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France is a constitutional democracy in which citizens elect the President and the Legislature in periodic, free, and fair elections. The most recent elections took place in May and June 2002. The judiciary is independent.
The constitution of the Fifth Republic was approved by public referendum on September 28, 1958. It greatly strengthened the authority of the executive in relation to Parliament. Under the constitution, presidents have been elected directly for a 7-year term since 1958. Beginning in 2002, the term of office is now 5 years. Presidential arbitration assures regular functioning of the public powers and the continuity of the state. The president names the prime minister, presides over the cabinet, commands the armed forces, and concludes treaties.
The president may submit questions to a national referendum and can dissolve the National Assembly. In certain emergency situations, the president may assume full powers. Besides the president, the other main component of France's executive branch is the cabinet. Led by a prime minister, who is the head of government, the cabinet is composed of a varying number of ministers, ministers-delegate, and secretaries of state. Parliament meets for one 9-month session each year. Under special circumstances an additional session can be called by the president.
Although parliamentary powers are diminished from those existing under the Fourth Republic, the National Assembly can still cause a government to fall if an absolute majority of the total Assembly membership votes to censure. The Parliament is bicameral with a National Assembly and a Senate. The National Assembly is the principal legislative body. Its deputies are directly elected to 5-year terms, and all seats are voted on in each election. Senators are chosen by an electoral college and, under new rules passed in 2003 to shorten the term, serve for six years, with one-half of the Senate being renewed every three years. (As a transitional measure in 2004, 62 Senators will be elected to 9-year terms, while 61 will be elected to 6-year terms; subsequently, all terms will be six years.)”The Senate's legislative powers are limited; the National Assembly has the last word in the event of a disagreement between the two houses. The government has a strong influence in shaping the agenda of Parliament. The government also can declare a bill to be a question of confidence, thereby linking its continued existence to the passage of the legislative text; unless a motion of censure is introduced and voted, the text is considered adopted without a vote.
[source: US Department of State]
Law, Courts & Judgments
The most distinctive feature of the French judicial system is that it is divided into the Constitutional Council and the Council of State. The Constitutional Council examines legislation and decides whether it conforms to the constitution. Unlike the U.S. Supreme Court, it considers only legislation that is referred to it by Parliament, the prime minister, or the president; moreover, it considers legislation before it is promulgated. The Council of State has a separate function from the Constitutional Council and provides recourse to individual citizens who have claims against the administration. The Ordinary Courts--including specialized bodies such as the police court, the criminal court, the correctional tribunal, the commercial court, and the industrial court--settle disputes that arise between citizens, as well as disputes that arise between citizens and corporations. The Court of Appeals reviews cases judged by the Ordinary Courts.
The French court system includes local courts, 35 regional courts of appeal, and the highest criminal court, the Court of Cassation, which considers appeals on procedural grounds only. Prospective magistrates compete for entry into the National School for Judges; upon completion of their course of study and rigorous exams, magistrates are placed according to their class ranking.
[source: US Department of State]
Human Rights
The French Government generally respected the human rights of its citizens in 2003, although there were a few problems in some areas; the law and judiciary provided effective means of dealing with cases of individual abuse. There were instances of the abuse of detainees, particularly foreigners, and reports of the use of excessive force by law enforcement officers. Long delays in bringing cases to trial and lengthy pretrial detention were problems. Societal violence against women and children were problems, which the Government took steps to address. Anti-Semitic attacks were a problem, but decreased in number; the Government continued to take steps to prevent and prosecute such incidents. There were instances of violence and discrimination against immigrants and religious minorities. Trafficking in women and children was a problem, which the Government took steps to address.
[source: US Department of State]
Legal Profession
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