As the keystone of the institutions created by the 1958 Constitution, the President of the Republic plays a crucial role in their operation and evolution.

- How is the President of the Republic designated ?
- What are his functions ?
- How are the tasks divided between the President of the Republic and the Prime Minister ?

How is the President of the Republic designated ?
The head of State is elected by direct universal suffrage.
Since when ?
The constituents of 1958 had originally retained the principle of election of the President of the Republic by universal suffrage through an electoral college closely resembling that of the Senate. The presidential electoral college included the members of Parliament, of the general councils and of the assemblies of the Overseas Territories.
By 1962 the regime had evolved, and the political context allowed election of the President of the Republic by popular vote of all of citizens, which came closer to the description of the President's function as representing "popular national mandate". The corresponding amendment to Article 6 of the Constitution was adopted by referendaum on 28 October 1962. Since then, the President of the Republic has been elected by direct universal suffrage of all citizens of French nationality having attained the age of eighteen years.

How does one become a candidate ?
A candidate for the Presidency of the Republic must be of French nationality, be at least twenty-three years of age and have completed the national military service. A candidacy can be registered only if it is sponsored by at least five hundred citizens having been elected to office ; these must include elected officials from at least thirty different departments or Overseas Territories. Lastly, all candidates must submit to the Constitutional Council (Conseil Constitutionnel ) a declaration of their personal assets; the declaration of the candidate elected is published in the Journal Officiel ttogether with the outcome of the election.

How is balloting conducted ?
The opening of the ballot is declared by the Government. The election takes place not less than twenty days and not more than thirty-five days before the expiration of the mandate of the President in office. In order to be elected on the first ballot, the candidate must obtain an absolute majority of the votes cast. Failing this, a second round of voting is organized and is held on the second Sunday following. In order to avoid the dispersal of votes and to ensure that the President elect enjoys sufficient authority, only the two candidates having obtained the most votes on the first ballot may stand for election.
How long is the President's term of office ?
The President has been elected for seven years since the time of Third Republic, and the Fifth Republic remains faithful to this tradition. Nevertheless, owing to the President's many duties, the principle of the seven-year term has sometimes been called into question. There is no limit to the number of times the President of the Republic may be re-elected.
What are the functions of the President of the Republic ?
The President sees that the Constitution is respected. By his arbitrage, he ensures the regular functioning of the organs of government and the continuity of the State. He is the protector of national independence and of territorial integrity... The Constitution determines the duties of the head of State and endows him, in addition to the powers he traditionally shares with other authorities which have the responsibility for their exercise, with personal powers which are exempt from the necessity of countersignature by the Prime Minister.

When does the President intervene ?
The President does not intervene in the daily running of the Government. As the chief magistrate of the Republic and the protector of higher national interests, he intervenes between organs of government while ensuring the respect of the Constitution and the proper functioning of the public authorities. The head of State represents the nation, he personalizes France on the international stage and is the supreme recourse when its existence is threatened. Guardian of the separation between the executive and legislative branches, his mediation ensures that good relations obtain between the Government and the Parliament. The importance of the President's role as arbiter is more apparent during so-called periods of "cohabitation".
What are the President's powers ?
The President of the Republic can, without ministerial approval:
- appoint the Prime Minister ; - organize referenda (on the proposal of the Government or the two Houses) ; - dissolve the National Assembly ; - invoke Article 16 (emergency powers); - address messages to Parliament ; - appoint three members and the president of the Constitutional Council ; - bring matters before the Constitutional Council (this is not an exclusive right).
In addition, the head of State chairs the meetings of such bodies as :
- the Cabinet (Conseil des Ministres ) ;
- the Higher National Defense Councils and Committees ;
- the High Council of the Judiciary (Conseil Supérieur de la Magistrature ) ;
- the interministerial councils.

Nevertheless, under the Fifth Republic, the powers of the chief of State have been interpreted broadly, other than during periods of cohabitation, and the use made of these by successive Presidents, when presidential and parliamentary majorities coincided, has not been limited to those listed in the Constitution. It is within the broad lines determined by the head of State that the Government conducts its action.
What are the respective roles of the President of the Republic and the Prime Minister ?
Viewed from the outside, one feature of the French constitutional system appears rather remarkable and that is its dual executive organization : the executive branch is headed by "two chiefs", the President of the Republic, as head of State, and the Prime Minister, as head of Government.
This duality has existed since 1958. But it becomes particularly apparent when the head of State and the head of Government belong to opposing political groups (this being the case from March 1986 to March 1988, from April 1993 to May 1995 and from June 1997 to the present day).
How does the Constitution apportion the roles ?
The President is regarded by the Constitution as an arbiter, a guardian of the proper functioning of the national organs of power. He embodies the continuity of the Republic. He is a guardian, not a manager, that is the decisions he may take do not concern day-to-day management of the Government.
Alternatively, the Prime Minister is responsible for day-to-day administration. He is head of the Government, which determines and conducts national policy :

- he disposes of executive rule-making powers ;
- he, as well as members of Parliament, have the right to propose legislation ;
- he controls Parliamentary procedure : among others the Consitution gives him the right to determine the order of the Parliamentary agenda (with the exception of the monthly session reserved by priority for the agenda set by each House).

The Constitution states that "the government determines and conducts national policy" and this applies fully during a period of cohabitation.

The President of the Republic in the Constitution

The following section conveys the spirit of the parts of the Constitution of the Fifth Republic concerning the President of the Republic, the way he is elected and his prerogatives. This is not an official or complete text of the Constitution.
Titre II : The President of the Republic Article 5. states that the President of the Republic ensures that the Constitution is obeyed and guarantees the regular functioning of the public authorities and the continuity of the state.
Article 6. stipulates that the President of the Republic is elected for seven years by direct universal suffrage.
Article 7. covers the electoral procedure. The President of the Republic is elected by an absolute majority of the votes cast. If this is not obtained on the first ballot, a second round of voting must be held, which takes place two Sundays later. Only two candidates may stand for election on the second ballot, these being the two who obtained the greatest number of votes in the first....
The election of the new President must take place not less than twenty days and not more than thirty-five days before the expiration of the mandate of the sitting president.
If for any reason the Presidency of the Republic should fall vacant, or the Constitutional Council certifies that the President of the Republic is incapable of exercising his functions, these are temporarily assumed by the president of the Senate and, if the latter is in turn prevented, by the Government. If the Constitutional Council should declare the vacancy or the incapacity to be permanent, voting for the election of the new President takes place, unless the Constitutional Council is forced by exceptional circumstances to decide otherwise, not less than twenty days and not more than thirty-five days from the declaration of permanent vacancy or incapacity. Under certain conditions, the Constitutional Council may postpone the election (for full details see official text of the Constitution).
If one of the two candidates having obtained the most votes in the first balloting ... dies or becomes unable to hold office, the Constitutional Council announces that the entire electoral procedure must be repeated; the same applies in the event of the death or incapacity of one of the two candidates eligible to stand for the second round of voting. In both cases the matter is referred to the Constitutional Council.
The Constitutional Council may extend the time limits provided that balloting does not take place more than thirty-five days after the date of the decision of the Council. If the elections are postponed beyond the expiration of the mandate of the President in office, the latter remains in office until his successor is sworn in.
Article 8. stipulates that the President of the Republic appoints the Prime Minister and puts an end to his appointment when the latter presents his resignation to the Government. On the proposal of the Prime Minister, the President appoints and dismisses the other members of the government.
Article 9. states that the President of the Republic presides over the Cabinet meetings.
Article 10. provides that the President of the Republic must promulgate Acts of Parliament within fifteen days after the final version of the law adopted has been transmitted to the Government. Before the expiration of this period, he may ask Parliament to reconsider the Act or parts of it, and Parliament cannot refuse this reconsideration.
Article 11. says that the President of the Republic, on the proposal of the Government or on that of both Houses of Parliament, may submit to a referendum any Government bill which deals with the structure of public authorities, with reforms concerning the economic or social policy of the Nation or the public services involved, or which calls for authorization of a treaty which, without actually being contrary to the Constitution, nevertheless would affect the functioning of existing institutions.
Any referendum organized at the proposal of the Government must be presented for debate before both Houses of Parliament.
If the Government bill is approved by referendum, the President of the Republic must promulgate the law within the two weeks following the official proclamation of the referendum results.
Article 12. provides that the President of the Republic may dissolve the National Assembly after consultation with the Prime Minister and the presidents of the two Houses of Parliament. In this event, new elections must be held not less than twenty days and not more than forty days after the dissolution. The new National Assembly must meet on the second Thursday following its election, except when Parliament is not in session. If Parliament is in recess, an extraordinary session must be held. No further dissolution may be pronounced during the year that follows these elections.
Article 13. stipulates that is the President of the Republic who signs the regulations and decrees decided upon by the Cabinet.
He makes appointments to civil and military offices.
The Cabinet appoints the Councillors (in the Conseil d'État), the grand Chancellor of the Légion d'honneur, ambassadors and envoys extraordinary, judges and lawyers to the Cour des Comptes, prefects, representatives of the Government in the Overseas Territories, general Army officers, heads of institutions of higher education, heads of central Government departments
Article 14. provides that the President of the Republic accredits ambassadors and envoys extraordinary to foreign countries; and foreign ambassadors and envoys extraordinary are in turn accredited to the President of the Republic.
Article 15. states that the President of the Republic is the head of the armed forces. He presides over the higher National Defense councils and committees.
Article 16. provides that, when the institutions of the Republic, the independence of the Nation, the integrity of its territory or the fulfillment of its international commitments are deemed to be in serious and immediate danger and the regular functioning of the constitutional public authorities is suspended, the President of the Republic takes the measures required by these circumstances, after officially consulting with the Prime Minister, the presidents of the two Houses and the Constitutional Council.
He informs the Nation of these measures in a message.
These measures must be inspired by the desire to ensure that the constitutional public authorities have, in the shortest possible time, the means to accomplish their task. The Constitutional Council is consulted on these measures. Parliament continues to meet.
The National Assembly may not be dissolved during the exercise of emergency powers.
Article 17. gives the President of the Republic right to grant pardons.
Article 18. stipulates that the President of the Republic communicates with the two Houses of Parliament by means of messages which are read at his behest and which are not open to debate. When Parliament is not in session, it may be convened for this purpose.
Article 19. All other acts of the President of the Republic must be countersigned by the Prime Minister and where appropriate by the ministers concerned.
For the full text of the above articles, see: La Constitution, Journal officiel de la République française, February 1995.

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