Succession and Incapacity
Upon the death or resignation of the President, the President of the Senate acts as interim president. Alain Poher is the only person to have served in this temporary position. The first time was in 1969 after Charles de Gaulle's resignation and a second time in 1974 after Georges Pompidou's death. It is important to note that, in this situation, the President of the Senate became an Interim President of the Republic; they do not become the new President of the Republic as elected and therefore do not have to resign from their position as President of the Senate. In spite of his title as Interim President of the Republic, Poher is regarded in France as a former President and is listed in the presidents' gallery on elysee.fr (the President's official site). This is in contrast to acting presidents from the Third Republic.
The first round of a new presidential election must be organized no sooner than twenty days and no later than thirty-five days following the vacancy of the presidency. Because fifteen days can separate the first and second rounds of a presidential election, this means that the President of the Senate can only act as President of the Republic for a maximum period of fifty days. During this period of Interim president is not allowed to dismiss the national assembly nor are they allowed to call for a referendum or initiate any constitutional changes.
If there is no acting president of the senate, the powers of the president of the republic are exercised by the "Gouvernement", meaning the Cabinet. This has been interpreted by some constitutional academics as meaning first the Prime Minister and, if he is himself not able to act, the members of the cabinet in the order of the list of the decree that nominated them. This is in fact unlikely to happen, because if the president of the Senate is not able to act, the Senate will normally name a new president of the Senate, that will act as President of the Republic.
During the Third French Republic the President of the Council of Ministers acted as President whenever office was vacant.
According to article 7 of the Constitution, if the presidency becomes vacant for any reason, or if the president becomes incapacitated, upon the request of the gouvernement, the Constitutional Council may rule, by a majority vote, that the presidency is to be temporarily assumed by the President of the Senate. If the Council rules that the incapacity is permanent, the same procedure as for the resignation is applied, as described above.
If the President cannot attend meetings, including meetings of the Council of Ministers, he can ask the Prime Minister to attend in his stead (Constitution, article 21). This clause has been applied by presidents travelling abroad, ill, or undergoing surgery.
Read more about this topic: President Of France
Famous quotes containing the words succession and/or incapacity:
“the negro Babo took by succession each Spaniard forward, and asked him whose skeleton that was, and whether, from its whiteness, he should not think it a white’s.”
—Herman Melville (1819–1891)
“It wounds a man less to confess that he has failed in any pursuit through idleness, neglect, the love of pleasure, etc., etc., which are his own faults, than through incapacity and unfitness, which are the faults of his nature.”
—William Lamb Melbourne, 2nd Viscount (1779–1848)