IV. FRANCE

both houses were created by law.19 Each house has a permanent budget committee (Commission des finances) that scrutinises the annual draft budget law. The LOLF has strengthened the role and powers of these committees, especially their access to documents and powers to request and conduct hearings (Art. 57). The regulations of each house lay out the co-ordination mechanisms between various parliamentary committees, as well as the co-ordination arrangements between the National Assembly and the Senate.

3.1.6. Establishment and roles of other constitutional bodies20

The Constitution affirms an independent judiciary and creates a Constitutional Council. Organic laws and parliamentary regulations must be examined by the Constitutional Council before promulgation, to ensure their consistency with the Constitution. Concerning the 2001 LOLF, parts of two articles were declared unconstitutional by the Constitutional Council and, on the basis of Article 62 of the Constitution, were deleted. The Constitutional Council may also ensure that annual budget laws are consistent with the Constitution and the LOLF. For example, the Constitutional Council draws attention to any non-respect of constitutional provisions for the number of days for parliamentary discussion of the annual budget.

The Constitution also refers to a high-level administrative court – the Council of State (Conseil d’État) – which plays an important role in the creation of laws and decrees. Under the Constitution (Art. 39), the Council of State is required to comment on all draft laws, including draft budget laws, before they are examined by the Council of Ministers. The Constitution also creates an Economic and Social Council (Conseil économique et social, CES), whose functions are governed by Organic Law No. 58-1360. The Council provides opinions on draft laws. However, mainly owing to the exclusion of budget laws from its advisory functions (Article 2 of the 1958 organic law relating to the CES), the CES does not have an influence on annual budgets.

3.2. Role and responsibilities of sub-national governments

Local governments, like the State, are legal entities governed by public law. A detailed legal framework defines and governs all three tiers of local governments which consist of 26 regions, 100 departments21 and 36 763 municipalities (communes). The constitutional provisions for local governments were substantially revised in 200322 with extensive elaboration of provisions pertaining to territorial administrations outside metropolitan France. Local governments’ councils may pass their own decrees; but only central government can adopt laws. In territorial units of the Republic, a representative of the State ensures that national interests, administrative control, and the rule of law are respected (Constitution, Art. 72).