Political System of France

A.YASAVI INTERNATIONAL KAZAKH-TURKISH UNIVERSITY

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Turkestan

Content

1. Introduction

2. Political System of France

a) Government and politics

b) Law

3. Conclusion

4. References

Introduction

The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789."

The political system of France consists of an executive branch, a legislative branch and a judicial branch. Executive power is exercised by the President of the Republic and the Government. The Government consists of the Prime Minister and ministers. The Prime Minister is appointed by the President, and is responsible to Parliament. The government, including the Prime Minister, can be revoked by the National Assembly, the lower house of Parliament, through a "censure motion"; this ensures that the Prime Minister is always supported by a majority of the lower house (which, on most topics, has prominence over the upper house).

Political System of France

The French Republic is a unitary semi-presidential republic with strong democratic traditions. The constitution of the Fifth Republic was approved by referendum on 28 September 1958. It greatly strengthened the authority of the executive in relation to parliament. The executive branch itself has two leaders: the President of the Republic, currently François Hollande, who is head of state and is elected directly by universal adult suffrage for a 5-year term (formerly 7 years), and the Government, led by the president-appointed Prime Minister, currently Manuel Valls.

The French parliament is a bicameral legislature comprising a National Assembly (Assemblée Nationale) and a Senate. The National Assembly deputies represent local constituencies and are directly elected for 5-year terms. The Assembly has the power to dismiss the government, and thus the majority in the Assembly determines the choice of government. Senators are chosen by an electoral college for 6-year terms (originally 9-year terms), and one half of the seats are submitted to election every 3 years starting in September 2008.

The Senate's legislative powers are limited; in the event of disagreement between the two chambers, the National Assembly has the final say. The government has a strong influence in shaping the agenda of Parliament.

French politics are characterised by two politically opposed groupings: one left-wing, centred on the French Socialist Party, and the other right-wing, centred previously around the Rassemblement pour la République (RPR), then its successor the UMP Union for a Popular Movement (UMP), which in 2015 was renamed Les Républicains. Since the 2012 elections, the executive branch is currently composed mostly of the Socialist Party.

France uses a civil legal system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judicial interpretation in certain areas makes it equivalent to case law). Basic principles of the rule of law were laid in the Napoleonic Code (which was, in turn, largely based on the royal law codified under Louis XIV). In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, wrote about the management of prisons: Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality. That is, Law should lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy.

French law is divided into two principal areas: private law and public law. Private law includes, in particular, civil law and criminal law. Public law includes, in particular, administrative law and constitutional law. However, in practical terms, French law comprises three principal areas of law: civil law, criminal law, and administrative law. Criminal laws can only address the future and not the past (criminal ex post facto laws are prohibited). While administrative law is often a subcategory of civil law in many countries, it is completely separated in France and each body of law is headed by a specific supreme court: ordinary courts (which handle criminal and civil litigation) are headed by the Court of Cassation and administrative courts are headed by the Council of State.

To be applicable, every law must be officially published in the Journal officiel de la République française.

France does not recognise religious law as a motivation for the enactment of prohibitions. France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in 1791). However, "offences against public decency" (contraires aux bonnes mœurs) or disturbing public order (trouble à l'ordre public) have been used to repress public expressions of homosexuality or street prostitution. Since 1999, civil unions for homosexual couples are permitted, and since May 2013, same-sex marriage and LGBT adoption are legal in France. Laws prohibiting discriminatory speech in the press are as old as 1881. Some consider however that hate speech laws in France are too broad or severe and damage freedom of speech. France has laws against racism and antisemitism. Since 1990, the Gayssot Act prohibits Holocaust denial.

France's attitude towards freedom of religion is complex. Freedom of religion is guaranteed by the constitutional rights set forth in the 1789 Declaration of the Rights of Man and of the Citizen. However, since the 1905 French law on the Separation of the Churches and the State, the State tries to prevent its policy-making from being influenced by religion and became suspicious in recent decades towards new religious tendencies of the French society: the Parliament has listed many religious movements as dangerous cults since 1995, and has banned wearing conspicuous religious symbols in schools since 2004. In 2010, it banned the wearing of face-covering Islamic veils in public. As some have complained that they have suffered from discrimination thus, and after criticism by human rights groups such as Amnesty International and Human Rights Watch, these laws remain controversial, although they are supported by most of the population.

France is a founding member of the United Nations and serves as one of the permanent members of the UN Security Council with veto rights. In 2015, France was described as being "the best networked state in the world", because it is a country that "is member of more multi-lateral organisations than any other country".

France is a member of the G8, World Trade Organization (WTO), the Secretariat of the Pacific Community (SPC) and the Indian Ocean Commission (COI). It is an associate member of the Association of Caribbean States (ACS) and a leading member of the International Francophone Organisation (OIF) of fifty-one fully or partly French-speaking countries.

As a significant hub for international relations, France hosts the second largest assembly of diplomatic missions in the world and the headquarters of international organisations including the OECD, UNESCO, Interpol, the International Bureau of Weights and Measures, and la Francophonie.

Postwar French foreign policy has been largely shaped by membership of the European Union, of which it was a founding member. Since the 1960s, France has developed close ties with reunified Germany to become the most influential driving force of the EU. In the 1960s, France sought to exclude the British from the European unification process, seeking to build its own standing in continental Europe. However, since 1904, France has maintained an "Entente cordiale" with the United Kingdom, and there has been a strengthening of links between the countries, especially militarily.

France is a member of the North Atlantic Treaty Organisation (NATO), but under President de Gaulle, it excluded itself from the joint military command to protest the special relationship between the United States and Britain and to preserve the independence of French foreign and security policies.[133] France vigorously opposed the 2003 invasion of Iraq, straining bilateral relations with the US and the UK. However, as a result of Nicolas Sarkozy's pro-American politics (much criticised in France by the leftists and by a part of the right), France rejoined the NATO joint military command on 4 April 2009.

In the early 1990s, the country drew considerable criticism from other nations for its underground nuclear tests in French Polynesia.

France retains strong political and economic influence in its former African colonies (Françafrique) and has supplied economic aid and troops for peace-keeping missions in Ivory Coast and Chad. Recently, after the unilateral declaration of independence of northern Mali by the Tuareg MNLA and the subsequent regional Northern Mali conflict with several Islamist groups including Ansar Dine and MOJWA, France and other African states intervened to help the Malian Army to retake control.

In 2013, France was the fourth largest (in absolute terms) donor of development aid in the world, behind the US, the UK and Germany. This represents 0.36% of its GDP, in this regard rating France as twelfth largest donor on the list. The organisation managing the French help is the French Development Agency, which finances primarily humanitarian projects in sub-Saharan Africa. The main goals of this help are "developing infrastructure, access to health care and education, the implementation of appropriate economic policies and the consolidation of the rule of law and democracy".

The French Armed Forces (Forces armées françaises) are the military and paramilitary forces of France, under the president as supreme commander. They consist of the French Army (Armée de Terre), French Navy (Marine Nationale, formerly called Armée de Mer), the French Air Force (Armée de l'Air), the French Strategic Nuclear Force (Force Nucléaire Stratégique, nicknamed Force de Frappe or "Strike Force") and the Military Police called National Gendarmerie (Gendarmerie nationale), which also fulfils civil police duties in the rural areas of France. Together they are among the largest armed forces in the world and the largest in the EU.

While the Gendarmerie is an integral part of the French armed forces (gendarmes are career soldiers), and therefore under the purview of the Ministry of Defence, it is operationally attached to the Ministry of the Interior as far as its civil police duties are concerned.

When acting as general purpose police force, the Gendarmerie encompasses the counter terrorist units of the Parachute Intervention Squadron of the National Gendarmerie (Escadron Parachutiste d'Intervention de la Gendarmerie Nationale), the National Gendarmerie Intervention Group (Groupe d'Intervention de la Gendarmerie Nationale), the Search Sections of the National Gendarmerie (Sections de Recherche de la Gendarmerie Nationale), responsible for criminal enquiries, and the Mobile Brigades of the National Gendarmerie (Brigades mobiles de la Gendarmerie Nationale, or in short Gendarmerie mobile) which have the task to maintain public order.

The following special units are also part of the Gendarmerie: The Republican Guard (Garde républicaine) which protects public buildings hosting major French institutions, the Maritime Gendarmerie (Gendarmerie maritime) serving as Coast Guard, the Provost Service (Prévôté), acting as the Military Police branch of the Gendarmerie.

As far as the French intelligence units are concerned, the Directorate-General for External Security (Direction générale de la sécurité extérieure) is considered to be a component of the Armed Forces under the authority of the Ministry of Defence. The other, the Central Directorate for Interior Intelligence (Direction centrale du renseignement intérieur) is a division of the National Police Force (Direction générale de la Police Nationale), and therefore reports directly to the Ministry of the Interior. There has been no national conscription since 1997.

France has a special military corps, the French Foreign Legion, founded in 1830, which consists of foreign nationals from over 140 countries who are willing to serve in the French Armed Forces and become French citizens after the end of their service period. The only other countries having similar units are Spain (the Spanish Foreign Legion, called Tercio, was founded in 1920) and Luxembourg (foreigners can serve in the National Army provided they speak Luxembourgish).

France is a permanent member of the Security Council of the UN, and a recognised nuclear state since 1960. France has signed and ratified the Comprehensive Nuclear-Test-Ban Treaty (CTBT)[147] and acceded to the Nuclear Non-Proliferation Treaty. France's annual military expenditure in 2011 was US$62.5 billion, or 2.3%, of its GDP making it the fifth biggest military spender in the world after the United States, China, Russia, and the United Kingdom.[148]

French nuclear deterrence, (formerly known as "Force de Frappe"), relies on complete independence. The current French nuclear force consists of four Triomphant class submarines equipped with submarine-launched ballistic missiles. In addition to the submarine fleet, it is estimated that France has about 60 ASMP medium-range air-to-ground missiles with nuclear warheads,[149] of which around 50 are deployed by the Air Force using the Mirage 2000N long-range nuclear strike aircraft, while around 10 are deployed by the French Navy's Super Étendard Modernisé (SEM) attack aircraft, which operate from the nuclear-powered aircraft carrier Charles de Gaulle. The new Rafale F3 aircraft will gradually replace all Mirage 2000N and SEM in the nuclear strike role with the improved ASMP-A missile with a nuclear warhead.

The military parade held in Paris each 14 July for France's national day, called Bastille Day in English-speaking countries (but not in France), is the oldest and largest regular military parade in Europe.

In April and May 2012, France held a presidential election in which the winner, François Hollande, had opposed austerity measures, promising to eliminate France's budget deficit by 2017. The new government stated that it aimed to cancel recently enacted tax cuts and exemptions for the wealthy, raising the top tax bracket rate to 75% on incomes over a million euros, restoring the retirement age to 60 with a full pension for those who have worked 42 years, restoring 60,000 jobs recently cut from public education, regulating rent increases; and building additional public housing for the poor.

In June, Hollande's Socialist Party won a supermajority in legislative elections capable of amending the French Constitution and enabling the immediate enactment of the promised reforms. French government bond interest rates fell 30% to record lows, less than 50 basis points above German government bond rates.

Under European Union rules, member states are supposed to limit their debt to 60% of output or be reducing the ratio structurally towards this ceiling, and run public deficits of no more than 3% of GDP. The French government has run a budget deficit each year since the early 1970s. In 2012, French government debt levels reached 1.8 trillion euros, the equivalent of 90% of French GDP.

In late 2012, credit rating agencies warned that growing French government debt levels risked France's AAA credit rating, raising the possibility of a future downgrade and subsequent higher borrowing costs for the French government.

Conclusion

France has major military industries with one of the largest aerospace industries in the world.[150][151] Its industries have produced such equipment as the Rafale fighter, the Charles de Gaulle aircraft carrier, the Exocet missile and the Leclerc tank among others. Despite withdrawing from the Eurofighter project, France is actively investing in European joint projects such as the Eurocopter Tiger, multipurpose frigates, the UCAV demonstrator nEUROn and the Airbus A400M. France is a major arms seller, with most of its arsenal's designs available for the export market with the notable exception of nuclear-powered devices.

References

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