File n° 17 

The President of the National Assembly plays an essential role in French political life, not only on account of his position within the institutions of the Republic and his essential contribution to the proper running of the National Assembly, but also on account of his responsibility for the modernization of the National Assembly, for its opening-up to citizens and for its influence in the world.

This explains why the National Assembly in the Fifth Republic, as during the previous Republics, has often been presided over by high-profile politicians. The following men have been Presidents since 1958 : Jacques Chaban-Delmas (1958-1969, 1978-1981 and 1986-1988), Achille Peretti (1969-1973), Edgar Faure (1973-1978), Louis Mermaz (1981-1986), Laurent Fabius (1988-1992 and 1997-2000), Henri Emmanuelli (1992-1993), Philippe Séguin (1993-1997), Raymond Forni (2000-2002), Jean-Louis Debré (2002-March 2007), Patrick Ollier (March-June 2007) and Bernard Accoyer (since June 2007).

At its first sitting, the newly elected Assembly is chaired by its most senior member and votes for its President. This election, which is valid for the term of the Parliament, is held by secret ballot at the rostrum. If the absolute majority of votes cast is not obtained at the first two rounds of the ballot, then a relative majority is enough at the third. In the case of a tie then the eldest candidate is elected.

I. – the institutional role of the President
of the National Assembly

The institutional role of the President of the National Assembly may be understood through the prerogatives which the Constitution grants him and the powers he exercises through various legislative and statutory texts.

1. – The constitutional prerogatives

As the fourth-ranking dignitary of the State at public ceremonies, the President of the National Assembly is given important prerogatives by the Constitution in the running of the institutions.

a)  Compulsory Consultation

The President of the National Assembly must be consulted by the President of the Republic in various circumstances, such as the dissolution of the National Assembly (article 12 of the Constitution) or the implementation of article 16 which allows the President of the Republic, in serious circumstances, to have recourse to extraordinary measures.

He is also consulted by the Prime Minister when the latter seeks the holding of extra days of sitting beyond the usual one hundred and twenty days which each Assembly may hold during its normal session (article 28 of the Constitution).

b) Relations with the Constitutional Council

The President of the National Assembly appoints, as does the President of the Republic and the President of the Senate, one member of the Constitutional Council at each of its three-yearly renewals.

He may refer bills to the Constitutional Council before their promulgation (article 61 of the Constitution) and may call on it to decide if an international agreement contains any clauses contrary to the Constitution (article 54 of the Constitution). In the course of the legislative procedure, he may also, in the case of disagreement with the Government, call on the Constitutional Council to decide if a Members’ bill or an amendment is, or is not, a matter for statute or is, or is not, contrary to a delegation of authority granted by virtue of article 38 of the Constitution (article 41 of the Constitution).

c) Other Constitutional Powers

According to article 65 of the Constitution, the President of the National Assembly appoints one of the three people who sit on the bodies within the High Council of the Judiciary which have jurisdiction regarding judges and public prosecutors.

The President of the National Assembly presides over the Congress (i.e. the joint sitting of the National Assembly and the Senate) when such a joint assembly is called in order to carry out a constitutional revision – article 89 of the Constitution provides in fact that the Bureau of the Congress shall be that of the National Assembly.

When, according to article 68 of the Constitution, the Parliament is convened as the High Court, the President of the National Assembly presides over it.

2. – Specific powers

The President of the National Assembly, through various legislative and statutory texts, is vested with the power to appoint qualified people to certain bodies and to refer matters to certain other bodies.

a) Powers of Appointment

In addition to appointments he may make by virtue of the Constitution, the President of the National Assembly appoints one or several members of various councils and independent administrative authorities (The High Council for Audiovisual Matters, The Council for Monetary Policy, The Financial Markets’ Authority, The Telecommunications Regulation Authority, The High Authority Against Discrimination and For Equality etc.).

In addition, certain texts provide him with the possibility of appointing one or several M.P.s to sit on bodies on which parliamentary representation has been provided for : this is notably the case for the Commission for Access to Administrative Documents, the National Commission on Computing and Freedom, the Committee for Local Finances or the National Consultative Committee for Ethics in Life Sciences and Health.

b)  Powers of Referral

In addition to the aforementioned power granted by the Constitution to refer matters to the Constitutional Council, the President of the National Assembly may also, by law, refer matters to :

―  The Court of Budgetary and Financial Discipline  ;

―  The National Consultative Committee for Ethics in Life Sciences and Health  ;

―  The High Council for Audiovisual Matters  ;

―  The Council for the Rights of Future Generations.

He may also, at the request of one of the six standing committees of the National Assembly, communicate to the Ombudsman of the Republic any petition which has been referred to the National Assembly.

II. –   the role of the President within the National Assembly

The President receives all official communications transmitted to the National Assembly, and makes all communications on behalf of the National Assembly.

1. –   Role concerning the terms and status of m.p.s

The President of the National Assembly receives all decisions and communications which could have a bearing on M.P.s’ terms of office or status :

―   Decisions of the Constitutional Council concerning electoral disputes, resignations or vacant seats  ;

―   Correspondence concerning parliamentary immunity  ;

―   Declarations of professional activities  ;

―   Membership of political groups and declarations of party membership for the financing of public subsidies to political parties.

He must then implement the procedures provided for in such circumstances either through his own initiative or by referring the matter to the Bureau.

2. –   Role in the organisation of parliamentary work

Each week, the President of the National Assembly convenes and presides over the Conference of Presidents, which gathers together the Vice Presidents of the National Assembly, the Chairmen of the Committees, the Chairman of the Delegation for the European Union and the Chairmen of the political groups, as well as the Head Rapporteur of the Finance Committee. The Conference of Presidents establishes the order of business of the National Assembly, in agreement with the representative of the Government, who may ask for certain bills to be given priority in accordance with article 48 of the Constitution.

The President convenes and presides over the Bureau of the National Assembly.

In addition the President :

― Implements appointment procedures  ;

― Oversees the running of the committees which he convenes for their briefing  ;

― Receives the tabling of all initiatives  ;

― Sends Government and Members’ bills for examination to the relevant committee  ;

― Oversees the implementation of the correct procedure for written and oral questions  ;

― Oversees the financial admissibility of amendments upon their being tabled, on the advice of the Chairman of the Finance Committee  ;

― Notifies the relevant authorities of the transmission of bills passed.

3. –   Role in the chairing of public sittings

In this area it is the President’s duty :

―  To open, close or adjourn the sitting  ;

―  To chair the debates in accordance with the decisions taken by the Conference of Presidents  ;

―  To decide the order of speaking and be the only one to give speakers the floor  ;

―  To postpone debates and votes on certain articles and amendments  ;

―  To oversee the respect of the Rules of Procedure, as well as of constitutional or institutional provisions  ;

―  To keep order in the Chamber.

In the carrying-out of these functions the President may be replaced by one of the Vice Presidents of the National Assembly.

4. – Other roles

The President of the National Assembly is in charge of the internal and external security of the National Assembly (ordinance n° 58-100 of November 17, 1958 concerning the running of parliamentary assemblies). He thus has at his disposal and under his orders, a military unit, whose responsibility it is to oversee the security of the Palais Bourbon and the parliamentary precincts.