File n° 29

I. –  the tabling of the bill

The prerogative of initiating laws belongs to the Prime Minister and to M.P.s and Senators. Bills initiated by the Prime Minister are called “projets de loi” or Government bills whilst those initiated by parliamentarians are referred to as “propositions de loi” or Members’ bills.

Before being examined, each bill is tabled. This requires following a number of prior formalities :

―  For Government bills, tabling is preceded by consultation of the Conseil d’État for its opinion. In this case the Conseil d’État acts as an adviser to the Government and not as an administrative court. This is followed by deliberation in the Council of Ministers ;

―  Members’ bills may be tabled by one or several M.P.s or Senators, on the condition that their passing does not have the consequence of either a diminution of public resources or the creation or increase of an item of public expenditure: the Bureau of each assembly has the responsibility of checking the financial admissibility of Members’ bills.

Finance bills and social security finance bills must be first tabled in the National Assembly. On the contrary, bills which deal principally with the organization of territorial units and bills concerning the representative bodies of French citizens living abroad are first  introduced in the Senate. For all other bills, the examination of a bill can begin in either of the two assemblies.

Following its tabling, which requires official public notice, each bill is printed and sent for examination to a standing committee or an ad hoc committee.

The Government and Members’ bills are in two parts :

―  The presentation of the case, in which the arguments of the bill’s author are put forward to support the legislative modifications or any new provisions envisaged ;

―  The main body, drawn up in article form with each clearly successively numbered. This is the prescriptive section and will be the only part submitted for examination by the two assemblies. The object of each article is either to modify a provision of a law already in force or to enact a new legislative provision.

II. –  the shuttle

Each Government or Members’ bill is examined successively in the two assemblies of Parliament with the view to passing an identical text. A bill passed in identical terms by the two assemblies is definitive: it constitutes the letter of the law.

The procedure which leads to the definitive passing of a bill consists of a to-and-fro movement between the two assemblies (from which we get the term “shuttle”). Each House is called upon to examine and possibly to modify the bill passed by the other. Only the articles over which there is divergence remain in discussion. The shuttle comes to an end when one of the two assemblies passes the bill without modification and with all its articles, as it has been previously passed by the other House. Each examination by an assembly is called a “reading”. 

1. –  Examination in first reading

Examination in first reading of a bill tabled before an assembly includes several stages: examination by a committee, inclusion on the agenda and finally, discussion in plenary sitting at the end of which the bill will be transmitted to the other assembly. This transmission of the bill to the other assembly begins the shuttle.

The procedure which is described hereafter is that followed by the National Assembly. This procedure is mainly the same at the Senate although there are some differences, not always small ones, in the procedures of the two assemblies.

a)  Examination in Committee

Once a bill has been tabled it is sent for examination to a committee. This committee may be an ad hoc committee set up for the examination of a particular Government or Members’ bill. However for most bills, this examination is carried out by one of the six standing committees in each of the two assemblies.

The referral of the bill to one or another of the standing committees is carried out by the President of the National Assembly according to their respective remits as they are laid down in the Rules of Procedure of the National Assembly.

The committee to which the text is referred is called the lead committee and it appoints from amongst its members a rapporteur, who is responsible for presenting, on its behalf, a report which will be printed and distributed.

According to the nature of the bill submitted to it for examination, the conclusion of the committee’s work will be different :

―  Reports made on Government bills referred to one assembly first or on bills (either Government or Members’ bills) transmitted to it by the other assembly finish by their adoption (either with or without amendments) or by their rejection ;

―  Reports made on a bill tabled by a member of its assembly always finish with an overall text on the basis of which that assembly will be called to deliberate in plenary sitting.  

b)  Inclusion on the Agenda

In order to be discussed in plenary sitting, a Government or Members’ bill must be included on the agenda of the assembly.

The Constitution introduced a priority for the Government in the setting of the agenda. It allows each assembly the possibility of adopting, on its own initiative, an additional agenda other than that of the Government, but this possibility only remains theoretical given the cluttered priority agenda. Since the constitutional revision of August 4, 1995, one sitting per month has however been given over in each assembly to an agenda set by itself.

On account of this priority, the Government draws up a list of the bills it wishes to see appear on the agenda and decides on the order in which they will be discussed, as well as their date of discussion. However, the conditions in which this agenda is set mean that, in the interests of a good programme of work, prior information is often given to the two assemblies and in particular to their committees.

This consultation is mainly carried out in the Conference of Presidents.

c) Examination in Plenary Sitting 

The discussion in plenary sitting takes place in two phases: the general examination phase and the detailed examination phase;

―  The general examination phase is essentially a presentation phase. The chairman of the sitting, after having called the bill on the agenda, gives the floor to the Government which is usually represented by the minister concerned by the discussion and then to the rapporteur of the committee. For the discussion of Members’ bills, the floor is first of all given to the rapporteur.

The M.P.s who so wish, may then speak during the general discussion which, more often than not, has been organized during the Conference of Presidents. This organization consists in the setting of an overall time limit for the discussion divided then between the political groups according to their membership. The M.P.s are enrolled by the chairman of their political group and the order of speaking is decided upon by the President of the National Assembly. An alternation between the political groups is respected.

During this phase of the examination procedural motions may also be introduced (inadmissibility objection, preliminary question, motion for referral to committee) whose adoption, which is very unusual, leads to the rejection of the bill or the suspension of the debate before the detailed examination of the bill has even begun. 

―  The detailed examination phase consists of the discussion of the bill article by article. This phase is dominated by the debate on the modification proposed by means of amendments.

· The examination of the articles. Amendments may be introduced by all the participants in the debate: the Government, the rapporteur on behalf of his committee and M.P.s either doing so in the name of their group or on their own behalf. For the smooth running of the debates, the amendments, with the exception of those presented by Government or the committee, must be tabled in a certain time frame and, at the latest, before the opening of the general discussion. With the exception of Government amendments, they must fall within, just as Members’ bills, the conditions of financial admissibility.

The chairman of the sitting calls the articles in their numbered order. The discussion deals with each article and with all the amendments concerning it.

The M.P.s may enrol, for five minutes, in the discussion of an article. After these speeches, the President of the National Assembly calls the amendments. The floor is given to the author of the amendment, then to the rapporteur and to the minister so that they may give their opinion and finally to a speaker against the amendment. The chairman has the right to authorize a speaker to reply to the committee and another one to reply to the Government.

The order of calling the amendments is of great importance in the running of the debate, if only because the adoption of one solution automatically entails the elimination of other counter solutions. The basic principles of the discussion of amendments leads to the notion of moving from the general to the specific: the deletion of an article is called before the deletion of a paragraph, the deletion of a paragraph is called before that of a sentence included in that paragraph etc. When several amendments deal with the same issue, they are called according to how far they differ from the original text. The amendments are discussed and then voted upon one by one following the order ensuing from these principles.

·  The votes. After the discussion of the last amendment presented on an article, the assembly votes on this article, which may have been modified and the discussion of the bill continues in the same way, article by article, until the final one.

At the end of the examination of the articles, a second deliberation on all or part of the bill may be held. This second deliberation is held of right upon the request of the Government or the committee. The chairman of the sitting then puts the whole of the bill, which may be modified by the amendments previously adopted, to a vote. This final vote may be preceded by an explanation of vote, which is granted to one speaker per group for five minutes.

Votes are normally held by show of hands. In the case of doubt concerning a result by show of hands, the chairman of the sitting requires a sitting or standing vote. In either case there is no detail given in the official report of the debate on the way the M.P.s present have voted. This is not the case for public ballots, which can be requested by the Government, the chairman or the rapporteur of the committee, the chairmen of political groups or their representatives as well as by the chairman of the sitting. For certain important bills, the Conference of Presidents itself decides on a public ballot, setting its date at a time when all M.P.s might be present (in general on Tuesdays after Government question time). 

2. – Transmission and successive readings

The bill which is thus passed by the first assembly to which it was referred, is transmitted without delay to the other assembly which, in turns examines it on first reading according to the same method: examination in committee, inclusion on the agenda, discussion in plenary sitting.

If the second assembly adopts all the articles of the bill without modification, then the bill is passed definitively.

If this is not the case then the shuttle between the two assemblies carries on. As of the second reading, the articles which have been previously adopted in identical terms by the two assemblies are no longer voted upon: the shuttle no longer deals with such articles now referred to as “in conformity”. The only articles which remain in discussion are those upon which the two assemblies have not reached agreement on a common text. The shuttle continues for a second, third, fourth reading or even more as long as all the articles have not been adopted in the same terms. Nonetheless the 1958 Constitution introduced an arbitration procedure which allows the Government to speed up the definitive vote on a bill by interrupting the normal course of the shuttle.

III. –  recourse to the arbitration procedure:
the joint committee

This arbitration procedure consists of, after two readings of a bill in the two assemblies (or a single reading if the Government has announced in advance the urgency of the bill), convening a meeting of a committee with seven M.P.s and seven Senators (plus an equal number of substitutes) from which we get the name “joint committee” (“commission mixte paritaire” - CMP).

This committee appoints its Bureau. The chairman of the joint committee is traditionally the chairman of the lead committee of the assembly where the joint committee meetings are held. The deputy-chairman is traditionally the chairman of the lead committee in the other assembly. The Bureau is also made up of two rapporteurs, one M.P. and one Senator, who are in charge of making a report on the committee’s work to their respective assemblies. Generally speaking these positions are held by the rapporteurs of the two lead committees.

During this meeting, the members of the joint committee (who are, for the most part, members of the standing committees of the National Assembly and the Senate to which the bill has been referred during the previous readings) attempt to find a compromise text for all the articles which are still in discussion. They can decide to maintain the version previously passed by one or other of the two assemblies or to draw up, for certain articles, a new version in order to reach a settlement.

There are no rules set down concerning the running of the debates in joint committee (the articles may or may not be called in their numerical order).

Votes are rare (if there has to be a vote on a provision, consensus, by definition, has not been reached) and are usually by show of hands. The committees must respect both the governing majority/opposition balance and the National Assembly/Senate balance. Substitutes vote only to maintain parity between the two Chambers. 

The work of this joint committee is set down in a report. If the members of the committee draw up and pass a compromise text, then, this text is reproduced in the report. If this is not the case, then the report sets down the reasons why arbitration was not successful.

At this stage different hypotheses are possible in the procedure of the passing of the bill, each with different consequences. 

1. – The joint committee reaches agreement on a compromise text

The Government may submit this bill for the approval of first one, then the other assembly. It may, in particular if the compromise text does not suit it, not require the two assemblies to make a decision on the bill. In this case, the shuttle begins again at the stage where it was interrupted and must continue until the bill is adopted in identical terms by the two assemblies.

The discussion in plenary sitting on the conclusions of the joint committee report begins with a presentation by the rapporteur of the joint committee, followed by the Government speeches and then speakers enrolled in the general discussion. The discussion of the articles only deals with the discussion and vote on the amendments. During this reading, only Government amendments or those accepted by the Government can be tabled. The Assembly then votes on the entire bill in the version drawn up by the joint committee which has possibly been modified by the amendments.

If each assembly passes the entire Government or Members’ bill in the version drawn up by the joint committee which has possibly been modified by the same amendments, then the arbitration procedure is a success and the bill is definitive.

2. – The failure of the arbitration procedure: the National Assembly has the final say

If the compromise text is rejected by one or other of the assemblies or if the amendments to the joint committee text are adopted by one assembly but not by the other, then the arbitration procedure has failed. A failure can also come about if the joint committee does not reach a compromise text. In these different cases, the Government has the possibility of granting the final say to the National Assembly.

This procedure has three stages which take place in the following order: a new reading by the National Assembly, a new reading by the Senate and the definitive reading by the National Assembly.

During the new reading, the National Assembly deliberates on the final bill passed before the beginning of the arbitration procedure. This means that in the case of a bill tabled on first reading in the Senate, the National Assembly re-examines the bill which it passed in the end. This bill is examined in committee and is discussed following the normal procedure. The bill passed by the National Assembly is transmitted to the Senate which also examines it following the normal procedure. If the Senate adopts it without modification, then the bill is definitively passed. If not, it is transmitted to the National Assembly for a definitive reading.

During the definitive reading, the National Assembly deliberates within very strict limits. It makes its decision, upon a proposal of the committee, either on the bill drawn up by the joint committee, if there has been one, or on the bill which it passed itself during the new reading. In this particular case, it may only adopt amendments which were adopted by the Senate during its new reading.

IV. –  specific adoption procedures

1. –  The simplified examination procedure

The National Assembly has only a limited time for its plenary sittings. However Parliament is often called upon to deal with bills which certainly require the attention of the legislator, but which often are of a more technical than political nature.

A simplified examination procedure, which dates, in its present form, from 1998 was introduced to deal with such bills. This procedure begins with a short general discussion (the rapporteur’s speech is limited to ten minutes, that of the representative of each group to five), followed by a shortened discussion of the articles: those on which no amendments are presented are neither called nor voted upon. Only the articles on which amendments are presented are discussed. It must be noted that there are no speeches on the articles and no right to reply to either the committee or the Government on the amendments. 

The implementation rules of this procedure guarantee the M.P.s’ right to speak and in particular that of the members of the opposition. In fact, although the procedure may be introduced upon the request of the President of the National Assembly, of the Government, of the chairman of the lead committee or of the chairman of a political group, a right to oppose the procedure is, at the same time available to the same authorities (with the exception of the President of the National Assembly) right up until the eve of the discussion at 5 p.m. If such a right is used, then the bill is examined according to the ordinary law procedure. Another guarantee is provided by the provision which states that the tabling by the Government of an amendment after the time limit for opposing the procedure has run out, automatically leads to the withdrawal of the bill from the agenda of the National Assembly and a return to the ordinary law procedure for its subsequent discussion. 

In addition, article 107 of the Rules of Procedure introduces an even quicker procedure for bills authorizing the ratification of a treaty or the acceptance of an international agreement. These are, in fact, directly voted upon, unless the Conference of Presidents decides otherwise.

2. –   The “block vote”

The block vote (procedure provided for in the Constitution) enables the Government to request one or the other assembly to make a decision in a single vote on all or part of a text being discussed, keeping only the amendments proposed or accepted by it.

Government has broad leeway in the implementation of this procedure. It is free to choose the moment to announce its intention to use it. It also has the prerogative of defining the text to which the block vote will apply: a part of the bill being discussed (one article or a group of articles) or the whole bill. It also decides upon the amendments which will be maintained. The implementation of this procedure has the effect of eliminating a vote on the amendments and the articles which are subject to the block vote. It does not enable the blocking of the discussion of all the articles and their corresponding amendments, including those not maintained by the Government.

3. – The Government makes the passing of a bill an issue of confidence

The Constitution allows the Prime Minister, after consultation in the Council of Ministers, to make the passing of a bill an issue of confidence in the Government before the National Assembly. This procedure cannot be implemented before the Senate, as the Government is not directly accountable to that assembly.

As in the case of the block vote, the Government is free to choose the moment when it makes the passing of a bill an issue of confidence and is free to choose the content of the bill on which it does so.

However, unlike for the block vote, this procedure brings about the immediate suspension of the discussion of the bill in question.

From the moment that the procedure is introduced, a period of 24 hours begins during which M.P.s may table a censure motion.

A motion of censure is only admissible if it is signed by at least one tenth of the members of the National Assembly. If a motion of censure is tabled, its tabling is formally recorded. This motion is then discussed and voted upon in the time limits and under the conditions set by the Constitution and the Rules of Procedure of the National Assembly (the vote cannot be held within 48 hours of the tabling of the motion and the discussion must take place at the latest on the third day of sitting after this time limit expires). The motion is only carried if it obtains a majority of the votes of the members making up the National Assembly. Only M.P.s in favour of the motion actually take part in the vote.

If no censure motion is tabled in the 24-hour limit or if the motion is not carried, the bill on which the Government has called for confidence is considered passed. Such a procedure only applies to the reading during which it is implemented and thus has no effect on the process of the shuttle.

If the censure motion is carried, the Prime Minister must tender the resignation of his Government and, in addition, the bill on which confidence was called, is considered rejected. Such a situation has not occurred in the lifetime of the Fifth Republic.

V. – promulgation of the law

1. – Promulgation

The definitive passing of a Government or Members’ bill in principle closes the parliamentary phase of the legislative procedure and usually leads to the promulgation of the law.

The definitive bill is transmitted to the General Secretariat of the Government which is, in particular, in charge of presenting it for signature to the President of the Republic. Only he has the power to promulgate laws (i.e. to give them their binding power) and must do so within a fifteen-day time limit. The law is then published in the Journal Officiel of the French Republic.

However, the promulgation of a law may be delayed or stopped in two cases: the monitoring of the constitutionality of the law and a new deliberation on the law.

2. –   The effects of the monitoring of constitutionality

The Constitutional Council is, in particular, responsible for the monitoring of the conformity of the laws passed by Parliament to the Constitution.

a)  Referral to the Constitutional Council

This monitoring takes place automatically in the case of so-called institutional laws, i.e. laws so defined by the Constitution and which deal with the implementation of constitutional provisions.

For the other, so-called ordinary laws, this monitoring only takes place upon the request of certain authorities: the President of the Republic, the Prime Minister, the President of the Senate, the President of the National Assembly and, since the constitutional revision of 1974, sixty M.P.s or sixty Senators.

The referral must take place during the time limit for promulgation and it suspends this time limit. Upon referral, the Constitutional Council has one month to pass its decision but this may be shortened to one week if the Government so requests. Its decisions are binding on all and there is no recourse to appeal.

 b)  The effects of decisions of the Constitutional Council

When the Constitutional Council declares a law in conformity to the Constitution, the law may then be promulgated.

On the contrary, a decision which declares an entire law contrary to the Constitution blocks its promulgation. The legislative procedure which has led to the passing of such a law is annulled and the only solution is to return to the beginning, unless the reason for non-conformity constitutes a decisive obstacle which would require, for example, a prior amendment to the Constitution itself.

The Constitutional Council may also decide that a law is partly in conformity to the Constitution. In such a case, the law may be promulgated with the exception of the articles, or parts of articles which are declared contrary to the Constitution.

 3. –  The new deliberation requested by the President of the Republic

Within the fifteen-day time limit, the President of the Republic may request a new deliberation of the law, in particular to find a solution to a declaration of unconstitutionality.

This procedure, which has only been used three times since 1958, is introduced by a decree of the President of the Republic countersigned by the Prime Minister. The time limit for promulgation is suspended. An additional phase of the legislative procedure is then opened as Parliament will be requested to begin again, for the entire bill or part of it, the examination of the bill it has just passed. This additional phase follows the rules of the ordinary legislative procedure previously described (tabling of the bill, shuttle and, if need be, arbitration procedure and finally definitive passing).