Editing President of France (section)

==Powers==
The [[French Fifth Republic]] is a [[semi-presidential republic|semi-presidential system]]. Unlike most other European heads of state, the French president is quite powerful. Although the [[Prime Minister of France]], through their government as well as Parliament, oversees much of the nation's actual day-to-day domestic affairs, the French president wields significant influence and authority, especially in the fields of [[national security]] and [[foreign relations of France|foreign policy]]. The president's greatest power is the ability to choose the prime minister. However, since it is the [[National Assembly (France)|French National Assembly]] that has the sole power to dismiss the prime minister's government, the president is forced to name a prime minister who can command the support of a majority in the assembly. Since 2002, the legislative elections are held a few weeks after the presidential; a majority supporting the president's party or at the very least not opposing the president's choice is therefore very likely to be obtained. They have also the duty of arbitrating the functioning of governmental authorities for efficient service, as the head of state of France.

* When a majority of the Assembly has opposite political views to that of the president, this leads to political {{lang|fr|[[cohabitation (government)|cohabitation]]}}. In that case, the President's power is diminished, since much of the {{lang|la|[[de facto]]}} power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president.
* When the majority of the Assembly sides with them, the president can take a more active role and may further influence government policy. The prime minister is then a more personal choice of the president, and can be easily replaced if the administration becomes unpopular. This device has been used in recent years by [[François Mitterrand]], [[Jacques Chirac]], and [[François Hollande]].

Since 2002, the mandate of the president and the Assembly are both five years, and the two elections are close to each other. Therefore, the likelihood of a {{lang|fr|cohabitation}} is lower. Among the powers of the president:

* The president [[promulgation|promulgates]] laws.
** The president has a suspensive [[veto]]: when presented with a law, they can request another reading of it by the Parliament, but only once per law.
** The president may also refer the law for review to the [[Constitutional Council (France)|Constitutional Council]] prior to promulgation.
* The president may dissolve the [[National Assembly (France)|French National Assembly]].
* The president may refer treaties or certain types of laws to popular [[referendum]], within certain conditions (among them the agreement of the prime minister or the Parliament).
* The president is the [[Chief of the Armed Forces (France)|Chief of the Armed Forces]].
* The president may order the use of [[force de dissuasion|nuclear weapons]].
* The president names the prime minister. In theory, they cannot directly dismiss them, but at least a few recent PMs are known to have given an undated letter of resignation for themselves to the president upon taking office, and the president generally has some influence over the PM. The president also names and dismisses the other ministers, with the advice of the prime minister.
* The president names most officials (with the assent of the cabinet).
* The president names certain members of the Constitutional Council. (Former presidents are also members of this council)
* The president receives foreign ambassadors.
* The president may grant a [[pardon]] (but not an [[amnesty]]) to convicted criminals; the president can also lessen or suppress criminal sentences. This was of crucial importance when France still operated the death penalty: criminals sentenced to death would generally request that the president commute their sentence to life imprisonment.

All decisions of the president must be countersigned by the prime minister, except dissolving the National Assembly, choice of prime minister, and other dispositions referred to in Article 19.

===Detailed constitutional powers===
The constitutional attributions of the president are defined in Title II of the [[Constitution of France]].

'''Article 5''': The president of the republic shall see that the Constitution is observed. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the State. He shall be the guarantor of national independence, territorial integrity and observance of treaties.

'''Article 8''': The president of the republic shall appoint the prime minister. He shall terminate the appointment of the prime minister when the latter tenders the resignation of the Government. On the proposal of the prime minister, he shall appoint the other members of the Government and terminate their appointments.

'''Article 9''': The president of the republic shall preside over the Council of Ministers.

'''Article 10:''' The president of the republic shall promulgate acts of parliament within fifteen days following the final adoption of an act and its transmission to the Government. He may, before the expiry of this time limit, ask Parliament to reconsider the act or sections of the Act. Reconsideration shall not be refused. ''While the President has to sign all acts adopted by parliament into law, he cannot refuse to do so and exercise a kind of right of veto; his only power in that matter is to ask for a single reconsideration of the law by parliament and this power is subject to countersigning by the Prime minister.''

'''Article 11:''' The president could submit laws to the people in a referendum with advice and consent of the cabinet.

'''Article 12''': The president of the republic may, after consulting the prime minister and the presidents of the assemblies, declare the National Assembly dissolved. A general election shall take place not less than twenty days and not more than forty days after the dissolution. The National Assembly shall convene as of right on the second Thursday following its election. Should it so convene outside the period prescribed for the ordinary session, a session shall be called by right for a fifteen-day period. No further dissolution shall take place within a year following this election.

'''Article 13:''' The president of the republic shall sign the [[ordonnance|ordinances]] and [[decree#France|decrees]] deliberated upon in the Council of Ministers. He shall make appointments to the civil and military posts of the State. [...]

'''Article 14''': The president of the republic shall accredit [[ambassador]]s and envoys extraordinary to foreign powers; foreign [[ambassador]]s and envoys extraordinary shall be accredited to him.

'''Article 15''': The president of the republic shall be commander-in-chief of the armed forces. He shall preside over the higher national defence councils and committees.

'''Article 16''': Where the institutions of the republic, the independence of the nation, the integrity of its territory or the fulfilment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the president of the republic shall take the measures required by these circumstances, after formally consulting the prime minister, the presidents of the assemblies and the Constitutional Council. He shall inform the nation of these measures in a message. The measures must stem from the desire to provide the constitutional public authorities, in the shortest possible time, with the means to carry out their duties. The Constitutional Council shall be consulted with regard to such measures. Parliament shall convene as of right. The National Assembly shall not be dissolved during the exercise of the emergency powers.

'''''Article 16''', allowing the president a limited form of [[rule by decree]] for a limited period of time in exceptional circumstance, has been used only once, by [[Charles de Gaulle]] during the [[Algerian War]], from 23 April to 29 September 1961.''

'''Article 17''': The president of the republic has the right to grant pardon.

'''Article 18''': The president of the republic shall communicate with the two assemblies of Parliament by means of messages, which he shall cause to be read and which shall not be the occasion for any debate. He can also give an address in front of the [[Congress of the French Parliament|Congress of France]] in Versailles. Outside sessions, Parliament shall be convened especially for this purpose.<ref>From 1875 to 2008, the President was prohibited from entering the houses of Parliament.</ref>

'''Article 19''': Acts of the president of the republic, other than those provided for under articles 8 (first paragraph), 11, 12, 16, 18, 54, 56 and 61, shall be countersigned by the prime minister and, where required, by the appropriate ministers.

===Presidential amnesties===
Before the 2008 constitutional reform forbidding them, there was a tradition of so-called "presidential amnesties", which are something of a misnomer: after the election of a president, and of a National Assembly of the same party, parliament would traditionally vote a law granting amnesty for some [[petty crime]]s (it was also a way of reducing jail overpopulation). This practice had been increasingly criticized, particularly because it was believed to inspire people to commit traffic offences in the months preceding the election. Such an amnesty law would also authorize the president to designate individuals who have committed certain categories of crimes to be offered amnesty, if certain conditions are met. Such individual measures have been criticized for the political [[patronage]] that they allow. The difference between an amnesty and a presidential pardon is that the former clears all subsequent effects of the sentencing, as though the crime had not been committed, while pardon simply relieves the sentenced individual from part or all of the remainder of the sentence.