The French constitution of 4 October 1958 was revised many times in its early years. Changes to this fundamental law have become more frequent since the 1990s, for two major reasons: public projects for institutional modernization adaptation to European Union and other international law.
Overview
Amendment procedures
Article 89
The revision of the Constitution under Article 89 of the Constitution:Article 89 of the Constitution, version in force since 25 July 2008 (translated)
In its current form, article 89 and 42 state that "the plenary discussion of the draft constitutional amendment ... carries, on first reading to the first meeting, on the text submitted by the Government, and for further reading on the text sent by the other parliamentary branch" (and not on the text adopted by the committee as ordinary laws). Furthermore, "the discussion in meeting, first reading of a draft or a bill can only occur before the first assembly, until the expiration of a period of six weeks after filing. It can only occur before the second meeting at the expiration of a period of four weeks from the date of transmission."
The Constitutional Council declared itself incompetent to rule on a constitutional revision.
Other ways to amend Since the beginning of the French Fifth Republic, revisions have been adopted without using section 89. The Constitutional Act of 4 June, 1960 was adopted by a parliamentary vote according to the original article 85 of the Constitution, which involved the Senate of the Community. The Constitutional Act of 6 November, 1962 was adopted, without any parliamentary procedure, through direct referendum by . Using this procedure to revise the Constitution this way has been strongly criticized, since the text of Article 11 does not explicitly provide that it can be used to revise the Constitution.
When amendments are effective Unless otherwise stated, the provisions of constitutional laws come into force on the date of enactment.
However, some recent constitutional laws have provided a delayed effective date. The material content of the Constitution, in these cases, changes on different dates from those of other enactments of constitutional laws.
For example, the constitution act of 23 July 2008 provides in article 46 that some sections of the reform are effective on 1 March 2009 and others "under the conditions established by law and necessary for their implementing organic laws" (translated).Original: dans les conditions fixées par les lois et lois organiques nécessaires à leur application. Thus the old wording of certain articles remained in force for more than eighteen months after the constitutional amendment, while implementing laws were not all ready. This is notably the case of the establishment of referendums initiated by the parliament and supported by a part of the electorate, which is foreseen in the new version of Article 11.
The same constitutional amendment provides in Article 47 that certain amendments of the articles of the Constitution relating to the European Union come into force at the time Lisbon Treaty becomes effective. This occurred on 1 December 2009 and the new content of these articles came into force on that date.
The Constitutional Law of 1 March 2005 had planned similar provisions concerning entry into force of the Treaty establishing a Constitution for Europe, which have become obsolete due to the termination of the process of ratification of this Treaty.
Adopted amendments
All amendments The French Constitution of the Fifth Republic has been revised twenty-five different times since 1958:
DateArticlesReason for RevisionProcedureEnactedIn effect4 June 196085, 86Independence of African Member States of the French Communityold article 856 November 19626Direct election of President by universal suffragearticle 1130 December 196328Change the date of parliamentary sessionsArticle 89 (congress)29 October 197461Extension of the right of referral to the Constitutional CouncilArticle 89 (congress)18 June 19767Changes the presidential election campaign rulesArticle 89 (congress)25 June 19922, 54, 74, 88-1, 88-2, 88-3, 88-4Revisions to the ratification of the Maastricht Treaty: Economic and monetary union, European citizens to vote in French municipal elections, common visa policy, French language, organic laws for overseas territories, parliamentary resolutions on community actsthe Maastricht Treaty was ratified in accordance with No. 92-1017 of 24 September 1992 authorizing the ratification of the Maastricht Treaty, itself approved by referendum on September 20, 1992Article 89 (congress)27 July 199365, 68, 68-1, 68-2, 93Creation of the Court of Justice of the Republic and reforms to the Superior Council of the Magistrature.Article 89 (congress)25 November 199353-1International agreements on AsylumArticle 89 (congress)4 August 19951, 2, 11, 12, 26, 28, 48, 49, 51, 68-3, 70, 76, 77–87, 88, 90–92Expanding possibilities of using the referendum, single parliamentary session, development of parliamentary immunity, repeal of provisions relating to the French CommunityArticle 89 (congress)22 February 199634, 39, 47-1Law for financing of social securityArticle 89 (Congress)20 July 199876, 77New CaledoniaArticle 89 (congress)25 January 199988-2, 88-4Revisions to the ratification of the Amsterdam TreatyThe Amsterdam Treaty is ratified according to Law No. 99-229 of 23 March 1999 authorizing the ratification of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts.Article 89 (congress)8 July 199953-2Provisions for recognizing the International Criminal CourtArticle 89 (congress)8 July 19993, 4Provisions for equality between women and menArticle 89 (congress)2 October 20006Five-year presidential termArticle 89 (referendum)25 March 200388-2European Arrest WarrantArticle 89 (congress)28 March 20031, 7, 13, 34, 37-1, 39, 60, 72, 72-1, 72-2, 72-3, 72-4, 73, 74, 74-1Decentralized organization of the Republic: local referendum, restriction on the administration of Communes (art. 72), experimentation by local government and local financeArticle 89 (congress)1 March 20051 March 200560, 88-1, 88-5Revisions for the ratification of the Treaty establishing a Constitution for EuropeThe Treaty establishing a Constitution for Europe has not been ratified by France after the "nays" won the referendum of May 29, 2005. Thus, amendments to bring the constitution into compliance with the Treaty (Article 3 of the Constitution Act) never entered into force.Article 89 (congress)Never88-1, 88-2, 88-3, 88-4, 88-5, 88-6, 88-71 March 2005Preamble, 34Environmental CharterArticle 89 (congress)23 February 200777Electoral College of New CaledoniaArticle 89 (congress)23 February 200767, 68Criminal statute about the head of stateArticle 89 (congress)23 February 200766-1Constitutionalisation of the abolition of the death penaltyArticle 89 (congress)4 February 20084 February 200888-1Revisions for the ratification of the Treaty of Lisbon.The Treaty of Lisbon was ratified following Act No. 2008-125 of 13 February 2008 authorizing the ratification of the Treaty of Lisbon amending the Treaty on European Union, the Treaty establishing the European Community and certain related actsArticle 89 (congress)1 December 200988-1, 88-2, 88-4, 88-5, 88-6, 88-723 July 200823 July 20081, 3, 4, 6, 16, 18, 24, 34, 35, 38, 47, 47-1, 47-2, 61, 62, 70, 71, 72-3, 74-1, 75-1, 87, 88-4, 88-5, 89Important revision providing: Term limit of two terms for the President of the Republic, introduction of shared initiative referendum and priority question of constitutionality, information of Parliament by the Government in case of intervention of the armed forces abroad, changes in the operation of the Economic, Social and Environmental Council and the Supreme Judicial Council, creation of Defender of Rights, agenda of assemblies set by the assembly, deliberation in open session of the Parliament on the text adopted by the committee ...Article 89 (congress)From 25 July 200811, 13, 25, 34-1, 39, 44, 56, 61-1, 65, 69, 71-1, 731 March 200941, 42, 43, 45, 46, 48, 49, 50-1, 51-1, 51-21 December 200988-4, 88-5, 88-64 March 202434Guarantees right to an abortionArticle 89 (congress)
1962: Election of the President of the Republic by direct universal suffrage Wanting to override the likely opposition of the Senate, De Gaulle revised the constitution using Article 11, which allows the president to submit to referendum "any bill on the organization of government."Original: tout projet de loi portant sur l'organisation des pouvoirs publics The legality of using this method is very questionable, as the Constitution provides mechanisms for its own review in section 89 (a referendum is possible, but only with the agreement of the parliament). It aroused intense political debate and legal controversy, and the formation of a secret group of votes against (cartel des non).
However, the prestige of De Gaulle, the fact that the "yes" won with over 62% of the vote, and the fact that the Constitutional Council refuses to review the constitutionality of laws passed by referendum (as they are adopted by the people), allowed the implementation of this reform. This irregular procedure of constitutional amendment later regarded as newly created constitutional customary law.
In practice, this reform has not only changed the method of electing the President, it has also significantly increased its powers by giving it a popular legitimacy not shared by the Prime Minister. For example, the President could, except in periods of cohabitation, ask the prime minister to resign, which is not provided in the text of the original.
1974: Reform of the method of referral to the Constitutional Council
Background The Constitutional Council was intended by Michel Debré and Charles de Gaulle to be a gun against the Parliament, as part of a Thus, the Commission's role was primarily to enforce Article 34 of the Constitution, limiting the encroachments of the parliament and, in contrast, creating a strong and independent executive. However, Constitutional Decision 71-44 DC of 16 July 1971 gave a new place to the Constitutional Council.
Review Because of this, the Constitutional Council needed reform. Valéry Giscard d'Estaing, newly elected President of the Republic, wanted to expand the ability to refer legislation to the Constitutional Council to members of parliament (60 deputies or 60 senators), allowing a large enough opposition to refer legislation the Constitutional Council and so ensure compliance with the Constitution.
He also wanted the Constitutional Council to be able to take the initiative to review legislation that they claimed infringed on civil liberties guaranteed by the preamble or the body of the Constitution, so that every law would actually be consistent with the Constitution. Indeed, in the absence of the political will for a parliamentary referral, a law contrary to the Constitution can enter into force. The National Assembly, however, prevented this provision, especially because it could "lead almost inevitably to the Council using it to prejudge the decision they will have to take"(translated).Original: de conduire presque inéluctablement le Conseil, lorsqu'il en fera usage, à préjuger la décision qu'il sera amené à prendre if they had already said they would choose to review a law.
Consequences