ELECTION
NATURE OF MANDATE
TERMINATION OF MANDATE
RIGHTS AND OBLIGATIONS
INCOMPATIBILITY
CAMPAIGN ACCOUNTS AND STATEMENTS OF ASSETS
PROVISIONS GUARANTEEING DEPUTIES’ FREEDOM TO CARRY OUT THEIR DUTIES
ALLOWANCES
ELECTION
The members of the National Assembly, deputies, are elected by direct universal
suffrage in a two-ballot system in single-member constituencies (Act of 11 July
1986).
The constituencies are drawn up within each department, depending on population:
there are between two and twenty-four constituencies per department (see annex).
A candidate who obtains an absolute majority, i.e. more than half of the votes
cast, comprising at least a quarter of registered voters, is elected on the first
ballot. If no candidate obtains this number of votes, a second ballot is held,
at which a relative majority suffices: the candidate obtaining most votes is
elected.
Any elector, or any candidate, can challenge the regularity of an election by
referring it to the Constitutional Council. The Council can either dismiss the
reference, or change the outcome of the election, or declare the election void.
If the election is void, a new election must be held.
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NATURE OF MANDATE
All deputies have a nationwide mandate: although each of them is elected by a
single constituency, they each represent the Nation as a whole.
Deputies are independent in carrying out their duties: they may not be legally
bound by any commitment whatsoever. Article 27 of the Constitution specifies
that ‘Any binding instruction shall be void’.
TERMINATION OF MANDATE
A deputy's mandate comes to an end at the close of the five-year life of the
Assembly or if the Assembly is dissolved before then, or if the deputy resigns
or is removed from office, dies or takes up certain functions, including governmental
functions.
The Constitutional Council acknowledges formally that a deputy is to be removed
from office if found to be disqualified. Likewise, a deputy who refuses to relinquish
functions or activities which are incompatible with membership of the Assembly
may be removed from office by declaration of the Constitutional Council.
In the event of a deputy's resignation, whether voluntary or compulsory, or removal
from office, a by-election must be held. But there can be no by-election in the
twelve months preceding the end of the Assembly's term.
If a deputy dies or is made a member of the Government, or if an assignment he
has from the Government is extended beyond six months, the deputy is replaced
by the alternate who was elected at the same time as him for that purpose.
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RIGHTS AND OBLIGATIONS
INCOMPATIBILITY
Deputies may not at the same time be senators or members of the Government, of
the Constitutional Council or of the Economic and Social Council. They may not
accept any government assignment which lasts more than six months. Nor may they
occupy non-elective public positions (e.g. as a civil or military official other
than university professor) or management positions in nationalized industries
or public establishments at national level.
Moreover, an Act of 30 December 1985 made the exercise of more than one of the
following elective positions incompatible with membership of the National Assembly
:
-member of the European Parliament;
-member of a regional council;
-member of a departmental council (conseiller général);
-member of the Paris city council;
-mayor of a commune of 20 000 or more inhabitants;
-deputy mayor of a commune of 100 000 or more inhabitants; and
-member of an assembly of an Overseas Territory.
The exercise of many private activities is regulated or restricted as well, to
ensure that deputies do not derive any advantage from their position. Deputies
are forbidden to accept decorations except for an act of war.
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CAMPAIGN ACCOUNTS AND STATEMENTS OF ASSETS
Any candidate who is declared elected will be disqualified for one year if the
Constitutional Council finds, on a reference from the National Campaign Accounts
Committee, that he failed to submit his campaign account or that the account
was rightfully rejected by the Committee. The Council may also disqualify for
a year anyone who exceeded the statutory ceiling on election expenses (Institutional
Act of 10 May 1990).
Since the 1988 general election deputies have been required, within two months
of taking office, to provide the Political Life Openness Committee with a sworn
statement of their total personal assets. The same requirement applies at the
end of their term of office. Anyone who fails to provide either of these two
statements is disqualified for a year (Institutional Acts of 11 March 1988 and
19 January 1995).
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PROVISIONS GUARANTEEING DEPUTIES’ FREEDOM
TO CARRY OUT THEIR DUTIES
These provisions are set out in article 26 of the Constitution.
No action may be brought against a deputy in respect of opinions expressed or
votes cast in the exercise of his duties, whether on the floor of the Assembly
or in committee, in questions for written answer, in bills or reports.
This freedom (irresponsabilité) extends to civil and criminal actions
in respect of these opinions and votes, and of them alone. It does not extend,
for instance, to remarks reported by journalists or actually made during an election
campaign.
Otherwise, a deputy is subject to the law (including criminal law) just like
anyone else. More particularly, since 1995 deputies can be prosecuted for acts
committed otherwise than in the performance of their duties without any special
procedure. However they cannot be arrested or subjected to any other custodial
or semi-custodial measure without the authorization of the Bureau of the Assembly
unless they are caught in the act of committing a serious crime or other major
offence, or when final sentence has been passed.
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ALLOWANCES
Deputies receive a parliamentary allowance to cover subsistence and other charges
and expenses incurred by membership of the National Assembly. It is calculated
by reference to the salary paid to very senior civil servants (those classed
‘hors échelle’) ; in addition to this allowance there
is also a residence allowance and a duty allowance equal to one quarter of the
parliamentary allowance (Ordinance of 13 December 1958).
Since 1993 the parliamentary allowance plus the residence allowance, but excluding
the duty allowance, has been taxable in the same way as salaries and wages.
Deputies are also entitled to remuneration to cover expenditure on staff, and
are provided with transport, telephone, postage and data processing facilities.
Deputies are also members of the social security fund and pension scheme of the
National Assembly.
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For more information go to http://www.assemblee-nat.fr