Key Benefits:
ORGANIC ACT FOR THE ELECTION OF
AND SENATORS
The Constitutional Council was seized by the Prime Minister on April 5, 2011, in accordance with the articles 46, paragraph 5, and 61, paragraph 1, of the Constitution, of the Organic Law on the Election of Members of Parliament and Senators.
The Constitutional Council,
Given the Constitution;
Seen Order n ° 58-1067 of 7 November 1958 as amended by the Organic Law on the Constitutional Council;
Seen Order n ° 58-1099 dated November 17, 1958 Law for the Application of Article 23 of the Constitution;
Given the Act No. 62-1292 of 6 November 1962 on election of the President of the Republic by universal suffrage;
Given the Organic Law No. 76-97 of 31 January 1976 as amended relating to the consular lists and to the vote of the French nationals established outside France for the election of the President of the Republic;
In view of the amending Act No. 83-499 of 17 June 1983 on the Representation in the Senate of the French established outside France;
Given the Organic Law N ° 99-209 of 19 March 1999 as amended relative to New Caledonia;
Due to Organic Law n ° 2004-192 of February 27, 2004 as amended bearing the autonomy status of French Polynesia;
Seen election code ;
Due to Act No. 77-729 of 7 July 1977 , as amended on the election Representatives to the European Parliament;
Given the law simplifying the provisions of election code and relative to the financial transparency of political life, adopted by Parliament on April 5, 2011;
In view of the more than 60 Members and registered on 8 April 2011;
Due to the Government's observations, recorded on 11 April 2011;
The rapporteur was heard;
1. Considering that the Organic Law submitted for consideration by the Constitutional Council comprises twenty-four articles; that it has been adopted, as a principal, on the basis of Article 25 of the Constitution; that it also contains provisions Articles 6, 63, 74 and 77; that the rules of procedure laid down in the first three paragraphs of Article 46 have been complied with; that, in addition, paragraph II of Article 1 and Article 17 of the Organic Law, which relate to the Senate, were voted in the same terms by both assemblies, as required by the fourth Article 46;
On the basis of Article 25 of the Constitution:
2. Considering that under the first paragraph of Article 25 of the Constitution: An organic law shall determine the duration of the powers of each Assembly, the number of its members, their compensation, the conditions of eligibility, the regime of ineligibilities and incompatibilities " ;
With regard to the conditions of eligibility and the regime of ineligibilities applicable to the election of Members and Senators on the territory of the Republic:
3. Considering that Article 1 of the Organic Law, in its paragraph I, replaces Articles LO 127 to LO 130, LO 130-1, LO 131 and LO 133 of the Election Code by Articles LO 127 to LO 132 relating to eligibility conditions and ineligibilities Applicable to the elections of Members; that, in its paragraph II, it amends Article LO 296 to lower the age for election to the Senate from 30 to 24 years;
4. Considering that Article LO 132, re-established by Article 1, paragraph 1, of the Organic Law, establishes the list of functions whose exercise results in a temporary ineligibility for the election of Members in any electoral district in all or In the exercise of such functions; that this ineligibility, valid for the duration of the performance of the duties, extends after the end of the duties for three years, for the prefects, and for a year, for the purposes of Holders of the other functions, as listed in paragraph II of the LO 132, are the ones completed by:
" 1 ° The sub-prefects, the prefectural secretaries general, the directors of the prefect's offices and the directors of the prefect's office services;
" 2 ° The Secretary-General and the mission officers of the General Secretariat for Regional Affairs or for the affairs of Corsica;
3 ° The prefecture directors, prefectural heads of prefecture and general secretaries of sub-prefecture;
" 4 ° Directors, Deputy Directors and Heads of Service of the civil administrations of the State in the region or department;
" 5 ° Regional, departmental or local directors of public finances and their authorities and public accountants;
" 6 ° Academy rectors, academy inspectors, assistant academy inspectors and national education inspectors responsible for a first degree constituency;
" 7 ° Labour inspectors;
" 8 ° Territorial or territorial district officials of public institutions of the state and branch managers and regional directors of the Banque de France;
" 9 ° Magistrates of courts of appeal, courts of high instance and local judges;
" 10 ° Chairpersons of administrative courts of appeal and judges of administrative courts of appeal and administrative courts;
" 11 ° The presidents of the regional or territorial chambers of the accounts and the magistrates of the regional or territorial chambers of the accounts;
12 ° presidents of trade courts and presidents of labour boards;
" 13 ° The officers and non-commissioned officers of the national gendarmerie exercising a territorial command and their deputies for the exercise of this command;
" 14 ° Officials of the active corps of the national police exercising a territorial command and their deputies for the exercise of this command;
" 15 ° Military personnel, other than gendarmes, exercising a territorial command or command of administrative training and their deputies for the exercise of this command;
" 16 ° Directors of regional and local social security agencies under the control of the Court of Auditors;
17 ° Directors, Assistant Directors and Secretaries General of Regional Health Agencies;
" 18 ° Directors General and Directors of Public Health Institutions;
" 19 ° Departmental directors of fire and rescue services and their assistants;
" 20 ° The Directors-General, Deputy Directors General, Directors, Deputy Directors and Heads of Service of the Regional Council, the Territorial Community of Corsica, the General Council, the communes of more than 20 000 inhabitants, the communities of Communes with more than 20 000 inhabitants, communities of agglomeration, urban communities and cities;
" 21 ° The Directors-General, Deputy Directors General and Directors of public institutions whose deliberative body is composed mainly of representatives of the local authorities or of the groups of communities mentioned at 20 ° ;
" 22 ° The members of the cabinet of the President of the Regional Council, the President of the Assembly of Corsica, the President of the Executive Council of Corsica, the President of the General Council, the mayors of the municipalities of more than 20 000 inhabitants, the presidents of the Communities of more than 20 000 inhabitants, the presidents of the agglomeration communities, the presidents of urban communities and the presidents of the metropolises " ;
5. Considering that, if the organic legislator is competent, by virtue of the first paragraph of Article 25 of the Constitution, to lay down the conditions for eligibility to the parliamentary assemblies, it cannot deprive a citizen of the right of eligibility of which It enjoys in accordance with Article 6 of the Declaration of the Rights of Man and the Citizen of 1789 that to the extent necessary to respect the principle of equality before the vote and the preservation of the freedom of the elector;
6. Considering, first, that it is clear from these constitutional requirements that the provisions laying down ineligibility are a strict interpretation; that, therefore, an ineligibility cannot be claimed for the whole of the national territory as a result of Express;
7. Considering, second, that the Constitutional Council does not have a general power of assessment of the same nature as that of Parliament; that by fixing the list of inelitigibilities to parliamentary mandates, paragraph II of Article LO 132 has a conciliation which is not manifestly disproportionate between the aforementioned constitutional requirements;
8. Considering that, subject to the reservation referred to in recital 6, Article 1 of the Organic Law is not contrary to the Constitution; that the same is true of Article 4 of the Organic Law which draws the consequences, for the overseas communities Governed by Article 74 of the Constitution and New Caledonia, of the provisions of paragraph II of Article LO 132 of the Code Election ;
With respect to the rules applicable to The election of Members of Parliament and Senators representing the French outside of France:
9. Considering that Article 15 of the Organic Law inserts Articles LO 328 and LO 329 into the Election Code; that, on the one hand, it makes applicable the provisions of organic value relating to Members elected in the territory of the Republic to those Representing the French established outside France, with the exception of the provisions relating to inelitism; that, on the other hand, it lays down the regime of inelitigibilities applicable to their election;
10. Considering that Article 17 amends Article 2 of the Organic Law of 17 June 1983 referred to above; that, on the one hand, it makes applicable the Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006070239&idArticle=LEGIARTI000006353717&dateTexte= &categorieLink = cid"> article LO 296 of the electoral code to the election of senators representing the French established outside France, except for the Provisions relating to ineligibilities; that, on the other hand, it establishes the regime of ineligibilities applicable to their election;
11. Considering that these provisions are not contrary to the Constitution;
With regard to the other provisions under Article 25 of the Constitution:
12. Considering that the provisions of Articles 2, 3, 5, 9, 13 and 16 of the Organic Law, as well as those of Article 20, paragraph I, are not contrary to the Constitution;
On the basis of Article 6 of the Constitution:
13. Considering that, according to article 6 of the Constitution, an organic law establishes the modalities for the election of the President of the Republic by direct universal suffrage;
14. Considering that Article 18 of the Organic Law amends Article 8 of the Organic Law of 31 January 1976 referred to above, relating to the vote of the French nationals established outside France for the election of the President of the Republic; Elections taking place in part abroad, the rules according to which the French may choose to exercise their right to vote either in France in the municipality on the list of electors for which they are registered or abroad; and Article 19 Complete Article 13 of the same Organic Law to increase the maximum number from two to three Proxies available to the same agent in an open polling station at an embassy or consular post;
15. Considering that Article 22 supplements Article 3 of the Act of 6 November 1962 in order to maintain the obligation to deposit a campaign account for all candidates in the presidential election; that Article 23 amends Article 4 of the same Law in order to To make applicable to this election the articles of the Electoral Code, referred to in section 3 of the Act, in writing in force on the date of the Publication of the Act to simplify the provisions of election code and on the financial transparency of political life, adopted by Parliament on April 5, 2011;
16. Considering that these provisions are in conformity with the Constitution;
On the basis of Article 63 of the Constitution:
17. Considering that under Article 63 of the Constitution " An organic law shall determine the rules governing the organisation and functioning of the Constitutional Council, the procedure followed before it and in particular the time limits for the seizure of disputes " ;
18. Considering that article 14, paragraph I, of the Organic Law amends 32, 33 and 41-1 of the Ordinance of 7 November 1958 referred to above with respect to the dispute over the election of Members of Parliament and Senators, which provides, inter alia, that the election of a Member of Parliament or a Senator may be challenged before the Constitutional Council until the tenth day Following the proclamation of the election results " No later than 18 hours' ; that its paragraph II modifies the articles LO 179, LO 180, LO 181 and LO 186-1 of the Electoral Code, whichto Articles 32, 33, 34 and 41-1 of the above-mentioned Order of 7 November 1958; that these new provisions are in conformity with the Constitution;
On the basis of the provisions of Articles 74 and 77 of the Constitution:
19. Considering that, under the third and fifth paragraphs of Article 74 of the Constitution, the status of each Overseas Community governed by this Article is defined by an organic and fixed law " The electoral system of its deliberative assembly " ; that article 77 of the Constitution also entruss an organic law to determine " The rules on ... the electoral system " Applicable to the institutions of New Caledonia;
20. Considering that article 6 of the Organic Law modifies the articles LO 489, LO 516 and LO 544 of the Electoral Code in order to make Ineligible for the territorial council of Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon " Persons declared ineligible under Articles L. 118-3, L. 118-4, LO 136-1 or LO 136-3 " In their drafting resulting from this Organic Law or the above ordinary law adopted on 5 April 2011; that Articles 7 and 8 shall proceed in the same way for the Congress and the Provincial Assemblies of New Caledonia by amending the Article 195 of the Organic Law of 19 March 1999 and for the Assembly of French Polynesia by amending Article 109 of the Organic Law of 27 February 2004;
21. Considering that Article 10 amends the Articles LO 495, LO 522 and LO 550 of the Electoral Code ; that it applies the new regime Resolution of incompatibilities, provided for inarticle LO 151 of the Electoral Code, to the territorial councillors of Saint-Barthélemy, Of Saint-Martin and Saint-Pierre-et-Miquelon; that Articles 11 and 12 do the same for members of the Congress and the assemblies of the Province of New Caledonia by amending Article 197 of the Organic Law of March 19, 1999 and for those of the Assembly of the French Polynesia by amending Article 112 of the Organic Law of 27 February 2004;
22. Considering that these provisions are in conformity with the Constitution;
On other provisions:
23. Considering that article 20, paragraph II, of the Organic Law amends5 of the Act of 7 July 1977 referred to above ; That it lowers the eligibility age of the European Parliament to 18 years; that its paragraph IIIArticle L. 154 of the Code Election relating to Declarations of candidature for the election of a Member of Parliament; that Article 21 makes the incompatibilities fixed by the OL articles 145 and LO 146 of the Election Code ; that these provisions, which are not organic, are not contrary to The Constitution;
On the entry into force of the Organic Law:
24. Whereas under the first paragraph of Article 24 of the Organic Law: This Organic Law shall take effect upon the first general renewal of the National Assembly following its promulgation " ; that it is clear from the parliamentary proceedings that this provision can only apply to the rules relating to the election of Members; that, with regard to those applicable to the election of the President of the Republic and the election of Senators, they shall take effect at the next election of the President of the Republic or at the next renewal of the Senate; that the postponement shall be waived in time, as indicated in the second paragraph of Article 24, for the Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006070239&idArticle=LEGIARTI000006353315&dateTexte= &categorieLink = cid"> OL articles 135-1 and LO 135-3 of the Electoral Code,
Decides:
Subject to the reservation set out in recital 6, Article 1 of the Organic Law on the Election of Members and Senators is In accordance with the Constitution.
Other provisions of the same Organic Law are in conformity with the Constitution.
Do not have the organic character:
-paragraphs II and III of Article 20 of the same Organic Law;
-Article 21 as it makes applicable to members of the Government incompatibilities fixed by the OL articles 145 and LO 146 of the election code.
This decision will be published in the Official Journal of the French Republic.
Deliberated by the Constitutional Council at its meeting on 12 April 2011, attended by Mr Jean-Louis DEBRÉ, President, Mr Jacques BARROT, Mrs Claire BAZY MALAURIE, MM. Guy CANIVET, Michel CHARASSE, Renaud DENOIX de SAINT MARC, Valéry GISCARD d' ESTAING, Mme Jacqueline de GUILLENCHMIDT, MM. Hubert HAENEL and Pierre STEINMETZ.
The President,
Jean-Louis Debré
