Constitutional Council of France - Membership

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, 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. Votes are by majority of the present members; the president of the Council has a casting vote in case of an equal split. For decisions about the incapacity of the President of the Republic, a majority of the members of the council is needed.

As of 2012, the current members are:

• 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;
• Nicolas Sarkozy, 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.

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.

René Coty, Vincent Auriol, Valéry Giscard d'Estaing, Jacques Chirac, and Nicolas Sarkozy are the only former presidents to have sat in the Council.