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Discussing and voting laws

The agenda of the National Assembly is mostly decided by the government but the assembly can also enforce its agenda. Indeed, the article 48 of the constitution guarantee at least a monthly session decided by the assembly. ^[1]

1. A law proposal

A law proposal is a document divided into 3 distinct parts: a title, an exposé des motifs and a dispositif. The exposé des motifs describe the arguments in favor of a modification of a given law or new measurements that are proposed. The dispositif is the normative part, which is developed within articles.^[2]

A proposal for a law can be originated from the Prime minister or a member of the parliament. Certain laws must come from the government, including for example financial regulations. ^[3]

The proposition of law may pass through the National Assembly and Senate in an indifferent order, except for financial which must go through the assembly first or territorial organizational laws or laws for French living in foreign countries, which must first pass through the Senate.^[4]

2. The deposit of a law

For an ordinary proposition of law, texts must be first reviewed by a permanent parliamentary commission or a special commission designated for this purpose. During the discussion in the commission or in plenary sessions in the assembly, the government and the parliament can add, modify or delete articles of the proposal. The text is thus amended. Amendments proposed by parliamentarian cannot mobilize further public funding. The government has to right to ask the assembly to pronounce themselves in one vote only with the amendments proposed or accepted by the government itself. ^[5]

Projects of propositions of laws will be examined succinctly by the two assembly- National Assembly and the Senate- until the text is identical. After the two lectures by the two chambers (or just one if the government decide to engage an acceleration of the text adoption - which can happen only in certain conditions) and without any accord, the Prime Minister or the two Presidents of the two chambers -conjointly with him- can convoke a special commission composed by an equal number of parliamentarians and senators to reach a compromise and propose a new text. The new proposition has to be approved by the government before being re-proposed to the two assemblies. No new amendments can be added except on the government’s approval. If the new proposal of law fails to be approved by the two chambers, the government can, after a new lecture by the National Assembly and the Senate, ask the National Assembly to rule a final judgement. In that case, the National Assembly can either take back the text elaborated by the special commission or the last one that they voted for – possibly modified by several amendments by the Senate.^[6]

The president, on the government or the two assemblies’ proposal, can submit every law proposal as a referendum if it concerns the organization of public powers, reforms on the economy, social and environmental measures or every proposition that would have an impact on the well-functioning of the institutions. A referendum on the previous conditions can also be initiated by a fifth of the member of the parliament, supported by a tenth of the voters inscribed on the electoral lists. ^[7]

Finally, the laws are promulgated by the President. He may call for a new legislative deliberation of the law or one of its articles in front of the National Assembly, which cannot be denied. ^[8]

Eligibility conditions

1. Eligibility due to personal requirements

The essential conditions to run for elections are the following. First, a candidate must have French citizenship. Secondly, the minimum age required to run for a seat at the National Assembly is set at 18 years old. ^[9] The candidate must also have fulfilled his National Civic Day, a special day created to replace the military service ^[10]. Finally, a candidate under guardianship and curatorship cannot be elected at the assembly. ^[11]

Furthermore, a person cannot be elected if they were declared ineligible following fraudulent funding of a previous electoral campaign. Indeed, the voter would be considered as highly influenced and its decision making would be impacted. The sincerity of the results could thus not be regarded as viable and legitimate. ^[12]

2. Eligibility due to positions that a person may occupy

The député mandate cannot be cumulated with a mandate of senators, European deputy, member of the government or of the constitutional council.^[13]

The député mandate is also incompatible with being a member of the military corps on duty, and with the exercised of one of the following mandates: regional councilor, councilor at the Assemblée de Corse, general councilor or being a municipal councilor of a municipality of a least or more than 3,500 inhabitants. ^[14] Prefects are also unable to be elected in France in every district they are exercising power or exercised power for less than three years before the date of the election. ^[15]

Since the 31st of March 2017, being elected national député is incompatible with local mandates such as mayors, president of a regional council or member of the departmental council. ^[16]