Edit] Powers and tasks

The Council has two main areas of power:

1. The first is the supervision of elections, both presidential and parliamentary and ensuring the legitimacy of referendums (Articles 58, 59 and 60). They issue the official results, they ensure proper conduct and fairness, and they see that campaign spending limits are adhered to. The Council is the supreme authority in these matters. The Council can declare an election to be invalid if improperly conducted, or if the elected candidate used illegal methods, or if he spent for his campaign over the legal limits.
2. The second area of Council power is the interpretation of the fundamental meanings of the constitution, procedure, legislation, and treaties. The Council can declare dispositions of laws to be contrary to the Constitution of France or to the principles of constitutional value that it has deduced from the Constitution or from the Declaration of the Rights of Man and of the Citizen. It also may declare laws to be in contravention of treaties which France has signed, such as the European Convention on Human Rights. Their declaring that a law is contrary to constitutional or treaty dispositions renders it invalid. The Council also may impose reservations as to the interpretation of certain provisions in statutes. The decisions of the Council are binding on all authorities.

In some cases, examination of laws by the Council is compulsory. Organic bills, those which fundamentally affect government and treaties, need to be assessed by the Council before they are considered ratified (Article 61-1 and 54). Amendments concerning the rules governing parliamentary procedures need to be considered by the Council, as well. Guidance may be sought from the Council in regard to whether reform should come under statute law (voted by Parliament) or whether issues are considered as règlement (regulation) to be adopted with decree of the prime minister. The re-definition of legislative dispositions as regulatory matters initially constituted a significant share of the (then light) caseload of the Council.

In the case of other statutes, seeking the oversight of the Council is not compulsory. However, the president of the Republic, the president of the Senate, the president of the Assembly, the prime minister, or 60 members of the National Assembly, or 60 senators^[11] can submit a statute for examination by the Council before its signing into law by the President. In general, it is the parliamentary opposition which brings laws that it deems to infringe civil rights before the Council.^[7]

Another task of the council, of lesser importance in terms of number of referrals, is the reclassification of statute law into the domain of regulations, on the Prime Minister's request. This happens when the Prime Minister and his government wish to alter law that has been enacted as statute law, but should instead belong to regulations according to the Constitution. The Prime Minister has to obtain reclassification from the Council prior to taking any decree changing the regulations. This, however, is nowadays only a small fraction of the Council's activity: in 2008, out 140 of decisions, only 5 concerned reclassifications.^[12]

Thus, it can be argued that the Council's role as a constraint to the government is likely to increase over the years.

Дата добавления: 2015-11-14