Key Benefits:
The National Assembly and the Senate adopted,
Due to Decision No. 2003-468 DC of the Constitutional Council as of April 3, 2003 ;
The President of the Republic promulgates the following law:
In the first paragraph of Article L. 336 of the Election Code, the words: For five years " Are replaced by the words: " For six years ".
Article L. 338 of the Election Code is thus amended:
1 ° In the first subparagraph, the words: , with the filing of lists with as many candidates as seats to be filled, " Are deleted. The same subparagraph shall be supplemented by a sentence so worded:
" Each list consists of as many sections as there are departments in the region." ;
2 ° At the end of the third sentence of the third paragraph, the word " Less " Is replaced by the word: " Plus " ;
3 ° In the fourth paragraph, the percentage: " 3 % " Is replaced by the percentage: " 5 % " ;
4 ° The fifth paragraph is deleted;
5 ° In the last sentence of the last paragraph, the word: " Less " Is replaced by the word: " More ".
After Article L. 338 of the Election Code, Article L. 338-1 reads as follows:
" Art. L. 338-1. -The seats allocated to each list pursuant to Article L. 338 shall be distributed among the departmental sections, which shall make up the list in proportion to the votes obtained by the list in each département. This allocation, the remaining seats to be allocated shall be divided between the departmental sections according to the rule of the highest average. If several departmental sections have the same average for allocating the last seat, the latter shall return to the departmental section which has obtained the largest number of votes. In the event of a tie, the seat shall be awarded to the oldest of the candidates who may be declared elected.
" The seats are allocated to candidates in the order of presentation on each departmental section.
" Where the region is composed of a single department, the seats shall be allocated within the jurisdiction of the regional constituency according to the same rules. "
Article L. 346 of the Election Code is thus amended:
1 ° The last two sentences of the first subparagraph are thus Written:
" The number of candidates appearing on the departmental sections of each list shall be fixed in accordance with Table No 7 annexed to this Code. Within each section, the list is composed alternately of a candidate of each sex." ;
2 ° The second paragraph is thus amended:
a) The words: " 5 % of the total number of votes cast And " 3 % of the votes cast " Are replaced by the words: " 10 % of the votes cast " And " 5 % of the votes cast " ;
(b) After the first sentence, two sentences are inserted as follows:
" In the event that only one list meets this requirement, the list after the list with the largest number of votes in the first round can be maintained in the second. In the event that no list meets this requirement, the two lists with the highest number of votes in the first round may stay in the second. "
Table 7 annexed to the Election Code is replaced by Table 7, which is Annex 1 to this Law.
Section L. 347 of the Election Code is thus amended:
1 ° 2 ° becomes 3 °;
2 ° Reinstated after 1 °, a 2 ° thus written:
" 2 ° The names and first names of the candidate's leading candidate; ".
In the first and fourth paragraphs of Article L. 351 of the Code Election, the words: The candidate placed at the top of the list " Are replaced by the words: " The candidate designated head of list ".
Article L. 360 of the Election Code is thus amended:
1 ° In the first subparagraph, The words: " Last elected " Are replaced by the words: " Last elected in the same departmental section " ;
2 ° In the last sentence of the second paragraph, the words: " In list order " Are replaced by the words: " In the order of the departmental section ".
I. -At the end of the second sentence of the second paragraph of Article L. 366 of the Election Code, the word: Less " Is replaced by the word: " Plus ".
II. -The last paragraph of Article L. 366 of the Code is replaced by two sub-paragraphs:
" The seats are assigned to candidates in the order of presentation on each list.
" If several lists have the same average for allocating the last seat, the latter shall return to the list with the highest number of votes. In the event of an equality of votes, the seat shall be awarded to the oldest of the candidates who are likely to be declared elected. "
III. Article L. 380 of the same code reads as follows:
" Art. L. 380. -The candidate coming on a list immediately after the last election is called to replace the councillor of the Assembly of Corse elected on that list whose seat becomes vacant for any reason.
" If the candidate so called to replace the adviser of the Assembly of Corsica is thus found in one of the cases of incompatibility referred to in Article L. 46-1, he shall have a period of thirty days from the date of the vacancy to do so Cease the incompatibility by resigning one of the mandates covered by these provisions. If there is no option within the specified time period, the replacement is provided by the next candidate in the order in the list.
" The representative of the State in Corsica shall notify the name of this replacement to the President of the Assembly of Corsica
The term of office of the person who replaced an adviser to the Assembly of Corsica whose seat had become vacant expires at the time of the renewal of the Assembly of Corsica following its entry into
. Where the provisions of the first and second subparagraphs cannot be applied, the seat shall remain vacant until the next renewal of the Assembly of Corsica. However, if the third of the seats of the Assembly of Corsica is to be vacated as a result of the death of their holders, the full renewal of the Assembly of Corsica shall be carried out within three months of the last vacancy caused by the Death, except where the general renewal of the Assembly of Corsica must take place within three months of the said vacancy. "
In Article L. 280 of the Election Code, after the words:" Regional advisers " shall be inserted as follows: The departmental section corresponding to the department ".
I. -In the title of Title IIa of Book II of the Electoral Code, the words: Delegates from the regional councils and " Are deleted.
II. -Article L. 293-1 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" In the month following his election, the Assembly of Corsica proceeded to distribute its members among the colleges responsible for the election of senators in the departments of Corsica-du-Sud and Haute-Corse. ;
2 ° The second paragraph is deleted.
III. -Article L. 293-2 of the same code is thus amended:
1 ° The first paragraph reads as follows:
" The Assembly of Corsica first appoints its members to represent the territorial community within the electoral college of the department of Corse-du-Sud." ;
2 ° The fourth paragraph is deleted;
3 ° The fifth paragraph reads as follows:
" When the operations provided for in the preceding paragraphs have been completed, the councillors not yet appointed shall be entitled to belong to the Senate Electoral College of the Department of Upper Corsica." ;
4 ° In the last paragraph, the words: " Regional Council or " Are deleted.
IV. -In Article L. 293-3 of the same code, the words: In the region or " And " Region or " Deleted.
In the second paragraph of Article L. 3121-9 of the General Code of Territorial Communities, the word : " Friday " Is replaced by the word: " Thursday ".
Article 2 of Law No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament is supplemented by a paragraph worded as follows:
" In addition, by way of derogation from the provisions of the second paragraph of Article L. 52-11-1 of the same Code, the flat-rate reimbursement shall be paid to candidates who have received 3 % and more of the votes cast. "
Section 3 of Law No. 77-729 of 7 July 1977 reads as follows:
" Art. 3. -The election shall be, by electoral district, by proportional representation, without panachage or preferential vote.
" The seats are allocated, in the electoral district, between the lists having received at least 5 % of the votes cast at the proportional representation according to the rule of the highest average. If several lists have the same average for allocating the last seat, the latter shall return to the list with the highest number of votes. In the event of a tie, the seat is assigned to the list with the highest average age.
" The seats are allocated to candidates according to the order of presentation on each list. "
I. -Article 4 of Law No. 77-729 of 7 July 1977 reads as follows:
" Art. 4. -I.-The composition of the electoral districts shall be fixed by the table annexed to this
. II. -The seats to be filled shall be divided among the constituencies in proportion to their population with application of the rule of the strongest remains.
" The population referred to in the preceding paragraph is that of the last general
. III. -The number of seats and the number of candidates per electoral district shall be recognized by decree no later than the date on which the voters are called. "
II. -The table which constitutes Annex 2 to this Law shall be annexed to Law No. 77-729 of 7 July 1977
I. -Article 6-2 of Law No. 77-729 of 7 July 1977, cited above, is
. -The first paragraph of Article 6 (3) of the Act is supplemented by the following words: Of a municipality of at least 3,500 inhabitants ".
III. -Article L. 2122-4 of the general code of the territorial authorities is thus amended:
1 ° In the second subparagraph, the words: A mandate to represent the European Parliament or ' Deleted;
2 ° In the fourth paragraph, the words: " Elected to a mandate or " Are deleted and the words: " To fourth " Are replaced by the words: " And third ".
IV. -In the first sentence of the fourth paragraph of Article L. 2511-25 of the Code, the words: , Article L. 4133-3 and Article 6-2 of Act No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament " Are replaced by the words: " And Article L. 4133-3 ".
V.-In the second paragraph of Article L. 2122-18 of the Code, the words: , L. 4133-3 of this Code or of Article 6-2 of Act No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament " Are replaced by the words: " Or L. 4133-3 of this code ".
VI. -Article L. 3122-3 of the same code is thus amended:
1 ° In the first subparagraph, the words: A mandate to represent the European Parliament or ' Are deleted;
2 ° In the third paragraph, the words: " Elected to a mandate or " Are deleted and the word: " Three " Is replaced by the word: " Two ".
VII. -In the second paragraph of Article L. 3221-3 of the Code, the words: , L. 4133-3 of this Code or of Article 6-2 of Act No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament " Are replaced by the words: " Or L. 4133-3 of this code ".
VIII. -Article L. 4133-3 of the same code is thus amended:
1 ° In the first subparagraph, the words: A mandate to represent the European Parliament or ' Are deleted;
2 ° In the third paragraph, the words: " Elected to a mandate or " Are deleted and the word: " Three " Is replaced by the word: " Two ".
IX. -In the second paragraph of Article L. 4231-3 of the Code, the words: , L. 3122-3 of this Code or of Article 6-2 of Act No. 77-729 of 7 July 1977 on the election of representatives to the European Parliament " Are replaced by the words: " Or L. 3122-3 of this code ".
X. -1. In the fifth paragraph of Article L. 122-4 of the code of communes applicable to Saint-Pierre-et-Miquelon, the words: A mandate to represent the European Parliament or ' Are deleted.
2. In the first paragraph of Article L. 122-4-1 of the code of communes applicable in French Polynesia, the words: " A mandate to represent the European Parliament or ' Are deleted.
3. In the first paragraph of Article L. 122-4-1 of the code of the communes of New Caledonia, the words: A mandate to represent the European Parliament or ' Are deleted.
Section 9 of Law No. 77-729 of 7 July 1977 is thus amended:
1 ° The first Paragraph reads as follows:
" The declaration of application shall be the result of the deposit to the Ministry of the Interior of a list whose number of candidates is fixed in accordance with the decree referred to in III of Article 4. The number of candidates per electoral district is twice the number of seats to be filled in the electoral district. The list is composed alternately of a candidate of each sex." ;
2 ° The fourth and fifth paragraphs are replaced by four paragraphs thus written:
" 1 ° The electoral district in which the list occurs;
" 2 ° List title;
" 3 ° Names, names, sex, date and place of birth, nationality, domicile and occupation;
" 4. The names, names, sex, date and place of birth, nationality, domicile and occupation of each candidate. "
Section 11 of Law No. 77-729 of 7 July 1977 is repealed.
A l' article 13 de la loi n ° 77-729 dated 7 July 1977, the words:" On presentation of the receipt for payment of the bond " Are deleted
Section 15 of Law No. 77-729 of 7 July 1977, cited above:
" Art. 15. -The election campaign is open from the second Monday preceding the date of the poll. "
Section 16 of Law No. 77-729 of 7 July 1977 reads as follows:
" Art. 16. -The electoral propaganda is reserved for the lists in attendance, as well as the French political parties presenting these lists. "
In the first paragraph of Article 17 of Law No. 77-729 of 7 July 1977, the words: Overseas " Deleted.
In the second paragraph of Article 18 of Law No. 77-729 of 7 July 1977, the words: " Five percent " Are replaced by the percentage: " 3 % ".
Article 19 of Law No. 77-729 of 7 July 1977 is thus amended:
1 ° The first three Paragraphs are replaced by five paragraphs thus written:
" Parties and political groups may use the broadcasts of the public service of audiovisual communication during the election
. A two-hour broadcast period is available to parties and groups represented by parliamentary groups of the National Assembly or the Senate. This time is divided equally between parties and groups.
" An hour of issue is made available to other parties and groupings to which lists of candidates have been linked in at least five electoral districts. This duration shall be apportioned equally among themselves without any of them having more than five minutes.
" In order to carry out the allocation provided for in the preceding paragraph, it is indicated, if necessary, in the declaration of candidature, within a list of political parties and groupings established by order of the Minister of the Interior, published in the Journal Official of the French Republic no later than the fifth Friday preceding the vote, the one to which the list relates.
" The list shall include all political parties and groupings that have submitted to the Ministry of the Interior no later than 5 p.m. on the fifth Tuesday before polling day an application for the use of the broadcasts of the public service Audiovisual communication." ;
2 ° The fourth and fifth paragraphs are replaced by a paragraph worded as follows:
" The broadcasting time set above shall mean two hours and one hour for each national television and broadcasting company. The broadcasts should be broadcast in the same text by the national television companies, on the one hand, and in a similar or different text by the national broadcasting companies, on the other." ;
3 ° The last paragraph reads:
" The schedules of the programmes and the arrangements for their implementation shall be fixed by the Conseil supérieur de l' audiovisuel after consultation with the chairmen of the national broadcasting and television companies. The emission times allocated to several groups, parties or groupings may be added together for one or more joint programmes at their request. Such requests shall be addressed, in accordance with the conditions laid down by decree, to the Conseil supérieur de l' audiovisuel, competent to allocate the broadcasting time between the different groups, parties or groupings under this Article. "
Article 19-1 of Law No. 77-729 of 7 July 1977 reads as follows:
" Art. 19-1. -I.-The limit on election expenses laid down in Article L. 52-11 of the Election Code shall be set at EUR 1 150 000 for a list of candidates for the election of representatives to the European
. II. -1. The amount in euro of the expenditure ceiling referred to in the I is replaced by its equivalent value in FF francs in New Caledonia, in French Polynesia and in the Wallis and Futuna
. 2. The duly justified air, sea and river transportation costs incurred by candidates within the overseas electoral district listed in the table annexed to this Act shall not be included in the expenditure ceiling.
Section 20 of the Act No. 77-729 of 7 July 1977, cited above:
" Art. 20. -Voters shall be summoned by decree published at least five weeks before the date of the elections to be determined by common accord between the Member States of the Community. "
In Article 21 of Law No. 77-729 of 7 July 1977, the words:" Overseas " Deleted.
Article 23 of Law No. 77-729 of 7 July 1977 is hereby repealed.
The first paragraph of Article 25 of Law No. 77-729 of 7 July 1977 is thus written:
" The election of representatives to the European Parliament may, during the ten days following the declaration of the results of the vote and in respect of all matters relating to the application of this Act, be contested by any elector in the electoral district Before the Council of State deciding on the dispute. The same right shall be open to the Minister of the Interior if he considers that the legally prescribed forms and conditions have not been complied with. "
In the last paragraph of Article 26 of Law No. 77-729 of 7 July 1977, after the words: Code ", are inserted the words:" In Saint-Pierre-et-Miquelon, Guadeloupe, Martinique, French Guiana and ".
In the second paragraph of article 2 of Law No. 77-729 of 7 July 1977, the words: " By way of derogation from the provisions of the last paragraph of Article L. 16 of that Code, ' Deleted.
Article 24 of Law No. 77-729 of 7 July 1977 is thus amended:
1 ° To the second Paragraph, the words " Of the vacancy " Are replaced by the words: " The declaration of the vacancy by the European Parliament ' ;
2 ° In the fifth paragraph, the words: " On the same list and " Deleted.
It is inserted after Article 24 of Law No. 77-729 of 7 July 1977 referred to above, Article 24-1 Written:
" Article 24-1. -In the event of the annulment of the electoral operations of an electoral district, by-elections shall be held within three months
However, no by-election shall be held in the year preceding the renewal of the representatives of the European
. Where the provisions of Article 24 can no longer be applied, the seat shall remain vacant until the next renewal of the European Parliament.
I. -The first two sentences of the first paragraph of Article 9 of Act No. 88-227 of 11 March 1988 on the financial transparency of political life are replaced by three sub-paragraphs as
: The first part of the aid provided for in Article 8 shall be
: -the political parties and groupings that presented at least 1 % of the votes cast in at least 50 electoral districts during the most recent renewal of the National Assembly;
" -political parties and groupings which have submitted candidates for the most recent renewal of the National Assembly only in one or more overseas departments, or in Saint-Pierre-et-Miquelon, in Mayotte, New Caledonia, In French Polynesia or in the Wallis and Futuna Islands and whose candidates have obtained at least 1 % of the votes cast in all the constituencies in which they have presented themselves. "
II. -1. In the second paragraph of the same article, the words: To the preceding paragraph " Are replaced by the words: " To the preceding paragraphs ".
2. The penultimate paragraph of the same article is deleted.
III. -The provisions of the I shall enter into force upon the next renewal of the National Assembly.
In the first Article 9-1 of Act No. 88-227 of March 11, 1988, the words " In the second paragraph " Are replaced by the words: " In the fifth paragraph ".
Titles II and III Are applicable in New Caledonia, French Polynesia and Wallis and Futuna Islands.
Order in Council Specifies how this Act applies.
A N N E X E 1
Done at Paris, April 11, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
The Minister of Business Foreign,
Dominique de Villepin
Minister of Economy,
Finance and Industry,
Francis Mer
Minister of Culture
and Communication,
Jean-Jacques Aillagon
Minister for Overseas Affairs,
Brigitte Girardin
Associate Minister for Budget
and Budget Reform,
Alain Lambert
Associate Minister for Local Liberties,
Patrick Devedjian
La Associate Minister
for European Affairs,
Noëlle Lenoir
(1) Act No. 2003-327.
-Preparatory Work:
National Assembly:
Bill 574 ;
Report by Mr Jérôme Bignon, on behalf of the Committee on Laws, No. 605;
Information report by Mr Pierre Lequiller, on behalf of the Delegation for the European Union, No. 597;
Information report by Mrs Marie-Jo Zimmermann, on behalf of the delegation for women's rights, No. 604;
Discussion on 11 and 12 February 2003. Text considered adopted, after declaration of urgency, pursuant to Article 49, paragraph 3, of the Constitution, on 15 February 2003.
Senate:
Draft law considered adopted by the National Assembly, after declaration In accordance with Article 49, paragraph 3, of the Constitution, No. 182 (2002-2003);
Report by Mr Patrice Gélard, on behalf of the Committee on Laws, No. 192 (2002-2003);
Discussion on 4, 5, 6, 7, 11 and 12 March 2003 and Adoption on 12 March 2003.
-Constitutional Council:
Decision 2003-468 DC of 3 April 2003.
-New deliberation pursuant to Article 10 (2) of the Constitution:
National Assembly:
Article 4 of the Law (point 770);
Report by Mr Jérôme Bignon, on behalf of the Committee on Laws, No. 771;
Discussion and adoption on 8 April 2003.
Senate:
Article 4 of the Law, adopted by the National Assembly (No. 247, 2002-2003);
Report by Patrick Gélard, on behalf of the Committee on Laws, No. 249 (2002-2003);
Discussion and adoption on April 9, 2003.
