Constitutional amendments under the French Fifth Republic

[LC 1][TNote 1] Thus the old wording of certain articles remained in force for more than eighteen months after the constitutional amendment, while implementing laws were not all ready.

This is notably the case of the establishment of referendums initiated by the parliament and supported by a part of the electorate, which is foreseen in the new version of Article 11.

"[TNote 2] The legality of using this method is very questionable, as the Constitution provides mechanisms for its own review in section 89 (a referendum is possible, but only with the agreement of the parliament).

It aroused intense political debate and legal controversy, and the formation of a secret group of votes against (cartel des non).

In practice, this reform has not only changed the method of electing the President, it has also significantly increased its powers by giving it a popular legitimacy not shared by the Prime Minister.

The Constitutional Council was intended by Michel Debré and Charles de Gaulle to be a gun against the Parliament, as part of a rationalized parliamentary strategy.

[fr] Thus, the Commission's role was primarily to enforce Article 34 of the Constitution, limiting the encroachments of the parliament and, in contrast, creating a strong and independent executive.

The National Assembly, however, prevented this provision, especially because it could "lead almost inevitably to the Council using it to prejudge the decision they will have to take"(translated).

However, the problem of referral remained unresolved: it was still possible today to see a law contrary to the Constitution coming into force, with the excesses that it could carry.

The text was passed in identical terms by the National Assembly and the Senate, but was not submitted to Congress for final approval.

The Constitution includes in its preamble, since 1 March 2005, the Charter for the Environment of ten articles, initiated by President of the Republic Jacques Chirac and drafted by a Commission led by Yves Coppens.

For the subsequent ratification of the Treaty of Lisbon, a revision of Title XV of the Constitution was passed by Congress on February 4, 2008, by 560 votes against 181.

[LC 27] The amendments to the Constitution endorse the transfer of sovereignty listed in the Treaty of Lisbon by direct reference to the text.

Thirty areas covered so far by the unanimity rule as the common agricultural policy or criminal justice, now will require a vote of a supermajority.

[PLC 1] Adopted by both houses, the referendum of 27 April 1969 rejected (52.4% no, Charles de Gaulle, taking note of the refusal of the French people, immediately resigned).

In 1984, François Mitterrand wanted to expand the scope of the referendum from Article 11 to extend the basic guarantees of civil liberties[PLC 3] The bill was passed by the National Assembly but rejected by the Senate.

[PLC 7] Due to the inability to raise the necessary three-fifths majority in Congress, President Nicolas Sarkozy abandoned this amendment, hoping to resume if re-elected, which was not the case.