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Ion 2013-659 Of 22 July 2013 Concerning The Representation Of French Outside France

Original Language Title: LOI n° 2013-659 du 22 juillet 2013 relative à la représentation des Français établis hors de France

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Summary

Amendment of the code of social action and families, the administrative justice code, the electoral code. Amendment of Act No. 82-471 of 7 June 1982 relating to the Assembly of French Foreigners: repeal of articles 1st, 2-6 and 8 ter to 10, 1st A, 1st bis to 1st quinquies and 8 bis; amendment of articles 7 and 8. Repeal of Order No. 59-260 of 4 February 1959 supplementing Order No. 58-1098 of 15 November 1958 on the election of senators.

Keywords

STATUS OF SOCIAL ACTION AND FAMILY ,

Legislative records




JORF n°0169 of 23 July 2013 page 12224
text No. 1



LOI n° 2013-659 of 22 July 2013 relating to the representation of the French established outside France

NOR: MAEX1301702L ELI: https://www.legifrance.gouv.fr/eli/loi/2013/7/22/MAEX1301702L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2013/7/22/2013-659/jo/texte


The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2013-673 DC of 18 July 2013 ;
The President of the Republic enacts the following legislation:

  • TITRE I : LES INSTANCES REPRÉSENTATIVES DES FRANÇAIS ÉTABLIS HORS DE FRANCE Article 1 Learn more about this article...


    The representative bodies of the French established outside France are the consular councils and the Assembly of the French abroad.

    Article 2 Learn more about this article...


    The representative associations at the national level of French established outside France contribute to the exercise of civic rights and participation in the democratic life of the French Nation established outside France.

    • Chapter I: Consular Councils Article 3 Learn more about this article...


      Following each embassy with a consular district and each consular post, a consular council is responsible for formulating opinions on consular matters or of general interest, including cultural, educational, economic and social matters, concerning the French in the electoral district.
      Consular councils may be consulted on any issue concerning the French in the electoral district and relating to social protection and social action, employment, vocational training and learning, French education abroad and security.
      Each year, the ambassador or consular officer shall report to the consular board on the situation of the consular district and shall report to the consular board on the status of the actions carried out in the areas of competence of the consular board.
      The ambassador or the head of consular post shall preside over the consular council having its seat in its consular district. He can be represented. The Vice-President of the Consular Council shall be elected by and among the elected members of that Council.
      The consular advisers are members of the consular board(s) constituted in the electoral district in which they were elected.
      The deliberation of the consular councils results in the establishment of a record.

      Article 4 Learn more about this article...


      After a general renewal, the first meeting of each consular board shall be held no later than the month following the date of the election.

      Article 5 Learn more about this article...


      A decree in the Council of State sets out the modalities for the application of this chapter, including:
      1° The amount, terms and conditions and terms of payment of lump sum allowances to which consular advisers are entitled and the lump-sum reimbursements to which they may claim under their terms of office;
      2° The conditions under which they are compensated for the damage caused by the accidents suffered under their mandate;
      3° The conditions under which they exercise their right to training under their mandate;
      4° The individual prerogatives they have under their mandate;
      5° The powers, organization and operation of consular councils and the conditions under which the Minister of Foreign Affairs may, by order, establish competent consular councils for several consular exchanges.

    • Chapter II: The Assembly of French Foreigners Article 6 Learn more about this article...


      After its general renewal, the first meeting of the French Foreign Assembly will be held within four months of the date of the election.

      Article 7 Learn more about this article...


      At the first meeting following its general renewal, the Assembly of French Foreigners elects its president and office.

      Article 8 Learn more about this article...


      At the first meeting following its general renewal, the Assembly of French Foreigners establishes its rules of procedure. This may be referred to the Administrative Court of Paris.

      Article 9 Learn more about this article...


      The Assembly of French Foreigners meets on the joint initiative of the Minister for Foreign Affairs and his President.
      It meets at least twice a year.

      Article 10 Learn more about this article...


      Each year, the Government submits to the Assembly of French Foreigners a report on the situation of French nationals established outside France and the policies carried out against them.
      The report includes:
      1° French education, including bilingual Francophone education, abroad;
      2° Social protection and social action;
      3° Vocational training and learning;
      4° The security of the French established outside France;
      5° Support for the French entrepreneurship established outside France and the actions taken to promote the commercial distribution of products manufactured in France;
      6° The international commitments relating to one of the substances set out in 1°, 2°, 3° and 7° and directly concerning the French established outside France, as well as the conventions to avoid double taxation and those relating to the law of the family under the Hague Conference on Private International Law, subject to the prerogatives attached to the conduct of the foreign relations of France;
      7° The administration of the French established outside France.
      The report gave rise to a debate in the presence of the Government. It may give rise to a notice from the French Assembly of the foreign country.

      Article 11 Learn more about this article...


      Upon the tabling of the Finance Bill and the Social Security Financing Bill of the year on the office of the National Assembly, the Government shall inform the Assembly of the French from abroad of the provisions relating to matters referred to in Article 10. The Assembly of the French from abroad conveys its observations.

      Article 12 Learn more about this article...


      The Assembly of French Foreigners may be consulted by the Government, by the President of the National Assembly or by the President of the Senate on the situation of French citizens outside France and on any consular or general matters, including cultural, educational, economic and social, concerning them.
      In these areas, it can also, on its own initiative, carry out studies and adopt opinions, resolutions and motions.

      Article 13 Learn more about this article...


      A decree in the Council of State sets out the modalities for the application of this chapter, including:
      1° The amount, conditions and terms and conditions for payment of lump sum refunds to which advisers to the Assembly of French Foreigners may claim under their mandate;
      2° The conditions under which they are compensated for damage resulting from accidents incurred in the performance of their mandate;
      3° The conditions under which they exercise their right to training under their mandate;
      4° The individual prerogatives they have under their mandate;
      5° The conditions under which the rules of procedure of the Assembly of French Foreigners establish its rules of organisation and operation, in particular the conditions under which the office exercises the powers of the Assembly of French Foreigners in the interval of the sessions.

  • PART II: ELECTION OF CONSULAR BOARDS AND COUNCILERS TO THE UNITED NATIONS
    • Chapter I: Provisions common to the election of consular advisers and advisers to the Assembly of French Foreigners Article 14 Learn more about this article...


      Consular advisers and advisers to the French Foreign Assembly are elected for six years by universal suffrage.
      Consular advisers are elected by direct suffrage in May.
      The number of consecutive mandates is limited to three for consular advisers and advisers to the French Foreign Assembly.
      The councillors in the French Foreign Assembly are elected by the consular advisers within one month of their general renewal.

      Article 15 Learn more about this article...


      I. ― shall apply to the election of consular advisers and advisers to the Assembly of French Foreigners, subject to the provisions of this title, Articles L. 54, L. 58 to L. 62, L. 63 to L. 69, L. 71 to L. 78, L. 118-4 and L. 330-16 of the electoral code and chapter VII of Book I of the same code.
      For the purposes of the provisions mentioned in the first paragraph of this I, it is necessary to read: "Consular electoral list" instead of: "election list", "ambasssador or chief of consular post" instead of: "Minister" and, in the case of: Articles L. 71 and L. 72 of the Electoral Code, "colonial electoral district" instead of: "common".
      For the purposes of section L. 73 of the same code, the maximum number of proxys available to the agent is three and the agent may vote only under the conditions provided for in the first paragraph of I and II of section 22 of this Act.
      II. ― are applicable to the election of the only consular advisers, subject to the provisions of Chapter II of this title, Chapters I, III and V of Title I of Book I of the Electoral Code, with the exception of Articles L. 47, L. 48, L. 51 and L. 52. Also applicable are articles L. 62-1, L. 62-2, L. 330-2 and L. 330-4, the first three paragraphs of Article L. 330-6, Article L. 330-12 and the first paragraph of Article L. 330-14 of the same Code.
      For the purposes of the provisions mentioned in the first paragraph of this II, read: "Consular Electoral List" instead of: "election list" and "ambassador or chief of consular post" instead of: "Minister".

      Article 16 Learn more about this article...


      Eligible to the consular board the electors registered on one of the consular electoral lists of the electoral district in which they present themselves.
      The consular advisers elected in accordance with Chapter II of this title shall be elected to the Assembly of French Foreigners.
      No one can be a candidate in several constituencies.

      Article 17 Learn more about this article...


      The heads of diplomatic missions and heads of consular posts may not be nominated in any electoral district, including the jurisdiction in which they have served or served for less than three years on the date of the election.
      In addition, may not be elected in any electoral district, including the jurisdiction in which they have served or have served for less than one year on the date of the election:
      1° Deputy heads of diplomatic mission and consular post;
      2° Heads of military missions and civil services placed with them, as well as their deputy;
      3° Honorary consular officials, within the meaning of the Vienna Convention on Consular Relations, made in Vienna on 24 April 1963, representing France;
      4° Officers in the district.
      Any consular adviser or adviser to the Assembly of the French of the elected foreigner who, for a cause occurring after his election, is in one of the cases of ineligibility provided for in this Act is within three months declared to be resigned ex officio by order of the Minister of Foreign Affairs, unless appealed to the Council of State filed within one month of the date of notification.
      A consular adviser elected to another consular council on the occasion of a by-election ceases, therefore, to belong to the consular council of which he was a member before that election. However, in the event of a contestation of the election, the vacancy shall be declared on the basis of the decision on the appeal.

      Article 18 Learn more about this article...


      I. ― The electors are summoned by decree published:
      1° At least ninety days before the date of the poll, for the election of consular advisers;
      2° Twenty-one days before the date of the election, for the election of the councillors to the Assembly of the French from abroad.
      II. ― The election takes place in each electoral district on a Sunday or in the embassies and consular posts located on the American continent on the previous Saturday.

      Article 19 Learn more about this article...


      I. ― A nomination is mandatory for each candidate or candidate list. It shall be deposited with the Embassy or consular post of the Chief Electoral Officer, by:
      1° The seventieth day before the date of the poll, at 6 p.m., for the election of consular advisers;
      2° On the fifteenth day before the date of the election, at 6 p.m., for the election of councillors in the Assembly of French Foreigners.
      II. – In electoral districts where a single seat is to be filled, the candidate and his or her alternate are of different sex. No one can be both candidate and alternate from another candidate.
      No one can be substituted on several nominations.
      The nomination form shall be made by the candidate, his or her alternate or a representative of the candidate specially appointed by him or her. It includes the signature of the candidate as well as his/her replacement and indicates their names, names, sex, date and place of birth, domicile and profession.
      III. ― In electoral districts where more than one seat is to be filled, each list includes:
      1° A number of candidates equal to the number of seats to be filled, subject to the provisions of Article 40 relating to consular delegates, increased by three, for the election of consular advisers;
      2° A number of candidates equal to the number of seats to be filled, for the election of advisers to the Assembly of French abroad.
      Each list is composed alternately of a candidate of each sex.
      No one can be a candidate on several lists.
      The nomination form shall be made collectively for each list by the nominee or by a representative specially appointed by him. It expressly states:
      1° The title of the list presented;
      2° The names, names, sex, date and place of birth, domicile and occupation of each candidate and, where applicable, their replacements;
      3° The order of presentation of candidates.
      The declaration includes the signature of all members of the list. The filing of the list must be accompanied by all the terms of reference of the candidates included in the list.
      IV. ― The ambassador or consular post chief of the electoral district shall give the applicant a provisional receipt of the statement. He shall issue a final receipt within four days of the filing of the declaration of application if it is in accordance with the provisions of Article 17, to those of Article I, and to those of Article II, in the event of a majority election, or to those of Article III, in the event of an election to proportional representation. The refusal to register the application is motivated.
      The candidate or his or her representative or, in the electoral districts where the election takes place by proportional representation, the candidate placed at the top of the list or his or her representative shall have a period of seventy-two hours to contest the refusal to register the declaration of application before the Administrative Court of Paris, which shall decide within three days. The decision of the Administrative Court can only be contested on the occasion of an appeal against the election.
      If the deadlines set out in the first two paragraphs of this IV to the ambassador, the head of consular post or the administrative court are not met, the application must be registered. The status of the applications is decided, in the order of their filing, by the ambassador or the head of consular post the following day:
      1° From the seventieth day before the date of the poll, for the election of consular advisers;
      2° From the fifteenth day before the date of the election, for the election of advisers to the Assembly of the French from abroad.
      It is published on the website of the embassy or consular post and posted inside diplomatic or consular premises, in a place accessible to the public, until the day of the poll included.

      Rule 20 Learn more about this article...


      I. ― In electoral districts where a single seat is to be filled, nominations may be withdrawn until the deadline set out in I of section 19 for applications. The withdrawal is subject to the same registration conditions as the application declaration.
      When a candidate dies after the expiry of the deadline for filing applications, the candidate becomes a candidate and may designate a new substitute. When a substitute dies during the same period, the candidate may designate a new substitute.
      II. ― In electoral districts where more than one seat is to be filled, withdrawals of complete lists are allowed within the time limit set out in I of section 19, provided that the withdrawal declaration includes the signature of a majority of the members of the list of candidates. No withdrawal of a member from a list is allowed after the application is filed.
      In the event of a death of one of the candidates, the other members of the list must immediately replace it with a new candidate, to the rank of the deceased candidate. This new application is the subject of a supplementary declaration subject to the rules set out in the same Article 19. However, the lists bearing the name of a deceased candidate after the eighth day before the election remain valid without amendment.

      Article 21 Learn more about this article...


      I. ― Electors are informed of the date of the election, the conditions under which they may vote as well as candidates or the list of candidates, by electronic mail or, if not, by postal mail, by:
      1° Fifty days before the election date, for the election of consular advisers;
      2° Eleven days before the date of the election, for the election of councillors in the Assembly of French Foreigners.
      Each candidate or list of candidates may transmit to the Minister for Foreign Affairs an electoral circular so that it is made available and transmitted to electors in a dematerialized form.
      II. ― Candidates or lists of candidates shall hand over their ballots to the head of their electoral district.
      In accordance with the provisions of Article 19, II and subject to the provisions of Article 20, second paragraph I, the ballot shall include, in the electoral districts where a single seat is to be filled, the name of the candidate and that of his or her substitute.
      In accordance with the provisions of Article 19 III and subject to the provisions of Article 20, paragraph II, the ballot shall include, in electoral districts where more than one seat is to be filled, the title of the list and the names of the candidates, in the order of their presentation.
      III. ― The State shall pay its expenses for the delivery of these ballots to the polling stations of the electoral district.
      Candidates or lists of candidates who have obtained at least 5% of the votes cast shall be reimbursed, on a flat basis, the cost of the paper and the printing costs of the ballots and, for the sole election of consular advisers, pursuant to the first paragraph of Article 15, paragraph II, of the electoral posters.

      Article 22 Learn more about this article...


      I. ― For the election of consular advisers, electors vote in offices opened abroad by embassies and consular posts.
      They may, by derogation fromArticle L. 54 of the Electoral Codee-mail voting, by means of materials and software that respect the secret of voting and the sincerity of the ballot.
      II. ― For the election of councillors in the Assembly of French Foreigners, electors vote in the office open to the chief electoral district.
      They may, by derogation from the same section L. 54, vote on the second Friday preceding the date of the election, under the conditions set out in the third paragraph of section 51 of this Act.

      Article 23 Learn more about this article...


      The polling of votes and the allocation of seats shall be carried out at the embassy or consular post of the chief of the electoral district, in the presence of representatives of candidates or lists of candidates, by the ambassador or chief of consular post, or his representative. The results are declared no later than Tuesday following the day of the poll at 6 p.m.
      For application of theArticle L. 68 of the Electoral Codethe transmission to the prefecture means transmission to the embassy or consular post.

      Article 24 Learn more about this article...


      Legal persons, with the exception of political parties or groups, may not participate in the financing of a candidate's election campaign or a list of candidates or by giving them donations in any form, or by providing them with goods, services or other benefits, direct or indirect, at prices less than those usually practised.
      No candidate or list of candidates may receive, directly or indirectly, contributions or material assistance from a foreign State or a foreign legal entity for any expenditure.

    • Chapter II: Special provisions for the election of consular advisers Rule 25 Learn more about this article...


      Consular advisers are elected in electoral districts delimited in accordance with the table annexed to this Act. The chiefs of these exchanges are fixed by order of the Minister for Foreign Affairs. The number of consular advisers to be elected in each electoral district is determined in accordance with the table below, based on the share of the French population of each electoral district, arrested as of 1 January of the year of the election, in the total of the French registered outside France, arrested on the same date pursuant to the first paragraph of Article L. 330-1 of the Electoral Code :


      ELECTORAL ACTION
      Population
      French is:
      NOMBRE
      advisers
      Consular

      Inferior to the 750th part of the total

      1

      Egale or greater than 750th part of the total but less than 200th part

      3

      Equal or greater than the 200th part of the total but less than the 100th part

      4

      Equal or greater than the 100th part of the total but less than the 50th part

      5

      Equal or greater than the 50th part of the total but less than the 30th part

      6

      Egal or greater than the 30th part of the total but less than its 15th part

      7

      Egale or greater than the 15th part of the total

      9


      Before each general renewal, an order of the Minister for Foreign Affairs specifies the number of councillors to be elected in each electoral district pursuant to this section.
      The limits of the consular exchanges referred to in the table annexed to this Act are those that result from the provisions in force on the date of its promulgation.

      Rule 26 Learn more about this article...


      In electoral districts where a single seat is to be filled, the election takes place by a single majority vote in a tower.
      In electoral districts where several seats are to be filled, the election takes place by the list vote at one turn, to the proportional representation according to the rule of the highest average, without adding or deleting names and without changing the order of presentation.

      Rule 27 Learn more about this article...


      In the electoral districts where the majority vote is held, the candidate has elected the largest number of votes cast. In the event of equality of votes, the youngest candidate is elected.
      In electoral districts where the election takes place at the proportional representation, the seats are allocated to the candidates according to the order of presentation. If several lists have the same average for the award of the last seat, it is the list that won the largest number of votes. In the event of an equal vote, the seat is assigned to the youngest candidate who may be declared elected.

      Rule 28 Learn more about this article...


      In the electoral districts where the election took place by majority vote, the consular advisers whose seat becomes vacant for any cause, other than the cancellation of the election operations, are replaced, until the next general renewal, by the persons elected at the same time as they for that purpose.
      In the electoral districts where the election took place at the proportional representation, the candidate coming on a list immediately after the last elected is called to replace, until the next general renewal, the consular adviser elected on this list whose seat becomes vacant for any cause, other than the cancellation of the electoral operations.

      Rule 29 Learn more about this article...


      In the event of the cancellation of electoral transactions in an electoral district or where the provisions of section 28 or, where applicable, those of section 43 may no longer be applied, by-elections shall be held within four months.
      However, no by-elections were made within six months prior to the general renewal of consular advisers.
      The by-elections shall be governed by the same rules as those provided for under Chapter I of this Title and Chapter for general renewals. However, where the provisions of the second paragraph of Article 28 cannot be applied, it shall be filled in the vacancy of the seat by a single majority vote, in accordance with the terms set out in the first paragraph of Article 25, in I and II of Article 19, in I of Article 20 and in the first paragraph of Article 27.
      The term of office of persons elected under this section expires on the occasion of the general renewal of consular advisers.

      Rule 30 Learn more about this article...


      The resignations of the consular advisers are addressed to the ambassador or to the chief consular officer of the electoral district.
      The resignation is final upon receipt by that authority, which immediately informs the Minister of Foreign Affairs.

      Rule 31 Learn more about this article...


      Consular advisors may make communication and copy of all consular electoral lists of their electoral district, under the conditions set out inArticle L. 330-4 of the Electoral Code.

    • Chapter III: Special provisions for the election of advisers to the Assembly of French Foreigners Rule 32 Learn more about this article...


      The councillors in the Assembly of French Foreigners are elected in electoral districts and by a division between constituencies defined in the table annexed to this Act. The Chief Electoral Officers shall be determined by order of the Minister for Foreign Affairs.
      Any adviser to the Assembly of French Foreigners shall be declared ex officio resigning by order of the Minister of Foreign Affairs, unless appealed to the Conseil d'Etat, which shall be filed within one month of the notification, if, for any reason, he shall lose his mandate as a consular adviser.

      Rule 33 Learn more about this article...


      I. ― The councillors in the Assembly of French Foreigners are elected in each electoral district by a ballot, without adding or deleting names and without changing the order of presentation.
      II. ― All seats are allocated to proportional representation according to the highest average rule between the lists having obtained at least 5% of the votes cast within the electoral district, according to the order of presentation of the list.
      If several lists have the same average for the award of the last seat, it is the list that won the largest number of votes. In the event of an equal vote, the seat is assigned to the youngest candidate who may be declared elected.

      Rule 34 Learn more about this article...


      The polling station is chaired by the ambassador or consular post chief of the electoral district, or by his representative.
      A copy of the list of electors in the electoral district, certified by the ambassador or the chief of consular post of the chief of the electoral district, will remain on the polling station table throughout the electoral process. This copy is the starting list.
      The vote of each elector is recorded by its signature ink in front of its name on the starting list. The vote of an elector in accordance with the terms set out in the second paragraph of Article 22 is recorded by an express mention in front of his or her name on the starting list.

      Rule 35 Learn more about this article...


      The candidate coming on a list immediately after the last elect is called to replace, until the next general renewal, the adviser to the French Assembly of the foreigner elected on this list whose seat becomes vacant for any cause, other than the cancellation of the electoral operations.

      Rule 36 Learn more about this article...


      In the event of an electoral cancellation of an electoral district or where the provisions of section 35 cannot be applied, by-elections shall be held within four months.
      However, no by-elections were made in the six months preceding the general renewal of the councillors in the Assembly of French Foreigners.
      The by-elections shall be governed by the same rules as those provided for under Chapter I of this Title and Chapter for general renewals. However, for elections in which a single seat is to be filled, it shall be filled in the vacancy of the seat by a single majority vote, in accordance with the terms set out in the first paragraph of Article 32, in I and II of Article 19, in I of Article 20 and in the first paragraph of Article 27.
      The term of office of the persons elected under this article expires on the occasion of the general renewal of the councillors in the Assembly of the French abroad.

      Rule 37 Learn more about this article...


      The resignations of advisers to the Assembly of French Foreigners are addressed to its President.
      The resignation is final upon receipt by that authority, which immediately informs the Minister of Foreign Affairs.

      Rule 38 Learn more about this article...


      Advisors to the Assembly of French Foreigners may make communication and copy of all the consular lists of their electoral district, under the conditions set out in theArticle L. 330-4 of the Electoral Code.

    • Chapter IV: Terms of application Rule 39 Learn more about this article...


      A decree in the Council of State determines the modalities for the application of this title.

  • PART III: ELECTION OF SENATORS SUBMITTED BY FRANCE
    • Chapter I: Election of consular delegates Rule 40 Learn more about this article...


      In the electoral districts referred to in section 25, consular delegates, intended to complete the electoral body of the senators representing the French established outside France, are elected at the same time as the consular advisers, on the basis of a consular delegate for 10,000 registered in the French register established outside France in excess of 10,000. The number of consular delegates to be elected in these exchanges is determined according to the French population registered in the French register established outside France, arrested as of 1 January of the year of the election pursuant to the first paragraph of Article L. 330-1 of the Electoral Code.
      Before each general renewal, an order of the Minister for Foreign Affairs specifies the number of delegates to be elected under the first paragraph of this section.
      By derogation from the provisions of Article 19 III, in each electoral district where consular delegates are to be elected, each list includes a number of candidates equal to the number of consular advisers and consular delegate seats to be filled, increased by five.

      Rule 41 Learn more about this article...


      The conditions of eligibility, ineligibility and incompatibility applicable to consular delegates, as well as the manner in which they resign, are those mentioned for consular advisers in articles 16 and 17.

      Rule 42 Learn more about this article...


      Once the consular adviser seats are allocated, the consular delegate seats shall be divided between the lists, subject to the conditions set out in section 27. For each of them, they are assigned in the order of presentation, beginning with the first of the unreported candidates elected consular advisor.

      Rule 43 Learn more about this article...


      By derogation from the second paragraph of Article 28, the consular delegate coming to a list immediately after the last elected consular adviser is called to replace, until the next general renewal, the consular adviser elected on this list whose seat becomes vacant for any cause, other than the cancellation of the electoral operations.
      The candidate coming on a list immediately after the last elected consular delegate is called to replace, until the next general renewal, the consular delegate elected on this list whose seat becomes vacant for any cause, other than the cancellation of electoral operations.
      Where the provisions of the second paragraph of this article cannot be applied, Article 29.

    • Chapter II: Method of voting Rule 44 Learn more about this article...


      Senators representing the French established outside France are elected by an electoral college composed of:
      1° Deputies elected by the French established outside France;
      2° Consular advisers;
      3° Consular delegates.
      In the event that a consular adviser or consular delegate is also a member elected by the French established outside France, a substitute is appointed to him, on his presentation, by the President of the Assembly of French Foreigners.

      Rule 45 Learn more about this article...


      The election shall take place under the conditions specified in theArticle L. 295 of the Electoral Code.

    • Chapter III: Declarations of candidature Rule 46 Learn more about this article...


      Lists of candidates shall be established under the conditions provided for in articles L. 298 and L. 300 of the electoral code.
      Nominations are filed with the Ministry of Foreign Affairs no later than the third Monday preceding the election, at 6 p.m. The applicant is given a deposit receipt.
      No one can be a candidate on several lists.

      Rule 47 Learn more about this article...


      If a declaration of application does not meet the conditions set out in section 46, the Minister of Foreign Affairs shall, within 24 hours, take the administrative court of Paris, which shall rule within three days. His judgment can only be contested before the Constitutional Council, seized of the election.

    • Chapter IV: Financing of the electoral campaign Rule 48 Learn more about this article...


      Chapter V bis of Title I of Book I of the Electoral Code is applicable under the conditions set out in section 4 of Book III of the same Code.
      The expenditure ceiling is €10,000 per list plus €0.007 per capita.
      The amounts provided for in this article are updated annually by decree. They evolve as the household consumer price index, excluding tobacco.

    • Chapter V: Pre-election operations Rule 49 Learn more about this article...


      Elections shall be held on the day fixed for the renewal of the series concerned.
      Chapter VI of Title IV of Book II of the Electoral Code is applicable.

      Rule 50 Learn more about this article...


      Voting bulletins and voting materials are made available to members of the Electoral College by ambassadors and consular officers and by an official of the Ministry of Foreign Affairs appointed by the Minister for Foreign Affairs.
      The ballots include the title of the list and the names of the candidates in the order of their presentation.

    • Chapter VI: Voting operations Rule 51 Learn more about this article...


      The polling station meets in the Ministry of Foreign Affairs. It is chaired by an advisor to the Court of Appeal in Paris, appointed by the first president of this jurisdiction.
      Members of the electoral college shall vote in the polling station under the conditions provided for in articles L. 63 to L. 67, L. 313 and L. 314 and second paragraph of Article L. 314-1 of the Electoral Code. Throughout the voting process, a copy of the list of members of the electoral college, certified by the Minister for Foreign Affairs, remains on the voting table. This copy is the starting list. For the purposes of Article L. 65 of the same code, the members of the voting office shall act as a deputy returning officer.
      Members of the Electoral College may also vote on the second Saturday before the election, in their electoral district, with the ambassador or consular postmaster. After passing through the isoloir, the elector gives the ambassador or consular postmaster a fold containing his ballot in an envelope in his own hands. The elector signs this fold as well as the starting list, on which is the fold number. The elector is given a receipt on which the name of the voter and the number of the fold appear. The conditions for the registration, retention and transfer of the fold to the polling station, in order to respect the secrecy of the vote and the sincerity of the vote, are defined by decree in the Council of State.
      Each list may designate, at the polling station in the Ministry of Foreign Affairs as well as at each embassy or consular post where the vote takes place, a delegate to monitor all voting operations.

      Rule 52 Learn more about this article...


      Immediately after having declared the results of the poll, the President of the polling station shall communicate them to the Minister for Foreign Affairs. It also sends the boot lists and the documents annexed thereto.

    • Chapter VII: Vote by proxy Rule 53 Learn more about this article...


      For the purposes of the second paragraph of Article 51, members of the Electoral College may exercise their right to vote by proxy when professional or family obligations or due health reasons prevent them from participating personally in the poll.
      The agent must be a member of the electoral college. He can only have a power of attorney. If this limit has not been met, only is the proxy established first; the one or the other are null and void.
      The proxy's vote is noted by the stamping of the proxy and its ink-apposed signature on the mailing list in front of the name of the principal.
      Articles L. 75 to L. 77 of the Electoral Code are applicable to these powers of attorney.

  • PART IV: OTHER AND FINAL PROVISIONS Rule 57 Learn more about this article...


    In the last paragraph of Article L. 121-10-1 of the Code of Social Action and Families and in the second paragraph of Article L. 214-12-1 of the Code of Education, the word "Committee" is replaced by the word "Council".

    Rule 58 Learn more about this article...


    The 9th of Article L. 311-3 of the Administrative Justice Code is thus written:
    « 9° The elections of advisers and consular delegates and advisers to the Assembly of French Foreigners; "

    Rule 59 Learn more about this article...


    Article L. 308-1 of the electoral code is repealed.

    Rule 60 Learn more about this article...


    I. ― Pursuant to the second paragraph of Article 14, the first elections of consular advisers and delegates took place in May 2014.
    It is terminated the current terms of office of the elected or appointed members of the Assembly of the French from abroad after its general renewal pursuant to the last paragraph of Article 14 and, by 30 June 2014.
    II. ― A. ― Chapter II of Title I, with the exception of Article 13, comes into force on the day of the first meeting of the Assembly of French Foreigners and, no later than October 31, 2014.
    B. ∙ Effective from the general renewal referred to in second paragraph I of this article and, no later than 30 June 2014, articles 1 A, 1 bis to 1st quinquies and 8 bis of Act No. 82-471 of 7 June 1982 The second paragraph of Article 7 and the last paragraph of Article 8 of the Act are repealed. In the event of the application of section 8 bis of the said Act, by-elections shall be held under the conditions provided for by the Act.
    C. ― Sections 1, 2 to 6 and 8 ter to 10 of Act No. 82-471 of 7 June 1982 referred to above are repealed and the first paragraph of section 7 and the first three paragraphs of section 8 of the Act are deleted as from the day after the publication of this Act.
    D. ―Order No. 59-260 of 4 February 1959 supplementing Order No. 58-1098 of 15 November 1958 on the election of senators is repealed.

  • Annex



    A N N E X E
    TABLE ANNEX TO ARTICLES 25 AND 32
    Delimitation of electoral districts and distribution of seats



    CHECKERS FOR ELECTION
    Members of the Assembly
    French from abroad
    NOMBRE
    seats
    CHECKERS FOR ELECTION
    Consular Advisers
    INFORMATION CIRCONSCRIPTIONS

    Canada

    4

    Canada – 1st electoral district

    Vancouver, Calgary



    Canada ― 2nd electoral district

    Toronto



    Canada – 3rd riding

    Quebec



    Canada – 4th electoral district

    Montreal, Moncton and Halifax

    United States of America

    7

    United States ― 1st electoral district

    Atlanta



    United States ― 2nd electoral district

    Boston



    United States ― 3rd electoral district

    Houston, New Orleans



    United States ― 4th electoral district

    Chicago



    United States ― 5th electoral district

    Miami



    United States ― 6th electoral district

    Washington



    United States ― 7th electoral district

    Los Angeles



    United States ― 8th electoral district

    San Francisco



    United States ― 9th electoral district

    New York

    Latin America and the Caribbean

    7

    Argentina

    Buenos Aires



    Bolivia

    La Paz



    Brazil ― 1st electoral district (with Suriname)

    Brasilia, Recife, Paramaribo



    Brazil ― 2nd electoral district

    Rio de Janeiro



    Brazil ― 3rd electoral district

    São Paulo



    Chile

    Santiago



    Colombia

    Bogotá



    Costa Rica, Honduras, Nicaragua

    San José, Tegucigalpa, Managua



    Ecuador

    Quito



    Guatemala, El Salvador

    Guatemala, San Salvador



    Haiti

    Port-au-Prince



    Mexico

    Mexico



    Panamá, Cuba, Jamaica

    Panamá, Havana, Kingston



    Paraguay

    Assumption



    Peru

    Lima



    Dominican Republic

    Saint-Domingue



    Uruguay

    Montevideo



    Venezuela, Saint Lucia, Trinidad and Tobago

    Caracas, Castries, Port of Spain

    Northern Europe

    8

    Denmark

    Copenhagen



    Finland, Lithuania, Latvia, Estonia

    Helsinki, Vilnius, Riga, Tallinn



    Ireland

    Dublin



    Norway, Iceland

    Oslo, Reykjavik



    United Kingdom ― 1st electoral district

    Edinburgh and Glasgow



    United Kingdom ― 2nd electoral district

    London



    Sweden

    Stockholm

    Benelux

    6

    Belgium

    Brussels



    Luxembourg

    Luxembourg



    Netherlands

    Amsterdam

    Austria, Slovakia, Slovenia, Switzerland

    11

    Germany – 1st electoral district

    Berlin, Hamburg



    Germany ― 2nd electoral district

    Frankfurt, Düsseldorf, Sarrebruck



    Germany – 3rd electoral district

    Munich, Stuttgart



    Austria, Slovakia, Slovenia

    Vienna, Bratislava, Ljubljana



    Switzerland – 1st electoral district

    Zurich



    Switzerland ― 2nd electoral district

    Geneva

    Central and Eastern Europe (including Russia)

    3

    Armenia, Georgia

    Erevan, Tbilisi



    Bulgaria, Bosnia and Herzegovina, Macedonia, Albania, Kosovo, Montenegro

    Sofia, Sarajevo, Skopje, Tirana, Pristina, Podgorica



    Croatia

    Zagreb



    Hungary

    Budapest



    Poland

    Warsaw, Krakow



    Czech Republic

    Prague



    Romania, Moldova

    Bucharest, Chisinau



    Russia, Belarus

    Moscow, St. Petersburg, Ekaterinburg, Minsk



    Serbia

    Belgrade



    Ukraine

    Kiev

    South Europe

    5

    Cyprus

    Nicosia



    Greece

    Athens, Thessaloniki



    Italy – 1st electoral district (with Malta and Vatican City State)

    Rome, Naples, La Valette, Vatican City



    Italy – 2nd electoral district

    Milan, Turin and Genoa



    Monaco

    Monaco



    Turkey

    Istanbul, Ankara

    Iberian Peninsula

    6

    Andorra

    Andorra la Vella



    Spain ― 1st electoral district

    Barcelona



    Spain ― 2nd electoral district

    Madrid, Seville, Bilbao



    Portugal

    Lisbon, Porto

    North Africa

    7

    Algeria ― 1st electoral district

    Oran



    Algeria ― 2nd electoral district

    Annaba



    Algeria — 3rd district

    Alger



    Egypt

    Cairo, Alexandria



    Morocco ― 1st electoral district

    Tangier



    Morocco ― 2nd electoral district

    Fez



    Morocco ― 3rd electoral district

    Agadir



    Morocco ― 4th electoral district

    Marrakech



    Morocco ― 5th electoral district

    Rabat



    Morocco ― 6th electoral district

    Casablanca



    Tunisia, Libya

    Tunis, Tripoli

    West Africa

    4

    Benin

    Cotonou



    Burkina Faso

    Ouagadougou



    Côte d'Ivoire

    Abidjan



    Guinea

    Conakry



    Mali

    Bamako



    Mauritania

    Nouakchott



    Niger

    Niamey



    Senegal, Guinea-Bissau, Cape Verde

    Dakar, Bissau, Praia



    Togo, Ghana

    Lomé, Accra

    Central, Southern and Eastern Africa

    5

    South Africa, Mozambique, Namibia, Botswana

    Johannesburg, Cape Town, Maputo, Windhoek, Gaborone



    Angola

    Luanda



    Cameroon, Equatorial Guinea

    Douala, Yaoundé, Malabo



    Comoros

    Moroni



    Congo

    Pointe-Noire, Brazzaville



    Djibouti

    Djibouti



    Ethiopia, Sudan, South Sudan

    Addis Ababa, Khartoum, Juba



    Gabon

    Libreville, Port-Gentil



    Kenya, Rwanda, Burundi, Tanzania, Zambia, Zimbabwe

    Nairobi, Kampala, Kigali, Bujumbura, Dar es Salam, Lusaka, Harare



    Madagascar

    Tananarive, Diégo-Suarez, Majunga, Tamatave



    Mauritius, Seychelles

    Port-Louis, Victoria



    Nigeria

    Lagos, Abuja



    Central African Republic

    Bangui



    Democratic Republic of the Congo

    Kinshasa



    Chad

    Ndjamena

    Central Asia and the Middle East

    4

    Saudi Arabia — 1st electoral district (with Yemen)

    Djeddah, Sana



    Saudi Arabia ― 2nd electoral district (with Kuwait)

    Riyadh, Kuwait



    United Arab Emirates, Oman

    Dubai, Abu Dhabi, Mascate



    Iran, Pakistan, Afghanistan, Azerbaijan, Turkmenistan, Kazakhstan, Tajikistan, Kyrgyzstan, Uzbekistan

    Tehran, Islamabad, Karachi, Kabul, Baku, Ashgabat, Astana, Almaty, Dushanbe, Tashkent



    Jordan, Iraq

    Amman, Baghdad, Erbil



    Lebanon, Syria

    Beirut, Damascus



    Qatar, Bahrain

    Doha, Manama

    Israel and Palestinian territories

    4

    Israel and Palestinian Territories ― 1st electoral district

    Jerusalem



    Israel and Palestinian territories ― 2nd electoral district

    Tel Aviv, Haifa

    Asia-Oceania

    9

    Australia, Fiji, Papua New Guinea

    Sydney, Canberra, Suva, Port Moresby



    Cambodia

    Phnom Penh



    China – 1st electoral district

    Canton, Wuhan, Chengdu



    China – 2nd electoral district (with Mongolia and North Korea)

    Beijing, Shenyang, Oulan-Bator, Pyongyang



    China – 3rd electoral district

    Hong Kong and Macau



    China – 4th electoral district

    Shanghai



    South Korea, Taiwan

    Seoul, Taipei



    India – 1st electoral district (with Bangladesh, Nepal, Sri Lanka)

    New Delhi, Bangalore, Bombay, Calcutta, Dacca, Kathmandu, Colombo



    India ― 2nd electoral district

    Pondicherry and Chennai



    Indonesia

    Jakarta



    Japan

    Tokyo, Kyoto



    Laos

    Vientiane



    Malaysia, Brunei

    Kuala Lumpur, Bandar Seri Begawan



    New Zealand

    Wellington



    Philippines

    Manila



    Singapore

    Singapore



    Thailand, Burma

    Bangkok, Rangoun



    Vanuatu

    Port-Vila



    Vietnam

    Ho Chi Minh City, Hanoi


    This law will be enforced as a law of the State.
    Done in Paris, July 22, 2013.


    François Hollande


    By the President of the Republic:


    The Prime Minister,
    Jean-Marc Ayrault
    Minister of Foreign Affairs,
    Laurent Fabius
    The Minister of the Interior,
    Manuel Valls
    Minister Delegate
    to the Minister for Foreign Affairs,
    in charge of the French abroad,
    Hélène Conway-Mouret

    (1) Act No. 2013-659. Preparatory work: Senate: Bill No. 376 (2012-2013); Report of Mr. Jean-Yves Leconte, on behalf of the Law Commission, No. 424 (2012-2013); Text of Commission No. 426 corrected (2012-2013); Discussion on March 18 and 19 and adoption, following the accelerated procedure, on March 19, 2013 (TA No. 120, 2012-2013). National Assembly: Bill passed by the Senate, No. 834; Report of Mr. Hugues Fourage, on behalf of the Law Commission, No. 884; Discussion and adoption on May 14, 2013 (TA No. 136). Senate: Bill, amended by the National Assembly, No. 578 (2012-2013); Report of Mr. Jean-Yves Leconte, on behalf of the Joint Parity Commission, No. 605 (2012-2013); Result of the work of the commission No. 606 (2012-2013). National Assembly: Report of Mr. Hugues Fourage, on behalf of the Joint Joint Committee, No. 1054. National Assembly: Bill, amended by the National Assembly, No. 1055; Report of Mr. Hugues Fourage, on behalf of the Law Commission, No. 1129; Discussion and adoption on 21 June 2013 (TA No. 159). Senate: Bill, passed by the National Assembly, on new reading, No. 684 (2012-2013); Report of Mr. Jean-Yves Leconte, on behalf of the Law Commission, No. 686 (2012-2013); Result of the work of commission No. 687 (2012-2013); Discussion and adoption on 27 June 2013 (TA No. 181, 2012-2013). ― Constitutional Council: Decision No. 2013-673 DC of 18 July 2013 published in the Official Journal of this day.

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