[Edit] Controversies
In 1995, Roland Dumas was appointed president of the Council by François Mitterrand. Roland Dumas attracted major controversy twice. First, he appeared in scandals regarding the Elf Aquitaine oil company, with many details regarding his mistress and his expensive tastes in clothing appearing in the press.[30] Then, the Council put forth some highly controversial opinions in a decision related to the International Criminal Court, in Decision 98–408 DC, declaring that the sitting President of the Republic could be tried criminally only by the High Court of Justice, a special court organized by Parliament and originally meant for cases of high treason. This, in essence, ensured that Jacques Chirac would not face criminal charges until he left office. This controversial decision is now moot since the rules of responsibility of the President of the Republic were redefined by the French constitutional law of 23 July 2008. [31] In 1999, because of the Elf scandal, Roland Dumas put himself on leave from the Council and Yves Guéna assumed the interim presidency.[32]
In 2005, the Council attracted some limited controversy when Valéry Giscard d'Estaing and Simone Veil campaigned for the proposed European Constitution, which was submitted to the French voters in a referendum. Simone Veil had done so after obtaining a leave of absence from the Council, which was criticized by some, including Jean-Louis Debré, president of the National Assembly, as a dubious procedure – to follow their reasoning, what is the use of prohibiting appointed members of the council from conducting partisan politics if they can put themselves on leave for the duration of the campaign? She defended herself by pointing out to precedent and famously remarked "How is that his business? He has no lesson to teach me." about Debré.[33]
[Edit] Membership
In addition to the former presidents of the Republic, the Council is made up of nine members who serve non-renewable terms of nine years, one third of whom are appointed every three years; three members each are appointed by the president of the Republic, the president of the National Assembly, and the president of the Senate,[34] and former presidents of the Republic who have chosen to sit in the council (which they may not do if they become directly involved in politics). The president of the Council is selected by the president of the Republic.
Following from the 2008 constitutional revision, appointments to the Council will be subject to a Parliamentary approval process (Constitution, articles 13 and 56). As of August 2009, these provisions are not operational yet since the relevant procedures have not yet been set in law.
A quorum of 7 members is imposed unless exceptional circumstances are noted.[35] Votes are by majority of the present members; the president of the Council has a casting vote in case of an equal split.[36] For decisions about the incapacity of the President of the Republic, a majority of the members of the council is needed.[37]
As of 2010, the current members are:[38]
Jean-Louis Debré, president of the Council, appointed president of the Council by President of the Republic Jacques Chirac on 23 February 2007;
Pierre Steinmetz, appointed by the president of the Republic in February 2004;
Jacqueline de Guillenchmidt, appointed by the president of the Senate in February 2004;
Renaud Denoix de Saint Marc, appointed by the president of the Senate in February 2007;
Guy Canivet, appointed by the president of the National Assembly in February 2007;
Michel Charasse, appointed by the president of the Republic in March 2010;
Hubert Haenel, appointed by the president of the Senate in March 2010;
Jacques Barrot, appointed by the president of the National Assembly in March 2010;
Claire Bazy-Malaurie, appointed by the president of the Republic in August 2010;
Valéry Giscard d'Estaing, former president of the Republic;
Jacques Chirac, former president of the Republic.
The members of the Council, except for former presidents of the Republic, are sworn in by the president of the Republic.[34]
The members of the Council should abstain from partisanship. They should refrain from making declarations that could lead them to be suspected of partisanship. The possibility for former presidents to sit in the Council is a topic of moderate controversy; some see it as incompatible with the absence of partisanship.[34]
René Coty, Vincent Auriol, Valéry Giscard d'Estaing and Jacques Chirac are the only former presidents to have sat in the Council.[citation needed]
A republican guard giving directions to visitors at the front entrance of the Constitutional Council
The Council sits in the Palais Royal in Paris,[39] near the Conseil d'État.