Le Sénat de la Vème République - Les cinquante ans d'une assemblée bicentenaire
Sénat - 3 juin 2009
RÉSUMÉ EN ANGLAIS DES INTERVENTIONS ( ABSTRACT)
On June the 3rd of 2009 the French Senate organized a conference about « the bicentenary of a fifty-year old assembly », under the patronage of M. Gérard Larcher, the President of the Senate. This conference was the occasion to put into perspective the evolution of the Senate over the past two hundred years, but also to draw a parallel with bicamerism in Europe. It also dealt with the change to the Constitution adopted in 2008, thanks to various speakers, Senators or Professors.
« Le bicamerisme en débats » , by Mme Karen Fiorentino, lecturer at the University of Bourgogne
The Constituante decided in 1789 to reject the idea of a second assembly that would share the power with the Assemblée Nationale. Far from being easy, this decision implied a vast number of actors, from the « true revolutionaries », who deemed that an upper chamber would have no real legitimacy, to the aristocrats that secretly hoped the new Republic would fail and the King would return.
« La Chambre des Pairs et l'apparition du parlementarisme français » , by M. Marc Pena, Professor and President of the University Paul Cézanne (Aix Marseille III)
The upper chamber, the « Chambre des Pairs » was finally called for in 1814, as a result of the growing influence of the English model of bicamerism. This period is the beginning of the French parliamentary government, as the return of Louis XVIII is a compromise between the King and the Nation, through the « Charte constitutionnelle » of 1814.
« Le Sénat : Quel bilan entre « l'âge d'or » et l'entre-deux-guerres ? » , by M. Jean Garrigues, Professor at the University of Orléans and President of the Parliamentary and Political history society
In 1875 the Senate was conceived as a conservative counterweight to the Chambre des Députés. Nevertheless, it became until 1940 a stumbling-block of the third République, using its power far from the cliché of a «paralyzing chamber» to enforce individual rights and, generally speaking, to promote a liberal vision of the society.
« Le défi politique : les gauches et la deuxième chambre » by M. Vincent Boyer, from the University of Toulouse I
The opposition of the left wing parties to the upper chamber evolved after 1945: if the principle of bicamerism is generally accepted, especially by the moderate for its technical abilities to improve bills, the system of election for the Senate is constantly criticised by the left wing. This opposition crosses the period and can still be seen nowadays.
« Le défi sociologique des femmes: les femmes au Sénat » , by Mme Sabrina Tricaud, from the Georges Pompidou Association
Before the second world war the Senate was oppposed to the women suffrage, voting against it six times. In 1946, 21 women became Senators. The feminization of the upper chamber was a slow conquest, which was the translation of the general attitude of political parties toward women.
« Grand Témoin », by Mme Michèle André, former Secretary of State, Presidente of the equality of rights between men and women Committee, Senator of Puy-de-Dôme
Mme Michèle André deals with her experience as a female Senator. She underlines the difficulties of the task in an assembly that showed a strong opposition to the suffrage of women between the two wars. She relates the history of the «bill of parity», that imposes a proportional ballot designed to facilitate the election of woman. Her conclusion is that the situation improved, but significant efforts should still be made on the path to equality.
« Le défi institutionnel : du Conseil de la République à la réforme Balladur », by M. Paul Smith, Professor at the University of Nottingham
The history of the Senate since 1958 has shown that its legitimacy, not to say its existence, is always to be reassured, by opposition with the Assemblée Nationale. The importance of the upper chamber is written in the Constitution, and the Senate has always managed to justify its role. The reform of local governments will be a decisive moment for the institution, as the subject is at the very heart of the vocation of the Senate.
« L'Europe du bicamérisme », by M. Patrice Gélard, Vice-President of the Legislation Committe
M. Patrice Gélard outlines the role of second chambers in Europe, drawing the «Europe of bicarism». He draws a parallel between different countries, with regard to their size or their history, and comes to the conclusion that an upper chamber, to be legitimate and useful, must not be the copy of the lower chamber, but has to bear other values, far from the pressure of public opinion.
« Le Sénat et les collectivités territoriales », by M. Jean-Pierre Duprat, Professor at the University of Bordeaux (Montesquieu-Bordeaux IV)
The Senate represents the local bodies (counties, districts and states). The legitimacy of the Senate is therefore to represent another reality than the Assemblée Nationale. This vocation is written in the Constitution, and was constantly claimed by the Senate, that built a real technical ability to deal with the legislation of local bodies.
« L'activité législative et de contrôle du Sénat » , by M. Richard Ghévontian, Vice-President of the University Paul Cézanne (Aix-Marseille III)
The Senate has two functions given by the Constitution : on the one hand, it votes the law stemming from government or parliamentary initiative . During the legislative process all bills introduced in the Senate are examined by one of the 6 standing committees before being tabled on the Senate floor . On the other hand, the Senate is not empowered to make the government resign. But, in all other respects, the powers of the Senators are identical to those of their counterparts in the Assemblée Nationale in supervising the government. This is one of the key roles of Parliament.
« Le Sénat et le Conseil constitutionnel » , by M. Xavier Philippe, Professor at the University of Aix-Marseille, Director of the Louis Favoreu Institute
The Senate and the Conseil constitutionnel, (the Constitutionnal Council) interact in three different ways: first of all, the President of the Senate appoints three of the nine members of the Council. Secondly, the President of the Senate or 60 Senators (until the reform of 2008) have the ability to refer a bill to the Council when doubts exist about its compatibility with the Constitution. Last of all, the Senate is entitled to have its say when the Constitution is changed. The Senate and the Council have learned to work together since 1958, after a difficult onset.
« Rapport introductif : l'impact de la révision de juillet 2008 sur le rôle et la place du Sénat », M. Jean-Jacques Hyest, President of the Législation Committee, M. Bernard Frimat, Vice-President of the Senate.
Important changes to the Constitution occurred in 2008. They aimed at strengthening the power of the Parliament, by giving it the power to control nominations at the highest position in the State or by giving the Presidents' conference the mastery on the order of the day. Furthermore, amendments adopted by Committees are integrated into the bill. If the government wants to override the vote of the Committee, they have to convince the chamber. This reform is still in its early stages, and Senators just like the Government have to adapt.
Debate , with Nicole Borvo Cohen-Seat, President of the Communist and other radicals group, Mme Catherine Dumas, Senator of Paris, Mme Samia Ghali, Senator of les Bouches-du-Rhône, M. Jean-Pierre Chevènement, Former Secretary of State, Vice President of the foreign affairs Committee, M. Michel Mercier, President of the moderate group and M. Hugues Portelli, Senator of Val d'Oise.
This large debate gathered Senators with different political point of views about the change to the Constitution and its influence on their work.