Peculiarities of legal consolidation of constitutional and legal responsibility in France

Abstract

The article examines the peculiarities of the formation, development and legal consolidation of the institution of constitutional and legal responsibility in France. We are talking about both positive (prospective) and negative (retrospective) responsibility of the state-legal institutions of France.
In the opinion of the author, the positive constitutional and legal responsibility of the President of France is reduced to the broad scope of his powers as the head of state and as the main coordinator of the executive power, namely: 1) personnel formation of the executive power; 2) in cooperation with the parliament; 3) in the sphere of functioning of institutions of direct democracy; 4) in the field of international relations – accredits ambassadors and extraordinary envoys in foreign countries; 5) in the field of defence and emergency situations.
Particular attention is paid to the positive constitutional and legal responsibility of the French government (Council of Ministers), which, in our opinion, is narrower than the responsibility of the President of France. The government determines and implements the nation’s policy, disposes of the administration and the armed forces. Within the framework of the responsibility of the French government, the positive constitutional and legal responsibility of the Prime Minister is defined.
The author also defined the limits of positive constitutional and legal responsibility of the parliament in the form of legislative powers and legislative activity. It boils down to the following areas: 1) positive constitutional and legal responsibility for legislative powers of a private law nature; 2) positive constitutional-legal responsibility for legislative powers of a public-law nature; 3) positive constitutional and legal responsibility for legislative powers in the field of finance; 4) positive constitutional and legal responsibility for extraordinary powers.
Negative constitutional and legal responsibility is also analyzed. According to Art. 8 of the Constitution of France, the President terminates the functions of the Prime Minister and decides on the resignation of the government. At the proposal of the Prime Minister, the President of France appoints other members of the government and terminates the performance of their functions. In Art. 20 of the French Constitution also provides that the government is responsible to the Parliament in accordance with the specified conditions and procedures.