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The Coming into Effect of the New Constitutional Provisions and the Reform of Parliamentary Procedure
 

May 2009

The French Constitution was modified by the Constitutional Law of July 23, 2008 on the modernization of the institutions of the Fifth Republic. New rights were granted to citizens. Parliament was provided with additional means to carry out its remit.

The New Prerogatives of Parliament

Parliament will be called upon to have a greater say in the content of legislation. From March 1 on, bills examined in committee will no longer be debated in the plenary sitting on the basis of the Government text but of that adopted by the committee. The agenda, which was previously controlled by the Government, will provide a more substantial place to parliamentary initiatives.

At the same time, the monitoring of Government action and the assessment of public policies, for which one week of sitting out of four will be given over, will be recognized as priorities. As from September 2009 Bills will be accompanied by impact studies which will enable a better assessment of the consequences of the proposed provisions. Committees will possess new prerogatives to carry out their remits.

Balance in the reform will be provided by the new article 51-1 of the Constitution which enables the assemblies to recognize the “specific rights “of opposition and minority groups.

The Reforms Will Come into Effect over a Staggered Time Period

• Certain provisions came into effect immediately.

This was the case, for example, for procedures concerning the informing and the authorization of Parliament concerning military interventions abroad, provided for in article 35.

• Certain provisions are subject to a preliminary vote of specific laws and thus come into effect as these are passed.

This is the case for the temporary nature of the replacement of parliamentarians who accept government positions, which was “activated” by the Institutional Law of January 13, 2009 and thus implemented article 25 of the Constitution.

Other institutional laws are planned, including for example, one to broaden the field for referenda (article 11) or another to allow persons subject to trial to challenge the conformity of a legislative provision to the Constitution before the Constitutional Council (article 61-1).

• Nonetheless, the date for the coming into effect of the main provisions of the reform of parliamentary procedure was expressly set by the constituent assembly as March 1, 2009.

So that such measures could come into effect in smooth conditions, their implementation should have been preceded by the passing of an institutional law dealing with resolutions, impact studies and the right to amendment (articles 34-1, 39 and 44 of the Constitution) and subsequently by a reform of the Rules of Procedure of the assemblies. However the institutional law was only tabled on December 10, 2008 and the Act was promulgated on March 15, 2009 [Act No 2009-403]. The delay introduced concerning this examination has had consequences on the reform of the Rules of Procedure which could begin after this promulgation.

However, as the Constitution is at the apex of the internal hierarchy of laws, the fact that the Rules of Procedure have not yet been modified has not created an obstacle to the implementation of its provisions. Thus as of March 1, the new principles of parliamentary procedure (in particular the discussion in plenary sitting of bills adopted by committees and the “sharing” of the agenda) are applicable.

The constitutional provisions which merely grant the assemblies authorization to implement certain reforms will only come into concrete effect once the modification of the Rules of Procedure has come into force. This is the case, for example, of the possibility of increasing the number of standing committees from six to eight (article 43 of the Constitution) or of recognizing the specific rights of opposition and minority groups (article 51-1).

The modified Rules of Procedure was approved by the National Assembly on May 27th, 2009.They were transmitted, that day, to the Constitutional Council, as set forth by the Constitution. The Constitutional Council must deliver its ruling within one month. The new Rules of Procedure can " be applied " as from the decision of the Constitutional Council.