Law-Making Process
The French legislative process reflects the Fifth Republic's emphasis on governmental efficiency while maintaining democratic deliberation. Understanding this process reveals how the rationalized parliament operates in practice.
Legislative Initiative
Laws originate from two sources:
Government Bills (Projets de Loi): Prepared by ministries, approved by the Council of State for legal quality, and adopted in the Council of Ministers. These constitute about 90% of enacted legislation.
Parliamentary Bills (Propositions de Loi): Initiated by deputies or senators, these face significant constraints: - Financial limitations under Article 40 - Limited agenda time - Need for government support to advance
The Legislative Journey
Step 1: Introduction and Committee Review - Bills are introduced in either chamber (with exceptions) - Referred to relevant standing committee - Committee appoints a rapporteur who studies the bill and proposes amendments - Committee debates and votes on amended text
Step 2: Plenary Debate - General discussion on the bill's principles - Article-by-article examination with amendments - Explanations of vote by political groups - Final vote on entire text
Step 3: Second Chamber Consideration - Transmitted to other chamber - Same process of committee review and plenary debate - May adopt, reject, or amend the text
Step 4: The Shuttle (Navette) - If chambers pass different versions, bill shuttles between them - Each chamber considers only articles still in disagreement - Process continues until identical text adopted or government intervenes
Step 5: Resolution of Disagreements - After two readings (or one for urgent bills), government can convene a joint committee - Seven deputies and seven senators seek compromise text - If successful, both chambers vote on compromise - If unsuccessful, Assembly can have final word after one more reading
Step 6: Constitutional Review (Optional) - 60 deputies or senators can challenge the law - Constitutional Council has one month to rule - Can invalidate entire law or specific provisions
Step 7: Promulgation - President promulgates law within 15 days - Can request reconsideration (rarely used) - Law published in Official Journal and takes effect
Special Procedures
Several procedures accelerate or modify the normal process:
Urgency Declaration: Government can declare urgency, reducing shuttle to one reading per chamber before joint committee.
Article 49.3: Allows government to pass bills without vote by engaging its responsibility. If no censure motion succeeds within 48 hours, bill is considered adopted. This controversial procedure, limited by 2008 reforms, remains politically costly.
Budget Bills: Follow strict timeline with priority Assembly consideration and automatic adoption if Parliament doesn't act within 70 days.
Organic Laws: Affecting institutions require absolute majority in Assembly and cannot use 49.3 procedure.