Issues in relation to which referendums are mandatory at the national level

CONSTITUTION OFFRANCE

(Adopted1958; last amended 2008)

http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank_mm/anglais/constiution_anglais_oct2009.pdf

ARTICLE 88-5. (Mandatory referendum)

Any Government Bill authorizing the ratification of atreaty pertaining to the accession of a state to the European Union and to theEuropean Communities shall be submitted to referendum by the President of theRepublic.

Notwithstandingthe foregoing, by passing a motion adopted in identical terms in each House bya three-fifths majority, Parliament may authorize the passing of the Billaccording to the procedure provided for in paragraph three of article 89.

ARTICLE 89. (Mandatory referendum)

The President of the Republic, on the recommendationof the Prime Minister, and Members of Parliament alike shall have the right toinitiate amendments to the Constitution.

A Government or a Private Member’s Bill to amend theConstitution must be considered within the time limits set down in the thirdparagraph of article 42 and be passed by the two Houses in identical terms. The amendment shall take effectafter approval by referendum.

However, a Government Bill to amend theConstitution shall not be submitted to referendum where the President of theRepublic decides to submit it to Parliament convened in Congress; theGovernment Bill to amend the Constitution shall then be approved only if it ispassed by a three-fifths majority of the votes cast. The Bureau of the Congressshall be that of the National Assembly.

Referendumson amendments to the Constitution in accordance to Article 89 are mandatoryunless the President decides to submit it to parliament convened in congress and parliament approves it by a 3/5 majority.

Referendums on ratification of a treaty in accordance to Article 88.5 are mandatory unless the motion is passed by a 3/5 majority in both houses.