French Constitution 1946
The Institutions of the Republic
Title 1 The Sovereignty
Art. 1. France is an indivisible, secular, democratic and social Republic.
Art. 2. The national emblem is the tricolor flag, bleu, white and red with
three vertical strips of equal dimensions.
The national hymn is the Marseillaise.
The witticism of the Republic is: Liberty, Equality, Fraternity.
Its principle is: government by the people, for the people and with the people.
Art. 3. National sovereignty belongs to the French people.
People use it, in constitutional subject, with the vote of its representatives
and with the referendum.
In all other subjects it uses it through its deputies in the National Assembly,
chosen with universal suffrage, equal, direct and secret.
Art. 4. Electors are, at the conditions determined by the law, all the national
and French subjects of age of both the sexes, who enjoy the civil and political
rights.
Title II. The Parliament
Art. 5. The Parliament is composed from the National Assembly and the Council
of the Republic.
Art. 6. The duration of the powers of every Assembly, its electoral system,
the conditions of eligibility, the regime of the ineligibility and incompatibility,
are determined by the law.
The two Chambers are, besides, chosen on territorial base: the National Assembly
with direct universal suffrage; the Council of the Republic through the town and
departmental collectivities, with indirect universal suffrage. The Council of
the Republic is renewable for half.
Nevertheless, the National Assembly can elect, with proportional representation,
a number of advisers that have not to overcome a sixth of the total of the members
of the Council of the Republic
The number of the members of the Council of the Republic cannot be inferior to
250 neither superior to 320.
Art. 7 (1). The war cannot be declared without a vote of the National Assembly
and the preventive opinion of the Council of the Republic.
Art. 8. Each Chamber is judge of the eligibility of its members and the regularity
of their election; it can receive their resignations, only.
Art. 9 (2). The National Assembly meets of full law in annual session on second
Tuesdays of January.
The general duration of the interruptions of the session cannot overcome four
months. The updating of the sessions superior to ten days are considered as interruptions
of the session.
The Council of the Republic meets contemporarily to the National Assembly.
Art. 10. The sessions of the two Chambers are public. Either the reports in
extenso of the discussions either the parliamentary documents are published in
the Journal Officiel
Each Chamber can meet in secret committee.
Art. 11 (3). Each Chamber elects its Office of
Presidency every year, at the beginning of the session, with the proportional
representation of the groups.
When the two Chambers meet for the election of the President of the Republic their
Presidency is that of the National Assembly.
Art. 12 (4). When the National Assembly is not in session, its Presidency,
checking the action of the Cabinet, can summon the Parliament; it has to do so
with the request of a third of the deputies or the President of the Council of
the ministers.
Art. 13. Only the Assembly votes the laws. It cannot delegate such right.
Art. 14 (5). The President of the Council of the Ministers and the members
of the Parliament have the initiative of the laws.
The bill of law [projets, or rather introduced by the Government:
note of the translator.] and the proposals of law formulated by the members of
the National Assembly are deposited in its office of presidency.
The proposals of law formulated by the members of the Council of the Republic
are deposited in the office of presidency of this and transmitted before the discussion
to the Presidency of the National Assembly. They are not admissible when they
have as consequence a diminution of entrances or an increase of expenses.
Art. 15. The National Assembly studies the bills and the proposals of law,
of which it is invested in the committees, of which it determines the number,
the composition and the competence.
Art. 16. In the National Assembly is discussed the bill of law related to the
budget.
This same law cannot include anything other than tightly financial dispositions.
An organic law will regulate the way of presentation of the budget.
Art. 17. The deputies of the National Assembly enjoy some initiative in subject
of expenses.
Nevertheless, no proposal made to increase the anticipated expenses or to create
the new one can be introduced in the center of discussion of the budget and the
notes of variations.
Art. 18. The National Assembly equalizes the accounts of the Nation.
To such effect it is assisted by the Court of the accounts.
The National Assembly can entrust the Court of the accounts to develop any investigation
or study regarding the collections and the public expenses or the management of
the treasury.
Art. 19. The amnesty can be granted only by law.
Art. 20 (6). The Council of the Republic examines, for its opinion, the bills
and the proposals of law voted in first reading from the National Assembly.
It gives its opinion within two months, at maximum, from the transmission from
the National Assembly. When it concerns the law of the budget, such term can be
reduced, where it needs, in way not to exceed the time employed by the National
Assembly to examine it and to vote it. When the National Assembly has decided
to follow the procedure of urgency, the Council of the Republic expresses its
opinion in the same anticipated term for the discussions of the National Assembly
according to the rule of this one. The anticipated terms in the present article
are suspended during the interruptions of the session. They can be prolonged with
deliberation of the National Assembly.
If the opinion of the Council of the Republic is conforming, or it has not been
given in the terms foreseen by the precedent paragraph, the law is promulgated
in the text voted by the National Assembly.
If the opinion is not conforming, the National Assembly examines the bill or the
proposal of law in second reading. It definitely deliberates only on the amendments
proposed by the Council of the Republic, completely or partly approving them or
rejecting them. In case of total or partial rejection of such amendments, the
vote in second reading takes place with public vote, at absolute majority of the
members of the National Assembly, when the vote has happened, by the Council of
the Republic, under the same conditions.
Art. 21. No member of the Parliament can be pursued, sought after, halted,
imprisoned or judged in dependence of the opinions or votes from him issued in
the exercise of his functions.
Art. 22 (7). No member of the Parliament is able, during his mandate, to be
pursued or halted in criminal or correctional subject if not with the authorization
of the Chamber of which he makes part, saving the case of flagrant crime. The
detention or the procedure against a member of the Parliament are suspended, if
the Chamber of which he makes part requires it.
Art. 23. The members of the Parliament perceive an established indemnity with
reference to the treatment of a category of officials.
Art. 24. Nobody can contemporarily belong to the National Assembly and the
Council of the Republic. The members of the Parliament cannot belong to the Economic
Council, neither to the Assembly of the French union.
Title III. The Economic Council
Art. 25. An Economic Council, whose statute is regulated by
law, examines, for the opinion, the bills and the proposals of law of its competence.
Such projects are submitted to it from the National Assembly before it deliberates.
The Economic Council can be also consulted by the Council of the ministers. It
is obligatorily when it is to establish an economic national plan having for object
the full employment of the men and the rational use of the material resources.
Title IV. The Diplomatic Agreements
Art. 26. The diplomatic agreements regularly ratified and published have force
of law also in the case in which they are in contrast with some French laws, without
that are needed, to assure its application, other legislative dispositions besides
what have been necessary to allow its ratification.
Art. 27. The agreements related to the international organization, the agreements
of peace, of commerce, the agreements that hock the finances of the State, those
related to the status of the persons and to the law of ownership of French abroad,
that modify internal laws, that involve transfer, exchange or increase of territory
are not definitive if not after having been ratified through a law.
No transfer, no exchange, no increase of territory is valid without the consent
of the interested populations.
Art. 28. The diplomatic agreements ratified and published, having a superior
authority to that of the inside laws, cannot be repealed, modified or suspended
if not following a regulate denunciation, notified through diplomatic channel.
For the agreements of which to the art. 27, the denunciation must be authorized
by the National Assembly, but for the agreements of commerce.
Title V. The President of the Republic
Art. 29. The President of the Republic is elected by the Parliament. He is
chosen for a seven-year period. He can be re-elected one time.
Art. 30. The President of the Republic names, in Council of the ministers,
the advisers of State, the Great Chancellor of the Legion of honor, the ambassadors
and the extraordinary envoys, the members of the superior Council and the Committee
of the national defense, the Rectors of the Universities, the Prefects, the Managers
of the central administrations, the general officers, the Representatives of the
Government in the Territories of overseas.
Art. 31. The President of the Republic is kept aware of the international negotiations.
He signs and ratifies the agreements. The President of the Republic accredits
the ambassadors and the extraordinary envoys in the foreign Powers; the ambassadors
and the foreign extraordinary envoys are accredited to him.
Art. 32. The President of the Republic presides the Council of the ministers.
He lets compile and guards the oral reports of the sessions.
Art. 33. The President of the Republic presides, with the same attributions,
the superior Council and the Committee of the national defense and he has the
title of Chief of the armed forces.
Art. 34. The President of the Republic presides the superior Council of the
Magistracy.
Art. 35. The President of the Republic manages, in superior Council of the
Magistracy, the right of grace.
Art. 36. The President of the Republic definitely promulgates the laws within
ten days from the transmission to the Government of the approved law.
Such term is reduced to five days in case of urgency declared by the National
Assembly.
Within the term fixed for the promulgation, the President of the Republic is able,
with motivated message, to ask the Chambers a new deliberation that cannot be
refused.
If, the promulgation from the President of the Republic doesn't intervene in the
terms established by the present Constitution, the President of the National Assembly
does it.
Art. 37. The President of the Republic communicates with the Parliament with
messages addressed to the National Assembly.
Art. 38. Every action of the President of the Republic must be countersigned
from the President of the Council of the ministers and from a minister.
Art. 39. Not over thirty and not before fifteen days from the cessation of the
powers of the President of the Republic, the Parliament proceeds to the election
of the new President.
Art. 40. If, in application of the preceding article, the election has taken
place in the period in which the National Assembly is dissolved to the senses
of the art. 51, the powers of the President of the Republic are postponed until
the election of the new President. The Parliament proceeds to the election of
the new President within ten days from the election of the new National Assembly.
In such case the designation of the President of the Council of the ministers
takes place within fifteen days from the election of the new President of the
Republic.
Art. 41. In case of impediment recognized by a vote of the Parliament, and
in case of vacation for death, resignations or other cause, the President of the
National Assembly provisionally assumes the interim of the functions of the President
of the Republic And he will be replaced in his functions from a Vice-president.
The new President of the Republic is chosen within ten days, except what said
in the preceding article.
Art. 42. The President of the Republic is responsible only in case of high
betrayal.
He can be set in state of accusation from the National Assembly and postponed
in front of the high Court of justice according to the norms contained in the
art. 57.
Art. 43. The office of President of the Republic is incompatible with every
other public function.
Art. 44. The members of the families that have reigned in France cannot be
chosen to the Presidency of the Republic.
Title VI. The Ministers' Council
Art. 45 (8). At the beginning of every legislature the President of the Republic,
after the consultations of rite, designates the President of the Council. These
one submits the program and the politics of the Cabinet that he intends to constitute
to the National Assembly.
The President of the Council and the ministers cannot be named if not after the
President of the Council has gotten confidence from the Assembly, through nominal
appeal and to absolute majority, saving the case of force majore that prevents
the reunion of the National Assembly.
This disposition is also applied during the legislature, in the case of vacation
for death, resignations or other cause, except what is said in the art. 52. The
norms of the art. 51 are not applicable in the case that the ministerial crisis
intervenes within fifteen days from the nomination of the ministers.
Art. 46. The President of the Council and the ministers from him chosen are
named with decree of the President of the Republic.
Art. 47. The President of the Council of the ministers assures the execution
of the laws.
He names all the civil and military employment, except those foreseen by the artts.
30, 46 and 84.
The President of the Council assures the direction of the armed forces and coordinates
the national defense.
The actions of the President of the Council of the ministers contained in the
present article are countersigned by the competent ministers.
Art. 48. The ministers are collegially responsible in front of the National
Assembly of the general politics of the Cabinet and individually of their personal
actions.
They are not responsible toward the Council of the Republic.
Art. 49 (9). The matter of confidence cannot be set if not after a deliberation
of the Council of the ministers; and it must be promoted by the President of the
Council.
The vote on the matter of confidence will not be held before it has spent one
whole day after that the same matter was set in front of the Assembly, and it
will be given for nominal appeal.
Confidence can be denied to the Cabinet only by the absolute majority of the members
of the Assembly.
The denial involves the resignations of the Cabinet.
Art. 50 (10). The favorable vote on a motion of censorship from the Assembly
involves the collegial resignations of the Cabinet.
Such vote cannot take place before it has spent one whole day after the deposit
of the motion and it will be given for nominal appeal.
The motion of censorship must be approved to absolute majority of the members
of the Assembly.
Art. 51. If during eighteen months two ministerial crises intervene under the
conditions foreseen by the artts. 49 and 50, the breaking-up of the National Assembly
can be definite in Council of the ministers, heard the opinion of the President
of the Assembly. The breaking-up will be pronounced, in conformity of such decision,
with decree of the President of the Republic.
The dispositions of the preceding paragraph are not applicable if not after the
first eighteen months of the legislature.
Art. 52 (11). In case of breaking-up, the Cabinet, except the President of
the Council and the Minister of Home Affairs, stays incumbent for the ordinary
administration.
The President of the Republic names President of the Council the President of
the National Assembly. This one names the new Minister of the Home Affairs in
accord with the office of presidency of the National Assembly. And he names ministers
of State some members of the groups not representing the Government.
The general elections take place not less than twenty or no more than thirty days
after the breaking-up.
The National Assembly is summoned by full law on third Thursdays following to
the election.
Art. 53. The ministers can intervene to the sessions of the two Chambers and
their Committes. They must be intended every time that they require it.
They can let be assisted in the discussions to the Chambers from Commissioners
to such purpose designated with special decrees.
Art. 54. The President of the Council of the ministers can delegate some powers
to a minister.
Art. 55. In case of vacation for death or for other cause, the Council of the
ministers entrusts provisionally one of its components to exercise the functions
of President of the Council of the ministers .
Title VII. The Penal Responsibility of the Ministers
Art. 56. The ministers are penally responsible of the crimes committed in the
exercise of their functions.
Art. 57. The ministers can be set in state of accusation from the National
Assembly and sent in front of the high Court of justice.
The National Assembly deliberates by secret ballot and to absolute majority of
the members, except for those people who have been called to take part to the
accusation to the inquiry or in the trial.
Art. 58. The high Court of justice is elected by the National Assembly at the
beginning of every legislature.
Art. 59. A special law establishes the constitution and the procedure of the
high Court.
Title VIII. The French union
Section I. - general Principles
Art. 60. The French union is composed, from a side, from French Republic, that
includes metropolitan France, the Departments and the Territories of overseas,
and, from the other side, from the associated Territories and States.
Art. 61. The situation of associated States in the French union results for
each one from the act that defines its relationships with France.
Art. 62. The members of the French union contribute with all their means to
the defense of the whole Union. The Government of the Republic takes care of the
coordination of such mean and the direction of the politics established to prepare
and to guarantee such defense.
Section II. - The organization
Art. 63. The central organs of the French union are: the Presidency, the high
Council, the Assembly.
Art. 64. The President of the French Republic is President of the French union,
and he represents the permanent affairs of it.
Art. 65. The high Council of the French union, presided by the President of
the union, is composed from a delegation of the French government and from the
representations that each associated state has the faculty to designate near the
President of the union.
It has for essential function to assist the Government in the general politics
of the union.
Art. 66. The Assembly of the French union is composed, for half, from representing
members of metropolitan France and, for half, from representing members of the
Departments, the Territories of overseas and associated States .
An organic law will establish in which proportions can be represented the different
component of the population.
Art. 67. The members of the Departments and the Territories of overseas are
elected to the Assembly of the union by the territorial asseblies; those of metropolitan
France are chosen in reason for two third from the members of the Assembly National
representing the metropolis and in reason for a third from the members of the
Council of the Republic representing the metropolis.
Art. 68. The associated States can send delegates to the Assembly of the union
in the limits and to the conditions established from a law and from an inside
act of each State.
Art. 69. The President of the French union summons the Assembly of the French
union and closes the sessions of it. He is forced to summon it on request of half
its components.
The Assembly of the French union cannot work during the intervals between the
sessions of the Parliament.
Art. 70. The norms of the artts. 8, 10, 21, 22 and 23 are applied to the Assembly
of the French union to the same conditions with which they are applied to the
Council of the Republic.
Art. 71. The Assembly of the French union is invested with the bills and the proposals
of law that have been submitted to it for the opinion from the National Assembly,
or from the Government of the French Republic, or from the Governments of associated
States .
The Assembly pronounced itself on the proposals of resolutions that have been
presented to it from one of its members and if it takes them in consideration,
it can entrust its Office of presidency to transmit them to the National Assembly.
It can make proposals to the French Government and the high Council of the French
union.
The proposals of resolution of which in the previous paragraph must be referred
to laws related to the Territories of overseas.
Art. 72. In the Territories of overseas the legislative power belongs
to the Parliament for what it concerns the penal legislation, the regime of the
fundamental liberties and the political and administrative organization.
For all other subjects, the French law is valid in the territories of overseas
only when it gives disposition of it peremptory or when has been extended to the
Territories of overseas, with special decree, heard the opinion if the Assembly
of the union.
Besides, derogating art. 13, the President of the Republic, in Council of the
ministers, with previous opinion of the Assembly of the union, can establish particular
dispositions for each Territory
Section III. - The Departments and the Territories of overseas
Art. 73. The legislative system of the Departments of overseas is equal to
that of the metropolitan Departments, saving the exceptions established by the
law.
Art. 74. The Territories of overseas have a special statute that keeps track
of their particular affairs within the affairs of the Republic.
Such statute and the inside organization of each Territory of overseas, or of
each group of Territories, is established from by law, heard the Assembly of the
union French and previous consultation of the territorial Assemblies.
Art. 75. The particular statutes of the members of the Republic and the French
union are susceptible of evolution.
The statutory modifications and the passages from a category to the other, in
the picture pointed out by the art. 60, take place only in force of a law voted
by the Parliament previous consultation of the territorial Assemblies and the
Assembly of the union.
Art. 76. The representative of the Government in each Territory or group of
Territories is the deposit of the powers of the Republic. He is also the Chief
of the administration of the Territory.
It is responsible of his actions toward the Government.
Art. 77. In every Territory is founded an elective Assembly. The electoral
system, the composition and the competence of such Assembly are established by
law.
Art. 78. In the groups of Territories the guardianship of the common affairs
is entrusted to an Assembly composed of members elected by the territorial Assemblies.
Its composition and its powers are disciplined by law.
Art. 79. The Territories of overseas elect their own representatives to the
National Assembly and the Council of the Republic in the forms established by
law.
Art. 80. The natives of the Territories of overseas are considered citizen,
to the same title of the national French of the metropolis or the Territories
of overseas. Special laws will discipline the forms in which such right can be
exercised.
Art. 81.national French and the natives of the French union are citizen of
the French union, which assures the enjoyment of the rights and the liberties
guaranteed to them in the preamble of the present Constitution.
Art. 82. The citizens that don't have the French civil statute preserve their
personal statute, because they cannot give up it.
Such statute is not able in any case to constitute motive to refuse or to limit
the rights and the liberties deriving from the status of French citizen.
Title IX. The Superior Council of the Magistracy
Art. 83. The superior Council of the Magistracy is composed of fourteen members:
the President of the Republic, President;
the Minister of the justice, Vice-president;
six members chosen for six years from the National Assembly itself, to two third
majority and six substitutes, chosen to the same conditions;
six members designated as it follows:
four magistrates, chosen for six years in the ways foreseen by the law and four
substitutes, chosen in the same way
two members, named for six years from the President of the Republic, choosing
them out of the Parliament and of the magistracy, but among the forensic professions
and two substitutes equally designated .
The decisions of the superior Council of the Magistracy are adopted to majority
of votes. In case of parity, the vote of the President prevails.
Art. 84. The President of the Republic names, on proposal of the superior Council
of the Magistracy, the magistrates, to exception of those of the District Attorney.
The superior Council of the Magistracy assures, accordingly to the dispositions
of law, the magistrates' discipline, their independence and the administration
of the judicial organs.
The magistrates of the judicial organs irrevocable.
Title X. The Territorial Collectivities
Art. 85. The French Republic, one and indivisible, recognizes the subsistence
of the territorial collectivities.
Such collectivities are the Communes, the Departments and the Territories of overseas.
Art. 86. The general position, the extension, the possible grouping and the
organization of the Communes and the Departments, as well as of the Territories
of overseas are established by the law.
Art. 87. Territorial collectivities are freely administered through Councils
chosen to universal suffrage.
The taking care of the execution of the decisions of such Councils is of the Mayor
[Maire] or their President.
Art. 88. The coordination of the activity of the officials of the State, the
representation of the national affairs and the administrative control of the territorial
collectivities are assured, in the departmental circle, from Delegates of the
Government, named in Council of the ministers.
Art. 89. Some organic laws will extend departmental and town liberties; they
can foresee, for some large cities, norms of operation and different structures
from those of the small Common and to allow special dispositions for some Departments;
and they will establish, besides, the conditions of application of the preceding
artts. from 85 to 88.
Equally for law it will be established in which way the local services of the
central administrations will work, so that to approach the administration to the
people.
Title XI. The Revision of the Constitution
Art. 90. The revision takes place in the following forms.
The revision must be decided with deliberation adopted to absolute majority of
the members of the National Assembly.
Such deliberation points out the object of the revision.
It is submitted, in the three month-minimum term, to a second reading, to which
it has to proceed in the same forms of the first one, unless the deliberation
has not been adopted to absolute majority from the Council of the Republic, to
which it must be sent by the National Assembly.
After such second reading, the National Assembly elaborates the project of law
for the revision of the Constitution. Such project is submitted to the Parliament
and voted to majority, in the forms anticipated for the ordinary laws.
The project is submitted to referendum, except that it has been adopted in second
reading from the Assembly National with a two third majority or majority of the
three fifth voted by each assembly.
The project is promulgated as constitutional law from the President of the Republic
within eight days from its adoption.
No constitutional revision related to the existence of the Council of the Republic
can be effected without the consent of the Council itself or without recourse
to a referendum.
Art. 91. The constitutional Committee is presided by the President of the Republic.
They make part of it: the President of the National Assembly, the President of
the Council of the Republic, seven members chosen to the National Assembly at
the principle of every annual session with the proportional representation of
the groups and select out of its members, three members chosen in the same forms
from the Council of the Republic
The constitutional Committee verifies if the laws voted by the National Assembly
implicates a revision of the Constitution.
Art. 92. Within the term of promulgation of the law, the Committee is invested
of the matter through a question presented jointly from the President of the Republic
and from the President of the Council of the Republic, after the Council has deliberated
to absolute majority of its own components.
The Committee examines the law, it tries to promote the accord between the National
Assembly and the Council of the Republic and, if it doesn't succeed, it deliberates
within five days from that in which has been invested of the matter. In case of
urgency, such term can be reduced to two days.
The Committee can decide only on the possibility of revision of the dispositions
of the titles from the 1 to the 10 of the present Constitution.
Art. 93. The law that, according to the opinion of the Committee, implicates
a revision of the Constitution, is sent to the Assembly for a new deliberation.
If the Parliament insists on its precedent vote, the law cannot be promulgated
before the Constitution has been revised in the forms foreseen by art. 90.
If the law is judged conforming to the dispositions of the Titles from the 1 to
the 10 of the present Constitution, is promulgated in the term foreseen by art.
36, prolonged subsequently of the duration of the terms foreseen by art. 92.
Art. 94. In case of occupation of whole or part of the metropolitan territory
from foreign forces, no procedure of revision can be begun or continued.
Art. 95. The republican form of government cannot constitute the object of
a proposal of revision.
Title XII. Transitory dispositions
Art. 96. The office of presidency of the Constituent National Assembly is entrusted
to assure the continuity of the national representation until the first reunion
of the deputies of the new National Assembly.
Art. 97. In case of exceptional circumstances, the deputies of the Constituent
National Assembly will be able, until the date anticipated in the preceding article,
to be summoned from the office of presidency of the Assembly, either of his initiative,
either on question of the Government.
Art. 98. The National Assembly will be summoned by full law on third Thursdays
following to the general elections.
The Council of the Republic will be summoned on third Tuesdays following to its
election. The present Constitution will go into effect beginning from such dates.
Until the reunion of the Council of the Republic, the organization of the public
powers will be disciplined by the law November 2nd 1945, having the National Assembly
the attributions conferred by such law to the Constituent National Assembly.
Art. 99. The provisional Government constituted in virtue of article 98 will
resign its office to the President of the Republic at the moment of his election
from the Parliament, in the ways foreseen by article 29.
Art. 100. The office of presidency of the Constituent National Assembly has
the assignment to prepare the reunion of the assemblies founded by the present
Constitution and, in particular way, to assure them before the reunions of their
respective Offices of presidency, the places and the administrative means necessary
for their functions.
Art. 101. In the one year maximum term from the reunion of the National Assembly,
the Council of the Republic cannot deliberate validly as soon as two third of
its members are proclaimed elected.
Art. 102. The first Council of the Republic will be integrally renewed in the
following year to the renewal of the town Councils that will take place within
one year from the promulgation of the Constitution .
Art. 103. Until the organization of the economic Council and in the three-month
maximum term from the convocation of the National Assembly, it will wait to apply
art. 25 of the present Constitution.
Art. 104. Until the convocation of the Assembly of the French union, and within
the one-year maximum term from the convocation of the National meeting, it will
wait to apply the artts. 71 and 72 of the present Constitution.
Art. 105. Until the promulgation of the laws foreseen by art. 89 of the present
Constitution and under reserve of the dispositions related to the statute of some
Departments and Territories of overseas. the Departments and Communes of the French
Republic will be administered according to the texts in force saving the paragraphs
2 and 3 of art. 97 of the law April 5th 1884, for the application of which the
police of the State will be set to disposition of the Mayor.
Nevertheless the actions completed by the Prefect, in his quality of representative
of the Department, will be from him performed under the permanent control of the
President of the departmental Assembly.
The dispositions of the preceding paragraph are not applied to the Department
of the Seine.
Art. 106. The present Constitution will be promulgated by the President of
the provisional Government of the Republic within the two following days to the
date of the proclamation of the results of the referendum and in the following
form:
The Constituent National Assembly has adopted, French people has approved,
The President of the provisional Government of the Republic promulgates
the Constitution in the following way.
The present Constitution, deliberate and adopted by the Constituent National
Assembly approved by the French people, will be executed as law of the State.
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