); some economic, political and social principles are named in the preamble of the 1946 constitution. The Declaration of 1789 and the preamble of the 1946 Constitution also list a number of personal rights of citizens and socio-economic rights (freedom of speech, presumption of innocence, equality before the law, the right to education, health care, etc.).
The 1958 Constitution mainly regulates the relations between state bodies. It proclaims the principle of national sovereignty, which is exercised by the people through their representatives and in a referendum, as well as the creation of the French Community on the basis of free self-determination of the peoples of the colonies (the Community actually ceased to exist in the 1960s, and was legally abolished by constitutional reform in 1995) . The 1958 Constitution confirmed the motto of the republic from the time of the first revolution at the end of the 18th century: “Liberty, Equality, Fraternity”; she proclaimed the principle of the republic: “Government of the people, by the will of the people and for the people” (this formulation was first officially proclaimed in the USA in the 19th century); determined the basic conditions for the creation of political parties and their role; declared that the republican form of government could not be subject to revision. The constitution defines the relationship between domestic and international law: treaties and agreements ratified by France take precedence over domestic legislation, subject to reciprocity.
The main feature of the 1958 constitution is the concentration of political power in the hands of the executive bodies. The concentration of power in the hands of the head of state and government is one of the manifestations of the constitutionally enshrined authoritarian tendency in the French political regime. The President is at the top of the hierarchy of government bodies. A referendum held on October 28, 1962 approved a constitutional amendment providing for the election of the president by direct popular vote rather than by an electoral college. The president is elected for a term of 5 years (at a national referendum on September 24, 2002, it was decided to reduce the presidential term from 7 to 5 years). The President appoints the Prime Minister and individual ministers, and presides over meetings of the Cabinet of Ministers. With the consent of the cabinet of ministers, the president has the right, bypassing parliament, to put to a referendum any law or treaty that changes the nature of state institutions. The president has the right to dissolve the lower house of parliament - the National Assembly - and call new elections. The newly elected National Assembly cannot be dissolved within a year after the elections. Article 16 of the constitution allows the president to declare a state of emergency in the country and take full power into his own hands. During this time, the National Assembly cannot be dissolved.
The French government is the Council of Ministers, according to Art. 20 of the Constitution, “determines and conducts the policy of the nation.” The government consists of the Prime Minister, ministers heading ministries, and secretaries of state leading departments of individual ministries. The government is responsible to the National Assembly. If the resolution of censure is passed by an absolute majority of the National Assembly, the government must resign. The constitution specifically outlines the powers of the prime minister: his area of responsibility includes national defense, implementation of laws, and rule-making activities. Senior government officials are appointed by the cabinet on the proposal of the prime minister or president.
The legislative body is a bicameral parliament consisting of the National Assembly and the Senate. The main function of parliament is to pass laws, but this function is significantly limited by the constitution, which precisely defines the range of issues on which parliament has the right to make laws. Issues not included in this list are the responsibility of the government. The rights of parliament are also limited in the financial sphere: the Constitution establishes a certain period for parliament to adopt financial bills. At the same time, parliament has the right to control the activities of the government.
There are six standing committees in each House of Parliament. These committees often function through subcommittees. The powers of committees and subcommittees, very broad during the Third and Fourth Republics, are now significantly limited.
The Constitution requires two annual parliamentary sessions. The first of them lasts from the beginning of October to the second half of December, the second - in April, and cannot last more than three months. At any time, at the request of the Prime Minister or at the request of the majority of deputies of the National Assembly, a special session of parliament may be convened.
Bills are passed by both houses, then signed by the president and become laws (unless he vetoes them). When both houses fail to pass a bill, it returns for rehearing. If still no agreement is reached, the Prime Minister may demand the convening of a meeting of committees consisting of an equal number of members of both houses. The text of the bill, with amendments and additions made at this meeting, is again submitted by the government for approval by both chambers. If the meeting fails to reach agreement on the text or the amended text is subsequently not approved by both houses, the government may request a third reading in both houses. If after this procedure no agreement is reached, the Cabinet of Ministers has the right to appeal to the National Assembly with a request to finally decide the fate of the project.
The Constitutional Council is a special body that monitors compliance with the constitution. Section VII of the French Constitution is dedicated to the Constitutional Council, as well as the law “On the Constitutional Council” adopted by the Ordinance of the Chairman of the Council of Ministers of November 7, 1958.
All laws before their promulgation by the President and regulations of the chambers before their adoption must be submitted to the Constitutional Council, which gives an opinion on whether they comply with the Constitution. If the Constitutional Council decides that a particular act is contrary to the constitution, it has the right to repeal it. Also, the powers of the Constitutional Council include monitoring the progress of presidential elections and referendums. The Constitutional Council consists of nine members, three of whom are appointed by the President of the Republic, three by the Chairman of the National Assembly, three by the Chairman of the Senate (Article 56 of the Constitution).
A special feature of the Constitutional Council is that it includes all former presidents of the French Republic for life. Provisions on resignation and replacement in case of performing functions incompatible with membership are not applicable to life members; they do not take an oath upon taking office.
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- Constitutional foundations, characteristics of the form of government
“France is a real laboratory for the production of constitutions; they can be found here for literally every taste”
Marcel Prelot
France– a legal, secular, social state, with a republican form of government (mixed), combining elements of presidential and parliamentary. The only source of power is the people.
Short description: France is a semi-presidential, semi-parliamentary republic, a complex unitary state. French Constitution: Declaration of the Rights of Man and Citizen of 1789, Preamble of the Constitution of 1946, Constitution of 1958 Legislative branch: Parliament - National Assembly and Senate. Executive power: president and government. Two groups of powers of the president: those exercised by him independently and those requiring a countersignature. Supreme control and advisory bodies: Constitutional Council, State Council, Supreme Council of Magistracy. Features of the judiciary in France are four different branches of the administration of justice: public courts, general courts, special courts, administrative courts.
Features: 1. In just over 200 years, the country has seen 4 republics, 2 empires, and there have been various transitional regimes and forms of government. About 200 different constitutions, constitutional charters, and constitutional laws were adopted. 2. The specificity of the Constitution is that it confirms the dominant position of the executive branch in the general system of state authorities. The Constitution of 1958 introduces such new and relatively rare norms in developed countries that establish a certain framework for the legislative activity of Parliament and even subject it to a certain extent to the control of the executive branch. It is these norms that give reason to say that the French Constitution belongs to the number of so-called rigid constitutions (a stricter procedure for implementing constitutional reforms). 3. One of the important features of the constitutional regime of the Fifth Republic is the limitation of the scope of application of the law, which is defined by Art. 34 of the Constitution. Everything that lies outside the sphere regulated by law is regulated by acts of the executive branch. As a result, acts signed by the President cannot be considered as ordinary by-laws adopted on the basis and in pursuance of the law. 4. The constituent parts of France are neither states nor public entities.
French Constitution, formalized the creation of the Fifth Republic, was approved by an overwhelming majority in a referendum (September 28, 1958, entered into force on October 4, 1958) Principles, development of the draft constitution: elections as a source of power, as well as separation of powers; parliamentary responsibility of the Government and confirmation of the independence of the judiciary; respect for fundamental freedoms. Principles that play a significant role in the constitution: French foreign policy (ratified or approved international treaties or agreements have superior legal force over domestic law); organization of public power (regulates the status and powers of the President of the Republic, the place and role of the Government and the nature of its relationship with parliament); regulations relating to the organization of the legislative branch; determines the status of the Constitutional Council; consolidates the independence of the judiciary and contains some rules regarding the organization of local self-government, etc.
Two change procedures into the text of the fundamental law: 1. voting of the constitutional law through a referendum, 2. the possibility of adopting amendments based on the decision of a specially convened Constitutional Congress.
The Basic Law of the State (Fifth Republic) was subject to constitutional revision: 1. In 1960, changes were made to the regulations that determined the nature and structure of the “Franco-African Community”. 2. In 1962, the procedure for electing the President of the Republic was changed (to universal direct suffrage). 3. In 1992, section (14) dedicated to the EU, etc.
The French Fifth Republic uses the system quasi-judicial constitutional control. Constitutional Council- endowed with real and fairly effective powers that allow him to actively influence the legislative process in the country.
Constitutional Council- an independent government body that operates on a collegial basis. Compound: 9 members - term of 9 years, and former presidents of the French Republic. Three members of the Constitutional Council are appointed by the President of the Republic, three by the Chairman of the National Assembly, three by the Chairman of the Senate. All its members are prohibited from engaging in political activities. The Chairman is appointed by the President. Authority: directs the work of the Constitutional Council, represents it at official ceremonies, appoints rapporteurs on cases considered in the Constitutional Council, determines the date and order of the day of meetings, the voice of the chairman is significant (gives an advantage when the votes are divided in half), takes 5th place in the official hierarchy of officials Republics after the President, Prime Minister and heads of chambers. Powers of the Constitutional Council: ratification of international treaties and agreements, at the request of the Government, determines the legality or illegality of a law adopted before the entry into force, is an election judge, supervises the correct conduct of presidential elections, carries out the official registration of candidates, determines the voting results and proclaims the election of the President of the Republic, considers complaints, submitted regarding the correctness of the elections of the President of the Republic, carries out supervisory functions during the referendum, considers complaints brought about the correctness of the elections of deputies and senators.
Declaration of the Rights of Man and the Citizen (1789), and Preamble to the Constitution (1946)– structurally separate constitutional texts that establish and regulate fundamental rights and freedoms.
Declaration of 1789 (17 articles) is an outstanding legal act that has had a huge impact on the constitutional and legal development of both France and many other countries of the world, enshrining the most important rights and freedoms of the individual and establishing positive norms governing their implementation. The Declaration proclaims the equality of all before the law, and links social differences with social utility, and not with belonging to one or another social group or strata. Reinforces the need for public power as the guarantor of these rights, the ownership of power by the people, the recognition of the law as an expression of the highest popular will and the provision, with the help of an equal law for all, of freedom and the possible limits of its limitation.
The most important principle of constitutional law in relation to the sphere of rights and freedoms is that everything that is not expressly prohibited by law is permitted.
Modern constitutional legal doctrine distinguishes between the concepts of basic (or fundamental) principles and general principles of law. Fundamental - provisions that appear directly in constitutional texts are binding on the legislator, and the Constitutional Council must ensure that adopted legislative acts comply with these principles. General - principles that bind not the legislator, but the executive branch. Control over their compliance is entrusted to the bodies of administrative justice, headed by the State Council of France.
Personal rights and freedoms (Article 2 of the Declaration): freedom, property, security and the right to resist oppression. The Declaration of 1789 also contains a number of other provisions that formulate specific rights and freedoms. Among them: freedom of opinion, freedom of religion, freedom to disseminate one’s ideas, subject to possible liability for abuse of this right, established on the basis of law. Legislative confirmation of the right to life led to the abolition and prohibition of the death penalty in France.
Social and economic rights- are set out in the Preamble to the Constitution of 1946. The area of labor rights occupies a significant place in the Preamble. Property is collective.
Political rights and freedoms- are contained in various constitutional and legal acts: in the Declaration of 1789, in the Preamble to the Constitution of 1946, in the text of the fundamental law approved in 1958. At the constitutional and legal level, the fundamental principles for building a political society and state in France are established. These principles include: recognition of the people as the sole source of power and the assertion of their supremacy through the proclamation of the doctrine of national sovereignty.
The motto of the Republic is “liberty, equality and fraternity.” Its principle is “government of the people, through the people and for the people.” National sovereignty belongs to the people as a whole; no part of the people, no individual person can arrogate its exercise to themselves. The people exercise their power through their representatives (indirect democracy) or by referendum (direct democracy). Voting is always universal, equal and secret. It can be direct or indirect. The procedure and conditions for the implementation of citizens' electoral rights are detailed in the electoral legislation and other regulations that form the so-called electoral code of the French Republic. At the constitutional level, such important political rights and freedoms as political pluralism, freedom of formation of political parties, freedom of opinion, freedom of speech, etc. are proclaimed.
The main guarantor of the implementation of human and civil rights and freedoms is an independent judiciary. Article 66 of the Constitution states: “No one may be arbitrarily deprived of his liberty. The judiciary, the custodian of individual freedom, ensures respect for this principle in the conditions prescribed by law.” Courts: Special administrative tribunals (consider encroachments on rights and freedoms by the administration), Courts of general jurisdiction (criminal and civil proceedings, etc.)
Political parties and party system (Article 4 of the Constitution).
Political parties are formed freely and their existence is not directly related to the decision of any government body authorizing or refusing to recognize a political party (i.e. the notification system - the very announcement of the creation of a political party already represents a certain legal act and entails certain political and legal consequences). Political parties are not required to register. A political party as a legal entity must satisfy the requirements of the Law on Associations and submit the necessary documents for registration. Feature of legal regulation: the state bodies carrying out this registration, in principle, do not have the right to refuse this registration, and therefore, the public announcement of its creation (only an injunction could be issued).
Mediator(Human Rights Commissioner) - has relatively modest powers, the main of which is to attract public attention and draw the attention of administrative bodies to decisions or actions that violate human rights.
Conditions for the formation and functioning of political parties: compliance with the principle of national sovereignty and democracy, must operate in the conditions and within the established constitutional order, national character (cannot be formed by foreigners), activities must not be financed from foreign sources.
Social purpose of political parties: participate in the organization and conduct of elections, expressing the interests of certain groups and segments of the population, and thereby contribute to taking into account their will and interests in the course of the formation and activities of representative institutions.
Main political parties in France:
1. Uniting in Support of the Republic ( ODA). The leader of the party is Jacques Chirac (who formally left his post in connection with the election as President of the French Republic, but practically remains its leader). Character of the party: right-wing conservative (combines liberal freedoms with more active government activity in regulating all spheres of public life). In the state-legal field, the OPR is one of the ardent defenders and supporters of the strong government regime. The party defends the idea of political stability as a condition for successful internal development and the achievement of foreign policy goals that meet the national interests of the country. She generally supports plans for European integration and is an active advocate of the idea of creating an economic and monetary union within the EU.
2. "Union for French Democracy" ( SFD) - center-right political groups.
3. French Socialist Party ( FSP) - One of the largest, most influential political parties currently forms. The Socialist movement in France has a rich history. The FSP is a typical social democratic party. Its program places a large emphasis on solving problems of social order. It owes its success largely to promises to improve the social situation in the country and, in particular, to reduce unemployment. The FSP is a supporter of pluralistic democracy and actively defends the current Constitution and the constitutional order. In particular, French socialists are active supporters of European integration, strengthening the European Union and the introduction of a single European currency.
4. French Communist Party ( FKP) – is part of the government coalition and supports the Government’s policies, although it does not deny itself the right to criticize its specific measures, and acts within the framework of constitutional legality.
5. National Front ( NF) is a nationalist party.
France has a multi-party system. The basis: large national political parties and associations that have an active influence on the formation of the country’s political course, as well as on the functioning of the entire mechanism of power. Today in France, a so-called bloc system has developed, when on the one hand the Rally in Support of the Republic and the Union for French Democracy act, thereby forming a single, albeit motley bloc, and on the other hand they are opposed by a bloc, the basis of which is formed by the FSP and the PCF. Political pluralism and multi-party system are considered one of the main conditions for democracy in modern France.
Suffrage and electoral system. Constitutional principles of electoral law (Article 3 of the Constitution): elections in France are universal (citizens over 18 years of age), equal (equal rights and opportunities for all citizens in using active and passive suffrage) and secret. A deputy of the lower house of Parliament must be at least 23 years old. The age limit for senators is 35 years. Only citizens of the French Republic have the right to vote in national elections - presidential, parliamentary. Non-citizens permanently residing in the country can also participate in voting within local territorial collectives.
Restrictions on voting rights: incompetent persons, persons serving sentences by a court verdict, malicious bankrupts and some others. Any restriction of voting rights can be appealed in court.
Not eligible for election: persons on whose activities the organization of elections, the conduct of voting, and the implementation of election operations depend. The rule of incompatibility implies the inadmissibility of combining an elected mandate with one or another type of professional activity or holding any positions in the public or private service. The most significant significance is the incompatibility of the mandate of a parliamentarian with joining the Government, enshrined in the Constitution.
Voting is always secret. Election operations must be organized in such a way as to ensure a real opportunity for the free expression of the will of the voter. Any attempt to control a voter's vote constitutes a serious offense that entails liability under the law.
Elections can be direct or indirect. Currently, the procedure of direct elections is predominantly used. It is used in the election of the President of the Republic, deputies of the lower house of Parliament, deputies of the European Parliament, as well as in elections to local representative institutions. The indirect election system is used in the formation of the upper house of Parliament - the Senate.
Nomination of candidates for any elective positions is free. Only registered candidates can be included on the ballot. The main condition for registration is the submission of an application supported by a certain number of elected representatives.
Electoral systems: 1. majoritarian system of two-way elections ra. It is used in the elections of the President of the Republic and deputies of the National Assembly. The candidate who collects an absolute majority of votes in the first round of voting (over 50%, with a turnout of at least 25%) is considered elected. The candidate who receives the majority of votes in the second round holds the post of President of the Republic. All candidates who collected at least 12.5% of the votes of voters who took part in the voting in the first round advance to the National Assembly in the second round. The candidate who receives a relative majority of votes is considered elected. Elections of deputies are held in single-mandate constituencies. The system is called the majoritarian uninominal system. 2. Proportional election system- During elections to the European Parliament, during the election of members of regional assemblies. Each list must include a number of candidates equal to the number of seats to be filled. Peculiarity: a five percent clause, which establishes an electoral threshold for the participation of certain lists running in the elections in the distribution of mandates. 3. Indirect election system, provided for in the election of the Senate, involves the formation of an electoral college that elects members of the upper house of Parliament. Composition: deputies of the National Assembly, members of representative assemblies of regions and departments and representatives of municipal councils of communes. Voting is carried out by department. In those of them where five or more members of the Senate are elected, a proportional system is used, in all others - a majoritarian system.
Referendum(Article 11, Article 89, Article 53 of the Constitution). The decision to hold it is made by the head of state. Legislative acts considered at the referendum: 1) related to the organization of state power; 2) allowing the ratification of an international treaty, which, without contradicting the Constitution, could affect the functioning of state institutions; 3) authorizing changes in the field of economic and social policy of the state. Control over the correctness of the referendum is the responsibility of the Constitutional Council. In addition to a referendum held at the national level, it is also possible to hold it at the local level on issues of local importance, in particular the merger and cooperation of communes.
French government system. Basic principles for building a mechanism of power in France: principle of separation of powers(Article 16 of the Declaration): legislative, executive, judicial. The fifth republic is characterized by a strengthening of the role of the executive branch and a weakening of the role of Parliament (i.e., the center of gravity is shifted from the representative body to the executive). Legal nature: bicephalic executive. Carriers: President of the Republic and Government. The President is vested with his own, sole powers, which he can exercise independently. The armed forces and administrative apparatus of the country are under the authority of the Government. The Government of the Republic is responsible for its activities to the National Assembly - the lower house of Parliament.
Features of the state mechanism: Practical functioning directly depends on whether the presidential and parliamentary majorities coincide. In cases where political forces supporting the President simultaneously control the National Assembly, the role of the President as the bearer of executive power increases markedly. Practically in this situation, he forms the Government from his like-minded people and directs its activities. If the political forces controlling the National Assembly do not belong to the pro-presidential bloc, the situation is completely different. In this case, due to the existence of the institution of parliamentary responsibility, the President is forced to appoint a Government representing the forces opposing him. The President's ability to exercise executive power is sharply narrowed. The role of the Government headed by the Prime Minister is noticeably increasing. This situation is usually called “coexistence”.
The President of the Republic has a central place in the system of state bodies (Article 5 of the Constitution). Monitors compliance with the Constitution, ensures the normal functioning of state institutions, takes measures to ensure national independence and territorial integrity, and ensures compliance with international agreements and treaties. The President of the Republic is the Supreme Commander-in-Chief of the country's armed forces, he makes appointments to the highest military and civilian positions. He represents the country in international relations, conducts international negotiations and concludes international treaties. Powers: appointment of the Prime Minister, decision on the early dissolution of the National Assembly, use of emergency powers under Art. 16 of the Constitution, etc.
President of the Republic- the highest official of the state, its supreme representative in all acts of domestic political and international life. The President of the Republic is elected by universal, direct, equal and secret ballot. The term of office is 7 years. There are no restrictions on re-election.
There is no institution of vice president in France. In the event of an early vacancy in the post of President, his duties are temporarily performed by the Chairman of the Senate, and if he is also unable to perform these duties, they are performed by the Government.
The President of the Republic has exceptionally broad powers in the sphere of leadership and management of state affairs. He presides over the Council of Ministers, appoints the Prime Minister and, on his recommendation, other members of the Government. He also recalls the Prime Minister and other members of the Government. The head of state makes appointments to all senior military and civilian positions. Has broad regulatory power.
Presidential orders and decrees- these are independent normative legal acts that play the same role as the law in regulating certain areas of social relations. Ordinances are the most important regulatory acts issued by the President. Decrees are the current legal regulation. The President has the right of legislative initiative with regard to constitutional revisions, submitting bills to a referendum, as well as the right of a suspensive veto on bills adopted by Parliament.
The President has the right to early dissolve the National Assembly. This kind of early dissolution cannot take place only in three cases: 1) when the duties of the President are temporarily performed; 2) when emergency powers under Art. 16 of the Constitution; 3) within a year after the early elections. Has certain powers in the judicial sphere. He presides over the Supreme Council of Magistracy, his acts carry out the appointment and transfer of professional judges, and the President of the Republic has the right to pardon.
The President is vested with important powers in the field of foreign policy and defense. He represents the country in international relations, appoints diplomatic representatives of France, and foreign diplomatic representatives are accredited to him. The President conducts international negotiations and concludes international treaties and agreements.
Official residence of the President- Elysee Palace. The head of state has a specialized apparatus of assistants and advisers who form his personal office and general secretariat. All employees of the Elysee Palace are appointed and dismissed by the President at his sole discretion.
Government- a collegial body that exercises executive power along with or jointly with the President of the Republic. It has a unique structure: it acts in the form of a Council of Ministers, uniting all its members under the chairmanship of the President of the Republic, or as a set of members of the Government under the leadership of the Prime Minister. Issues subject to mandatory consideration by the Council of Ministers: the most important draft regulatory acts, draft laws, decisions on raising the issue of confidence, holding a referendum, appointment to senior government positions and others. The activities of the Government are led by the Prime Minister. The Prime Minister and, on his recommendation, members of the Government are appointed by the President of the Republic.
Internal structures a: hierarchical. Compound: Prime Minister, Ministers of State, Ministers, Secretaries of State and some other categories of members.
The government is collectively responsible to the National Assembly. At the initiative of the deputies of the National Assembly, a resolution of censure of the Government may be put to a vote. The procedure for accepting or rejecting a resolution of censure also has a certain originality. Only one question is put to a vote: who is in favor of adopting this resolution; It is not clear which of the deputies was against or abstained. A resolution is considered adopted if it receives an absolute majority of votes of deputies.
The government as a collegial body and its head, the Prime Minister, have broad powers, which are exercised either jointly with the President of the Republic, or the cabinet, or individually by the Prime Minister.
The administrative apparatus and the armed forces are at the disposal of the Government. The government has extensive regulatory power, and its decisions in the form of decrees form a very important source of French law. Acts are signed by the Prime Minister. The government has the right of legislative initiative. The government may ask Parliament to delegate legislative powers to it in a certain area and for a certain period of time in order to implement the government program. In this case, the Government takes the necessary measures by issuing ordinances. The peculiarity of their legal regime is that such acts come into force from the moment of publication, but cease to be valid if the bill on their approval is not submitted by the Government to Parliament for consideration before the expiration of the delegation of powers.
Prime Minister directs the activities of the Government. He is responsible for ensuring national defense, i.e., in other words, along with the President of the Republic, he is directly involved in resolving issues of military development. The Prime Minister is charged with enforcing laws. It has its own regulatory power. The Prime Minister has the right of appointment to military and civilian positions. Special legislative acts delimit the respective powers of the head of state and the Prime Minister. The Prime Minister has the right of legislative initiative. He has the right to appeal to the Constitutional Council in order to establish the conformity of the draft voted by the chambers with the basic law of the country. At the proposal of the Prime Minister, emergency sessions of Parliament are convened. Makes proposals to extend the next session of Parliament. At the proposal of the Prime Minister, closed sessions of the chambers are held in the form of a secret committee. A number of important powers of the President of the Republic are exercised on the proposal or after consultation with the Prime Minister.
Official residence of the Head of Government- Hotel Matignon. Under the Prime Minister there is an extensive auxiliary apparatus. Its work is led by the Secretary General of the Government, who performs very important functions in organizing the work of the Government as a whole and in coordinating cooperation with the Office of the President of the Republic. A number of important government services operate under the leadership of the Prime Minister. Among them, for example, are the General Secretariat for Planning, the Counterintelligence Service, etc.
Parliament- the highest representative institution of the French Republic. Composition: National Assembly (lower house), Senate (upper house). Both chambers are equal!
The French National Assembly consists of deputies elected by universal and direct suffrage. A majoritarian uninominal election system in two rounds is used. Candidate: any Frenchman who enjoys full voting rights and has reached the age of twenty-three. The term of office of the National Assembly is 5 years. The composition is completely updated. Finally decides the issue of the fate of the state budget, exercises full control over the activities of the Government, has the right to refuse confidence or adopt a resolution of censure, entailing the resignation of the Government
Senate. Term 9 years (renewal - in thirds every three years). Senators are elected through indirect elections, by special electoral colleges in which representatives of the municipal councils of communes predominate. Members of Parliament have parliamentary immunity.
The Bureau - directs the work of each of the chambers. Composition: Chairman, vice-chairmen, secretaries and quaestors (in charge of administrative, economic and financial issues).
Conference of Chairmen– determines the agenda and priority for consideration of issues. Composition: members of the bureau, chairmen of party and standing committees.
Commissions: permanent, temporary special, control and investigation.
Powers of Parliament as a whole: legislative, approval of the state budget and reports on its execution, control over the activities of the executive branch, resolving issues of war and peace. The scope of application of the law is limited (Article 34 of the Constitution). The right of legislative initiative is almost completely monopolized by the Government. Over 90% of laws voted by Parliament are adopted on the basis of government texts. Designed to monitor the activities of the executive branch. Roles in the field of foreign policy and defense (ratification of the most important international treaties and agreements).
Administrative-territorial division and local government.
The French Republic is a unitary state. Its constituent parts are neither states nor governmental entities. Until recently, the administrative-territorial structure of France and the organization of local government reproduced those models that were created during the French Revolution and the reign of Napoleon I. Radical reforms were carried out in the 80s. through the adoption of laws on decentralization.
France has a rather complex administrative-territorial structure. Traditionally, its components are (from bottom to top): commune, canton, district, department and region. Special districts: military, judicial, school and other districts (the boundaries do not always coincide with the boundaries of administrative-territorial units). Communes, departments, regions have bodies of self-government and serve as the territorial basis for the activities of self-governing territorial collectives. Main administrative-territorial units France: department (over 90), regions and commune
Control over the activities of self-government bodies is carried out by the elected representative assembly and the bodies created by it.
Issues of delimitation of competence between the state and self-governing collectives are regulated by legislative acts. In accordance with these acts, the scope of competence of self-governing collectives was significantly expanded and some general principles were formulated that determine what kind of material resources and financial resources are transferred to the jurisdiction of self-government bodies, on investments in housing construction, on the distribution of municipal housing, on the use of land in cities and a number of others.
In France there is now three types of territorial self-governing collectives: region (20), department and commune.
Goals of creating regions(Law of March 2, 1982): ensuring economic, social, cultural and scientific development, developing health care and taking the necessary measures to develop the territories and protect the identity of each region. Regions have their own budget, develop their own plans for economic and social development, territory development and infrastructure development of the region. Authority: in the field of employment problems, vocational training, housing construction, etc. The establishment of hierarchical relationships of subordination between territorial collectives of different levels is not allowed.
Regional Council– the main representative body of the region. Members are elected by universal and direct elections. Elections are held by department, the number of elected representatives is proportional to the population, and at least three representatives are elected from a department. A proportional electoral system is used. Lists that receive at least 5% of the votes participate in the distribution of seats. The principle is the highest average. It operates on a sessional basis, with meetings held at least once a quarter. Has the right to make binding decisions on all issues within the jurisdiction of the region.
The functions of the executive body are performed by the chairman of the regional council - the regional commissioner of the Republic. Powers: control over the legality of the decision of the regional council. The influence of the regional prefect is quite significant. Acts as a representative of the central government in the region. It is in charge of administrative services, which are representatives of certain central ministries and departments. He is entrusted with the implementation of the Government's policy in the field of economic and social development and territorial development. It also has its own management services.
Economic and Social Committee of the Region - obtaining its opinion in relevant areas is mandatory for the regional council.
Department- the oldest administrative-territorial unit of France. Within the department there is a body of general administration represented by a prefect appointed by the President of the Republic in the Council of Ministers on the proposal of the Minister of Internal Affairs - the Commissioner of the Republic. The department forms a self-governing territorial collective.
The territorial team has competence on the following issues: road construction and organization of transport (with the exception of urban transport), social security issues, organization of health care. The Department creates and operates local health and social services. Responsible for solving environmental problems. Dealing with issues of organizing education. Territorial teams of three levels are engaged: the commune - primary education, the higher region - lyceums, and the territorial team of the middle level - the department - colleges.
Department - coordinates the activities of municipal self-government bodies, creates public agencies designed to provide material, financial, legal and other assistance to local self-government bodies in communes. He has the prerogative to distribute financial subsidies between the communes.
General Council- representative body of the department. Makes decisions on all issues within the jurisdiction of the department. General Councilors are members of the General Council. They are elected by universal direct and secret suffrage. A majoritarian system of elections in two rounds is used. The constituency for the elections is the canton (“cantonal elections”). General Councilors are elected for a period of 6 years, the composition of the council is renewed by half every three years. Chairman of the General Council – Chairman of the General Council. He is being assisted by deputies. All local administrative services are in charge, supported by the departmental budget. Prefect- Government representative. Supervises the work of all local officials, branches, departments and agencies that represent the central Government. In charge of the prefect: control over the legality of decisions and actions of elected bodies and department officials, an extensive administrative apparatus. Subordinated to: law enforcement services, the apparatus of the prefecture itself. Under the command of the prefect, sub-prefects work, who, as a rule, operate within districts that do not have bodies of self-government, are not territorial collectives, and the functions of guardianship are carried out mainly in relation to the lower territorial collective, which is the commune.
The commune forms the main basic administrative-territorial unit of France. Commune is the oldest self-governing territorial collective with relatively broad powers. Features of legal status: within their borders there has never been a general administration body represented by an official appointed by the Government. The functions of the Government representative in the commune are the mayor of the commune, who has a dual status. He is simultaneously the representative of the state in the commune and the representative of the self-governing territorial collective.
Municipal Council- the representative body of the commune that elects the mayor. Municipal councilors are elected by direct universal suffrage by voters who are on the municipal electoral rolls. The term of office of municipal councils is 6 years. Tips are completely updated. In communes with a population of less than 3,500 people, a majoritarian system of elections is used in two rounds. In communes with a large number of inhabitants, a combined electoral system of voting in two rounds is used, but with a combination of a majoritarian system with the principle of proportional representation. Feature: before the second round, which is organized in a week, changes may be made to the previously nominated list. The Municipal Council elects the mayor and his deputies from among its members by a majority vote.
Characterizing in general the modern administrative-territorial structure of France and the organization of local self-government, it can be noted that it is distinguished, firstly, by a very complicated structure of administrative-territorial division and, secondly, by a tendency towards further decentralization, which significantly increases the role and importance of territorial self-governing collectives in the implementation of local projects and solving local affairs.
“Human rights are not created by the constitution, but are recognized by it”
The basic Law
General information: Germany is a parliamentary republic, a relatively decentralized federal state. German Constitution of 1949. Legislative branch: Bundestag (Union Session) and Bundesrat (Federal Council). The executive branch in Germany is the Federal Government. Specialized judicial system: constitutional justice, general, administrative, labor, financial and social justice.
Germany– republic, democratic (the people are the bearer of state power and its sole owner), social (helps the weak, strives to influence the distribution of economic benefits in the spirit of the principles of justice in order to ensure everyone a decent human existence. The social state must guarantee every citizen a living wage), legal (ensures the priority of law in its organization and activities, as well as in relations with society), a federal state with a parliamentary form of government.
The basic Law- this is a new legal document that maintains a certain continuity with previous constitutional development. Compound: Preamble and 14 sections, with three sections. The preamble of the Basic Law contains a provision that its founder is the German people, it is indicated that, in adopting the Basic Law, he was guided by the desire to serve universal peace, it is stated that the Germans in the states (a complete list of German states is given) on the basis of free self-determination finally established the unity and freedom for Germany. Based on the traditions of German constitutionalism.
Sections: 1. “Fundamental rights”, 2. “Federation and lands” (fundamentals of the constitutional system of the Federal Republic of Germany, characteristics of the German state, the principles of the relationship between the federation and the lands are determined, the right to local self-government is secured, as well as the constitutional foundations of German foreign policy and the participation of the Federal Republic of Germany in the development European Union), 3-4. Dedicated to the organization and activities of federal bodies (Bundestag, Bundesrat, Federal President, Federal Government), 5. Regulates the status of the Joint Committee. 6-7-8. They regulate the legislative and executive activities of the Federation, the general tasks of the Federation and the lands are determined, 9. Judicial power, 10. “Financial Constitution” (regulation of financial relations between the Federation and the lands, income and expenses of the Federation), 11. Regulation of measures in case of a state of defense, 12 "State of Defense", 14. "Transitional and final provisions".
Reinforces the fundamental principles of the constitutional system: the priority of human and civil rights and freedoms as the basis of social and state order, democracy as a form of state, separation of powers, political pluralism, etc.
The protection of the constitution is carried out by the Federal Constitutional Court ( FCC). The FCC is one of the components of the judiciary (Article 92). Compound: 2 senates of 8 judges each. Judges are elected in equal proportion by the Bundestag and the Bundesrat. Elections in the Bundesrat are direct, in the Bundestag they are indirect. A two-thirds majority is required to elect a judge. The President of the FCC and his deputy are elected alternately by the Bundestag and the Bundesrat. Elected judges are appointed by the Federal President. The term of office of FCC judges is 12 years, the maximum term of office is 68 years.
Powers of the FCC: 1. constitutional and legal conflicts between the Federation and the states or between different states in cases of divergence of opinions about the rights and obligations of the Federation and the states. 2. disputes regarding the interpretation of the provisions of the Basic Law on the scope of the rights and obligations of the supreme federal body (Bundestag, Bundesrat, Government, Federal President) or other party to the conflict, endowed by the Basic Law or the regulations of the supreme federal body with their own rights. 3. control of legal norms. 4. The FCC considers constitutional complaints from citizens about violations of their fundamental rights. 5. makes decisions to deprive the fundamental rights of those citizens who use them against the free democratic order. 6. considers complaints against decisions of the Bundestag to verify the correctness of elections, the procedure for holding a referendum or a popular poll.
Basic rights- these are the inalienable and inalienable rights and freedoms of man and citizen enshrined in the constitution.
All three branches of government (legislative, executive and judicial) are bound by fundamental rights (Part 3 of Article 1).
Five types of judicial jurisdiction: courts of general jurisdiction (civil and criminal), administrative courts, labor courts, financial courts and social courts. If a citizen believes that a decision of one of these courts is contrary to the constitution, he can apply to the constitutional courts to resolve this issue.
German citizenship. A German is anyone who has German citizenship, refugees or displaced persons of German nationality, as well as the spouse or descendants of one of these persons. The German Constitution makes a distinction between universal human rights and so-called civil rights, which only Germans have. Deprivation of German citizenship is prohibited, and its loss is possible only on the basis of law. No German can be extradited to a foreign state. German citizenship is acquired mainly by birth. For foreigners, the main condition for acquiring citizenship is naturalization, that is, the issuance of an administrative act at the request of an interested person. There are certain requirements for a foreigner: to be legally competent under the laws of your country, to lead an impeccable lifestyle, to have a home and to be able to support yourself and your loved ones. Citizenship is lost as a result of the acquisition of foreign citizenship, as well as renunciation of citizenship.
Basic rights: free development of personality, right to life and physical integrity, personal freedom, freedom of movement, right to inviolability of home, privacy of correspondence, postal, telephone and telegraph communications, freedom of religion, proclamation of social and religious views, freedom of conscience, etc.
Political parties And. The fundamentals of the legal status of parties, their organizational principles and tasks are regulated by the constitution and a special law on parties (Article 21 of the Basic Law and the Law on Parties of July 24, 1967). Political parties are free public associations pursuing political goals. Parties- these are those political organizations that select and nominate candidates for official positions; the will of the state cannot be formed without the active activity of parties.
The leading bodies of parties are legitimized through internal party elections, disputes between the party and its members are resolved by party arbitration courts, which should not include members of the board or functionaries of these parties. Parties can be created freely and do not require permission or notification. The party must have a clear name that does not repeat the names of other parties; it must have a written charter and program; the territorial principle must be the basis for building the party.
There are more than a hundred political parties in the country, the vast majority of which are completely unknown to the general public.
The largest political parties in Germany: 1. Christian Democratic Union (CDU), about 700 thousand people. The People's Party and its electorate are representatives of all social strata. The main support of the party is employers, especially representatives of large and medium-sized financial, industrial and commercial capital. Plays a leading role in the political life of the country. 2. Christian Social Union (CSU). Valid only within Bavaria. At the federal level, the party forms a single bloc with the CDU; in the Federal Parliament there is a single faction of the CDU-CSU. The party has dominated Bavarian politics for decades, consistently winning an absolute majority of votes in state elections. 3. Social Democratic Party of Germany (SPD). It is also the largest in number (as of June 1994 - 827,601 members). Characterizes itself as a reformist union of old and new social movements. Along with the recognition of parliamentary democracy and the social market economy as the basis of the social structure of Germany, these movements united in the SPD are characterized by a desire to limit the economic power of big capital and achieve greater social equality and justice. The People's Party is open to all social strata and groups of society, however, the traditional support of the party remains the wage earners, primarily the working class organized in trade unions in the leading sectors of material production. 4. Free Democratic Party (FDP), about 140 thousand people. The heiress of classical German liberalism with its defense of unlimited private property and individual civil liberties. The social basis of the party has always been extremely unstable, which was expressed in the predominance of either right-wing conservative or left-wing social-liberal sentiments and views. 5. Ecological party "Greens". There is no integral system of ideas in the party; there is a rather eclectic combination of different views and approaches. 6. Party of Democratic Socialism (PDS). The party recognizes parliamentary democracy and the diversity of forms of ownership, while at the same time it advocates expanding the forms of democratic expression of the will of citizens, up to recognizing the legitimacy of extra-parliamentary resistance actions and limiting the economic power of large monopolies and their impact on politics. 7. The Republican Party is a right-wing extremist party that professes openly nationalistic views. Its position is quite strong in a number of lands
German Federation I am a traditional German form of government. Germany today- is a constitutive federation, that is, a federation based on a constitution, and not on a union or federal agreement between its subjects. There is no special section on the federal structure in the German Constitution; the relevant provisions can be found in the Preamble and in almost every chapter of the Basic Law. The principles of relations between the Federation and its subjects, as well as the basis for delimiting competence between them, are enshrined in the constitution. The German Federation is built on a territorial principle. Its subjects are lands. There are no other territorial entities other than the lands within the Federal Republic of Germany. The vast majority of states were formed after 1945 and have nothing in common with the historically independent German states (exception: Bavaria and Saxony). In terms of their objective characteristics (size of territory, population, economic indicators, etc.), lands vary greatly, but in constitutional and legal terms they are equal.
The relationship between the Federation and the lands is based on the following key provisions: 1) the constitutional system of the lands must correspond to the basic principles of a republican, democratic and social state of law, 2) the presumption of competence of the lands is established (the exercise of state powers and the solution of state tasks falls under the jurisdiction of the lands) at the same time the priority of federal law is secured over the law of the lands, 3) the responsibility of institutions is established The Federation and the states provide each other with mutual legal and administrative assistance, 4) a uniform standard of living must be ensured throughout the Federation, every German in any state has equal rights and responsibilities, and officials from all states must be used in federal institutions in the proper proportion.
The Federation dominates in the sphere of legislative competence, and the lands dominate in the sphere of administration and justice.
The exclusive jurisdiction of the Federation includes foreign relations, defense and security, regulation of relations regarding freedom of movement and choice of place of residence, passportization, immigration, financial and currency regulation, money issue, federal, railway and air transport, information and communications, federal public service, protection of industrial property, copyright and publishing rights, customs regulation and some others (Article 73). In the sphere of exclusive competence of the federal legislator, laws can be adopted only at the level of the Federation.
In the area of competing competence, the states can adopt legislative acts until and to the extent that the Federation does not use its legislative powers (civil, criminal and procedural law, relations related to the implementation of the constitutional right to association and freedom of assembly, economic law, labor law , legislation on industrial corporations, on the purchase and sale of land, land and housing legislation, rules of street traffic and river navigation, almost all tax legislation, etc. (Article 74)).
Everything that does not belong to the exclusive competence of the Federation, to competing competences and to the basis of legislation falls within the exclusive competence of the Länder. IN the lands are under control: constitutional legislation and administrative structure of lands, school, culture, media, some aspects of the social sphere and legislation on local self-government. The exercise of executive power and management falls primarily within the competence of the lands. Governmental administrative bodies of the lands carry out the implementation not only of their own laws, but also of federal ones, in particular, on behalf of the bodies of the Federation. The largest branches of federal government are postal services, railroad transport, labor relations, the armed forces, the diplomatic service, customs control, border control and several others.
Justice is administered primarily by the state courts. The Federation consists of only five higher courts: Federal Judicial Chamber - the highest judicial body in civil and criminal cases, Federal Labor Court, which resolves disputes between employers and employees, Federal Administrative Court - a judicial control body in the field of public administration, Federal Social Court, which considers disputes in the social sphere and the field of social security , and the Federal Financial Court is the highest authority for resolving tax and customs disputes.
Bundestag(656 people, number may vary) is the legislative body of the Federation. Formation procedure: deputies are elected on the basis of universal, equal, direct, free elections by secret ballot for a period of 4 years. The right to vote is granted to citizens who have reached the age of 18 and have resided in the territory of the Federation for at least 3 months. The right to be elected has the right to be elected to persons who have reached the age of 18, have been a citizen of the Federal Republic of Germany for at least 1 year and have not been deprived of active voting rights. Deputies have a free mandate, immunity and indemnity. During elections, a mixed system is used - “personalized proportional”. Half (328) are elected in constituencies, with one deputy from each constituency. The other half is elected according to the so-called land party lists. Each voter in Bundestag elections has two votes. He casts his first vote for the deputy candidate in the constituency, and the second vote for the land list of candidates of one of the parties. Both votes can be cast independently of each other: a voter has the right to give his “first” vote to a candidate from one party, and his “second” vote to the land list of candidates from another party. In an electoral district, the candidate who received more votes than others is considered elected (majority system of relative majority). The remaining 328 seats are filled by candidates from the state party lists.
Organization of the Bundestag: Chairman (officially he is called the president). He is elected from among the deputies for the entire term of the legislature and cannot be recalled from his post. At the same time, deputies are elected - according to the number of factions represented in the Bundestag, as well as several secretaries. Together they form the presidium of the chamber.
Council of Elders- the most important organ of the Bundestag. Compound: chairman, vice-chairmen and 24 members appointed by factions in proportion to their number. Tasks of the Council: agreement between factions on the number of Bundestag committees, distribution of seats in them between factions, appointment of committee chairmen and their deputies, agrees on the agenda of the upcoming meetings of the Bundestag and the plan for its meetings for a longer period, adopts the draft budget of the Bundestag, makes decisions on its internal affairs .
Party faction of the Bundestag(the united faction consists of two groups of deputies - the CDU and the CSU). A faction can only be created by a group of deputies that consists of at least 5% of the total number of deputies. Factions are not official bodies of the Bundestag, but play a large role in its work. They consider the main issues before their discussion at the plenary sessions of the chamber, formulate the legislative policy of the party, appoint speakers for speeches at plenary sessions and in committees, determine the main content of these speeches, select their representatives for appointment to the most important posts in the Bundestag, determine the line of conduct of deputies during voting, and other issues are resolved. The party faction is led by a board. Compound: chairman of the faction, deputies and secretaries, other members. In each faction, working groups are formed on the main directions of domestic and foreign policy. Members of the faction board and the leadership of working groups form the core of the faction, consisting of professional politicians. It is they who determine the line of behavior of the faction and the parliamentary policy of the party, and occupy responsible positions in the Bundestag. The remaining members of the faction are “back benchers”, they do not have much influence, they support the political line of the party in the Bundestag.
Committees: sectoral, special and investigative. Sectoral committees are divided into mandatory (there are three of them: the Committee on European Union Affairs, Foreign Affairs and Defense) and optional (their number, as well as the profile of their activities, varies, currently there are 23).
Competence of the Bundestag: development of legislation, approval of the federal budget, election of the Federal Chancellor and parliamentary control over the activities of the Federal Government, ratification of international treaties, decision-making on the declaration of a state of defense and some other issues.
Essential Function: lawmaking. The legislative initiative belongs to the Federal Government, members of the Bundestag and the Bundesrat. The legislative procedure is regulated by the rules of the Bundestag, which provide "three readings" rule bill: 1. Information about the bill with the proposal of the council of elders (the general principles of the bill are discussed). 2. Discuss the draft law in the wording proposed by the committee, together with the latter’s report (amendments and additions can be made). Voting is carried out (in parts) and voting on the amendments made. 3. Resume discussion of the project as a whole, introduce new amendments, but only on behalf of the faction. Then comes the final vote.
State law Germany distinguishes constitutional(adopted by the Bundestag by a qualified majority, and then by the same majority by the Bundesrat), "federal"(i.e., affecting the federal structure of the state or the powers of state state bodies) - are adopted by a simple majority of the Bundestag, but require the mandatory consent of the Bundesrat, ordinary laws (adopted only by the Bundestag with a simple majority of votes).
The most important power of the Bundestag: approval of the federal budget (the draft budget is drawn up by the Federal Government).
The most important function of the Bundestag: resolving the issue of the head of government. The solution to this issue depends on the balance of political forces in parliament, because a real chance of being elected to the post of Chancellor has a candidate from the party that has an absolute majority of seats, or who is supported by a coalition of parties that has such a majority.
Parliamentary control over the activities of the Government is limited.
The Bundestag works constantly, with the exception of the summer, Christmas and Easter holidays. Plenary sessions usually take place on Tuesdays and Wednesdays; committees and factions meet on other weekdays.
Bundesrat is the federal body through which the states participate in the exercise of the legislative and executive powers of the Federation, as well as in the affairs of the European Union (Article 50) (upper house of parliament). The Bundesrat is not an elected body. It consists of members of the state governments. There are 69 seats in the Bundesrat.
The Bundesrat has no fixed term of office - it is a permanent body that cannot be dissolved by any other body. The composition of the Bundesrat in practice changes in parts in connection with the results of elections to the Landtags of the German states and the formation of new governments. Its party composition is changing accordingly. The Bundesrat elects its chairman for a period of one year. The Chairman convenes meetings of the Bundesrat, sets the agenda, leads debates, and decides on voting. The Chairman has administrative power in the Bundesrat building. He replaces the Federal President if the latter is temporarily unable to perform his functions.
Standing committees. Compound: one representative from each state from among the members of the Bundesrat or authorized officials of the state.
Powers of the Bundesrat: sphere of legislation, management, affairs of the European Union. The Bundesrat takes part in legislative activities. He has the right of legislative initiative; his participation in the adoption of constitutional and “federal” laws is mandatory. The right to protest ordinary laws adopted by the Bundestag, which entails a repeat vote in the Bundestag. At the request of the Bundesrat, a conciliation committee must be convened.
Under certain conditions, the Bundesrat may become the sole legislative body. Unlike the Bundestag, the Bundesrat participates in the exercise of the executive powers of the Federation. Many regulations of the Federal Government, issued on the basis of federal laws, require the consent of the Bundesrat. The Federal Government, according to Art. 53 of the Basic Law, is obliged to keep the Bundesrat informed of current affairs. The Bundesrat participates in federal supervision of the states.
Joint Committee- created in case of a “state of emergency”. Composition: 48 members: two thirds of the Bundestag and one third of the Bundesrat. Members are appointed by the Bundestag on the basis of proportional representation of factions; they cannot be part of the Federal Government.
According to the Basic Law, the head of the Federal Republic of Germany is Federal President. The President of the Federal Republic of Germany is elected by a special body called the Federal Assembly (created only for the election of the President). The Federal Assembly consists of members of the Bundestag and the same number of members elected by the Landtags of the German states. The Landtags elect them on the basis of proportional representation in a number established for each state by the Federal Government, taking into account the number of deputies from a given state and the latest population data.
A German citizen who has the right to be elected to the Bundestag and has reached the age of 40 can be elected to the post of President of the Federal Republic of Germany. Every member of the Federal Assembly has the right to nominate a candidate for the post of President. Candidates will not be discussed. The candidate who receives an absolute majority of votes of members of the Federal Assembly in the first or second round of voting is considered elected to the post of President. If in the first two rounds no candidate received the required majority, a third round is appointed, in which a relative majority of votes is sufficient to elect the President (new candidates may be nominated in the second and third rounds). The federal president is elected for a term of 5 years with the right to re-election. No one can be elected President more than two times in a row. Upon taking office, the President takes the oath (its text is contained in the constitution) at a joint meeting of the Bundestag and Bundesrat.
Powers in the field of internal politics iki: signs Federal laws and orders their publication; may appeal the adopted policy
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