Article 49 of the French Constitution

rdf:langString Article 49 of the French Constitution

rdf:langString Article 49 of the French Constitution is an article of the French Constitution, the fundamental law of the Fifth French Republic. It sets out the political responsibility of the government (the executive branch) towards the parliament (legislative branch). It is part of Title V: "On relations between the parliament and the government" (Articles 34 through 51). It structures the political responsibility of the current administration of the executive branch towards the French legislative branch. This section of the French constitution outlines how the legislative system tries to maintain the stability of the executive branch by providing the branch with alternatives outside the parliament. This was included in the constitution so as to counter the faults of the Fourth Republic[2], such as successive rapid government takeovers, by providing the government with the ability to pass bills without the approbation of the parliament, possible through subsection 3 of Article 49. The article, which comprises four paragraphs, was designed to prevent crises like those that occurred under the Fourth Republic. Its best-known provision, Subsection 3 (Article 49.3), allows the government to force passage of a bill without a vote unless the parliament votes a motion of no confidence to veto the government "commitment of responsibility". It provides for * an engagement de responsabilité, (commitment of responsibility) of the administration to a certain program or declaration of policy, initiated by the executive branch. This measure should not be confused with the "question of confidence", which no longer exists under the French Fifth Republic. * a motion de censure or vote of no confidence, initiated by the Assemblée Nationale (National Assembly). * administration option to force passage of a legislative text without a vote through an engagement de responsabilité, unless the National Assembly is prepared to overturn it with a motion de censure. * an administration option to request approval of its policy by the Senate, although the refusal of this approval is without consequences in the judicial branch * Article 49 Subsection 2 outlines a censure spontanée (spontaneous motion of no confidence), as opposed to the following subsection 49.3, which outlines a motion of no confidence in some way "provoked" by the executive branch. Such a motion requires an absolute majority for adoption, and thus this provision changes the burden of proof and forces the Assembléé Nationale to demonstrate a rejection of the administration. The government can thus only be overturned by undecided members of the Assembly who simply abstain. This subsection of Article 49 has only once come into play, in 1962 against Georges Pompidou, who then had to resign, but was returned to power with newfound support based on a majority in the ensuing legislative elections. Article 49 Subsection 3 deals with an administration engagement de responsabilité (commitment of responsibility), which allows the executive branch to force passage of a legislative text unless the opposition introduces a vote de censure (motion of no confidence), which has little chance of passing, since it also entails the dissolution of the legislature pending new elections. Articles 50, 50.1 and 51 relate directly to Article 49, since Article 50 complements 49.2, Article 51 provides technical detail about the implementation of Article 49.3, and 50.1 gives the executive the option of a declaration with an ensuing debate.