The French Lawmaking Process: Bills To Laws

The legislative process in France involves the French Parliament, which consists of the National Assembly and the Senate, as well as the President. Any bill, whether proposed by the government or a member of Parliament, is discussed by each of the two Houses to reach an agreement on the clauses to be examined. This process is known as The Shuttle. If the Houses cannot agree, the government can call a meeting of the Joint Mediation Committee, which is composed of members from each House, to work towards a compromise. If this procedure fails, the government can request a new reading in each House before asking the National Assembly to vote on the bill. If the bill passes through both Houses, it is then promulgated by the President and published in the Journal officiel to become law.

The role of the French Senate

The French Senate plays a crucial role in the legislative process, working alongside the National Assembly to shape and approve bills that become laws. The Senate's role begins with setting the agenda, which is done by the Presidents' Conference, consisting of the Speaker of the Senate, deputy speakers, and presidents of the political groups and committees. This body decides on the order of business, including which bills will be discussed and in what order.

Once a bill is introduced, it is assigned to a committee for review. The Senate committees, made up of Senators with expertise in relevant areas, carefully examine, discuss, and make changes to the bill. They may also seek additional information by sending the bill to a subcommittee before bringing it back for approval. This process ensures that bills are thoroughly vetted and revised as needed before moving forward.

After a bill passes through the committee stage, it is reported back to the Senate floor for debate and voting. Senators discuss the bill, explaining their support or opposition, and propose amendments. The bill is then ready for a vote, and if it passes with a simple majority, it moves forward in the legislative process.

If a bill passes the Senate, it will also go through a similar process in the National Assembly. The two houses will then work together to reconcile any differences between their versions of the bill. This collaboration is a key aspect of law-making in France, ensuring that both chambers have a say in shaping the final legislation.

In cases where the Senate and the National Assembly cannot reach an agreement, the government can intervene. The Prime Minister may call for a meeting of the Joint Mediation Committee, composed of members from both houses, to find a compromise. If this mediation fails, the government can still proceed with new readings and votes in each house before calling for a final vote on the text.

The French Senate's role in law-making is, therefore, significant. Through agenda-setting, committee work, debate, and voting, the Senate helps shape the legislation that becomes French law, collaborating with the National Assembly to reach consensus and, when necessary, working through disagreements to find a compromise.

The legislative process

Any bill, whether proposed by the government or a member of Parliament, is discussed by each of the two Houses to reach an agreement on the clauses to be examined. This process is called The Shuttle. The government can stop The Shuttle after two readings in each House, after which the Prime Minister calls for a meeting of the Joint Mediation Committee, composed of seven members from each House, to draft a compromise on the clauses with no agreement. If this mediation fails, the government can proceed with new readings in each House and ask the National Assembly to vote on the final text. However, this is a rare situation, occurring in about 10% of laws introduced since 1958.

The Prime Minister can also declare a bill a matter of urgency and summon the Joint Mediation Committee after a single reading by Parliament.

Bills can originate from the government or a member of Parliament. They are then assigned to a committee, which reviews, researches, discusses, and makes changes. If the committee requires more information, the bill is sent to a subcommittee for closer examination and expert opinions. Once the committee approves the bill, it is reported to the House floor for debate and voting.

If a bill passes in one House, it goes through a similar process in the other House. Once both Houses approve a bill, they work out any differences, and both chambers vote on the same version. If it passes, they present it to the President, who can approve and sign it into law or refuse and veto it. If vetoed, the Houses can hold another vote, and if two-thirds support the bill, the veto is overridden, and the bill becomes law.

In France, legislation is seen as the primary source of law, with an emphasis on statutes. French legislative sources are classified into constitutional laws, parliamentary statutes (loi), and government regulations (règlements). Constitutional laws are superior to all other sources, followed by treaties, parliamentary statutes, and government regulations. EU law and international treaties are also considered, with French courts viewing the French Constitution as superior to these.

The Shuttle

The Prime Minister can also declare a bill to be a matter of urgency, allowing them to summon the Joint Mediation Committee after a single reading by Parliament. This further highlights the importance of The Shuttle in the French legislative process, as it can be a decisive factor in determining whether a bill becomes a law.

The role of the Prime Minister

The Prime Minister of France is the head of the government of the French Republic and the leader of its Council of Ministers. They are appointed by the President of France and are accountable to the Parliament. The Prime Minister directs the actions of the Government and ensures the implementation of legislation. They are responsible for managing the cohesion and coordination of the government, which is made up of ministers and junior ministers, appointed by both the Prime Minister and the President. The Prime Minister is also in charge of ensuring there are no contradictory policy decisions and, in the case of a lack of agreement between ministers, they act as an arbiter.

The Prime Minister is the only member of the government who can introduce legislation in Parliament. They can also "engage the responsibility" of the government before the National Assembly by placing a bill before the assembly. If the assembly does not overthrow the government, the bill is passed automatically.

In the event of a disagreement between the two houses of Parliament, the National Assembly has the last word. The Prime Minister can also declare a bill to be a matter of urgency and summon the Join Mediation Committee after a single reading by Parliament.

The Prime Minister is also in charge of national defence and directs the country's policy in this area. They are assisted by the Secrétariat général de la défense et de la sécurité nationale, to which they communicate the decisions of the President and ensure inter-ministerial coordination.

The hierarchy of norms

At the apex of this hierarchy are the Constitutional laws, which take precedence over all other sources of law in France. These laws establish the fundamental principles, rights, and organisation of the state, and any violation of these laws is considered a serious matter.

The next level is comprised of treaties, including European Union treaties and international agreements. While these treaties are considered superior to domestic laws, the French Constitution takes precedence over them, as per the interpretation of French courts. This is a notable point of divergence from the perspective of EU institutions, which maintain that EU law should supersede the laws of member states.

Following the treaties are the Parliamentary statutes (loi) enacted by the French Parliament. These statutes cover a range of matters, including civil liberties, nationality, civil status, taxes, criminal law, and criminal procedure.

The fourth level in the hierarchy is occupied by Government regulations (règlements), which are legislations produced by the executive power. There are two types of regulations: Règlements autonomes, which pertain to subjects not expressly specified in Article 38 of the Constitution, and Règlements d'application, which are rules arising from parliamentary delegation.

Additionally, it is worth noting that legislation enacted by orders (ordonnances) and regulations issued under Article 38 of the Constitution possess the same status as Parliamentary statutes. These orders are short-lived and used by the government to implement its programme. They are valid only if authorised by an enabling law passed by Parliament and are subject to ratification by Parliament to gain the status of statutes.

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