What are the legislative functions of the Senate?

The Senate’s legislative powers are similar to those of the National Assembly. Senators represent local governments. The Senate submits and amends bills as well as votes on the budget.

Which chamber cannot be dissolved?

Senate cannot be dissolved.

In what way are the members of the Senate elected?

Members of the Senate are elected indirectly by electoral colleges in their districts and serve six-year terms. Every three years, half of the Senate is up for re-election. There are 348 seats in the Senate. (The last Senate election was held in September 2011, when the Socialist Party took the majority for the first time since the beginning of the Fifth Republic in 1958.)

What is cumul des mandats?

It has long been customary for Parliament members to hold, in addition to the office of deputy or senator, another local office such as city mayor, hence titles like "Deputy and Mayor" (député-maire) and "Senator and Mayor" (sénateur-maire). This is known as the cumul des mandats.

What are the arguments of the proponents of the cumul?

Proponents of the cumul allege that having local responsibilities ensures that members of parliament stay in contact with the reality of their constituency; also, they are said to be able to defend the interest of their city etc. better by having a seat in parliament.

What are the arguments of the critics of the cumul?

Critics contend that lawmakers that also have some local mandate cannot be assiduous to both tasks; for instance, they may neglect their duties to attend parliamentary sittings and commission in order to attend to tasks in their constituency. The premise that holders of dual office can defend the interest of their city etc. in the National Parliament is criticized in that national lawmakers should have the national interest in their mind, not the advancement of the projects of the particular city they are from. Finally, this criticism is part of a wider criticism of the political class as a cozy, closed world in which the same people make a long career from multiple positions.

Who can propose a statute legislation?

Statute legislation may be proposed by the government (council of ministers), or by members of Parliament. In the first case, it is a project of the law (projet de loi); in the latter case, a proposal of the law(proposition de loi).

What procedure must a project of law undergo before being admitted to the Parliament?

All projects of the law must undergo compulsory advisory review by the Council of State before being submitted to parliament. Since 2009, the bill submitted to Parliament must also come with a study of the possible impact of the law: other possible options, interactions with European law, economic, social, financial and environmental consequences.

Where do the projects of law and proposals of law start?

Projects of the law start in the house of the government's choice (except in some narrow cases). Proposals of the law start in the house where they originated.

What is the usual procedure of making the law in the French Parliament?

After the house has amended and voted on the text, it is sent to the other house, which can also amend it. If the houses do not choose to adopt the text in identical terms, it is sent before a commission made of equal numbers of members of both houses, which tries to harmonize the text. If it does not manage to do so, the National Assembly can vote the text and have the final say on it (except for laws related to the organization of the Senate).

What happens to the law when it is submitted to the President for signature?

The President of France, the speaker of either house or a delegation of 60 deputies or 60 senators can ask for the text to undergo constitutional review before being put into force; it is then sent before the Constitutional Council. The President can also, only once per law and with the countersigning of the Prime minister, send the law back to parliament for another review. Otherwise, the President must sign the law. After being countersigned by the Prime minister and the concerned ministers, it is then sent to the Journal Officiel for publication.

What makes the French Judiciary independent?

French judicial branch does not answer to or is directly controlled by the other two branches of government.

What is the most distinctive feature of the French judicial system?

The most distinctive feature of the French judicial system is that it is divided into judicial and administrative streams.

What cases do judicial courts adjudicate?

The judicial stream of courts adjudicates civil and criminal cases.

What is the structure of the judicial court stream?

The judicial court stream consists of inferior courts, intermediate appellate courts, and the French Supreme Court.

What is the status of judges?

In France, judges are considered civil servants exercising one of the sovereign powers of the state, and, accordingly, only French citizens are eligible for judgeship. France's independent judiciary enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the judicial, administrative, or audit court stream. Judicial appointments must be approved by a special panel, the High Council of the Judiciary, made up of other judges from receiving court. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted before the Council conducted in due process.

How is the status of public prosecutors different from that of judges?

The public prosecutors take orders from the Minister of Justice. In the past, this has bred suspicion of undue political pressure to dismiss suits or claims against government officials charged with corruption, and the status of public prosecutors and their ties to government are frequently topics of debate.