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Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
Comments: C:3 "National sovereignty shall belong to the people, who shall exercise it through their representatives and by means of referendum." C:11 "The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, submit to a referendum any government bill which deals with the organization of the public authorities, or with reforms relating to the economic or social policy of the Nation and to the public services contributing thereto, or which provides for authorization to ratify a treaty that, although not contrary to the Constitution, would affect the functioning of the institutions. Where the referendum is held in response to a proposal by the Government, the latter shall make a statement before each assembly which shall be followed by a debate. Where the referendum decides in favour of the government bill, the President of the Republic shall promulgate it within fifteen days following the proclamation of the results of the vote." C:60 "The Constitutional Council shall ensure the proper conduct of referendum proceedings as provided for in articles 11 and 89 and in Title XV and shall declare the results of the referendum." C:72-1 "The conditions in which voters in each territorial unit may use their right of petition to ask for a matter within the powers of the unit to be entered on the agenda of its decision-making assembly shall be determined by statute. In the conditions determined by institutional Act, draft decisions or acts within the powers of a territorial unit may, on its initiative, be presented for a decision to be taken by the voters in that unit by referendum." C:72-4 "There may be no change for all or part of one of the units to which the second paragraph of article 72-3 applies, from one to another of the statuses provided for by articles 73 and 74, without the prior consent of voters in the relevant unit or part of a unit being sought in the manner provided for by the paragraph below. Such change of status shall be made by institutional Act. The President of the Republic may, on a proposal from the Government when Parliament is in session or on a joint motion of the two assemblies, published in either case in the Journal officiel, decide to consult voters in an overseas territorial unit on a question relating to its organisation, its powers or its legislative system. Where the referendum concerns a change as provided for by the foregoing paragraph and is held in response to a proposal by the Government, the Government shall make a statement before each assembly which shall be followed by a debate." C:88-5 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union and to the European Communities shall be submitted to referendum by the President of the Republic." C:88-7 "Any legislative proposal authorising the ratification of a Treaty pertaining to the accession of a State to the European Union shall be submitted to referendum by the President of the Republic." C:89 "The President of the Republic, on a proposal by the Prime Minister, and Members of Parliament alike shall have the right to initiate amendment of the Constitution. A government or a Member's bill to amend the Constitution shall be passed by the two assemblies in identical terms. The amendment shall have effect after approval by referendum. However, a government bill to amend the Constitution shall not be submitted to referendum where the President of the Republic decides to submit it to Parliament convened in Congress; the government bill to amend the Constitution shall then be approved only if it is adopted by a three-fifths majority of the votes cast. The Bureau of the Congress shall be that of the National Assembly. No amendment procedure shall be commenced or continued where the integrity of the territory is jeopardized. The republican form of government shall not be the object of an amendment."
Source: The 1958 Constitution of France, art. 3, 11, 60, 72-1, 88-5, 88-7 and 89
Verified: 2007/01/10
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