Senate Sénat | |
|---|---|
| 21st Senate of theFifth Republic | |
 | |
| Type | |
| Type | of theFrench Parliament |
| History | |
| Founded | 4 October 1958; 67 years ago (1958-10-04) |
| Preceded by | Council of the Republic (Fourth Republic) |
New session started | 2 October 2023; 2 years ago (2023-10-02) |
| Leadership | |
| Structure | |
| Seats | 348 |
.svg) | |
Political groups | |
Length of term | 6 years |
| Elections | |
| Indirect election | |
First election | 26 April 1959 (1959-04-26) |
Last election | 24 September 2023 (2023-09-24) |
Next election | September 2026 |
| Meeting place | |
.jpg) | |
| Salle des Séances Luxembourg Palace Paris,French Republic | |
| Website | |
www | |
| Constitution | |
| Constitution of 4 October 1958 | |
| Rules | |
| Standing Orders of the Senate (English) | |
48°50′54″N2°20′14″E / 48.84833°N 2.33722°E /48.84833; 2.33722TheSenate (French:Sénat,[sena]ⓘ) is theupper house of theFrench Parliament, with thelower house being theNational Assembly, the two houses constituting thelegislature ofFrance. It is made up of 348 senators (sénateurs andsénatrices)[a] elected by part of the country'slocal councillors inindirect elections. Senators have six-year terms, with half of the seats up for election every three years. They represent France'sdepartments (328),[b]overseas collectivities (8)[c] andcitizens abroad (12).[d]
Senators'mode of election varies upon their constituency's population size: in the less populated constituencies (one or two seats), they are elected individually, whereas in more populated ones (three seats or more), they are elected on lists. It is common for senators to holddual mandates, such as in aregional council ordepartmental council.
The Senate enjoys less prominence than the National Assembly, which is elected ondirect universal ballot and upon the majority of which theGovernment relies: in case of disagreement, the Assembly can in many cases have the last word, although the Senate keeps a role in some key procedures, such asconstitutional amendments. However, following the2024 snap legislative election and the ensuing political fragmentation in the Assembly, the newly-outedBarnier government held a working majority in the Senate but not in the Assembly, a first under theFifth Republic,[1] marking "a form of strengthening of the Senate".[2]
Bicameralism was first introduced in France amid theFrench Revolution in1795; as in many countries, it assigned the upper chamber with the role of moderating the lower, although for a long time as an ally of theexecutive. The present selection mode of the Senate dates back to the start of theThird Republic, when it was turned into whatLéon Gambetta famously called a "grand council of thecommunes of France". Over time, it developed a sense of independence as a "guardian of the institutions" and "guardian of liberties", favoured by the fact that senators are on average older thandeputies in the Assembly, joining the Senate in the later part of their career. Debates in the Senate tend to be less tense and generally receive less media coverage. As a result of its election relying on what is often summed up as rural mayors, it has had a right-wing majority since 1958, with only a three-year exception in 2011–2014.
ThePresident of the Senate is to step in as actingPresident of France in case of an incapacitation or a vacancy, which last happened in 1974. The officeholder also appoints three members of theConstitutional Council. Since 2014,Gérard Larcher has been President of the Senate.
The Senate is housed inside theLuxembourg Palace in the6th arrondissement of Paris. Like the National Assembly, it is guarded byRepublican Guards. In front of the building lies the Senate's garden, theJardin du Luxembourg, open to the public.
France's first experience with an upper house was under theDirectory from 1795 to 1799, when theCouncil of Ancients was the upper chamber. There were Senates in both theFirst andSecond Empires (the former being known as theSénat conservateur, the latter as the French Senate), but these were only nominally legislative bodies – technically they were not legislative, but rather advisory bodies on the model of theRoman Senate.
With theRestoration in 1814, a newChamber of Peers was created, on the model of the BritishHouse of Lords.[3] At first it contained hereditary peers, but following theJuly Revolution of 1830, it became a body whose members were appointed for life. TheSecond Republic returned to aunicameral system after 1848, but soon after the establishment of the Second Empire in 1852, a Senate was established as the upper chamber.[4] In theFourth Republic, the Senate was replaced by theCouncil of the Republic, but its function was largely the same. With the new Constitution of theFifth Republic which came into force on 4 October 1958, the older name of Senate was restored.
In2011, theSocialist Party won control of the Senate for the first time since the foundation of the Fifth Republic.[5] In2014, the centre-rightGaullists and their allies won back the control of the Senate; they retained their majority in2017.
Under theConstitution of France, the Senate has nearly the same powers as theNational Assembly.Bills may be submitted by the government (projets de loi) or by either house of Parliament (propositions de loi). Because both houses may amend the bill, it may take several readings to reach an agreement between the National Assembly and the Senate. When the Senate and the National Assembly cannot agree on a bill, the administration can decide, after a procedure calledcommission mixte paritaire, to give the final decision to the National Assembly, whose majority is normally on the government's side, but as regarding the constitutional laws the administration must have the Senate's agreement. This does not happen frequently; usually the two houses eventually agree on the bill, or the administration decides to withdraw it. This power however gives the National Assembly a prominent role in the law-making process, especially since the administration is necessarily of the same side as the Assembly, for the Assembly can dismiss the administration through a motion of censure.
The power to pass a vote of censure, or vote of no confidence, is limited. As was the case in the Fourth Republic's constitution, new cabinets do not have to receive a vote of confidence. Also, a vote of censure can occur only after 10 per cent of the members sign a petition; if rejected, those members that signed cannot sign another petition until that session of Parliament has ended. If the petition gets the required support, a vote of censure must gain an absolute majority of all members, not just those voting. If the Assembly and the Senate have politically distinct majorities, the Assembly will in most cases prevail; open conflict between the two houses is uncommon.
As per article 24 of the Constitution, the Senate is the representative of the territories and defends the local elected officials. The Senate also serves to monitor the administration's actions by publishing many reports each year on various topics.
Until September 2004, the Senate had 321 members, each elected to serve for a nine-year term. In that month, the term was reduced to six years, while – to reflect a growth in the country's population – the number of senators was set to increase progressively, to reach 348 by 2011.[6] Senators had been elected in thirds every three years; this was also changed to one half of their number every three years.[7]
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The president of the Senate is elected by senators from among their members. The current incumbent isGérard Larcher. The President of the Senate is, under the Constitution of the Fifth Republic, first in the line of succession—in case of death, resignation or removal from office (only for health reasons)—to thepresidency of the French Republic, becoming Acting President of the Republic until a new election can be held. This happened twice forAlain Poher—once at the resignation ofCharles de Gaulle and once at the death ofGeorges Pompidou.
The President of the Senate also has the right to designate three of the nine members of theConstitutional Council, serving for nine years.
Senators areelected indirectly by approximately 150,000 officials, known as thegrands électeurs, including regional councillors, department councillors, mayors, municipal councillors in large communes, as well as members of the National Assembly. However, 90% of the electors are delegates appointed by councillors. This system introduces a bias in the composition of the Senate favoring rural areas. As a consequence, while the political majority changes frequently in the National Assembly, the Senate has remained politically right, with one brief exception (2011–2014), since the foundation of theFifth Republic, much to the displeasure of theSocialists.[8]
This has spurred controversy, especially after the2008 election[9] in which the Socialist Party, despite controlling all but two of France'sregions, a majority ofdepartments, as well ascommunes representing more than 50% of the population, still failed to achieve a majority in the Senate. The Senate has also been accused of being a "refuge" for politicians that have lost their seats in theNational Assembly. The left, led by the Socialist Party, gained control of the Senate for the first time since 1958 during the2011 election, leading to the election ofJean-Pierre Bel at its presidency. This proved a short-lived win, as the right, led by theUnion for a Popular Movement, regained the Senate three years later.
| Parliamentary group | Members | Associated | Attached | Total | President | ||
|---|---|---|---|---|---|---|---|
| REP | Senate Republicans | 99 | 20 | 13 | 132 | Bruno Retailleau | |
| SER | Socialist | 64 | 0 | 0 | 64 | Patrick Kanner | |
| UC | Centrist Union | 50 | 4 | 2 | 56 | Hervé Marseille | |
| RDPI | Rally of Democrats, Progressive and Independent | 20 | 2 | 0 | 22 | François Patriat | |
| CRCE-K | Communist, Republican, Citizen and Ecologist | 18 | 0 | 0 | 18 | Cécile Cukierman | |
| LIRT | The Independents – Republic and Territories | 18 | 0 | 0 | 18 | Claude Malhuret | |
| GEST | Ecologist | 16 | 0 | 0 | 16 | Guillaume Gontard | |
| RDSE | European Democratic and Social Rally | 16 | 0 | 0 | 15 | Maryse Carrère | |
| RASNAG | Administrative meeting of senators not appearing on the list of any group | 5 | – | – | 5 | Christopher Szczurek (delegate) | |
| Vacant seat | 1 | ||||||
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As an indirectly elected house, the Senate is often criticised by political parties such asLa France Insoumise on the left and theNational Rally on the right as not being sufficiently popularly representative.[11] Although both La France Insoumise and the National Rally enjoy significant representation in the National Assembly, they are far less represented in the Senate, as they do not have a large number of local councillors affiliated with them, who in turn elect the senators.
The left has historically opposed the very existence of a second chamber, while the right has defended it; controversies over the Senate's role are revived from time to time. The common phrase "a senator's pace" (un train de sénateur) mocks the upper house's perceived slow rhythm and readiness to let new legislation die.
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