POLITICS AND GOVERNMENT The Government and Politics of France PDF
POLITICS AND GOVERNMENT The Government and Politics of France PDF
POLITICS AND GOVERNMENT The Government and Politics of France PDF
This fifth edition of The Government and Politics of France offers a fully revised,
updated and comprehensive view of the contemporary French political scene based on
the work of the leading specialist on France of his generation. It covers such events as
the dramatic presidential election of 2002 and includes a major new chapter on France
and European integration, culminating in the historic rejection of the European consti-
tutional treaty by French voters in May 2005.
Although particular attention is paid to the most recent period, the book covers the
whole of the Fifth Republic in depth, from its heroic beginnings under de Gaulle to the
period of reverses and defeats sustained by successive governments under the Mitter-
rand and Chirac presidencies. The contemporary period is placed firmly in the context
of those long-standing political traditions which have maintained their power to shape
French political behaviour to this day.
The long view supplied in this book allows a unique understanding of how the
dynamic, confident economic and political power of the early de Gaulle years has
become the more hesitant and troubled nation of the early twenty-first century – and of
the points of continuity that underlie this development.
The Government and Politics of France is the authoritative guide to French politics
and is essential for undergraduates and postgraduates with interests in French politics,
European studies and political science.
Andrew Knapp is Professor of French Politics and Contemporary History at the Uni-
versity of Reading. He is author of Parties and the Party System in France (2004), Le
Gaullisme après de Gaulle (1996), and, with Yves Mény, Government and Politics in
Western Europe (third edition, 1998).
The late Vincent Wright was Official Fellow of Nuffield College, Oxford, and one of
the world’s leading specialists on French and European Government.
The Government and Politics
of France
Fifth edition
15 Conclusion 487
Slow growth, unemployment, public spending 489
The politics of constraint 491
xiv Contents
A weak régime? 493
Further reading 500
Appendices
1 Chronological table: main events from the Revolution to the collapse
of the Fourth Republic 501
2 Chronological table: main events from the foundation of the Fifth
Republic until 2005 503
3 Voting behaviour, presidential election, first ballot, 2002 514
4 Voting behaviour, legislative elections, second ballot, 2002 516
5 Voting behaviour in two referendums on Europe, 1992 and 2005 517
6 Abbreviations for French parties 518
7 Other abbreviations 520
Index 522
Figures and maps
Figures
2.1 The heart of the Fifth Republic Constitution 57
2.2 The Fifth French Republic, 1958–2005: a chronological framework 58
7.1 Votes for the Communist Party, 1956–2004 178
7.2 Votes for Socialist parties, 1956–2004 200
7.3 Votes for the far Left, 1962–2004 203
7.4 Votes for ecology movements, 1974–2004 208
8.1 Votes for Gaullist parties, 1958–2004 219
8.2 Votes for the non-Gaullist moderate Right, 1958–2004 230
8.3 Votes for the extreme Right, 1958–2004 240
9.1 The party system of the Fourth Republic: a simplified view 253
Maps
9.1 Presidential elections, 1974: Giscard d’Estaing, second ballot 269
9.2 Presidential elections, 1995: Chirac, second ballot 270
12.1 France: départements and regions 353
Tables
Much of the new material in this edition is framed by two polling days: 21 April 2002,
when France’s voters surprised themselves and the world by putting a candidate of the
extreme Right into the second ballot of a presidential election, and 29 May 2005, when
they rejected the constitutional treaty signed by twenty-five European leaders the previ-
ous year. The former is incorporated chiefly into the chapters on party politics, the
latter into an entirely new chapter (Chapter 14) on France and Europe which I had
already decided to add to the text, and drafts of which David Goldey and Wilfrid
Knapp were again kind enough to read. All other chapters have been revised and
updated to varying degrees.
France in 2005 was prey to a bout of (not wholly unfounded) pessimism about its
own long-term future, and this will doubtless appear in some of the following pages.
But it has not stopped being one of Europe’s most enjoyable countries to study; it is to
be hoped that the rest of the book reflects this too, as Vincent Wright’s earlier editions
did so well.
Andrew Knapp
Reading, July 2005
Preface to the fourth edition
‘You’ll be doing all the work, so don’t bother to put my name on the cover. This is the
last wish of a dying man – the ultimate form of blackmail!’ Thus the injunction
delivered, with a rather unsettling laugh, by Vincent Wright as we discussed the revision
of his book a few weeks before his death from cancer in July 1999. There was never any
chance that I would follow it. This is still, to a great extent, his book. The overall
structure is largely his. He wrote significant parts of the first and last chapters, which
are new. The other chapters build on the structures and the material of earlier editions.
My task of revision was a constant dialogue with a great scholar who left us far too
soon and whose work deserves to stand for a very long time.
Yet the revisions, which we planned and I implemented, have been on a large scale.
Events determined this. When the third edition was prepared, ‘cohabitation’ between a
president and a prime minister of opposed political camps could still appear as a
temporary interruption to a normal pattern of presidential power. The rise of the Front
National was still a recent event. Decentralisation had barely taken root. While the
economic U-turn of March 1983 had demonstrated the limits to France’s economic
independence, the manner in which the effects of globalisation and Europeanisation
would be diffused through the whole political system, from the executive to interest
groups, from parties to regions, from parliament to the administration, was still largely
unforeseen. The transformation of relations within the executive necessitated a major
restructuring of the relevant chapters, for the prime minister can no longer be treated,
as was still possible in the third edition, as the ‘other executive’, normally a secondary
player next to the president. The roles of France’s two executives are so closely inter-
linked, and in such complex ways, that it seems appropriate to discuss the two in
parallel throughout. A similarly large restructuring has transformed Chapter 9, where
the interplay between the tendencies to bipolarity and fragmentation within France’s
party system has been given a more synthetic treatment than would have been possible
in the former framework.
Chapter 13, on the rise of judicial power in France, is a particular case. Though new
to this book, it appeared in an earlier version, written entirely by Vincent Wright and
entitled ‘The Fifth Republic: from the Droit de l’État to the État de Droit?’, in West
European Politics, volume 22, no. 4, October 1999, pp. 92–119. This special issue of
West European Politics, including the same article, also appeared in book form as
Robert Elgie (ed.), The Changing French Political System (London, Frank Cass, 2000).
Chapter 13 has been revised by me, but contains much material from the earlier article,
which is included by the kind permission of Frank Cass Publishers.
Robert Lane Greene gave valuable assistance with bibliographical research. David
Preface to the fourth edition xix
Goldey and Wilfrid Knapp read substantial parts of the draft and made invaluable
suggestions for improvement, for which my heartfelt thanks. The responsibility for
errors lies, of course, with me; they are practically certain to have crept in since the third
edition.
Sara and Viveca Knapp, finally, allowed me to shut myself away on the second
floor more frequently than they, or I, would have preferred, over two long Auvergnat
summers; and sustained me, in an infinite number of ways, when I came downstairs.
Andrew Knapp
Reading, October 2000
1 French political traditions in a
changing context
A legacy of conflict 1
State traditions 14
The changing context of French political traditions 24
Political conflict and the state: transformations 31
The survival of traditions 40
Concluding remarks 46
Further reading 47
‘Our whole history’, proclaimed General Charles de Gaulle (1890–1970), leader of the
Free French during World War II, head of the Provisional Government from 1944 to
1946, founder of the Fifth Republic in 1958, and its first president from 1959 till 1969,
‘is nothing but the alternation between the immense sufferings of a dispersed people
and the fruitful grandeur of a nation rallied under the aegis of a strong state.’ Modern
French history is riven by deep and often murderous political conflict in which French-
men killed Frenchmen and régimes were toppled by protest from the street, defeat in
war, or both. These events are remembered, and referred to regularly, by contemporary
politicians. But French history has also, paradoxically, been marked by the near-
continuous presence, under successive régimes, of a strong, activist, often intrusive,
state. The traditions of political conflict and of the strong state in France are the
subjects of this chapter. It will be argued that many, though not all, of France’s trad-
itional political conflicts are now played out; that the state tradition is under threat
from transformations in the European and global economies; but that both traditions
nevertheless continue to structure the French political landscape.
A legacy of conflict
France invented the terms Left and Right early in the great Revolution of 1789–94
which first limited the powers of, and then overthrew, the Bourbon monarchy. Those
noble members of the first National Assembly who wished to limit the powers of the
monarch moved to sit with the commoners on the left of the Assembly; those who still
supported the absolutism of what was shortly to become known as the ancien régime sat
on the right, as seen from the chair of the presiding officer. The modern National
Assembly has a similar seating plan, with Communist Deputies on the far Left, Social-
ists next to them, and so on round to the racist Front National, whose very rare
Deputies have sat on the extreme Right. In the nineteenth century, Left and Right were
2 French political traditions
convenient shorthand expressions used by parliamentarians and few others. By 1900,
however, they had passed into general political discourse. And they can be seen as
useful baskets within which to place a series of political conflicts that have divided a
nation on broadly bipolar lines. The French readily recognise the expressions and use
them themselves. The terms should also, however, be treated with caution, for two
reasons. Left and Right have meant different things at different times; and there are
some political divisions, chiefly but not exclusively over France’s foreign relations,
which have never fallen neatly into a Left/Right categorisation.
Table 1.1 presents, schematically, the main issues that divided Left from Right for
some two centuries after the Revolution. The long-running ones have been threefold:
the nature of the régime, the relationship between Church and state, and the relation
between the state, the economy and society.
The régime
For most of the 170 years between the Revolution and the establishment of the Fifth
Republic in 1958, France suffered from a lack of consensus about the nature of the
Table 1.1 Left, Right, and the tradition of political division in France
The Church
The Catholic Church had been the ancien régime’s most important ideological and
institutional support. Tithes, and ecclesiastical corruption, had made it deeply
unpopular by the time of the Revolution, at least in the less devout parts of France. It is
French political traditions 5
thus not surprising that the Revolution called into question not only the Church’s
privileges, but its very existence. In the most extreme, Jacobin, phase of the Revolution,
Church property was confiscated, abbeys turned into prisons or arsenals, Christian
services replaced by Festivals of the Supreme Being, and the Christian calendar abol-
ished. The biggest domestic military challenge to the First Republic, the rebellion in the
Catholic Vendée area, was put down with extreme savagery. These events left a legacy of
enmity between Catholics and the Republic that was to last well into the twentieth
century. ‘Le cléricalisme, voilà l’ennemi!’ declaimed the Republican politician Léon
Gambetta, at the outset of his final confrontation with President MacMahon in 1877 –
his argument reinforced by Pope Pius IX’s ex cathedra condemnation of all forms of
republicanism and liberalism as incompatible with the Christian faith. Anti-clericalism
(a hostility towards the Church as an institution, though not necessarily to Christianity
itself) became as much a badge of the Left as republicanism. The form it took might be
instrumental (believing in a secular society) or picturesquely expressive (public orgies of
sausage-eating on Fridays). By the late nineteenth century the debate had centred on
two main issues: the Church’s position as the established religion of France, and its
control over the education system. One of the founding acts of the Third Republic after
its consolidation was to give France a universal system of state education – ‘free,
secular, and compulsory’. The separation of Church and state followed in 1905, after
the hostility of the Church – or of its most vocal ‘defenders’ – to the Republic had been
confirmed during the Dreyfus Affair. Thereafter, Church–state relations turned essen-
tially on the issue of public subsidies to Catholic schools, an apparently limited policy
question which nevertheless aroused fierce passions on both sides for half a century.
The Debré Law of 1959 settled the principle of subsidy, and its main mechanisms. It did
not prevent the issues of the volume of subsidies, and the degree of state control that
should go with them, from mobilising impressive street demonstrations by the partisans
of both secularism and of Catholic education, as late as 1994. Indeed, both survey data
and electoral geography show that practising Catholics still vote on the (moderate)
Right by a proportion of three or four to one – a much better correlation than that
offered by class, the other major sociological variable.
The importance of laïcité or, roughly, secularism to the identity of the French Left
cannot be overstated. At the centre of the French republican model is the belief,
fostered by eighteenth-century critics of the ancien régime, in the power of human
rationality to create a community of free and equal citizens, and to promote human
well-being through scientific progress. Crucial to both of those goals is education,
which should communicate verifiable truths rather than religious beliefs (or supersti-
tions, as true anti-clericals regarded the teachings of the Catholic Church), and should
offer the diligent individual an opportunity for upward social mobility. In short, the
republican ideal, as well as the practice of successive Republics, involved the removal of
the Church from the leading positions within the state and within the education system
to which Catholics believed it had a right. The opposition between the Church and the
French republican model allowed one party, the Radicals, to make anti-clericalism its
main stock-in-trade throughout the first half of the twentieth century. It also helped
limit the impact in France of Christian Democracy. Post-war France, like other European
countries such as Italy, Germany and Belgium, did see the emergence of a Christian
Democratic party, committed to democracy, reconciliation between the former belliger-
ent powers of Europe through the construction of European institutions, the construc-
tion of a welfare state, and industrial co-operation between workers and employers, in
6 French political traditions
the name of Christian social principles. But France’s Christian Democratic party, the
MRP (Mouvement Républicain Populaire), though electorally successful in 1945 and
1946 because it was the only party with a Resistance pedigree which was not anti-
clerical, attracted mostly conservative Catholic voters, many of whom deserted to
Gaullism or to the traditional conservative Right as soon as it was possible or respect-
able to do so. Christian Democracy in France never won the status of permanent party
of government that it enjoyed elsewhere in Europe.
• The content of Left and Right has varied over time. To be a republican was to be
unambiguously on the Left in the nineteenth century; the two became much less
closely associated in the twentieth.
• The divisions within the two families have at times been as important as the divi-
sions between them. On the Left, the Radicals tempered their love for the repub-
lican ideals of the Revolution (in which anti-clericalism was often salient) with a
cautious conservatism on most economic issues; the Socialists combined Marxist
rhetoric with reformist practice; the Communists’ claims to be the revolutionary
workers’ vanguard were long a façade for a more or less slavish obedience to
Moscow’s dictates of the moment. Political alliances between these three parties, as
occurred, for example, during the Popular Front period of the mid-1930s, were
hard to achieve, inherently unstable, and susceptible to accusations of betrayal on
all sides. The Right, too, has always included distinct currents. René Rémond
distinguishes three: a reactionary element, deeply hostile to the ideals of the 1789
Revolution; a moderate conservative grouping, committed to balanced government
and a measure of economic liberalism; and a nationalist current, standing for
strong leadership at home, with close links, through plebiscites, referendums or
direct election, between the leader and the people, and national self-assertion
abroad. To these might be added, especially during the post-war generation, the
10 French political traditions
Christian Democratic current represented by the MRP and, later, by the various
parties identified with the Centre, more liberal in politics, less laissez-faire in eco-
nomics. The Left’s mistrust of strong political leadership, it might be added, was
shared by most of the moderate Right, at least by the post-war period; while the
supposed (and, at times, real) authoritarianism of the Right was at least equalled
by the internal practice and external ambitions of the PCF.
• For many decades, the practical realities of French politics coincided hardly at all
with the bipolar vision. For much of the Third and Fourth Republics, France was
governed by coalitions of Centre-Right and Centre-Left that straddled the divide
between the two big families. Parties like the Radicals or the MRP made a virtue of
their centrist positions, claiming to offer a juste milieu between the excesses of
Soviet-style collectivism on the one hand and free-market capitalism on the other.
Many of the great survivors of twentieth-century French politics were men who
knew how to trim their policies and their alliances to circumstance: men like the
Radical Édouard Herriot (collector of ministerial offices during the Third Repub-
lic, three times prime minister between the wars, president of pre-war and post-war
National Assemblies, and mayor of Lyon from 1905 till 1957), Jacques Chaban-
Delmas (Gaullist prime minister from 1969 to 1972, and mayor of Bordeaux from
1947 to 1995), or even François Mitterrand (who first won elective office as a fierce
anti-communist in 1946, became the Fifth Republic’s first Socialist president in
1981 thanks in part to a rapprochement with the Communists, and proceeded to
ditch many of his party’s left-wing economic ideas in the face of hard economic
realities).
• Attitudes to certain fundamental political questions, including the character of the
nation, France’s role in the world, and the role of the state, largely escape categor-
isation into the families of Left and Right. These issues will be examined in the next
two sections.
Nationalisms
Nationalism was at first a left-wing ideal: against the principles of dynastic inheritance
and the divine right of kings which underlay absolute monarchy, it opposed the free-
dom of a sovereign people to choose its own government. For Jacobins, France had a
unique mission to spread the values of the Revolution, in particular those enshrined in
the Declaration of the Rights of Man, to the whole world. Perhaps the defining event
of this type of ‘civic’ nationalism was the Battle of Valmy in September 1792, when
France’s citizen army defeated the invading Prussian grenadiers – sent, in the not
altogether inaccurate popular view, by a league of European despots to destroy the
Revolution: the First Republic was proclaimed two days after the victory. A similar
nationalism was displayed by the Left in 1870, when republicanism went hand in hand
with a determination to pursue the war against Prussia even after the crushing defeat at
Sedan. The Communists, born as a pro-Soviet party opposed to all wars between
nations (though not between classes), prospered only when they captured this part of
the Jacobin legacy, first through their hostility to Nazism before 1939, and then during
the Resistance after 1941. The Jacobin conception of citizenship was a broad one: it
stressed both the rights to citizenship of all individuals born in France whatever their
parentage (a principle of nationality, the jus solis, that predated the Revolution by over
two centuries, was abandoned by the Revolutionaries themselves, but reinstated in
French political traditions 11
1889) and the duty of citizens of non-French origin to integrate into the nation, in
effect leaving their non-French origins behind them.
A more ethnic nationalism of the far Right, opposed in almost every way to the
Jacobin tradition, also took shape in France during the last fifteen years of the nine-
teenth century. Its pedigree stretches from Paul Déroulède’s Ligue des Patriotes,
founded in 1885, to Charles Maurras’s Action Française, dating from the turn of the
century, to right-wing leagues like the Croix de Feu of the 1930s, to Vichy, to the last-
ditch defenders of Algérie française in the early 1960s, to the contemporary Front
National. Resulting initially from the frustration of the Right at the consolidation of
the Third Republic, this brand of nationalism has specialised in the identification of
scapegoats to blame for France’s real or supposed ills: Protestants, Jews and Freema-
sons for Maurras, Jews and Freemasons again for Vichy, North African immigrants and
Jews for the Front National. This approach was meant to provide the popular support
that royalism and then traditional Catholicism could no longer muster from the
enemies of the Republic. Because the nationalism of the far Right has sought to separ-
ate, on more or less racial lines, the ‘true’ community of the French from the supposedly
corrupting elements within the national territory, it has been variously referred to as a
nationalisme d’exclusion, a nationalisme identitaire, or a nationalisme de repli: a national-
ism, in other words, that is far more concerned with an inward-looking attempt to
defend a supposedly true French national identity than with the more open, expansive
Jacobin tradition. Not surprisingly, the nationalism of the far Right rejects the values
of the Revolution, preferring hierarchy to equality and a muscular brand of funda-
mentalist (‘intégriste’) Catholicism to secularism. It also seeks the replacement of the
jus solis by the jus sanguinis, under which parentage rather than place of birth defines
citizenship. Initially, the nationalism of the far Right was fiercely anti-German, calling
for an early revanche for the defeat of 1870. That its only experience of government was
acquired thanks to the German Occupation of 1940–44 is one of the more piquant
ironies of French history.
The defeat of 1940, and Charles de Gaulle’s decision to call on the French to con-
tinue the struggle under his leadership, gave a new and forceful expression to a third
variety of French nationalism which had been crowded out by the extremists. In many
ways Gaullism owes more to the Jacobin tradition than to the extreme Right. Its
conception of citizenship is an inclusive one, and its preoccupation is with France’s
independence and standing in the world, and its unique contribution to human pro-
gress, rather than with a narrow conception of the national identity. But de Gaulle’s
‘certain idea of France’ transcended the values of the Revolution to take in the whole
of French history: ancien régime, Empire and Republics. And, as he stressed in the
opening pages of his War Memoirs, it was at least as much felt as reasoned. There is
more than a touch of mysticism about the images he chooses to express his love of
country: a Madonna in medieval frescos, a princess in a fairy tale, or, later, sunset on the
cathedral of Notre Dame or flags on the Arc de Triomphe – symbols more redolent of
the monarchist Right than of the republican Left.
De Gaulle liked to claim that France (and therefore de Gaulle) were beyond the
confines of Left and Right. The French did not, on the whole, agree. Voters both for de
Gaulle and for Gaullist parties have come predominantly (though never exclusively)
from the Right. In many ways this was logical. De Gaulle’s conviction that France
needed strong leadership (his own, in the first instance) placed him firmly on the Right
in the constitutional debate. A lifelong Catholic, he fully approved the Debré Law fixing
12 French political traditions
permanent subsidies for Church schools. In other ways, though, de Gaulle’s claim to
transcend has some justification. The war years placed him on the same side as the
predominantly left-wing Resistance. As head of a post-Liberation provisional govern-
ment that included Communists, he nationalised banks and basic industries (as well as
Renault) and signed the decree creating France’s social security system. That act was
perfectly consistent with a nationalism that sought to underpin France’s ambitions
abroad with political and social measures designed to appease conflicts and build
national cohesion at home. Indeed, he worried his more business-minded supporters
(not least his own prime minister and successor as president, Georges Pompidou, a
former banker) with his long-cherished ambition to ‘replace capitalism’ with some form
of ‘third way’ between the market and Soviet-style collectivism. This dream, of early
twentieth-century social Catholic inspiration, never became a project of substance. But
it illustrates the difficulty of positioning de Gaulle as a straightforward conservative.
And the Gaullist insistence on France’s independence and status in the world has taken
its place in the national diplomatic discourse, whether uttered by Gaullists, Socialists,
members of the non-Gaullist Right or even Communists.
Gaullism weakened Christian Democracy in France. On internal questions the two
had much in common, appealing notably to Catholics with a social conscience. But de
Gaulle’s intense preoccupation with strong leadership and with national independence,
his rejection of American tutelage in the world of the Cold War, and his sceptical, even
dismissive, attitude to supranational institutions, all marked him out from the Atlanti-
cist, pro-European Christian Democrats, whom he personally viewed with barely
concealed contempt.
The division between Gaullists and Christian Democrats offers one illustration of
the difficulty of placing foreign policy issues into the categories of Left and Right.
There are plenty of others.
• Jules Ferry, one of the leading statesmen of the early Third Republic, both
achieved the impeccably left-wing goal of free, secular and compulsory primary
education, and established the French protectorates in Tunisia and Indo-China.
His republican successors participated actively in the late nineteenth-century
‘scramble for Africa’, and exempted from their anti-clericalism those Catholic mis-
sionaries who furthered France’s imperial designs through their conversion of the
heathen. At the outset of the Algerian war in 1954, no major party of Right or Left
favoured independence for France’s most important, and most densely colonised,
North African territory. While groups of the far Left rapidly came to support the
independence movement, it was de Gaulle, a right-wing soldier, who finally cut the
ties between France and Algeria, as well as granting full independence to France’s
colonies in sub-Saharan Africa.
• The issue of France’s response to the rise of Nazism and Fascism in the 1930s
divided Left and Right alike. The Left found it increasingly hard to combine the
pacifist sentiments inherited from the aftermath of World War I with its opposition
to Fascism; the Right had difficulty maintaining its earlier anti-German stance in
the face of régimes that presented themselves as bulwarks against Soviet Commun-
ism. A further twist was added by the Communist Party, vigorously anti-Fascist
until the signature of the Nazi–Soviet pact in August 1939 obliged them to change
policy overnight and abstain from attacks on the Soviet Union’s new ally until
Hitler’s invasion of the Soviet Union on the night of 22 June 1941.
French political traditions 13
• De Gaulle’s wish to demonstrate French independence from the United States, and
his sympathetic view of the Franco-Russian alliance of his own formative years, led
him into an early policy of détente with the Soviet Union, much to the annoyance
of the Americans (who did the same thing themselves, but nearly a decade later). In
internal politics, this earned de Gaulle guarded praise from the PCF, but criticism
from the Atlanticist parties of the Centre-Left and Centre-Right.
• A similar division has regularly pertained over Europe. Under most circumstances,
Gaullists and Communists have been the most reticent towards anything smacking
of federalism, and most Socialists, all Christian Democrats and the rest of the non-
Gaullist Right being favourable to further integration. The referendum of 2005 on
the European constitutional treaty, called by a neo-Gaullist president, Jacques
Chirac, very broadly confirmed this pattern, although the opposition to further
integration was much more skewed than usual to the Left: only 41 per cent
of Socialist supporters voted yes to the treaty, compared with 76 per cent of
sympathisers of Chirac’s party, the Union pour un Mouvement Populaire.
The apogee of France’s tradition of intense political division was reached under the
Fourth Republic, when the country was typically viewed by observers at home and
abroad as an impossibly fragmented and conflictual society, rent by bitter ideological
divisions which were reflected in an unstable multiparty system. Its schismatic political
culture was contrasted with the integrated, homogeneous and consensual political cul-
ture of its neighbour across the Channel. But France was also an oddity in European
terms. The parties that formed the basis of stable multiparty systems elsewhere – mod-
erate Social Democrats, Liberals and Christian Democrats – were all singularly weak in
France. To this fragmentation and instability should be added the legacy of bitter civil
strife. The dates which figured (and continue to figure) most prominently in the French
historical consciousness – 1789, 1793, 1830, 1848, 1871, 1936, 1940 and 1944 – all recall
periods when French people were at their most bitterly divided. When a British polit-
ician invokes history it is normally to buttress an unconvincing appeal to national unity;
a French politician (unless he is president) will cite historical examples to illustrate the
perfidy of his adversaries (and, at times, his allies as well). The great political battles of
the Fourth Republic – over the European Defence Community, Algeria or state aid to
Church schools, for instance – were infused with a peculiar venom, as each released the
accumulated rancours of generations. A tendency to over-intellectualise problems, so
that concrete issues were approached with reference to abstract and intangible prin-
ciples, plus an all too ready recourse to language that was excessive and emotionally
explosive where it was not personally abusive, compounded the defects of a political
discourse that apparently left little room for dialogue or bargaining. This type of rhet-
oric, required to satisfy restive and sceptical activists and voters, was the stock-in-trade
of parliamentarians and ministers in a chronically divided Assembly. But behind it, the
politicians of the Centre knew that they had to surmount their differences so that
France might be governed and the state preserved (and controlled).
A counterpoint to the legacy of conflict, then, is the continuity of the French state. It
is a tradition less obvious to the outside observer than conflict (though all too tangible
to any foreigner in France who has had to apply for a residence permit, complete a
contract of employment as a public servant, send a child to school, or seek reimburse-
ment for medical expenses). Since the Revolution, changes of régime have left the
apparatus of the state, as well as a significant body of legislation, largely intact. The law
14 French political traditions
requiring passengers on public transport to make the appropriate connections, for
example, dates from the Revolution. The licensing laws governing every French café
date from 1942 – that is, from Vichy. More remarkably, all the judges active under Vichy
survived the Liberation. One of the greatest compliments a French politician can pay to
another is to concede that he possesses le sens de l’État. It is to the state tradition, or
rather traditions, in French political culture that we now turn.
State traditions
‘France’, as Georges Pompidou (1908–74), de Gaulle’s successor as president, put it
succinctly, ‘would not exist without a state.’ The English have (or had) a Whig tradition
that saw the struggle for, and eventual triumph of, freedom from arbitrary rule as the
dominant theme of the nation’s history. The dominant theme identified by many
French historians, usually of a conservative bent, is that of state-building, in which a
series of monarchs (Saint Louis, Louis XI, Francis I, Henri IV, Louis XIV) contrived,
through a combination of statesmanship, strategic marriage, ruse and military con-
quest, to weld a geographically and linguistically disparate collection of provinces into
a state ruled from Paris, and thence into a nation. The process was far from smooth.
The Hundred Years War of the fourteenth and fifteenth centuries, the Wars of Religion
of the sixteenth, the Fronde of the seventeenth, all interrupted it, serving to show the
need for more or less absolute power at the centre to preserve the state and the nascent
nation. From this perspective, the great Revolution of 1789 was merely one further,
albeit spectacular and far-reaching, interruption in the state-building process; for the
great nineteenth-century political analyst Alexis de Tocqueville and his intellectual
heirs, it further consolidated the centralisation of the absolute monarchy, the two
Napoleons continuing the process. The state-builders of the late nineteenth and
twentieth centuries – Thiers and Gambetta, the two founders of the Third Republic,
Georges Clemenceau, who led France to victory in 1918, and de Gaulle himself – could
be seen as worthy democratic successors to the ancien régime monarchs.
If this broadly conservative view of French history stresses continuity, an alternative
view highlights the sharp hiatus represented by the Revolution of 1789. For much of
the Left, the Revolution represents the real birth of the French nation, because through
it, the French were able to throw off the shackles of absolute monarchy and establish a
Republic of free and equal citizens. ‘The Revolution’, argues the left-wing writer Régis
Debray, ‘is the touchstone of the (Republican) constitution.’ Its principles are set out in
the Declaration of the Rights of Man and the Citizen of 26 August 1789, which still
forms part of the preamble to the Constitution of the Fifth Republic. As we have seen,
the revolutionary tradition associates the Republic with equality between citizens; with
unlimited popular sovereignty (‘the law is the expression of the General Will’, says
Article 6 of the Declaration of the Rights of Man); with the eighteenth-century values
of rationalism and enlightenment; with secularism; with education; and with progress
towards ever greater prosperity and an ever fairer distribution of society’s wealth.
• The kings of the ancien régime constantly sought to demolish or erode the auton-
omy of provinces within their realm, and of the nobles who made the provinces
their territorial base. The Revolution gave France the uniform scheme of départe-
ments which remain the second tier of French local administration to this day.
Napoleon I gave each département a prefect, the symbol for two centuries of an
intrusive and arbitrary central authority reaching into the most obscure corners of
the furthest provinces.
• Because the medieval corporations and the estates of the ancien régime had to be
destroyed in order to establish equality before the law and a Republic of citizens,
Jacobin mistrust of local autonomy extended to any body or group that appeared
to stand between the individual citizen and the state by representing a partial and
therefore suspect interest. However, the most notable expression of this mistrust
was a partial one: the Le Chapelier law of 1791, which banned trade unions and
other workplace associations altogether. The law survived for nearly a century,
under all régimes, until its repeal in 1884. Except during the German Occupation,
liberty of assocation has been guaranteed since 1901; but Tocqueville’s intellectual
heirs have claimed that the French are still reluctant to join associations, and tend
to refer to the state problems that would be dealt with within civil society in other
countries. Others have argued that politicised activists (for example, Catholic and
Communist trade unionists) have discouraged the less militant majority from join-
ing anything, and make co-operation between those of similar interests impossible.
• The Church, too, was subordinated to the state not only after but also before the
Revolution. The Concordat of Bologna, signed by a reluctant but impotent Pope
still reeling from his defeat by Francis I of France at the battle of Marignano in
1516, secured permanent royal control over French Church appointments. Under
Francis I’s successors, the ‘Gallican’ Catholic Church became as much of an insti-
tutional and spiritual prop for the monarchy as the Anglican Church was in
England, but without the trouble of a break with Rome. United in hostility towards
the secular Republic, French Catholics, both clergy and laity, divided over the
submission of the Gallican Church to an obscurantist Ultramontane Roman
Curia. De Gaulle’s family were a good example of the Gallican side of the divide:
loyal to the Church, but wanting it run from within France.
• The primacy of the state over its own servants is also part of the French state
tradition. The judiciary, in particular, was constrained before the Revolution by the
king’s untrammelled right to make law. After it, ordinary judges were excluded by
Napoleon from protecting citizens from the excesses of his administration (though
the Conseil d’État, the body entrusted by Napoleon with the handling of disputes
concerning the servants of the state, did soon acquire a measure of independence).
The hierarchical subordination of magistrates to the justice minister and the polit-
ical authorities’ tight control over appointments and career advancement have been
16 French political traditions
maintained, in their essentials, ever since. The view of law as something subordin-
ate to the higher interests of the state still has willing contemporary supporters on
both Left and Right, whether the Socialist minister André Labarrère who told the
right-wing opposition that ‘You are legally in the wrong because you are politically
in the minority’, or the Gaullist Interior Minister Charles Pasqua who delicately
argued that ‘Democracy ends where raison d’État begins’. The doctrine of the
separation of powers has also been used to protect the state’s servants (and thus
their political masters) from the attentions of the judiciary.
• The state, finally, was the agent of French power abroad. For some two centuries,
from 1650 to 1850, France possessed the largest and most formidable army in
Europe. Whether it was to extend French territory to include pieces of Flanders or
Savoy, in the name of frontiers spuriously considered as ‘natural’ from Louis XIV;
or to throw back the forces of the crowned heads of Europe at Valmy; or to embark
on the conquest of Europe behind Napoleon; or even, in the last quarter of the
nineteenth century, to extend France’s ‘civilising mission’ to Indo-China and
Africa, the French state was identified with military prowess – and unsurprisingly,
was shaken in the event of defeat, whether in 1815, 1870 or 1940. Not for the
French the acquisition of an empire in India by the armies of a private company.
In short, while régimes might come and go with alarming frequency, the culture
of the French state, and the powerful reality of its army and bureaucracy, remained.
The notion of the state might convey somewhat different meanings to the Right and the
Left, but neither seriously questioned its primacy, its autonomy or its power.
• In the first place, the Republic was a guarantor of certain liberties, enshrined in law
between 1881 and 1885 and not rescinded wholesale since then except under Vichy.
They included freedom of assembly, of association (extended and reinforced by the
law of 1901), and of the press (in the late 1920s George Orwell was to observe that
‘Paris alone has daily papers by the dozen, nationalist, Socialist and Communist,
clerical and anti-clerical, militarist and anti-militarist, pro-semitic and anti-
semitic’); freedom for all men over 21 to vote (from 1848) and to choose between
different candidates (from 1871); the right of municipalities (except Paris) to elect
their own councils and mayors.
• Equality between citizens, at least of a formal sort, was guaranteed, in the first
instance, by universal male suffrage. Equally universal, for men, was the duty of
military service, to which few exceptions were admitted after 1870. Like other
nineteenth-century continental powers in an age when military strength depended
French political traditions 17
substantially on the ability to put large numbers of trained men into the field,
France maintained a conscript army, with 736,000 men under arms before mobil-
isation in 1914. Military service, in turn, became a rite of passage for generations:
part of the process identified by Eugen Weber by which peasants of far-flung
provinces were turned into French citizens. A third manifestation of republican
equality was to be found in universal primary schooling: the Ferry Laws offered, in
principle, an identical chance to children throughout the territory of France to
better themselves through education. The Ferry Laws and the universality they
embodied were important not only in themselves but also as a foundation, in three
senses. First, they stood as the prototype for a widening range of public services,
especially after 1945: supplied by a central state monopoly and accessible to cit-
izens throughout France’s territory on an identical basis. Second, they were the
basis of an educational cursus that combined equal chances for all (in principle)
with increasingly ferocious selection through competitive examinations. Third,
competitive examinations also served as the basis for recruitment into the service of
the state, embodying the Republican ideal of the ‘career open to talent’ (as opposed
to the noble status and patronage of the ancien régime).
• The third element of the Republican triptych, fraternity, is the most elusive. It is
perhaps best conceived as the capacity of the Republic to integrate Frenchmen of
the most diverse regional origins into a nation: a process which, in the view of
Eugen Weber, was not completed until the late nineteenth century, by which time
universal education and military service, as well as relatively cheap rail transport,
had done their work. Integration, however, extended beyond the ranks of the
native-born French to immigrants. By the late nineteenth century, sluggish dem-
ography (in 1800 the population of France, at some 27 million, was nearly three
times that of Great Britain; a century later each country had about 40 million
inhabitants) had made France – most unusually, for a West European country – a
land of immigration. The new arrivals, whose numbers peaked in the prosperous
1920s, were mostly other Europeans: Poles, Belgians and Italians in particular.
Their children born in France attended French schools and, thanks to the revival of
the jus solis in 1889, grew up as French citizens, frequently marrying a native
French spouse and becoming fully integrated with the French population within
one or at most two generations.
The relationship between state, nation and citizens expressed by the Republican
triptych differed significantly from those current in the United States or even Britain.
Associations were tolerated and enjoyed a legal status, but the state, rather than holding
the ring between plethora of competing interests, was placed above them as the expres-
sion of the general will. Tasks such as education could not be delegated to local author-
ities, because the state alone could guarantee the equality of treatment to which each
French citizen had a right. At the same time measures to limit substantive inequality,
through wealth redistribution and the creation of a welfare state, waited longer in
France than in northern European countries. No concessions, finally, were made either
to the regional or to the non-French origins of citizens; the only true community was
that of the nation. France’s state tradition has been identified by Kenneth Dyson as
something of an exception in Western Europe. It helped make France especially recep-
tive to the great expansion in the role of the state that occurred throughout the
developed capitalist world after 1945.
18 French political traditions
Dirigisme
A prime example of a state-led consensus between apparently opposed political forces
is dirigisme, the term coined to characterise the intervention of the state in the post-war
economy. Dirigisme is worth considering in some detail both because it demonstrates
the array of state institutions deployed to manage civil society, and because it will
illustrate the difficulties encountered by France in adjusting to a more globalised,
liberal world economy.
Like the broader culture of the state, dirigisme in France has roots in the ancien
régime, being especially identified with Louis XIV’s minister Colbert. The eighteenth-
century French state managed not only clearly strategic activities, such as arsenals, but
also those that were less obviously so, such as salt production (for fiscal reasons) or the
Gobelins tapestry works (for sumptuary ones). Even in the relatively laissez-faire years
of the late nineteenth century, the state raised tariff barriers and built railways. But the
biggest impulse to dirigisme was given in France, as elsewhere, by World War II and its
apparent lesson that successful economies were planned economies. Both under the
German Occupation and after the Liberation, France’s technocrats, and thence the
politicians too, rejected the relative economic liberalism of the pre-war years and
embraced the new interventionist orthodoxy. That orthodoxy included, as in other
post-war West European states, a mix of Keynesian economic policies and social wel-
farism. It also embraced large-scale industrial interventionism. Herein lay the most
specifically French manifestation of the post-war economic consensus. Dirigisme in its
developed post-war form was a complex phenomenon which may be seen as at least
nine different things.
• The centralisation of the French state, a legal certainty before the decentralisation
reforms of 1982, was nevertheless a practical impossibility. Centralisation was only
a French obsession because of the centuries-long struggle to create a state in the
face of powerful centrifugal tendencies in the provinces. In most cases, though,
local dignitaries, or notables, who represented a potential threat to the unity of the
state, were domesticated rather than destroyed. The notables exacted a continuous
price for their co-operation, in the shape of political arrangements, or even subsid-
ies, that allowed them to retain their local ascendancy and pursue their cherished
projects while practising a largely formal deference to the central authorities. Can-
didates at local elections frequently claimed to stand for the ‘defence of local
interests’, by implication against a state considered as interfering and rapacious.
The different gradations of notables – in small or large municipalities, in départe-
ments and finally in regions – and the multiplicity of state services under the pre-
fect’s notional supervision created a complex web of clientship and complicity
stretching from the small provincial mairie to Parisian ministries and the National
Assembly. The most important notables, men like Jacques Chaban-Delmas, mayor
of Bordeaux, or Pierre Mauroy, mayor of Lille, enjoyed regular access to govern-
ment members (even when they were not prime minister, as each of these two was
for three years) and commanded obedience of a more or less obsequious variety
from all in their local strongholds, including the representatives of the state: a
degree of authority that earned them the feudal nicknames of the Duke of Aquitaine
and the Count of Flanders.
• The Jacobin claim that the state represented the ‘general interest’ and remained
aloof from those ‘partial interests’, constituted by associations and pressure groups
which threatened to perturb the serene and enlightened deliberations of govern-
ment, was always based more on myth than on fact. The better-organised groups
were able to buy influence, more or less discreetly. At local level, all six Deputies
elected to the National Assembly in 1951 for the département of Calvados (famous
then as now for its apple brandy) had promised in their personal manifestos to
French political traditions 23
defend the interests of the bouilleurs de cru, the home distillers’ lobby. More tragic-
ally, the Algerian policy of successive Fourth Republic governments, whether Left-
or Right-leaning, was prey to the activities of the colonial lobby, constituted
around large farming and wine-growing interests in the fertile valley south of
Algiers, which opposed every concession to the Muslim population of Algeria until
it was too late.
• The claim to represent the ‘general interest’ was further undermined by the ten-
dency of strategically placed groups of the state’s servants to negotiate privileged
conditions of employment. Teachers, rail workers or employees of Électricité de
France (EDF), for example, won benefits in kind such as a ‘thirteenth month’ of
pay, shorter working hours, or early retirement. Observers like François de Closets
have pilloried such privileges, often unfairly: but it has sometimes been the case that
the ‘defence of French-style public services’ cited as justification of strike action by
public employees has corresponded to the defence of their own perks, or avantages
acquis.
• Even the Church has been able to impose itself as a necessary interlocutor of the
secular state. A stout anti-clerical like the Interior Minister Georges Clemenceau
felt obliged to intervene to ensure that the inventory of Church property under-
taken in the aftermath of the Separation of 1905 was done with a minimum of
respect for Catholic sensitivities. Nearly eighty years later, Pierre Mauroy’s Social-
ist government sought the Church’s agreement to his proposed reform of Catholic
schools (he sought in vain, and intense Catholic pressure sank the reform and
helped destroy the Mauroy government). The Church at local level has been a
necessary link in the networks of notables in Catholic areas.
• Dirigisme was often operated with much more flexibility than the dirigiste model
suggests. The substantial state presence in the economy should not obscure con-
tinued private involvement even in sectors considered elsewhere, at least in the post-
war period, as ‘natural’ public-sector domains. The social security system, for
instance, was officially administered by the ‘social partners’ – unions and employ-
ers – with only periodic interventions from the state (chiefly in the form of bail-out
packages, which became ever more frequent). Water was never nationalised. Local
authorities were free to choose between direct control of water purification and
distribution, a concession to a private firm, or a mixed solution; and France duly
built up world-class private water companies. Motorways, largely built by private
firms in return for toll concessions, are another example. The sociétés d’économie
mixte, firms combining public and private finance, were a commonplace in the
large-scale urban development of the post-war generation. Outside economic sec-
tors in crisis, dirigisme rarely took the form of detailed state intervention; more
frequently it took the form of a statement of ambition plus a set of financial
inducements, or even, as in the aerospace industry, simply a general framework.
• The unity of the state was a judicial fiction, not a practical reality, its effectiveness
often more mythical than tangible. At local level, for example, successive laws
reaffirming the prefects’ primacy at the head of the state’s services in the départe-
ments testified to the constant difficulty they experienced in making that primacy
effective. Industrial dirigisme, meanwhile, was constantly hindered by the density
of the institutional structure. Most major industrial policies required the interven-
tion of several ministries, the Commissariat au Plan, DATAR, the banks and
other credit organisations, and subnational field services and funding agencies.
24 French political traditions
Moreover, France’s tightly knit and expert civil service elite was often riven with
vicious rivalries between and within ministries, banks and other bodies, while the
expertise was often of the wrong sort, placing the state at a disadvantage in relation
to private industry. As to the vast public industrial sector, it became an incoherent
patchwork created by political acts but extended by the acquisition policies of
nationalised firms. It included lame ducks in need of constant and often ineffective
subsidy, but also highly profitable firms like the state-owned oil companies CFP
and Elf, or EDF, which tended to run themselves, on more or less conventional
business lines, independently from the ministries that supposedly supervised them.
The result was an industrial policy that was cumbersome, time-consuming and
politicised, as well as inconsistent both over time and between different institutions
in the process (so that the allocation of credit, for example, often bore little relation
to the priorities of the Plan). Though a handful of flagship grands projets, such
as Caravelle, succeeded, others, such as the Plan Calcul, were spectacular and
expensive disasters.
Less ubiquitous and less effective than often alleged, France’s state remained more
ubiquitous (and, much of the time, more effective) than many of its West European
counterparts. And the state tradition has been as much a part of France’s political
culture as the legacy of political division. Both, however, have been endangered, to a
greater or lesser extent, by the changing context of French, of European and of global
politics.
• The agricultural population fell from well over a quarter in 1945 to under 10 per
cent (and falling) thirty years later, the rural population from 46 per cent to under
30. The proportion of the French who were self-employed fell from nearly a third at
the Liberation to 18 per cent in 1962 (and 12 per cent in 1982): France became,
overwhelmingly, a nation of wage- and salary-earners. The France of the small
family firm and the small family farm, fundamental bases of French politics for a
century and a half, shrank at an unprecedented rate – not without provoking
vigorous, at times violent, protests both from farm unions and from small traders
(briefly organised, during the Fourth Republic, as the Poujadist movement).
• With industrial growth, in sectors as varied as petrochemicals, automobiles, aero-
space, or building and public works, went a corresponding increase in the number
of blue-collar workers, which peaked in 1970 at just over 9 million. This growth,
though significant, was still limited: the Left in France never had a working-class
base as large as that of, say, Britain at its peak. Moreover, unskilled labour
was increasingly recruited from former African colonies, and first-generation
immigrants lacked the vote.
• The fastest-growing occupational categories were white-collar workers of all kinds,
in both public and private sectors; managers; and professionals. This development
corresponded to a threefold development in the economy; the ‘managerial revolu-
tion’ within firms; the growth of the private service sector; and the growth of areas
of the public sector such as healthcare and education. The new, salaried middle
classes became more numerous than the old ones (professionals and independent
business people) which had formed the recruiting ground for the political elites of
the Third Republic.
• Women entered the labour market in ever larger numbers, filling many of the new
white-collar jobs in both public and private sectors: some 45 per cent of women of
working age did paid work in 1970, compared with just 25 per cent a generation
earlier (the figure would rise to 80 per cent by 1999). This growing economic
integration was barely matched by progress towards political equality: women only
won the vote in 1944, and were still woefully under-represented in both parliament
and government thirty years later.
• The labour shortage that France experienced until the late 1960s was filled partly
by women, but also partly by immigrants, who often took over low-income, low-
status jobs that French people were able to refuse. In 1931, France had been home
to nearly 3 million immigrants, mostly from the Iberian peninsula, Italy and
Central and Eastern Europe. The new immigrants came from Iberia but also from
the Maghrib, the former North African colonies of Morocco, Algeria and Tunisia.
At first they were working men and were expected to return to their country of
origin. But by the end of the trente glorieuses, many had been joined by their
families. Temporary immigration became permanent, adding a new element to
France’s already varied racial mix and raising the question of the integration of
immigrants and their families and their accession to at least some of the rights
of French citizens.
• The France of the trente glorieuses suffered from a chronic housing crisis, caused by
low levels of construction in the inter-war years, wartime damage, population
26 French political traditions
growth (by nearly 30 per cent, from 40.5 to 52.5 million, between 1946 and 1975)
and the rural exodus. The state’s response, as elsewhere in Europe, was to build fast
and cheap: over a generation, the Nissen huts and shanty towns that had accom-
modated poor families were replaced by habitations à loyer modéré (HLMs). Ini-
tially, this improved the quality of the housing stock dramatically: three-quarters
of French homes had indoor toilets in 1975, against a mere 40 per cent in 1962. The
cost, however, was that the HLM estates, typically built on cheap land on the
peripheries of cities, were often surpassingly ugly and disagreeable to live in, and
aged badly. If the quantitative housing crisis was over by the mid-1970s, a qualita-
tive crisis was just beginning, as some estates began to show concentrations of
delapidation, unemployment and crime of all kinds.
• As the cities and the hastily built suburban housing estates filled, the churches
emptied. While about 70 per cent of the French still consider themselves to be
Catholics, weekly attendance at Mass fell from just under 40 per cent in the
immediate post-war years to some 9 per cent by 1998. The number of priests fell by
nearly a third, from 41,000 to 28,000, between 1960 and 1982, and the average age
of those remaining rose to nearly 60. The crisis of priestly vocations reflected a
wider loss of Church influence in the wider French society, with mainstream atti-
tudes to a variety of questions, especially those relating to sexuality, increasingly at
odds with the teachings of the Church.
• The trente glorieuses were marked by a rapid general expansion of education, with
the Fouchet reforms of 1963 guaranteeing at least some secondary education for
all. As late as 1965, barely 10 per cent of French school leavers possessed the
baccalauréat, the high school certificate that guarantees entry into university. By
1975, the figure was 25 per cent. Student numbers rose from 186,000 in 1959 to
615,000 a decade later. The result, in terms of overcrowding and poor facilities in
both secondary and tertiary education, contributed to the student unrest of May
1968. But the expansion continued with barely a pause, and with little change to the
centralised model established under Ferry. In a context of full employment with a
growing number of qualified jobs available, the education system appeared to be
more than ever filling its Republican role of ascenseur social, offering growing
opportunities for upward social mobility.
• If there was less God in the France of the trente glorieuses, there was also a great
deal more Mammon, for with growth went hitherto undreamt-of levels of personal
consumption. There were a million television sets in France in 1960, for example,
but ten times that number by 1970. The fruits of growth were unevenly distributed,
but everyone got a share of sorts. The working class, therefore, was not only more
numerous than in the pre-war years; it was also, by 1970, significantly more pros-
perous. The workers whose strikes nearly toppled the régime in May 1968 could still
be placated by a larger slice of the cake – whatever the strictures of the students
who rioted at the same time against the empty values of la société de consommation.
In the 1970s, French electoral sociologists suggested that these developments opened
new opportunities for the Left: the Right’s traditional bases in farms and small busi-
nesses, or among Catholics, were shrinking fast, while typically left-voting groups, such
as schoolteachers or other white-collar public servants, were growing. Events from the
end of the trente glorieuses revealed a more complex reality: a working class whose size
and loyalty to the Left began to diminish; and a better-educated population that
French political traditions 27
showed a growing scepticism about the more ideological claims of both Left and Right,
and indeed about the notions of Left and Right themselves. As we shall see, the major
long-term effects of the trente glorieuses were to soften the old divide between Right
and Left while opening up new areas of political conflict. Those effects were accelerated
in many ways by the economic crisis that followed.
Globalisation
The West’s post-war boom was abruptly closed by the oil price rise of 1973–74. What
had initially appeared as a temporary inflationary crisis lifted the curtain on three much
more durable phenomena, which persisted long after real oil prices had returned to
their pre-1973 levels. These were, first, the end of the industrialised capitalist world’s
very high post-war growth rates along with their causes – post-war reconstruction and
the productivity gains attendant on the completion of industrialisation; second, a world
of permanently free-floating exchange rates, heralded by America’s effective destruc-
tion, in 1971, of the Bretton Woods system of fixed rates that had underpinned the
boom; and third, the intensifying worldwide capitalist competition known as
globalisation.
Globalisation may be seen as having four dimensions – technological, ideological,
commercial and cultural. All are linked, and all have the effect of diminishing the
capacity of individual nation states to implement fully independent economic policies –
especially when such policies incline to dirigisme.
• The technological dimension to globalisation, at its simplest level, means that big
reductions in transport costs have made it far cheaper to move goods around the
world. More important, perhaps, has been the revolution in information technol-
ogy which has made it incomparably cheaper and quicker to generate, access and
transfer around the world all manner of data. Five effects of that deserve to be
highlighted, since they have clearly impacted on the French economic model. First,
technology has made a major contribution to opening up the world’s financial
markets, allowing decisions to buy or sell financial products to be implemented
instantaneously across continents. Second, technology has transformed some ‘nat-
ural’ national monopolies into sectors susceptible to both domestic and inter-
national competition, undermining one of the main arguments in favour of state
control: telecommunications and electricity supply are good examples of sectors in
which barriers to competition are slowly, if reluctantly, being removed. Third,
technology has changed the perception among policy-makers of what a ‘strategic’
industry is: no longer steel but electronics, no longer ship-building but computer
software. Fourth, technology has brought far greater flexibility to formerly rigid
aspects of the manufacturing process such as car assembly lines, and facilitated the
‘outsourcing’ of any number of formerly core activities. It is now possible to envis-
age a car manufacturer that makes no cars at all, but puts out to tender the whole
succession of processes from design to manufacture, from marketing to distribu-
tion. Fifth, rapid technological change plus complacent management can quickly
transform national champions (of whatever nation) into international lame ducks,
as the painful lessons of America’s IBM, Holland’s Philips, or France’s Bull show.
• The ideological dimension of globalisation arises from the progressive rejection
by Western policy-makers, from the mid-1970s on, of the post-war Keynesian
28 French political traditions
economic consensus which favoured extensive state intervention in capitalist
economies via regulation or ownership of firms, managed exchange rates and the
use of demand management (through, for example, budget deficits) to moderate
the fluctuations of the business cycle. By the mid-1970s, Bretton Woods had col-
lapsed, state-owned firms were increasingly criticised as inefficient, and, above all,
Keynesian techniques offered no remedy to the inflation which ravaged the major
capitalist economies from 1973. The ideological paradigm shift away from Keyne-
sianism and towards neo-liberal economic policies established new orthodoxies,
each more favourable to capital than to labour. These included deregulation and
trade liberalisation (within the financial markets, liberalisation was inseparable
from the process of technological change); the encouragement by governments of
direct inward investment from abroad; prudent exchange rate policies (in a world
where the markets determine the value of currencies from day to day, with often
brutal fluctuations); stricter fiscal discipline, with a greater inclination to balance
budgets; tight controls on public spending (even at the cost of demolishing parts of
the post-war welfare state); privatisation; tax reform (often in the direction of
lowering tax rates on the wealthy and on corporate profits); more flexible labour
markets (even at the price of withdrawing elements of social protection for
employees); and wage cost containment (if necessary, via restrictions on the
activities of trade unions).
• The commercial dimension of globalisation is the outcome of the technological and
ideological changes noted above. Trade liberalisation (notably through the succes-
sive rounds of tariff reductions organised under the auspices of the General
Agreement on Trade and Tariffs (GATT), but also the extension of capitalist trad-
ing relations to the former Communist countries of Eastern Europe and to China)
has combined with technological change to expand the volume of world trade.
Deregulation plus new technologies have rendered the financial markets busier
(in terms of the volume of transactions handled), more rapid and more powerful.
Flows of inward and outward investment have grown. And major enterprises have
been increasingly obliged to become multinational in terms of turnover, domestic
content, research alliances and production ventures – effectively shedding part or
even all of their national identity. Regulation of these processes, finally, has become
increasingly transnational.
• The cultural dimension of globalisation is closely related to the commercial one.
With the growth of world trade have come the homogenisation of consumption
patterns and the spread of world brands such as Coca-Cola, McDonald’s, Levi’s or
Microsoft, as well as of world (typically American, or at least ‘Anglo-Saxon’)
products in film, TV and popular music. The growth of world trade has also
confirmed English as the international language of business, and as a necessary
tool of communication for growing numbers of non-native English speakers.
France has undergone this complex series of processes with varying degrees of will-
ingness. Successive French governments, through the intermediary of Europe since
1960, have been signatories to successive tariff-reducing GATT agreements; efforts to
route imports of Japanese video cassette recorders through an obscure customs post in
Poitiers (in 1982) or to negotiate quotas on Japanese cars (through the 1980s) had the
air of rearguard actions. Nationalised French firms – especially EDF (electricity) and
GDF (gas) bought into their privatised counterparts abroad, but retained their own
French political traditions 29
protected status until after 2002. The technological aspects have been experienced less
as an actor (aside from detours like the Minitel, a precocious but very slow French
precursor of the Internet) than as a consumer; French firms have been neither especially
quick nor hopelessly slow to apply information technologies. The cultural dimension of
globalisation is clearly perceived by many French policy-makers as a threat. Hence, for
example, the legal requirement that at least 40 per cent of songs broadcast on French
radio stations should be in French, and that proceedings of conferences and seminars
conducted on French territory should be in French; and the French government’s
readiness, in 1993, to delay or even to wreck the Uruguay Round of tariff cuts in order
to preserve the ‘cultural exception’ of film and TV from the dangers of wholly free
trade; or the heroic, if largely futile, attempts of the Académie Française to prevent the
purity of the French language from being sullied by the incorporation of English
words. The ideological paradigm shift, finally, developed among France’s administra-
tive elites from the late 1970s onwards, but was slower to affect the political elite or the
wider population. This was hardly surprising. If globalisation imposed painful adjust-
ments away from the post-war consensus on every developed capitalist economy, its
implications for France were peculiarly wide-ranging. Without a return to protection-
ism, an economic model centred on state-led projects, subsidised and undercapitalised
national champions, whether government-owned or not, and a thicket of national regu-
lations could not long compete in a world of multinational corporations, free capital
flows, acquisitions and mergers, and multilateral trade regulations; globalisation, in
other words, threatened the whole edifice of dirigisme. A return to protectionism and an
alternative national economic policy was seriously considered by President Mitterrand
during the monetary crisis of March 1983, but decisively rejected. To have done other-
wise would have been to reverse the process of European integration, the third of the
long developments that has transformed the context of French politics.
Europe
France, along with Italy, West Germany and the Benelux states, was a signatory to the
Treaty of Rome, creating the European Economic Community (EEC), in March 1957.
The ‘construction of Europe’, towards which the Rome Treaty was the most decisive
step, has been seen as an opportunity by the French in three ways. First, it has been the
framework for a new relationship with Germany. Reconciliation, after three wars in the
space of a single lifetime (in 1870, 1914 and 1939), was a major achievement,
but paralleled by two less lofty aims: the ‘containment’ of an economically resurgent
Federal Republic and the use of what became a special relationship to dominate the
EEC. Second, French governments, with some misgivings, viewed Europe and the free
trade it promised as an engine of economic growth: most obviously, as a market for
France’s burgeoning farm exports, but also as a means to force modernisation on
French industry, newly exposed to the bracing winds of competition from other mem-
ber states. Third, Europe offered France an opportunity, in de Gaulle’s (private) words,
to ‘regain the status she lost at the battle of Waterloo, as the first among nations’. If this
grandiose ambition appears fanciful, Europe has nevertheless enabled France to ‘punch
above its weight’ in diplomatic terms. Of the other two large founding members of the
EEC, Italy has not aspired to take on a role of leadership in Europe since Mussolini,
and Germany was both divided and diplomatically disabled by the legacy of World War
II: an economic giant but a political pygmy. By a process of elimination France, as one
30 French political traditions
of the victors in World War II and (from 1960) as an atomic power, could therefore
aspire to speak for the original six.
Such opportunities had a price: the partial surrender of national sovereignty. France
was more sensitive than any other original member state to this issue. The ‘ever-closer
union’ inscribed in the Treaty of Rome challenges the sovereignty of member states in
five ways. First, its institutional processes offer at least the theoretical possibility, since
the introduction in 1986 of qualified majority voting on the EEC’s chief law-making
body, the Council of Ministers, that a member state may be outvoted, thereby being
forced by ‘Europe’ to implement policies it has opposed. Second, the EU is dis-
tinguished from most other international organisations in its possession of a body of
law with a system of courts able, in principle, to sanction member states and businesses
for infringements of EU law. Third, the range of policies in which Europe now has a
hand – including, for example, regional aid, scientific research, the environment, immi-
gration and foreign policy – has forced governments to include a European division
in almost every national ministry and to take the European framework into account in
almost every major political decision. Although the extent of Europe’s involvement in
different policy areas varies (and may, in some sectors, even diminish over time), the
exercise of core EEC competences in the areas of free trade and competition has
become steadily more invasive, especially since the late 1980s. The 1992 Maastricht
Treaty on European Union represented a new threshold in this respect, when member
states (other than the UK) agreed to establish a single European currency, to surrender
monetary policy to a new European Central Bank, and to respect a constraining set of
‘convergence criteria’ aimed at limiting inflation, public debt and budgetary deficits.
Fourth, member states can no longer fix their own trade policy. Since the Rome Treaty
the European Commission has undertaken international trade negotiations, and not-
ably the various rounds of multilateral reductions under the GATT and more recently
of the World Trade Organisation (WTO), on behalf of member states. While only the
Council of Ministers can set the final seal to any such agreement, the pressures on an
individual member state, both from European negotiators and from other member
states, to sacrifice national interests to the collective good, are considerable. Finally,
while a big member state like France could be confident, in the early, small, EEC, of
defending its national interests in Europe by simple self-assertion, such a calculation is
less readily made in a European Union of twenty-five states.
All European heads of state and government, including the French, have had to
weigh the benefits of European integration against the costs. Guy Mollet, the Fourth
Republic prime minister who signed the Rome Treaty in 1957, took care to limit its
supranational provisions in order to be sure of his parliamentary support: the Treaty
was ratified by just 59 per cent of French Deputies (342 to 239). De Gaulle was pre-
pared to halt both the ‘enlargement’ of Europe (by his veto of British entry into the
EEC) and its ‘deepening’ (by preserving the national veto on all European legislation),
in order to preserve his conception of French sovereignty. His successors have been less
reserved. Each has agreed to the entry of new member states, to the reinforcement of
European institutions and to the extension of European competences. France has
not thereby been integrated into a new federal super-state, but the untrammelled
exercise of national sovereignty, viewed by de Gaulle as a central aim of policy, has
nevertheless been constrained in important ways. It was characteristic, moreover, of
much of the first half-century of European integration that the initiatives and debates
were carried on chiefly at elite level, rather than being brought into the hurly-burly of
French political traditions 31
democratic politics. When the voters were involved, however, their generally favourable
predisposition towards ‘building Europe’ often gave way to mistrust – of the specific
European measures proposed, of the politicians proposing them, or both. The refer-
endum of September 1992 on the Maastricht Treaty passed by the narrowest of
margins. That of May 2005, on the European constitutional treaty, provoked a decisive
no from the French electorate, much to the discomfiture of the president, Jacques
Chirac, who proposed it.
Zones of consensus
France’s traditional lack of consensus on the nature of the régime was effectively ended
halfway through the trente glorieuses (though as Chapter 2 will show, this owed
more to the crisis in Algeria than to France’s economic development). The referendum
establishing the Fifth Republic, and with it a strengthened presidency, was passed in
September 1958 by 79.2 per cent of the voters. Four years later, de Gaulle’s revision of
his ‘own’ constitution, establishing the direct election of the president, was approved by
62 per cent. For a while François Mitterrand continued to refer to the régime as a
‘permanent coup d’État’; and the constitution has been revised, sometimes in import-
ant ways, sixteen times since 1962. But in retrospect, the referendum of 1962 can be seen
as a closure of debates over the fundamentals of the régime. In particular, it signalled
the acceptance, first by the electorate and then, more slowly, by the political elite
(including Mitterrand), that the Republic was compatible with a strong presidency: a
striking reversal of the older tradition that equated the Republic with a parliamentary
régime. The Fifth Republic survived de Gaulle’s resignation in April 1969. Five years
later, it survived the election of a president from the non-Gaullist Right (Valéry Giscard
d’Estaing), following Georges Pompidou’s sudden death in office. In 1981, the constitu-
tion passed the ultimate test of allowing peaceful alternation in power when François
Mitterrand led the Socialists to victories in both presidential and parliamentary elec-
tions. Constitutional debate continues, notably over questions as important as the
independence of the judiciary or the practice of multiple (national and local) elective
office-holding. But it has lost the passion and urgency it provoked in the 150 years after
32 French political traditions
the Revolution. Nearly 70 per cent of the electorate abstained at the September 2000
referendum that reduced the presidential term from seven years to five; opinion polls
found that a majority of abstentionists considered high petrol prices a more important
issue (though interestingly, it was in the debates over the European constitutional treaty
in 2005 that some of the old passions over institutional questions were revived).
The political stability afforded by the new régime contributed to the acceleration of
growth in the 1960s, but also to the (near-)resolution of the question of Church–state
relations. The Debré Law of 1959, allowing state subsidies to Church schools under
certain conditions, was, it is true, opposed by a vast petition that attracted the signa-
tures of over 70 per cent of the voters in twenty of France’s ninety-six départements.
But once passed, it stuck. Subsequent attempts to modify the delicate balance it estab-
lished between public (secular) and private (religious) education provoked mass demon-
strations on either side, notably in 1984 and 1994, and were abandoned. France’s
remaining practising Catholics went on voting disproportionately to the Right. Yet the
religious issue has lost the power to envenom political debate that it undoubtedly
possessed at the start of the twentieth century. And the notion of laïcité has been
transferred, as we shall see, to the quite different issue of headscarves on Muslim girls.
The resolution of the questions of the régime and the Church emptied France’s
Left–Right division of part of its substance. Late twentieth-century opinion polls
showed that at least three out of five of the French – 62 per cent in 1996 – thought the
Left–Right division ‘out of date’. Even the division centred on class and the manage-
ment of the economy had blurred somewhat after the great U-turn of 1983, when
François Mitterrand turned away from the Socialist policies on which he had been
elected and accepted the full implications of living in an open economy. Despite the
revival of the far Left from the late twentieth century, it is unlikely that any new
Socialist campaign would promise a ‘rupture with capitalism’; no election would be
seen, as those of 1978 and 1981 were by both politicians and observers, as entailing a
choix de société – a systemic choice between capitalism and socialism. All governments
will govern within capitalism, using their limited margins of manoeuvre in somewhat
different ways, but also in unexpectedly similar ones: by 2002 the Left, for example, had
been responsible for a greater volume of privatisations, in money terms, than the Right.
The blurring of the traditional divisions has been compounded by the unprecedented
frequency of alternance, of the handover of power between Right and Left after elec-
tions. In 1981 this was a novelty for the French. The Third and Fourth Republics saw
coalitions, usually of Centre-Right or Centre-Left, form and re-form according to the
shifting balance of parliamentary arithmetic. The Fifth Republic translated the Left–
Right division into practical politics, notably by providing for the direct election of the
president at two ballots, with only two candidates present at the run-off. But for the first
twenty-three years of the Fifth Republic the Right ruled without interruption. The
alternance of 1981, on the other hand, was the first of many: in 1986, 1988, 1993, 1997
and 2002, the voters threw out an incumbent government and replaced it with one of
the opposite political stamp. Moreover, the time lag between the presidential term of
seven years and the parliamentary one of five ensured that in 1986, 1993 and 1997, the
president and the parliamentary majority, and hence the government, were on opposite
sides: a left-wing president (Mitterrand) with right-wing governments in 1986 and 1993,
a right-wing president (Chirac) with a left-wing government in 1997. This ‘cohabit-
ation’ between president and government combined with the frequency of alternance to
render the Left–Right division banal. Despite regular skirmishes between the two sides
French political traditions 33
on each occasion, cohabitation also obliged the leaders of Right and Left to work
together from day to day over months or years. In doing so, it definitively buried the
notion of ‘civil war by other means’ which had marked Left–Right political relations,
with more or less intensity, for two centuries.
The configuration of Left–Right relations was also altered by the decline of the two
great political forces to have emerged from the years of Occupation: Communism and
Gaullism. The Communists’ share of the vote fell from a quarter to a fifth at the outset
of the Fifth Republic in 1958, but then stabilised. The real decline began two decades
later: in the 1980s the Communist electorate shrank from over 20 per cent to well under
10. The consequences reached far beyond the realm of electoral politics. Marxists lost
the high ground of intellectual debate that they had occupied – almost alone, it seemed
at times – since 1945. And the non-Communist Left was no longer obliged to accept the
limits on the range of acceptable policies imposed by an alliance with a powerful
Communist partner, a change that in turn contributed to the ideological shift away
from dirigisme discussed above. The Gaullists, for their part, lost both their hegemony
on the Right and much of their political distinctiveness after de Gaulle’s resignation in
1969. Their share of the vote halved from some two-fifths in 1968 to one-fifth ten years
later. And the necessity of alliance with the non-Gaullist Right, plus the progressive
replacement of the Resistance generation in the party leadership by younger men,
turned the Gaullists into something closer to a commonplace conservative party than
they had been in the General’s day – an evolution carried to its term with the creation
of the UMP, a party combining both Gaullists and much of the non-Gaullist moderate
Right, in 2002. Widely different causes fed into the decline of the two parties: for
example, the shrinkage of the blue-collar working class and the progressive discredit of
the Soviet model for the Communists, and the progressive diffusion of the General’s
legacy throughout the political system for the Gaullists. But there were elements in
common, too: the passing of the Resistance generation, and the rejection, after 1968, of
an authoritarian style of politics that each party, in its own way, represented. The
double decline meant not the disappearance, but the weakening, of elements that had
shaped the singularity of French politics in the post-war generation.
Fourth, despite the dismantling of dirigisme, the French state of the early twenty-first
century remained larger than ever, whether in terms of the number of public employees
(between 25 and 30 per cent of the workforce, depending on where the public–private
frontier is drawn) or the share of GDP taken by the state, at central and at local level. In
1981, the French state’s fiscal revenue amounted to some 42 per cent of GDP – the
same, given the balanced budget, as government spending. By 2003, on the other hand,
fiscal revenue amounted to 46 per cent of GDP, fiscal plus non-fiscal revenue stood
at 50.4 per cent, and government spending at 54.5 per cent, thanks to a deficit of
4.1 per cent of GDP.
The paradox, therefore, is that over a period when many among France’s administra-
tive and political elites were converted to the idea of a less interventionist state and to
financial orthodoxy, the size of the French state continued to grow and the size of
France’s deficit to grow faster, while public debt rose from some 20 per cent of GDP to
63 per cent. The explanation lies largely in social spending. In 1980, France’s levels of
social spending, at 21.1 per cent of GDP, was close to the average for the EU15 coun-
tries (20.6 per cent). In 2001, by contrast, while the EU15 average had risen to 24.0 per
cent, driven in part by Europe-wide factors such as ageing populations, the French
figure had risen to 28.5 per cent and ranked third behind Denmark and Sweden. Part of
this growth was caused by the expansion of France’s excellent healthcare system.
Much, however, was spent on palliating the consequences of joblessness, via
unemployment benefits, early retirement packages (two-thirds of French workers have
retired by the time they reach the age of 60), work experience programmes and min-
imum income programmes – plus, since 1997, the 35-hour week, heavily subsidised from
public funds. Humane insofar as they spread part of the cost of joblessness away from
its immediate victims and onto the wider community, such remedies suffer from the
twin drawbacks of tying up growing amounts of scarce resources and doing so in ways
that do little to promote France’s wider economic competitiveness.
The dismantling of dirigisme, therefore, while it has rendered France’s prosperity
dependent on business performance more than on technocratic decision, has dimin-
ished neither the role of the state nor the reliance of the population, in all manner of
ways, upon its largesse. Similarly, the ‘Jacobin’ model of strong central authority at
home and assertive independence abroad, inherited from the ancien régime, consoli-
dated under Napoleon and renovated by de Gaulle, has been modified and challenged,
but remains a basic operating principle among the political and administrative elite.
Concluding remarks
The rest of this book follows the development of France’s political traditions through
particular sections of the political system. Chapter 2 analyses the overall constitutional
framework of the Fifth Republic, and the attempts of its founders to find a synthesis
between the parliamentarianism of the republican tradition and the strong leadership
beloved of Bonapartists and anti-democrats. Chapters 3 to 5 then examine in more
detail the workings of France’s executive, through the personal contributions of Fifth
Republic leaders (Chapter 3), the resources available to president and prime minister
(Chapter 4), and their respective roles in policy-making (Chapter 5). Chapter 6 con-
siders the attempts of the French parliament to break out of the modest position
assigned it by the constitution. Chapters 7, 8 and 9 cover patterns of political conflict,
from the point of view both of individual parties and of the party system as a whole.
French political traditions 47
Chapters 10 to 13 deal with the state tradition and the challenges it faces, whether in the
new demands being placed on the administration, the new and less predictable con-
figuration of French interest groups, the transformation of central–local relations since
the decentralisation legislation of 1982, and the new assertiveness of the French judi-
ciary. Chapter 14 analyses France’s commitment to Europe, and in particular the
attempt to build a strong and activist European Union while at the same time safe-
guarding French sovereignty. If there is a common theme that runs through all these
chapters, it is of a political system that has been the repository of old, independent and
often idiosyncratic traditions being forced to reinvent itself in response both to the
evolution of French society and to external constraints. That process of reinvention,
incomplete though it certainly is, may have made French politics somewhat less
‘exceptional’. It has certainly not made it any less interesting.
Further reading
A constitution is a set of rules governing the relationships between the various institu-
tions – most obviously the executive, the legislature and the judiciary – within a political
system, and (often through a bill of rights) between the political institutions proper and
the body of citizens. The rules are fundamental both in the sense that they govern the
basic conduct of a wide range of players and because they are harder to change than
the ordinary run of laws: amendments typically require reinforced majorities to be
passed, and possibly ratification by subnational government or even referendum. They
are usually codified (the United Kingdom is an exception in this respect), and may offer,
to the unwary, a guide to the locus of political power in a given state. They are certainly
a necessary part of any guide. But all constitutions are creatures of circumstance, and
all admit of more than one reading: it is revealing, for example, that Woodrow Wilson’s
Congressional Government and Arthur M. Schlesinger’s Imperial Presidency were about
the same country, the United States, and nearly the same constitution. The present
constitution of France is no exception to either rule. It aimed to establish the executive
leadership that the Fourth Republic had conspicuously failed to supply – a failure that
had brought the country to the brink of civil war by May 1958. By giving France not
one executive leader but two, however, it offered both limitless opportunities for debate
among constitutional specialists and a variety of possible practical applications.
• The ‘Debré constitution’ is most evident in the numerous articles reinforcing the
position of government and prime minister vis-à-vis parliament. While admiring
the Westminster model, Debré knew that no French premier could count on a
disciplined single-party parliamentary majority on the British pattern. He therefore
aimed to create constitutional substitutes for party discipline, drawing on some of
the principles of ‘rationalised parliamentarianism’ that had inspired the constitu-
tion of West Germany. Henceforth, the government would control the parlia-
mentary agenda. Governments would be able to refuse parliamentary amendments
to their own bills. They could only be voted out of office by a censure motion
carried by an absolute majority of all Deputies in the National Assembly. Such a
censure motion would also be necessary to refuse any specific bill that the govern-
ment chose to make into a question of confidence. Individual parliamentarians
would no longer be able to propose extra spending or tax cuts at will. The budget, if
not agreed by parliament, could be adopted by decree after seventy days of parlia-
mentary debate. Parliamentary sessions were restricted to a total of six months a
year, to be extended only by consent of president and prime minister. Limits were
placed on the (general) domains in which parliament could legislate, more specific
54 From Fourth to Fifth Republic
legal provisions being reserved for ministerial decrees. A Constitutional Council
was created, with the initial purpose of ensuring that parliament did not overstep
its new legislative powers. In order to limit parliamentarians’ appetites for govern-
mental office, ministerial posts were made incompatible with office as Deputy or
Senator. The prime minister was, for the first time, referred to as prime minister
(not, as under the Third and Fourth Republics, Président du conseil des ministres),
and given the clear role of ‘directing the work of the government’. Articles 20 to 51
of the new constitution were, in short, nails in the coffin of the French republican
tradition of parliamentary sovereignty.
• The ‘De Gaulle constitution’ appears, above all, in the fifteen articles concerning
the president of the Republic. The new head of state would no longer be chosen, as
his predecessors of the Third and Fourth Republics had been, by a joint session of
the two houses of parliament; instead, he would be elected by a college of some
80,000 parliamentarians and representatives of local councils from throughout
France and the French Community (as what remained of the empire was now
known). This provision, justified in the name of the separation of powers, was
designed to cut the umbilical cord between the president and parliament, and to
raise the quality of presidents above that of those worthy but second-rank parlia-
mentarians who had typically filled the office under the old system. The president’s
role was defined, broadly, as being to ‘ensure, by his arbitration [arbitrage], the
proper functioning of the public authorities and the continuity of the State’ and to
guarantee France’s ‘national independence, territorial integrity and observance of
treaties’. To fulfil the role as guarantor effectively, and to avoid the dispersal of
authority that had proved so fatal in 1940, the president was entitled to take sweep-
ing powers in any grave crisis (one of the relatively few constitutional provisions
included at the behest of the parliamentary consultative committee was that par-
liament should sit as of right when emergency powers were in force). The new
constitution also gave the president powers to intervene in internal politics in less
dramatic situations. The choice of prime minister was his (though at the behest of
the ministres d’État, the president enjoyed no corresponding right to sack his prem-
ier). He could dissolve the National Assembly and call new elections (and the
replacement of proportional representation by the two-ballot majority electoral
system, though adopted as a regular law rather than as an article of the constitu-
tion, increased the possibility of minor vote swings producing big changes in party
strengths in parliament). And, with the agreement of the government or parlia-
ment, he could call a referendum on questions relating to the ‘organisation of the
public authorities’ or the ratification of a treaty.
It is the juxtaposition of these two sets of rules that gives the constitution its unique,
and uniquely problematic, character. Comparative political scientists, beginning with
the Frenchman Maurice Duverger, have taken to referring to France as a semi-
presidential régime, one of a species including such European countries as Austria,
Finland, Iceland, Ireland and Portugal, as well as (more recently) Romania, Poland,
Russia, Ukraine and Moldova, as well as a number of South American, African and
Asian states. Within this general category, however, France still occupies an unusual
place by virtue of the distribution of political power within the executive. Ireland,
for example, has a directly elected but largely ceremonial president who leaves the
business of governing to the Taoiseach. In Russia, on the other hand, the president is
From Fourth to Fifth Republic 55
indubitably the nation’s political leader. But in the Fifth Republic, the central question
of any constitution – who rules? – is fudged. Is it the prime minister, who ‘directs the
operation of the government’, which itself ‘determines and conducts the policy of the
Nation’? Or is it the president of the Republic, who appoints the prime minister and
who can make a direct appeal to the voters by dissolution or by referendum? In more
detailed matters, too, the French Constitution of 1958 gives a sense of the world not of
Descartes but of Lewis Carroll. Article 15 reads ‘The President of the Republic shall be
commander-in-chief of the armed forces. He shall preside over the higher national
defence councils and committees.’ Yet Article 20 indicates that the government ‘shall
have at its disposal . . . the armed forces’, and Article 21 states that the prime minister
‘shall be responsible for national defence’. Article 13 gives the president the right to
appoint to certain military posts, while Article 21 empowers the prime minister to
appoint to others. In other words, in the crucial area of defence, powers are shared but
power is ill-defined. The constitution clearly establishes a diarchy at the top, a twin-
headed or bicephalous executive unique in Western democracies, but it does not clarify
the respective roles of president and prime minister. Such clarification was left to the
interplay of personality and political circumstance.
Some further definition, it is true, was given by the major constitutional amendment
of October 1962. This replaced, as the method of electing the president, the college of
80,000 notables with direct universal suffrage (on two ballots). Like the constitution it
amended, the change was born of a specific context. De Gaulle’s unique historical
legitimacy and the peculiar dangers of the Algerian war, far more than his election by
notables in December 1958, had established his presidential primacy during his first
three and a half years in office. Now, in the summer of 1962, he sought to perpetuate
that primacy for himself and his successors. The Algerian war was over, and with it a
sort of internal political truce: many leaders of the Fourth Republic parties were keen
to send the septuagenarian General into a retirement which he was in no hurry to begin.
The French Community had disappeared, and with it the danger that a directly elected
president would owe his position, not to metropolitan Frenchmen, but to colonials.
France’s explosion of an atom bomb in 1960 gave a terrifying new responsibility to
whoever ran the armed forces. De Gaulle’s relations with the notables of France’s local
councils had soured after the Senate, the upper house of parliament elected and
peopled entirely by such notables, had offered unexpected opposition to his policies.
The spread of television opened new possibilities for campaigning in a direct presiden-
tial election. Inspired by this combination of lofty rationales and base political calcula-
tion, de Gaulle seized the occasion offered by a botched assassination attempt (which
came close enough to success to remind the nation of his mortality, and thus of the
question of his successor’s designation) and invited the French people to adopt his
reform by referendum. They did so on 28 October 1962, albeit by a narrower margin
(62 per cent of voters, 46.6 per cent of registered electors) than in 1958. The consti-
tutional change gave no new powers to the president, but it nevertheless greatly
enhanced his power. From 1965, the date of the first direct presidential election, each
successive president could (and did) claim, through his unique position as the only élu
de la nation, directly elected by the whole French people, a democratic legitimacy at
least equal to that of the National Assembly. The political significance of the October
1962 reform cannot be overestimated, for it upset, in favour of the president, the uneasy
and ambiguous balance established in the 1958 constitution.
This was all the more the case as the following month saw the emergence of what
56 From Fourth to Fifth Republic
none of the constitution-makers of 1958 had imagined possible, a stable parliamentary
majority. A majority of Deputies of the National Assembly had opposed the 1962
constitutional revision for reasons both of substance (the Deputies rightly saw the
change as a threat to their own prerogatives) and of legality (de Gaulle was violating his
own constitution, since Article 89 requires amendments to be agreed by both houses of
parliament before referendum, rather than being submitted direct to the people). The
Deputies therefore took the most ready means of protest to hand, passing a motion of
censure against the government on 4 October. De Gaulle reacted by using his new
power to dissolve the Assembly and call new elections: he was rewarded, on 25 November
1962, with an absolute majority for the Gaullists and their allies. Stable majorities,
familiar to the British, were quite new to the French, accustomed as they were to what
David Goldey and Philip Williams have called the ‘shifting and shifty coalitions’ of the
Third and Fourth Republics. Le fait majoritaire became part of France’s ‘political
constitution’, never written into the texts but always underlying their application. And
for a quarter-century it, as much as the October amendment, enhanced presidential
power.
Crucial as they were to the subsequent workings of the Fifth Republic, the events
of autumn 1962 removed none of the possibilities of rich variation that were afforded
by the texts. Why this was so may be illustrated by reference to Figure 2.1, which
depicts the heart of the constitution of the Fifth Republic, as amended in 1962, and
Figure 2.2, which represents its electoral chronology, and presidents, prime ministers
and parliamentary majorities.
• The electorate may be asked by the president (usually in accordance with govern-
ment and parliament) to vote in referendums, of which there have been nine since
June 1958 (five of them under de Gaulle’s leadership). More regularly, voters have
two opportunities to choose their national rulers, at presidential and parliamentary
elections. But the two were not synchronised until 2000. A president, unless he
resigned (as de Gaulle did in 1969) or died in office (as his successor Georges
Pompidou did in 1974), enjoyed a septennat, a full, and indefinitely renewable,
seven-year term, longer than any comparable Western leader. A parliament, on the
other hand, lasted (and lasts) a maximum of five years (less, in the event of a
dissolution, as in 1962, 1968, 1981, 1988 and 1997). The constitutional reform of
September 2000 shortened the presidential term to five years starting from the
presidential election of 2002, and as this took place five weeks before parlia-
mentary elections, a degree of synchronisation can normally be expected in future.
On the other hand, voters will still be free in principle, as they were before the
reform, to choose whether or not to elect a president and a parliamentary majority
from the same political camp.
• The National Assembly majority may therefore be broadly supportive towards the
president (as in 1962–86, 1988–93 and 1995–97) or hostile (as in 1986–88, 1993–95
and 1997–2002). There are many lesser possibilities of variation too. A broadly
supportive National Assembly may contain a large single-party majority, as in
1968–73 or 1981–86, a deeply divided one, as in 1973–81, or no overall majority at
all, as in 1988–93. A hostile majority may be tiny, as in 1986–88, or very large, as in
1993–95.
• The prime minister and government are responsible to the National Assembly and
must therefore command a majority there (or at least, as in 1988–93, a plurality
From Fourth to Fifth Republic 57
Given the range of scenarios available on the basis of the same text, it is not surpris-
ing that the constitution itself has been subjected to different interpretations. These are
discussed in the rest of this chapter.
• sacked a prime minister (the absence of any constitutional provision for such an act
was circumvented by the ever-loyal Debré’s acceptance of the presidential request
for his resignation in April 1962);
• called a referendum, on the direct election of the president, under conditions of
more than dubious legality;
• reappointed a government that had just lost a no-confidence vote in the National
Assembly, in violation of the spirit of Article 50 of the constitution;
• dissolved parliament, exercising the right to do so granted in Article 12;
• won both the October referendum and the November parliamentary elections,
thereby extending his own primacy beyond the Algerian crisis, creating a basis of
legitimacy for his successors, and inaugurating le fait majoritaire.
De Gaulle turned the practice of presidential primacy into doctrine at his press
conference of January 1964 – days after a decree had palliated the constitutional ambi-
guities in defence questions by putting the president in charge of France’s new nuclear
deterrent. There could, de Gaulle declared, be no ‘diarchy’ at the summit of the French
state. He interpreted the profoundly ambiguous term arbitrage in Article 5 to mean,
not a neutral referee’s role suggested by the commonest use of the word arbitre, but
rather the much stronger role of arbiter of the nation’s destiny. Vested with this unique
responsibility, the president was the sole source of political authority – a reading
which, in principle, opened all domains of policy-making to presidential intervention.
De Gaulle’s assertiveness was echoed and exceeded by subsequent presidents. Pompi-
dou argued in his short book Le nœud gordien that de Gaulle’s successor would have
to be more interventionist than the General in order to preserve presidential primacy
while lacking de Gaulle’s unique legitimacy: his subsequent record in the job confirmed
his own prognosis. Giscard d’Estaing, having criticised de Gaulle’s ‘solitary exercise of
power’ while out of office, asserted his policy-making role as president by publicly
From Fourth to Fifth Republic 61
giving his governments six-monthly programmes of work. Most strikingly of all,
François Mitterrand, who had denounced the Fifth Republic in a celebrated pamphlet
of 1964 entitled Le Coup d’État permanent, admitted once in power that ‘these institu-
tions, which I did not create, suit me well enough’ – adding, more brutally, that ‘it is up
to me to decide in what areas the president should decide’. Far from being confined to
Chaban’s domaine réservé, presidential policy-making could extend to any sector.
Combining many of the powers of the American president (a secure term of office, and
for seven years not four) and of the British prime minister (a stable parliamentary
majority, and the right to dissolve), the French president appeared as more powerful,
within his own political system, than any Western leader: a ‘republican monarch’, in the
expression of French commentators.
A ‘parliamentary régime’
Debré’s presentation of the 1958 constitution as a ‘parliamentary régime’ was largely
forgotten as long as the presidential reading was confirmed by daily political practice.
Giscard d’Estaing first conceded the possibility of an alternative interpretation early
in 1978, when he reminded voters that if the Left won the elections due that March,
its programme would be applied; he could do nothing to stop it. But the Communist–
Socialist opposition aborted the experiment by losing. The issue only re-emerged
seriously after the Left itself, after its dazzling presidential and parliamentary victories
in 1981, had lost popular support and faced defeat at the 1986 parliamentary elections.
The debate then showed the absurdities to which a fully presidentialist view of
the constitution could lead. A number of commentators, citing the dubious precedent
of de Gaulle’s brusque departure after his defeat in the 1969 referendum, claimed that
the only course of action consistent with the ‘spirit’ of the constitution would be for
President Mitterrand to resign. Even the respectable former Prime Minister Raymond
Barre argued that a right-wing parliamentary majority should force Mitterrand out by
opposing any government, of whatever complexion, appointed by him. Seven years
later, as the Right prepared for its landslide parliamentary victory of 1993, similar
arguments were wheeled out: Jacques Chirac declared that Mitterrand would be
morally (though not, he conceded, constitutionally) bound to go. But curiously, Chirac
himself, once president, felt no such call of duty. In 1997 he chose to remain in the
Élysée after dissolving the National Assembly and seeing his right-wing majority crash
to defeat in the ensuing elections – a clear disavowal from the voters. By staying,
appointing a prime minister acceptable to the new majority and embarking on a period
of ‘cohabitation’, Chirac was acting consistently with both the letter of the constitution
and the practice of his predecessor Mitterrand. A parliamentary majority opposed
to the president, then, neither forces the president’s departure nor permits the continu-
ation of the republican monarchy. It therefore invites a dusting-off of the ‘parliamentary’
reading.
• The president’s role as the nation’s chief politician is severely circumscribed. His
power to choose the prime minister becomes largely formal; he is effectively obliged
to appoint the leader of the new parliamentary majority or another candidate
enjoying that leader’s support. His power to dissolve parliament, limited in any
case to once a year by the constitution, is also limited politically, since few presidents
would court two successive electoral defeats of their parliamentary supporters.
62 From Fourth to Fifth Republic
The power to call a referendum can only be exercised with the consent of the
government. Nevertheless, the president has more control than anyone else over the
political calendar.
• In domestic matters, the president’s role as chief policy-maker passes to the prime
minister. Unlike his American counterpart, France’s president has no veto: while
he can ask parliament to ‘reconsider’ a law (under Article 10), his request must have
the prime minister’s countersignature, and parliament is free in any case to vote the
same law again by a simple majority. The battery of dispositions in the 1958 consti-
tution limiting the powers of parliament now function to the exclusive benefit of
the prime minister and government. For example, the Right’s privatisations in
1986–88 and 1993–95, or the left-wing government’s laws to establish a 35-hour
week after 1997, were major domestic initiatives carried through in the face of
presidential opposition. The president may place minor technical obstacles in the
government’s path, as Mitterrand did when Chirac’s right-wing government
attempted to legislate by decree in 1986. And he may voice his disapproval in the
Council of Ministers, through the media, or both. But as long as the government’s
majority remains loyal, its domestic programme will be applied.
• The president retains a greater or lesser role in the domaine réservé, thanks notably
to his constitutional position as head of the armed forces, guarantor of the nation’s
territorial integrity and negotiator of treaties. But parliament votes the budget,
including defence spending; European affairs are a large and growing border zone
between foreign and domestic policy; and, as we have seen, the prime minister is
‘responsible for national defence’. So the domaine réservé cannot be fenced off.
Indeed, Édouard Balladur, prime minister from 1993 to 1995, redefined it as a
‘shared’ area, the domaine partagé. Despite regular disagreements between the
two heads of the executive, the broad consensus between Right and Left in France
over foreign and defence policies has prevented really damaging conflicts over
foreign or defence matters. The respective importance of president and prime min-
ister in these sectors depends very much on the political context of each cohabit-
ation. Mitterrand, for example, largely resisted Chirac’s attempted incursions,
but proved more flexible with Balladur, in part because of his own political and
physical weakness at the end of his second septennat.
• Other responsibilities, and notably the highly sensitive area of appointments to
senior posts in the civil service, the public sector and the military, are negotiated
more or less fiercely between president and prime minister.
As will be clear from the above, a ‘parliamentary’ reading does not mean a return to
an all-powerful parliament – as some Cassandras who saw the first cohabitation as a
‘return to the Fourth Republic’ predicted. Rather, it implies a partial and temporary
transfer of many presidential powers to the other chief of the political executive, the
prime minister, and to the government. How temporary depends on circumstance.
The first cohabitation was seen as a blip, an interruption to the norm of republican
monarchy. By the end of the third one in 2002, however, cohabitation represented
something more than an aberration, having accounted for nine of the Fifth Republic’s
forty-four years. The public had apparently grown more relaxed about it, too, at least
on the basis of opinion poll responses. But the experience of the first round of the 2002
presidential elections, when President Chirac and Prime Minister Jospin won a mere
35 per cent of the vote between them, suggested to the political elite that cohabitation
From Fourth to Fifth Republic 63
had damaged French democracy by blurring the lines of political conflict. And in any
case, the move to the five-year presidential term makes it very likely that voters in future
will choose their parliamentary majority in the wake of a presidential race: on each of
the three past occasions when this has happened (in 1981, 1988 and 2002), as well as in
1962, when the October referendum represented a vote of confidence in de Gaulle,
voters have opted for a legislature to support the president. On that basis, the return of
cohabitation is technically possible but politically improbable.
Further reading
Andrews, W. and Hoffman, S. (eds), The Fifth Republic at Twenty, Albany, NY, State University
of New York Press, 1981.
Bell, D., Presidential Power in Fifth Republic France, Oxford, Berg, 2000.
Duhamel, O., Vive la VIe République!, Paris, Éditions du Seuil, 2003.
Duhamel, O. and Parodi, J.-L. (eds), La constitution de la Ve République, Paris, Presses de la
Fondation Nationale des Sciences Politiques, 1985.
Duverger, M., Les constitutions de la France, 9th edition, Paris, Presses Universitaires de France
(collection Que Sais-Je?), 1971.
Duverger, M., La monarchie républicaine, Paris, Robert Laffont, 1974.
Fondation Charles-de-Gaulle, L’avènement de la Ve République: entre nouveauté et tradition,
Paris, Armand Colin, 1999.
Fontvielle-Alquier, F., Plaidoyer pour la IVe République, Paris, Robert Laffont, 1976.
Horne, A., A Savage War of Peace: Algeria 1954–1962, London, Macmillan, 1977.
McRae, D., Parliament, Parties, and Society in France, 1946–1958, New York, St Martin’s Press,
1967.
Pouvoirs, no. 76, 1996, ‘La IVe République’.
Revue de Droit Public, special issue, May–June 1998, ‘Les 40 ans de la Ve République’.
Williams, P. M., Crisis and Compromise: Politics in the Fourth Republic, London, Longman, 1964.
Williams, P. M., French Politicians and Elections, 1951–1969, Cambridge, Cambridge University
Press, 1971.
3 Presidents and prime ministers
The personal factor
The Fifth Republic was attacked by its early opponents as a régime of ‘personal power’.
This was inaccurate. As Olivier Duhamel observes, the institutions have worked in
broadly the same way under very different presidents (de Gaulle and early Mitterrand,
for example), but very differently, because of the change of parliamentary majority,
under the same president (Mitterrand 1981–86 versus Mitterrand 1986–88). But neither
presidents nor (with a few exceptions) prime ministers are mere vehicles of forces
external to themselves. Their vision of their own role and of France’s future has, at
least, marked their periods in office and, at most, led to lasting institutional change.
Prime ministers
Entrusted, according to the conventional wisdom of the Fifth Republic, with the
day-to-day running of the country, prime ministers have no call to display any personal
vision of France’s longer-term destiny. Some conform perfectly to this model. Neither
Maurice Couve de Murville, nor Pierre Messmer, nor Édith Cresson presented any
clear goal distinct from those of their masters. Of Chirac’s first, youthful, premiership
under Giscard, his adviser Marie-France Garaud later said ‘it wasn’t that you were a
bad prime minister, Jacques; you weren’t prime minister at all’. Juppé was a compar-
able, though not precisely similar, case. He enjoyed a broad delegation of powers from
Chirac, but partly because his views corresponded so closely to those of his president:
he said later that not even the most hostile observers had been able to put a cigarette
paper between them. The symbiosis between the two men is unique in the annals of
the Fifth Republic – with the result that Juppé’s lack of political sensitivity (he has
been referred to as ‘a computer without any politics software’) helped drag Chirac’s
popularity down as well as his own. Jean-Pierre Raffarin, the prime minister Chirac
chose after his re-election in 2002, lacked Juppé’s personal closeness to the president,
and was also unusual in having made his career largely in provincial France (as presi-
dent of the Poitou-Charentes regional council) rather than Paris. But he corres-
ponded, more or less, to the model of the self-effacing executant rather than the policy
entrepreneur.
Presidents and prime ministers 81
Table 3.2 Prime ministers of the Fifth Republic
Other prime ministers, by contrast, have had the opportunity to make more of
a personal impact, for one of two reasons. Either the president – whether out of a
conception of the most effective division of labour, or because of their own political
weakness, or both – allowed them to play a significant role; or he was forced, under
cohabitation, to concede the major policy-making role to his prime minister. In the
former category, Michel Debré used the full powers of the new Republic to resolve
questions which had proved beyond the reach of his predecessors, including subsidies
to Church schools and curbs on home-distilled spirits. The central priorities of
Pompidou’s premiership, to industrialise France and to build up the Gaullist party,
both received de Gaulle’s approval, the former wholeheartedly, the latter more guard-
edly. Chaban-Delmas gave a grandiose label – the ‘New Society’ – to diverse liberalising
reform plans. That provoked the displeasure of Pompidou, who found the tone too
vague, too left-wing and too presidential; but he supported his prime minister on many
of the concrete measures involved. Raymond Barre, appointed by Giscard as ‘the best
economist in France’, made a trademark of pursuing economic orthodoxy at the
expense of popularity, and won much respect for it – retrospectively, after his policies
had contributed to Giscard’s defeat. Mitterrand’s first prime minister, Pierre Mauroy,
represented a French version of Old Labour, his uniquely good relations with the
Communists helping to tie the Communist Party into the left-wing majority of 1981.
His successor, Laurent Fabius, appointed as the Communists left government, was the
opposite: young, technocratic, a symbol of the Left’s modernity more than of its social
conscience. Michel Rocard, the first prime minister of Mitterrand’s second term, was
chosen for his apparent ability to widen the left-wing majority towards the Centre. His
approach to policy, which became known as the méthode Rocard, involved widespread
consultation and consensus politics leading to long-term reforms. It won some signifi-
cant successes, notably a settlement in the troubled Pacific territory of New Caledonia,
but was also attacked from the Left, and by Mitterrand, for its apparent timidity. Pierre
82 Presidents and prime ministers
Bérégovoy was a Socialist converted to financial orthodoxy, a doctrine that dominated
his behaviour both as finance minister and, between 1992 and 1993, as premier. His
‘strong franc’ policy helped earn France the plaudits of the world financial press, not
usually prolix in its approval of socialist governments. It also laid him open to the
reproach of having lost sight of left-wing goals. That, and the more important accus-
ation that he had compromised his integrity by accepting a dubious loan from one of
Mitterrand’s lifelong associates, fuelled the depression that led to his suicide after the
Left’s defeat in 1993. Dominique de Villepin, like Bérégovoy, was appointed at a time
of great political weakness for the president: France had just voted no at the 2005
referendum on Europe. Initiatives such as tax reform, the easing of restrictions on
hiring and firing in small firms, and as an attempt to revive state-led industrial policy
and protect ‘strategic’ French firms like Danone from foreign takeover were identified
as de Villepin’s policies. The new decisiveness, even flamboyance, of the de Villepin style
(which had been most tellingly displayed in 2003, in a speech as foreign minister to the
United Nations against plans for war in Iraq) was a welcome change from his uninspir-
ing predecessor Raffarin and ensured a brief honeymoon period over the summer of
2005. How much of that popularity would survive the setbacks of the autumn – a series
of damaging strikes and the riots of November – and keep de Villepin as a credible
présidentiable – was of course uncertain.
Of the prime ministers under France’s three periods of cohabitation, the first,
Jacques Chirac, pledged himself to a wide-ranging programme of liberal economic
reforms in 1986, and was able to implement some of them. In some respects, for
example the privatisation programme, the Balladur premiership from 1993 to 1995 was
simply the continuation of this: Balladur had, after all, been in charge of economic
policy under the second Chirac government. But he also tried to conceptualise what he
called ‘le nouvel exemple français’, a way of reconciling the particularities to which the
French remain highly attached with the demands of the global marketplace.
The longest period of cohabitation corresponded to the premiership of Lionel Jospin.
With nearly five full years in office, Jospin was the Fifth Republic’s longest-serving
prime minister after Pompidou, and arguably the most powerful bar none. A Protestant
and an ÉNA graduate like Rocard, Jospin is unique among French premiers in having
made his political start in the ranks of the extreme left-wing Organisation Communiste
Internationaliste (OCI). Indeed, he first joined the Socialists as a Trotskyist mole, and
retained links with the OCI until 1987, by which time he had been the Socialists’ first
secretary for six years. But by then he had long since been turned, chiefly by Mitterrand,
into a loyal Socialist, retaining from the OCI a penchant for doctrinal rigour and auster-
ity that in any case sat well with his Protestant background. Education minister under
both Rocard and Cresson, Jospin was dropped from the government in 1992 and lost his
parliamentary seat in 1993. These setbacks proved to be blessings in disguise, dissociat-
ing him from the dark twilight of the later Mitterrand years and positioning him as a
credible candidate for the Socialists in 1995. His performance at this election – losing to
Chirac at the run-off, but nevertheless achieving a remarkable recovery for the Socialists,
with the best first-round score of any candidate – made Jospin easily the Left’s leading
politician. He used this position to build a triple alliance with Communists and Greens;
the construction of the gauche plurielle, as it was known, was sufficiently advanced to
secure victory at the 1997 parliamentary elections, with a National Assembly majority
for the Left as a whole and the premiership for Jospin.
Unlike Tony Blair, who had won the UK elections for Labour just a month earlier,
Presidents and prime ministers 83
Jospin was not interested in setting out a ‘third way’ between social democracy and
neo-liberalism. Rather, he aimed to show that social democratic policies could work in
an open, globalised economy. The record of his government in this light was impressive.
It included the 35-hour working week and universal health cover, benefiting those who
had so far fallen through the social security net. Small-scale changes to the tax and
welfare system redistributed income towards poorer groups, reinforced consumption
and ensured that France benefited from the European economic upturn following 1997;
unemployment dropped by nearly a million between 1997 and 2001. While the Jospin
government sold off shares of publicly-owned companies on a large scale, sales were
often limited to a minority stake and often ceded to the mutual sector, protecting the
firms from international markets. The policy record is matched by a political one: not
the least of Jospin’s achievements lay in maintaining a sense of common purpose in a
disparate government under the abnormal pressures of cohabitation. Significant fail-
ures, however, remained: the Jospin government neither took the opportunity offered
by strong growth to tackle France’s chronic public sector deficits, nor addressed the
nation’s serious pensions overhang. Higher-income groups, not the working class,
benefited most from the 35-hour week. Environmental measures remained low on the
agenda (a bill regulating France’s ever scarcer and more polluted water supplies failed
through lack of parliamentary time). And law and order, a growing preoccupation
throughout the electorate, remained the weak suit of the gauche plurielle. But Jospin’s
elimination from the 2002 presidential election after a first-round score of just 16.2 per
cent was due less to gaps in his record than to a poor campaign in an unfavourable
context. The context was unfavourable both economically – slower growth and rising
unemployment had demonstrated conclusively, by early 2002, that Jospin had not
engineered a lasting recovery – and politically: like Chirac before him in 1988, Jospin
faced the near-impossible task of holding the solidarity of a government coalition
together in the competitive context of a presidential election, when each candidate
seeks to maximise an individual score, at the expense of coalition allies; and of convert-
ing the record of a government, chiefly preoccupied with domestic affairs, into a plat-
form for national leadership, against a president with unlimited opportunities to tread
the world stage. To these were added a campaign that combined most of the errors
available in the circumstances.
On the evening of his defeat, Jospin announced his retirement from politics. He
did not quite keep his promise, and would turn up as an ‘ordinary activist’, rather in
the manner of Aircraftman Shaw, to (usually well-reported) meetings of the Socialist
Party in the 18th arrondissement of Paris. The voters, too, were unsure whether they
welcomed his departure: indeed, successive polls from 2003 placed him as the most
credible Socialist candidate. It would take a surprising turn of events for these brief
encounters to turn into a serious presidential candidacy; or, indeed, with a five-year
presidential term, for any prime minister to govern France for five years in a compar-
able context of cohabitation. Jospin’s therefore stands as a unique premiership, flawed
certainly, but nevertheless creative in many aspects and unlikely to be matched in the
post-2000 Republic.
Concluding remarks
Raymond Aron remarked of the defeated Giscard in 1981 that he had ‘forgotten that
History is tragic’. Each president has, of course, sought to exercise his authority to the
84 Presidents and prime ministers
full – to ‘go to the limits of his power’, in the words of Mitterrand at the start of
cohabitation in 1986 (and of Thucydides 2,400 years earlier). But every Fifth Republic
presidency to date has ended in public disenchantment or lassitude, physical dimin-
ution, or both; not for these men the elegantly timed departure or the serene retirement.
Presidents have been steadily less successful in achieving their goals: growing obstacles,
whether in the shape of a public opinion less inclined to be led from the front, or the
constraints of a European polity or a global economy, stand in the way of a heroic
presidency in the de Gaulle mould. Worse, they have, in times of cohabitation, had
to share the mantle of national leadership with prime ministers not of their choosing.
The relationship between presidents and prime ministers is at all times a complex one.
The elements that structure it are considered in Chapter 4.
Further reading
Bell, D., Presidential Power in Fifth Republic France, London, Routledge, 2000.
Cole, A., François Mitterrand: A Political Biography, London, Routledge, 1994.
de Gaulle, C., Memoirs of Hope, London, Weidenfeld and Nicolson, 1971.
Favier, P. and Martin-Roland, M., La décennie Mitterrand, 4 vols, Paris, Seuil, 1990–99.
Frears, J., France in the Giscard Presidency, London, Hurst, 1981.
Giscard d’Estaing, V., Deux Français sur trois, Flammarion (Livre de Poche), Paris, 1985.
Lacouture, J., De Gaulle, 3 vols, Paris, Seuil, 1984–86 (English translation, in 2 volumes,
HarperCollins, 1990).
Lacouture, J., Un destin de Français: François Mitterrand, 2 vols, Paris, Seuil, 1998.
Madelin, Philippe, Jacques Chirac, Paris, 2002.
Modern and Contemporary France, vol. 10, no. 3, August 2002: special issue on the Jospin
Government, 1997–2002.
Peyrefitte, A., C’était de Gaulle, 3 vols, Paris, Éditions de Fallois/Fayard, 1994–2000.
Pompidou, G., Le nœud gordien, Paris, Plon, 1974; Paris, Flammarion, 1984.
Roussel, E., Georges Pompidou, 2nd edition, Paris, Jean-Claude Lattès, 1994.
Williams, P. and Harrison, M., Politics and Society in de Gaulle’s Republic, London, Longman,
1971.
4 The sources of executive power
Constitutional resources 85
Administrative resources 91
President and prime minister: political resources 95
Concluding remarks 108
Further reading 108
The Constitution of the Fifth Republic reinforced both halves of France’s dual execu-
tive: the prime minister and government in straightforward ways, the presidency in
more complex and variable ways. These changes placed the relationship between presi-
dent and prime minister at the heart of the new executive. That relationship is an
unstable, volatile compound of competition (always), conflict (almost invariably) and
co-operation (even at the most conflictual of times). To an extent unparalleled in other
major democracies, the political situation affects the constitution’s basic workings,
and in particular the functions and the policy-making responsibilities of the two heads
of the executive. Their relationship is structured by the resources available to each:
both relatively fixed constitutional and administrative resources, and highly variable
political resources (especially the support of the parliamentary majority, or the lack of
it) which determine the usefulness of the others. This chapter will discuss the resources;
Chapter 5 will consider the results in terms of policy-making by president, prime
minister and government.
Constitutional resources
Though both president and prime minister wield power according to political circum-
stance, their powers remain grounded in the constitutional text.
• The prime minister proposes the members of his or her government for appoint-
ment by the president (Article 8). This task involves defining the government’s size
and the shape and responsibilities of ministries, as well as the choice of men and
women.
• Article 21 establishes the prime minister’s primacy over his or her ministerial
colleagues by stating that s/he ‘shall direct the operation of the Government’.
• The constitution also gives the prime minister specific powers that designate him or
her as more than primus inter pares among ministers. According to Article 21, s/he
may deputise for the president in chairing the Council of Ministers; s/he ‘shall be
responsible for national defence’, shall ‘ensure the implementation of legislation’
and ‘have power to make regulations’, signing (with the president, in the most
important cases) the decrees that implement legislation (about 1,500 decrees and
7,000–8,000 prime ministerial orders (arrêtés) every year, according to Philippe
Ardant); and ‘shall make appointments to civil and military posts’. Under Article
61, s/he may refer a bill to the Constitutional Council before its promulgation, a
right also enjoyed by the president of the Republic, the presidents of the two houses
of parliament, and sixty Deputies or sixty Senators, but by no other government
member.
• The constitution makes the prime minister the leading manager of government
business through parliament. Aside from the parliamentarians themselves, s/he is
the only possible initiator of legislation (Article 39) and of extraordinary sessions
of parliament (Article 29). It is the prime minister, under Article 49, who asks the
National Assembly (the lower house of parliament) for a vote of confidence in the
government, or makes a specific bill a question of confidence, which the Assembly
can only reject if an absolute majority of its members pass a vote of censure. It is
the prime minister, as head of the government, who wields the battery of consti-
tutional provisions designed to curb the activities of parliament: the request for
delegated legislation under Article 38, for example, or the procedure of the vote
bloqué (Article 44), under which parliament may be obliged to vote on the govern-
ment’s version of a bill. It is the prime minister, finally, who controls the complex
procedure under which bills are shuttled between the two houses of parliament
(National Assembly and Senate) for successive readings before an agreed version
(or failing that, the Assembly’s version) is passed.
The president
Clemenceau claimed that the Third Republic presidency was as useless as the prostate
gland; of Fourth Republic presidents it was said that their main task was opening
flower shows. Like all caricatures, such views combine exaggeration with accuracy. Both
Fourth Republic presidents, Vincent Auriol and René Coty, readily voiced strong views
on policy matters, and played a key role during the régime’s frequent government crises
(Coty, indeed, was instrumental in engineering de Gaulle’s return to power, and thus his
own premature departure from the scene). But in neither Republic did a president
exercise strong executive leadership for any length of time; indeed, with rare exceptions,
the parliamentarians who elected presidents kept strong figures out of the job; and
without strong figures, the president’s formal powers, hedged about with the require-
ment for the countersignature of the prime minister, or the presidents of the two houses
of parliament, or both, were worth little.
The Fifth Republic, together with the political context and the personalities
surrounding its foundation, changed that. The president’s role was now widely defined,
by Article 5; he was given certain completely new powers; other powers were trans-
formed by the removal of the need for any countersignature; still others were trans-
formed, first by the exceptional personal status of de Gaulle, and then by the enhanced
legitimacy of a directly elected president under the constitutional amendment of 1962.
• Article 5 states that the president ‘shall see that the Constitution is observed’, and
‘shall ensure, through his arbitration, the proper functioning of the public author-
ities and the continuity of the State’. It also makes him ‘the guarantor of national
independence, territorial integrity, and observance of treaties’. Vague though much
of this article is, successive presidents have regularly invoked their role as consti-
tutional guarantors, and de Gaulle was the first (but not the last) to give an activist
interpretation to the word ‘arbitration’.
• Of the president’s completely new powers, one resulted from de Gaulle’s determin-
ation to ensure adequate crisis leadership. Under Article 16, if France’s institu-
tions, territorial integrity or even treaty commitments are under ‘serious and
immediate threat’, the president may take ‘the measures required by the circum-
stances’. Article 16 may be invoked by the president without countersignature
(though it does include some limited safeguards, notably the right of parliament
to sit and for the Constitutional Council to be consulted on measures taken).
De Gaulle was given an early opportunity to use his emergency powers by the
‘generals’ putsch’ in Algiers in April 1961. He stretched them to the limit, though,
by keeping Article 16 in force for five months (the putsch had lasted less than a
week) and by taking the opportunity to sack or transfer army officers, policemen
and civil servants suspected of supporting the rebellion, to extend detention with-
out trial to fifteen days, and to set up a military court to try offences against state
security. Before he won the presidency, Mitterrand undertook to abolish Article 16.
He did not do so. But emergency powers have not been invoked since 1961.
• The other completely new presidential power, the right to call a referendum, arose
88 Sources of executive power
from de Gaulle’s concern to bypass unrepresentative parties (in other words, for his
adversaries, to prepare his own dictatorship). Under Article 11 of the 1958 text,
referendums were limited to questions concerning treaties and the ‘organisation of
the public authorities’, though an amendment of 1995 allowed them to cover
social, economic and public service issues too. They have also served political
purposes: to establish a direct line of communication between president and people
(especially under de Gaulle), to reinforce the unity of the governmental coalition,
to divide the political opposition. Article 11 may be invoked without the prime
minister’s countersignature; the constitutional requirement that a referendum
should be proposed to the president by the government or parliament has often
(though not always) meant in practice that the Council of Ministers is notified of
the presidential decision. Of the ten referendums since 1958, the first four – ratify-
ing the constitution itself in 1958 and amending it in 1962, as well as agreeing first
the ‘self-determination’ of Algeria (in 1961) and then its independence (in 1962) –
may be rated successes, with turnouts of at least 75 per cent and yes votes of at least
61 per cent. The other six were less kind to their initiators. The voters rejected
proposals to reform the Senate and the regions in April 1969, provoking de
Gaulle’s immediate resignation; a wafer-thin majority ratified the Maastricht
Treaty on European Union in September 1992; turnout was too low to indicate
clear public approval of the proposals put at referenda on the enlargement of the
European Community in April 1972, on the future of the troubled Pacific territory
of New Caledonia in November 1988, and above all on the five-year presidential
term in September 2000, when barely a quarter of the electorate cast a valid vote.
The referendum of May 2005 mobilised the French public, but chiefly against the
European constitutional treaty. Nearly 55 per cent of voters rejected the treaty,
delivering a further blow to Chirac’s already troubled presidential term and dem-
onstrating to him and to his successors the considerable risks entailed by this type
of consultation.
• Less spectacular among the president’s new powers, also requiring no countersig-
nature, are powers relating to the Constitutional Council: the right to refer bills
and treaties to it, and to appoint three out of its nine members, including its
president. Presidents have eschewed referring bills, preferring more indirect
methods of challenging legislation, though they have referred several treaties
signed by themselves, including Maastricht and the European constitutional treaty
of 2004, for verification. All presidents, on the other hand, have used the power of
nomination to place their friends on the Council. Of François Mitterrand’s two
appointments to its presidency, the first was his former justice minister, the liberal
Robert Badinter, and the second his former foreign minister, Roland Dumas (who
resigned from his post in March 2000 after being placed on charges of corruption).
Similarly, Chirac appointed a ‘historic’ Gaullist, Yves Guéna, to succeed Dumas,
and a Gaullist of his own generation, Pierre Mazeaud, to succeed Guéna (unlike
Guéna, Mazeaud has a significant background as a constitutionalist). The presi-
dent enjoys a similar right to appoint, without countersignature, one member
of the Higher Council of the Judiciary (indeed, all of its members before the
constitutional reform of 1993).
• More important in many ways than the president’s wholly new powers have been
long-standing ones now exercised with no required countersignature, and thus
freely, for the first time: to appoint the prime minister (under Article 8, Clause 1)
Sources of executive power 89
and to dissolve parliament (under Article 12, which limits dissolutions to one a
year). In prime ministerial appointments, successive presidents have made the most
of their freedom to make surprise choices: de Gaulle with Georges Pompidou in
1962 and Giscard with Raymond Barre in 1976 (surprises because they had never
held elective office), Mitterrand with Laurent Fabius in 1984 (a surprise because he
was only 37), and with Édith Cresson in 1992 (a surprise because she was a
woman). Moreover, the choice of prime minister is a preliminary to the appoint-
ment of the whole government, officially by the president on the prime minister’s
proposals, often by the president after the briefest of consultations with his prem-
ier. Presidents have also regularly used their right to dissolve parliament: de Gaulle
in 1962 and in the crisis of May 1968, Mitterrand after his election and re-election
in 1981 and 1988, Chirac, finally, in 1997. Their purpose, to win a favourable
parliamentary majority, has usually been well served by the two-ballot majority
electoral system which, unlike proportional representation, tends to produce large
swings in terms of seats and clear parliamentary majorities. The dissolutions
of 1962, 1968 and 1981 were all resounding successes; in 1988 Mitterrand saw
his Socialists returned to government, but only with a relative majority; in 1997,
however, Chirac managed to throw away the right-wing majority he already had,
opening the way for the appointment as prime minister of the Socialist Party leader
Lionel Jospin. The coincidence, since 2002, of five-year presidential and parlia-
mentary terms makes a future dissolution on the whole unlikely. But the threat of
such action may help to focus the loyalties of wayward parliamentarians.
• The president does not set foot in parliament and, unlike his American counter-
part, has no legislative veto. Nevertheless, he has a real if indirect role in the
legislative process. He chairs the Council of Ministers (Article 9), like his predeces-
sors of the Third and Fourth Republics, and may do so more actively than they. He
may request the ‘reconsideration’ of laws passed by the parliament (Article 10),
though as a simple majority remains sufficient to carry any resulting vote, this right
is rarely invoked. He may put a legislative proposal to referendum. He signs
ordonnances (that is, primary legislation delegated to the government by parlia-
ment) and decrees (which implement primary legislation) under Article 13 – though
the constitution does not state whether he may refuse to do so. Extraordinary
parliamentary sessions are summoned by the president, at the request of the prime
minister or a majority of members of the National Assembly (Article 30). Under
Article 61, the president may refer bills or treaties to the Constitutional Council,
though, as we have seen, this right has only been used for treaties to date. The
president is also guaranteed a role in any plan for constitutional amendment. He
may initiate such amendments (as may members of parliament). He decides, under
Article 89, whether an amendment should be adopted by a joint meeting of the two
houses of parliament (where a three-fifths majority is necessary), or whether it
should go to referendum. And he has a potential right to block any amendment he
feels to be wholly inconsistent with the spirit of France’s institutions, of which,
under Article 5, he is the guarantor. Finally, he may communicate with parliament
by means of messages. Taken together, these provisions ensure that even a hostile
parliamentary majority cannot wholly ignore the president’s views.
• Other presidential powers were held by Fourth Republic presidents but have been
transformed by a more active use that de Gaulle and his successors have been able
to make of them thanks to their enhanced legitimacy and to the blanket provisions
90 Sources of executive power
of Article 5. The chairmanship of the Council of Ministers has already been
mentioned. Fifth Republic presidents have the right to make key appointments,
though these do require ministerial countersignatures. The constitution (Article 13)
specifically mentions ambassadors, members of the Conseil d’État, the Grand
Chancellor of the Légion d’Honneur, prefects and government representatives in
French overseas territories, rectors of academies (the heads of the state education
system in the provinces), ambassadors and special envoys, senior members of the
Cour des Comptes, and directeurs d’administration centrale (heads of divisions in
the ministries), as being appointed by the president in the Council of Ministers.
This list, though, is not exhaustive, and in practice the president may propose
candidates for a wide range of other state or public-sector posts, for example public
prosecutors, secret service chiefs, senior broadcasting chiefs or heads of France’s
remaining nationalised industries and public utilities. Few of these requests are
refused. In some cases even ministerial cabinets, in principle in the personal gift of
ministers or of the prime minister, have been subject to presidential influence.
Finally, and very importantly, presidents have expanded, through an activist
interpretation inaugurated by de Gaulle, their roles in receiving and accrediting
ambassadors (Article 14), as head of the armed forces and chairman of the
key national defence committees (Article 15), and as chief negotiator of treaties
(Article 52). These, together with the president’s responsibilities for France’s terri-
torial integrity under Article 5, are a constitutional basis for the leading foreign
and defence role played by all presidents.
• A final ‘constitutional’ resource relates to the president’s role as France’s represen-
tative on the European Council. Though initially conceived (from 1974) as a regu-
lar informal gathering of Europe’s heads of state and government, the European
Council soon acquired a more clearly defined leadership role, defined ex post facto
by the 2004 European constitutional treaty: ‘The European Council shall provide
the Union with the necessary impetus for its development and shall define the
general political directions and priorities thereof.’ Even in the most unfavourable
domestic political context, therefore, a French president participates in the setting
of the European Union’s policy framework – and thus, indirectly, in the definition
of policies and legislation which affect all member states, including France.
Jean-Luc Parodi remarks that presidential power is reinforced under the Fifth
Republic not so much by new powers considered individually as by their cumulative
effect: the combination, for example, of the legitimacy flowing from direct election
with the right to appoint a prime minister and the right to dissolve parliament. Parodi
also, however, includes the majority electoral system – a key part of the institutional
structure, but not a part of the constitutional text – in his explanation of presidential
power; for it is this that allows the president to entertain realistic hopes of a favourable
parliamentary majority when he uses the right of dissolution. That underlines the
dependence of presidential power upon such a majority. When the majority is favour-
able, the president can, as it were, manipulate the government machine from outside.
When it is not, however, his power to do so is very limited, not least because the heart of
France’s administrative machine has never been in the Élysée, but at Matignon.
Sources of executive power 91
Administrative resources
If more means better, then the advantage in staffing lies with Matignon, the prime
minister’s office. Matignon is at all times the centre of the government machinery. What
varies is the president’s ability to use his own much smaller staff, as well as his wider
networks of support, to penetrate it.
• Conseils restreints are meetings of small groups of ministers, convened and chaired
by the president to discuss a specific issue. In the early Mitterrand years, when
presidential interventionism was at its height, there were as many as 100 conseils
restreints a year. The minimum annual figure, though, is nearer twenty.
• The prime minister chairs a small number of comités interministériels, whether
formally constituted (such as the committees on urban affairs and regional plan-
ning) or organised ad hoc to decide specific questions between a limited group of
ministers: there were 118 such meetings in 1961, 121 in 1971, 120 in 1982, 57 in
1983, 51 in 1984 but only 20 in 1985, since when the total has varied between 20 and
40. Comités interministériels are most regularly used for the prime minister to make
his final decisions on the budget before it goes to parliament.
• The bulk of the co-ordinating work takes place in the réunions interministérielles,
which are ad hoc meetings of members of ministerial cabinets. Their number grew
from 142 in 1961 to a peak of 1,836 in 1982, and ran at some 1,400 a year under the
Jospin premiership.
Both comités interministériels and réunions interministérielles are run by the two key
components of the Matignon machine: the General Secretariat of the Government,
responsible for administrative co-ordination, and the more political cabinet of the
prime minister. The General Secretariat of the Government, founded in 1935, is
manned by some forty to fifty senior civil servants, and is the rough equivalent of the
British Cabinet Office. It is headed by a secretary-general, a high-ranking civil servant
usually from the Conseil d’État. There have been just eight holders of the office since
1944, an indication of the political neutrality and continuity associated with the post
92 Sources of executive power
(only one, a secretary-general of declared Socialist sympathies, has been replaced
for political reasons, by Jacques Chirac when he became prime minister in 1986).
The General Secretariat prepares all ministerial meetings (even those chaired by the
president of the Republic, from the Council of Ministers down). Its members assist at
such meetings and take their minutes (for example, the so-called bleus de Matignon
which record the decisions taken, as well as those left outstanding, at each réunion
interministérielle). They supply advice on questions of administrative law, ensure that
decisions are translated into administrative action, guide their administrative passage
into law and ensure their implementation. The General Secretariat also co-ordinates the
vast array of administrative agencies (from the Atomic Energy Commissariat to the
High Council on Horses) which are under the prime minister’s direct authority.
The prime minister is also assisted by junior ministers attached to his or her office,
usually numbering three or four. Usually more important, however, is the role of the
prime minister’s cabinet. Like a typical ministerial staff, the prime minister’s cabinet is
composed of young, able, politically sympathetic civil servants with a sprinkling of
close political friends. But it is larger (at up to 100 members, including the unofficial
advisers) and has more to do. Its members are the prime minister’s eyes and ears: they
are expected to build networks around their area of specialisation, both within the
ministry concerned and in the relevant interest groups and political parties, in order to
maintain a constant supply of high-grade information. It is they who chair the réunions
interministérielles, and who maintain the day-to-day pressure on their counterparts in
ministerial cabinets to press policy forward. They prepare the ground for major policy
initiatives by the prime minister. Some of them also undertake more wholly political
tasks: speech-writing, preparing the presentation of policy, or servicing the prime
minister’s parliamentary constituency. They are headed by a directeur de cabinet, the
chief manager of interministerial co-ordination: it is he who chairs weekly meetings
of the directeurs de cabinet of all ministries, plans the programme of réunions intermin-
istérielles and chairs the most important of them, and maps out the agenda for
government bills in parliament. The directeur de cabinet usually, though not always, has
a further crucial role as the prime minister’s chief political adviser.
The growing influence of the prime minister’s cabinet was a major institutional
innovation of the Fifth Republic. As such it has been criticised as constituting a parallel
government. The style of overt, ruthless interventionism set by Michel Debré’s cabinet
has been imitated by many, though not all, of its successors of both Right and Left:
relations between individual ministers and their opposite members in the Matignon
cabinet often involve intense competition for control of policy-making. Under Chirac’s
1986–88 government, for example, the very right-wing higher education adviser, Yves
Durand, initiated, against the opposition of the higher education minister, a university
reform that provoked enormous student demonstrations and ultimately the resignation
of the hapless minister. Chirac’s successor, the Socialist Michel Rocard, recruited a
cabinet described by President Mitterrand as ‘men without pity . . . barbarians’. The
activism of Alain Juppé’s cabinet between 1995 and 1997, combined with the low
calibre of many of his ministers, helped to concentrate the burden of policy-making,
and thence the intense unpopularity of his government, on the person of the prime
minister. Olivier Schrameck, the directeur de cabinet under Jospin, wrote a book on
ministerial cabinets two years before his appointment, and came to Matignon with
rigorous ideas about how to organise them: no ‘unofficial advisers’ (Jospin’s cabinet was
limited to about fifty members, all official), a clear hierarchy (Schrameck’s ascendancy,
Sources of executive power 93
and role as arbiter of many second-level policy decisions, were clear from the start) and
no impinging on the political responsibilities of ministers. These laudable rules do not
appear to have been fully respected. One of the complaints of Jean-Pierre Chevènement
was that devolution plans for Corsica – the issue on which he resigned as interior
minister in August 2000 – had been prepared behind his back by Matignon insiders
such as Alain Christnacht. At the same time, however, it is unlikely that this would have
been possible if the cabinet members had not had the full backing of a prime minister
who was determined not to leave the Corsican question in the sole hands of the Interior
Ministry.
Two other important co-ordinating bodies under the prime minister’s responsibility
deserve mention. One is the General Secretariat for National Defence, numbering some
250 officials and responsible for a range of defence-related issues including the prepar-
ation of meetings of the High Council of Defence (chaired by the president), intermin-
isterial co-ordination on defence issues, strategic planning, and the management and
protection of defence secrets. The other is the secretariat for European affairs, or SGAE
(Secrétariat Général des Affaires Européennes, formerly the SGCI, or Secrétariat
Général du Comité Interministériel pour les questions de coopération économique
européenne), charged with co-ordinating France’s positions in day-to-day European
affairs and issuing instructions to the French permanent representation in Brussels.
Each of these bodies, as well as the General Secretariat of the Government, though
technically under the prime minister’s authority, are in practice responsible to the
president as well, whether because the president chairs the bodies they service (the
Council of Ministers and the High Council of Defence) or because of the key presidential
role in European affairs.
When the various administrative agencies, as well as a small military cabinet (which
does not change with the government), are added to these bodies, the total prime
ministerial staff numbers over 5,000. It serves a prime minister directly responsible for
the progress of government business and able, in principle, to intervene at every stage of
policy-making. Everything lands on the prime minister’s desk. This is not, however, an
unmixed blessing. Chaban-Delmas described his period at Matignon as ‘two hundred
weeks of work, six days a week, fifteen hours a day’. Part of this effort is certainly
entailed by the need to co-ordinate, and on occasion fight battles with, the president’s
office. It is a physically exhausting burden which makes it hard for a prime minister,
even with able assistants, to rise above the day-to-day pressure of events. The president,
by contrast, can afford to be more selective.
The Élysée
While Matignon is palpably a hive of activity surrounded by an intense traffic of people
and vehicles, the visitor to the president’s residence in the Élysée palace (the château, as
it is known to insiders) may well hear no sound louder than the crunching of his or her
own feet on the gravel as they cross the courtyard. Under the Fourth Republic, the
political staff at the Élysée numbered about ten, along with a military household of
four. De Gaulle doubled this total: an increase that in no way reflected the vast growth
of presidential power. Since 1959 the military staff, which has a specific and limited
sphere of competence, has never numbered more than thirteen, the civilian political
staff never more than forty (and at times as few as eighteen). More uncertain is the size
of the off-budget presidential staff. A Socialist Deputy, Armand Dosière, claimed in
94 Sources of executive power
2004 that no fewer than 714 staffers were seconded to the Élysée from ministries –
65 per cent of them from Defence and 13 per cent from Culture. The Élysée has denied
these assertions. What is certain is that no president has wanted a very large full-time
establishment. Derisory as the figures for full-time staff may appear compared to the
personnel available to the White House, they suffice to meet what are seen as limited
needs for, as we have seen, the essential work of governmental co-ordination is done
from Matignon.
The precise organisation of the civilian staff varies between presidencies, but it is
generally divided into two, the cabinet and the General Secretariat of the presidency
(not to be confused with the General Secretariat of the government). A third element,
the General Secretariat for African Affairs, was created by de Gaulle, reflecting
France’s recent colonial past, headed by the shadowy Gaullist baron Jacques Foccart,
but wound up after Pompidou’s death in 1974. The cabinet has a generally limited role,
managing the president’s diary and travels within and outside France. The General
Secretariat is therefore the largest and the most important component of the Élysée
staff. It includes three types of adviser, grouped, under Chirac, into three ‘cells’: the
politiques proper, entrusted with relations with the president’s party and its allies,
and with the president’s political and communications strategies; a small foreign
policy group, consisting (in 2000) of four diplomats; and the internal policy group,
with experts corresponding to the main ministries. The head of the Élysée staff is the
secretary-general. He is, in the first place, an administrative co-ordinator, preparing
the weekly Council of Ministers agenda in tandem with the secretary-general of the
government and managing the staff (Chirac’s secretaries-general, Dominique
Galouzeau de Villepin till 2002, Philippe Bas from 2002 to 2005, and Frédéric Salat-
Baroux since May 2005, have held daily meetings with the whole staff). He is also,
usually, a more political animal as well. Both de Villepin and his predecessor under
Mitterrand, Hubert Védrine, have been career diplomats, illustrating the combination
of political sensitivity and discretion required of the secretary-general. At the very
least, he is the final screen between the president and the outside world: the ‘eyes, ears
and arms’ of an absent president, in Jean Gicquel’s words, and the daily interlocutor of
a present one. The fact that three out of five presidents have suffered significant medical
problems – de Gaulle with a prostate operation, and Pompidou and Mitterrand with
the cancers that killed them – underlines one aspect of the secretary-general’s role. The
secretary-general is also, usually, one of the president’s three or four most important
political advisers, and has often assumed a higher profile in recent years than that of the
rather self-effacing holders of the office under de Gaulle. Since de Gaulle’s departure,
indeed, three former secretaries-general of the Élysée (Édouard Balladur, Pierre
Bérégovoy and Dominique de Villepin) have become prime ministers; four (Michel
Jobert, Jean François-Poncet, Hubert Védrine and Dominique de Villepin) have
become foreign ministers. Jean-Louis Bianco became minister for social affairs in 1992
after a decade in charge of the Élysée staff; Philippe Bas also moved to Social Affairs,
though at a more junior level, in May 2005.
Like many of their Matignon counterparts, most of the Élysée staff are both
members of the grands corps, the most prestigious divisions of the civil service, and
graduates of the highly competitive grandes écoles, which train most of France’s
administrative elite (and indeed most of the nation’s political and business elites as
well). These two qualifications are considered to guarantee quickness of mind and
familiarity with the workings of the state. They also assist networking, a practice as
Sources of executive power 95
essential at the Élysée as at Matignon. But the choice of Élysée staffers is also very
personal to the president: the appointments by Mitterrand of his own son (Jean-
Christophe Mitterrand, or ‘Papamadit’ as he was soon known in African capitals) as
adviser on African affairs, and by Chirac of his daughter Claude as communications
adviser, are only the most extreme instances of this. It is not surprising, then, that the
most influential advisers are not always the highest placed in the hierarchy. De Gaulle’s
foremost political adviser was not any of the three secretaries-general who served him,
but Foccart. Under Pompidou, the ultra-conservative Pierre Juillet had an official
status as a special presidential adviser outside the staff hierarchy. Under Giscard, any
one of half a dozen staffers were said to be as influential as the secretary-general.
Mitterrand’s secretaries-general, Bérégovoy (1981–82), Bianco (1982–92) and Védrine
(1992–95), had to vie for influence both with the official special adviser, Jacques Attali,
and with a variety of unofficial advisers, or visiteurs du soir as Prime Minister Pierre
Mauroy ironically called them: Roger-Patrice Pelat, the millionaire businessman who
had known Mitterrand since their days as prisoners of war together in Germany (and
who died in 1989, three weeks after being charged with insider dealing offences);
Roland Dumas, Mitterrand’s former lawyer (who became foreign minister in 1984 and
was president of the Constitutional Council from 1995 until his constrained resignation
in March 2000); or François de Grossouvre (who committed suicide in his Élysée office
after being slowly downgraded to the post of Master of the Presidential Hunts). Only
under Chirac, perhaps, did the secretary-general until 2002, Dominique de Villepin,
have the reputation of being the single most influential adviser.
While the Élysée staff are many fewer than their Matignon counterparts, they
share some of the functions of the Matignon cabinet: as suppliers of information via
well-constructed networks (in this their efforts complement the more discreet ones of
the secret services, as well as the gleanings of the illegal telephone-taps in which all
presidents have indulged), as technical and political advisers, as speech-writers and
communications consultants. The Élysée staff have also been attacked for wielding
power without responsibility. Chaban-Delmas ascribed his own removal from Matignon
in 1972 to the malign influence on Pompidou of the ‘devilish duo’, Pierre Juillet and
Marie-France Garaud (who had taken to producing regular notes on ‘How to annoy
Chaban today’). More recently, Villepin was blamed both for Chirac’s decision to
dissolve the National Assembly in April 1997 and for the president’s erratic treatment
of his own party thereafter. Such views are exaggerated. Élysée staffers have no formal
decision-making powers (their Matignon counterparts at least have a formal role in
réunions interministérielles). While they are consulted on everything, they are seldom
the only people consulted on anything; there are too few of them to be able to deter-
mine, or even affect, more than a few decisions; and their advice is not always followed
(Juillet, for example, would retire to his sheep farm in the hills of the Creuse when he
felt that his views were not receiving the presidential attention they merited). The power
of the Élysée staff also, of course, depends on their ability to engage with the govern-
ment machine; and this in turn is conditioned by the president’s possession or lack of
political resources.
Source: average of monthly positive minus negative opinions, calculated from SOFRES website, http://
www.tns-sofres.com/archives_pol.htm
Source: average of monthly positive minus negative opinions, calculated from SOFRES website, http://
www.tns-sofres.com/archives_pol.htm
100 Sources of executive power
trend observable for prime ministers. More directly linked to the grubby details of
unpopular policies, prime ministers outside cohabitation often serve to shield presi-
dents from the voters’ hostility. This has been true, for example, of Debré under de
Gaulle, of Barre for Giscard and most recently of Raffarin for Chirac. Such prime
ministers, moreover, are no masters of their term of office: presidents regularly dismiss
them when they have outlived their usefulness – and with their unpopularity intact. On
the other hand, some prime ministers have been capable of establishing their own basis
of public support independent of the presidents who appointed them. This was true
of Rocard, whose popularity matched Mitterrand’s (much to the latter’s irritation)
during his three-year premiership, and of two of the three cohabitation prime ministers,
Balladur and Jospin.
Popularity is, nevertheless, the most relative of political resources and the hardest to
convert into tangible successes. It is relative in relation both to the political opposition
(or to competitors within one’s own camp) and to the electoral calendar. To take two
recent examples, Juppé was politically paralysed within less than a year of his appoint-
ment by his deep unpopularity during a pre-election period; Raffarin, his successor but
one, though almost equally disliked by the public, survived and launched cautious
reform projects because the voters’ sanction was further off (although by the time
of his resignation in May 2005, with levels of unpopularity now matching those of
Juppé or Cresson, he was politically played out). Moreover, election results have
shown that popularity does not readily translate into votes. Of the three most popular
prime ministers in the list on Table 4.2, none even reached the second ballot of a
presidential election; Rocard never even tried the first (the legion of highly popular
non-présidentiables also includes the two health ministers Simone Veil and Bernard
Kouchner). And it was Chirac, not the ‘more popular’ Jospin, who won the 2002
presidential elections. Balladur was attacked for courting popularity too deliberately,
and postponing necessary reforms; Juppé for his indifference to public opinion in
engaging them. The issue of popularities highlights the idiosyncracies of the French
case: their embedding within both the competitive relationship of president and prime
minister (during and outside cohabitation) and an uncertain electoral calendar which
rarely left more than two or three years before allowing the voters to make a new choice.
In principle, the switch to a five-year presidential term may open the curtain on a more
conventional four-to-five-year democratic rhythm, in which a newly elected government
spends much of its early capital of support in controversial reforms, suffers mid term
setbacks, but seeks to regain the voters’ favours in time to be returned to office; but it is
now hard to fit the record since 2002 into this pattern.
The sixth political resource is the support of a majority coalition and (normally)
of the leading party within it. The links of mutual dependence that bind the president
to the parliamentary majority have been a central feature of Fifth Republic politics
before 1986, from 1988 to 1993, from 1995 to 1997, and since 2002. The president needs
the parliamentary majority to enact legislation; the majority normally looks to the
president as its political locomotive. The severance of these links, and the transfer of
majority support to the exclusive benefit of the prime minister, have defined the periods
of cohabitation, from 1986 to 1988, 1993 to 1995, and 1997 to 2002. Control of the
majority is the most decisive resource because its possession conditions the use of
virtually all others.
The constitution-makers did not foresee it thus. De Gaulle wanted a presidency
‘above parties’. Newly elected presidents display an outward respect for his wish by
Sources of executive power 101
shedding any party offices they may have held before polling day, the better to don the
mantle of president of all the French. The reality, though, is that a president will have
needed the solid backing of his own party to reach the second ballot of the presidential
election, and the support of a coalition beyond his own party to win. Thus Pompidou
had both built up a strong Gaullist party under his leadership, and established good
relations with some of the centrists, before his election in 1969. Mitterrand’s victory in
1981 crowned a long-term strategy based on the relaunch (under his leadership) of the
Socialist Party ten years earlier and on an alliance with the reluctant Communists.
Chirac, similarly, used a relaunched Gaullist party and an alliance with the non-
Gaullist moderate Right to further his long march to the Élysée (and a reconstructed
moderate right-wing party, the UMP, to back his re-election campaign in 2002). The
other two presidents were the exceptions that proved the rule, though in very different
ways. De Gaulle’s attempt to pitch his presidential campaign ‘above parties’ in 1965 led
to a disappointing first ballot, after which the Gaullist party entered the fray on his
behalf. Giscard won the presidency at the head of a small party, his Républicains
Indépendants. This was the only occasion on which the president’s party has been the
smaller partner within the majority coalition. The organisational and electoral weak-
ness of the RI, and Giscard’s inability to achieve a satisfactory relationship with the
larger Gaullist party, blighted his presidency and contributed to his defeat in 1981.
Table 4.3 presents the level and type of majority support available to presidents
throughout the Fifth Republic. On the most basic level, this ranges from the four
parliaments in which the president’s party has held an absolute majority (‘Type 1’) –
though even then it has always shared power in a coalition with one or more smaller
groupings – to the opposite extreme, when the parliamentary majority is opposed to the
president (Types 6 and 7). While the domination of the National Assembly by friendly
forces is certainly an important asset for any president (and its absence, as the Giscard
case (Type 4) shows, a distinct handicap), it is by no means a guarantee of an easy ride,
for neither the loyalty of the president’s party nor a forteriori that of his coalition are
automatic. Table 4.3 therefore suggests other factors affecting party support for the
president. Presidents who are expected to run for re-election command more loyalty
than those who do not; of these, presidents who are popular and expected to win attract
more support than those about whom there are doubts (in fact only one incumbent who
has sought re-election, Giscard in 1981, has failed to secure it; none has yet been
defeated by a competitor from within his own camp). At the same time, parties and
coalitions may be hard to manage, not because they become the focus of competing
presidential ambitions for the future, but because they bear the scars of the past: the
trauma of de Gaulle’s departure in 1969, for example, or that of Chirac/Balladur
competition in 1995. Fourth, the order and offensiveness of the opposition may also
affect the cohesion and loyalty of the majority. Even when these elements are taken into
account, however, the loyalty of parties and coalitions to the president is subject to
circumstance. The Algerian war and de Gaulle’s unique usefulness at a time of acute
national crisis were crucial assets in managing the disparate, shifting majorities of
1958–62. On the other hand, the big Gaullist majority returned in June 1968 was very
hard to manage. This was true in de Gaulle’s last nine months, because of the wide-
spread perception that he had managed the ‘events’ of May 1968 less well than had his
prime minister Pompidou; opposition from within the ranks of the Right lost the
General his last referendum in 1969. It was then true under Pompidou, because
many Gaullists felt an obscure sense of betrayal after the General’s departure. More
Table 4.3 Party and majority support for presidents under the Fifth Republic
President and period Parliamentary President to stand President’s Unity of majority Opposition Observations
majority for re-election? popularity party/coalition
de Gaulle 1968–69 Type 1: Overall No: de Gaulle Damaged Mediocre Weak and divided de Gaulle
National Assembly aged 75 in 1965 weakened after
majority for May 1968;
president’s party Pompidou
(but other parties appears a viable
still in majority alternative for
coalition) conservatives
Pompidou 1969–73 Type 1: Overall Uncertain Generally good Mediocre Increasingly credible Gaullists
National (Pompidou after 1972 factionalised
Assembly visibly ill from after de Gaulle’s
majority for 1972) departure and (in
president’s party 1970) death
(but other
parties still in
majority
coalition)
Mitterrand 1981–86 Type 1: Overall Probable, but Good to 1983, Socialists cohesive; Increasingly credible Left’s popularity
National Assembly parliamentary then mediocre to Communists out after 1982 dips in 1983–85,
majority for elections to poor of coalition from recovers partially
president’s party precede 1984 by 1986
(but other parties presidential
still in majority election
coalition)
Chirac 2002– Type 1: Overall Uncertain Mediocre Mediocre Credible Chirac faces
National Assembly (Chirac aged 70 in eligible younger
majority for 2002) competitor,
president’s party within own
(but other parties camp, in Nicolas
still in majority Sarkozy
coalition)
de Gaulle 1962–68 Type 2: Overall Yes (to 1965), no Generally good Good, though Divided Gaullist
majority for (post-1965) some coalition ascendancy;
president’s coalition: difficulties unprecedented
president’s party the between Gaullists/ government
‘majority of the Giscardians stability
majority’
Pompidou 1973–74 Type 2: Overall No: Pompidou’s Generally good Mediocre Credible Uncertainty in
majority for illness known view of
president’s from 1972 Pompidou’s
coalition: failing health
president’s party
the ‘majority of
the majority’
Chirac 1995–97 Type 2: Overall Probable, but Generally poor Mediocre in both Credible Majority party
majority for parliamentary majority parties divided by legacy
president’s elections to of Chirac/
coalition: precede Balladur contest
president’s party presidential in 1995
the ‘majority election presidential
of the majority’ election
Giscard 1974–81 Type 3: Overall Probable (Giscard Generally Poor, and non- Broadly credible, Increasingly
majority for aged 55 in 1981) positive, but with Gaullist moderate though divided after bitter rivalry
president’s dips in 1976–77 Right only 1977 between
coalition: and 1980–81 federated into Gaullists and
president’s party UDF in 1978 Giscardians
the ‘minority
of the majority’
Mitterrand 1988–93 Type 4: President’s No (Mitterrand Good to 1991, Poor Credible from 1991 Majority party
coalition a few seats aged 75 in 1991) then poor factionalised in
short of absolute view of
majority impending
succession to
Mitterrand
(Continued overleaf)
Table 4.3 Continued
President and period Parliamentary President to stand President’s Unity of majority Opposition Observations
majority for re-election? popularity party/coalition
de Gaulle 1958–62 Type 5: No overall Uncertain (de Good Mediocre Weak and divided Algerian crisis
majority: president’s Gaulle aged 70 in serves as cement
party strongest in 1960) for potentially
Assembly undisciplined
majority
Mitterrand 1986–88 Type 6: Narrow Probable Good Limited Credible, loyal to Impending
(Cohabitation with overall majority president presidential
Chirac) opposed to the election damages
president unity of right-
wing majority;
cohesion
maintained in
parliamentary
votes
Mitterrand 1993–95 Type 7: Clear overall No (Mitterrand Poor Good but Weak, divided, and Right-wing
(Cohabitation with majority opposed to aged 75 in 1991, declining by 1995 increasingly distant majority
Balladur) the president and illness public from president increasingly
from 1992) divided by
Chirac/Balladur
rivalry
Chirac 1997–2002 Type 7: Clear overall Probable Variable to good Fair Weak, but Cohesion of left-
(Cohabitation with majority opposed to increasingly wing majority
Jospin) the president supportive of increasingly
president tested by
impending
presidential
election
Sources of executive power 105
generally, therefore, although the configurations of the National Assembly majority in
relation to the president may be repeated (with four examples of Type 1, three Type 2
cases, and so on), there are no two cases in Table 4.3 where the wider configurations are
the same.
The importance of party and coalition control as a presidential asset can be gauged
from what happens when the grip loosens. De Gaulle’s post-May 1968 lame duck status
was reproduced under the obviously ailing Pompidou after 1972; the November 1973
Gaullist party congress almost openly transferred its allegiance from the terminally ill
president to Chaban-Delmas, seen by delegates as the most promising candidate for the
succession. Giscard’s failure to secure the loyalty of the Gaullists has already been
referred to. An equally clear case was that of Mitterrand, whose triumphant election to
a second septennat, in 1988 at the age of 71, immediately opened a succession struggle
among Socialists. Twice, in 1988 and 1990, the president’s preferred candidate for the
party leadership, Laurent Fabius, was blocked by rival Socialist factions, provoking the
violent internal party strife which contributed powerfully to the Socialists’ catastrophic
defeat of 1993. Chirac’s party and coalition were badly divided at his election in 1995
by the bitter rivalry between himself and his Gaullist rival, former prime minister
Édouard Balladur. His failure either to crush or to co-opt the balladuriens was to
weaken both party and majority at the 1997 parliamentary elections. The difficulties of
his second presidential term have arisen in part from the greater attractiveness to many
activists and parliamentarians of Nicolas Sarkozy, senior government minister and
then, from November 2004, leader of the UMP, as a presidential candidate for 2007.
Chirac’s defeat in the 2005 referendum and subsequent unpopularity, Sarkozy’s efforts
to secure the UMP’s loyalty to his own person, and his combination, from May 2005,
of the two posts of party leader and interior minister, compounded the president’s lame
duck status.
Hence the importance, for presidents, of working to sustain party support once
elected. Day-to-day party management is typically delegated to trusted lieutenants.
De Gaulle and Pompidou were discreet about this, using advisers, respectively Foccart
and Juillet. Their successors have had more open contact with leading party officials,
such as Michel Poniatowski for Giscard and Jospin (the Socialist Party’s first secretary
from 1981 to 1988) for Mitterrand. An important role, too, is played by the leader of
the parliamentary group of the presidential party. Mitterrand gave his role in party
management a semi-official status early in his presidency by holding weekly breakfasts
with Socialist Party leaders. Party leaders are also often chosen unofficially by the
president and ratified by the party: this was true of the Gaullist party’s secretary-
general in 1967 and 1971; of all the leaders of Giscard’s Républicains Indépendants
(which became the Parti Républicain after its relaunch in 1977); of Jospin for the
Socialists in 1981; and of Juppé, Chirac’s successor to the Gaullist party leadership in
1995. Parliamentary candidates are also vetted by presidents. Foccart’s diaries reveal
the extent of the General’s personal involvement in candidate selection: deciding dis-
puted cases, choosing the constituencies where the Gaullists’ allies would be allowed a
free run and even agreeing to find money for his own son-in-law’s campaign in the
islands of St-Pierre et Miquelon. De Gaulle’s successors have followed his example. The
majority candidacies in 1997, for example, were vetted by Chirac after being drawn up
in the music pavilion in the Matignon garden by presidential advisers and party leaders.
Rocard’s description of Mitterrand’s hold over the Socialist Party is only partially
exaggerated: he ‘was able to appoint everyone, and to control a whole pyramid of men’.
106 Sources of executive power
As well as choosing candidates, presidents have also, typically, been their parties’
leading campaigners in parliamentary elections. De Gaulle’s famous request, in 1958,
that his name should not be invoked by any party ‘even in the form of an adjective’
during the election campaign was a dead letter from the start. By 1962, having just won
the referendum on the direct election of the president and used his power of dissolution
against a hostile National Assembly majority, he quite logically expressed the hope that
the yes vote could be ‘confirmed’ at the following month’s parliamentary elections.
That inaugurated a regular tradition of presidential interventions in campaigns
for parliamentary elections, whether caused by an early dissolution or not. In 1973
Pompidou evoked the red peril to frighten Centre voters away from the left-wing
opposition; in 1978, Giscard, more obliquely, reminded voters that if the Left won, he
would be unable to prevent the full application of the Socialist–Communist Common
Programme; in 1986, the Socialists used the slogan ‘Avec le Président’. Indeed, the
dissociation of the president from the majority’s parliamentary campaign, as in 1993, is
a sure sign that both president and party are in trouble.
Presidents also cultivate a wider range of political support, both to maintain the
coalition that brought them to power and to diversify their political bases. Perhaps the
clearest case of this is the Parti Républicain’s federation with centrists and Radicals as
the Union pour la Démocratie Française in 1978. But Mitterrand’s channelling of
funds to the SOS–Racisme group, his contacts with the maverick businessman Bernard
Tapie and his wooing of leading Trotskyist activists – small in number, but influential
with the rising generation because of their role in student politics, and so an important
influx of new blood when they arrived in the Socialist Party in 1986 – are also import-
ant cases in point. It was also Mitterrand who decided that the Communists were a
dispensable component of the ruling left-wing coalition in 1984, and who limited the
experiment with a Socialist–centrist alliance in 1988 to the inclusion of centrist
ministers in the government rather than a full-scale coalition.
That the president enjoys majority party support does not preclude the prime
minister from doing so as well. Indeed, the first prime minister of a presidential term is
often chosen precisely because his own political base, within the president’s party or
with its allies, is expected to reinforce the presidential coalition. Debré owed his
appointment in 1959 as much to the support he commanded among the large group of
conservative, Algérie française Deputies as to his own unfailing loyalty to de Gaulle.
Chaban-Delmas, as a historic Gaullist who had built good relations with the parlia-
mentary centrists over a decade as president of the National Assembly, was an obvious
choice for Pompidou in 1969. Five years later, Chirac’s appointment was intended by
Giscard to ensure presidential control of the Gaullist party (Chirac did not see matters
in the same light). In 1981, Mitterrand chose Pierre Mauroy not only as an experienced
Socialist Party power broker, but as one of the few Socialist leaders trusted by the
Communists whom Mitterrand was determined to lock into the government majority.
At the start of his second term he chose his long-standing rival Michel Rocard as a
prime minister capable of ‘opening’ the Socialist majority towards the Centre. Chirac
appointed Raffarin in 2002 because of his strong local and regional record, supposedly
a guarantee of strong affinities with the concerns of ordinary French voters. But the
fate of each of these prime ministers illustrates the president’s political primacy and the
prime minister’s inability to use his political resources independently. Debré was dis-
carded within weeks of the Algerian war ending, Chaban dismissed when Pompidou
came to see him as a rival for control of the parliamentary majority. Chirac, having
Sources of executive power 107
refused to emasculate the Gaullist party for Giscard’s benefit, resigned angrily in 1976
after repeated humiliations by the president. Mitterrand let Mauroy go once the
Communist alliance had outlived its usefulness; Rocard lost his job because Mitterrand
suspected that he was cultivating the centrists (and, incidentally, his own presidential
chances) at the expense of the core Socialist electorate – a suspicion fuelled by deep
personal loathing on both sides; the politically wrung-out Raffarin left in 2005 once he
had begun to drag Chirac’s own ratings down. Alain Juppé, finally, was an unusual
choice for a first prime minister: although he had succeeded Chirac as president of the
Gaullist party when Chirac began his 1995 presidential campaign, he was more a
creature of Chirac than an independent politician with his own base, and noticeably
lacked supporters outside his own party. This relative lack of independent weight, more
typical of ‘second’ prime ministers (Pompidou at his appointment in 1962, Messmer in
1972, Barre in 1976, Fabius in 1984 and Cresson in 1991), told against Juppé; but it was
the voters, not the president, who ended his premiership by destroying the Right’s
majority in 1997.
Under cohabitation (Types 6 and 7 in Table 4.3), the distribution of political
resources is radically altered to the benefit of the prime minister. The prime minister is
appointed as the leader of the largest party in the new majority and the main winner of
the elections (Chirac in 1986, Jospin in 1997) or as his agreed delegate (Balladur, with
Chirac’s blessing, in 1993). This resource is nevertheless fragile. The prime minister
must continuously convince the majority parties that he is their best electoral asset: a
difficult task, because he faces not only the pressure of events, but also both a deter-
mined adversary in the Élysée and rivals within his own camp. Hence the considerable
efforts deployed by prime ministers under cohabitation; Chirac and Balladur held
‘majority lunches’ to clear major issues both with key ministers and with party leaders
outside the government, while Jospin took a weekly breakfast with Socialist leaders,
and all three used patronage to try and keep their coalitions onside.
A president under cohabitation can only find party support in the opposition. This is
a meagre consolation compared to the clout offered by a majority. But it must be
husbanded carefully: it is essential, in the long term, to any prospect of a presidential
comeback, and thus, in the short term, to the preservation of some vestiges of presiden-
tial authority. Mitterrand’s continuing ascendancy over the Socialists, and the percep-
tion that he had limited the damage to his party in the 1986 parliamentary elections,
preserved his chances of re-election and strengthened his hand against Chirac during
the first cohabitation (1986–88). In 1993, by contrast, Mitterrand was too old and too
ill to contemplate a third term; he had all but lost control over his party since 1988; and
the Socialists had suffered a defeat of historic proportions in 1993. That ensured an
easier cohabitation for Prime Minister Balladur, who faced more difficulties from his
own camp (and especially from Chirac) than from the Élysée. Chirac, finally, found
himself in an unprecedented position after the Right’s defeat at the 1997 parliamentary
elections: facing a cohabitation of five years, not (as in 1986 and 1993) two; widely
blamed within his own party for calling the elections ten months early; unable to keep
his own protégé Juppé at the head of his own party; and confronted by a plethora of
rival right-wing présidentiables. Chirac’s first priority from 1997 was to eliminate such
competitors. To do so, however, he practically destroyed his own party, the neo-Gaullist
RPR. Only a complex process of orchestrating supporters throughout the moderate
Right provided a substitute in the shape of the electoral network that would become
the UMP.
108 Sources of executive power
Concluding remarks
Early interpretations of the Fifth Republic tended to view it, whether approvingly or
not, as a ‘republican monarchy’ in which presidential primacy was assured. They also
tended to overestimate the significance, in the basis of this primacy, of permanent,
constitutional provisions, and to underestimate both the importance to presidential
power of parliamentary majority support and above all the contingent, conditional
character of that support. Hence the perplexity with which France’s political science
community viewed the approach of cohabitation in 1986, as well as the widespread
notion that a majority opposed to the president was somehow contrary to the ‘spirit’
of the Fifth Republic. The two further cohabitations, of 1993–95 and 1997–2002,
suggested that the ‘republican monarchy’ could no longer be taken as the normal
institutional practice. And even if the future possibility of cohabitation is now relatively
remote, there is a sense in which the key measure taken to render it less likely,
the shortening of the presidential term, also reduces the likelihood of a return to the
‘republican monarchy’ because the presidential term is now so closely tied to the
fortunes of a legislature.
Nor, however, should the possession or lack of parliamentary support by the presi-
dent be viewed as the only important variable in the distribution of executive power,
entailing a simple, binary model. For the resources available to president and prime
minister are varied and complex, act upon one another, and may be used or misused in
a variety of ways. The patterns of policy-making that result are equally diverse.
Further reading
See also list for Chapter 5.
This chapter seeks to show how policy-making powers are shared within the political
executive. The issue is complex because France has a dual executive of variable
geometry: although some of its characteristics, such as the president’s role as
France’s head of state and the prime minister’s as chief processor and co-ordinator
of government business, are fixed, others vary with political circumstance. In particu-
lar, the variable relationship between the parliamentary majority and the president
has been of crucial importance to the distribution of power. For that reason, the two
basic scenarios – a majority favourable to the president and a hostile majority – will
be treated successively. But the sharp distinction that such a treatment implies should
be qualified in three ways. First, many powers are exercised jointly by both heads of
the executive (though not always in the same way inside and outside cohabitation).
Second, variations in the resources available to the two main actors, explored in
Chapter 4, and in the use made of them, entail variations of policy-making powers
within the two main scenarios, as well as between them. Third, while attention is
primarily focused on the president and the prime minister, there are important
instances, discussed later in the chapter, where ministers have contributed substan-
tially to the policy-making process.
Presidential government
A president with the support of the parliamentary majority is both de facto head of
the governing coalition and the effective, if not the constitutional, leader of the
government. Nowhere, indeed, is the gap between constitutional theory and presiden-
tial practice greater than here. Constitutionally, the government is a collective body of
ministers, responsible to the National Assembly, which ‘determines and conducts’
national policy, and whose members are appointed by the president on the proposal of
the prime minister; in practice, outside cohabitation it has usually been an instrument
of presidential government, its members reduced to the role of advisers responsible to
110 Executive policy-making
the president alone. In that sense, the French government came to resemble the cabinet
of an American president.
• The president appoints and dismisses its head, the prime minister. To the consti-
tutional right freely to appoint prime ministers (of however unexpected a stamp,
where Pompidou in 1962, Barre in 1976 and Cresson in 1991 were concerned),
successive presidents have added the right to sack them – or rather, since the
dismissal of the prime minister appears nowhere in the constitution, to force their
departure. De Gaulle inaugurated this practice by requiring undated letters of
resignation from his nominees to the premiership. His successors have continued
it, usually without resorting to such crude methods: given their ascendancy over
the parliamentary majority, a simple request is enough. Seven prime ministers –
Debré, Pompidou, Chaban-Delmas, Mauroy, Rocard, Cresson and Raffarin –
have lost their jobs in this way. Rocard, for example, was asked to go by Mitterrand,
at 9.30 a.m. on 15 May 1991; the resignation letter was sent by noon on the
same day, directly after the meeting of the Council of Ministers (which was kept
completely in the dark about the matter). Although prime ministers since Cresson
have fallen to the voters, not to the president (with the partial exception of
Raffarin, who was blamed for defeats at the regional and European elections of
2004, and the referendum of 2005, but was under no obligation to resign), there is
no doubt that Chirac could freely dispose of Dominique de Villepin as and when he
wished.
• The president determines the size and shape of the government. However much
discussion takes place between president and prime minister over the composition
of the government, the president has the last word. Pompidou’s creation of
an environment ministry, Giscard’s appointment of junior ministers for penal
reform, ‘the feminine condition’ and immigrant affairs were examples of new
posts fitted to presidential priorities. The unwieldy size of Rocard’s government
in 1988, of Juppé’s in 1995 and of Raffarin’s in June 2002 resulted more from
the wishes of presidents Mitterrand and Chirac to pay the debts of the presidential
elections (and, in the latter case, to open up the government to more women and
to representatives of ‘civil society’) than from a direct concern with effective
policy-making.
• The president intervenes directly in the choice of individual ministers. Pierre Messmer
records in his memoirs that all three of the governments he headed were in large
measure chosen by Pompidou. Chirac’s first government, in 1974, was concocted
by Giscard and his henchman Michel Poniatowski in a manner almost calculated
to displease his Gaullist party; Giscard’s habit of presenting ‘his’ governments
on television, and reshuffling them, as he did in 1975 and 1976, without even
pretending to consult his prime minister, merely extended and made more open the
practice of his predecessors. Rocard, in 1988, was allowed to include a handful
of his own protégés like the Health Minister Claude Évin, but was also forced
to accept the old guard of Mitterrand loyalists, such as Roland Dumas, Louis
Executive policy-making 111
Mermaz, Pierre Joxe or Michel Charasse. Raffarin was quoted in May 2002 as
telling a right-wing parliamentarian anxious for preferment that it was not he,
but Chirac, who was forming the new government. It was Chirac who ruled that
ministers should not hold major executive office at local level (a continuation
of a practice established under Jospin, to which a certain number of exceptions
were allowed); Chirac again who negotiated Nicolas Sarkozy’s place in each of
the Raffarin governments, who ruled in 2004 that Sarkozy could not combine
ministerial office with the presidency of the UMP, and who decided in May 2005
that, after all, he could.
• The president determines the political balance of the government. The inclusion of
only four Gaullists, none of them heavyweights, in the 1974 Chirac government was
clearly the choice of Giscard and Poniatowski, rather than of the prime minister. It
was Mitterrand who, in 1981, decided to include Communists in the government
and who determined the representation of the various factions of the Socialist
Party in it. The exclusion of all but two Balladur supporters from the 1995
Juppé government was Chirac’s decision (influenced, in the case of one unhappy
balladurien, by the new president’s wife).
• The president treats the government not as a collective body responsible to the
National Assembly, but as a group of individuals responsible to himself. Indeed,
General de Gaulle in his Memoirs was specific on this point: ‘when one is a minister,
it is to de Gaulle and to him alone that one is responsible’. Pompidou, Giscard
d’Estaing and Mitterrand never failed to act upon that unconstitutional assump-
tion. More than his predecessors, Chirac delegated some of this responsibility to
his prime minister Juppé (though not to Raffarin), but the effect was broadly
similar.
As we have seen, the president’s official powers of patronage extend well beyond
the political executive. While the existence of a fully developed spoils system has
been limited by the requirement for continuity and experience in top posts, presidents
enjoying the support of the parliamentary majority have routinely used these powers
to reward the faithful, tempt the waverers, punish the recalcitrant and the hostile,
and get rid of the embarrassing. De Gaulle cleansed the army of dissident elements,
and purged the Quai d’Orsay of diplomats suspected of being too pro-European or
pro-American; Pompidou rewarded younger followers; Giscard removed recalcitrant
Gaullists; Mitterrand created the ‘Socialist nomenklatura’; Chirac rewarded his loyalists
within the RPR after 1995 and punished the hapless balladuriens.
• The president determines the overall programme of the government. The overall
shape of government policy is determined by the president, a fact of which the
public is left in no doubt. To take two recent examples, Prime Minister Raffarin’s
general policy declaration of July 2002 took as its starting point, not the Right’s
victory at the June parliamentary elections, but the programme on which Chirac
112 Executive policy-making
had been re-elected to the presidency the previous May. Again, the Military
Programme Law for 2003–8 was explicitly based on Chirac’s presidential commit-
ments. Presidents periodically remind governments publicly of presidential election
pledges, whether via regular ‘directive letters’ (as under Giscard), or through
Mitterrand’s and Chirac’s more periodic instructions.
• The president fixes the agenda and timetable of the Council of Ministers. From week
to week, the president fixes, via orders passed through the secretary-general of the
Élysée to the secretary-general of the government, the agenda of the Council of
Ministers and the timetable of government business.
• He is in regular direct and indirect contact with ministers, whether on formal
occasions, such as conseils restreints, or informally through personal meetings,
meals, telephone calls (much favoured by Chirac, though not by his predecessor) or
outside visits – undermining the fragile collective identity of the government.
• He acts as a final court of appeal, over the prime minister’s head, on policy issues
(and particularly questions of resources). Rocard’s careful budget calculations, for
example, were often upset by the last-minute appeals for more money made to the
president by ministers such as Jack Lang or Pierre Joxe who were particularly close
to Mitterrand.
• He signs the decrees essential to the implementation of government legislation.
Though the prime minister and ministers both control implementation documents,
the arrêtés, the major decrees, are signed by the president as well as the prime
minister in the Council of Ministers.
• His advisers extend his personal policy role. Crucially, Élysée advisers attend inter-
ministerial meetings to transmit presidential wishes and to verify compliance. They
also liaise with parliamentary majority leaders and committee chairmen to ensure
that if parliamentarians do amend or distort governmental projects, they do so
only in ways approved by the Élysée.
• He may also meet with leading representatives of pressure groups – ‘interme-
diary’ organisations viewed with deep mistrust by de Gaulle but more openly
accommodated in the policy process by his successors.
• The president has regularly played a role of government spokesperson, most fre-
quently on television, defending governmental policies and criticising those of the
opposition.
Foreign policy
Foreign policy in the wider sense has also been part of the ‘reserved domain’ (indeed,
there were precedents for presidential foreign policy activism under earlier Republics,
notably that of Raymond Poincaré in 1913–14, but they were of brief duration).
Among de Gaulle’s many personal acts were his policy of détente with the Soviet bloc,
his recognition of Communist China in 1964, the decision not to sell arms to Israel, the
outrageous proclamation about ‘free Quebec’ in 1967, or the decisions that progressively
extracted France from NATO between 1959 and 1967. Giscard travelled to Warsaw to
discuss the Afghan crisis with the Soviet President Brezhnev in 1980 – a much criticised
visit that was only announced to the foreign minister after the President’s personal
114 Executive policy-making
emissary had settled all the details. Mitterrand disconcerted his two first prime ministers
by receiving visits from two pariah leaders, South Africa’s P.W. Botha and Poland’s
Wozzeck Jaruzelski, and undertook secret trips to meet Morocco’s King Hassan II and
Libya’s Colonel Kadhafi; no one disputed his right to engage in this type of personal
diplomacy. When Mitterrand consulted his government on the issue of French partici-
pation in an international force to be sent to the Gulf after the Iraqi invasion of Kuwait
in 1990, the great majority of ministers were opposed; the president immediately com-
mitted French troops to the force. Chirac’s personal initiatives include an offer to take
France back into NATO if a European could be given the alliance’s southern command
– a move quickly rebuffed by the Americans. He has also attempted to improve France’s
economic relations with China, Japan and the Pacific Rim states, and like Mitterrand
has often included cohorts of French business executives in his delegations on overseas
visits. Though he was the first European leader to visit New York after the attacks of
11 September 2001, Chirac also made France’s refusal to countenance the 2003
invasion of Iraq very much his own.
European affairs
Presidential supremacy has been equally manifest here as long as the president has been
supported by the parliamentary majority. The so-called ‘Fouchet plans’ for European
political union were really de Gaulle plans. De Gaulle announced his first veto of British
entry into the Common Market at a press conference, just three days after his own
foreign minister had assured the British negotiating team that ‘no power on earth’ could
prevent a successful outcome to their efforts. His decision to boycott European institu-
tions for six months in 1965 was equally personal, a fact underlined by the timing of the
eventual compromise (just after de Gaulle’s re-election). President Pompidou reversed
several of de Gaulle’s European policies, ‘relaunching’ Europe at a summit in The
Hague in December 1969 and lifting the veto on British entry, but the methods remained
the same, with the decisions largely escaping ministerial scrutiny. Giscard’s major
European initiatives – the creation of the European Council, the European Monetary
System and direct elections to the European Parliament – owed more to his close
relationship with the German Chancellor Helmut Schmidt than to any discussions with
government ministers. Similarly, Mitterrand’s major European legacy, the Maastricht
Treaty, arose above all from his personal conviction, shared with Chancellor Kohl, that
reunited Germany must be irrevocably attached to Europe, and that the best way to
achieve this was the single currency; specific points such as the role of the European
Central Bank were managed personally by Mitterrand, who took assistance from his
foreign and finance ministers but excluded his prime ministers. Chirac, though a less
constant European than either of his two predecessors, has overseen the negotiation of
no fewer than three European treaties – Amsterdam in 1997, Nice in 2000 (when he was
chiefly remembered for his fierce defence of France’s parity of voting rights on the
Council of Ministers with Germany) and the European constitutional treaty of 2004.
He also took the ill-fated decision to submit the last of these to a referendum.
Defence policy
The president’s constitutional position as commander-in-chief and chairman of the
National Defence Committee ensures a central role in defence policy at all times,
Executive policy-making 115
especially but not exclusively when he occupies his normal political position as head of
the executive. This applies equally to major strategic initiatives and to the budgetary
choices that ensure their implementation. De Gaulle’s pursuit of the full panoply of a
nuclear deterrent, including bombs, warheads, missiles and submarines, as independent
as was possible from NATO, was the most striking early instance of this. It set a frame-
work for de Gaulle’s successors over a generation. The defence decisions taken by
Mitterrand shortly after his election, to continue work on France’s neutron bomb, to
retain the length of military service at one year, to replace the old generation of ballistic
missiles by a new one and to build a seventh nuclear submarine, were all presidential
choices, announced from the Élysée. In 1992, when the end of the Cold War had placed
the issue of future defence postures before all Western nations, the announcements that
France would sign the nuclear test ban treaty and declare a moratorium on nuclear
tests signalled a move away from the gaullien defence posture, but was still a wholly
presidential move. Chirac’s resumption of testing in 1995, albeit for a brief period, was
announced in characteristic Gaullist fashion, at a press conference, and provoked reac-
tions in the world comparable to those that greeted the General’s more extravagant
initiatives. But Chirac was also responsible for two more lasting changes, both visible in
the 1997–2002 Military Programme Law: the professionalisation of the armed forces,
ending a two-centuries-old tradition of compulsory military service, and the downgrad-
ing of France’s nuclear deterrent from over 31 per cent of the defence budget to under
20 per cent. The creation of a Rapid Reaction Force in Bosnia, finally, though announced
by the Defence Minister Charles Millon, was very much the president’s work.
Political reforms
These have always been, in varying degrees, a presidential concern. The referendum on
a constitutional amendment allowing direct election of the president was announced by
presidential broadcast in 1962; and if de Gaulle left office in 1969, it was because the
reform of the Senate and the regions proposed in his last, unsuccessful referendum was
a presidential project. Pompidou too suffered a setback when he had to abandon his
plan to shorten the presidential term to five years owing to opposition within parlia-
ment. Giscard left a more lasting legacy with the liberalisation of conditions in prisons
and barracks, the lowering of the age of majority to 18 and the reform giving parlia-
mentarians the right to refer bills to the Constitutional Council. Mitterrand’s early
years were marked by a vast range of political changes, including the decentralisation
reforms, the abolition of the death penalty and the detested State Security Court set up
by de Gaulle, and the repeal of some of his predecessors’ more repressive criminal
justice legislation. Although the president did not present all of these reforms as his
own initiatives, he ensured backing for them by arbitrating publicly, usually on the
liberal side, in disputes between his ministers. Chirac, as well as accepting several con-
stitutional changes during his cohabitation with Jospin, pressed for decentralisation to
be given constitutional status through the amendment of 2003, and was identified
personally with a constitutional ‘charter’ that aimed to guarantee a right to a decent
environment for all. This reform, of symbolic appearance but with far-reaching impli-
cations if broadly interpreted, aroused such grave suspicions within the UMP majority
that it had to await a final parliamentary vote until February 2005.
Circumstantial interventions
In addition to the policy sectors outlined above, there remain countless examples
where presidential interventions have been provoked by a specific political context.
Such a context may result from disputes within the government: President Mitterrand’s
decisions to abandon the military camp at Larzac and the planned nuclear power
station at Plogoff are cases in point. Or a decision at the highest level may be needed to
118 Executive policy-making
face down entrenched interest groups, as when de Gaulle decided to move the wholesale
meat and vegetable markets from Les Halles in Paris to the wind-swept wastes of
Rungis, or Giscard forced a recalcitrant École Polytechnique from the fifth arrondisse-
ment of Paris into the suburbs, or Mitterrand chose to locate a major nuclear research
installation at Grenoble, not Strasbourg. The president may also get involved in issues
that are, or threaten to become, politically explosive. This has repeatedly been the
case with education. De Gaulle had to give strong personal backing to his Education
Minister Edgar Faure’s plans to liberalise French universities in the wake of the
May 1968 ‘events’, since the reform plans faced strong opposition within the Gaullist-led
parliamentary majority. Giscard intervened in the drafting of the 1975 Education Act,
which aspired to promote social equality in education in a manner that many of his core
middle-class electorate would have found suspect. Mitterrand appeared on television to
announce the withdrawal of his government’s controversial bill on private education
which had brought hundreds of thousands of Catholics onto the streets. In doing so, he
provoked the resignation of Education Minister Alain Savary, whom he had told of the
decision an hour before going on air, and indeed of the whole Mauroy government. But
the situation was defused. Chirac, too, intervened more than once after 2002 to ‘advise’
his education ministers, Luc Ferry and François Fillon, on concessions to make to
demonstrators opposed to education reforms; and he placed his personal weight behind
the reform of 2004 banning the wearing of religious signs or garb at school. Finally,
presidents may intervene because of their personal attachment to a particular policy
area, or because they judge their intervention to be necessary in order to fulfil election
pledges or to react effectively to a new situation. Many of Giscard’s interventions fall
into these categories. He gave his strong backing to the early measures of social liberal-
isation – the legalisation of abortion and the facilitation of contraception and divorce.
He reacted to the 1973 energy crisis by backing a nuclear power programme of
unprecedented scope, and to the architectural excesses of the de Gaulle and Pompidou
eras by demanding, and getting, the incorporation of much tighter environmental
criteria into France’s building regulations. But, while Giscard expanded presidential
intervention into hitherto unexpected areas, he is not wholly alone in this. The example
of culture has already been mentioned. The concern of Pompidou and, more recently,
Chirac, with agricultural policy, for example, has been proverbial.
Models of cohabitation
While the constitution clearly determines the contrast, under cohabitation, between the
‘shared domain’ of foreign and defence questions and the great autonomy of prime
minister and government in domestic policy, it only determines the general workings of
cohabitation, not the detail. And indeed, there have been very significant variations
between the three periods of cohabitation according to the circumstances and the
political resources controlled by the two main players.
• The first cohabitation, from 1986 to 1988, was the period in which the president’s
residual power was at its greatest. Mitterrand’s personal popularity, already
recovering by the time of the Left’s defeat in March 1986, was increased dramatic-
ally by his observance of the forms of fair play vis-à-vis Chirac’s new government.
The president was also still in firm control of France’s strongest single party.
By turns falsely emollient and (as when refusing to sign ordonnances) genuinely
combative, he successfully drew benefits both from his own legitimacy as head of
state and from the discomfitures of Chirac and his government, particularly the
student unrest and the strikes of late 1986. Chirac, by contrast, was handicapped
by his majority’s extreme narrowness (just three seats), and by divisions within it
that grew as the presidential election approached. Too many of Chirac’s decisions,
especially in the crisis of late 1986, which did enormous damage to his government,
were defined by the need to hold his coalition together. His personal capacities
within his new role were also questionable. One minister later described Chirac as
‘an amateur playing against a professional’. Mitterrand claimed that his relations
with Chirac were ‘all right, except that he would lie to me so often’. The television
debate between the two men five days before the second round of the presidential
128 Executive policy-making
election revealed a mutual hatred that had built up during two years of intense
competition.
• The second cohabitation, from 1993 to 1995, was in many ways the opposite of
the first. The Right’s victory in 1993 had been a landslide, with 497 right-wing
Deputies to 57 Socialists and 23 Communists. Mitterrand was 76 years old, sick
and discredited by revelations about his Vichy past. He had no prospect of a third
term and minimal control over his own party, and was increasingly preoccupied by
merely surviving to the end of his second septennat. Relations between the two
heads of the executive were undisturbed by future electoral competition and gener-
ally good, in the retrospective estimation of both men. As well as handling the 1993
franc crisis and the world trade negotiations, Balladur and his government were
active in African policy, taking the decision to devalue the currency of France’s
former African colonies, which is linked to the franc, and managing – not necessar-
ily to their credit – the Rwandan crisis with Mitterrand. France’s policy on former
Yugoslavia was also jointly managed: Balladur claims to have created the European
contact group, ordered changes in troop deployments and conceived the idea of a
European stability pact. Mitterrand, in short, allowed the prime minister an almost
unprecedented freedom of action, even in the ‘shared domain’, but on two condi-
tions: that his own decisions taken before 1993 were not reversed, and that his
outward prerogatives were respected.
• The third cohabitation, which began in 1997, differed from the other two in being
relatively open-ended, with the possibility of five full years before the elections of
2002. Both protagonists had incentives to play a long game. Jospin wanted as much
time as possible to establish a convincing governmental record. President Chirac,
widely blamed within his own camp for provoking the Right’s defeat with his
dissolution of parliament in April 1997, needed time to rebuild his own credibility
before seeking re-election. This longer timescale discouraged early or open confron-
tation between the two men. Jospin was in any case more concerned with applying
an ambitious programme of domestic reform than with carving out a foreign policy
role (his rare attempts to do so were marked by some memorable reverses, as when
he was chased by stone-throwing Palestinians after an ill-calculated speech at Bir
Zeit university). The Kosovo war in spring 1999 provided the clearest case of
joint management of a crisis: interestingly, the fairly close identity of views in this
area between Chirac and Jospin contrasted with the reservations expressed openly
by several government ministers, notably the Communists. Cohabitation also, on
this third occasion, became almost normalised, having accounted for nine of the
twenty-one years after Mitterrand’s election in 1981. In 1987, most of the French
public had hoped that cohabitation would be a short-term episode in politics: in
1998, by contrast, two-thirds of poll respondents considered cohabitation a positive
experience, and over half hoped it would have lasting effects.
Looking back towards the end of the Jospin government, Olivier Schrameck
observed two advantages to cohabitation: it forced a consensual approach to France’s
relations with the world, and it allowed the presence of checks and balances within a
political system that had too few of them in normal times. These advantages, however,
were outweighed by the drawbacks: the amount of time wasted in both the Élysée and
Matignon on mutually hostile political manoeuvres, whether offensive or defensive, and
the lack of accountability or clear alternatives for voters. There was a risk, argued
Executive policy-making 129
Schrameck, that the appearance of consensus on the two sides of the executive and by
extension on the two sides of the mainstream political spectrum would leave dis-
contented voters to seek solace at the political extremes – a forecast amply fulfilled at
the first round of the 2002 presidential election. Having come close to ‘normalisation’,
the experience of cohabitation may now, thanks to the five-year presidential term, be
viewed as of largely historical interest.
The dichotomy of ‘presidential’ government in ‘normal’ times and ‘prime ministerial’
government during cohabitation is an oversimplification, for a number of reasons. Even
when the parliamentary majority supports the president, Matignon has a considerable
role to play. Even under cohabitation, the president retains important powers. More-
over, each of the two major configurations allows for substantial variation. Relations
were at times more strained between Mitterrand and Rocard, for example, than they
were between Mitterrand and Balladur – a state of affairs that prompted Pierre Servent
to observe that ‘cohabitation is merely a tougher version of what happens usually’.
Government, finally, or even the operation of the political executive, cannot be reduced
to the tandem at the summit; there are other ministers than the first one.
Sources: O. Duhamel, Le Pouvoir Politique en France (Paris, Seuil, 1999); Le Monde (for 2002); official site of
the Prime Minister (for 2005).
parliament. Fifth Republic governments have lasted longer than their predecessors.
While this does not always mean greater longevity for individual ministers (especially as
some ministers of the Third and Fourth Republics held the same portfolio through
several governments), on balance there is a greater chance of stability and thus of
achieving something in office. Ministers are much less vulnerable to parliamentary
interpellations, their bills less prone to disappear in the quicksands of parliamentary
committees, their time therefore freer – in principle – for policy rather than politics. And
even if they cannot threaten to bring governments down single-handed, some ministers
are still appointed, and retained, because of their political weight, especially during
periods of cohabitation; the strictures of Article 23 have not, in practice, cut ministers
off from their own political bases; and even those with no parliamentary seat at their
appointment may acquire independent political weight by running for local or national
office.
Profiles of the ministers of the Fifth Republic before 1981 revealed few surprises:
like their counterparts elsewhere in Europe, they were overwhelmingly male, married,
middle-aged, bourgeois (with a sprinkling of aristocrats) and well educated (generally
at the Paris Law Faculty or the Institut d’Études Politiques), and they had good links
with established political, administrative and economic elites. Socialist ministers since
1981 have been very similar in many respects, although they have tended to be less
wealthy, more southern in origin and less connected with the financial elites. The 1990s
saw attempts at the ‘feminisation’ of governments, with the appointment of France’s
first woman prime minister in 1991 (Cresson, a less than successful choice), of a strong
contingent of middle-ranking women ministers in the May 1995 Juppé government
(most were sacked the following autumn) and of nine out of twenty-nine women in the
Jospin ministry, including several of its key members (Martine Aubry at Labour and
Social Affairs, Élisabeth Guigou at Justice and the Green Dominique Voynet at
Regional Planning and Environment). Women represented a quarter of the June 2002
Raffarin government (they included France’s first female defence minister, Michèle
Alliot-Marie) – though the figure for Villepin’s government of 2005, just 16 per cent
women, does not suggest an irresistible tide of feminisation.
Compared with ministers of the Fourth Republic, those of the Fifth have lacked
parliamentary experience. As Table 5.1 shows, some have had no parliamentary experi-
ence at all, and although the late 1990s saw a fall in the number of these ‘technician’
Executive policy-making 131
ministers, this does not appear to represent a trend. Just as important, though, is the
number of ministers who, while holding elective office at their appointment, have come
to politics from a civil service background. Of prime ministers since 1981, this has been
true of Fabius, Chirac, Rocard, Balladur, Juppé and Jospin, as well as of leading
ministers like Jacques Delors and Jean-Pierre Chevènement on the Left, and Jacques
Toubon, Dominique de Villepin, Dominique Perben and Hervé Gaymard on the Right.
French ministers tend to view their role more in individual than in team terms. As
prime minister in July 1995, for example, Alain Juppé claimed to have inherited a
‘catastrophic’ financial situation from the previous government – of which, as foreign
minister, he had been a senior member just weeks before. Collective responsibility is
generally no more highly valued within Fifth Republic governments than collective
decision-making. Two other factors reinforce ministerial individualism. One is the fairly
segmented policy structure of the French government, in which individual ministries
(and indeed individual directorates of ministries) are jealous of their independence and,
in some cases (such as Agriculture), the centre of a policy community which regards the
ministry, and the minister, as in some sense its property. The second factor is the varying
loyalty of ministers. A French government outside cohabitation, as well as being a
coalition, is typically composed of president’s people first and prime minister’s people
second, plus, possibly, some from a necessary coalition partner. President’s people are
not invariably bound by any sense of loyalty to the prime minister. During the 1974–76
Chirac government, for example, several giscardien ministers made openly patronising
comments about the prime minister, with the president’s support. It was no secret that
many senior members of the Rocard government were imposed on the unwilling prime
minister by Mitterrand, to whom they would regularly pay (individual) visits at which
they acted practically as informers. Cohabitation did little to reinforce ministerial soli-
darity. Both the Chirac government of 1986–88 and the Balladur government were
divided within weeks of their formation by the preferences of individual ministers for
one or another right-wing candidate for the rapidly approaching presidential elections.
To prevent these loyalties tearing their governments apart, both prime ministers had to
allow ministers considerable freedom to express individual views about government
policy, however negative they might be. As interior minister in 2005, de Villepin thought
aloud, in public, about the need for a ‘bolder, more decisive’ government to take over
from Raffarin’s after the European referendum of 29 May; after his appointment to
succeed Raffarin, he had to cope with the public disagreements of his own interior
minister, Nicolas Sarkozy, over immigration quotas and a range of other subjects.
• The degree of interest displayed by the president or the prime minister in the affairs of
the ministry. The existence of a ‘reserved domain’, or indeed the ‘shared domain’
under cohabitation, ensures that foreign and defence ministers are rarely policy-
makers in their own right. Even Couve de Murville suffered the humiliation of
assuring the British of the imminent success of their application to enter Europe
on a Friday, only to hear de Gaulle veto British entry on the Monday. Presidents
have intervened to keep Latin in school syllabuses (Pompidou) and to stop urban
road plans (Giscard). But there have also been important cases when ministers
have enjoyed considerable freedom in working to their brief. Peyrefitte’s penal
reform under Giscard and Barre and Defferre’s decentralisation legislation under
Mitterrand and Mauroy, and the 35-hour week managed by Aubry under Jospin
were among such instances.
• The support of the president or prime minister. Some ministers have clearly enjoyed
a special relationship with the president. Both de Gaulle and Mitterrand had a
faible for their ministers of culture, respectively André Malraux (who initiated the
large-scale clean-up of France’s ancient façades, and created a network of Maisons
de la Culture to enlighten what was then the cultural desert of provincial France)
and Jack Lang (under whom the culture budget doubled as a share of national
income, the new money being spread between small, neighbourhood-scale projects
and Mitterrand’s grands chantiers). Edgar Faure’s education reforms of 1968 and
Simone Veil’s legalisation of abortion in 1974 would never have passed the right-
wing majorities of the day without support from the top. Justice Minister Badinter
enjoyed the Élysée’s full support in his abolition of the death penalty. Chirac gave
full backing, and considerable freedom, to Balladur as his minister for the economy
and finance between 1986 and 1988, much to the chagrin of Balladur’s many
enemies. As prime minister, Balladur established especially close relations with the
youthful Nicolas Sarkozy, who enjoyed a key position as both budget minister and
government spokesman. The importance of personal links should not be over-
estimated, however. Jospin’s closeness to Interior Minister Jean-Pierre Chevène-
ment, Finance Minister Dominique Strauss-Kahn and Education Minister Claude
Allègre did not prevent the resignation of all three men before 2002 – Strauss-Kahn
over his (undeserved) implication in a financial scandal in 1999, Allègre as a
result of opposition from education unions in 2000 and Chevènement over a
disagreement on Corsican policy later the same year.
• The minister’s conception of his/her role. Some ministers view their role as essen-
tially technical and managerial, and become the faithful and faceless executors
of the presidential will. In foreign affairs they have rarely had much choice, and
the job has tended to suit the self-effacing professional diplomat more than the
rising politician (in this de Villepin was an exception, as a flamboyant professional
Executive policy-making 133
diplomat, whose speech at the United Nations in 2003 gave eloquent expression to
Chirac’s opposition to the invasion of Iraq). Other ministers, however, have left
reputations as able and active reformers, and a determined and skilful minister
with an ambitious programme can easily establish a reputation. Such cases include
Pisani at Agriculture or Faure at Education under de Gaulle, Defferre at Interior,
Badinter at Justice and Fabius at Industry under Mitterrand. Under Jospin, Aubry
came to Labour and Social Affairs, and Guigou to Justice, with ambitious reform
plans as well as the prime minister’s backing.
• The political weight of the minister. Giscard’s influence as minister of finance arose
not only from the fact that he did a technically brilliant job in a key ministry for a
long time (four years under de Gaulle and five under Pompidou), but because of his
leadership of the Républicains Indépendants, a small but important group in the
governing coalition. Interior ministers like Raymond Marcellin, Gaston Defferre,
Charles Pasqua, or Jean-Pierre Chevènement have also been political heavyweights.
The case of Nicolas Sarkozy after May 2005 is unique: no other government minister
has combined this post with the leadership of the principal majority party exer-
cised in his own right, with the declared intention of running for the presidency in
less than two years. By contrast, non-parliamentary ministers lack this sort of
political punch, and have often come to grief as a result: Claude Allègre under
Jospin, or Francis Mer and Luc Ferry under Raffarin, all lost office in part because
of their lack of political networks and skills. Survivors among non-parliamentary
ministers tend to overcome an initial reluctance and seek election.
• The minister’s tenure of office. Successful policy-making often goes with ministerial
longevity. Here too, Malraux and Lang were fortunate, each occupying the Culture
Ministry for ten years (Malraux from 1959 to 1969, Lang from 1981 to 1993 with a
break in 1986–88). Marcellin left an indelibly nasty impression in his five years at
Interior under de Gaulle and Pompidou, while Bérégovoy managed, during a total
of six years at Finance, to become a symbol to the money markets of the Socialists’
conversion to financial orthodoxy. Rather less, on the other hand, is remembered
of the four industry ministers from the short (though crucial) 1981–83 period, or of
the four women – Corinne Lepage, Françoise de Panafieu, Élisabeth Hubert and
Colette Codaccioni – appointed by Juppé in May 1995 and brutally ejected by
him the following November. And the considerable continuity at Finance of the
Mitterrand presidency’s first eleven years (with just three ministers, Delors, Balladur
and Bérégovoy) has given way to much less stable times since 1992, with eleven
ministers in thirteen years. Of these, several (Michel Sapin, Edmond Alphandéry,
Alain Madelin and Jean Arthuis) made a limited impression and one (Hervé
Gaymard) lasted only three months in post; by way of comparison, the British
and German finance ministers in early 2005 had been in their jobs for eight and
six years respectively.
• The prestige and power of the ministry. Certain ministries, notably Interior, Foreign
Affairs, and Justice, enjoy a very high reputation and confer upon their political
head an undeniable prestige. Finance is in a class of its own, the power of the
purse being critical in all routine affairs at least. Other ministries suffer from a
weak or non-existent administration, low budgets, an ill-defined scope of action
and the scepticism of other ministries. Urban Affairs and the Environment both
represent pressing policy concerns; neither ministry has been able to attract the
resources and clout that correspond, or indeed to establish a strong institutional
134 Executive policy-making
identity. In between are well-established ministries with big budgets, graveyards
for some politicians but springboards for others: Agriculture, for example (occu-
pied by Chirac from 1972 to 1974), or Education (a good ministry for Jospin in
the Rocard and Cresson governments, a much less happy one for Jospin’s protégé
Claude Allègre a decade later or for Luc Ferry or François Fillon in the Raffarin
governments).
• The strength of the ministry’s administrative services. The administrative services of
some big ministries are strong and resistant to changes they dislike. Finance, for
example, succeeded for forty years in evading requests from ministers for a simple
list of the ministry’s senior officials with their salaries and bonuses. Agriculture and
Education are both heavily infiltrated by the powerful unions in their sector (which
helped to explain the removal of Cresson from Agriculture in 1983 and of Allègre
from Education in 2000). Such administrations may be powerful opponents of
ministerial plans for reform; it requires a minister with ambition, ruthlessness and
longevity to impose policies upon these ministries. On the other hand, administra-
tions may be equally strong allies in defending the ministry’s long-term interests.
One key to Juppé’s largely successful record as foreign minister from 1993 to 1995
was his ability to establish good working relations with directors at the Quai
d’Orsay through weekly meetings; these helped him undertake significant adminis-
trative reform there. At the other extreme, the rudimentary administrative services
accorded to the Environment Ministry in over three decades of its existence have
been a handicap to any minister seeking to make a serious impact in this area.
• The efficiency of the ministerial cabinet. A well-organised, determined and sensitive
cabinet may be a powerful support for a minister, in achieving co-ordination within
the ministry’s services, in representing the minister effectively in interministerial
meetings, and in building and maintaining networks with other ministries and with
interest groups. Successful ministers usually have strong cabinets: another incentive
to political experience and ministerial longevity.
• Between the president and the prime minister. Even outside cohabitation there
have been well-publicised differences between the two heads of the French execu-
tive. Debré had deep reservations – expressed privately – both about de Gaulle’s
Algerian policy and about his somewhat cavalier interpretation of the constitution.
Pompidou dragged his feet over de Gaulle’s dreams of ‘participation’, threatened
resignation in order to save a general involved in the 1961 army putsch in Algeria
from execution and committed the ultimate crime of lèse-majesté by appearing as a
viable successor. As president, he clashed with Chaban-Delmas over the form and,
in part, the content of the ‘New Society’ programme, and accused Chaban of
neglecting the Gaullists’ conservative core in a bid for Centre-Left votes. Chirac, as
prime minister after 1974, reproached Giscard with the same strategic error,
engaged in a bitter struggle with the president over the leadership of the majority in
general and the Gaullist party in particular, and finally became the only prime
minister to date to resign of his own accord, stating publicly that he had not been
given the means to do his job properly. Mitterrand’s relations with Rocard were
notoriously bad: the president (again) reproached his prime minister for neglecting
core voters, in this case left-wing ones, in favour of centrist ones, and for cultivating
his own popularity as a présidentiable at the expense of tough decisions, while
the prime minister resented the president’s habit of overturning government
decisions after appeals by individual ministers over Rocard’s head. Perhaps the
most harmonious relations between the two heads of the executive were between
Chirac and Juppé, but this did Chirac little good as Juppé was widely detested
within his own majority.
• Between the prime minister and the ministers. The history of the Fifth Republic
has also been punctuated by unseemly squabbles between the prime minister and
his ‘subordinates’, especially when the latter have been not his nominees but the
president’s. Tense relations between Pompidou and Giscard during de Gaulle’s first
term, for example, arose, characteristically, from multiple causes: ‘turf’ (the respect-
ive roles of finance minister and prime minister in the control of economic policy),
policy (Pompidou found Giscard’s economic policy too restrictive) and personal
rivalry (both men hoped to succeed de Gaulle). Both Chirac in 1974–76 and
Rocard in 1988–91 had reason to complain that they were being bypassed and
indeed undermined by ministers who enjoyed the confidence of the president.
Juppé sacked Alain Madelin, his independent-minded finance minister, three
months after appointing him, although Madelin was an important figure in
Chirac’s majority coalition. With his other ministers, Juppé’s relations were simple:
he held all of them in contempt, and said so publicly. Most recently, Nicolas
Sarkozy, successively interior minister and finance minister between 2002 and 2004,
Executive policy-making 137
used his energy and his talent for publicity, as well as his popularity within the
right-wing coalition and the wider civil society, to promote his own stature as a
présidentiable, within but not quite of the Raffarin government. This, unsurpris-
ingly, was the source of constant tensions with his fellow ministers, especially the
first among them. The same pattern seemed likely to intensify after Sarkozy’s
reappointment in the de Villepin government, in a period that would be dominated
by the approach of the 2007 presidential elections.
• Between the prime minister’s cabinet and the ministers. There is always institutional
tension between ministers and members of the Matignon cabinet who follow
their work. Philippe Séguin once claimed that his main achievement as Chirac’s
social affairs minister from 1986 to 1988 was having blocked the initiatives of
Marie-Hélène Bérard, the right-wing Matignon adviser for his sector. Jean-Pierre
Chevènement’s disagreements with members of Jospin’s cabinet were one reason
for his resignation.
• Between individual ministers. Ministerial rivalries develop even as a government is
being formed: the precise attributions of ministries, the junior posts and even in
some cases the premises that go with them, are the object of hard-fought battles.
As has been underlined, too, there is no tradition of collective solidarity and
responsibility within Fifth Republic governments. Clear disagreements with govern-
ment policy do, it is true, sometimes lead to resignations: de Gaulle’s Algerian and
European policies provoked the early departure of several ministers, Rocard
resigned from the Agriculture Ministry over Mitterrand’s reform of the electoral
system; Chevènement left the Industry Ministry in opposition to Mitterrand’s
economic policy in 1983, the Defence Ministry through opposition to the Gulf war
in 1991 and the Interior to protest against Jospin’s Corsican policy in 2000.
A handful of ministers have also been dismissed, whether because of verbal
imprudences (Jean-Jacques Servan-Schreiber over nuclear testing in 1974, Alain
Madelin over civil service numbers and employment conditions in 1995) or because
they faced criminal charges (Bernard Tapie in 1992, Alain Carignon, Gérard
Longuet and Michel Roussin in 1994, Dominique Strauss-Kahn in 1999). In gen-
eral, though, Chevènement’s dictum that ‘a minister shuts up or resigns’ has been
but imperfectly applied, and ministers have often felt free to stay in government and
talk out of turn. Some disputes between ministries run on regardless of who is
minister, because they reflect structural competition for the leading role in specific
policy areas. The many clashes between Justice and Interior have involved issues as
various as the seizure of La gangrène, a book depicting the spread of torture in
Algeria (1959); the degree of autonomy allowed to judges (1975); identity controls
(1982); and the reform of the justice system (1999). Under the post-1981 Socialist
governments, some disputes reflected the political heterogeneity of a government
ranging from Communists to mild Social Democrats. They included social security
coverage, the financial extent of nationalisations (51 per cent was seen as adequate
by moderates, but nothing less than 100 per cent would do for hardliners), the
successive wage and price freezes, the de-indexation of public servants’ pay, and the
issue of France remaining in the European Monetary System in 1983. Divisions
within Chirac’s 1986–88 government were accentuated by rivalries between
présidentiables and their respective supporters. Séguin and Balladur clashed over
the long-running problem of the social security deficit; Albin Chalandon, the just-
ice minister, and Michèle Barzach, the health minister, over the criminalisation of
138 Executive policy-making
drug addiction. François Léotard, the culture minister, referred to his RPR
colleagues as ‘soldier-monks’, while Michel Noir, the foreign trade minister, said it
would be better for the Right to lose the elections than to lose its soul through any
form of deal with the far Right. Perhaps the most spectacular display of internal
governmental disagreement was over the handling of the students’ revolt of
November–December 1986: the open demand by Léotard and Madelin that the
university reform bill that had provoked the demonstrations be withdrawn left
Chirac ‘foaming at the mouth’ (according to Léotard’s account) but unable to sack
either minister for fear of bringing down the entire government.
• Between ministers and their junior ministers, and within ministries more generally. A
further complication in the debacle over the 1986 university reform arose from the
notoriously poor relations between Education Minister René Monory, his junior
minister for universities, Alain Devaquet (who ultimately had to resign), and the
Matignon adviser on universities, Yves Durand. The problem was partly a struc-
tural one: similarly acrimonious relations had prevailed a decade earlier between
Education Minister René Haby and his junior minister for universities, Alice
Saunier-Seïté. More broadly, difficulties often arise from the fact that ministers and
their juniors are not necessarily chosen for their capacity to work in harmony;
indeed, many junior ministers are appointed in order to ‘mark’ a minister who,
whether because of different party origins or other reasons, is distrusted by the
president or the prime minister. Personal relations may also come into play: as
finance minister in the 1986–88 Chirac government, Balladur humiliated both of
his junior ministers, Juppé and Noir, in ways that were minor but damaging to their
working relationship. The Balladur–Juppé relationship was to some extent
smoothed over by close collaboration between their respective cabinets, which
allowed the privatisation programme to proceed relatively smoothly. Just as often,
however, conflicts at ministerial level may be reproduced or compounded by
long-running bureaucratic feuds, as competition for scarce resources takes place
not only between ministries but between directions within the same ministry.
As the republican monarchy has declined, so the other tensions within France’s
executive, though present from the start, have become more visible and thence more
damaging both to the image of the governing team and to effective co-ordination in
policy-making. The outcome can make the policy outcomes of the Fourth Republic
appear as a model of stability: for example, according to one study undertaken by the
École Nationale d’Administration, French employment policy ‘changed doctrine each
year for the last ten to fifteen years’. More generally, as Hayward and Wright have
observed, policy co-ordination tends to focus on routine conflict avoidance more than
on strategic planning; there is, in general, too little time, too little political will, too
few established and effective instruments to overcome entrenched conflicts and long-
established habits. Perhaps the most sustained effort to overcome these tensions was
made under the Jospin premiership from 1997. Jospin was in no position to lessen
tensions between president and prime minister, embarking as he was on a long period
of cohabitation with a president who would rather have kept Juppé. But with his
directeur de cabinet Olivier Schrameck, Jospin did attempt to limit the impact of the last
three sets of tensions – between prime minister and ministers, between ministers, and
between ministers and their juniors. Their remedies were threefold: the appointment
to key ministries of political heavyweights (Chevènement to the Interior, Strauss-Kahn
Executive policy-making 139
to Finance and Economic Affairs, Guigou to Justice, Aubry to Social Affairs); the
delegation to them of considerable autonomy and thus relative immunity from inter-
ventions by Matignon advisers, freeing the prime minister from much involvement in
policy detail; and the use of fortnightly government meetings (including, on alternate
occasions, junior ministers) to ensure co-ordination and, crucially, to air and resolve
disputes. It was a formula that resembled, in outline, a traditional view of cabinet
government; applied, albeit imperfectly, it helped reinforce the cohesion of Jospin’s
disparate ministerial team. Government cohesion was, however, also helped by com-
mon opposition to President Chirac at a time of cohabitation, by the government’s
popularity under favourable economic conditions and by Jospin’s own unchallenged
status as its leader and political ‘locomotive’. Its success, in retrospect, appears brief,
and dependent on personalities: by March 2001, with Strauss-Kahn, Chevènement and
Aubry all out of government for diverse political reasons, the bases of the Jospin
formula looked much less solid.
More generally, as Hayward and Wright’s study observes, policy co-ordination
was never as effective as it looked in the early Fifth Republic, and has become less so
since. In the first place, they argue, France’s highly centralised administration was
increasingly Balkanised as it took on the full range of post-war peacetime activities
during the trente glorieuses, with some crucial policy areas, such as the social security
system, escaping it partially or totally. The pyramidal model of government idealised in
France since Napoleon and beyond was ill-adapted to these complexities, to which
duplication and overlapping, however untidy, were intrinsic and even healthy as failsafe
mechanisms.
Secondly, policy co-ordination has become more difficult since the de Gaulle
presidency, not only because of the type of political factor outlined above, but also for
reasons intrinsic to the nature of policy-making in a contemporary West European
state. Some of these have been considered in Chapter 1. The policy agenda has become
more complex, both because of the addition to it of new priorities (the environment,
food standards, and the curtailment of racial and sexual discrimination, to name three)
and because of a growing awareness of the interrelatedness of different policy issues.
That ought to encourage more co-ordination, but at the same time a number of devel-
opments have made decision-making more diffuse and a traditional state-centred policy
approach, which came readily to the (many) Jacobins among France’s politicians
and civil servants, harder to sustain. Privatisations coupled with globalisation and
Europeanisation have generated new independent regulatory agencies, not only nation-
ally but also at the European and international levels. Meanwhile many of the traditional
props of an older style of government, such as political parties, have become weaker as
relays of public opinion, while traditional networks and interest groups have mutated
or (in some cases) collapsed under the impact of multinationalisation and competition
from other activists; and the cracks in the traditional structures of the state have
become harder to paper over as French journalism has become less deferential and
more investigative.
It is time to move beyond France’s political executive to the world that surrounds it:
the other branches of government and France’s parties, interest groups, and bureau-
cracy. We begin with the deeply flawed but still indispensable forum for connecting
government to the wider civil society, the French parliament.
140 Executive policy-making
Further reading
See also list for Chapter 4.
Antoni, P. and Antoni, J.-D., Les ministres de la Ve République, Paris, Presses Universitaires de
France, 1976.
Balladur, E., Deux ans à Matignon, Paris, Plon, 1996.
Cohen, S., La monarchie nucléaire, Paris, Hachette, 1986.
Cohendet, M.-A., La cohabitation: leçons d’une expérience, Paris, Presses Universitaires de
France, 1993.
Elgey, G. and Colombani, J.-M., La Ve République, ou la République des phratries, Paris, Fayard,
1999.
Favier, P. and Martin-Rolland, M., La Décennie Mitterrand, 4 vols, Paris, Seuil, 1990–99.
Foccart, J., Journal de l’Élysée, 3 vols, Paris, Fayard/Jeune Afrique, 1997–2000.
Giroud, F., La comédie du pouvoir, Paris, Fayard, 1977.
Hayward, J. and Wright, V., Governing from the Centre: Core Executive Coordination in France,
Oxford, Oxford University Press, 2002.
Institut Charles de Gaulle, Fondation Nationale des Sciences Politiques, De Gaulle et ses Premiers
ministres, Paris, Plon, 1990.
Nay, C., La double méprise, Paris, Grasset, 1980.
Peyrefitte, A., C’était de Gaulle, 3 vols, Paris, Fayard/de Fallois, 1994–2000.
Pfister, T., La vie quotidienne à Matignon au temps de l’Union de la gauche, Paris, Hachette, 1985.
Pfister, T., Dans les coulisses de pouvoir: la comédie de la cohabitation, Paris, Albin Michel, 1987.
Pompidou, G., Pour rétablir une vérité, Paris, Flammarion, 1982.
Prate, A., Les batailles économiques du Général de Gaulle, Paris, Plon, 1978.
Schneider, R., La haine tranquille, Paris, Seuil, 1992.
Schrameck, O., Matignon rive gauche, 1997–2001, Paris, Seuil, 2001.
Servent, P., Œdipe à Matignon: le complexe du premier ministre, Paris, Balland, 1988.
Tuppen, J., Chirac’s France, Basingstoke, Macmillan, 1991.
6 The French parliament
Decline – and resurgence?
One of the most striking characteristics of the Fifth Republic is the relatively weak
position of parliament. Indeed, it has been argued that from its all-powerful position
during the Third and Fourth Republics parliament has now been relegated to a position
of total impotence. Such a view is misleading. In the first place, the decline of the
French parliament dates not from 1958 but from some four decades earlier. Secondly,
while the decline of the French parliament cannot be denied, its weakness should not be
exaggerated: in some respects the ‘decline’ resembles a convergence towards a more
general European model of a parliament neither supreme nor insignificant. Third,
weakness at the start of the Fifth Republic has since been followed by a partial recovery
of parliamentary influence as a result both of institutional reforms and of changing
political practice.
Most historians distinguish four phases in the evolution of parliamentary power in
France. The first, starting with the restoration of the monarchy in 1814, was marked
by the sporadic but apparently inexorable extension of parliamentary power, culminat-
ing in the establishment of the ‘republican Republic’ after the elections of October
1877. During the second phase, from 1877 to 1914, parliamentary supremacy was
entrenched, becoming a core component of the republican tradition. The government
was reduced to the role of a mere committee whose main task was to implement
parliament’s decisions. Within parliament, individual members exercised great power:
weak party discipline allowed them to create havoc with governmental proposals,
and to badger unstable governments into budgetary concessions in favour of their
constituencies. Parliamentary initiatives delayed the adoption of the budget and all too
often compromised the balance between revenue and spending. It was small wonder
that one critic (Gaston Jèze) could describe the parliamentary assemblies as ‘wasteful,
incompetent and irresponsible’.
The third period, 1918 to 1958, was characterised by parliament’s progressive
decline. The impact of foreign and colonial wars, of military occupation, of the
growing weight and technicality of legislation and the rise of well-organised pressure
groups all had their impact, reducing parliament’s capacity to initiate or effectively
142 The French parliament
control legislation. After World War I, important policies in foreign affairs, defence and
economic planning often completely escaped parliamentary attention. This develop-
ment was facilitated on the specific occasions, from 1924 onwards, when parliament
formally granted the government powers to legislate by decree in certain areas. But
while conceding a government’s right to legislate in its place, parliament still questioned
the political responsibility of the executive. Powerful, specialised parliamentary com-
mittees harassed ministers and earned a status as alternative governments. And none of
the well-intentioned constitutional devices introduced in 1946 by the makers of the
Fourth Republic were able to break the habits of generations.
While steadily abdicating many of their positive policy-making capacities, the par-
liaments of 1918–58 retained all their power to question and obstruct the workings of
government, for parliamentary sovereignty continued to be recognised in important
ways. Parliament had complete control of its own rules and agenda; it had the
exclusive right (though it often chose to delegate it) to legislate in any domain; it
enjoyed a near-monopoly on supplying ministers; its members enjoyed power and
prestige at the local level. Parliament frequently paralysed governments by denying
them its support. In other words, parliament was a declining yet ultimately all-
powerful body, while governments, though powerful in certain circumstances, were
generally short-lived. In these conditions neither parliament nor the government had
real power.
The fourth and final phase in the development of the French parliament opened in
1958 as parliament was first put in a subordinate place by the framers of the new
constitution and then kept there by the political practice of successive Gaullist-led
governments. Curiously, Michel Debré called the Fifth Republic, of which he was
the prime architect, a ‘parliamentary régime’. He had in mind a ‘true’ parliamentary
régime, on British lines, in which parliament could control but not destroy or supplant
executive power. In Britain, party discipline supplies the restraint necessary to this
balanced state of affairs. As a Gaullist, Debré believed that to be impossible in
a country like France, where deep social divisions were reflected in an unstable multi-
party system. Hence the notion of rationalised parliamentarianism: the idea that new
institutional arrangements should compensate for the traditional absence of a parlia-
mentary majority. The Fifth Republic is a parliamentary régime insofar as any govern-
ment needs the goodwill of the National Assembly, the lower house, to survive. But its
constitution also contains a battery of provisions designed to reduce the parliament’s
powers, prerogatives and prestige.
Since 1958, parliament has been both more and less subordinate than Debré envis-
aged. It has been more so because the unexpected appearance of a stable majority
reinforced his constitutional restrictions. It has been less subordinate, especially since
the 1970s, because a reaction in favour of parliament has enabled it to recover a little,
though far from all, of its old institutional power and political assertiveness.
Any area not covered by these two categories is left to the discretion of the government
(Article 37), which may rule any parliamentary bill or amendment out of order (Article
41), subject to confirmation by the Constitutional Council, if it falls into this ‘regula-
tory domain’. The constitution limited parliament’s law-making monopoly in two
further ways: the referendum provision in Article 11, and the formalisation, in Article
38, of Third and Fourth Republic practice allowing the government to ask parliament
for powers to legislate by decree (ordonnance).
In principle, the constitutional restriction of the law-making domain represents a
massive breach of parliamentary sovereignty, a central component of the British trad-
ition that Debré was apparently trying to emulate. The application has been somewhat
less spectacular. Bills or amendments have been ruled out of order in the Assembly on
the basis of Article 34 just 41 times, all but two of them before 1981 (on the most recent
occasion, in January 2005, the industry minister used it to refuse some 11,000 oppos-
ition amendments to a government bill revising legislation on the 35-hour week, tabled
more to cause delay than as a serious attempt to amend). Rulings of the Conseil d’État
and the Constitutional Council in this area have proved more liberal than restrictive.
The referendum has been used on only 10 occasions. On the other hand, Article 38 was
used 15 times from 1958 to 1981, 11 times from 1981 to 1997 and 6 times during the
1997–2002 parliament; de Villepin revived it, largely as a public relations device, to
effect changes to employment law after his appointment in 2005. Perhaps the most
important routine implication of Articles 34 and 37 has been that laws need decrees –
décrets d’application – before coming into force, enhancing the possibility of delay and
distortion of the legal text.
The French parliament 145
The passage of government business
The government acquired new and draconian means under the constitution to ensure the
speedy passage of its own business. Parliaments of the Third and Fourth Republics
often relegated government bills to the bottom of the agenda, buried them in commit-
tee, amended them out of recognition, or, if all else failed, defeated them. The Fifth
Republic, by contrast, gives governments the procedural means to get most of their
measures enacted in the form they choose. These include their mastery of the agenda;
the limitation of the power of parliamentary committees; the right to override and
ignore amendments; the right to turn any bill into a question of confidence; the control
of the ‘shuttle’ procedure by which bills pass between the two houses of parliament;
and special provisions for finance bills.
• The agenda. Article 48 of the 1958 constitution gave government measures priority
on the parliamentary agenda. Other business, including private members’ bills
(propositions de loi) and the (necessary) election of officials of the two houses of
parliament, not least the president (speaker) and vice-president of each, was left to
a ‘complementary’ agenda, to be discussed only if time was available. Usually it
was not: in the first twenty-five years of the Fifth Republic, the ‘complementary’
agenda occupied barely four days a year on average. The main casualty was private
members’ bills, whose share of total legislation enacted fell from nearly a third
under the Fourth Republic to an average of 13 per cent between 1958 and 1981.
And the French opposition, unlike its British counterpart, technically has no right
at all to time in which it can determine the nature of parliamentary business.
• Committees. Committees in the French parliament consider bills, and amendments
to them, before they are presented for general debate. They therefore have the
chance to define the terms of that debate, to approve some amendments and to
reject others. The nineteen specialised National Assembly committees under the
Fourth Republic tended to savage government bills beyond repair; they also moni-
tored the activities of a particular ministry with a zeal often enhanced by the chair
coveting the portfolio he was controlling. Debré did away with these ‘permanent
anti-governments’. Indeed, he envisaged that in the new régime most bills would
be sent for consideration by non-specialist ad hoc committees, analogous to the
Standing Committees of the British House of Commons, provided for in Article 43
of the new constitution. This did not happen; both the National Assembly and the
Senate (the upper house) preferred most bills to be sent to the permanent commit-
tees. But Article 43, crucially, allows only six such committees in each house. The
National Assembly now has four committees of 72 members (Defence; Finance;
Foreign Affairs; and Legal and Administrative Matters) and two of 144 members,
described as ‘two big dustbins in which the least prestigious areas of parliamentary
activity are thrown’: Production and Trade, and Cultural, Social and Family
Affairs. Less specialised, more unwieldy than their Fourth Republic predecessors,
these new committees are far less capable of detailed interference in legislation.
Moreover, the government’s mastery of the agenda means that it fixes the time
available to a committee to discuss a bill. Not surprisingly, many parliamentarians,
including successive presidents of the National Assembly, believe that there is far
too much legislation for too few committees. But no proposal to increase their
number has yet come close to adoption.
146 The French parliament
• Amendments. Both Deputies (members of the National Assembly) and Senators
may propose amendments to legislation, but under Article 44–3 the government
may, at any time, insist on a single vote on the whole bill with only such amend-
ments as it has proposed or accepted. This ‘package vote’ (vote bloqué) procedure
has been invoked, on average, more than 7 times a year in the National Assembly
since 1958, with peaks under the de Gaulle presidency (114 times in ten years), the
Chirac government of 1986–88 (43 times in two years) and the minority Socialist
governments of 1988–93 (82 times in five years) (see Table 6.1).
• The question of confidence. Under Article 49–3 of the constitution, the government
may also make any bill a question of confidence in the National Assembly, halting
parliamentary discussion. To defeat it, the bill’s opponents must table a motion of
censure against the government within twenty-four hours and vote it by an absolute
majority of all members of the National Assembly (currently 289 out of 577). This
last provision means that abstentions count, in effect, as votes for the government.
If no censure motion is voted, the bill is considered as passed. If such a motion is
carried, on the other hand, the government must resign; a dissolution of parlia-
ment will probably follow. In effect, the use of Article 49–3 invites Deputies to back
the government’s measure, whether explicitly or tacitly, or overthrow the govern-
ment and face the uncertainties of a general election. It is the ultimate weapon in
the government’s armoury, conceived for parliaments without stable majorities.
Under the Fifth Republic there have been two such parliaments, those of 1958–62
and 1988–93: between them, they account for 45 of the 81 occasions to 2005 on
which Article 49–3 has been invoked (see Table 6.1). Major issues have sometimes
been at stake: the funding of France’s atomic weapons programme (under Debré)
and the Contribution Sociale Généralisée, an unpopular but necessary measure
to shore up the social security system under Rocard, are two measures that owe
their passage to this Article 49–3. Rocard, Cresson and Bérégovoy all used it
(as had Barre before them) to adopt the budget. But Article 49–3 was also used
to accelerate procedure by governments with secure majorities – by Mauroy over
Table 6.1 Use of Articles 44–3 and 49–3 in the National Assembly, 1958–2004
1958–62 23 7 4
1962–67 68 0 0
1967–68 17 3 1
1968–73 13 0 0
1973–78 17 2 2
1978–81 18 6 2
1981–86 3 13 9
1986–88 43 8 7
1988–93 82 38 19
1993–97 24 3 3
1997–2002 13 0 0
2002–4 6 1 1
Total 327 81 48
Questions
At least as important, under the new system, as changes to the procedures of formal
censure votes (which had never brought down Fourth Republic governments anyway)
was the limitation of opportunities to question the government. The restrictions were
both quantitative (Article 48 of the 1958 constitution limited questions to one sitting a
week) and qualitative (questions lost their power to threaten the government). Under
the Third and Fourth Republics the procedure of interpellation had allowed questions
to be followed by a debate and a vote at which the Deputies could record their dissatis-
faction at the government’s answer. A government defeated on an interpellation,
though not constitutionally required to resign, often felt politically bound to go. There
were 316 interpellation debates under the Fourth Republic; they brought down five
governments (ironically, the practice, long the sole preserve of the lower house, was
introduced and regularly used in the Senate by Michel Debré). Interpellations in this
form were banned in June 1959; National Assembly Standing Orders state that they are
considered as equivalent to, and subject to the same rules as, votes of censure. The
Deputies were left with two procedures, both cumbersome and lacking in the element
of speed and surprise needed to catch a minister off balance: oral questions – put down
in advance in the Assembly’s agenda for a Friday morning, and answered, if at all,
weeks later and at the rate of half a dozen per sitting; and written questions, typically
answered by members of ministerial cabinets and thus useless as a means of holding a
minister personally to account.
Committees of enquiry
Under the Third and to a lesser extent Fourth Republics, the creation of special parlia-
mentary committees of inquiry, especially on issues relating to political scandals, could
The French parliament 149
destabilise governments. However, a government decree of November 1958 specified
that no committee was to work for longer than four months; proceedings were to be
held in secret; and they were to be halted in the event of a judicial inquiry: all powerful
disincentives to vigorous public investigation.
An overbearing executive
Parliament has suffered from cavalier treatment at the hands of successive presidents
and governments, especially as few early leaders of the executive were inclined to
redress the new constitutional balance in favour of parliament. De Gaulle had never
belonged to parliament, and blamed it for many of the shortcomings of earlier repub-
lics. Pompidou sat as a Deputy for a total of one autumn session between his stints at
Matignon and the Élysée; aside from honing his debating skills during his prime minis-
terial visits to the Palais-Bourbon, he treated parliament with benign indifference.
Among the early prime ministers, only Chaban-Delmas, president of the National
Assembly for a decade before entering Matignon, showed sympathy towards his
150 The French parliament
former parliamentary colleagues, and even this was largely cosmetic. Debré, although
(or perhaps because) he was a former parliamentarian, treated the institution with
barely disguised impatience; Messmer was apprehensive, Chirac petulant and Barre
patronising, didactic and irritable.
The cavalier treatment of parliament consisted in a combination of spectacular
affronts – de Gaulle’s refusal of a special session in 1960, or his bypassing of the Senate
in the constitutional reform proposals of 1962 and 1969 – and routine humiliations.
The latter included the regular use of the vote bloqué and urgency procedures outlined
above, and, to a lesser extent, of Article 49–3. Parliaments also had to endure the
bunching of bills into the ends of sessions: on 23 and 24 June 1970, for example,
the Senate sat for 24 hours and 40 minutes, almost as long as it had sat in the whole
of the previous April (such practices were not confined to the early years: of the 134
texts adopted in 1994 by the National Assembly, 60 were passed in December).
Bills delivered late in sessions were typically sprawling, hold-all texts, with such
informative names as diverses mesures d’ordre social; others were poorly drafted and
incorporated last-minute flurries of government amendments. Parliamentarians have
also seen government bills stuffed with detailed regulation, in violation of Articles 34
and 37. Needless to say, the quality of legislation suffered.
Three areas illustrate the government’s behaviour to parliament especially well: the
gap between laws and their implementation; the annual budget; and the government’s
responses to questions.
Implementation
Fifth Republic governments – and not only the early ones – have often rushed legisla-
tion through parliament, and then waited months or even years to implement it.
Contraception, for example, became legal in 1967, but only available when the decrees
were published in 1974. In another egregious case, decrees instituting a new penalty
system for driving offences were hurriedly watered down in June 1992 after causing
a lorry drivers’ strike, a crisis that might have been avoided had parliament been
given time to debate the law properly during its passage (under the urgency procedure)
in July 1989. Prime Minister Rocard once estimated that a third of all laws were without
their décrets d’application six months after their adoption, and a tenth were never
implemented at all – quite aside from those repealed when the parliamentary majority
changed. In October 2003, the secretariat-general of the government noted that only
10–15 per cent of décrets d’application had appeared for laws voted since the start of
the legislature in 2002; moreover, some pre-2002 legislation voted under the Jospin
government, including, for example, a law on joint ownership of residential property
that affected 6 million people, still lacked the necessary decrees to bring it into force.
Rarer, but no more satisfactory, is the opposite case illustrated by the Juppé govern-
ment: it decided to abolish military service in 1996, and advertised the rendez-vous
citoyen, a substitute patriotic rite of passage for young men, before parliament had even
debated the changes.
The budget
The government takes nine months to prepare the annual budget, producing a finely
balanced product of economic forecasts (which have the genius of being invariably
The French parliament 151
wrong), rationally quantifiable models (whose ‘rationality’ often disguises some very
irrational political choices) and nice calculations of party and pressure group interests.
Parliamentarians have then been given three months to debate it. They have suffered
both from an overload of information (receiving each year over 120 separate official
budget documents representing some 30,000 pages, as well as 9,000 pages of reports
and opinions produced by themselves) and a dearth of it (all too often crucial data, like
year-on-year comparisons, transfer of unused credits from one year to the next, match-
ing funds from elsewhere, or transfers between ministries, have not been available;
the budget’s 850 chapters, organised under headings such as personnel, information
technology, or jobs by corps and grade, have made it impossible to read or assess
programmes). Few governments have looked kindly upon parliamentary amendments
to their delicately tuned document. The debates on the budget for 2000, for example,
changed the disposal of just 7.6 billion francs (1.2 billion euros) out of a total of 1,500
billion (229 billion euros). Even then, it should be borne in mind that most budget
amendments have originated with the government (one recent study showed that gov-
ernment spokespersons regularly exceeded their allotted time in the finance committee
by over 100 per cent), and that the government has always been free to invoke the vote
bloqué procedure, or even Article 49–3. Implementation of the budget has largely
escaped parliament. Changed circumstances could lead ministers to alter important
details of their expenditure. Credits might be frozen or cancelled by the Finance Minis-
try. Significant spending items have been ‘debudgetised’, or moved to external bodies.
Parliament’s control over these, and over France’s still numerous public and semi-
public enterprises (numbering over 600 at their peak in the 1980s), has been largely
fictitious. While reforms to budgetary procedures initiated in July 2001 will change
many of these arrangements, parliamentary scrutiny of the budget over the first
half-century of the Fifth Republic will have been very limited indeed.
Questions
The attitude of early Fifth Republic governments reinforced constitutional barriers
to effective questioning of the executive. Of the 1,416 ‘oral questions without debate’
– the commonest type of oral question – tabled between 1967 and 1973, for example,
just 323, fewer than a quarter, received any reply. A question about the Ben Barka
affair (the leader of Morocco’s left-wing opposition, kidnapped in broad daylight
in Paris, then murdered with the complicity of elements in the French secret services),
put down in November 1965, received an answer (as the government euphemistically
described it) in May 1967. Ministers’ routine disrespect for questions was illustrated
by the appearance, on 28 November 1975, of the junior minister for housing to reply,
perfunctorily, to parliamentary questions concerning atomic energy, the French car
industry, the crisis in the textile industry and the speed limits of heavy lorries.
The appropriate ministers were not in parliament, despite rules stipulating that they
should be.
Domaine(s) réservé(s)
Even in comparatively uncontentious matters like professional training or regional
health funds, parliamentarians have faced obstacles in seeking information from gov-
ernments. More sensitive areas, including almost anything linked to foreign or defence
152 The French parliament
policy, are treated as off-limits to parliamentary scrutiny. Sixty per cent of all treaties
signed by France are ratified without any parliamentary debate at all. This was true,
for example, of defence agreements signed with Togo in 1963 and Cameroon in 1974,
as well as the agreements to ‘maintain order’ in Côte d’Ivoire, Gabon and Chad
between 1961 and 1963. Parliament has often been told of France’s periodic military
interventions (notably in former African colonies) only after the event, when it is
presented with the (financial) bill.
Parliament was also, initially, excluded from any discussion of European legislation,
which came to represent a direct constraint on its activities and a breach on its legisla-
tive monopoly as important as anything in the constitution. The Gaullist position,
which remained effective for twenty years, was that all European legislation amounted
merely to implementation of the 1957 Treaty of Rome, and was therefore no concern
of parliament’s.
Le fait majoritaire
The existence of stable majorities greatly enhanced the executive’s control over
parliament. Indeed, their appearance from 1962 meant that the basic premiss on which
the constitution was framed – a fragmented and undisciplined legislature – proved
unfounded. Majorities have ranged from the precarious (1967–68, 1986–88) to the
comfortable (1962–67, 1973–78, 1978–81, 1997–2002) or the massive (1968–73, 1981–
86, 1993–97, 2002–). For governments lacking a majority, as in 1958–62 and 1988–93,
the constitutional safeguards were a necessity of survival. For the others, they have
been a convenience. The real opposition under the Fifth Republic (typically of a
parliamentary régime) has not been between the executive and legislative branches
but between party majority and party opposition.
This has been so because majorities have not only existed; they have generally
been disciplined. That was not automatic. Parliamentary groups had been notoriously
weak under the Third and Fourth Republics, especially on the Right and Centre. The
Gaullists broke with this tradition and gave the new Republic its prototype disciplined
majority group. Their cohesion had five bases: rules requiring discipline on major
votes; the fact that most Gaullist Deputies owed their seats to the party ticket; the
removal, with the end of the Algerian war, of the one critical issue that had divided
them; the Gaullist political culture, receptive to strong leadership and, now, mindful
that indiscipline had nearly destroyed Gaullism under the Fourth Republic; and the
patronage of a government in a secure position to offer the chance of office, constitu-
ency favours (the budget includes a small ‘parliamentary reserve’ to accommodate
these) or even a small amount of liquid cash, from the prime minister’s ‘special funds’,
to help with election expenses. The group chairman was elected by a show of hands
(and often unopposed), took his orders in the Élysée from Jacques Foccart, derived a
part of his legitimacy from his status as the General’s anointed and won obedience
from the Gaullist Deputies in consequence. And the Gaullists, with 233 seats out of 482
in 1962, could generally dominate their Giscardian majority allies, who had 35 seats.
The Socialists, the Fifth Republic’s other great majority party, have always been more
open to discipline than the Right. Their rules require absolute voting discipline: indeed,
no group member may table a motion, an amendment or even a question without
obtaining the permission of the group’s governing bureau. In 1999, their group litera-
ture stated that ‘the primary role of Socialist Deputies is to get government bills passed,
The French parliament 153
in accordance with commitments made to the French people’. This was reflected in
their behaviour in the 64 roll-call votes taken during the 1997–2002 National Assembly,
when an average of 94.7 per cent of Socialist Deputies voted with the group position,
5.1 per cent abstained or stayed away, and only 0.2 per cent opposed their comrades.
This was nothing exceptional: the overall average support for the group position within
all six parliamentary groups, majority and opposition, in 1997–2002 was 92.9 per cent.
Debré had expected governments to discipline parliament from without, with new
constitutional powers; but disciplined majority groups allowed governments to colonise
parliament from within. Deputies backed by president or government have won election,
not only as majority group leaders, but also to the presidency of the National Assembly
(Edgar Faure under Giscard, Louis Mermaz under Mitterrand and Jean-Louis Debré
under Chirac are good examples) and to committee chairmanships. This control of key
posts in the National Assembly is all the more important because neither the constitu-
tion nor parliamentary standing orders ensure a formal status or safeguards for the
opposition. The National Assembly president remains clearly identified with the major-
ity, unlike the politically neutral speaker of the British House of Commons; and he
may, in some conditions, rule bills and amendments as unconstitutional and thus out of
order. The Conference of Presidents, which makes key decisions about the agenda (such
as which private members’ bills and even, in some cases, which questions are discussed),
has a built-in majority because the group chairmen who sit on it, with the president and
vice-presidents of the National Assembly, have block votes in proportion to the size of
their groups. Taken to its limits, therefore, the fait majoritaire has the potential to allow
government control, not only of legislation, but even of how governments are held to
account by parliament.
Opposition clearly offers more opportunities to criticise the government, which is
why many Deputies have preferred it. But there are frustrations here too: without a
formal status, for years the opposition disposed of no allocation of days in which it
could decide business and lead debates. Group discipline, moreover, applies here too,
and the meagre opportunities available for opposition politicians to shine are often
monopolised by party ‘tenors’, however unbriefed, at the expense of backbenchers,
however expert. Even more than in other parliaments, the opposition risks being
confined to a role of impotence and negativity.
A resurgent parliament?
The weakening of parliament written into key provisions at the heart of the 1958
constitution now appears irrevocable. Even among Deputies, according to a poll in
1990, a clear majority wanted to keep the vote bloqué and Article 49–3. Public demand
for parliamentarians to assume a greater legislative or policy-making role has been
slight: only 17 per cent in a 1985 poll. Yet there has been a reaction against the corseting
of parliament under the early Fifth Republic; and polls show a continuing demand,
among Deputies and voters, for parliament to be more active in holding the government
to account.
The reaction against the weakening of parliament under the Fifth Republic opened
with the Senate’s defeat of de Gaulle’s attempt to reform it out of existence at
the referendum of April 1969. Parliament was strengthened by important reforms
under Giscard; since 1988, that process has been furthered by the independence and
determination of two National Assembly presidents, the Socialist Laurent Fabius
(1988–92 and 1997–2000) and the Gaullist Philippe Séguin (1993–97). Parliamentarians
now show greater freedom in blocking, amending and even initiating legislation, and
they have become bolder in monitoring the performance of governments.
Questions
The procedure of ‘questions to the government’ was initiated in 1974 with Giscard’s
blessing, on an informal basis without being included either in the National Assembly’s
standing orders or the constitution (an anomaly not corrected in the constitution till
1995, and still unresolved in the Assembly’s standing orders). It differs from the older
158 The French parliament
‘oral questions’ formula in four respects: it is more spontaneous (with ministers being
informed of questions just two hours in advance), quicker (with shorter time limits on
both questions and answers), less controlled by the Conference of Presidents (which
allocates time to the different groups, but does not select questions) and better publi-
cised (being televised, and timetabled on a Wednesday afternoon, unlike oral questions,
which continue on Friday mornings). The first year of operation saw ministers who
had never deigned to answer oral questions in person appearing to face the Deputies.
Interestingly, the greater consideration attached to the new format increasingly
appeared to extend to the old ones as well: where fewer than a quarter of the 1,091 ‘oral
questions without debate’ tabled during the 1968–73 parliament had received any
response at all, the proportion rose to over 90 per cent in the 1981–86 parliament.
As National Assembly president, Séguin further reinforced the characteristics of
‘questions to the government’ in 1994 by splitting them over two one-hour sittings,
ending advance notice of questions, and limiting the time for both questions and
answers to two and a half minutes. Their number has therefore risen. From an annual
average of 250 during the Giscard presidency, they reached 668 per year during the
1997–2002 parliament, thirty-eight of them answered by the prime minister; questions
took up nearly 12 per cent of the 4,615 hours that the National Assembly sat. Like
question time in the British House of Commons, ‘questions to the government’ are
criticised as ritualistic confrontations. But they are an indisputable improvement on
what passed for questions before.
Extended competences
Parliament’s competences have also been extended by two institutional reforms. First,
control over European questions has been modestly reinforced: in 1979 by the creation
of a parliamentary delegation for European affairs in each house, and in 1992 and
1999, more importantly, by constitutional amendments under which parliament, under
Article 88.4 of the revised constitution, gives its opinion on proposed European legisla-
tion in a formal report and resolution before the government expresses its position to
the European Council of Ministers. Although such resolutions are not binding on
governments, they have generally taken account of them – not least because they can be
presented by France’s representation in Brussels as a national constraint that limits
their ability to make concessions to European partners.
Secondly, the amendment of 1996 allowed a parliamentary debate, for the first
time, on the annual budget for the social security system, notionally financed by
contributions negotiated between employers and employee representatives, in practice
increasingly heavily subsidised out of taxation. Both of these changes established, at
least notionally, an element of parliamentary control in important areas where there
had previously been practically none.
The French parliament 161
Parliament’s legal and material capacities, then, were substantially greater in the year
2000 than they had been at the outset of the Fifth Republic. It was better able to
monitor the government’s performance, whether through questions (more numerous
and better publicised), missions d’information or committees of inquiry; better able,
thanks to the 1974 reform, to challenge the constitutionality of government measures;
better able, too, to propose and amend legislation. Just as important has been a
reinforcement of independent behaviour.
Concluding remarks
When, in 1988, new limitations on the cumul des mandats obliged roughly 150 politi-
cians to resign one or more elective posts, only one chose to leave the National
Assembly (and he sought re-election in 1993). The politically eminent, if kept out of
government, still seek important parliamentary posts, such as the National Assembly
presidency or committee chairmanships: in 1997 Foreign Affairs, the most prestigious
committee (which meets rarely but travels often), included a former president (Giscard)
and four former prime ministers (Balladur, Fabius, Barre and Juppé); former culture
minister Jack Lang succeeded Giscard as chairman in 1997 before becoming education
minister in 2000; the committee of 2002, though somewhat less lustrous, was still
chaired by Balladur and included Fabius and Lang among its distinguished members.
Parliament, and more specifically the National Assembly, remains central for French
politicians because it retains significant powers and high visibility. It is a significant
transformer, and occasionally initiator, of laws. It defines at least some of the limits of
what governments can do. It serves, still, to reveal political talent: a whole generation of
right-wing leaders, including Philippe Séguin and Alain Madelin, won their spurs
opposing left-wing government bills round the clock in 1981. Moreover, a political
consensus has come to favour parliament’s rehabilitation and reinforcement after the
corset years of the early Fifth Republic. That consensus includes heirs of de Gaulle like
Chirac or Séguin; only a handful of surviving first-generation Gaullists (such as the
former president of the Constitutional Council, Yves Guéna) oppose it. It has enabled
parliament to regain some of its lost prerogatives: enough, certainly, to render the term
rubber stamp as inappropriate in the twenty-first century as it was plausible in the
1960s. Developments such as a reform of the parliamentary committee system (sought
by Jean-Louis Debré), or a growth in the activities of parliament’s evaluation offices,
would extend the process further. The five-year presidential term could have a large
impact on the context of parliament’s work. The near-continuous institutional reform
in which France has been engaged since the late 1980s, to the disquiet of observers like
Guéna, shows few signs of halting. And it has tended, on balance, towards the
reinforcement of parliament.
If parliament is central for politicians, however, it seems less so for the wider popula-
tion. No parliament can hope to be a mirror image of its voters; all, in Western demo-
cratic countries, give undue space to middle-class, middle-aged, white men. But the
French National Assembly is especially unrepresentative. The proportion of women, at
10.9 per cent in 1997 and 12.7 per cent in 2002, was barely above that of Greece, and
only 6 per cent higher than the level reached in France in November 1946. The 2002
figure was despite recent legislation setting out penalties (in terms of public funding) for
parties that failed to ensure gender parity among candidates: while minor parties
respected male–female parity quite carefully, for the sake of the financial reward, the
major ones sought to maximise their parliamentary representation (which in their
The French parliament 165
view required the reselection of almost all sitting male Deputies who wished to run),
and took the penalty for ignoring the law. Again, the growing population of second-
generation immigrants is entirely left out: just one black Deputy represented a main-
land French constituency in 1997, a number that fell to zero when he was beaten in
2002. The National Assembly’s composition is further skewed by the generous facilities
enjoyed by public employees to swim in and out of careers according to electoral
fortune; hence, in part, the over-representation of teachers – and the very low numbers
of blue-collar or even white-collar workers. Many of France’s most eminent politicians,
moreover, are products of the senior civil service, who use parliament merely as a transit
point between ministerial cabinets and government office.
The unrepresentativeness of parliamentarians might matter less if the electorate
appreciated their work. But voters are far from unanimous in doing so. Fifty-two per
cent of respondents to a poll in 1989 considered that Deputies did not do their jobs
conscientiously; two years later, 43 per cent thought that parliament in general was
not doing its job well, against 37 per cent who took a more positive view. Deputies
themselves were unsure: according to a survey in 1990, 69 per cent thought that the
parliament was not adequately filling its function of calling the executive to account.
In part, the public’s view reflects the fact that, despite recent reforms, parliament
has lost powers (and power) since the advent of the Fifth Republic and of the fait
majoritaire. The executive retains, and still uses, formidable means with which to get its
own way (in January 1996, the Juppé government invoked Article 49–3, decree powers
under Article 38 and the accelerated legislation procedure of Article 48 at the same time
in order to enact controversial reforms to the social security system). The president of
the Republic, head of the executive outside periods of cohabitation, is beyond parlia-
mentary scrutiny unless accused of high treason. And, crucially, the uniquely French
phenomenon of the cumul des mandats still encourages parliamentarians to neglect
their role as national legislators for a more rewarding one as local barons.
Both a cause and a consequence of the public’s dissatisfaction with parliament has
been its loss of ground, as a major forum of political debate, to the media and, more
recently, to the judiciary. In all the big crises of the de Gaulle presidency – the ‘barricades
week’ in Algiers in 1960, the ‘generals’ putsch’ the following year and the ‘events’ of
May 1968, parliament was reduced to the role of impotent spectator. Mitterrand’s
economic U-turn of 1983, in many ways the economic turning point of the post-war
half-century, was done without any reference to parliament. The 1991 Gulf war pre-
sented a notable contrast between the frequent appearances of generals and govern-
ment officials before congressional committees in Washington, and the absence from
the Palais-Bourbon of their French counterparts, who preferred the television studios.
The rise of the extreme right-wing leader Jean-Marie Le Pen is also a revealing case in
this respect. His appearance on a flagship television interview programme early in 1984
greatly increased both his recognition and his approval ratings. By contrast, his two
years at the head of the Front National group in the National Assembly made little
difference to public perceptions of him. More generally, ministers are more likely to
announce policy initiatives in interviews or press conferences than in parliament;
governments do not even have to justify policy in the ritual of a Queen’s Speech debate,
still less in the rigour of a congressional hearing. And their adversaries in opposition
are at least as likely to rush to the television studios to reply. Parliament’s continuing
shortcomings as a forum within which to hold the government to account have also
meant that the judiciary has taken over part of its role as exposer of scandals, most
166 The French parliament
notably in the political funding cases that became all too numerous from the late 1980s.
The French parliament, despite recent reforms, is neither an arena for aggressive ques-
tioning of the executive, on the model of the British House of Commons, nor a ‘work-
ing’ parliament (arbeitsparlament) dedicated to the serious processing of legislation,
like the German Bundestag.
Finally, while parliament has certainly regained some power within a strictly French
context, the outside world has not stood still in the meantime. The growth of European
law has restricted parliament’s role as law-maker more than the formal provisions of
Articles 34 and 37 of the constitution. Europe decides questions ranging from the
amount of permissible state aid to Renault to the specifications of automobile motors,
or the levels of competition required in the electricity or rail industries. Parliament’s
legislative role is thereby limited and constrained – despite the opportunities for scru-
tiny of European legislation provided by Article 88–4 of the constitution. The Jacobin
notion of law as a sovereign act establishing universal obligations binding on citizens,
still plausible in 1958, has been increasingly open to question. Both the sources of law
(Europe and judges, as well as parliament) and its applications (as one part of an
interlocking framework of obligations between institutions, for example) have become
more complex.
The French parliament’s further recovery will still require it to reinforce its position
vis-à-vis the executive, as a proposer and amender of legislation and, above all, as a
body able to call the executive effectively to account on any issue. For it to fulfil these
functions requires both legal and technical means, and a change of focus which would
be best achieved by the further limitation of the cumul des mandats. Even if it achieved
this, it could not hope, in a more polycentric structure of government, to recapture
the ‘centrality’ it enjoyed under earlier Republics. But the competent fulfilment of
more limited functions might regain a respect and interest on the part of voters that
it currently tends to lack.
Further reading
Abélès, M., Un ethnologue à l’Assemblée, Paris, Odile Jacob, 2000.
Ameller, N., L’Assemblée Nationale, Paris, Presses Universitaires de France, 1994.
Avril, P., Les Français et leur parlement, Paris, Casterman, 1972.
Baguenard, J., Le Sénat, 2nd edition, Paris, Presses Universitaires de France, 1996.
Belorgey, J.-M., Le parlement à refaire, Paris, Gallimard, 1991.
Camby, J.-P. and Servent, P., Le travail parlementaire sous la Cinquième République, 4th edition,
Paris, Montchrestien, 2004.
Cayrol, R., Parodi, J.-L. and Ysmal, C., Le député français, Paris, Armand Colin, 1973.
Chandernagor, A., Un parlement pour quoi faire?, Paris, Gallimard, 1967.
Chrestia, P., ‘La rénovation du parlement, une œuvre inachevée’, Revue française de droit
constitutionnel, 30, 1997, pp. 293–322.
Duhamel, O., ‘Députés sondés’, in SOFRES, L’état de l’opinion 1991, Paris, Seuil, 1991,
pp. 163–80.
Frears, J., ‘The French parliament: loyal workhorse, poor watchdog’, West European Politics,
13(3), July 1990, pp. 32–51.
Jan, P., Les Assemblées parlementaires françaises, Paris, La Documentation Française, 2005.
Kimmel, A., L’Assemblée Nationale sous la Cinquième République, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1991.
Mastias, J., Le Sénat de la Cinquième République, Paris, Economica, 1980.
The French parliament 167
Maus, D., Le parlement sous la Ve République, Paris, Presses Universitaires de France (collection
Que Sais-Je?), 1996.
Pouvoirs, no. 34, 1985, ‘L’Assemblée’; no. 44, 1988, ‘Le Sénat’; no. 64, 1993, ‘Le parlement’.
Revue Française de Science Politique, 31(1), February 1981, special issue on ‘Le parlement
français sous trois présidents, 1958–1980’.
Smith, P., The French Senate, 2 vols, Lampeter, Mellen Press, 2005.
Williams, P., The French Parliament, 1958–1967, London, George Allen and Unwin, 1969.
The National Assembly (126, rue de l’Université, 75007 Paris) publishes a series of
booklets entitled ‘Connaissance de l’Assemblée’, with titles including Les principales
étapes de la procédure législative (1997), L’Assemblée Nationale et les relations interna-
tionales (1998), L’Assemblée Nationale et l’Union européenne (1998), Les questions à
l’Assemblée Nationale (1997), Le statut du député (1997), as well as the Assembly’s own
rules of procedure (in French and English).
The National Assembly’s website, at http://www.assemblee-nationale.fr, posts an
annual statistical review of parliamentary activity (Bulletin de l’Assemblée Nationale,
Statistiques), as well as a recapitulation for each parliament, from which most of the
statistics in this chapter are drawn. It also supplies biographies of individual Deputies
and links to the progress of specific bills.
7 The Left and the Greens
The dilemma of government
For de Gaulle, ‘Le régime des partis, c’est la pagaille’: a party-dominated régime meant
a mess. Parties might, at best, represent partial, sectional interests in society with more
or less integrity. By definition, however, they could never be trusted with the national
interest. Indeed, he blamed the failures of the Third and Fourth Republics – govern-
mental instability, policy immobilism and, in 1940, national collapse in the face of the
German invasion – on the unchecked power of parties. Notwithstanding an attitude
that varied from barely concealed mistrust to active contempt, in 1958 he was prepared
– not least in order to reassure those who saw him as a dictator preparing to suspend all
normal political activity – to include a grudging constitutional guarantee of their free-
doms. Article 4 of the 1958 constitution (the first such passage to appear in a French
constitutional text) states that: ‘Political parties and groups shall play a part in the
expression of universal suffrage. They shall be formed, and shall carry on their activ-
ities, freely. They are obliged to respect the principles of national sovereignty and
democracy.’
Little that has happened since then has made French party politics any less messy.
This makes France a difficult environment for the study of political parties and elect-
oral behaviour, but also an attractive one. France offers an almost unrivalled range, for
a single country, of what Klaus von Beyme called familles spirituelles: the far Left,
Communists, Socialists, Greens, liberals, Christian Democrats, conservatives and the
extreme Right are all present, more or less, in force. It is true that France has no
agrarian party and that regionalist parties, in such areas as Brittany, Corsica, Alsace
and Savoy, tend to be electorally very weak; on the other hand these lacunae have been
compensated by the presence of other political forces, whether sublime (Gaullism) or
ridiculous (the birdshooters of Chasse, Pêche, Nature, Traditions (CPNT)) that are
more or less recalcitrant to von Beyme’s broad classifications. To the interest offered by
this varied political bestiary should be added the liveliness of political polemic, the wide
The Left and the Greens 169
range of organisational types, the diversity of electoral competition and the paradoxes
that this complex environment throws up.
The tendency of the French to articulate political argument in strongly ideological
terms has been noted in Chapter 1; although its intensity has decreased since the Fourth
Republic, it may still lend a vigour to polemic that is lacking in other political systems,
as the referendum campaign of 2005 demonstrated. The range of different types of
party organisation deserves closer attention. It was a French political scientist, Maurice
Duverger, who pioneered the classification of parties into organisational types by draw-
ing a contrast between ‘mass’ and ‘cadre’ parties. The mass party, in Duverger’s profile
(dating from 1951), is a highly structured entity with a large, regular, dues-paying
membership, strong discipline (applying notably to its elected officials) and a large and
not very flexible body of (usually left-wing) doctrine. The cadre party, on the other
hand, is a very loose network of elected officials, with no rank-and-file membership to
speak of: though their political views may be broadly similar, the elected officials are
unconcerned with the fine points of doctrine, and enjoy considerable independence
from the (rudimentary) party organisation thanks to their personal, localised, bases of
support. Two other archetypes may to be added to Duverger’s. The ‘catch-all’ party,
theorised in the 1960s by the American Otto Kirchheimer and, as the parti d’électeurs,
by the French political scientist Jean Charlot, combined the discipline and structured
organisation of the mass party with the doctrinal flexibility of the cadre party – and
added both a broad electoral appeal to a very wide range of social groups and a fixation
on the personal qualities of the party leader. Finally, the ‘cartel’ model outlined by Katz
and Mair in 1995 highlights the growing material dependence of parties on the state,
especially through the spread of public financing of parties and elections; the weaken-
ing, not only of ideological confrontation, but of the roots of parties and politicians in
civil society; and the inability of parties to offer the voters more than a choice of very
similar managerial options for public policy-making. Each of these models corres-
ponds to one or more parties or aspects of party competition in Fifth Republic France.
However, because French politics is often localised and personalised, parties that seek a
large membership, structure and discipline may nevertheless find themselves subject to
a sort of gravitational pull towards the cadre model.
The diversity of electoral competition in France is structured by the diversity of
electoral systems. There are six levels of direct electoral competition in France:
European, presidential, parliamentary, regional, cantonal and municipal. To these
should be added the indirect elections to the Senate (via the electoral college of 150,000
local and regional councillors) and referenda. French electoral laws, which have fre-
quently been changed in the course of the twentieth century (usually as a function of a
narrow but inept calculation of self-interest on the part of the incumbent parlia-
mentary majority), have generally selected one of two main options, the two-ballot
system or proportionnelle départementale. The two-ballot system, with single-member
constituencies, has been used for every parliamentary election of the Fifth Republic
except that of 1986. A wide range of candidates stand at the first ballot, which is only
decisive if one of them wins both an absolute majority of votes cast and the votes of at
least a quarter of registered electors. If (as is usually the case) no candidate achieves
such a first-round win, then a second ballot is held a week later, which is won by the
leading contender as in a British first-past-the-post election. In practice, many victori-
ous candidates at this run-off ballot win by an absolute majority, because they have
fewer opponents than at the first round. Some first-round candidates are eliminated by
170 The Left and the Greens
the electoral law: the run-off is open only to candidates who have obtained a set number
of votes at the first ballot, fixed by law at 5 per cent of votes cast in 1958 and 1962, 10
per cent of registered voters in 1967, 1968 and 1973, and at 12.5 per cent of registered
voters from 1978. Moreover, most parties narrow the field further by concluding pre-
election agreements providing for mutual withdrawals of candidates after the first bal-
lot in favour of better-placed allies; the system therefore rewards parties that conclude
such alliances and penalises those (usually on the political extremes) that do not. A
variant on the two-ballot system is used for cantonal elections (to the councils of
France’s 100 départements) and for direct presidential elections: at the latter, only the
two leading contenders are present at the run-off and the interval between ballots is two
weeks instead of one. At regional elections, however, and at a single parliamentary
election (in 1986), proportionnelle départementale has applied. This is a single-ballot
proportional list system, under which each département is a multi-member constitu-
ency. Seats are shared out proportionally to the score of each list within the département
(with some majoritarian correctives in the detailed rules, and an extension of constitu-
encies to cover whole regions in 2004). A variation of this system is used for European
elections, but the constituency base is different. From 1979 to 1999, the whole of France
was a single constituency for the election of the nation’s MEPs; in 2004 the country was
divided into eight super-regions to elect French MEPs, who currently number seventy-
eight. Finally, a hybrid two-ballot system is used for municipal elections in France’s
towns and cities, combining sufficient safeguards to ensure a clear municipal majority
with a ‘dose’ of proportional representation to allow an opposition voice on the council.
The relationship of the electoral system to the configuration of parties is a complex
one in any state. What is clear in the French case is, first, that the various electoral
systems in force allow the space for multiparty competition (to a far greater extent than
does the British system) and, secondly, that the coexistence of several systems at differ-
ent levels of election have led to differing patterns of competition and co-operation
between parties: for example, proportionnelle départementale does not include the same
incentives as the two-ballot system for pre-election alliances between parties. The situ-
ation is further complicated when a referendum is called, for then the question at issue
may cut across party divisions – especially if it concerns Europe. This was true of the
referendums held in 1972, 1992 and (especially) 2005.
The position of parties in France is paradoxical in two senses. In the first place, they
are simultaneously ubiquitous and weak. De Gaulle’s ambition to create a presidency
‘above parties’, to be won by direct competition before the voters between individuals
free of partisan ties, was quickly revealed as an uncharacteristically naive dream. The
first direct presidential election in 1965 quickly became an occasion for partisan con-
frontation; the presidency has been the object of party (as well as personal) strategies
ever since. Moreover, as is shown in Chapter 11, party divisions pervade (and thereby
weaken) a very wide range of French interest groups, from trade unions to anti-racist
groups to lawyers’ or doctors’ professional associations. If it is unsurprising that no
aspect of politics is a party-free zone, it is more remarkable that parties have penetrated
to other aspects of society where in other countries their intrusion would be considered
unwelcome. In other ways, however, French parties can be considered weak. In the first
place, parties command little respect among a public that is generally inclined to share
de Gaulle’s view of them. Successive surveys since 1985 have found between 18 and 24
per cent of respondents trusting ‘parties in general’, compared with ratings of 44–52
per cent for parliamentarians, 49–59 per cent for the civil service, 67–77 per cent for
The Left and the Greens 171
mayors – and even 25–32 per cent for ‘politicians in general’. Anti-party sentiment was
an important factor in the dramatic first ballot of the 2002 presidential elections, when
candidates representing the mainstream ‘parties of government’ of Left and Right were
supported by less than 46 per cent of the registered electorate between them, compared
with 20.5 per cent for the extremes of Right and Left and 30.8 per cent for abstentions
and spoilt ballots. This result allowed the far Right candidate (and fierce critic of
established parties) Jean-Marie Le Pen to win a place at the run-off ballot. Secondly,
parties are bad at attracting members (Table 7.1) – and worse at keeping them. Member-
ship density in France (the ratio between the total number of party members and the
total number of registered voters) has been among the lowest in Europe for half a
century: a comparative study by Mair and van Biezen, based on figures from the late
1990s, put France, with a density of 1.3 per cent, nineteenth out of twenty European
countries – ahead only of Poland, behind the UK, and well behind countries such as
Germany (with a membership density of 2.9), Spain (3.4), or Italy (4.1). With the
exception of the Communists, no French party has sustained a membership of over
200,000 on anything but an ephemeral basis; few have managed much over 100,000 for
very long. All parties have difficulty sustaining activity among those members that they
have. And even the Communists were known as a parti-passoire, a ‘colander party’, for
the speed at which members passed through and out after the first flush of idealism.
The third aspect of party weakness in France is electoral. Parties structure political
competition, but they do not monopolise it: dissidents with local roots, who might be
crushed by party machines elsewhere, may thrive in France. Finally, and partly for this
reason, parties are impermanent. Splits and mergers occur with a regularity and an
unscrupulousness that recall the world of business. Of all French parties in 2005, only
the (much weakened) Communists could boast an unbroken existence since the fall of
the Fourth Republic in 1958; all the others had either been founded for the first time
since then (like the Greens, or the Front National) or relaunched one or more times
(like the Socialists, the Gaullists, and the various incarnations of the non-Gaullist
moderate Right). This instability exasperated Katz and Mair to such an extent that they
chose simply to leave France out of their 1992 data book on party organisations in
Western democracies.
A second paradox is that the untidiness and instability that characterise the land-
scape of French political parties coexist with a remarkable stability of the division
between Left and Right. The ideological parameters of this division, and its limitations,
were discussed in Chapter 1; some of its electoral dimensions will be considered in
Chapter 9. The Left–Right divide is still easily recognised and readily used by the
French when they talk about politics; it has shaped the successive alternances of differ-
ent political forces in government since 1981; it will therefore structure the main
division between the chapters on parties.
Communist Socialist Green Centrist Non-Gaullist moderate Gaullist Euro- Extreme Right Est’d Total as
Right sceptic (Front National) total* % of
Right electorate
Claimed Estimated Claimed Estimated Estimated Claimed Estimated Claimed Estimated Claimed Estimated Claimed Claimed Estimated
late 1940s 1,000,000 800,000 340,000 125,000 50,000 400,000 1,675,000 6.7
late 1950s 425,150 300,000 85,000 60,000 40,000 10,000 280,000 20,000 430,000 1.7
early 1960s 420,000 330,000 74,000 55,000 40,000 20,000 7,500 150,000 86,000 498,500 1.8
late 1960s 380,000 84,000 60,000 25,000 15,000 180,000 160,000 615,000 2.2
early 1970s 450,000 146,000 25,000 3,000 238,000 100,000 724,000 2.4
late 1970s 632,000 520,000 200,000 17,500 145,000 8,500 760,347 160,000 900 906,900 2.6
early 1980s 600,000 380,000 200,000 180,000 43,000 12,500 60,000 10,000 850,000 200,000 65,000 10,000 792,500 2.8
late 1980s 604,285 330,000 180,000 49,000 20,000 142,113 50,000 771,113 2.1
early 1990s 220,000 150,000 125,000 12,500 25,000 148,000 48,000 578,500 1.5
late 1990s 210,000 100,000 148,795 10,000 40,000 33,000 10,000 80,424 33,000 60,000 42,000 464,200 1.3
post-2000 133,767 120,027 8,525 44,000** 180,858† 15,000 60,000 562,177 1.4
Sources: C. Ysmal, ‘Transformations du militantisme et déclin des partis’, in P. Perrineau (ed.), L’Engagement politique: déclin ou mutation? (Paris, Presses de la Fondation Nationale des Sciences Politiques, 1994), pp. 48–9; A.
Knapp, Le Gaullisme àprès de Gaulle (Paris, Éditions du Seuil, 1996), p. 391; Y. Mény and A. Knapp, Government and Politics in Western Europe (3rd edition, Oxford, Oxford University Press, 1998), p. 55; P. Bréchon, Les Partis
politiques (Paris, Montchrestien, 1999), pp. 107–8; Le Monde, 23 November 1999, 23–24 January 2000, 22 February 2000, 18 October 2004, 22 November 2004, 28 November 2004, 22 January 2005; http://www.pcf.fr (results of
members’ vote for 32nd congress, dates 28 February 2003); http://www.u-m-p.org/site/index.php, visited 13 July 2005; http://www.frontnational.com; press office, Mouvement pour la France.
Notes
* Annual totals are calculated on the basis of estimates where available, and of claimed figures where no estimates have been made.
Years for data
Communist: 1947, 1959, 1964, 1969, 1974, 1978, 1984, 1987, 1990, 1998, 2003
Socialist: 1946, 1958, 1963, 1968, 1974, 1978, 1983, 1988, 1992, 1999, 2004
Green: 1999, 2004
Centrist: 1946, 1958, 1962, 1968, 1974, 1979, 1983, 1986, 1992, 1997, 2005 (**New UDF)
Non-Gaullist moderate Right: 1947, 1958, 1961, 1970, 1979, 1983, 1986, 1992, 1999
Gaullist: 1947, 1958, 1963, 1969, 1973, 1978, 1985, 1989, 1994, 1999, 2005 (†UMP)
Euro-sceptic Right: 1999 (RPF), 2005 (MPF)
Front National: 1979, 1985, 1992, 1999, 2004 (claim for members ‘and sympathisers’).
The Left and the Greens 173
old SFIO. Attached to a certain Marxist discourse about class struggle, but also steeped
in the French republican tradition and respectful of the democratic rules of ‘bourgeois’
politics, they did not carry internationalism to the point of taking orders from Moscow.
The majority of the delegates (though a minority of parliamentarians), on the other
hand, voted for affiliation, and formed the Communist Party (Parti Communiste
Français, or PCF). Though often unaware of the full implications, they were voting to
become a Leninist party, and soon a Stalinist one: subordinate to Moscow’s directives,
contemptuous of ‘bourgeois’ political systems and freedoms, committed to creating a
disciplined, hierarchical revolutionary vanguard organisation, and ready to use both
open political processes and clandestine activities to smash the bourgeois capitalist
state and replace it by a socialist republic of workers’ councils.
For nearly half a century, the most important originality in the configuration of
France’s left-wing parties was the coexistence and competition of a Communist Party
and a Socialist Party of something close to comparable strength, split by deep ideolo-
gical divisions which have made alliances invariably problematic. Their stormy relation-
ship has varied between fierce enmity (1920–34, 1939–41 and 1947–62); minimal,
tactical alliances (1977–81 and 1984–96); and co-operation, more or less close (1934–38,
1941–47, 1962–77, 1981–84 and 1996 to the present). One major theme of this chapter
is the struggle for predominance, inside and outside alliances, between these two frères
ennemis of the Left. That struggle, as well as the fear of Communism among moderate
voters in the context of the Cold War, helped to keep the Left out of power from the
foundation of the Fifth Republic until May 1981. Both were attenuated (but not ended)
by that year’s victories and by the catastrophic decline of Communism thereafter, first
within and then, from 1989, beyond France.
Even in a close and credible alliance, however, the Socialist and Communist Left has
rarely commanded an electoral majority. In order to win elections, other, albeit smaller,
elements have usually been necessary. Some votes, at second ballots, have come from the
various Trotskyist and far left-wing groupings which between them have commanded
anything up to 10 per cent of the vote, though usually a much lower figure (Tables 7.2
to 7.4). Support has also come from more moderate sources: from anti-clerical
Radicals, the remains of the great governing party of the Third Republic; from left-
wing Catholics, some of whom gravitated to the little Parti Socialiste Unifié; or, most
recently, from the ecology movements. Such support is usually, though not always,
secured via inter-party agreements. The most recent example of this is the gauche
plurielle alliance which won the 1997 parliamentary elections and carried the Socialist
leader, Lionel Jospin, to the premiership: it incorporated a relatively new player, the
Greens, into the established party system, but with a cost in additional intra-coalition
rivalries that were to lose Jospin his place at the second ballot of the presidential
election in 2002.
A third theme, far from unique to France, concerns the difficulties of left-wing
parties in delivering on their promises in an international capitalist context which has
rarely been favourable. This was as true in 1936, when the Socialist Léon Blum took
office at the head of a Popular Front coalition of Socialists, Communists and Radicals,
as it was in 1981 when Mitterrand brought a comparable coalition to power with a
particularly heavy burden of hopes and promises. The favourable economic context of
the first four years of the Jospin premiership, including, briefly, an embarrassment of
unexpectedly high tax receipts, was unusual. But even this benign environment did not
dispel a tension between the need to meet voter expectations on social issues (and, for
Table 7.2 Results of National Assembly elections under the Fifth Republic1
Date Extreme Communists Socialists Other Greens Non- Gaullists Extreme Others Total Total Total Total Total Valid Blank
Left moderate Gaullist Right Left moderate Right moderate votes and
Left2 moderate including Left Right cast spoilt
Right3 Greens ballots
% of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of seats % of total
vote vote vote vote vote vote vote vote vote vote vote vote vote vote electorate
1958 0.0 0 18.9 10 15.5 43 10.9 39 n.c.5 0 31.1 172 20.6 216 2.6 1 0.5 0 45.2 92 26.4 82 54.3 389 51.7 388 100.0 481 75.2 2.0
1962 2.0 0 21.9 41 12.4 66 7.4 44 n.c. 0 23.0 98 32.4 233 0.8 0 0.0 0 43.8 151 19.9 110 56.2 331 55.4 331 100.0 482 66.6 2.1
1967 2.2 0 22.5 73 18.9 123 0.0 0 n.c. 0 23.7 91 32.1 200 0.6 0 0.0 0 43.6 196 18.9 123 56.4 291 55.8 291 100.0 487 79.3 1.8
1968 4.0 0 20.1 34 16.5 58 0.0 0 n.c. 0 20.8 102 38.0 293 0.1 0 0.5 0 40.6 92 16.5 58 59.0 395 58.9 395 100.0 487 78.6 1.4
1973 3.2 0 21.4 73 19.1 102 2.1 3 n.c. 0 29.0 129 24.6 183 0.5 0 0.0 0 45.8 178 21.2 105 54.1 312 53.6 312 100.0 490 81.3 1.8
1978 3.3 0 20.6 86 22.8 115 3.5 0 2.0 0 23.9 136 22.8 154 0.8 0 0.2 0 52.2 201 28.4 115 47.5 290 46.7 290 100.0 491 81.6 1.6
1981 1.2 0 16.1 44 36.1 289 2.2 0 1.1 0 21.7 70 21.2 88 0.3 0 0.0 0 56.7 333 39.3 289 43.2 158 42.9 158 100.0 491 69.9 1.0
4 4 4
1986 1.5 0 9.7 35 30.8 212 2.0 4 1.2 0 44.6 136 155 10.1 35 0.1 0 45.2 251 34.0 216 54.7 326 44.6 291 100.0 577 75.1 3.4
1988 0.4 0 11.3 25 34.9 275 2.6 5 0.3 0 21.3 141 19.2 130 9.8 1 0.2 0 49.6 305 37.9 280 50.3 272 40.5 271 100.0 577 64.7 1.4
1993 1.7 0 9.1 23 17.8 57 2.4 13 11.1 0 23.8 227 20.3 257 12.9 0 0.3 0 42.7 93 31.8 70 57.0 484 44.1 484 100.0 577 65.8 3.7
1997 2.6 0 9.9 36 23.8 250 4.0 26 6.9 8 20.7 116 15.4 140 15.3 1 1.2 0 47.3 320 34.8 284 51.4 257 36.2 256 100.0 577 65.1 3.3
2002 2.8 0 4.8 21 24.1 141 3.8 13 5.7 3 10.13 303 33.36 3696 12.7 0 2.7 0 41.2 178 33.6 157 56.1 399 43.4 399 100.0 577 63.0 1.4
Sources: Based on A. Lancelot, Les élections nationales sous la Ve République (3rd edition, Paris, Presses Universitaires de France, 1998); Le Monde, 12 June 2002, for 2002.
Notes
1 All figures for votes are given as a percentage of the first-ballot vote in metropolitan France only, except those for 2002, which include overseas départements and territories. All figures for seats are total numbers, including seats for both metropolitan France and for overseas
départements and territories (except for 1958, where Algerian seats have been excluded). Deputies not registered with any parliamentary group (normally between ten and twenty in an average Assembly) are classified in the table according to nearest partisan proximity.
2 ‘Other moderate Left’: chiefly Radicals and ‘various Left’. Radical candidates were part of the Socialist-led federation in 1967 and 1968, and their votes are classified under the Socialists’ for these years. From 1973 to 1993, Radicals ran under their own colours but joined the
Socialist parliamentary group. For 1997, ‘Other moderate Left’ includes the Radicals and Jean-Pierre Chevènement’s Mouvement des Citoyens, which together with the Greens formed the Radical-Citoyen-Vert group.
3 Up to 1973, this classification includes both the Centrists outside the Gaullist-led majority and those other groups of the non-Gaullist moderate Right that supported the government, chiefly Valéry Giscard d’Estaing’s Républicains Indépendants and, for 1973, the majority
Centrists. From 1978 to 1997, the non-Gaullist moderate Right consists of the UDF and ‘various Right’. For 2002, it includes all moderate right-wing candidates not bearing the endorsement of the Union pour la Majorité Présidentielle.
4 The 1986 elections, unlike all others listed here, were run on a proportional list system with a single ballot. Gaullists and UDF ran joint lists in most départements, making their respective votes impossible to separate. The 44.6 per cent under non-Gaullist moderate Right
therefore includes the whole of the moderate right-wing vote, Gaullist and non-Gaullist.
5 No candidates.
6 The 2002 figures are for the Union pour la Majorité Présidentielle, a broad right-wing group with the RPR as its core component, but including substantial forces from the non-Gaullist moderate Right as well.
Table 7.3 Results of presidential elections (first ballots), 1965–2002
Extreme Communist Socialist Other Greens/ Total Non- Gaullist Other Extreme Others Total Total
Left moderate Ecology Left Gaullist moderate Right moderate Right
Left including moderate Right Right
Greens Right
1965 n.c. n.c. 31.7 n.c. n.c. 31.7 15.6 44.7 1.7 5.2 1.2 62.0 67.2
1969 1.1 21.3 5.0 3.6 n.c. 31.0 23.3 44.5 1.3 n.c. n.c. 69.1 69.1
1974 2.7 n.c. 43.3 n.c. 1.3 47.4 32.6 15.1 3.7 0.8 0.4 51.6 52.4
1981 2.3 15.4 25.9 3.3 3.9 50.8 28.3 21.0 n.c. n.c. n.c. 49.3 49.3
1988 4.5 6.8 34.1 n.c. 3.8 49.1 16.5 20.0 n.c. 14.4 n.c. 36.5 50.9
1995 5.3 8.6 23.3 n.c. 3.3 40.5 18.6 20.8 4.7 15.0 0.3 44.1 59.1
2002 10.4 3.4 16.1 7.6 5.3 42.3 12.6 19.9 1.2 19.2 4.2 33.7 52.9
Sources: Based on A. Lancelot, Les élections nationales sous la Ve République (3rd edition, Paris, Presses Universitaires de France, 1998); Le Monde for 2002.
Note
n.c. = no candidate.
Table 7.4 Results of presidential elections (second ballots), 1965–2002 (all figures as percentage of votes cast, including overseas départements and
territories)
Sources: Based on A. Lancelot, Les élections nationales sous la Ve République (3rd edition, Paris, Presses Universitaires de France, 1998); Le Monde for 2002.
Note
n.c. = no candidate present at second ballot.
The Left and the Greens 177
the Greens, on environmental ones as well) while establishing credibility as economic
managers – ‘managers of capitalism’, in Communist parlance – which has inevitably
fuelled conflict and competition both between and within the parties of the Left.
Figure 7.1 Votes for the Communist Party (% of votes cast, first ballot in two-ballot elections),
1956–2004.
party settling to a steady 20-plus per cent of the vote (see Table 7.2). The electoral
decline under the Fifth Republic only started after 1979. Four sets of figures illustrate
its dimensions. First, in the parliamentary elections of 1978, the PCF attracted 5.8
million voters, or 20.6 per cent of the vote; by the 1997 parliamentary elections both
figures had more than halved, to 2.5 million voters or 9.9 per cent of votes cast; five
years later, at the parliamentary elections of June 2002, they had halved again, to 1.26
million, or 4.8 per cent. At the presidential election of the same year, the Communist
candidate Robert Hue had attracted fewer than a million voters, and a vote share, at 3.4
per cent, lower than that of two of his three competitors from the extreme (Trotskyist)
Left. Second, whereas in 1978 the PCF won over 20 per cent of the vote in forty-five –
nearly half – of the ninety-six départements of metropolitan France, in 1997 it reached
this figure in just three départements. By the 2002 parliamentary elections, not only did
it fail to win 20 per cent of the vote in even one département; it was obliged, in order to
keep the handful of seats needed to form a parliamentary group, to enter into
unprecedented swaps of constituencies with Socialist and Green allies from the first
ballot. Third, whereas in 1978, with 39 per cent of the blue-collar vote (more than any
other party), the PCF could still justify its claim to be the party of the working class, by
1997 its share of the blue-collar vote had shrunk to 15 per cent, barely half that of the
Socialists – and two-thirds that of the far right-wing Front National. In 2002, Hue was
supported by fewer workers than was Jean St-Josse, the candidate of Chasse, Pêche,
Nature, Traditions; even at the June parliamentary elections that ensued, the PCF share
of the blue-collar vote was a mere 6 per cent, a fifth that of the Socialists. Finally,
The Left and the Greens 179
although the sharpest drop occurred in the six years after its score of 20.8 per cent in
1978, with Georges Marchais, the party’s secretary-general since 1972, managing just
15.4 per cent as a presidential candidate in 1981 and then leading the party’s list at the
European elections of 1984 to a mere 11.2 per cent, the decline has continued since
1984, and even steepened between 1997 and a modest and partial recovery in 2004. The
party has been increasingly thrown back on its most resilient bastions, often sustained
by control of municipal office; even here, it is now threatened, and dependent in most
years on support from Socialists and even Greens.
Many of the sources of the Communists’ decline are to be sought in the reasons for
the party’s success. They may be discussed under six headings.
The collapse of the prestige of the Soviet Union (and then of the Soviet
Union tout court)
The PCF’s defining characteristic at its foundation was its subordination, as the ‘Section
Française de l’Internationale Communiste’, to orders from Moscow, determined by the
interests of the ‘international workers’ movement’ – in other words, of Soviet foreign
policy. Maurice Thorez, party leader from 1930 till his death (on holiday by the Black
180 The Left and the Greens
Sea) in 1964, and the generation who surrounded him at the top of the PCF, had been
hand-picked from Moscow. To a greater extent than the leaders of almost any other
Western Communist Party, they were Stalinists and proud of it. Their reaction to
Khrushchev’s denunciation of Stalin in 1956 was one of stunned disbelief. When first
China and then Italy challenged the claims of the Soviet Union to lead the world
Communist movement, the PCF energetically backed the Russians.
A slow and discontinuous process of de-Sovietisation of the PCF nevertheless
opened after Thorez’s death. Party leaders, and the PCF daily L’Humanité, cautiously
criticised the crushing of the ‘Prague Spring’ by Warsaw Pact forces in August 1968,
and voiced disapproval of the treatment of selected Soviet dissidents over the ensuing
decade. The PCF leadership stopped referring to the Soviet Union as a model, instead
claiming their attachment to un socialisme à la française and stressing the independence
of their own policies from Moscow’s dictates (which probably had an element of truth,
if only because the Soviet leadership had long since renounced any dreams of revolu-
tion in Western Europe and was quite comfortable with de Gaulle, Pompidou and
Giscard, none of whom was precisely pro-American, in the Élysée).
But for the party leadership, de-Sovietisation was always a tactical, and therefore
reversible, choice. As both international détente and the alliance with the Socialists in
France turned sour at the end of the 1970s, the old Soviet links were reaffirmed. At the
PCF’s Twenty-third Congress in 1979, Marchais declared the overall record of the
Soviet bloc to be globalement positif; early the following year, he proclaimed his support
for the Soviet invasion of Afghanistan on live television from Moscow; the year after
that, the French Communists declared their support for the military coup against the
Solidarity movement in Poland. The timing could not have been worse, for the Soviet
Union was speedily losing what credit it had among the French, and even among PCF
sympathisers. A survey in December 1972 showed 28 per cent of respondents, and 62
per cent of the PCF’s own supporters, agreeing with the globalement positif view of the
Soviet achievement; ten years later, the figures had fallen to just 11 per cent overall and
35 per cent of PCF sympathisers. Marchais, in other words, succeeded in reviving the
Communists’ reputation as Moscow’s men at precisely the moment when such a reputa-
tion had become electorally fatal. Nor did the softer image of Gorbachev’s Soviet Union
improve matters, for the PCF was noticeably reserved about the Gorbachev reforms.
Not surprisingly, the end of the Soviet Union forced the PCF into an independence
for which its ageing leadership was wholly unprepared. In a broader sense, too, the
discredit into which Marxism fell meant that the PCF lost its ideological bearings.
Table 7.5 Party control of towns of over 30,000 inhabitants (total number 221, at 1977 population
figures) after local elections, 1971–2001
PCF 50 72 53 45 39 28
PS 46 81 60 72 68 65
Other Left 7 6 2 8 13 10
Les Verts 0 0 0 0 0 1
Total Left 103 159 115 125 120 103
Gaullists 35 16 44 43 47 55
Non-Gaullist moderate 83 46 42 44 42 42
Right (UDF from 1983)
Other Right 0 0 20 9 11 20
Extreme Right 0 0 0 0 1 0
Sources: P. Martin, Les élections municipales en France (Paris, La Documentation Française, 2001); Le
Monde.
182 The Left and the Greens
post, vetted (and usually chosen) in advance by the immediately superior level of the
party; a ban on all horizontal contacts between, for example, two cells or two sections
without reference to the superior level, ensuring the effective isolation of dissidents; and
the presentation of a single policy text for discussion at the party’s congresses. The
party’s dissidents in the 1940s and 1950s were subjected to ritual humiliations remin-
iscent of Stalin’s show trials. For a dedicated full-time party official, the punishment of
expulsion, though less severe than the gulag or the bullet, entailed loss of livelihood
and, frequently, psychological trauma. Perhaps more than anything else, this rigid style
of organisation cut the PCF off from the young revolutionaries of May 1968. From the
1970s, though, dissidence began to lose its terrors and was embarked upon by increas-
ing numbers of leading party members, including Jean Elleinstein, official historian of
the party, Henri Fiszbin, head of the Paris federation, Claude Poperen, emblematic
figure of the Renault workers, and Pierre Juquin, official party spokesman from 1976 to
1985. And at a time when the PCF was trying to demonstrate its democratic credentials
in other areas (for example, by abandoning another Leninist concept, the dictatorship
of the proletariat, at the Twenty-second Congress in 1976), democratic centralism was
regularly used as evidence by opponents seeking to deny the sincerity of the party’s
commitment to real democratic values. By the early 1980s, in short, the PCF’s authori-
tarian style of organisation had become an electoral liability without even fulfilling its
main function of ensuring a single party line. Once again, the PCF was not alone in this
case. The Gaullist party, also described by its own more mischievous members as func-
tioning on the democratic centralist model, had difficulty, from the 1970s, in adapting
to the open and public expression of several different viewpoints.
In all of these respects, then, the bases of the PCF’s earlier strength became sources of
weakness by the late 1970s or early 1980s. But two other causes of decline should also
be added.
Leadership failure
No West European Communist Party prospered in the last quarter of the twentieth
century. And many of the causes of the PCF’s decline listed above, such as sociological
and institutional change or the discrediting of the Soviet Union, may be seen as beyond
the party’s control. Equally, however, it is clear that Marchais himself accelerated the
PCF’s decline, notably by reinforcing rather than severing the umbilical cord with
Moscow, and by failing either to drop the liability of democratic centralism or to pitch
the party’s appeal to a wider range of social groups as core social bases of Communist
support shrank. In particular, the party’s apparent inability, in the generation after
May 1968, to win the loyalty either of women or of second-generation immigrants –
two groups who suffered quite disproportionately from the onset of recession from the
late 1970s on, at the same time as their capacity for mobilisation and political expres-
sion grew – can be ascribed at least partly to leadership failure. When the 73-year-old
Marchais relinquished the post of secretary-general to Robert Hue at the Twenty-
eighth Congress in 1994, he was handing over a party damaged almost as much by his
own leadership as by outside circumstances.
Democratic centralism
This was abandoned officially at the Twenty-eighth Congress, and to a significant extent
in practice over the years after 1994. A series of top-level changes spread over the
184 The Left and the Greens
following decade saw the party secretary-general replaced by the national secretary, the
bureau politique by the executive committee, and the central committee by the national
council, while the party secretariat disappeared. At the same time the cell structure at
the base of the party, which was functioning with steadily greater difficulty as activism
declined, gave way at Hue’s behest to ‘thematic networks’. Such changes were not
merely cosmetic. Activists were invited to comment on the texts for discussion at the
Thirtieth Congress, held in March 2000, not within the confines of their cells or
through the carefully vetted columns of L’Humanité, but on the party’s website; at the
Thirty-second Congress in 2003, members were, for the first time, invited to vote for
competing motions (that of the leadership won, but with a fairly modest 55 per cent of
the vote). Factions – a European wing led by the economist Philippe Herzog, the
refondateurs who considered that change had not gone far enough and orthodox groups
of varying degrees of conservatism – were tolerated as quasi-autonomous organisa-
tions, some even claiming public party funding in their own right; Communists opposed
to the ‘mutation’ held their own public meetings to attack it and the new leadership,
and went unpunished. Well-entrenched local officials chose often ambiguous relation-
ships with the party, discreetly downplaying or even dropping their party affiliation,
demanding the PCF’s endorsement of their electoral candidacies, but being prepared to
run against official Communist candidates if necessary; one PCF dissident even ran in
June 2002 against an incumbent Communist in the Paris suburb of Aubervilliers. The
former iron cohesion of the PCF’s parliamentary group has crumbled, with several of
the Jospin government’s bills, such as the 35-hour week, provoking deep controversy.
Hue was in no position to impose the old disciplines on parliamentarians like Maxime
Gremetz or Alain Bocquet, president of the National Assembly group, who had served
for many years under Marchais and retained a significant following in the party. But he
did succeed, at the Thirtieth Congress, in achieving a (relative) liberalisation of the
party’s structures while at the same time weeding out the more Stalinist office-holders
in its middle and upper ranks, and replacing them with younger members and more
women. Two-thirds of the forty-six members of the executive college elected in March
2000, for example, were new to high party office (and two-fifths were women, a propor-
tion that roughly reflected the membership as a whole). At the same time there was
always an element of window-dressing about the end of democratic centralism: what-
ever the changes in the PCF’s leading bodies, dissidents claimed that nine-tenths of
them still consisted of full-time officials beholden to the leadership. A true gauge of the
PCF’s democratisation might be a wholesale purge of the top leaders responsible for its
dismal electoral performance. This has not happened.
• The 1960s, a decade of internal conflict and confusion, at the end of which the
Socialist presidential candidate, Gaston Defferre, achieved barely more than 5 per
cent of the vote.
• The 1970s, a period of revival, as the newly refounded PS renewed its organisation
under the leadership of François Mitterrand and won increasing electoral support,
overtaking the PCF and ultimately winning the presidency and a parliamentary
majority in 1981.
• The 1980s, when the PS established itself as a party of government, staying
in power for the whole decade (except for two years of cohabitation between
Mitterrand and a right-wing government in 1986–88) but failing to achieve its
ambitions to transform France’s economy and society.
• The early 1990s, when a combination of scandals and recession drove the Socialist
vote below 20 per cent, the PS out of office and the defeated Prime Minister Pierre
Bérégovoy to suicide, in 1993.
• The later 1990s, when a partial electoral recovery secured the Socialists’ return to
government, with Communist and Green allies and under the leadership of Lionel
Jospin, in 1997.
• The period since 2002, when the PS, now in opposition, won significant electoral
successes (notably at the 2004 regional and European elections) against the incum-
bent right-wing government, but without developing a coherent strategy for a
return to government or avoiding its most damaging split since 1971 over the
referendum of 2005.
The pivotal figure in this chequered record remains Mitterrand. In the crucial early
1970s, he fixed a clear alliance strategy, built a majority out of the Socialists’ endemic
factional strife, gave the party the leadership required to win power, renewed its
membership and elites, transformed its ideology and policies, placed its finances on a
sound (but unfortunately illegal) footing, and enhanced its electoral appeal. These
seven themes remain central to understanding the development of the PS over the past
thirty-five years.
188 The Left and the Greens
Alliances
The non-Communist Left of the 1960s was troubled above all by its search for an
alliance strategy to oppose what was the quite new phenomenon (for France) of a stable
governing majority. One line, represented by Gaston Defferre, former minister and
mayor of Marseille, was to revive the ‘Third Force’ alliance with the MRP and the
Radicals but not the Communists. The other strategy was advocated by François
Mitterrand, initially a member, not of the SFIO, but of a small Centre grouping, the
Union Démocratique et Sociale de la Résistance (UDSR). Mitterrand, though an early
opponent of the Fifth Republic, understood its logic quickly enough to see that no left-
wing victory at a presidential or parliamentary second ballot was possible without the
Communists. In the mid-1960s, Mitterrand’s strategy prevailed. He sidelined Defferre
at the 1965 presidential election and ran with the support of the PCF, the SFIO and
other small left-wing groupings, winning 31.7 per cent of the first-ballot vote and
forcing the seemingly invincible de Gaulle into a run-off ballot, at which he won a
respectable 45 per cent. Mitterrand brought together an alliance of the non-Communist
Left, the Fédération de la Gauche Democrate et Socialiste (FGDS), that included the
SFIO, the Parti Radical, the UDSR and a number of political clubs formed to promote
the renewal of the Left, including his own Convention des Institutions Républicaines
(CIR). The FGDS delivered significant gains, both in votes and in seats, for the Com-
munist and the non-Communist Left at the 1967 parliamentary elections. But it fell
apart the following year under the impact of the ‘events’ of May 1968: the FGDS had
signally failed either to make any connection with the workers’ and students’ movement
or to prevent a right-wing landslide at the following month’s snap elections, while
Mitterrand had temporarily discredited himself by an ill-judged offer to lead a ‘pro-
visional government’ at the height of the crisis. His eclipse, and de Gaulle’s sudden
resignation from the presidency in April 1969, opened up Defferre’s chance for a presi-
dential bid. But Defferre had the support of neither the Communists, nor the Centre,
nor even the whole SFIO; he won a humiliating 5 per cent at the first ballot, just 1.4 per
cent ahead of the PSU candidate Michel Rocard and over 15 per cent below both the
Communist Duclos and the centrist Poher.
Defferre’s rout put the Mitterrand strategy back onto the agenda. Mitterrand
became First Secretary of the re-founded PS at the Épinay congress in June 1971; the
Common Programme with the Communists was signed barely a year later, and
attracted the support of the left wing of the Radicals shortly afterwards. Mitterrand’s
fight for an alliance with the PCF was not, however, motivated by any fellow-feeling for
Communists: on the contrary, he openly declared his aim to use the Common Pro-
gramme to attract 3 million of the 5 million PCF voters over to the PS. He knew that
while the PCF was necessary for electoral victory, such a victory could only be secured
with a weakened PCF that had ceased to frighten the moderate Centre-Left voters
whose support was also vital.
The goal of an electable Left with a weakened PCF was achieved by 1981. At the
1974 presidential election, Mitterrand reinforced his personal credibility by carrying
the colours of the united Left and coming within less than 400,000 votes of beating the
right-wing candidate, Valéry Giscard d’Estaing, at the run-off. By September 1974, by-
elections showed that the Socialists were overtaking their Communist allies. That
inevitably strained relations between the two parties. The Communists had no wish to
take office as junior partners in a Socialist-led government, and spoiled the Left’s
The Left and the Greens 189
(initially quite good) chances at the 1978 parliamentary elections after the quarrel over
the ‘updating’ of the Common Programme. But the Communists were, at least tempor-
arily, locked into the alliance by their need for the Socialists’ second-ballot support to
win parliamentary seats and town halls, and by their own voters’ wish to see the Left
win. Hence Marchais’s declaration of support, however reluctant, for Mitterrand after
the first round of the presidential election in April 1981, and the entry of four Com-
munist ministers into Pierre Mauroy’s government the following June. At the 1981
presidential elections, Mitterrand was over ten points ahead of Marchais; at the June
parliamentary elections, the gap between the two parties was over twenty points. The
Socialists’ leadership of the Left was definitively established in 1981, and was not called
into question even during the very bad period of the early 1990s. By the time that the
Communists left the government in 1984, after growing tensions over policy, they had
permanently lost over half their 1978 electorate. Relations between the two left-wing
parties again became acrimonious, with the briefest periods of co-operation for
elections.
The Socialists’ problem, however, was that Mitterrand had succeeded almost too well
at weakening the Communists, whose voters not only gravitated to the PS, but also
dispersed towards abstention, spoilt ballots and even the far-Right Front National.
These electors were lost to the Left as a whole, depriving the Socialists of reserves
needed to win second ballots; as Tables 7.2 and 7.3 show, the Left, even including its
most extreme fringes, has never won 50 per cent of the vote at the first round of a
parliamentary or presidential election since 1981. In his second presidential term,
Mitterrand therefore attempted to replace the union of the Left with a new majority
alliance – something resembling the Third Force coalition he had prevented in the
1960s. His first attempt was the bid to bring the centrists into the majority after his
second presidential victory in 1988; it foundered on the reluctance of most centrists to
change sides so rapidly, as well as on extreme suspicion of such a move within the PS.
Other alternative allies included ecologists (hence the inclusion of Brice Lalonde, ecol-
ogy candidate in 1981, in the Rocard and Cresson governments) and dissidents from the
PCF. Mitterrand’s attempts at diversification were, therefore, largely a failure and an
irritant to the PS. The groups he targeted tended to prosper in proportion to the
Socialists’ weakness (the various Green movements never did so well as in the Social-
ists’ black years of 1992 and 1993). And as allies, they were needed in addition to the
Communists – not instead of them.
The gauche plurielle coalition that Jospin led to victory in 1997 responded to this
arithmetic. Its bases were laid after the 1993 defeat at a series of meetings grandly
named assises de la transformation sociale. The basis of alliance was common interest,
especially from 1994: the Socialists needed all the allies they could get; the short-lived
pretensions of ecology groupings to replace the Socialists as the main force of the non-
Communist Left had been punctured by their insignificant result at the 1994 European
elections; and Marchais had handed the PCF leadership to the more conciliatory Hue.
Jospin’s strong performance at the 1995 presidential elections (and the poor ones of
Hue and of the Green candidate, Dominique Voynet) re-established the Socialists’
claim to lead a left-wing coalition; the relative success of joint lists at the 1995 muni-
cipal elections enhanced the credibility of such a coalition. Further discussions led to a
Socialist–Green agreement in January 1997 (with a view to parliamentary elections
expected in 1998) and to an accord with the PCF at the outset of the 1997 election
campaign. There was no official common programme, but the Socialist programme
190 The Left and the Greens
contained enough elements – the 35-hour week, better job opportunities for the young,
changes to immigration laws passed by the right-wing government and a moratorium
on the construction of new nuclear power stations – to win the support of the two
partner parties. The gauche plurielle also included two other small groups, the Left
Radicals (close allies of the Socialists since 1972) and the Mouvement des Citoyens
(MDC), a former current of the PS led by Jean-Pierre Chevènement, who had left the
party in 1993.
The dynamic of the gauche plurielle differed from that of the old union of the Left.
The Socialists’ status as the strongest party was uncontested, but the smaller allies
remained indispensable to any left-wing victory. Where Mitterrand had used the union
of the Left to poach Communist votes, Jospin’s PS needed to maintain the strength and
credibility of its allies – so long as they remained within the tent. Indeed, a major asset
of the gauche plurielle was its ability to offer voters both choice and the coherence and
credibility of a united coalition. This was, inevitably, hard to do over a long period; the
interest of each partner in the coalition’s overall victory was balanced by its own
interest in maximising its own distinctiveness, and thence its own electoral audience, at
its allies’ expense.
This ambiguity was central to Jospin’s first-round defeat in the 2002 presidential race.
Practically all observers and participants in the election took it as a foregone conclusion
that Jospin would go through to the run-off ballot as the Left’s candidate against
Chirac. In the meantime, therefore, each component of the gauche plurielle could afford
to run its own candidate, stressing its own individuality with a view to securing the
strongest possible bargaining position within the coalition: Hue for the Communists,
Noël Mamère for Les Verts, Chevènement for the MDC and Christiane Taubira for the
Left Radicals. Between them, these four won 16.3 per cent of the vote, to Jospin’s 16.1;
the Left’s support was further split by the 10.4 per cent of votes that were spread
between the three Trotskyists, Laguiller, Besancenot and Gluckstein. The total score,
for all eight candidates, of under 43 per cent would in any case have ruled out a left-
wing victory at almost any imaginable run-off. What pushed Jospin into third place
behind Chirac and Le Pen, and thus, under the rules for presidential elections, out of
the run-off, was the insouciant fragmentation of the left-wing vote.
Something resembling the gauche plurielle will be needed if the Left is to govern France
again. The alliance was indeed reconstituted, on a partial and tactical basis, for the June
2002 parliamentary elections and the regional elections of 2004. While Chevènement
effectively chose to stay out (and lost his parliamentary seat as a result), the Socialists,
Left Radicals, Communists and Greens were able to share out candidacies well enough to
limit the damage in 2002 and to win a striking success in 2004, when twenty out of the
twenty-two regions of metropolitan France elected a left-wing majority.
Much more difficult, however, will be the building of a credible coalition aimed at
governing France. Such an alliance would have to overcome the long-standing tension
between those forces that seek to reaffirm a strong left-wing identity, if need be against
both European and global constraints, and those that accept the global capitalist econ-
omy and an integrated Europe as part of the environment within which they must
work. This division widened into a yawning gulf during the 2005 referendum campaign
on the European constitutional treaty. To some extent, this tension corresponds to
party divides and sets the ‘revolutionary’ Communists and Trotskyists against the
‘reformist’ Socialists. But it also reflects the struggle of ideas, and the continuing
vivacity of factional strife, within the PS.
The Left and the Greens 191
Factions
The PS as it emerged from the congresses of Issy-les-Moulineaux, which began the
process of refoundation in 1969, and Épinay in 1971, was a conglomerate of factions.
The largest of these was the now defunct SFIO, initially divided between followers of
Mollet (who died in 1975) and of Pierre Mauroy, mayor of Lille. Mauroy served as
prime minister from 1981 to 1984, and as first secretary of the PS from 1988 till 1992,
having played a pivotal role at the congresses of the 1970s, generally in support of
Mitterrand. This core was joined by the various left-wing clubs associated with Alain
Savary (first secretary of the PS from 1969 to 1971) and Jean Poperen, and the CERES,
led by Jean-Pierre Chevènement, a ginger group of left-wing intellectuals, former mem-
bers of the SFIO, which formed the most pro-Communist wing of the party. At the
Épinay congress in 1971, Mitterrand joined the new PS with his CIR, and indeed
wrested the post of first secretary from Savary; by dint of skilful and shifting alliances
with other groups, he made the mitterrandiens into the party’s dominant faction. Three
years later, Michel Rocard led a contingent of former members of the PSU into the PS.
Despite their left-wing origins, the rocardiens represented, within the PS, a moderate
faction, sceptical about the alliance with the Communists in the 1970s, mindful of
the constraints imposed by the market economy, less confident in the transforming
possibilities of the Jacobin state and more aware of those within civil society.
Each faction or courant, alone or in alliance with others, has the right to compete
for members’ support by presenting a motion for consideration at the congresses held
by the party about every three years. Members’ votes on the different motions then
determine the composition of the Socialists’ 300-member National Council, and thus
indirectly that of its top leadership, including the first secretary. Factions tend to have
strong territorial bases, based on control of the federations (the party organisation in
each département), itself often a function of the preferences of a powerful party figure
in the locality.
From 1974 to 1981, Mitterrand maintained his majority in the party, in a sometimes
difficult environment (notably the aftermath of the 1978 defeat) by playing off rocardi-
ens against chevènementistes and vice versa. Largely suspended after 1981 (when almost
everyone became a mitterrandien out of reason if not sentiment), factional activity
broke out again, with a vengeance, after 1988, with the succession to Mitterrand as the
main prize. Since then, the PS has been divided between a left-wing minority and a
mainstream majority, each of which in turn is often divided. On the Left, CERES and
the poperénistes were complemented, in the late 1980s, by the Gauche Socialiste, a
group of former Trotskyists who emerged from the student and anti-racist movements
of the mid-1980s under the leadership of Julien Dray; with Chevènement out of the
party after 1992 and the poperénistes in steady decline, the Gauche Socialiste was
the dominant left-wing faction for a decade until it split in September 2002, with Dray
joining the mainstream. After 2002 two left-wing factions, the more traditionally
left-wing Nouveau Monde under the leadership of former party treasurer Henri
Emmanuelli and former chevènementiste Jean-Luc Mélenchon and the more innovative
Nouveau Parti Socialiste led by Arnaud Montebourg and Vincent Peillon, opposed the
Socialist majority, winning 31 per cent of the votes between them at the Dijon congress
in 2003 and controlling seventeen federations. From 2004 onwards, however, they
faced competition from Laurent Fabius, who had cast himself in the role of left-wing
opposition leader. In the general switch of alliances that followed, Nouveau Monde
192 The Left and the Greens
disappeared while the Nouvau Parti Socialiste attracted the support of Emmanuelli
and won 24 per cent of the members’ votes during the preparations for the November
2005 Le Mans congress – better than Fabius’s 21 per cent, but less than half the number
backing the First Secretary François Hollande.
The party mainstream, meanwhile, has always been dominated by the various Social-
ist présidentiables, potential presidential candidates. One of these has been Laurent
Fabius: born in 1947, Mitterrand’s young prime minister from 1984 to 1986, first
secretary of the PS from 1992 to 1993, finance minister from 2000 to 2002, Fabius is in
principle eminently présidentiable – and will only turn 60 in 2007. He is also mistrusted
within and outside the party as being too ambitious, too tactical and too clever by half,
and for a long period – at least until cleared in court – was damaged by a scandal over
the distribution of HIV-contaminated blood to haemophiliacs during his premiership.
Whether openly or within a broad majority tent, the Fabius faction has existed since the
Rennes congress of 1990. The non-fabiusiens in the mainstream were dominated first by
Rocard – prime minister from 1988 to 1991 and first secretary from 1993 to 1994, but
out of front-line national politics since the humiliating defeat of the Socialist list he led
at the 1994 European elections – and then, from 1995 till 2002, by Jospin. Once installed
in Matignon from 1997, Jospin left the day-to-day care of the party to his protégé
François Hollande, who took over as first secretary in 1997 and who retained the post
at the congresses of Grenoble in 2000 and – after Jospin’s eclipse following the 2002
defeats – Dijon in 2003 and Le Mans in 2005.
The Hollande majority, incorporating (until 2005) the supporters of Fabius, who had
been in no position to contest Jospin as prime minister even indirectly, won 61 per cent
of the votes at Dijon – a respectable tally for a party majority that had just suffered a
major electoral defeat, and one that owed something to Hollande’s patience, good
humour and penchant for consensus-building. Hollande’s run of successes continued
with strong Socialist results at the regional and European elections of 2004. The same
year, however, saw the reappearance of serious intra-party strife. The immediate cause
of this was Chirac’s announcement in mid-2004 of a referendum on the European
constitution. Within the PS, the no camp centred on the supposed free-market bias of
the text and was led not only by the left-wing factions but by Fabius, hitherto con-
sidered a right-wing, modernising pro-European. Although an internal PS referendum
of December 2004 resulted in a yes victory of 56 to 44 per cent of party members, the
no leaders, and especially Emmanuelli, Mélenchon and Fabius refused to be bound by
it; their campaign continued up to polling day, when some 59 per cent of Socialist
supporters voted no. The fierceness of the campaign exchanges underlined, not only
strongly-held views about Europe, but also a renewed struggle for control of the party
against the backdrop of future elections. The National Council meeting following the
referendum result saw Fabius’s dismissal from his post as the party’s no. 2, and his
reconstitution of an independent faction called Agir à Gauche.
Preparations for the Le Mans congress of November 2005 thus saw Hollande fight-
ing for his political life against a possible union of the opposition forces that had
backed the no vote. This failed to materialise. The alliance between Nouveau Parti
Socialiste and Emmanuelli became the main opposition force with the support 24 per
cent of members, the fabiusiens attracted 21 per cent, but Hollande kept his majority
with 53.7 per cent. Sufficient for Hollande to keep control of the party in the short term,
this result would probably not be enough to prevent a damaging fight for the Socialist
presidential candidacy in the run-up to 2007.
The Left and the Greens 193
Factionalism has been part of the price paid by the Socialists for federating disparate
tendencies. Voting by factions at party congresses offers several advantages in principle.
It helps to structure debate, since the various motions offer different views on key
questions such as alliances with other parties, the role of the state in society and
electoral strategy. It enables each faction to take stock of its position. And it allows the
party’s National Council (formerly comité directeur), elected in proportion to votes for
each motion, to represent the shifting balance of views in the party – even though the
party secretariat is firmly controlled by the majority. However, factionalism has always
been about interest as much as about principle. Mitterrand, for example, enlisted the
support of CERES in 1979, and invited Chevènement and his friends to write a very
left-wing programme for the PS, in order to marginalise the rocardiens. And from 1988
factional competition increasingly appeared as an unprincipled struggle for control of
the party in succession to the ageing Mitterrand. The nasty spectacle of the fabiusiens
and their opponents squabbling live on television over party jobs at the Rennes congress
in 1990 was perhaps the low point of this, and contributed significantly to the party’s
lack of credit in the following years; it also reached down into every federation,
demoralising activists (though sometimes artificially increasing their numbers, as votes
were rigged with cards issued for non-existent members). The Socialists’ organisational
difficulty in the aftermath of the 2005 referendum will be not only to manage their
serious internal differences over Europe and, more generally, over their relationship to
an open capitalist economy, but also to ensure that the exercise of party democracy
does not appear merely as an unseemly scramble for jobs.
Leadership
A great part of the Socialists’ success in the 1970s was due to Mitterrand’s leadership.
His talent as an organiser and as a negotiator, as well as a boundless ambition served by
long experience (he first won ministerial office in 1947), enabled him to grasp the party
leadership at Épinay in June 1971 and to see off all challenges (notably from Rocard in
1979) thereafter. This was also, however, made possible by his credibility as a presiden-
tial candidate after the respectable defeats by de Gaulle in 1965 and Giscard in 1974. A
stature unequalled by any Socialist leader since Léon Blum in the 1930s helped him to
dominate the Communists within the left-wing alliance and to win the presidency in
May 1981. Within the PS, he earned the nickname of ‘the Prince’ and ‘the Pope’; after a
few years in the Élysée, he was promoted simply to Dieu.
Once elected to the presidency, Mitterrand ceased to hold any party office. But he
continued to dominate the PS, both through the positioning of his own people in key
jobs (as first secretary from 1981 to 1988, Jospin showed unwavering loyalty), and
because he himself remained an excellent ‘locomotive’ for his party. It is doubtful, for
example, whether the Socialists would have salvaged a respectable 30.6 per cent at the
long-expected defeat of 1986 had not Mitterrand campaigned in their support. There
were differences between president and party during Mitterrand’s first term: the party
was uneasy about the deflationary economic policies adopted in 1983–84, unhappy
about the withdrawal of the 1984 Savary bill designed to integrate (Catholic) private
schools more closely into the state system and troubled, in 1985–86, by the continued
nuclear testing in the South Pacific. But there was never any serious question, once
Mitterrand had declared his intention of seeking a second term, that the party would
not rally to his support and campaign for him.
194 The Left and the Greens
After 1988, however, relations between president and party became more strained.
The septuagenarian Mitterrand, who had fought his last election, had less need of the
party, while the party took to fighting over the succession. During his second septennat,
Mitterrand’s political interventions in the life of his own majority were more irritating
than inspiring to many Socialists: the botched attempt to open out his majority to the
Centre in June 1988; the persistent support for the elevation of Fabius to the party
leadership, which contributed not a little to the disaster at the Rennes congress in 1990;
the attempt to engineer a return to proportional representation for the 1993 legislative
elections (blocked by the Socialist parliamentary group); the flirtation with Brice
Lalonde’s ecologists; and the behind-the-scenes backing for Bernard Tapie’s Radical
list at the 1994 European elections, which helped bring Rocard’s Socialist list to dis-
aster. Motivated partly by a genuine wish to diversify the Left’s sources of support in
changed times, but also by a long-standing enmity for Rocard (which Rocard’s stint as
prime minister from 1988 to 1991 only reinforced), and an old man’s reluctance to see
any stong successor emerge, these initiatives damaged the party Mitterrand had done so
much to create. Finally, the revelations about Mitterrand’s war record were deeply
troubling to all but the most unconditional Mitterrand loyalists.
Jospin’s emergence as a successor occurred largely by default in the first instance, as
the party cast around for a presidential candidate for 1995. Rocard was disqualified by
the abysmal election result of 1994, Fabius ruled out by the contaminated blood scan-
dal and Emmanuelli was under investigation for corruption during his period as party
treasurer. Jacques Delors, Mauroy’s finance minister from 1981 to 1984, and then
president of the European Commission for a decade, was briefly seen as a saviour in the
autumn of 1994; but he decided not to run. That left Jospin, who had built up personal
networks during his seven years as first secretary, and had had the sense to stay out of
the political limelight during the Socialists’ bad years since 1993. With the choice of
candidate open to individual members, diminishing the power of the Fabius organi-
sation, the rank-and-file chose Jospin against Emmanuelli by a two-to-one majority.
Despite a general lack of charisma, Jospin was brought to life by his own campaign in
1995, insisting on the Socialists’ right to criticise the negative elements of the Mitterrand
record as well as applauding his achievements, and he succeeded in projecting an image
of integrity, a commodity seen by the voters to be in short supply after the scandals of
the late Mitterrand years. His stylish presidential defeat (particularly his leading pos-
ition at the first ballot) restored the credibility of the PS, making the 1997 victory
possible; Jospin himself was unassailable as leader (even with Hollande in the formal
post of first secretary) for seven years, until the evening of his defeat in April 2002 and
his abrupt withdrawal from politics.
Jospin’s departure did not leave the PS leaderless, at least not in formal terms.
Hollande proved a good party manager in the difficult aftermath of 2002. His unremit-
ting cheerfulness coupled with his determination to bounce back from every reverse
won him real affection among members. As a présidentiable, however, he suffers from
serious handicaps. He has never held ministerial office, has so far lacked charisma and
has never articulated a clear presidential vision of France’s future. These are serious
drawbacks, especially compared with as determined a right-wing probable adversary as
Nicolas Sarkozy. Hollande also faces a plethora of potential competitors within the
PS. These include his own long-term partner Ségolène Royal, president of Poitou-
Charentes regional council and the candidate most favoured by opinion polls late in
2005; former finance minister Dominique Strauss-Kahn; the eternally popular (but
The Left and the Greens 195
rather lightweight) former culture minister Jack Lang; the mayor of Paris, Bertrand
Delanoë; and, above all, the most experienced and most determined (if not, for the
moment, the most popular) contender, Laurent Fabius. No major French party can do
without a leading présidentiable: the challenge to the PS in the period before 2007 will
be to agree on one without tearing itself apart.
Money
With neither a mass membership nor trade union backing, the Socialists lacked stable
sources of lawful income before the public finance of parties was introduced in 1988.
They were not alone in this (only the Communists have had a membership exceeding
200,000 during the Fifth Republic); and like other parties, they resorted to business
funding, which was illegal. They attracted (or extracted) money from firms by the time-
honoured method of levying percentages on public works contracts signed with the
local authorities – cities, above all – that they controlled. Unlike other parties, however,
the Socialists limited the freedom of their mayors and councillors to raise and use such
cash as they saw fit. They created a national system, run through a front organisation of
‘planning consultants’ called the Urba group, which ensured the delivery of false
invoices for cash raised and channelled some of it to the party’s central office. This
both ensured some central financial control on local office-holders (although parallel
systems on a smaller scale were soon funding the party’s different factions) and pre-
vented, at least in principle, the use of these illicit funds to fill individual pockets rather
than party coffers. Reinforced by the big municipal victories of 1977, the Urba system
gave the PS a sound financial underpinning for its campaigns up to and beyond 1981, in
a world of increasingly sophisticated and expensive political communication tech-
niques. But in such a centralised structure, the discovery of a part could readily reveal
the existence of the whole. This happened between 1989 and 1991, when examining
magistrates investigating false invoices cases first in Marseille, and then in Le Mans,
found trails leading straight to the PS central office. Although elected officials of all
parties had been found to be involved in corrupt financial practices, the PS was alone in
having had its national funding system revealed as illegal in this way. This was a disaster
for a party that had always taken the moral high ground when discussing this type of
issue, and it contributed much to the Socialists’ ‘disgrace’ in the early 1990s. From 1995,
however, the taint of corruption was transferred from the PS to its opponents on the
moderate Right. Although two recent investigations, one involving payments for plan-
ning decisions to allow the construction of hypermarkets and another concerning the
student insurance firm run by the (Socialist-controlled) Union Nationale des Étudiants
Français, involved PS personalities, neither uncovered clear proof. For the present,
thanks to the generous (and legal) public subsidies, the PS appears to be living within its
means and within the law.
Electoral support
By the 1960s, the SFIO’s electorate had not only been shrinking for nearly two decades,
but was increasingly limited both socially and geographically: the typical Socialist
voter was a male, middle-aged, anti-clerical teacher or other public employee, living
in the south-west. It was the indispensable achievement of the renewed party both
to halt the overall decline and to diversify its electoral audience. The overall recovery,
shown in Table 7.2 and Figure 7.2, began with the score of 19.1 per cent at the
1973 parliamentary elections; five years later this had risen to 22.8 per cent – ahead of
the PCF. At the 1981 presidential elections, Mitterrand put 10 percentage points
200 The Left and the Greens
Figure 7.2 Votes for Socialist parties (% of votes cast, first ballot in two-ballot elections, not
including allies), 1956–2004.
Figure 7.3 Votes for the far Left (% of valid votes cast, first ballots in two-ballot elections),
1962–2004.
chiefly among teachers and students in universities and schools. The LCR’s profile, and
vote, were raised in 2002 when it presented France’s youngest presidential candidate.
Olivier Besancenot, a personable 27-year-old postman, won an unprecedented 4.25 per
cent for his party (and 9 per cent among French students) – more than Robert Hue for
the PCF – and over the next three years steadily eclipsed Krivine. Lutte Ouvrière (LO),
on the other hand, is perhaps the only Trotskyist party to attract significant numbers of
‘ordinary French people’, typically white-collar public-sector workers but also, in 1995
and 2002, blue-collar workers in traditional industries. Its spokesperson, the indefatig-
able Arlette Laguiller, is the only candidate to have run in all five presidential elections
since 1974, and has won over 5.2 per cent at the last two (including over 10 per cent of
the blue-collar vote – just 3 points behind Jospin – in 2002).
Far Left voters are a mixed group, far from all of them convinced Trotskyists: fully 16
per cent of them switched their vote to Chirac at the run-off in 1995, and nearly one in
twenty appears to have supported Le Pen in the Chirac–Le Pen run-off of 2002. Elect-
orally, the far Left vote is able to surprise, but also prone to collapse: most strikingly,
from the 10 per cent plus (spread over the three presidential candidates) of 21 April
2002 to below 3 per cent at the parliamentary elections seven weeks later. This suggests
that many, perhaps most, far Left voters seek to express their disappointment with
other parties (especially with the mainstream Left) rather than their attachment to
Trotsky (or indeed to Besancenot). All of the far Left’s best scores have been achieved
with the Socialists in power.
Though they are capable of inspiring levels of membership activism that put other
204 The Left and the Greens
parties to shame, the far Left groups are disdainful of, and correspondingly bad at,
electoral strategy. Both doctrinal differences and very distinct organisational cultures –
counter-cultural and non-conformist for the LCR, dour and sectarian for LO – have
helped keep the Trotskyists divided. Their achievement at the 1999 European elections,
when LO and the LCR ran a joint list that won 5.2 per cent of the vote and propelled
Krivine and Laguiller into the Strasbourg parliament for five years, was unique; far
more typical has been squabbling before elections (typically over the issue of whether to
withdraw at second ballots in favour of Socialist candidates) and disunity during cam-
paigns. Small wonder, then, that Krivine and Laguiller lost their seats in 2004, and that
the far Left has almost no seats on local and regional councils.
Despite this weakness at the crucial local level, the far Left retains a threefold
importance for French party politics. First, its electoral significance, though small, is far
from negligible; 5 per cent at a parliamentary or presidential election could make the
difference between victory and defeat for the Left, if transferred into second-ballot
votes. Second, the far Left has supplied activists to the mainstream of French politics.
This is true of the left-wing press (many of the brightest journalists on Le Monde,
Libération, or public-service radio have seen service with one or another of the far Left
groups) and of parties, especially the PS: some of the latter have been ‘moles’, planted
by far Left groups into mainstream parties, who then repudiate their Trotskyists origins.
Julien Dray and much of the gauche socialiste came out of Trotskyism via SOS–
Racisme. Jean-Christophe Cambadélis, the Socialists’ deputy leader from November
1997 till 2002, led a whole group of lambertistes over to the PS in 1985 after direct talks
with Mitterrand; they were a highly attractive catch for the PS as they controlled the
Union Nationale des Étudiants Français. Henri Weber, another senior PS leader (and a
Senator since September 1995), is a former leader of the May 1968 students’ movement.
The Socialists’ biggest single prize, however, was Jospin himself – a lambertiste infiltra-
tor when he joined the PS in the early 1970s, still technically a member of the MPPT
while serving as first secretary of the PS, but definitively a mainstream Socialist from
about 1987.
Third, the far Left has been both active (its supporters being few but committed) and
influential at the grass roots of left-wing politics. In the early 1970s, its campaigns
achieved an unexpected degree of mobilisation over issues which the mainstream Left
was reluctant to touch – the living conditions of soldiers, abortion, prison reform,
the plight of immigrant workers and the eviction of tenants by property speculators.
Trotskyists have also been active in SOS–Racisme and in the two big student move-
ments of December 1986 and autumn 1995. They have an audience in some academic
circles (the late sociologist Pierre Bourdieu, while not a member of any far Left group,
was considered a guru) and in pockets of the (otherwise staid) Force Ouvrière union.
And the far Left has been very well implanted (far better than the PCF) in France’s
many social movements since the mid-1990s – the Paris squatters’ movement of 1994–95,
the big strikes of December 1995, the sans-papiers movement, the unemployed move-
ment of 1997–98 and the succession of protests against the Raffarin government’s
reforms since 2002. That capacity to mobilise was also evident during the 2005 refer-
endum campaign, when Besancenot held meetings alongside Buffet for the PCF and
Mélenchon for the no camp in the PS – and was by no means a second-rank speaker.
The Trotskyist groups, in short, have been able to play the role of the Left’s radical
conscience, always ready to outbid their mainstream competitors: a living link
with France’s centuries-old tradition of protest and insurrection, and a standing (and
The Left and the Greens 205
self-righteous, and quite possibly utopian) reproach to those on the Left who consider
that achieving left-wing goals requires the acceptance, however unpalatable, of the
constraints of government.
Citoyens et Radicaux
The left-wing majority returned in 1997 consisted of three parliamentary groups:
Communists, Socialists and a motley assortment called Radicaux-Citoyens-Verts
(RCV). One component of the latter was Jean-Pierre Chevènement’s Mouvement des
Citoyens (MDC), the successor to the Socialisme et République current (itself a succes-
sor to CERES) which Chevènement had led out of the PS in 1993. Chevènement’s
successful political career after 1993 (including three years as Jospin’s interior minister
from 1997 until his resignation in 2000) was an excellent illustration of the capacity of
individual politicians with strong local bases (in Chevènement’s case, Belfort) to survive
and even prosper outside major party organisations. The Marxism of the early CERES
had increasingly given way, from the 1980s, to an old-fashioned left-wing Jacobinism,
allergic to transfers of sovereignty to Europe, deeply suspicious of Greens and posi-
tively apoplectic about plans for further decentralisation to Corsica announced in 2000.
The fact of being too few to form a parliamentary group on their own was almost the
only thing the seven MDC Deputies had in common with their Radical and Green
colleagues.
As it developed towards 2002, however, the Chevènement case illustrated something
further: the destructive centrifugal potential of a presidential campaign. Half detached
from the gauche plurielle after 2000, Chevènement as a presidential candidate became
much the bitterest critic of Jospin on the Left, using the names Chirpin and Josrac to
underline his claim that little differentiated the president and the prime minister as
candidates – and that both wanted to sell France out to multinational business, Europe,
or both. Early in the campaign, with the FN still partially disabled, this made
Chevènement attractive to voters of the far Right, and he was briefly credited with over
12 per cent of voting intentions. In the event, most of the far Right voters returned to
Le Pen, but Chevènement still managed to mobilise enough disgruntled, Eurosceptical
Socialists with a leavening of Gaullists to attract over 5 per cent of the vote on 21 April
2002. Disappointing compared with initial expectations, this was still more than
enough to keep Jospin out of the second ballot. Unlike the other groups of the gauche
plurielle, Chevènement refused to return to the left-wing fold after the presidential
defeat. At the June 2002 parliamentary elections, MDC candidates were therefore in
outright competition with Socialists – and lost: not even Chevènement kept his seat.
Renamed the Mouvement Républicain et Citoyen, the chevènementistes retain a distinct
identity and organisation, and receive public party finance, and were active in the no
campaign for the 2005 referendum. But with no parliamentarians and few other elected
officials, they gave every impression of being a spent force; in alliance with the PCF
and the Left Radicals at the 2004 regional elections, for example, they were easily
outdistanced by the Socialists even in Chevènement’s (former) stronghold of Belfort.
The Parti Radical, the great governing party of the Centre under the Third Republic,
was reduced by 1958 to a small group commanding under 10 per cent of the vote and
uncertain whether to join forces with the Gaullists or the Left or to try to maintain a
central position between them. Left-wing Radicals, known from 1972 till 1994 as the
MRG (Mouvement des Radicaux de Gauche), as Radical from 1994 to 1996, as the
206 The Left and the Greens
Parti Radical Socialiste (PRS) from 1996 to 1998 and as the Parti Radical de Gauche
(PRG) since 1998, are the group that chose to sign the Left’s Common Programme in
July 1972. Most of the MRG’s history was played out as a satellite of the PS, though its
first leader, Robert Fabre, defected in 1978 to accept the post of Mediator from
Giscard. Fabre’s successor Michel Crépeau always acknowledged that his 1981 presi-
dential candidacy (which won 2.2 per cent of the votes) was chiefly designed to bring
moderate voters into the Mitterrand camp. When the MRG tried more independent
action, its results were not encouraging: 3.3 per cent at the 1984 European elections in
alliance with some ecologists and dissident centrists, and a miserable 0.25 per cent of
the national vote for its lists in the 1986 parliamentary elections (though it did manage
to negotiate ten safe places on the Socialist lists as well). But the Left Radicals have
been an asset to the Left, because their voters are geographically rather concentrated. If
the Socialists leave them a clear run in selected towns and constituencies in the south-
west and Corsica, the Left Radicals are therefore capable of electing mayors (for
example, Crépeau in La Rochelle until his death in 1998), local councillors and a
handful of Deputies, who have usually (though not in 1997) chosen to join the Socialist
parliamentary group.
This picture was complicated by the irruption onto the political scene of Bernard
Tapie, a flamboyant self-made millionaire businessman, owner of the Olympique de
Marseille football club, who had led the non-Communist left-wing list at the 1992
regional elections in Bouches-du-Rhône. Tapie was briefly minister for urban affairs in
the 1992 Bérégovoy government before being forced to resign in the face of imminent
bankruptcy proceedings. Temporarily undeterred by these, he joined the MRG, and
won election as Deputy for Marseille in 1993. He then bought his way into the party’s
leadership, aiming at Marseille town hall, the Strasbourg parliament and even the
Élysée itself. In this he was probably encouraged by President Mitterrand, who admired
Tapie’s energy and was seeking an alternative left-wing force to Michel Rocard and
the demoralised Socialists. Tapie’s, and the Radicals’, high point came at the 1994
European elections, when their list attracted over 12 per cent of the voters, most of
them discontented Socialists, especially from the ranks of blue-collar workers alienated
from the PS since 1992. But Tapie’s plans for a presidential candidacy foundered after
an avalanche of legal proceedings were initiated against him for offences ranging from
fixing a football match to failing to declare his private yacht to the tax inspectorate;
he went, not to the Élysée, but (albeit briefly) to prison. Under Jean-Michel Baylet’s
leadership the PRG resumed the MRG’s more tranquil course, with one middle-
ranking and one junior minister in the Jospin government. Like all the other
components of the gauche plurielle, the PRG ran a presidential candidate; Christiane
Taubira, Deputy for French Guiana, was the first black woman to contest the presi-
dency. She did so in a much less aggressive manner than Chevènement, and won
660,000 votes, or 2.3 per cent, including a significant black ethnic vote in the Paris
suburbs. Again unlike the chevènementistes, the Left Radicals have retained their close
ties with the Socialists. Most of their nine Deputies elected in June 2002 enjoyed Social-
ist support from the first ballot; seven sit as associate members of the Socialist group,
the other two as independents.
The Left and the Greens 207
The ecology groupings
Like their counterparts elsewhere in Europe, France’s ecologists have had to grapple
with three structural problems. First, there is an intrinsic electoral problem, because the
benefits of Green policies tend to be very long-term, or localised, or costly, or all three.
Diffuse voter concern with the environment, readily expressed in opinion polls and (to a
lesser extent) at ‘inconsequential’ European and regional elections, rarely extends to a
readiness to put Greens into government. Secondly, they have an organisational prob-
lem, arising from the reluctance of many ecology groupings to accept the hierarchical
structures and clearly identifiable leaders of conventional political parties, and the loss
of effectiveness and media impact that has tended to follow from more collective styles
of decision-making. Third, ecology movements, like any new entrants into a party
system, face a strategic choice between remaining isolated and impotent or joining
alliances and risking unacceptable compromises. Indeed, although ecology voters have
always been more inclined to support the Left than the Right at second ballots, it is only
since the mid-1990s that Les Verts, the main ecology grouping, could be said to have
joined the left-wing camp by entering into the gauche plurielle alliance.
There has been an ecology candidate at every French presidential election since
Friends of the Earth supported René Dumont in 1974; only in 2002, however, did one
attract more than 4 per cent of the vote (Table 7.3). Results of ecology groupings in
parliamentary elections were no better (Table 7.2 and Figure 7.4), until 1993 (when they
won 11.1 per cent) and 1997 (with 6.9 per cent). Ecology candidates have done best at
European elections and regional elections (2.8 per cent in 1986, but 13.9 per cent in
1992) – both held on proportional representation and both considered relatively
unimportant for national policy-making. In 1992, some 200 regional councillors (out of
a total of 1,700) were elected among ecology candidates. Crucially, however, and with
the two important exceptions of the 1989 and 1999 European elections, the allegiances
of ecology candidates have been divided – between at least three groupings in 1993,
for example, and two in 1997.
The history of the (political) ecology movement since 1974 can be divided into four
periods corresponding, roughly, to presidential terms.
• During the Giscard presidency, the ecologists’ electoral audience was low (the peak
was 4.4 per cent in the 1979 European elections). They were handicapped by the
fact that neither the French Friends of the Earth, nor the Mouvement Écologique,
created in 1974, nor the Mouvement pour l’Écologie Politique, founded five years
later, resembled a structured party; indeed, most ecologists were allergic to the very
notion. Brice Lalonde’s 3.88 per cent in the first ballot of the 1981 elections owed
more to his own falsely naive charm than to the solidity of his campaign organisa-
tion, Aujourd’hui l’Écologie. After some hesitation and some vague promises from
the Socialist candidate to re-examine the nuclear energy issue, Lalonde’s backers
supported Mitterrand for the second ballot.
• Mitterrand’s first term showed Lalonde’s relative success in April 1981 to be short-
lived, and ecology candidates achieved a negligible score at the June 1981 parlia-
mentary elections. Moreover, the foundation in 1984 of Les Verts, a serious attempt
at an ecology party, drove Lalonde into dissidence. This was perhaps the most
important division within the movement for the next decade: the 1984 European
elections confirmed the split between the ‘neither Right, nor Left’ line of the
208 The Left and the Greens
Figure 7.4 Votes for ecology movements (% of votes cast, first ballot in two-ballot elections),
1974–2004.
official Verts and the opportunism of Lalonde, who formed a joint list with Michel
Crépeau of the MRG and a dissident former Gaullist, Olivier Stirn. Each of the
two lists won some 3.3 per cent of the vote, but the two 1986 elections (regional and
parliamentary) left Les Verts disappointed and in debt. At the 1988 presidential
elections a new Green candidate, the somewhat dour Antoine Waechter, won 3.8
per cent of the vote – a creditable score as he was competing against a dissident
Communist, Pierre Juquin, who had sought to create a ‘Red–Green alternative’
federation but achieved only 2.1 per cent.
• Mitterrand’s second term saw both a new electoral peak and a strategic impasse for
the ecology movement. The run of good election results, all over 10 per cent, in
1989, 1992 and 1993, appeared at the time as a breakthrough into mainstream
politics. In fact they were flawed, for three reasons. First, they depended, like Green
results elsewhere in Europe (especially in 1989), on an ephemeral public interest in
the environment, speedily overshadowed by the onset of recession in the early
1990s. Second, in both 1992 and 1993, ecology candidates attracted votes from
discontented PS supporters at the time of the Socialists’ ‘disgrace’. The Socialist
recovery, when it came, was at the expense of ecology candidates. Third, the move-
ment was still divided. Waechter still insisted on the absolute independence of Les
Verts from both Right and Left; Lalonde, on the contrary, was junior environment
minister from 1989 till 1992 and founded Génération Écologie in 1990 with the
blessing of Mitterrand, who hoped for a Green ‘satellite’ for the PS. The cost of
division was clear in March 1993, when the more sanguine Greens had hoped to
The Left and the Greens 209
replace the discredited PS as the major party of the ‘non-Right’ in France. Despite
an electoral alliance between Les Verts and Génération Écologie, the two parties
won a mere 8 per cent of the votes between them (4.1 per cent for Les Verts, 3.7 for
Génération Écologie, to which were added votes from more dubious ecology and
animal-lovers’ candidates, some of them close to the far Right). On this basis, they
failed either to win any seats or even to count for much in the second-ballot result.
Both the Waechter and the Lalonde strategies seemed to lead nowhere, and the
movement fragmented further: in the mid-1990s, some ten different groups com-
peted for the support of ecology-minded citizens. Within Les Verts, the fallout of
the 1993 elections saw Waechter placed in a minority by Dominique Voynet, a
former far Left activist. But Voynet’s result as a presidential candidate in 1995
(3.3 per cent) showed no obvious sign of a Green recovery.
• The Chirac presidency saw the ascendancy of Voynet in the Green movement and
the breakthrough of Les Verts into parliamentary and ministerial office. Voynet
survived her indifferent presidential result to confirm the change of strategy she
had embarked upon before 1995: neither the opportunism of Lalonde nor the
austere isolation of Waechter, but a negotiated alliance with the Left, with con-
stituencies reserved for Les Verts and some joint policy commitments. Such a
national agreement was reached with the PS in January 1997, with twenty-nine
constituencies ‘reserved’ for Les Verts at the first round, in exchange for first-ballot
support from Les Verts for 77 Socialist candidates; and on the strength of 3.7 per
cent of the vote the following May, Les Verts won 8 parliamentary seats and a post
for Voynet as minister for regional planning and the environment (a junior minis-
terial post for the party would follow). That eclipsed the other components of the
disparate ecology movement, led by former presidential candidates, which
accounted for a further 3 per cent of the vote: Waechter’s Mouvement pour une
Écologie Indépendante, and Lalonde’s Génération Écologie (Lalonde’s promi-
scuity after the presidential election had drawn him close first to President Chirac and
then to the free-market conservative Alain Madelin). In April 2002 Noël Mamère, a
former television presenter and mayor of Bègles, achieved the best ever result for an
ecology candidate at a presidential election, but his score of 5.3 per cent was still
below the heightened expectations of Les Verts. At the parliamentary elections two
months later, back in harness with the Left (94 Socialists, as well as 12 Communist
and 4 Left Radicals, were supported from the first ballot by Les Verts, who in turn
benefited from Socialist backing in 59 seats and from backing of all gauche plurielle
parties in 4 more), Les Verts lost all but 3 of their Deputies, including Voynet – but
remained an indispensable part of the Left.
The two decades since the foundation of Les Verts have thus seen their partial
integration into the political mainstream. By the end of 2004, the party could boast
47 mayors (mostly of smallish suburban municipalities), 168 regional councillors, 25
councillors for départements, 23 Paris councillors, 6 MEPs, 3 Deputies and – thanks to
their alliance with the Socialists and the beginnings of their local implantation – 4
Senators (including Voynet). Limited compared to the record of the German Grünen,
this still represented a foothold in the system. Les Verts should not, however, be viewed
simply as a party of government; their experience of office within the gauche plurielle
alliance has been at best a partial success, hotly debated after the event. They had rather
little direct impact on government policy. It is true that convergence with the PS on
210 The Left and the Greens
institutional measures produced the five-year presidential term, gender parity, justice
reforms and partial limitations on the cumul des mandats (significantly frustrated by the
Senate), while Les Verts were also strong supporters of the 35-hour week. On the other
hand, the only two major decisions in favour of the environment, the shutdown of the
Superphénix nuclear reactor and the cancellation of the Rhine–Rhône canal, were
already in Jospin’s 1995 presidential programme. And a range of other measures, such
as the continuation of the motorway programme and the abolition of the car licence
fee, the re-opening of the Mont Blanc road tunnel after the disaster of 2000, the failure
to raise taxes on diesel fuel, the announcement of a third airport for Paris, as well as the
ambiguous attitude to genetically modified foods, went against the spirit of the 1997
agreement with the PS. Jospin’s France still had one of Europe’s worst records on
implementing European environment directives, and was notably remiss on anything
relating to the shooting season, thanks to the fear – or sympathy – inspired by the gun
lobby among Socialist parliamentarians. Voynet’s personal record as a minister was
undistinguished, that of her successor (after 2000) Yves Cochet practically invisible;
neither used the available opportunities to further the green cause.
Unsurprisingly in these circumstances, the experience of government has not
reinforced the unity of Les Verts; even before the defeats of 2002, the party’s endemic
factionalism had led one Green Deputy to refer to Les Verts as a party of ageing and
over-argumentative hippies, while Voynet remarked in private that ‘our rules are daft,
you have to head off a psychodrama every two years’. An inevitable result of this was
weak leadership. At the November 2002 congress Voynet lost her post as national
secretary to Gilles Lemaire, who had only joined Les Verts in 1999 and whose roots
were with the far Left; in January 2005 Lemaire himself had to hand over to Yann
Wehrling, a 33-year-old with no experience of elective office, who candidly described
himself as the ‘lowest common denominator’ between the four factions that had fought
the party to a near stalemate at the December 2004 congress. The party found it no
easier to agree on the European constitutional treaty than on the leadership: while the
membership of Les Verts supported the treaty by a narrow 53 per cent to 47 per cent in
an internal referendum in February 2005, Green voters said no by 64 per cent to 36 at
the real referendum three months later.
What would bring Les Verts greater leverage within the French Left would be the
introduction, at least partial, of proportional representation to the legislative electoral
system. This was one of the party’s major goals, early in 2005, as it undertook initial
moves towards the negotiation of a joint programme with the PS for the elections of
2007. Its achievement would depend on clear leadership, consistency of purpose and
electoral muscle. Whether these were any more available than in the past among Les
Verts, however, was open to question.
Concluding remarks
Even when out of national office, the Left has still held various forms of power. As
Table 7.5 shows, Communists and Socialists have typically run half or more of France’s
major towns under the Fifth Republic. Nantes, Rennes, Grenoble, Lille and Le Mans
all have left-wing mayors; they were joined by Paris and Lyon in 2001. The excellent
results at the regional and cantonal elections of 2004 won the Left control of half of the
ninety-five provincial départements of metropolitan France (a high level given the rural,
conservative bias inherent in cantonal representation) and, in a striking reversal of
The Left and the Greens 211
earlier fortunes at the regional level, the presidencies of twenty out of twenty-two
regions. At the national level, even with the Right in power, the Left has also retained
sympathisers in government, within ministerial cabinets (it was Jacques Delors, for
example, who drafted much of the ‘New Society’ speech with which the Gaullist
Jacques Chaban-Delmas opened his premiership in 1969, while his daughter Martine
Aubry became a Socialist labour minister three years after leaving the cabinet of a
Gaullist social affairs minister) and even among ministers (Edgard Pisani, de Gaulle’s
agriculture minister, and Michel Jobert and Léo Hamon, both ministers under
Pompidou, all subsequently joined the Left; Jean-Louis Borloo, Chirac’s social affairs
minister, would be at home in any centre-Left government in Europe). Indeed, it could
be argued that left-wing sympathies, at least in some policy areas, penetrated to the very
highest levels. De Gaulle’s foreign policy was interpreted as dangerously pro-Soviet and
Giscard’s early societal reforms won the bulk of their popular support (as well as their
parliamentary support in several cases) from left-wing sympathisers; the campaigns
that elected Chirac in 1995, and to a lesser extent in 2002, had a distinct (if tactical) left-
wing tinge, and his opposition to the Blairite agenda for Europe is well entrenched. The
Left has also retained much of its ideological ascendancy. The alarming domination of
much of France’s intellectual life by Marxists and their fellow-travellers that reached a
peak in the 1970s has, it is true, ended. It is also possible, as it was not before 1981, for
politicians to declare their right-wing loyalties openly without being classed as Fascists.
‘Conservative’, on the other hand, remains a term of abuse in the French political
lexicon, and the Left also retains a hold on the hearts and minds of the French in more
substantial ways. The Gaullists, the largest current on the French Right both before and
after the merger of the Gaullist party with part of the non-Gaullist moderate Right,
has never fully sloughed off its penchant for a strong, interventionist state. The domin-
ant ethos in a range of pressure groups, not only the obvious ones like the major trade
unions, but others such as women’s organisations, consumer groups or sports clubs, is
progressive, egalitarian and leftish. The same is true of environmental groups, of
influential sections of the press, of many Catholic lay organisations, and to a greater or
lesser extent of economic planning agencies and of policy communities surrounding
such areas as education, social security, health and housing. Finally, the remarkably
wide sympathy inspired by rebelling students, striking railwaymen, or wider masses of
wage-earners who challenged right-wing governments in 1986, 1995 and 2003–4, by the
ideals of equality in education, the defence of the social security system and the preser-
vation of public services that they claimed to stand for, has been a powerful brake on
attempts to reform France’s very large public sector. When a section of the Left con-
sidered that the European constitutional treaty threatened these ideals, it campaigned
against it and won. That the treaty would be opposed by the nationalist Right and the
extreme Left was a foregone conclusion. It was the size of the opposition within the
mainstream Left, and particularly the PS, that set France’s Socialists apart from their
counterparts elsewhere in continental Europe and ensured a majority no vote on
29 May 2005.
The problem of the left-wing parties has always been to translate the diffuse
sympathy they command into useful votes at the right moment. Only twice under the
Fifth Republic, at the parliamentary elections of 1978 and 1981, has the Left com-
manded a first-ballot majority at a national election. On three occasions, moreover, the
Left has won the support of fewer than a third of the voters: 31.7 per cent in the
presidential election against de Gaulle in 1965; 30.9 per cent against Pompidou in 1969
212 The Left and the Greens
(when no left-wing candidate survived to the second ballot); 30.8 per cent at the 1993
parliamentary elections, during the Socialist ‘disgrace’. At another five parliamentary
elections, in 1958, 1962, 1967, 1968 and 1986, and at the presidential election of 1995,
the Left’s first-round score has been so low (45 per cent or less) as to preclude any
serious prospect of victory (the same would also have been true of the presidential
elections of 2002, had Jospin not in any case been eliminated at the first ballot). And
even François Mitterrand’s presidential victories were preceded by at least relative
right-wing majorities at the first round.
This record raises the question of how the Left has won power at all. The answer lies
in a performance that usually (though not invariably) improves at second ballots, owing
to five main elements, most readily discernible in the transfers of votes between ballots
at presidential elections.
• The Left’s ‘republican discipline’ at second ballots. As the left-wing alliance took
shape from the mid-1960s, most voters of the two big left-wing parties grew accus-
tomed to supporting one another’s candidates. Even when relations between them
were poor, as in 1981, 1988 and 1993, Communist voters overwhelmingly sup-
ported Socialists at the second ballot. Socialists were somewhat more reluctant to
vote for Communists, but about three-quarters of them could still usually be
expected to do so.
• Absentionists. At some second ballots the Left has mobilised significantly more
first-ballot abstentionists than the Right. At the 1981 presidential elections, for
example, a number of left-wing voters, disenchanted by the Left’s squabbling and
pessimistic about the outcome of the election, stayed away at the first round, but
rallied to Mitterrand at the second.
• Ecologists. Both Mitterrand in 1981 and 1988, and Jospin in 1995, attracted a clear
majority of first-round ecology voters at the run-off, without any formal agreement
with Les Verts or any other group, at a time when ecology groupings were formally
situated, by themselves and by electoral statisticians, as neither Right nor Left.
Many of such voters, indeed, especially in the early 1990s, were disappointed
Socialists who could be expected to return to the PS at the decisive round. In the
2002 parliamentary elections, with Les Verts fully integrated into a left-wing dam-
age limitation strategy, as many as 89 per cent of their voters backed left-wing
candidates at the second ballot.
• The moderate Right. The Left has sometimes been the beneficiary of splits and
quarrels within the mainstream Right. Mitterrand was elected in 1981 with the help
of about an eighth of Chirac’s voters from the first round. Seven years later, a
similar proportion of Barre supporters helped him beat Chirac. And some 9 per
cent of Balladur voters switched to Jospin in 1995.
• The far Right. The willingness of some far right-wing voters to support a left-wing
candidate at second ballots was clear from the presidential election of 1965, when
many voters who had supported the far Right candidate Jean-Louis Tixier-
Vignancour chose to back Mitterrand at the run-off in order to punish de Gaulle
for his ‘loss’ of Algeria. Similarly, as many as a quarter of Le Pen’s voters switched
to Mitterrand in 1988 and to Jospin in 1995. However, this is more likely to happen
at presidential elections, where only two candidates go through to the run-off, than
at parliamentary ones, where the Front National always keeps as many candidates
as possible in the running for the second ballot. Some analysts have argued that the
The Left and the Greens 213
survival of 76 Front National candidates to the second round in 1997 ensured the
Left’s victory; for 61 of these constituencies were won by the Left.
Between them, these elements give the Left a somewhat better chance of victory than
the usual level of its first-ballot support would suggest. But two conditions also have to
be met at the first ballot: a PCF too weak to frighten away crucial Centre voters at the
run-off, and a score within striking distance of a majority (over 45 per cent). The first of
these conditions, insuperable for the Fifth Republic’s first two decades, has been ful-
filled at every election since 1981. The second, on the other hand, has been met under
the two-ballot system on just five occasions since then: the presidential elections of
1981 and 1988 and the parliamentary elections that followed in each case, and the
parliamentary elections of 1997.
The Left’s return to government in 1997 bore witness to a remarkable restoration
both in the strength of the PS and in the credibility of the left-wing alliance after the
disasters of the early 1990s; it therefore suggested the possibility of a similarly rapid
recovery under the widely unpopular rule of Chirac and Raffarin. But the defeats of
2002 offer two harder lessons. The first is the Left’s difficulty in retaining (winning back
might now be more accurate) what went almost without question for half a century –
the support of the bulk of the French working class. Whatever the Jospin government’s
achievements, it failed to convince enough of this still large and crucial group either
that it could deliver its historic goal of a radical transformation of society (that had
been abandoned in 1983), or that it could even reform capitalism in accordance with the
Left’s values of equality and of economic and social as well as political citizenship. The
deep divisions of the Left, and especially the Socialists, over the European consti-
tutional treaty should be understood in this light. Supporters saw the treaty as a means
to reinforce the position of Europe (including its social model) in the world. For many
of its opponents, by contrast, the treaty’s adoption would have closed off the prospects
of serious left-wing reform for the forseeable future; the Left would thereby be perman-
ently cut off from its natural constituency. France’s no vote of May 2005, on the other
hand, seemed (to them, though to few others) to hold out the hope of a Europe-wide
mobilisation in favour of a renegotiated treaty.
The second lesson of Jospin’s, and then the Left’s, defeats, might be called catch-
2002. It is that the Left needs to be as inclusive and diverse as possible, to compensate
for the PCF’s catastrophic decline and the failure of the PS either to retain working-
class support or even to win 30 per cent of the vote on a lasting basis; but that inclu-
siveness and diversity have a cost, in terms of coherence, which risks pulling the whole
alliance apart at the crucial moment. A succession of studies, most recently by Daniel
Boy and others, have underlined the presence of rather different cultures – the ‘worker-
ist’, the ‘pragmatic’ and the ‘post-materialist’ – within the Left. These are regularly
projected into a context of intense party competition within the alliance by party
leaders mindful of their home bases, and prove difficult to manage in consequence. This
poses the question of leadership. And from that perspective, not the least achievement
of François Mitterrand, despite his failings, was to allow the Left to transcend its long-
standing differences for long enough to win.
214 The Left and the Greens
Further reading
Amar, C. and Chemin, A., Jospin & Cie. Histoire de la gauche plurielle, 1993–2002, Paris, Seuil,
2002.
Bell, D. S. and Criddle, B., The French Socialist Party, 2nd edition, Oxford, Clarendon Press,
1988.
Bell, D. S. and Criddle, B., The French Communist Party in the Fifth Republic, Oxford, Clarendon
Press, 1994.
Bergounioux, A. and Grunberg, G., Le long remords du pouvoir: le Parti socialiste français
1905–1992, Paris, Fayard, 1992.
Boy, D., Platone, F., Rey, H., Subileau, F. and Ysmal, C., C’était la gauche plurielle, Paris, Presses
de Sciences Po, 2003.
Bréchon, P. (ed.), Les partis politiques français, 2nd edition, Paris, La Documentation Française,
2005.
Clift, B., French Socialism in a Global Era, London, Continuum, 2002.
Cole, A. and Doherty, B., ‘France: Pas comme les autres – the French Greens at the crossroads’, in
D. Richardson and C. Rootes (eds), The Green Challenge: The Development of Green Parties in
Europe, London, Routledge, 1995, pp. 45–65.
Courtois, S. and Lazar, M., Histoire du Parti communiste français, 2nd edition, Paris, Presses
Universitaires de France, 2001.
Duverger, M., Political Parties: Their Organisation and Activity in the Modern State, London,
Methuen, 1964.
Evans, J. (ed.), The French Party System, Manchester, Manchester University Press, 2003.
Hazareesingh, S., Intellectuals and the French Communist Party, Oxford, Clarendon Press,
1991.
Hewlett, N., French Politics since 1945: Conflict and Consensus, Cambridge, Polity, 1998.
Johnson, R. W., The Long March of the French Left, London, Macmillan, 1981.
Katz, R. S. and Mair, P., ‘Changing models of party organization and party democracy: the
emergence of the cartel party’, Party Politics, 1(1), 1995, pp. 5–28.
Kirchheimer, O., ‘The transformation of West European party systems’, in J. LaPalombara
and M. Weiner (eds), Political Parties and Political Development, Princeton, NJ, Princeton
University Press, 1966, pp. 177–200.
Knapp, A., Parties and the Party System in France: A Disconnected Democracy?, Basingstoke,
Palgrave Macmillan, 2004.
Kriegel, A., The French Communists, Chicago, University of Chicago Press, 1972.
Lancelot, A., Les élections nationales sous la Cinquième République, 3rd edition, Paris, Presses
Universitaires de France, 1998.
Lavabre, M.-C. and Platone, F., Que reste-t-il du PCF?, Paris, CEVIPOF/Autrement, 2003.
Mair, P. and van Biezen, M., ‘Party membership in twenty European democracies, 1980–2000’,
Party Politics, 7 (1); January 2001, pp. 5–21.
Nick, C., Les Trotskistes, Paris, Fayard, 2002.
Perrineau, P. (ed.), L’engagement politique: déclin ou mutation?, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1994.
Pingaud, D., La gauche de la gauche, Paris, Seuil, 2000.
Portelli, H., Le Parti socialiste, 2nd edition, Paris, Montchrestien, 1998.
Rey, H., La gauche et les classes populaires, Paris, La Découverte, 2004.
Sainteny, G., L’introuvable écologisme français?, Paris, Presses Universitaires de France, 2000.
Schain, M., French Communism and Local Power, London, Frances Pinter, 1985.
Touchard, J., La gauche en France depuis 1900, Paris, Seuil, 1991.
von Beyme, K., Political Parties in Western Demoracies, Aldershot, Gower, 1985.
Ware, A., Political Parties and Party Systems, Oxford, Oxford University Press, 1996.
The Left and the Greens 215
Party websites
Parti Communiste Français http://www.pcf.fr/accueil/php
Parti Socialiste http://www.parti-socialiste.fr
Ligue Communiste Révolutionnaire http://www.lcr-rouge.org
Lutte Ouvrière http://www.lutte-ouvrière.org
Les Verts http://lesverts.fr
8 The Right
Domination and division
On the Left, the major division can be dated from the Socialist–Communist split at
Tours in 1920. No equivalent point of separation can explain the divisions between
Gaullists, the non-Gaullist moderate Right and the far Right. René Rémond, however,
has related them to three separate traditions running through the French Right since
the Revolution, corresponding to the dynasties that competed with the republicans for
control of the régime in the nineteenth century. These are: the ‘ultra’ Right, which
rejected all republican values and sought to restore the pre-revolutionary Bourbon
monarchy; the moderate, ‘Orleanist’ Right, ready to compromise with moderate repub-
licans, and attached, in the nineteenth century, to the British virtues of moderate consti-
tutional monarchy and free trade; and the ‘Bonapartist’ Right, which stressed the virtues
of strong leadership with direct links to the mass of the people, a strong state and an
assertive foreign policy. In contemporary terms, Rémond suggested, the inheritors of
the ‘Orleanists’ were the non-Gaullist moderate Right, while the heirs of Bonaparte
were the Gaullists; others have cast the Front National in the role of the latter-day
‘ultra’ Right. The reality is much less tidy. The sources of policy division have been
transformed; and the French tradition of Christian Democracy (weaker than in
Germany or Italy, but still significant) finds no easy place in any of the categories. But
Rémond’s triad remains a useful reminder of the different temperaments, repeatedly
encountered among right-wing parties and leaders, which help to explain their recurrent
failure to unite.
Linked to, but distinct from, ideological traditions are traditions of party organisa-
tion. In the France of 1900, nearly half the active population worked on the land. Rural
networks and hierarchies marked much of the country well after the emergence of
universal suffrage and free elections in 1871. They, not the emerging industrial mass
society, shaped the organisation of right-wing parties. In Duverger’s terms (see
Chapter 7), they were ‘cadre’ parties, formed essentially of local notables and with little
or no formal membership. Social changes and the institutions of the Fifth Republic
The Right 217
(notably the direct election of the president) have encouraged more structured, nation-
wide forms of party organisation. But politicians of the Right remain divided between
those who value the flexibility and independence found in the cadre party, and those
(chiefly among the Gaullists) who value a more disciplined organisation and clearer
leadership, whether within a ‘mass’ or a ‘catch-all’ party.
The two moderate components of the French Right are also divided because
France’s various electoral systems allow space for competing forces on the Centre–
Right. The failure of merger attempts between the moderate Right’s two main com-
ponents, Gaullist and non-Gaullist, in the late 1980s did not prevent the comfortable
electoral victories of 1993 and 1995; when a merger did take place, with the formation
of the UMP, it followed rather than preceded the victories of 2002, was incomplete and
did not prevent major setbacks in 2004. In a broader political sense, however, the
moderate Right has repeatedly been damaged by its own internal divisions and rivalries.
These were compounded, from 1984, by the challenge posed by the rise of the Front
National. This chapter first covers the Gaullists and the non-Gaullist moderate Right
(NGMR), and their partial merger in the UMP in 2002, before turning to the problems
posed by the extreme Right.
The Gaullists
Though Gaullism has always attracted conservatives, it did not start life merely as a
variety of conservatism. De Gaulle’s central concern with France’s place in the world’s
affairs; his insistence on strong leadership and robust institutions as the necessary
conditions of France regaining and keeping its rightful ‘rank’; his readiness to engage
the power of the state, often in a manner that could only be described as dirigiste, to the
same end; his refusal to compromise on his conception of national sovereignty, but his
readiness to be pragmatic, and often radical, about much else (including Algeria); all of
these marked him apart from the dominant, Orleanist, conservative current of the time.
Indeed, the General’s three decades in politics were replete with clashes with conserva-
tives of every stamp. The founding act of Gaullism, the refusal to accept France’s
defeat in 1940, was a gauntlet thrown down as much to the conservative elites who fell
in behind Marshal Pétain in the collaborationist Vichy government as it was to the
occupying Germans. De Gaulle clashed with conservatives on the constitution both in
the immediate post-war period and in 1962, when he engaged the constitutional reform
on the direct election of the presidency; his relations with France’s Christian Demo-
crats were at best chilly and at worst, notably over European issues, downright hostile.
And it was his final challenge to the conservative France of local notables, in his plans
for Senate and regional reforms, that led to de Gaulle’s downfall in the referendum of
1969. The quirkiness that set Gaullism apart from mainstream conservatism led Klaus
von Beyme, in his classification of Western Europe’s political families, to place it in a
category almost of its own – shared only with Ireland’s Fianna Fáil.
De Gaulle always claimed for himself personally a special relationship with France,
and argued that as France was beyond Right and Left, so he was above parties. It is
therefore one of the great ironies of the Fifth Republic that General de Gaulle endowed
France with its first great organised, disciplined party of the Right. The Union pour la
Nouvelle République developed, unusually, from the top downwards: on de Gaulle’s
return to power in 1958, the Gaullists enjoyed the benefits of office while barely existing
at all as a party. For that reason, many observers forecast the party’s imminent demise
218 The Right
once its creator was out of the way. These expectations (or hopes) were confounded.
De Gaulle’s resignation, in April 1969, and his death, in November 1970, came and
went; Pompidou died in April 1974, and a non-Gaullist succeeded him in the Élysée; the
premiership was lost in 1976, and all remaining government positions in 1981. But the
party refused to disappear. Its survival depended ultimately on building the internal
organisation which it had lacked at the start of the Fifth Republic. Chirac’s election in
1995 as the first president in twenty-one years to claim allegiance to the Gaullist family
testifies to both his and his party’s success at doing this. But the process, neither smooth
nor easy, involved a progressive surrender of the ‘pure’ Gaullist identity. Indeed, the
Gaullists changed their official party name six times under the Fifth Republic (for the
sake of convenience, all the party’s incarnations – given in full in Appendix 6 – before
the party adopted the RPR label in 1976 are referred to here simply as the Gaullist
party, even though the word ‘party’ aroused such loathing among Gaullists that it
appeared in none of the titles), until they merged, in 2002, into a new party without any
open Gaullist reference, the UMP (Union pour une Majorité Présidentielle from
May to November 2002, Union pour un Mouvement Populaire since then).
The vicissitudes of Gaullism under the Fifth Republic, and its progressive dissolution
into a wider conservative identity, were spread over seven distinct phases.
• The propagation of a set of doctrines, a form of Gaullism for the masses, based
on the primacy of national unity and a denial of the Marxist notion of class
struggle; the defence of a powerful state and a strong executive authority, as written
into the new constitution; the creation of a modern industrial economy; and the
assertion of national independence in foreign and European affairs. To the doctrines
corresponded policy outputs that voters valued and appreciated. These included
peace and reconciliation after the Algerian trauma; political stability; economic
growth; and an agreeable sense of France’s renewed stature in the concert of nations.
• The party’s symbiotic relationship with the president made it the buttress and
The Right 219
guardian of the presidency, and the main defender of presidential policies in par-
liament and in the country, especially at election times. This role was a subservient
one; the party’s secretary-general, for example, was effectively a delegate of the
president, who also vetted its parliamentary candidates. At the same time de Gaulle
found he needed the party’s support, notably to ensure his own re-election to the
presidency in 1965.
• The penetration of the state apparatus. The party’s reward for loyalty to the presi-
dent was the lion’s share of the patronage available to the executive: not only the
premiership and most government portfolios, but also the key posts in ministerial
cabinets, in the state broadcasting networks and in nationalised industries and
banks went to Gaullists. This tentacular spread of political patronage led the vis-
ceral anti-Gaullist Jean-Jacques Servan-Schreiber to coin the phrase ‘l’État-UDR’
– the Gaullist state.
• Electoral strength. At the start of the Fifth Republic, the Gaullists relied almost
wholly on their association with General de Gaulle for their electoral support. But
in later parliamentary elections, as Figure 8.1 (and Tables 7.1 and 7.2) show, their
level of support converged with de Gaulle’s own: a fifth of the voters in 1958, over a
third in 1962 and 1967, and nearly two-fifths in June 1968, when a conservative
reaction against the (perceived) Communist threat of the previous month secured
the Gaullists 293 out of 487 seats – the first single-party parliamentary majority
in the history of the Republic. Gaullists always claimed to represent a cross-section
of the electorate – ‘the rush-hour crowd on the Paris metro’, as André Malraux
Figure 8.1 Votes for Gaullist parties (% of votes cast, first ballot in two-ballot elections), 1958–
2004.
220 The Right
put it. This was always less true of the party than of the General himself, and also
less true as time went on and the Gaullist ranks swelled with traditionally conserv-
ative groups – the elderly, women, higher income groups and practising Catholics.
But it remained more socially representative than most earlier right-wing parties: a
‘parti d’électeurs’ in Jean Charlot’s term, a ‘catch-all’ party in Otto Kirchheimer’s.
• The domination of the presidential majority. Outside the unusual circumstances of
1968–73, the Gaullists depended on allies – notably, from 1962, on Valéry Giscard
d’Estaing’s Républicains Indépendants – for their parliamentary majority. They
shared out the government ministries with Giscardians and, from 1969, with
Jacques Duhamel’s Centre Démocratie et Progrès. But they were the dominant
partners. One indication of this was the Gaullists’ share of the majority’s parlia-
mentary candidacies. These investitures were shared out between the different com-
ponents of the majority before each election, often after long negotiations, but
according to a general rule that sitting Deputies faced no competition from other
majority candidates. The Gaullists, with plenty of sitting Deputies from the elec-
tions of 1962 and then 1968, dominated the investitures, to a degree which opinion
polls suggested was disproportionate to their support in the country by 1973.
• Organisational strength. De Gaulle’s reservations about creating a big, structured,
party organisation were balanced, from 1965, by an awareness that he needed such
an organisation to revive his sagging presidential campaign. In 1966, he therefore
allowed his prime minister Georges Pompidou to take the party in hand. By the
time of de Gaulle’s resignation, many leaders and cadres of Resistance pedigree
had given way to a newer generation, and party membership had probably doubled
since the early 1960s (to about 160,000, many of them recruited in reaction to May
1968). It would take an indulgent observer to call this a ‘mass’ party, but it was still
considerably more structured than the cadre model typical of earlier parties of the
Right. Its existence helped save the party during l’après-de Gaulle. It also, of
course, helped elect Pompidou to the presidency, with a record 58.21 per cent at the
second ballot against the centrist Poher.
Jean Charlot argued that in the ‘parti d’électeurs’, the Gaullists gave France a new
kind of party, free of attachments to particular ideologies or interest groups, which won
elections by delivering policy goods the voters wanted. He also claimed that Gaullism
changed the multiparty landscape of the Fourth Republic into a ‘dominant-party sys-
tem’ during the 1960s. Comparison with other democracies makes such claims look
overstated; all democratic parties must satisfy voters, after all, and a party that wins a
string of elections over fifteen years, though impressive, has no more created a ‘dominant-
party system’ than Thatcher’s Conservatives in Britain or Kohl’s Christian Democrats
in Germany. But when the comparison is with the parties and party system of the
Fourth Republic, Charlot’s analysis does indeed point up a dramatic contrast.
Other observers compared the Gaullists to the Radicals, the quintessential governing
party of the Third Republic, pointing to their pragmatic doctrine, their solid, durable
position in parliament and in ministries, their electoral spread south of the Loire where
Radicals had always done well, their steadily growing local roots. True, there were also
differences: the Gaullists’ love of strong leaders, anathema to the Radicals; their
assertiveness in foreign policy, an area which had left the Radicals indifferent; their
imperviousness to the anti-clericalism which animated so many Radicals. But the most
striking resemblance was that by 1972, the Gaullists appeared to many, as the Radicals
The Right 221
had in the 1930s, as a party that had grown fat on patronage and been in power
too long.
Paris
For eighteen years between 1977 and 1995, Paris was Chirac’s showcase and his power
base, his international platform and the bastion on which he fell back in the event of
defeat. Judicial investigations have also shown that it was the centre of much illegal
activity. Full-time RPR officials were on the municipal payroll, housing distributed on a
clientelistic basis, tenders for municipal contracts rigged in return for cash payments to
the party, electoral rolls tampered with. After 1995, these scandals engulfed Jean Tiberi,
Chirac’s uninspiring successor as mayor, and France’s capital elected a Socialist mayor
in 2001. But senior party figures, including Juppé, were also placed under investigation.
From an incomparable asset, Paris became a symbol of the RPR’s rotten heart.
Chirac himself remained remarkably untouched by the stench of corruption emanat-
ing from his former bastion. The courts extended his constitutional immunity to pros-
ecution for acts committed as president to his activities before his election. Moreover,
polls two years before the 2002 elections showed that he had at least an even chance of
beating his expected opponent, Jospin – and that no other right-wing candidate would
come close. Under the Fifth Republic, however, it is axiomatic that a successful presi-
dential candidate requires the solid backing of a party. The RPR, with its shrunken
electoral support, its uncertain ideological base and its dislocated organisation, and its
sleazy public image, scarcely seemed to meet this requirement.
Figure 8.2 Votes for the non-Gaullist moderate Right (UDF from 1978; % of votes cast, first
ballot in two-ballot elections), 1958–2004.
• Policy divisions centred, in the first instance, on the Right’s economic programme.
While the Parti Républicain, and especially the bande à Léo – François Léotard and
his two lieutenants, the former extreme right-wing activists Alain Madelin and
Gérard Longuet – was in the vanguard when it came to incorporating ‘New Right’
themes such as privatisation into the opposition’s agenda in the 1980s, the centrists
of the CDS were much less sure. As ministers in the second Chirac government, on
the other hand, Léotard, Madelin and Longuet were among the most sympathetic
to protesting students in December 1986, lacking all solidarity with René Monory,
the CDS education minister who had prepared the reform the students were pro-
testing against. A more surprising split came later, in 1992, when the UDF,
hitherto seen as the most solidly pro-European element on the Right, split over the
Maastricht referendum, with a minority under Philippe de Villiers campaigning
against the treaty and eventually leaving the UDF altogether.
• Strategic divisions concerned, in the first instance, the wisdom or otherwise of
‘cohabitation’ between a government supported by a right-wing majority and
President Mitterrand in 1986. Raymond Barre, Giscard’s second prime minister,
opposed such an experiment in the name of a more Gaullian interpretation of the
constitution than the Gaullists themselves adhered to, until events overtook him.
Other strategic divisions centred on relations with other parties, notably the FN. A
minority of leaders in the PR, notably the arch-conservative Alain Griotteray as
well as Gérard Longuet, periodically suggested ending the ‘quarantine’ of the far
Right; and the UDF’s leader in Marseille, Jean-Claude Gaudin, co-operated with
The Right 231
the FN to save a handful of seats from the Socialists in the parliamentary defeat of
1988. By contrast, the centrists, led by Pierre Méhaignérie after Lecanuet gave up
the CDS leadership in 1982, appeared genuinely tempted by an alliance with the
Socialists in 1988; they formed a separate group from the UDF in the National
Assembly, and helped keep Rocard’s Socialist government in office by supporting it
on a number of key votes – though they returned to the main UDF group in 1993.
A final strategic division concerned relations with the Gaullists, whose superior
organisation has always inspired a mixture of admiration and resentment in the
UDF. This was especially apparent as the 1995 presidential elections approached.
The UDF was torn between support for a candidate from within its own ranks
(Giscard and Barre, as well as the president of the UDF parliamentary group,
Charles Millon, all suggested they might run, before being dissuaded by a glance at
the opinion polls); support for Balladur, the line which won a majority in each of
the UDF’s three main parties and was actively promoted by government ministers
including Léotard, Longuet and Simone Veil; and support for Chirac, voiced
openly by Madelin and by Hervé de Charette, President of the Clubs Perspectives
et Réalités, and more discreetly by Giscard. For a major party in a ‘presidentialised’
system, the UDF in late 1994 presented an extraordinary picture of disarray.
• Personalities and their competing ambitions inevitably lay behind disputes over
policy and strategy. Giscard, in particular, cast a long shadow, embarking on what
he may have hoped was a long road back towards his old job, via the council of his
département of Puy-de-Dôme (in 1981), the National Assembly and the presidency
of the regional council of Auvergne (in 1986), and the European Parliament in
1989. He also took over the presidency of the UDF in 1989, and reinforced its
central institutions. But except during a brief period between 1989 and 1992, Giscard
never appeared in the polls as a serious presidential contender. The chief effect of
his continued influence was therefore to help spoil the chances of his rivals in the
UDF, especially Barre and Léotard. The Chirac–Balladur battle divided the UDF
almost as much as it did the RPR. It completed the breakup of the bande à Léo, as
Léotard and Madelin ended up on different sides, and left a legacy of division well
beyond 1995. A prolonged struggle for control of the CDS in succession to Pierre
Méhaignérie was waged through the early 1990s between Dominique Baudis and
Bernard Bosson; the Education Minister François Bayrou, one of the rare bal-
laduriens to survive Chirac’s victory, defeated both of them in October 1995.
These three sources of division – policies, strategy and personalities, combined with
the lack of an adequate organisation to contain them – caused the breakup of the UDF,
twenty years after its foundation, over the FN’s proposal of alliance after the 1998
regional elections. This offer was especially tempting to the UDF, a federation of cadre
parties for which local and regional office had always been very important. Four
regional presidents chose to accept FN votes: two were former secretaries-general of
the Parti Républicain, Jean-Pierre Soisson and Jacques Blanc, while Millon had been
the UDF’s leading parliamentarian. They were condemned by the UDF president
François Léotard, but enjoyed widespread sympathy among rank-and-file UDF elected
officials. At the same time the leaders of the UDF’s two component parties used the
occasion to further their own ambitions. François Bayrou, leader of Force Démocrate,
called for ‘a renovated party of the Centre and Centre-Right, refusing any alliances
with the FN’ – headed, presumably, by himself. That turned the debate over alliances
232 The Right
with the FN and penalties against the four regional presidents into a debate about the
future of the UDF itself and led to the departure from the confederation of Bayrou’s
main rival Alain Madelin, and of his party, Démocratie Libérale. The old UDF was
liquidated at the end of May 1998, leaving an unedifying trail of debts and judicial
investigations. By the year’s end, Bayrou had formed a new UDF under his leadership:
it included Force Démocrate, the Parti Populaire pour la Démocratie Française and the
Parti Social-Démocrate, all now fully merged, as well as the Parti Radical, which main-
tained a separate identity chiefly in order to be able to celebrate its centenary in 2002.
There is a sense in which what has been the main strength of the non-Gaullist
moderate Right has also been its main weakness. Through most of the Fifth Republic,
it has been able to conserve its local positions despite national reverses. This is reflected
in the fact that, although very much the junior partner of the moderate Right nation-
ally, the UDF on the eve of its breakup still had 727 members of conseils généraux
against the RPR’s 670, and 32 presidencies of conseils généraux, against the RPR’s 21.
The result was that the non-Gaullist moderate Right remained under the domination of
its local, and especially rural, elected officials, who were independent-minded and
resistant to strong party organisation. That characteristic weakness of the cadre party
was compounded by ideological diversity: probably no greater than that within the
RPR, but without any central myths or symbols to bind the various elements together.
In that context, the conquest of the presidency by Giscard in 1974 appears quite
exceptional, the result of the Gaullists’ divisions after Pompidou’s death. The UDF’s
choices in 1995 were especially revealing of a party unable either to run a presidential
candidate of its own or even to unite behind one of the two Gaullists on offer.
The split of 1998 was in some ways a clarification. France now had a free-market
party of the Right in DL and a post-Christian Democratic party of the Centre-Right in
the new UDF. Their leaders, Madelin and Bayrou, were open rivals for the presidency
of France. But the breakup has also brought further weakness: surveys in 2000 showed
the two candidates together attracting the support of barely 10 per cent of the voters –
about 7 for the UDF and 3.5 for DL. For conservatives seeking a candidate to prevent a
Jospin presidency and prepare the way for a restoration of the Right’s parliamentary
majority, neither man appeared remotely as credible as the incumbent.
• The Centre National des Indépendants et Paysans (CNIP) lingered on, despite the
loss of Giscard’s RI group in 1962 and of other leading members to the centrists. It
was led initially by an ageing generation of Fourth Republic politicians, notionally
independent but increasingly marginal. A flurry of renewal from the late 1980s
came to an abrupt close in 1992 when the aircraft carrying the party’s new young
leader Yvon Briant flew into a Corsican cliff. In the mid-1990s it counted ten
parliamentarians, mostly Senators. The CNIP’s leaders had conceived the party’s
role as forming a bridge between the FN and the moderate Right, since unlike the
RPR–UDF coalition, the CNIP never banned alliances with Le Pen’s party. But a
succession of leadership difficulties (Briant’s successor but one, the poultry king
Gérard Bourgoin, resigned after being placed under judicial investigation) dimin-
ished its ranks: by the time the party joined the UMP as an associated movement in
October 2002 it had no national elected officials and claimed members in just forty
départements.
• The divers droite. Some politicians, chiefly but not exclusively on the Right, go
without party labels, especially if they have a strong local base. Some of these divers
droite candidates are temporary dissidents who later return to a party loyalty.
Others feel no need at all to belong even to a cadre party. At parliamentary elec-
tions, their numbers are small but not negligible: 4.5 per cent and thirteen seats in
1993, 1.6 per cent and seven seats in 1997. The divers droite Deputies were even
necessary to the Right’s overall majority in 1986. At local level, the divers droite are
more powerful. This is especially true in France’s ninety-six départements, where
some 600 of the 3,857 conseillers généraux are divers droite. Their survival testifies
to the continuing relative weakness of France’s party structures, especially in
France’s rural cantons; it is still possible for a small rural département like Cantal to
The Right 237
be run by a divers droite majority. The divers droite have also tended to prosper in
proportion to the unpopularity of the main right-wing parties. For this reason the
late 1990s and the municipal and cantonal elections of 2001 were especially fruitful
in (often successful) divers droite candidacies. In June 2002, divers droite candidates
won over 10 per cent of the vote in over a hundred parliamentary constituencies,
and carried the Right’s colours at the second ballot in a dozen of them, winning in
six; although they joined the UMP parliamentary groups once elected, their ability
to win without the party label testifies to the vigour, at least in some constituencies,
of a personal vote.
• Chasse, Pêche, Nature, Traditions (CPNT). This group, the shooters’ rights party,
has run candidates in the European elections since 1989, at regional elections since
1992, as well as at the presidential and parliamentary elections of 2002 and at
cantonal elections in a handful of cantons. CPNT started out as a single-issue
group par excellence, seeking to frustrate the 1979 European directive limiting the
bird-shooting season both by electoral means and by more or less rowdy demon-
strations. Aided by proportional representation and at times high abstention rates,
it had a significant electoral impact in the late 1990s: with 5 per cent of the vote at
the 1998 regional elections, it held the balance of power in four regions (and used it
to keep the Right in office); its 6.8 per cent at the following year’s European
elections secured five members at the Strasbourg parliament. Just as important, in
areas where they enjoyed support, such as the Aquitaine region or the département
of the Somme, they were able to frighten Deputies from the mainstream parties, of
whatever political stripe, into backing their cause. CPNT has been termed the
‘rural Front National’, and while it claims to have drawn support from people of
the Left as well as the Right, the frequent brutality of its methods recalls the far
Right all too well. These have largely achieved its central aim, at least for the
moment: France has never properly implemented the 1979 wildfowl directive.
CPNT proved less successful when it turned into something resembling a polit-
ical party. It did this after its founding president, André-Henri Goustat, was
convicted in 2000 of illegally diverting public money derived from the sale of
shooting licences to further its campaigns. Deprived of this convenient source of
income, CPNT constituted itself as a party in order to benefit from public finance.
To do this, it had to run candidates at the June 2002 parliamentary elections, and to
win a national audience for the party, Goustat’s successor since 1999, Jean Saint-
Josse, ran for the presidency. His campaign widened the earlier exclusive focus on
shooting to take in wider issues of ‘rurality’ – notably the preservation of rural
public services and the dangers of rural ‘desertification’. This served him reason-
ably well at the presidential election: with 4.2 per cent of the first-ballot vote, Saint-
Josse won nearly a quarter of a million more votes than Hue managed for the
Communists. At the June 2002 regional elections, however, CPNT’s lack of local
elected officials or experienced candidates told against it: although it contributed
to the defeat of at least two Socialist Deputies of whom it disapproved in the
Somme, its overall vote share fell to just 1.7 per cent. The elections of 2004 spelt the
near-annihilation of CPNT’s elected positions: its refusal to join other parties in
second-ballot alliances under the new system for regional elections ensured the
elimination of all thirty-two CPNT regional councillors; it was left with just
three conseillers généraux for France’s départements out of a total 3,857; its low
score of 1.7 per cent at the June European elections removed it from the Strasbourg
238 The Right
parliament; and even at the referendum on the European constitution in 2005,
which might have been the occasion for a revival, CPNT failed to win a leading
position in the victorious no campaign. Claims that it represents a revival of an old
urban–rural cleavage in France therefore appear overstated; but it retains an appar-
ent veto over any serious attempts to protect migrating birds ill-advised enough to
stray into French airspace.
• The Eurosceptical Right. The most consistent defender of a Eurosceptical Right is
Viscount Philippe de Villiers, former UDF minister and political boss of the con-
servative, Catholic département of Vendée. De Villiers campaigned actively for a no
vote at the 1992 Maastricht referendum (as he would thirteen years later against the
European constitutional treaty) and left the UDF to form his own Mouvement
pour la France (MPF) in 1994. His best electoral performances since then have
been at European elections: 12.4 per cent in 1994; 13 per cent (in tandem with the
Gaullist renegade Charles Pasqua) in 1999; and 6.7 per cent (enough to win three
seats in the Strasbourg parliament) in 2004. The MPF is more than merely Euro-
sceptical; it articulates a rural, Catholic conservatism characteristic of de Villiers’s
home base. But neither de Villiers (who won less than 5 per cent at the 1995
presidential election, and did not stand in 2002) nor his party has converted these
successes into a sustained national presence. La Droite Indépendante, the alliance
formed with divers droite and CNIP candidates in 1997, performed indecisively in
what was in any case a bad year for the Right. The alliance of 1999, despite its
success at the polls, was complicated by the fact that Pasqua had hoped for a
‘sovereignist’ grouping of Eurosceptics of both Right and Left; only lack of inter-
est among left-wing Jacobins had forced him into the arms of de Villiers in the first
place. The two leaders of the Rassemblement pour la France quarrelled almost
from the moment of its creation in the aftermath of the 1999 poll: over the political
alignment (which de Villiers wanted to be firmly on the Right, against Pasqua’s
wishes), over jobs for their respective protégés and over the party’s debts of 7–10
million francs. These split the Rassemblement pour la France in June 2000.
Although clearly stronger than the Pasqua group (which retained the RPF label,
but only scored 1.7 per cent in the 2004 European elections), the MPF remains
massively dependent on its leader’s local base: of its five national parliamentarians
(three Deputies and two Senators), four represent the Vendée. One of the para-
doxes of the 2005 referendum on the European constitutional treaty was that while
the Vendée, along with six other départements of the Catholic west, was one of only
thirteen metropolitan départements out of ninety-six to vote yes, Villiers had used
the no campaign to make a national comeback. With the Front National playing an
unwontedly discreet role in the campaign and the UMP’s Eurosceptical wing torn
between hostility to the treaty and loyalty to the president and government, the
leadership of the right-wing no vote was de Villiers’s for the taking. More than any
other leader of the no camp, he linked the treaty to the separate question of
Turkey’s entry to the EU, no doubt calculating that this would appeal not only to
his own conservative Catholic voters but also to xenophobic FN voters. Whether
the 2005 campaign would allow the Viscount to make serious inroads into the FN’s
electorate in time for 2007 was, however, uncertain.
• The Catholic Right. Two other late twentieth-century groups have been just
as marked by Catholic traditionalism as the MPF, without the same degree of
Euroscepticism. The Droite Libérale et Chrétienne was launched (initially just as
The Right 239
La Droite) by Charles Millon after he had accepted FN support as president of the
Rhône-Alpes regional council in 1998 and left the UDF. Still tainted by the contro-
versy over the FN deal, Millon is an embarrassment to Chirac, who hoped to
remove him to Rome by appointing him to the Food and Agriculture Organisation.
Millon, however, has remained active in Lyon politics, with a view to running for
mayor, though he has failed to build a national organisation. Another grouping,
the Forum des Républicains Sociaux, was formed by Christine Boutin, a right-wing
Catholic UDF Deputy who made a national reputation by filibustering the
National Assembly debate on the Pacte Civil de Solidarité with a Bible in her hand.
Boutin won 1.2 per cent of the vote at the 2002 presidential elections, merged her
Forum with the UMP the following June, but was active in the no campaign in
2005.
• Economic causes included, most obviously, the rise of unemployment. This had, it
is true, been an issue through most of the Giscard presidency, which was also the
flattest period in the far Right’s history. But it was rather more than a mere ‘back-
ground’ factor in that during the three years from early 1981 to early 1984 it rose by
Figure 8.3 Votes for the extreme Right (% of votes cast, first ballot in two-ballot elections),
1958–2004.
The Right 241
half, from 1.5 million to 2.25 million. That enabled the FN to suggest, with implac-
ably faulty logic, that the deportation of an equivalent number of immigrants
would create enough vacancies to end joblessness among the French.
• Social change also favoured the rise of the FN, in a variety of ways. Immigration
itself must be considered as a ‘background’ element. It was significantly slowed by
the banning of primary immigration of workers from outside Europe in 1974, and
the number of foreigners on French soil remained fairly stable, at about 4 million,
through the 1980s. The Socialists’ decision to give residence permits to some
130,000 clandestine immigrants in 1981 was certainly opposed on the Right, but
did not constitute a qualitative change. But the perception of immigrants altered as
men were joined by families and a second generation (the ‘beurs’) was born in the
1970s and 1980s, and as ‘immigrants’ (or people of North African origin) were seen
to compete with native-born French for increasingly scarce goods: jobs and toler-
able housing (it is notable that new low-cost housing construction fell sharply in the
1980s, at the same time as the vast estates built since the mid-1950s fell increasingly
prey to physical as well as social decay). The fact that France’s second industrial
revolution had merged without transition into economic crisis from 1974 meant
that by the 1980s French society had seen an unprecedented transformation lasting
almost half a century. Other social factors included the weakening of subcultures
which had given a framework to political activity in previous decades: the Catholic
(with the decline in religious practice) and the Communist (with the spread of
television and the disappearance of traditional working-class jobs). Both had gen-
erally inhibited xenophobia and assisted the ‘integration’ of immigrants. The FN
also probably benefited as the experience of Nazi Occupation, and its links with the
French extreme Right, faded into history.
• Leadership has also been crucial to the FN’s success. Jean-Marie Le Pen was prob-
ably the West European far Right’s ablest leader during the late 1980s and early
1990s. By 2000 his political longevity was greater than that of any active French
politician except Giscard. First elected to the National Assembly in 1956 on the
Poujadist list, a vociferous defender of Algérie française both in the Assembly and
as a paratrooper, campaign manager to Tixier-Vignancour in 1965, founder of the
FN in 1972, he had no major rival on the far Right for a generation until the
(ultimately ineffectual) challenge from his lieutenant Bruno Mégret in 1998. After
choosing, in 1972, to use legal methods to advance his cause rather than the vio-
lence to which the far Right had had ready recourse in earlier years, Le Pen made
himself a master of the baser political arts. His speeches are direct, truculent,
simplistic and plausible, spiced with humour, home-spun aphorisms, and the occa-
sional learned reference or unexpected allusion (in 2002, he quoted from Martin
Luther King’s ‘I have a dream’ speech). He is also just as ‘good’ in the more
intimate setting of the television studio as on a platform in front of his own sup-
porters. Adept at exploiting fear and racial bigotry, he still makes a point of suing
anyone who calls him a racist (and has sometimes won). Above all, he has been
successful in polluting the political mainstream with ‘his’ issues (above all immigra-
tion) and his ‘solutions’, blurring the distinction between his party and its competi-
tors and creating a corner of political debate in which his party is an obligatory
reference point. Yet Le Pen’s leadership talents are inadequate as an explanation
for the FN’s sudden success; they went unnoticed, after all, by the French public for
over a decade after the party’s foundation.
242 The Right
• Political factors, however, hold most of the immediate explanations for the break-
through of 1983–84. The Left’s victory in 1981 was clearly one of these. It dis-
qualified the Communists as a protest party by putting them (however briefly) into
government. It all but exhausted the governmental options available under the
Fifth Republic, without any of them bringing a significant reduction in unemploy-
ment; the FN was attractive as a solution that had not been tried. It radicalised
elements of the Right, just as the Gaullists were becoming less populist, less
nationalistic, more bourgeois and more European; their decision, at the 1984
European elections, to join the list led by Simone Veil (female, Jewish, liberal and
responsible, as health minister ten years earlier, for legalising abortion) was seen as
offering a large political space for Le Pen to fill. Chirac’s 1986–88 premiership, on the
other hand, disappointed the hard Right, which had expected at least a significant
change to the nationality law.
If these political elements were all more or less ‘accidental’, the rise of the FN
was also assisted by the active complicity of other political players. President Mit-
terrand contributed materially to the FN’s transformation into a party of respect-
able appearances: he was responsible both for the enhanced television coverage
given Le Pen from 1984 and for the change to proportional representation, allow-
ing the election of FN Deputies in 1986. While these moves succeeded in their
apparent goal of wrongfooting the moderate Right, they also helped create some-
thing the president had no means of controlling. Moreover, once the breakthrough
had occurred, the mainstream parties responded to it ineptly. The moderate Right’s
indecision over the question of alliances is a good illustration. Established politi-
cians of all parties spoke on Le Pen’s issues in terms reminiscent, on occasion, of
Le Pen’s own. In a television debate in 1985, for example, the Socialist Prime
Minister Laurent Fabius vied with Jacques Chirac to prove that he would be more
effective in expelling illegal immigrants. During a few months in 1991 another
Socialist premier, Édith Cresson, declared that she would happily hire charted
aircraft to deport illegal immigrants en masse, Giscard spoke of a foreign ‘invasion’
of France, and Chirac claimed that immigrant households smelt. Opinion poll
evidence suggests that such pandering to racism was counterproductive, since
racists would always end up preferring the ‘genuine article’, Le Pen himself. Since
then, mainstream politicians have treated the race issue with greater care. On the
other hand, Chirac’s decision to bring law and order (a weak suit for the Left) to
the forefront of the 2002 presidential campaign almost certainly benefited Le Pen
more than any other candidate.
The electorate attracted by the FN since 1984 differs radically from that of the
mainstream Right. Where the map of mainstream right-wing support still resembles
that of Catholic France, with strong points in Brittany, Alsace and the south-west, that
of the FN has typically been a combination of Mediterranean départements (home to a
sometimes explosive combination of pieds noirs and Algerian immigrants) and old
industrial regions, where demand for unskilled labour had attracted immigrant popula-
tions; hence the concentration of the FN’s best départements east of a line running
from Le Havre to Perpignan. The suburbs of industrial France, in the Rhône valley and
around Paris, with high-rise housing estates and big immigrant populations, inspired
fear and loathing among small individual homeowners in surrounding zones; they
proved among the firmest FN supporters in the 1990s. Yet to characterise the FN vote
The Right 243
as ‘eastern’ is to underestimate its dynamic character. Some of Le Pen’s biggest gains in
2002 were outside the traditional eastern areas of strength, in more western, often rural
départements where older loyalties of conservative Right (Vendée) or Left (Aude and
Ariège), and low levels of immigration, had hitherto minimised the FN’s appeal.
The FN electorate is as socially distinct from that of the mainstream Right as it is
geographically. Six out of ten of its voters are men. Traditionally conservative categor-
ies like the liberal professions or practising Catholics or the retired were attracted in
1984, but are now under-represented. Indeed, the list of social groups most resistant to
the appeal of the Le Pen and his party contains more typically ‘right-wing’ categories
(the elderly, the retired, regularly practising Catholics, the wealthy) than ‘left-wing’ ones
(such as trade unionists). The FN electorate has usually included disproportionate
numbers of small traders and artisans, the categories who gave birth to the Poujadist
movement. They have been complemented, since the late 1980s, by blue-collar workers,
typically from the private sector, often young, with few qualifications and vulnerable to
unemployment. Indeed, with between 20 and 30 per cent of the votes of both blue-collar
workers and the unemployed, Le Pen and his party have repeatedly held the leading
position among these groups – the single most striking distinction between the FN
electorate and that of the mainstream Right. Traditionally, such male working-class
voters had provided the backbone of the Communist Party’s rank-and-file support.
While there is scant evidence of direct transfers of voters from far Left to far Right, it
does appear certain that working-class voters who in an earlier generation would have
been natural Communist supporters, but who reached voting age in the 1980s or early
1990s, immediately gravitated, not to the PCF, but to the FN. Some working-class FN
voters retain a residual left-wing loyalty, which led analysts to coin the term ‘gaucho-
lepénistes’. In 1995, for example, 28 per cent of Le Pen’s voters switched to Jospin at the
second ballot, against 21 per cent who abstained and 50 per cent who supported Chirac.
Similarly, between 25 and 30 per cent of first-ballot FN voters at the 1997 parlia-
mentary elections supported the Left at the run-off. Again, however, to highlight the
FN’s working-class vote at the expense of other groups is to miss its diverse and
changing character; in 2002 the FN made headway among older voters, often retired,
prosperous and quite remote from the threat or reality of joblessness that motivated its
blue-collar supporters. The FN’s spread across classes and social groups, now probably
better than that of any other party, is likely to be a durable source of strength.
Individuals attracted to the FN are a similarly mixed group. The hard core are
ideologically motivated: monarchists still fighting against 1789; Catholic fundamental-
ists, loyal to the Latin Mass and the memory of Joan of Arc; wartime collaborators and
others nostalgic for Hitler’s ‘new order’ (Le Pen himself ran a publishing house special-
ising in recordings of German marching songs of World War II); veterans of the
Algérie française struggle, and even of the Organisation Armée Secrète (OAS); skin-
heads who have found in FN activities the inspiration to attack and kill men of the
‘wrong’ colour (although the FN is committed to legal methods, its membership, and
especially its ‘Protection and Security’ service, have been found to contain members of
smaller, more violent groups). A larger number of FN supporters, however, without
having any very strongly articulated extreme right-wing views, have resented the
economic and social evolution of France since the 1980s (especially rising crime and
unemployment), despaired of the established parties’ ability to address their problems
and (in many cases) blamed them on immigrants. Their economic priorities are sharply
opposed: support for free-market solutions for the self-employed and professionals in
244 The Right
the FN electorate, but a continuing sympathy for dirigisme and state-run public services
for Le Pen’s blue-collar supporters. Two shared concerns of FN voters stand out,
however: law and order and immigration. On law and order, Le Pen’s voters found
themselves close to the mainstream in 2002, when the issue – unusually – was at the
centre of the presidential campaign: 74 per cent of them thought law and order a very
important stake of the election, compared to an average of 58 per cent for all voters –
but 73 per cent for Chirac supporters. On the other hand, they were highly distinctive in
their concern over immigration: this was cited as a very important election issue by
60 per cent of Le Pen voters, against an average figure of only 18 per cent.
These priorities are reflected in the the FN’s discourse. Le Pen and his lieutenants
claim to have a general political platform. They have sought, at various times, to abro-
gate the Maastricht Treaty, to abolish the European Commission, to create a Europe des
patries with the most minimal EU structures, or, during the 2002 campaign, to with-
draw from the European Union; to lock up AIDS sufferers in institutions (Le Pen has
now relented on this score, and has even moved on to express support for homosexual
marriages); to punish the corruption that has tainted the other parties; and to create a
‘Sixth Republic’ with proportional representation, or stronger executive powers, or
both; to apply free-market solutions to the economy, but to protect France’s small
businesses from ‘unfair’ competition. They opposed France’s participation both in the
1991 Gulf war (arguing that Iraq’s invasion of Kuwait was part of the normal process
of nation-building) and in the 1999 Kosovo conflict, as well as (like everyone else) the
2003 Iraq war. But these concerns have been incidental to the main themes: more
powers for the police, harsher prison sentences, the death penalty for murderers and
drug dealers; and above all, ‘La France aux Français’, the application of ‘national
preference’ in employment and social services, and in due course the forced ‘repatri-
ation’ of 3 million ‘immigrants’. Sending immigrants ‘home’, it is claimed, would at a
stroke solve the problems of unemployment, of crime and of the costs of the welfare
state. The logistics of this vast round-up and airlift of unwilling populations (equivalent
to six jumbo jets daily for two years) are no more considered than the morality of the
exercise. But the FN deals less in practical policies than in the designation of enemies
and scapegoats. As well as immigrants (particularly those from North Africa), it is
against intellectuals, bureaucrats, Eurocrats, liberal Catholics, mainstream journalists,
judges, drug addicts, social ‘do-gooders’, trade unionists, Communists and (though not
openly) Jews. This lengthy litany of dislikes and hatreds has fuelled the protest against
established parties which is a key to the FN’s growth.
Concluding remarks
In or out of national office, France’s right wing has well-established sources of power
and influence. Throughout the Fifth Republic, it has held a comfortable majority in the
Senate. It has controlled most of France’s ninety-six départements except for a brief
period in the late 1970s, and ran the great majority of regions from the first direct
elections in 1986 until the defeats of 2004. It has held major cities such as Bordeaux and
Toulouse for decades (the loss of Paris and Lyon in March 2001 was balanced by
victories in other major cities such as Strasbourg, Blois and Orléans). Some of the most
influential pressure groups in the country can be counted on to propagate right-wing
ideas, despite periodic squabbles with right-wing politicians: they include the MEDEF
which represents the business community; the FNSEA which is the main farmers’
union, the UNAPEL which protects Catholic schools, and the PEEP, which defends a
rightist viewpoint in the state school sector. France’s intellectuals, more or less in thrall
to Marxism during the post-war generation, now count fashionable right-wingers
among their number; belief in any early replacement of capitalism by a socialist system
has been marginalised, since the early 1980s, among politicians and political commen-
tators alike. The Right has committed supporters in the administration and, as a con-
sequence of pantouflage (see Chapter 10, p. 287), in key posts in business. Although its
control of the state broadcasting system was broken after 1981, the Right is still influen-
tial both among private broadcasting stations and above all in the press; the late Robert
Hersant, founder of the Hersant group which owns Le Figaro and a string of regional
dailies, was a former RPR Deputy.
Despite these assets, the record of the French Right since the 1980s has been
248 The Right
unimpressive compared with those of many foreign counterparts. In opposition for
sixteen of the twenty-five years from 1981 to 2005, the Right often seemed hesitant even
when in office. It has been no more able than the Left to secure the re-election of an
incumbent parliamentary majority. And while it has (like the Left, though in a different
manner) engaged in large-scale privatisations, in other respects it has been slow to aim
at what right-wing governments elsewhere might view as obvious targets. The Right’s
record on eliminating France’s chronic public-spending deficits (they rose in Raffarin’s
first two years), or on reducing the overall level of public spending (still in excess of
54 per cent of GDP), has been weak; targets for reducing civil service numbers are timid
compared with those of Britain’s New Labour; reform of the labour market, and of a
taxation system which (especially at local level) actively penalises employment, has been
slow; changes to an education system that is both prodigal (in terms of surplus school-
teachers paid not to teach unwanted subjects) and starved (of funding for universities)
have been virtually non-existent.
One reason for this uncertain performance has been institutional. For much of the
Fifth Republic, the superposition of a seven-year presidential term onto five-year par-
liaments has meant electoral cycles of two to three years, too short for unpopular
reforms (such as those indicated above) to show benefits in terms of competitiveness,
growth and jobs. Governments looking to the next election are thus well advised to
tread softly on reform. That difficulty should, in principle, be resolved by the likely
synchronisation of presidential and parliamentary terms over five years. But the Raf-
farin government’s reforms to pensions, health, taxation and the working week were
more prudent than bold – despite his command of five clear years. Other reasons for
this cautious record should therefore be sought – in the Right’s electoral weakness, in
its ideological predilections and in its internal divisions.
The mainstream Right’s relative electoral weakness is most simply illustrated
by the contrast between the period from 1958 to 1974, when the parties or candidates of
the moderate Right always won over half of all first-ballot votes at presidential and
parliamentary elections, and the years since 1978, when they have never done so. Victories
since the 1980s have been won with shares of the first-round vote that fell far short of
the comfortable majorities of old: 43 per cent in 1986, 44.2 in 1993, 20.8 per cent for
Chirac in 1995 and 19.9 per cent in 2002, 43.7 per cent in the 2002 parliamentary
elections. Defeats have taken the moderate Right to hitherto unimaginably low levels:
36 per cent in 1997. The most obvious reason for this step change was the rise of the
FN, which rendered permanent what might initially have been viewed as the moderate
Right’s temporary loss of vote share in 1978–81. The FN’s presence meant that a
significant proportion of the total right-wing vote was practically unavailable to candi-
dates of the moderate Right at the decisive second ballots of elections. Hence, in
part, the paradox of a right wing (including the FN) commanding a consistent overall
majority of first-round votes but staying so long out of power. It also meant that the
moderate Right has regularly had to fight a war on two fronts. In doing so, it has
conceded something to the FN agenda on law and order and immigration – but also
something to the Left’s defence of the public sector (indeed, on this issue Chirac and his
prime ministers have appeared distinctly to the left of Blair’s New Labour).
The French Right’s hesitancy to engage in ambitious neo-liberal reforms also has
ideological reasons, which electoral weakness compounded. Right-wing commentators
castigate the Left’s continuing ideological hegemony, exemplified, for example, by the
widespread support for public-sector strike movements in 1995 and after 2002. To an
The Right 249
extent, they were right. The view of the state as an active promoter of social equality
has been current on the Right as well as the Left, especially among Gaullists and
Christian Democrats. In 2002, some 40 per cent of Chirac’s and Bayrou’s voters did not
accept the proposition that the number of public employees should be cut. When, at the
same time, Alain Madelin gave the French the chance to vote for an unambiguously
neo-liberal candidate, he was rewarded with under 4 per cent of the vote. A further
difficulty is that neither of Chirac’s presidential victories could be said to offer a clear
mandate in favour of change from the Right. In 1995, his campaign was marked by a
phrase – la fracture sociale – and a leftish, Statist, tonality, intended to contrast with
Balladur, which appeared to offer a return to the interventionism of the de Gaulle
years. In 2002, his re-election to the presidency was helped by the (anti-Le Pen) demon-
strations and by millions of left-wing votes; the Right’s parliamentary victory in June
was assisted by the voters’ wish to avoid any repetition of cohabitation and by
Raffarin’s emollient promises to listen to la France d’en bas (the France of ordinary
working people). Little in these campaigns presaged any radical rollback of the state.
France’s right-wing parties have also, finally, suffered from their divisions. They have
drawn on different traditions, and have had different patterns of organisation and (to
some degree) different electorates. They have argued about money (notably the prime
minister’s ‘special funds’), about policies and about political strategy (and notably how
to handle the FN). Yet many of these divisions had narrowed by 2000; they are prob-
ably not too deep to be accommodated within a single, diverse, right-wing party such as
the UMP aspired to be. Perhaps harder to contain have been the divisions caused by
presidential rivalries. The contests between Giscard and Chirac in 1981, or Chirac and
Barre in 1988, though not sufficient on their own to ensure Mitterrand’s two victories,
did deny the leading right-wing candidate votes at the run-off. The damage at parlia-
mentary elections was more limited; parliamentary seats could, after all, be shared out
in a way that the (one) top job could not. Even here, though, the division between
Chirac and Balladur supporters poisoned the right-wing majority between 1995 and
1997. More indirectly, however, the querelles des chefs caused widespread disenchant-
ment with moderate right-wing parties among right-wing voters, rendering other
options – for example the FN – more attractive and thus further increasing the moder-
ate Right’s handicaps. Hostilities between Sarkozy and Chirac, more or less open
within weeks of the 2002 victories, have the potential to be similarly damaging in 2007 –
unless, of course, they are supplanted by an equally bloody confrontation between
Sarkozy and de Villepin.
Personal rivalries are the stuff of politics and it would be surprising not to find them
on the French Right. The openness with which they are pursued is perhaps more
remarkable; French politicians tend to stab one another in the front as well as in the
back. What is most striking, however, is how bad the party organisations have been at
containing such conflicts and canalising them to produce strong party leaders and
election-winning candidates. No party of the moderate Right has an agreed procedure
for making these choices that has operated regularly between several contenders. One
result has been an often messy pattern of competition, regularly involving the most
demagogic varieties of outbidding, at presidential elections: four candidates on the
moderate Right (Giscard and three Gaullists) in 1981; two Gaullists but no UDF
candidate in 1995; five candidates of the mainstream Right in 2002. Another has been
the relative immunity of party leaders to sanction from below. Few parties in any
democracy have hung onto so many unsuccessful leaders for so long. The problem of
250 The Right
French parties, notwithstanding De Gaulle’s critique of their role under the Fourth
Republic, is not that they are not too strong; it is that they are too weak.
Further reading
For general studies on French and European parties, see Chapter 7.
Anderson, M., Conservative Politics in France, London, George Allen and Unwin, 1974.
Bastow, S., ‘Front National economic policy: from neo-liberalism to protectionism?’, Modern and
Contemporary France, 5(1), February, 1997, pp. 61–72.
Berstein, S., Histoire du gaullisme, Paris, Perrin, 2001.
Betz, H.-G., Radical Right-Wing Populism in Western Europe, Basingstoke, Macmillan, 1994.
Birenbaum, G., Le Front National en politique, Paris, Balland, 1992.
Bresson, G. and Lionet, C., Le Pen, biographie, Paris, Seuil, 1994.
Camus, J.-Y., Le Front National: histoire et analyses, Paris, Olivier Laurens, 1996.
Cathala, J. and J.-B. Prédall, Nous nous sommes tant haïs. 1997–2002. Voyage au centre de la
droite, Paris, Éditions du Seuil, 2002.
Charlot, J., L’UNR: étude du pouvoir au sein d’un parti politique, Paris, Armand Colin, 1967.
Charlot, J., The Gaullist Phenomenon, London, George Allen and Unwin, 1971.
Chebel d’Appollonia, A., L’extrême droite en France de Maurras à Le Pen, 2nd edition, Brussels,
Complexe, 1996.
Constanty, H., Le lobby de la gâchette, Paris, Seuil, 2002 (on CPNT).
Davies, P., The National Front in France: Ideology, Discourse, and Power, London, Routledge,
1998.
Davies, P., The Extreme Right in France, 1789 to the Present, London, Routledge, 2002.
de Gaulle, C., Memoirs of Hope: Renewal and Endeavour, New York, Simon and Schuster, 1971.
Dély, R., Histoire secrète du Front national, Paris, Grasset, 1999.
Dolez, B. and A. Laurent, ‘Quand les militants RPR élisent leur président’, Revue Française de
Science Politique, 50(1), 2000, pp. 125–46.
Faux, E., Legrand, T. and Perez, G., La main droite de Dieu: enquête sur François Mitterrand et
l’extrême droite, Paris, Seuil, 1994.
Fysh, P. and Wolfreys, J., The Politics of Racism in France, London, Macmillan, 1998.
Giscard d’Estaing, V., Démocratie française, Paris, Fayard, 1976.
Haegel, F., ‘Faire l’Union: la refondation des partis de droite après les élections de 2002’, Revue
Française de Science Politique, 52(5–6), October–December 2002, pp. 561–76.
Hainsworth, P. (ed.), The Politics of the Extreme Right: From the Margins to the Mainstream,
London, Pinter, 2000.
Hanley, D., ‘Compromise, party management and fair shares: the case of the French UDF’, Party
Politics, 5(2), 1999, pp. 171–89.
Kitschelt, H., with A. McGann, The Radical Right in Western Europe: A Comparative Analysis,
Ann Arbor, University of Michigan Press, 1997.
Knapp, A., Gaullism since de Gaulle, Aldershot, Dartmouth Publishing, 1994.
Madelin, P., Les gaullistes et l’argent, Paris, L’Archipel, 2001.
Marcus, J., The French National Front, London, Macmillan, 1994.
Martin, P., La montée du Front National, Paris, Fondation Saint-Simon, 1996.
Massart, A., L’Union pour la Démocratie Française (UDF), Paris, L’Harmattan, 1999.
Mayer, N., Ces Français qui votent Le Pen, 2nd edition, Paris, Flammarion, 2002.
Perrineau, P., Le symptôme Le Pen: radiographie des electeurs du Front National, Paris, Fayard,
1997.
Rémond, R., Les droites en France, Paris, Aubier Montaigne, 1982.
Sirinelli, J.-F. (ed.), Histoire des droites en France, vol. I, Paris, Gallimard, 1992.
The Right 251
Souchard, M., Wahnich, S., Cuminal, I. and Wathier, V., Le Pen: Les mots, Paris, Le Monde
Éditions, 1997.
Touchard, J., Le gaullisme, 1940–1969, Paris, Seuil, 1978.
Traïni, C., Les braconniers de la politique, Paris, Presses Universitaires de France, 2003 (on
CPNT).
Tristan, A., Au Front, Paris, Gallimard, 1987.
Party websites
CNIP http://www.cnip.asso.fr
CPNT http://www.cpnt.asso.fr
Front National http://www.frontnational.com
MPF http://www.mpf-villiers.com/
UDF http://www.udf.org/index.html
UMP http://www.u-m-p.org/site/index.php
9 Transformations of the
party system
Continuity and change
A party system in any democratic state consists of three sets of relationships. The first
of these concerns the parties themselves. How many parties are there? Are there
extreme parties of Right and Left, or is the ideological distance between the various
parties small? And is there a pattern of alliances between the parties? Secondly, a party
system is shaped by the relations between parties and society – by levels of membership,
by public attitudes towards parties, but above all by levels of electoral support. A third
aspect is the relationship of parties to government. Which party or parties govern? Do
they do so alone or in coalition? And is there regular alternation in power, or does a
single party or coalition monopolise governmental office over an extended period?
The time dimension is crucial because a party system is not just a snapshot of the
configuration of political parties at a given moment – just after a major election, for
example. On the contrary, the purpose of analysing party systems is to reveal long-term
dynamics and continuities beyond the contingencies of any single electoral result, how-
ever dramatic. The analysis of party systems does not ignore change, whether involving
the emergence, splitting or disappearance of parties, gains and losses in party support,
or the conquest or loss of governmental office. But it does seek to place these things in a
long perspective. Analysis of the British system, for example, sets the varied events of
the late twentieth and early twenty-first centuries – the vicissitudes of the Conservative
and Labour parties, the rise of centre-party politics, or the development of Welsh and
Scottish nationalisms – within a more general context in which one or other of the big
parties can normally be expected to win a House of Commons majority and occupy
government office alone.
Such an exercise presents obvious problems in the case of France. The two previous
chapters have demonstrated that French parties are numerous (no fewer than nine lists
won 5 per cent of the vote or more at the European elections of 1999, and seven at those
of 2004); that in the course of the Fifth Republic the level of electoral support of each
of them has either halved (in the case of the Gaullists) or quartered (in that of the
Communists) or both doubled and halved (in the case of the Socialists, Les Verts and
the Front National (FN)); that most have split, in more or less dramatic ways, at least
once, and some have merged; and, confusingly, that all except the Communists have
Transformations of the party system 253
changed their names at least once. No two post-election snapshots of the configuration
of parties resemble one another very closely. With French parties as numerous, and
their support as variable, as they are, it should be no surprise to find that the party
system has defied any neat classification. Moderate pluralism, a dominant-party sys-
tem, imperfect bipartism, the bipolar quadrille and a two-and-a-half party system are
all expressions that have been applied to it during the Fifth Republic. At times, indeed,
and especially since the 1980s, observers have come close to detecting a new party
system with each election. Such successive characterisations are a useful reminder of
how the configuration of parties has changed in the course of the Fifth Republic, and
this chapter will start with them. But they miss out the longer-term dynamics, which is
why an attempt at a more synthetic view of the party system over the full course of
nearly five decades will follow.
• The presence of strong and irresponsible ‘anti-system’ parties of the Left (the
Communists) and the Right (the Gaullists in the late 1940s and early 1950s, the
Poujadists thereafter), determined to bring down the régime, or at the very least to
sow confusion among its supporters, hampered all attempts to find a coherent
governing majority in parliament. The proportional electoral system allowed such
parties to win parliamentary seats (a minimum of 100 for the Communists) without
committing themselves to any form of alliance.
• Political conflict was fiercely ideological, even on issues that in other systems
might have been resolved by negotiation and compromise (Chapter 1). The four
main political forces which broadly supported the régime, and from which govern-
ments might be drawn, were themselves divided, in two different ways: on the
clerical/anti-clerical issue which had traditionally separated Right from Left in
France, and on issues of state intervention, taxation and spending. New issues that
confronted the politicians of the Fourth Republic, notably European integration
Figure 9.1 The party system of the Fourth Republic: a simplified view.
254 Transformations of the party system
and decolonisation, also divided the governing parties. All parliamentary majorities
were thus quarrelsome and precarious.
• Most parties, especially those of the Centre and Right, had difficulty in command-
ing the loyalty of their parliamentarians, rendering major votes in parliament
unpredictable.
• Governments were therefore unstable, lasting an average of six months and a
maximum of seventeen.
• The link between votes and the composition of the political executive was tenuous
to the point of appearing non-existent. The composition of governing coalitions
was determined not so much by election results as by negotiations between party
leaders behind closed doors.
• Electoral competition led parties to outbid their competitors, including those with
which they would later enter governing coalitions, on key policies at election time.
In government, however, parties invariably disappointed their supporters because
they were obliged to make compromises in coalition, and because few governments
had the time to enact any major policy before losing office. Voter disappointment
with parties led to disappointment with the political system as a whole.
The transition to the Fifth Republic between 1958 and 1962 offered an equally classic
case of institutional change leading to party system change. The new constitution gave
governments new safeguards against attack from parliament; it gave the president both
new powers, including the right of dissolution and the right to call a referendum, and
reinforced power, through the 1962 reform instituting direct presidential elections. The
replacement of proportional representation at parliamentary elections by the two-
ballot majority system with single-member constituencies, though not part of the
constitution, was nevertheless a major institutional change. Polarised pluralism disap-
peared. But the new party system did not settle down to a pattern as predictable as
those of, say, Britain or the Federal Republic of Germany. On the contrary, six different
configurations of French parties can be observed since 1958. They may be read in
conjunction with Figure 2.2, which shows the relationship between presidential terms,
governments and parliamentary majorities under the Fifth Republic.
To understand these six stages, however, is not to understand the party system.
Though an analysis by stages is necessary to appreciate the frequency and extent of
change in party configurations, such an analysis characteristically lacks a long time
span and therefore leaves us with too little comprehension of underlying dynamics.
Understanding these requires an attempt at a more synthetic model of Fifth Republic
party politics.
Bipolar multipartism
The salient feature of the French party system under the Fifth Republic, as presented in
Table 9.1, is the balance between forces tending to bipolarisation, coalition and (rela-
tive) simplicity, and forces tending to multipolarisation, fragmentation and complexity.
Both types of force exist in almost any party system, but most systems are marked by
the predominance of one or the other: the British system is overwhelmingly bipolar,
for example, while the French Fourth Republic or pre-1992 Italy incorporated few
restraints to balance the forces of fragmentation and multipolarity. In the contempor-
ary French case, on the other hand, both types of force are almost equally strong. Such
relatively small variations in the balance as occur may therefore produce quite marked
effects in the configuration of parties from one election to another – in other words, the
changes over time noted above. The term bipolar multipartism attempts to capture this
balance while remaining sufficiently loose-fitting to accommodate these variations.
Bipolarity: characteristics
The party system of the Fifth Republic can be characterised as bipolar, first, on the
basis of the parties’ relationship to government. The great unexpected development of
the Fifth Republic was the emergence, from 1962, of the fait majoritaire – of stable
majorities in the National Assembly, of either Right or Left, capable of sustaining a
government in office for a whole parliament. Stable majorities have encouraged the
development of more or less stable oppositions, capable at least of some measure of
260 Transformations of the party system
Table 9.1 Bipolar multipartism: the party system of the Fifth Republic
co-ordination both within the Assembly and at the approach of elections. Governments
do not fall, as they had under the Third and Fourth Republics, on the whim of a single
party or even of a fraction of a party within the governing coalition. The departure of
the MRP ministers in 1962, for example, led to no more than a reshuffle. On the
contrary, alternation in power under the Fifth Republic has always been the outcome of
competition between left-wing and right-wing blocs. These blocs have remained rela-
tively stable. Although a handful of individuals, such as the former Giscardian minis-
ters in 1988, may change sides, whole parties do not; the Centre – with the partial
exception of the 1988 parliament, the only one since 1962 where there was no overall
Transformations of the party system 261
majority – has never played the pivotal role it enjoyed under the Third and Fourth
Republics. Nor has the Fifth Republic seen a grand coalition, grouping socialists and
conservatives (as, for example, the CDU–SPD coalition in West Germany from 1966 to
1969). De Gaulle’s government of 1958 resembled one, but it fell apart as the new
constitution came into force. Cohabitation involves an element of power-sharing by a
president and a prime minister of opposed political camps, but the two heads of the
executive are always in open competition and never present, as coalition partners do, a
set of agreed policies and objectives. Nor have governments sought to negotiate a
consensus on economic reforms with political adversaries and social partners. Serious
competition for state power, then, is dominated by the two forces of Left and Right.
Bipolarity has therefore also been manifest at elections, especially at second ballots.
Of the seven direct presidential elections under the Fifth Republic, five have produced
what Jean Charlot called a ‘great simplifying duel’, a straight Left–Right fight at the
second round (the exceptions were 1969, when Pompidou faced the centrist president of
the Senate, Alain Poher, at the run-off, and 2002, when Chirac defeated Le Pen by a
record total of over 82 per cent of the vote). At parliamentary elections, in those
constituencies where no candidate won at the first round, the run-off was a straight
fight between Left and moderate Right in 94 per cent of cases in 1988, 73 per
cent in both 1997 and 1993, and 80 per cent in June 2002. At local level, although the
Socialist–centrist alliance, so characteristic of the Fourth Republic, lasted longer on
many city councils than it did nationally, joint Socialist–Communist lists have been run
against the Right in 90 per cent of towns of more than 30,000 inhabitants since 1977.
Multipartism: characteristics
Yet France is also rather obviously a multiparty system, in four respects. The first
concerns the number of parties. Despite periods of consolidation, nothing resembling a
two-party system has ever emerged under the Fifth Republic. If, by rough rule of
thumb, a party is said to be ‘relevant’, or to have the potential to affect the complex
set of relationships that makes up a party system, when it has 5 per cent of the vote,
then at the 1997 parliamentary elections there were five ‘relevant’ parties: Communists,
Socialists, UDF, RPR and FN; the ecology groups, which won 6.4 per cent of the vote
but did so partly thanks to the Socialists’ goodwill, might conceivably be considered as
a sixth, especially given Dominique Voynet’s appointment to the government. The
number fell to three (Socialists, UMP and FN) in June 2002, but it would be hasty
to view this as an inexorable movement towards concentration: three other parties
(Communists, Greens and UDF) all won over 4.5 per cent in June 2002, and moved
back above 5 per cent at the European elections two years later. Moreover, the number
of parties and candidates has tended to increase. The 1978 record figure of 8.9
candidates per constituency was comfortably exceeded in 1997, when the number was
11.5, and again in June 2002, when it reached 14.6. Almost as striking has been the
tendency to inflation in presidential candidacies: six in 1965, seven in 1969, twelve in
1974, ten in 1981, nine in 1988 and 1995, and fifteen in 2002.
Second, some ‘relevant’ parties have remained outside the blocs of Left and Right:
this was true of all the centrists between 1962 and 1969, and of most of them till 1974.
It was half-true of the Communists between 1984 and 1997, since their links to the rest
of the Left took the minimal form of second-ballot withdrawal agreements. More
importantly, it has been true of the extreme Right since its electoral breakthrough in
262 Transformations of the party system
1983–84. The ability of the FN to keep candidates in the running at second ballots was
the main reason for the drop in the number of straight contests between Left and
moderate Right in the parliamentary elections of the 1990s; its relatively poor first-
ballot performance in June 2002 explains the rise in the number of straight Left–Right
run-offs then. Whatever the position inside the National Assembly, a situation where, as
in 1993 (or at the first ballot of the 2002 presidential elections), one-third of those
voting supported forces outside the mainstream parties of government, it is hardly a
manifestation of perfect bipolarity.
Third, the French party system leaves some room for new entrants. The period since
1980 has seen four such new forces emerge. Two, or possibly three, promise to have a
significant long-term impact. CPNT affected the balance of power on four regional
councils after 1998, qualified for ‘relevance’ at the 1999 European elections with a score
of 6.8 per cent and exceeded the PCF score at the 2002 presidential elections, though its
record has been much less impressive since this high point. Philippe de Villiers’s
Mouvement pour la France has occupied a conservative, Eurosceptical niche for over a
decade and survived its brief, doomed merger with Charles Pasqua’s dissident Gaullists
as the Rassemblement pour la France between 1999 and 2000. The FN, with its 10–15
per cent of the vote, brought race, in the guise of the immigration issue, to the centre of
political debate, posed serious strategic difficulties for the mainstream Right and to a
lesser extent for the Left, and contributed at least partially to the mainstream Right’s
defeats in 1988 and 1997 – even before Le Pen’s surprise result of April 2002. Les Verts,
finally, contributed to the Left’s victory in 1997 and now appear as indispensable
partners in any future winning left-wing coalition.
Fourth, the French party system leaves some room for existing parties to split. The
Communists maintain an uneasy relationship with their own organised dissidents, half
in and half out of the party. The Socialists lost Jean-Pierre Chevènement and his
Mouvement des Citoyens after 1992. The UDF lost de Villiers in 1994, Démocratie
Libérale in 1998, and finally most of its Deputies and other elite groups, to the UMP in
2002. The RPR lost Pasqua to the Rassemblement pour la France. The FN suffered the
departure of Mégret to form the Mouvement National Républicain. Each of these
splits left room, at least for a limited period, for the original and the schismatic parties
to coexist.
France is therefore characterised both by a simple, bipolarised form of party com-
petition – within the National Assembly, or at the second ballots of (most) presidential
elections and of parliamentary elections in the great majority of constituencies – and by
an extremely untidy reality of parties on the ground. This Janus face of the French
party system is shaped by two opposed sets of dynamics. Party systems are determined
by the institutional framework; by the voters – both the composition of the electorate
and its relationship to parties and politics; and by the choices and strategies developed
by parties and candidates. On each of these dimensions, France has been pulled in
opposite directions.
Institutional dynamics
The institutions of the Fifth Republic secure a measure of bipolarisation in four
important respects. First, although the constitution, in limiting the second ballot of a
presidential election to the two leading candidates, does not quite enforce bipolarity (as
was made clear by the elimination of the left-wing candidates in 1969 and 2002), it at
Transformations of the party system 263
least strongly encourages it. Second, a parallel to the second rounds of presidential
elections is provided by the elimination from second ballots of parliamentary elections
of all candidates who have won less than the votes of 12.5 per cent of registered voters.
In each case the voter, having chosen freely at the first round, is firmly invited to vote for
the candidate (s)he finds least undesirable at the second.
This deserves close attention because the effect of the electoral law on the second
ballots of parliamentary elections is not merely arithmetical. Agreements between
parties lead to withdrawals by candidates who could legally stay in the race. Two sim-
plified hypothetical cases, each referring to a single constituency, illustrate how the two-
ballot system rewards alliances (Table 9.2) and penalises isolated parties (Table 9.3). In
the first example, four candidates are present, but only those on the Right have a sec-
ond-ballot withdrawal agreement. At the first round, both the Communist and the
Socialist candidate win more votes than either of the right-wingers. As none wins a first-
ballot majority, however, a second ballot is held, at which all candidates may be present
(each has won the votes of over 12.5 per cent of registered voters). But the candidate of
the non-Gaullist Right stands down in favour of his better-placed ally, leaving just three
candidates present at the run-off. At this second round no absolute majority is needed
to win, and the seat goes to the Gaullist, who has rallied the whole of the right-wing
vote (40 per cent) to his cause, rather than to the Communist or the Socialist – although
the Left as a whole has a clear arithmetical majority in the constituency. This type of
scenario provided a powerful incentive for the union of the Left from the 1960s.
Map 9.1 Presidential elections, 1974: Giscard d’Estaing, percentage of votes cast at second ballot
(overall result in metropolitan France: 50.67%).
the Right, the Left, or both. Their removal therefore had the potential to clear away
some of the obstacles to a straight confrontation between Left and Right – at least if
the politicians, who had been so ready to accentuate and dramatise political divisions
under the Fourth Republic (see Chapter 1), allowed them to.
An equally strong case, however, can be made for the Left–Right cleavage among
voters being undermined, especially since the 1980s, by developments within the elect-
orate. Paradoxically, although voters may still be willing to position themselves as
left-wing or right-wing, most have come to consider the distinction to be out of date.
Only 33 per cent of poll respondents had taken this view in 1981, against 43 per cent
who believed that Left and Right were still valid categories; by 1988 the figures were
48 per cent and 44 per cent respectively; in 1996, 62 per cent considered the distinction
was out of date, against 32 per cent who thought it still useful – and 70 per cent agreed
with the proposition that ‘whether it’s the Right or the Left in government, you always
get the same thing’. The transfer of first-ballot to second-ballot votes, though broadly
consistent with the Left–Right cleavage, is less so than in the 1970s, thanks largely to
the impact of the FN. That can be illustrated, at the simplest level, in the variations of
right-wing votes between first and second ballots. In the 1981 presidential election, the
Right’s total first-ballot vote was 49.3 per cent; Giscard’s total at the run-off was 48.2, a
drop of 1.1 per cent. Seven years later, Chirac, with 46 per cent at the run-off, dropped
4.9 per cent against the Right’s first-ballot vote; in 1995, his share of the second-round
vote, at 52.6 per cent, was 6.6 per cent lower than the Right’s first-round potential.
Survey results since the 1990s have also showed a blurring in the social bases of left-
wing and right-wing support. The religious variable, it is true, still operated; Chirac’s
270 Transformations of the party system
Map 9.2 Presidential elections, 1995: Chirac, percentage of votes cast at second ballot (overall
result in metropolitan France: 52.69%).
and Jospin’s votes at the second ballot in 1995 varied in direct proportion to the
frequency of religious practice. But because there are fewer practising Catholics (rather
fewer than 10 per cent of the adult population, against 40 per cent in 1945), religion
counts for less in the overall shaping of voting behaviour. And in almost every other
respect, old voting patterns had faded or even disappeared by the turn of the millen-
nium. The tendency of women, who only won the right to vote in 1944, to support
the Right had been considered as an immutable fact of electoral behaviour during the
post-war generation; Mitterrand would have become president in 1965 with an all-male
electorate. Yet this gender gap disappeared in the 1980s; in both 1988 and 1995, con-
tenders at the second ballots of presidential elections won almost identical levels of
support from men and women. Another gender gap had appeared in the meantime:
among far Right voters, men outnumber women in a ratio of about six to four.
The most striking changes, however, have concerned the pattern of class voting. Blue-
collar workers, among whom Mitterrand had exceeded his average vote by 20 per cent
in 1981, were much less solidly behind Jospin in 1995, when the gap was only 10 per cent
(with public-sector workers showing stronger left-wing support than those in the
private sector). At the first round in 2002, a mere 13 per cent of blue-collar workers
voted for Jospin. This was below Jospin’s overall vote (16.2 per cent), below his level of
support among professional and executive groups, no better than Chirac’s share of the
blue-collar vote, and barely half of Le Pen’s 24 per cent share in this group. Even at the
June 2002 parliamentary elections, when many electors reverted to bipolar patterns of
voting, 47 per cent of the blue-collar vote went to the Left (including the extreme
Transformations of the party system 271
groups), compared with the moderate Right’s 32 per cent and the far Right’s 16 per
cent (as well as 4 per cent for CPNT); the split among professionals and managers was
48 per cent for the Left, 42 per cent for the moderate Right and 9 per cent for the FN
and MNR. The difference between the two groups, in other words, lay less in the overall
shares of Left and Right than in the distribution of votes between moderate and
extreme Right. Among routine white-collar workers in June 2002, the Right as a whole
had a clear predominance: only 39 per cent voted for the left-wing parties, compared
with 38 per cent for the moderate Right and 20 per cent for the FN and the MNR. This
process of class dealignment does not mean that different social classes have begun to
vote in more or less the same way. Blue-collar workers, for example, are more likely than
other groups to abstain altogether, and to vote for the FN. Within broad class categor-
ies, there are also important differences: the left-wing vote has held up better among
blue-collar workers in the public than in the private sector, in large plants more than in
small firms, and in manufacturing more than in, say, the building trade. Nevertheless, a
rather clear tendency has emerged since the late 1980s: the Left can no longer count on
the allegiance of the blue-collar and white-collar working class as it broadly could over
the four post-war decades, but has won partial compensation in increased support
among professionals and managers, at the expense of the moderate Right. The result of
the 2005 referendum (Appendix 5) was a revelation in this respect. With 81 per cent of
blue-collar workers and 60 per cent of white-collar workers voting no, but 62 per cent
of professional and managerial groups voting yes, the class cleavage could be said to
correspond better to the divide over Europe – although it cuts across the Left–Right
division between existing parties – than to the Left–Right division itself.
Similarly, the geography of left-wing and right-wing support, though still recognisable,
has altered. Already from the 1970s the Left had been making inroads into the Catholic
west and east, as well as the traditionally conservative regions of Burgundy, Lower
Normandy and the Franche-Comté; this was evident in Mitterrand’s results in 1981
and, even more, in 1988. On the other hand, Mitterrand lost support after 1981 in
traditionally left-wing south-eastern départements. This development, even more pro-
nounced in 1995 than in 1988, represents the largest single divergence from the classic
Left–Right distribution observed in Map 9.1 which shows Giscard’s 1974 vote. The
statistical comparisons tell a similar story. Pierre Martin has shown how geographical
correlations between left-wing support in one presidential election and the next are
unusually low for the 1981–88 pair: 0.76, compared with 0.97 between 1974 and 1981,
for example, and 0.96 between 1988 and 1995. He cites this as evidence that a realign-
ment in French party politics, driven by the collapse of the PCF and the rise of the FN,
took place during Mitterrand’s first septennat. That explains some, though not all, of
the phenomena noted above: the drop in the Left’s share of the working-class vote, for
example, or the Right’s gains in the south-east, where the PCF had been strong, and the
FN became so.
In short, what had seemed, in the 1970s, as a pattern of support for Left and Right
that was fixed in terms both of voters’ opinions and of their electoral behaviour
came to appear much less settled. A growing number of voters, moreover, opted out
of the electoral process by abstaining or spoiling their ballots. At the six parliamentary
elections between 1958 and 1978, the proportion of abstentions and spoilt ballots only
once exceeded 30 per cent – in 1962, a year when voters had already gone to the polls at
two referenda. At the six parliamentary elections between 1981 and 2002, on the other
hand, the proportion of abstentions and spoilt ballots only once fell below 30 per cent
272 Transformations of the party system
(see Table 7.2); and that was in 1986. Although presidential elections offer a less striking
example, the proportion of abstentions and spoilt ballots at the second round in 1995,
at 25.1 per cent, was a record, aside from the exceptional case of 1969, when the absence
of a left-wing candidate at the run-off demobilised many voters. And the presidential
first ballot of 21 April 2002 saw abstentions plus spoilt ballots exceed 30 per cent for the
first time. Figures for municipal elections were comparable, while turnout at European
elections fell below 50 per cent for the first time in 1999, and dropped below 43 per cent
in 2004. Voting at the September 2000 referendum on the five-year presidential term
reached a record low of just 30.3 per cent.
Yet the willingness of the French to place their trust in the ballot box, however
diminished, might be considered high in the light of the growing disenchantment with
politics and politicians that they manifested in the 1980s and 1990s. Surveys revealed
that 64 per cent of respondents in 2000 believed that politicians were ‘generally corrupt’
(the figure had been 38 per cent in 1977); that 70 per cent considered that they person-
ally were ‘not well represented’ by a party or a political leader in 2000, compared with
half ten years earlier; that 81 per cent of respondents in 1997 (against 42 per cent in
1977) believed that politicians were ‘not concerned with what ordinary people thought’.
In a succession of polls since 1990, respondents asked to say which ideas they associate
with politics have cited ‘mistrust’ twice as often as ‘hope’ (‘boredom’ and ‘disgust’ are
also favoured choices). In this light, turnout at the referendum of 2005 – at 69.3 per
cent, the highest level at any referendum since 1969 – could be viewed as the exception
that proved the rule: the exceptional opportunity to give a resounding no to the consti-
tutional treaty, and through it to the full range of mainstream politicians, mobilised
unusual numbers of voters.
Two distinct though related phenomena, then, could be said to have weakened bipo-
larisation among voters since the 1980s: a generalised pessimism about politics, and a
weakening of Left–Right loyalties. Social developments can be plentifully cited to
explain both. The continuing decline of religious practice and the falling number of
blue-collar workers (but above all, the falling numbers of blue-collar workers employed
in big, unionised plants and identifying themselves as workers) helped to weaken
the two classic variables of religion and class in the determination of the vote. Both
pessimism and the desertion of old Left–Right loyalties were also furthered by mass
unemployment. With a brief pause in the late 1980s, joblessness rose relentlessly from
its 1981 rate of 7 per cent to 12.5 per cent in 1996; among under-25s, it was twice this
level. The fear of unemployment, according to poll data, affected 35 per cent of the
French in 1982, but 54 per cent in 1992. Even when the jobless total dipped between
1997 and 2001, voters gave politicians little credit for it; its renewed rise thereafter (it
topped 10 per cent in March 2005, for the first time in five years) produced renewed
levels of pessimism among voters. This perception of the failure of successive govern-
ments to deal with a problem that affected, directly or indirectly, as a reality or as a fear,
the majority of French households, was the single most important reason for the defeat
of successive incumbents since 1981 noted above. It also contributed powerfully to
the disenchantment with politics, especially when coupled with other developments
damaging to the image of parties and politicians, such as the corruption revelations of
the 1990s (themselves renewed, early in 2005, by a big trial on corrupt tendering for the
renovation of lycées in the Paris region and by a minor property scandal that forced
the resignation of Finance Minister Gaymard).
At the same time the political debate between Right and Left was disturbed by three
Transformations of the party system 273
new bundles of issues. The first of these was race and immigration, used briefly by the
Communists shortly before the 1981 presidential campaign and again by the main-
stream Right in some cities during the campaign for the 1983 municipal elections. From
1983 the race issue both fed and was fed by the rise of the FN; it was also linked by
the FN to the malaise of France’s 1960s high-rise estates, where the deterioration of the
built environment coincided with rising levels of crime (which rose by some 60 per cent
between 1981 and 1993) and unemployment. These were former Communist heartlands
in what had until recently been the ‘red belt’ suburbs of Paris and other cities; the
neighbourhoods bordering the estates now gave the FN some of its best results.
Researchers such as Nonna Mayer have shown how the 1980s and 1990s saw the emer-
gence of a distinct electorate whose political choices were shaped by ‘ethnocentrism’, a
combination of racist, nationalist and authoritarian views. The constitution of this
electorate is the strongest reason for scepticism about any possible disappearance of the
far Right from French politics, despite the tensions within the FN linked to the issue of
the succession to its leader.
The second group of issues related to what the American observer Ronald Inglehart
called the ‘Silent Revolution’, the rise of ‘post-materialist’ values among the more
educated citizens of the baby-boom generation which came of age just before or shortly
after May 1968. Such values included sexual tolerance, anti-racism, civil rights and the
defence of the environment. They not only provided a base – more modest in France
than in other European countries such as West Germany – for the rise of ecology
groupings; they also divided both Left and Right, to some degree, between liberals and
conservatives on societal questions.
Third, European integration emerged as a divisive issue as early as the enlargement
referendum of 1972. This reproduced, among voters, the division observed within the
National Assembly during the ratification votes on treaties during the Fourth Republic:
not Left versus Right, but the Centre against the extremes on both sides. Twenty years
later, the referendum of 1992 on the Maastricht Treaty saw how voters in one of
Western Europe’s two great old nation states began to doubt the wisdom of new
transfers of sovereignty. The supporters of every major party, especially the Gaullists,
split into pro- and anti-Maastricht camps. The 1992 referendum also served as a
catalyst for the alienation, noted above, of much of the blue- and white-collar working
class from the Left, and especially from the Socialists, who were strong supporters of
the treaty their president had negotiated. The referendum of 2005 on the European
constitutional treaty showed the potential of European questions to rekindle the
same divisions, giving a neat, if left-skewed, extremes-versus-Centre pattern of voting
(Appendix 5) and incidentally tearing the PS apart. It should be added that these three
bundles of new issues had plenty of space to develop. The economic differences between
Right and Left, which had turned in the 1970s on the very ownership of the heart of
France’s economy, had narrowed dramatically after the Left’s forced reconciliation
with capitalism from 1983: in the early twenty-first century a right-wing president
(Chirac) could insist on the need to preserve the French model of social protection,
while a left-wing finance minister (Fabius) could demand tax cuts.
From the late 1980s, the impact on the electorate of these changes in the political
debate led commentators such as Philippe Habert to discern the emergence of a ‘new
voter’, cut loose from old loyalties and inclined to behave as a consumer, voting on
particular issues and switching between parties from one election to the next. Other
observers were more inclined to stress the growing number of alienated voters, often
274 Transformations of the party system
with a minimal interest in politics but an increasing inclination to protest voting or
abstention. Three figures illustrate the growing gulf between the voters and political
representation in France. First, on 21 April 2002, the total ‘protest’ vote (for presiden-
tial candidates of far Left, far Right and CPNT), when added to the total number of
abstentions and spoilt ballots, reached 54.3 per cent of the total electorate. Second, the
‘protest’ parties, whose candidates had attracted a third of votes cast on 21 April, won
not a single seat in the National Assembly the following June. Third, while nearly 90 per
cent of France’s Deputies and Senators voted in favour of changes to the French
constitution occasioned by the European constitutional treaty in February 2005, 55 per
cent of France’s voters rejected the treaty itself three months later. Perhaps unsurpris-
ingly, the correlation between the protest vote in April 2002 and the no vote three years
later was rather high, at 0.725.
Concluding remarks
In each of these areas – institutions, developments among voters, and candidate
and party strategies – the party system of the Fifth Republic is underpinned by a
complex mixture of dynamics, some promoting coherence and bipolarity, others
furthering fragmentation. Bipolar multipartism is thus a finely balanced party system.
Since 1981, the balance has shifted from bipolarity towards multipartism. The intro-
duction of proportional representation at European and regional levels, the weakening
of older social cleavages of class and religion, the appearance of issues that cut across
the boundaries of Left and Right, the (usually unwitting) promotion of the FN by
mainstream politicians, all contributed to this. Many of the factors that contributed to
the upheavals of the 1980s and 1990s were lasting rather than contingent: proportional
representation at some elections, tensions over crime and race and divisions over
Europe. There are therefore no reasons to expect an early return to the almost fully
Transformations of the party system 277
bipolarised configuration of the 1970s; the results of the 2002 presidential election and
of the 2005 referendum offer ample evidence of that.
Nevertheless, the bipolar dynamic remains rooted enough in France’s institutions to
give a continuing structure to the whole system. So far at least, only the parties of
moderate Left and Right that form the core of the two big coalitions – PS, UMP and,
with some difficulty, the non-Gaullist moderate Right – have been able seriously to
aspire to the presidency; the second round of the 2002 presidential election, when
Chirac, an unpopular president especially on the Left, nevertheless won over 82 per
cent of the vote against Le Pen, is a good illustration of that. The parties of government
have also, since 1981, controlled at least 90 per cent of all seats in both the National
Assembly and the Senate, as well as the great majority of France’s départements, towns
and cities. If the Communists and the Greens chose to join the gauche plurielle, and
if first Bruno Mégret and more recently Marine Le Pen have sought to make the
Front National an acceptable partner for the mainstream Right, it is because the Fifth
Republic has offered a simple choice: either participation in one of two coalitions
aimed at the conquest and exercise of state power, or political marginalisation or at
best confinement to regional councils and the Strasbourg parliament. Some party
leaders and activists will always prefer purity and marginalisation. Parties that prosper,
however, will also attract others with an ambition to join the bipolar mainstream.
The bipolar dynamics discussed above, though much assailed, are therefore unlikely to
disappear altogether from France’s political system.
The conditions thus remain for the continued uncertain balance of bipolar multipart-
ism. But beyond the question of the party system lies the broader issue of the relationship
between the French and party politics. Developments such as the rise of abstentionism
and of protest voting, the drop in party membership, or the deterioration in the public’s
opinion of politicians (which had never been high in the first place) have led observers
such as Janine Mossuz-Lavau to argue that France since the early 1990s has been experi-
encing a political ‘crisis of representation’ of a similar gravity to the economic crisis.
This argument should be set in a wider context, in three ways. First, the level of
political mobilisation should not be confused with the health or stability of a political
system. Party membership and activism were never stronger than in the Popular Front
era of the 1930s, or in the five years after the Liberation; but the political climate was
close to one of civil war. Secondly, France is far from unique in experiencing wide-
ranging popular disenchantment with politics. A succession of comparative studies
indicates that a comparable malaise has affected developed democracies from the
United States to Italy and from Sweden to Japan. Third, whatever the difficulties of the
French (and other nations) with political parties, they do not extend to a general
disenchantment with democratic values. Successive polls suggest a vigorous attach-
ment, especially among the young, to the basic rights and processes of democracy, in
France and elsewhere. In France, the 2005 referendum expressed not only the public’s
alienation from the mainstream political system but also a concern that the political
process was escaping democratic control and that the constitutional treaty would
accelerate this tendency. With all of these caveats, however, it remains the case, in the
most basic sense, that French parties, and governments, represent the French less well
than in the recent past: the French say, in polls, that they do not feel represented, and
fewer of them vote for parties that aspire seriously to government. These tendencies
have survived Jospin’s promise of a ‘rehabilitation of politics’ after 1997, and Raffarin’s
of his concern for La France d’en bas.
278 Transformations of the party system
To the extent that political disenchantment is (even) more marked in France than in
other democracies, this may be ascribed to a variety of French exceptions: in particu-
lar, to the long-term weakness of French parties outlined in earlier chapters, or to the
collision between the unusually high expectations of politics that marked the first
alternance of 1981 and the measures that followed the economic U-turn of 1983. What
is certainly unique to France, however, is the institutional framework, outlined above,
into which the relationship of citizens to parties feeds. On one interpretation, the
framework provides both safety valves for protest parties (for example, the opportun-
ity to win seats at European or regional or municipal levels) and the near-certainty
that France will be governed by a clearly accountable majority with a clearly defined
and responsible opposition. On a less optimistic view, however, the institutional
framework in the context of wide-ranging disenchantment with parties has made
France unusually difficult to govern. Abstentions and votes for anti-system parties
mean that governments represent a declining proportion of the electorate, and thereby
find it harder to mobilise a consensus, or even a solid majority, behind difficult policy
decisions. As they lose popularity, the available scope for party fragmentation allows
ample room for outbidding. This is encouraged by the personalisation of politics at all
levels, from the presidency down. Personalisation offers plenty of scope for outbidding
within each coalition and even each party, and favours, even more than other political
systems, the presentation of politics as a contest for office between individuals rather
than a confrontation of programmes, contributing further to the alienation of voters
from the political process. The potential for fragmentation and outbidding further
limits the government’s freedom to manoeuvre and to reform, and it goes on to
lose the elections by disappointing its own supporters. The opposition wins office,
but more on the strength of a rejection of the opposite camp than on a positive
appreciation of its own merits, and a further cycle is opened, leading to further disap-
pointment, to a reinforced perception that there is nothing to choose between the
mainstream camps of Right and Left, and to renewed protest voting. From this point
of view, the result of 21 April 2002 was not an ‘accident’ resulting from the voters’
erroneous belief that they could afford to vote for minor candidates, because Jospin
and Chirac were certain to be present at the run-off of the presidential election; on the
contrary, it was a logical expression of the political system’s development, and could
readily recur.
Constitutionalists of a (usually) Gaullist bent have regularly warned, since 1969, of a
possible ‘return to the Fourth Republic’ – especially, but not exclusively, in times of
cohabitation, when a part of the executive power moves from the Élysée to Matignon.
This is perhaps to miss the point. The greater stability of the Fifth Republic has
rested as much on the emergence of stable parliamentary majorities, underpinned by
rejuvenated political parties, as it has on the new institutions. Stable majorities have not
disappeared (there is little suspense about the voting behaviour of individual Deputies
in the National Assembly), but part of their party underpinning has. Some familiar
traits of the Fourth Republic – the presence of anti-system parties, the habit of outbid-
ding – were visible in the Fifth in the early twenty-first century; but they appeared more
in the country than in the Chamber, and hampered policy-making rather than bringing
down governments. There is a sense in which this contemporary malaise is more
dangerous than that of half a century ago. It is less susceptible to institutional reform;
and the administration, often credited with holding France together through the Fourth
Republic, is now far less able to fulfil the same role.
Transformations of the party system 279
Further reading
For studies on individual parties and on the party system, see Chapters 7 and 8.
Bon, F. and Cheylan, J.-P., La France qui vote, Paris, Hachette, 1988.
Boy, D. and Mayer, N. (eds), L’électeur français en questions, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1990.
Boy, D. and Mayer, N. (eds), L’électeur a ses raisons, Paris, Presses de Sciences Po, 1997.
Bréchon, P., La France aux urnes: soixante ans d’histoire électorale, 4th edition, Paris, La
Documentation Française, 2004.
Broughton, D. and Donovan, M. (eds), Changing Party Systems in Western Europe, London,
Pinter, 1999.
Capdevielle, J., Dupoirier, E., Grunberg, G., Schweisguth, E. and Ysmal, C., France de gauche,
vote à droite, Paris, Presses de la Fondation Nationale des Sciences Politiques, 1981.
Cautrès, B. and Mayer, N. (eds), Le nouveau désordre électoral, Paris, Presses de Sciences Po,
2004.
Cole, A. and Campbell, P., French Electoral Systems and Elections since 1789, 3rd edition,
London, Pinter, 1988.
Dalton, R., Flanagan, S. and Beck, P. (eds), Electoral Change in Advanced Western Democracies:
Realignment or Dealignment?, Princeton, NJ, Princeton University Press, 1984.
Faux, E., Legrand, T. and Perez, G., La main droite de Dieu: enquête sur François Mitterrand et
l’extrême droite, Paris, Seuil, 1994.
Gaffney, J. (ed.), Political Parties and the European Union, London, Routledge, 1996.
Gaffney, J. (ed.), The French Presidential and Legislative Elections of 2002, Aldershot, Ashgate,
2004.
Grunberg, G., Mayer, N. and Sniderman, P. (eds.), La démocratie à l’épreuve: une nouvelle
approche de l’opinion des Français, Paris, Presses de Sciences Po, 2002.
Habert, P., Perrineau, P. and Ysmal, C. (eds), Le vote éclaté: les élections régionales et cantonales
des 22 et 29 mars 1992, Paris, Presses de la Fondation Nationale des Sciences Politiques, 1992.
Habert, P., Perrineau, P. and Ysmal, C. (eds), Le vote sanction: les élections législatives des 21 et 28
mars 1993, Paris, Presses de la Fondation Nationale des Sciences Politiques, 1993.
Lancelot, A. (ed.), 1981, les élections de l’alternance, Paris, Presses de la Fondation Nationale des
Sciences Politiques, 1986.
Lancelot, A., Les élections sous la Cinquième République, 3rd edition, Paris, Presses Universitaires
de France, 1998.
Lewis-Beck, M. (ed.), How France Votes, New York, Chatham House, 2000.
Lewis-Beck, M. (ed.), The French Voter: Before and After the 2002 Elections, Basingstoke, Palgrave
Macmillan, 2003.
Leyrit, C., Les partis politiques: indispensables et contestés, Paris, Marabout, 1997.
Mair, P. and Smith, G. (eds), Understanding Party System Change in Western Europe, London,
Frank Cass, 1990.
Martin, P., Comprendre les évolutions électorales, Paris, Presses de Sciences Po, 2000.
Mayer, N. and Perrineau, P., Les comportements politiques, Paris, Armand Colin, 1992.
Michelat, G. and Simon, M., Classe, religion, et comportement politique, Paris, Presses de la
Fondation Nationale des Sciences Politiques, 1977.
Michelat, G. and Simon, M., Les ouvriers et la politique: Permanence, ruptures, réalignements,
Paris, Presses de Sciences Po, 2004.
Mossuz-Lavau, J., Les Français et la politique, Paris, Odile Jacob, 1994.
Penniman, H. (ed.), France at the Polls: The Presidential Election of 1974, Washington, DC,
American Enterprise Institute, 1978.
Penniman, H. (ed.), The French National Assembly Elections of 1978, Washington, DC, American
Enterprise Institute, 1980.
280 Transformations of the party system
Perrineau, P. (ed.), L’engagement politique: déclin ou mutation?, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1994.
Perrineau, P. and Ysmal, C. (eds), Le vote de crise: l’élection présidentielle de 1995, Paris, Presses
de Sciences Po, 1995.
Perrineau, P. and Ysmal, C. (eds), Le vote surprise: les élections législatives des 25 mai et 1er juin
1997, Paris, Presses de Sciences Po, 1998.
Perrineau, P. and Ysmal, C. (eds), Le vote de tous les refus: les élections présidentielle et législatives
de 2002, Paris, Presses de Sciences Po, 2003.
Pharr, S. and Putnam, R. (eds), Disaffected Democracies: What’s Troubling the Trilateral
Countries?, Princeton, NJ, Princeton University Press, 2000.
Salmon, Frédéric, Atlas électoral de la France, 1848–2001, Paris, Seuil, 2001.
Sartori, G., Parties and Party Systems: A Framework for Analysis, Cambridge, Cambridge
University Press, 1976.
Williams, P., Crisis and Compromise: Politics in the Fourth Republic, London, Longmans, 1964.
The prime target of Jacques Chirac’s 1995 presidential campaign was what he called a
‘technostructure’, which had ‘confiscated power’ in France and ‘co-opted its members
onto the shifting frontiers of the civil service, ministerial cabinets, and major public and
private firms’. Behaving ‘like a fashionable club, out of touch with reality’, it paralysed
France with a ‘single mindset’ (la pensée unique) favouring orthodoxy over creativity,
safety over enterprise, budgetary balances over jobs. This was both a barely veiled
attack on his arch-rival Édouard Balladur and an echo of his own political mentor
Georges Pompidou, who a generation earlier had added his voice to a chorus of protest
against the ‘arrogant and inhuman dictatorship’ of the administration.
On the face of it, Chirac seemed to be tapping into widely felt resentments. A
SOFRES survey in September 1999, for example, found that only 20 per cent of
respondents considered that the state ‘acted in the general interest’; just 8 per cent
considered the state ‘effective’; 12 per cent thought it ‘just’. The share of GDP spent by
the state in France (including the social security system and local authorities) averaged
53.3 per cent from 1987 to 2003. The figure for 2003 (54.5 per cent) was financed by
borrowing (4.1 per cent of GDP), non-tax receipts (4.4 per cent), but above all by taxes
(46 per cent of GDP, up from 35 per cent in 1970). Within the EU15, such figures are
only exceeded in Belgium, Austria and Scandinavia; even such relatively high-spending
countries as Germany, Italy or the Netherlands are some 2–3 points below the French
level; the UK is lower by 7–8 points. And over 40 per cent of public spending is
accounted for by the wages and salaries of France’s public servants. Their number
amounted to some 6 million in 2003, or a nearly a quarter of all employment in France
(compared with 14 per cent in the UK): 2.5 million for central government (up from
1.75 million in 1975), 1.4 million for local and regional authorities, 860,000 for France’s
public hospitals and other health services, and a further 1.2 million in quasi-public
services with public-employee status such as energy (Électricité de France–Gaz de
France), rail (SNCF) or telecoms. It has been estimated that 57 per cent of the French
either work for the state, broadly construed, or are the spouse, child, or parent of
someone who does.
282 The administration
Not only do France’s civil servants (aside from a significant minority on short-term
contracts) enjoy near-total job security, much envied at a time of high unemployment;
at the very highest levels they have also enjoyed a unique range of opportunities to
colonise the worlds of both business and politics (Chirac himself being a prime
example of the latter). Yet there is no consensus for ‘rolling back the state’. The same
September 1999 poll found clear majorities of respondents claiming that the state ‘did
not intervene enough’ in a wide variety of sectors, including the economy (53 per cent),
employment (80 per cent), education (65 per cent) and agriculture (55 per cent). Surveys
in 1995 showed that a general view (73 per cent) of ‘the state’ as remote did not prevent
a positive appreciation (63 per cent) of the notion of ‘public services’ in general, or
clear majority satisfaction with the performance of key services such as health and
education, the post or the rail network. Agreement or dissent with the view that ‘the
number of civil servants should be reduced’ was one of the clearest separators of left-
wing and right-wing voters in April 2002, but a substantial minority (roughly 40 per
cent) of right-wing supporters still disagreed with the proposition. When Chirac’s first
finance minister, the free-market-minded Alain Madelin, dared to suggest that there
was ‘surplus fat’ to be cut away from France’s administration and public services, he
was soon sacked; his presidential bid in 2002, built on a neo-liberal platform, was
rewarded with 1.1 million votes – under 4 per cent. There is a striking contrast between
public reactions to Britain’s public-sector strikes of early 1979, which helped ensure
both Margaret Thatcher’s election victory of May that year and widespread support
for her subsequent attacks on trade unions and on the public sector generally, and the
French experience of late 1995, when striking public-sector workers retained the sym-
pathy of a majority of the population. If there is a consensus about the French state, it
is neither favourable nor hostile, but schizophrenic.
These ambiguous relations of the French with their state, their administration and
their public services have been shaped by two main elements. The first has been the
persistent tension between the state’s mythical status as the impartial embodiment
of the nation through successive régimes, as the guarantor of the equality dear to
republican values, and, more recently, as an agent of national regeneration during
the trente glorieuses (issues discussed in Chapter 1), and the messy reality, daily
encountered, of an unwieldy bureaucracy that appears neither impartial nor particu-
larly rational. Secondly, the challenges posed to the French model both from without
(Europeanisation and globalisation) and from within (budgetary constraints) have
raised the stakes, prompting attempts to safeguard the ‘French exception’ at all costs, or
to reform and adapt, or to accelerate liberalisation. It should be added, finally, that ‘the
administration’ in France, even more than elsewhere, consists of two radically different
universes: on the one hand, the vast majority of lower-level public employees, rule-
bound, geographically and professionally rather immobile, and often provincial; on the
other, the small policy-making and policy-influencing minority of perhaps 8,000
women and (mostly) men at the peak of the civil service, largely Parisian (but with
increasingly European and international horizons), enjoying considerable freedom to
move between the administration proper, ministerial cabinets, business and politics.
An omnipotent administration?
That the administration, especially at its high tide, was powerful, few doubted; that
links between the nation’s elites were unhealthily close, many conceded; but the
omnipotence implied in such expressions as L’administration au pouvoir or La Répub-
lique des fonctionnaires was (and is) open to question. It was so for four reasons: the
propensity of civil servants to leave the administration proper; the determination of the
founders of the Fifth Republic to subordinate the administration to politics; the deep
internal divisions within the administration; and the administration’s apparent inability
to perform some of its most basic tasks.
290 The administration
The propensity of civil servants to leave the administration
The corollary of their colonisation of the worlds of business and politics is that
civil servants readily desert their jobs as civil servants. In 1968, for example, a young
inspecteur des finances would stay an average of sixteen years in the administration
proper (the period halved in the ensuing generation: it is now not unusual to leave at
30). This eagerness to depart, among the cream of France’s administrative elites,
denotes either a habit of collective self-abnegation without parallel in French history or
a realisation that greater rewards, more power, or both, may be found outside. The
switch to business is easily comprehensible on financial grounds. Politics, on the other
hand, offered no such material advantages: its attractiveness suggests that civil servants
saw it as offering opportunities for the exercise of power that the administration lacked.
For such individuals, a return to the administration was rarely an upward move: it was
more likely to result from a political setback, and to precede either a further move
outside, or retirement.
The myth of the French administration’s omnipotence at high tide is fairly easy to
understand. It attracted the ablest men (and a few – too few – women) of their gener-
ation. It contributed to France’s impressive and (relatively) painless post-war mutation
from a predominantly agricultural and rural to a largely urban and industrial society. It
spread outwards to the worlds of business and politics, constituting the centre of a
remarkable network or, rather, a series of interlocking networks. In some respects,
though, it was a giant with feet of clay. It was constrained by politicians, on whose
initiative the civil servants usually depended. It was divided, uncoordinated, deeply
attached to precedent and at times staggeringly inefficient in delivering services. In the
cases of several individual ministries, it was dominated and colonised by strategically
placed interest groups. It could obstruct, but rarely initiated. It was perhaps the gulf
between the administration’s potential and alleged power and its effective power that
contributed to a malaise in its ranks that was clearly apparent by the 1970s. The eco-
nomic changes that followed widened the gulf, presented the administration with
unaccustomed challenges and deepened the malaise.
A shrinking state
Within a decade or so of its Gaullist apogee, in short, the French state was undermined,
from within by the conduct of some of its own servants and from without by a bizarre
combination of global corporations, intergovernmental organisations, Eurocrats,
right-wing zealots, left-wing mayors, Socialist intellectuals, eco-activists and others. Its
contours changed as a result, in six ways.
The elite
The decision of the Chirac government in 1986 to cut the following year’s intake to
ÉNA by half, to about fifty, appeared to signal a long-term reduction in the size, if
not the role, of the top-level administration. But the change was reversed after 1988.
The Cresson government’s attempt to move ÉNA physically from Paris to Strasbourg
was fiercely resisted, with the result that the school was split between the two cities – a
messy and expensive compromise that lasted some fifteen years before the final move to
Strasbourg was made. More radical proposals, for example to cut the automatic links
between ÉNA, Polytechnique and senior administrative posts, have not been adopted.
Nor are they very likely to be, given the strength of the two schools’ networks. The
French administrative elite remains highly resilient: though it has faced significant
challenges, its members have also sought to adapt by conquering positions in new
domains.
The classic cursus honorum of a high-flying énarque in the early Fifth Republic – a
ministerial cabinet followed by entry into politics or private business – still exists but is
less typical than formerly. Ministerial cabinets have opened up somewhat to the rest of
society: since 1984 only 80 per cent of their members have been from the public sector
in its widest sense, compared with over 90 per cent between 1958 and 1972, and over
85 per cent under earlier republics. The proportion of cabinets occupied by members of
the grands corps has declined more sharply, from 34 per cent between 1958 and 1972 to
16 per cent between 1984 and 1996 (though they still supplied nearly half of all direct-
eurs de cabinet). The prefectoral corps and the Inspection des finances have been par-
ticularly inclined to disengage, though the phenomenon has extended to the Conseil
d’État and the Cour des Comptes. The difficulty experienced by Laurent Fabius in
302 The administration
recruiting a suitable ‘dircab’ on his appointment as finance minister in March 2000
testifies to the relative loss of attractiveness of these positions. In the National
Assembly, while the public sector generally is still over-represented (at 46 per cent of
Deputies in 1997, and 35 per cent in 2002), roughly half their number consisted of
teachers. Only 6.4 per cent of the 1997 Assembly, and 5.9 per cent in 2002, were
énarques, only 4 per cent from the grands corps – a figure that had fallen steadily from
14 per cent in 1978, 11 per cent in 1981, 13 per cent in 1986, 10 per cent in 1988 and
8.6 per cent in 1993. By way of comparison, some 45 per cent of 1997 Deputies had a
background in industry, banking or the liberal professions. Only the administration’s
colonisation of the government appeared undiminished. The three prime ministers who
governed from 1993 to 2002 were all énarques: Balladur a conseiller d’État, Juppé an
inspecteur des finances, Jospin a member of the diplomatic corps. Raffarin, it is true, has
a business education and worked as as marketing executive for Cafés Jacques Vabre; but
he compensated for this by appointing nearly a third of his ministers from a civil service
background, including énarques such as Renaud Dutreil, Dominique Perben, Hervé
Gaymard, Henri Plagnol, Pierre-André Wiltzer and Jean-François Copé, as well as
Dominique de Villepin. The appointment of Villepin, another énarque and diplomat,
to succeed Raffarin in 2005 was a return to the dominant tradition.
At the same time the stability of senior jobs within the ministries diminished with the
increasing regularity of alternances: 83 per cent of directeurs d’administration centrale
changed in 1986–87, 46 per cent in 1988–89, 56 per cent in 1993–94, 43 per cent in
1995–96. As the requirements of the administration became more politicised, some
senior civil servants sought to diversify their activities. A good example of this is the
European Union, which members of the grands corps have seen as an opportunity and a
challenge as much as a constraint since the mid-1980s. The challenge may be seen as
one of gaining as much control as possible over the definition of France’s policies in
Europe; over the elaboration of European policies in Brussels; and over the implemen-
tation of European decisions and directives in France. It entails the representation of
the corps not only on the SGAE, within France, but also within the European adminis-
tration. Hence the contributions of inspecteurs des finances to European decisions on
banking and single currency issues, as well as to European audit processes; of ingénieurs
des ponts et chaussées to transport policies, of ingénieurs des mines to environmental
policy, of prefects to ‘Schengen’ regulations on immigration and frontiers, of conseillers
d’État to the work of the European Court of Justice. Luc Rouban observes that the
French administration has acquired a European reach; that it has understood the
potential importance for French industry of the definition of European product norms;
and that these activities have placed it in a strategic relationship with French firms,
many of which have been only dimly aware of the significance for their activities of
decisions taken in Brussels.
A further avenue is business, which has become, if anything, more attractive to senior
civil servants since the first wave of privatisations. Four phenomena encouraged this.
First, private-sector pay outstripped that of the civil service by increasingly spectacular
margins from the 1980s (indeed, according to one estimate, senior civil servants’ pur-
chasing power dropped 14 per cent in the fifteen years after 1982). Second, the content
of ÉNA courses was increasingly oriented towards private business, leading experts like
Michel Bauer to ask if ÉNA had not simply become a business school. Third, once
privatised, firms were less likely to ‘parachute’ civil servants without business experience
into their very top management positions; there was an incentive to acquire that
The administration 303
experience at somewhat lower levels. Fourth, this incentive to leave from lower levels
was reinforced, from 1995, by new restrictions placed on more senior civil servants
moving to private business in cases where conflicts of interest might result. In 1980, the
proportion of énarques of any given year who had worked in a firm was between 15 and
20 per cent; ten years later, the proportion was between 25 and 35 per cent. Whereas a
young inspecteur des finances in 1968 could expect to stay sixteen years on average in his
or her administration, this period had dropped to seven years by 1994.
The visibility of senior civil servants at the head of publicly owned, soon-to-be-
privatised, or privatised businesses has become more pronounced since the 1980s
because of the number of individuals involved; because the firms involved, even when
they are still in the public sector, can no longer be viewed as extensions of the state;
because their integration into the world economy gives their heads an international
profile; and because some have been involved in spectacular crashes, with more than a
scent, in some cases, of corruption.
Of the boards of major French groups in 2000, 45 per cent (rising to 71 per cent
for Société Générale, 80 per cent for Elf and 100 per cent for Vivendi), were polytech-
niciens or énarques; of the 290 inspecteurs des finances in 2002, 122 had senior positions
in the private sector. Some of these have performed respectably: Michel Pébereau
(BNP-Paribas), Daniel Bouton (Société Générale), Louis Schweitzer (Renault), Henri
de Castries (Axa insurance), Jean-Marc Espalioux (Accor hotels), or Marc Tessier
(France-Télévisions) have turned in honourable results for their firms, and sometimes
better (though it is noticeable that no French banks are among the world’s top ten).
Others, especially inspecteurs des finances, did spectacularly less well. François
Heilbronner lost 6 billion euros for the GAN insurance group between 1986 and 1994,
Chirac’s school friend Jacques Friedmann a more modest 300 million euros at UAP
from 1993 to 1997 (UAP was then taken over by Axa). Georges Bonin lost 1.7 billion
euros as the head of the Crédit Foncier de France (the bank was a casualty of the
liberalisation of the economy, since over decades it had lived from commissions on
state aids distributed, but Bonin had done little to end the extreme archaism of its
management). These losses were dwarfed, in the mid-1990s, by the crash of Haberer’s
still-nationalised Crédit Lyonnais, which only survived thanks to three salvage plans
and contributions from the taxpayer totalling 16 billion euros. Michel Bon resigned
from France-Télécom in November 2002 leaving a deficit of 20.7 billion euros (the
equivalent of the total state budget for housing, infrastructure and transport), a total
debt of 70 billion euros and a share value which had fallen from 27.7 euros at the firm’s
partial flotation in 1997 to 6 euros in September 2002. The same autumn saw the
departure of Jean-Marie Messier, an inspecteur des finances who had discovered the
virtues of capitalism when handling privatisations in Balladur’s cabinet in the 1980s,
from the water-to-media group Vivendi Universal, leaving 60 billion euros of debt and
shares which had also lost three-quarters of their value. Six months later, Pierre Bilger
left the heavy engineering firm Alstom; its shares, valued at 31.25 euros when floated in
1988, were selling at 1.5 euros in March 2003.
This succession of failures not only demonstrated that inspecteurs des finances were
not always very good at business (significantly, almost no non-French firms hire them),
but also raised questions about collusion within the French elite. Thus Jean-Yves
Haberer and the officials in the Bank of France and the Treasury division of the
Finance Ministry who should have monitored his activities at Crédit Lyonnais more
closely were all inspecteurs des finances who had previously worked closely together at
304 The administration
the Trésor division of the Finance Ministry. Thus, too, the Commission des Opérations
en Bourse (an inspection preserve since 1984) failed to observe that Messier was illegally
using money earmarked for investments in public water concessions to cover losses on
property deals. Such episodes occasionally led to the courts: in 2002, one inspecteur des
finances in eight was involved in a judicial investigation of some sort. These events,
however, are in some ways of secondary importance next to what was perhaps the most
disturbing of all French scandals of the 1990s, involving the (formerly) state-owned oil
company Elf and a complex web of corruption, money-laundering and political fixing
that drew in Elf managers, senior civil servants, French politicians of both Right and
Left, and African heads of state. Elf’s unfinished business was still dragging through the
French courts in 2005. Both this and the Crédit Lyonnais episode went some way to
delegitimising the interlocking elites formerly identified with the successes of the post-
war interventionist model; by 1995, 40 per cent of respondents to one SOFRES survey
considered that France’s elites were ‘totally bankrupt’.
The adventures in the private sector of senior civil servants, especially the elite of the
elite, should not obscure the fact that most – 81 per cent of the 5,000 or so énarques
active in 1999 – continued to serve the state. But if part, at least, of the administrative
elite was increasingly seduced by the charms of managing the private sector, it proved
comparatively immune to the attractions of management within the administration
itself; indeed, management per se is not a skill imparted at ÉNA. Luc Rouban’s
research into the attitudes of civil servants towards the adoption, within the administra-
tion, of skills imported from the private sector has shown that members of the grands
corps were the most likely to be indifferent or even hostile to such changes and to see
them as irrelevant to administrative skills and norms built up over decades or centuries.
That lack of interest at the top goes some way to explain the slow pace of change,
despite a rapidly changing context, in the ranks of the administration.
Concluding remarks
Élie Cohen has argued that France’s industrial decline from the mid-1970s on derived
partly from the fact that economic tools that had served the nation well during the
trente glorieuses – grands projets, dirigisme, a permanent tax on savings through infla-
tion, periodic devaluations – became useless, indeed positive handicaps, in a changed
economic environment. A comparable argument could be attempted for the administra-
tion and the public services. As France, with its long history of political instability and
conflict, underwent a period of unprecedented social transformation during the trente
glorieuses, their contribution to the nation’s cohesion was remarkable. Education
offered upward social mobility for many (some of whom would realise that mobility
within the public sector itself). A formerly rural population was housed in towns (with
The administration 309
some delay) and given access to an unprecedented array of public services. Growing
private affluence was matched, on the whole, with rising standards in such areas as
public transport or health or cultural facilities. A technocratic elite enjoyed undeniable
social prestige and significant political power thanks both to traditions stretching back
to the ancien régime and Napoleon and to a more recent record of success.
The mission of national cohesion has been less obviously well performed in the more
difficult times since the mid-1970s. Three failures stand out. First, neither the education
system – despite its expansion – nor the administration provide the same opportunities
for social mobility: at the outset of the twenty-first century, adult illiteracy stood at
12 per cent, 160,000 unqualified men and women were entering the labour market every
year, youth unemployment stood at 26 per cent and poverty among young people at
17 per cent. An underfunded university system continues to fail half its annual intake at
the end of their first year of studies – and even after such a ferocious weed-out, still
produces graduates whom employers do not rush to hire. The administration itself
recruits overqualified staff, who block the opportunities available to those of more
modest educational achievement. Second, the desperate state of many of France’s
suburban public housing estates, where many public services operate with extreme
difficulty or not at all, bear witness both to the longer-term costs of quick remedies to
the post-war housing crisis and to the failure of public action to remedy the equally
striking failures of the market. Third, both elite and rank-and-file public servants have
suffered a more or less severe crisis of identity. For the elite, this has been linked to
politicisation and the effects of alternation in power; to the very much more uncertain
role of a grand commis de l’État in an open liberal economy and an integrated Europe;
and to the corrosive effects of scandals in which senior public servants have appeared as
self-interested, cliquish, incompetent and immune to sanction. The rank and file, accus-
tomed to the simple delivery of services in conditions defined either unilaterally by the
state or in liaison with a single client group, faced a new range of demands relating to
quality of service, relations with user groups and efficiency – and in a context of
budgetary uncertainty. The periodic calls from (mostly but not exclusively right-wing)
experts and politicians for a reduction in the number of public servants may appear as
positively insulting to the hard-pressed suburban schoolteacher, the nurse in a Parisian
casualty ward, or the employee of a rail network which has lost two-thirds of its staff in
fifty years. In this context, the defence of avantages acquis – the particular terms of
employment that make life more tolerable for specific groups of public servants – may
acquire the status of a struggle to protect public services generally, or even the Republic
itself. That link was made particularly strongly during the campaign for the 2005 refer-
endum on the European constitutional treaty, considered by its opponents to represent
a direct threat to the French public-service tradition.
Not that the ‘output’ of France’s administration and public services is particularly
poor. In many ways and in many contexts they prevent public squalor from coexisting
with private affluence. They often offer standards of medical care and public transport
that can make their English counterparts appear barely civilised. The French remain
attached to the public services they encounter from day to day, even when they consider
that abstractions such as ‘the state’ or ‘the administration’ do not always operate in
their interests. France still provides one of Europe’s ablest groups of top civil servants.
But France’s public sector is capable of slipping. The death of fully 15,000 old people,
many of them in the care of public retirement homes, in the summer heatwave of 2003
cast a shadow over the reputation of France’s health system (as well as triggering a dive
310 The administration
in the Raffarin government’s ratings from which it never recovered). And it is increas-
ingly expensive: one report by the Commissariat au Plan in 1999 claimed that by 2015
an extra 26 billion euros would have to be found annually simply to cover future
pensions plus the long-term costs of the Crédit Lyonnais and SNCF debts. This limits
the room both for tax cuts (promised but massively underdelivered by Chirac after
2002) and for improvements in funding for priority areas such as research.
Private-sector methods are not invariably appropriate for public services. But it is
clear that the size and structure of France’s administration and public services are
and will remain a pressing policy issue. Large-scale and productive (and accepted)
public-sector reform appears, however, to demand an unusual window of opportunity:
an election-free political outlook; strong economic growth to release the extra funding
necessary to ease any transition; widespread public agreement on the necessity of
reforms; as well as the co-operation both of the civil service elite and of the rank-and-
file unions. This seems an unlikely prospect. But the early twenty-first century appears
to offer as good a chance for renewal as any – not least because nearly half of all the
state’s employees are due to retire by 2015. Whether this opportunity can be used
productively will be a major stake both of Chirac’s presidency and of his successor’s.
No domestic issue is likely to be more important for French governments of the early
twenty-first century; and none will be more pregnant with political dangers.
Further reading
Armstrong, J., The European Administrative Elite, Princeton, NJ, Princeton University Press, 1973.
Birnbaum, P., Les sommets de l’État: essai sur l’elite du pouvoir en France, Paris, Seuil, 1977.
Bodiguel, J.-L. and Rouban, L., Le fonctionnaire détrôné?, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1991.
Bourdieu, P., La noblesse d’État: grandes écoles et esprit de corps, Paris, Éditions de Minuit, 1987.
Brachet, P., Du commandement au management: l’administration française entre souveraineté et
service public, Paris, Publisud, 1995.
Chagnollaud, D., Le premier des ordres. Les hauts fonctionnaires, XVIIIe–XXe siècles, Paris,
Fayard, 1991.
Chaty, L., L’administration face au management: projets de service et centres de responsabilité dans
l’administration française, Paris, L’Harmattan, 1997.
Cohen, E., L’état brancardier: politiques du déclin industriel (1974–1984), Paris, Calmann-Lévy,
1989.
Cole, A., ‘The Service Public under stress’, West European Politics, 22(4), October 1999,
pp. 166–84.
Cour des Comptes, La fonction publique de l’État: Rapport public particulier, Paris, Les éditions
des Journaux officiels, 1999.
de Baecque, F. and Quermonne, J.-L. (eds), Administration et politique sous la Cinquième
République, Paris, Presses de la Fondation Nationale des Sciences Politiques, 1981.
Duhamel, O., ‘Les Français et l’État’, in SOFRES, L’état de l’opinion 2000, Paris, Seuil, 2000,
pp. 137–44.
Dupuy, F. and Thoenig, J.-C., L’administration en miettes, Paris, Fayard, 1995.
Esprit, no. 236, October 1997, ‘Les elites de la République sur la sellette’.
Fauroux, R. and Spitz, B. (eds), Notre État, Paris, Robert Laffont, 2001.
Fauroux, R. and Spitz, B. (eds), État d’Urgence, Paris, Robert Laffont, 2004.
Gohin, O., Institutions administratives, 3rd edition, Paris, Librairie Générale du Droit et de la
Jurisprudence, 1998.
Julliard, J., La faute aux elites, Paris, Gallimard, 1997.
The administration 311
Kessler, M.-C., Les grands corps de l’État, Paris, Presses de la Fondation Nationale des Sciences
Politiques, 1986.
Olivennes, D., ‘Les Français et l’État’, in SOFRES, L’état de l’opinion 1997, Paris, Seuil, 1997,
pp. 149–59.
Ottenheimer, G., Les intouchables: grandeur et décadence d’une caste: l’Inspection des finances,
Paris, Albin Michel, 2004.
Pfister, T., La république des fonctionnaires, Paris, Seuil, 1990.
Pouvoirs, no. 40, 1987, ‘Des fonctionnaires politisés?’; no. 53, 1990, ‘Le ministère des Finances’.
Rainaud, J.-M., La crise du service public français, Paris, Presses Universitaires de France, 1999.
Rey, H., La peur des banlieues, Paris, Presses de Sciences Po, 1996.
Rouban, L., Le pouvoir anonyme: les mutations de l’État à la française, Paris, Presses de la
Fondation Nationale des Sciences Politiques, 1994.
Rouban, L., ‘Les énarques en cabinets, 1984–1996’, Cahiers du CEVIPOF, 17, Paris, 1997.
Rouban, L., La fin des technocrates?, Paris, Presses de Sciences Po, 1997.
Rouban, L., The French Civil Service, Paris, La Documentation Française, 1998.
Rouban, L., ‘La politisation des fonctionnaires en France: Obstacle ou nécessité?’, Revue
française d’administration publique, no. 86, April–June 1998, pp. 167–82.
Sadran, P., Le système administratif français, Paris, Montchrestien, 1992.
Schifres, M., La désertion des énarques: du pantouflage en République, Paris, Stock, 1999.
Schrameck, O., Les cabinets ministériels, Paris, Dalloz, 1995.
Suleiman, E., Politics, Power and Bureaucracy in France: The Administrative Elite, Princeton, NJ,
Princeton University Press, 1974.
Suleiman, E., Elites in French Society: The Politics of Survival, Princeton, NJ, Princeton
University Press, 1978.
Suleiman, E., Les ressorts cachés de la réussite française, Paris, Seuil, 1995.
Suleiman, E. and Mendras, H. (eds), Le recrutement des elites en Europe, Paris, La Découverte,
1995.
Thomas, Y., Histoire de l’administration, Paris, La Découverte, 1995.
11 The state and the pressure groups
The political culture of Jacobinism, as inherited from the French Revolution, has even
less use for interest groups than for parties. Jacobins opposed the narrow, ‘particular’
(and inevitably selfish) interests represented by the groups to the ‘general interest’ which
only the state could incarnate. The Le Chapelier Law of 1791, whose effective ban on
such organisations as trade unions was confirmed in 1810 by Napoleon’s penal code,
was the legislative expression of the Jacobin view (Napoleon’s code also helpfully
banned gatherings of over twenty people). It was a view that contrasted with those of
the more liberal ‘Anglo-Saxons’, less ready to attribute god-like qualities to the state
and more inclined to limit its role to holding the ring between competing private inter-
ests whose social role was viewed as broadly beneficial. Even the much more liberal laws
of 1884 and 1901, which conceded the principle of freedom of association, placed
groups firmly within a framework defined by the state. The smallest club de pétanque
still refers to itself as an Association loi 1901, while larger groups may apply to the
Conseil d’État for the privileges associated with being recognised as d’utilité publique.
Not that government in France has remained impervious to the blandishments of
well-organised interests. Under the Fourth Republic, for example, the home distillers’
association was blamed for its energetic (and successful) defence of its members’ right
to destroy the livers of thousands of alcoholic French people each year, while the
powerful colonial lobby was certainly guilty of encouraging the régime’s more viciously
inept policies and of obstructing the more enlightened ones in Indo-China and North
Africa. In the light of these experiences, it was logical that as De Gaulle and Debré set
out to ‘restore the state’ after 1958, they should make a point of affirming the Fifth
Republic’s independence from the ‘feudal forces’ which, in Debré’s view, had colonised
the Fourth: a law to phase out home distilling was passed as early as 1959. De Gaulle
rejected any claim of groups to determine policy, on the ground that even the most
representative of them ‘is nevertheless, from the legal point of view, bereft of authority
and political responsibility’ – unlike the state, which is ‘an instrument of decision,
The state and the pressure groups 313
action, ambition, expressing and serving only the national interest’. At the same time,
as numerous events showed (notably his reinforcement of the the Fourth Republic’s
Conseil Économique as the Conseil Économique et Social, and his ill-fated attempt
to incorporate this body into a reformed upper chamber of parliament in the 1969
referendum), he readily conceded the right of groups to be consulted.
In doing so, de Gaulle was acknowledging that some form of exchange between
groups and the state is essential to the working of a modern democracy. Groups look to
government to provide a variety of goods: direct material benefits (subsidies for farmers
or miners, pay rises for teachers, or protection or tax breaks for business); non-material
policy benefits which may have substantial material consequences (such as rights at the
workplace for unions, or tighter or looser regulation of health and safety, or competi-
tion, or environmental practices); or (what is normally a precondition for the other two)
simple recognition as a valid interlocutor. Successful groups also, however, offer some-
thing in exchange. Businesses seeking an economic environment favourable to them-
selves claim that this contributes to job creation and general prosperity. Groups may
also argue that only they, and not civil servants or ministerial cabinets, command the
expertise necessary to ensure the technical viability of a particular complex policy, or
the grass-roots political knowledge to assess the extent of opposition to a proposal.
They may thus claim that the government needs their co-operation for the successful
implementation of its policies. Groups able to cause disruption, notably in the trans-
port sector, suggest that their own contentment is a condition of ‘social peace’. All
groups may offer political support to governments, and money to parties (which may
or may not be legal) and to individual politicians (which is almost invariably not).
Above all, perhaps, governments in modern democracies have looked to groups to help
legitimate their policies within civil society.
In any democracy, therefore, dialogue between government and at least some groups
is intense and continuous. Its forms vary: informal contacts between group leaders and
politicians (who may themselves be former group representatives, from business, farm-
ing or trade unions), or between group leaders and civil servants (a frequent form of
dialogue for established groups); formal negotiations through official consultative
committees; or, for ‘outsider’ groups with no access to government, street demonstra-
tions, strikes or other forms of direct action. Which patterns of exchange are most
common varies between political systems. The nature of these relations can reveal
much, not only about the degree of integration of groups within a given system but also
about the location of power within the state’s institutions.
Analysing the relationship (or rather, relationships) between the state and the groups
is, however, fraught with difficulty. There is, first of all, the problem of where groups stop
and parties start. The Greens have evolved since the 1970s from a pressure group into a
party. More surprisingly, the shooting lobby has been fighting both European and
regional elections as Chasse, Pêche, Nature, Traditions (CPNT) since 1989. Second,
pressure on government may be exerted not just by groups or associations, but also by
individual firms. Renault, for example, with 44,500 employees, eight assembly plants
and ten components plants in France, as well as 5,000 suppliers depending on its orders,
hardly needs to belong to an association to talk to ministers or civil servants; nor does
Serge Dassault, head not only of the aircraft firm that bears his father’s name but also
of Socpresse, which owns L’Express and Le Figaro among other titles. Third, networks
such as the Freemasons have been seen by parts of the French press as more influential
than duly constituted groups. To some extent this is the stuff of conspiracy theory. But
314 The state and the pressure groups
the Masons were quite openly influential under the Third Republic: 155 Masonic lodges
participated in their own right in the first Radical Party Congress in 1901. Under the
Fifth Republic they have been active in the PS (including men as close to Mitterrand as
Roland Dumas and Charles Hernu, plus as many as 100 Socialist Deputies in 1986) as
well as the RPR, and, in too many cases, as participants in the Elf scandal. Other
networks remain an important, if ill-defined, part of group activity. Chapter 10 has
outlined the significance of those linked to the grandes écoles and grands corps.
Research has also indicated the existence of networks as varied as those of former
résistants, former activists of the far Left or far Right, Left Catholics and proctériens
(former Procter & Gamble (France) managers).
Fourth, the shifting boundaries between the state and the private sector since 1981,
and the interpenetration between the two, have posed particular problems. When
Ambroise Roux, former head of the Compagnie Générale d’Électricité, created the
Association Française des Entreprises Privées (AFEP) in 1982, he underlined the fact
that most of the big firms represented in the main employers’ organisation, the Conseil
National du Patronat Français (CNPF), were now nationalised, and thus in a sense part
of the state. But a frequent pattern under the Fifth Republic has been a complex pattern
of cross-shareholdings between public and private business, whether resulting from the
acquisition of shares in private firms before 1981 or, more recently, from partial privat-
isations (France Télécom or Air France, for example) under the Jospin government.
The fifth problem in analysing state–group relations follows from the fourth: pressure
groups are also constituted by parts of the state machine, which defend their own
corporate interests in competition or rivalry with other parts. The French nuclear
energy programme of the 1970s was strongly backed by the nationalised electricity
industry (EDF), the Commissariat à l’Énergie Atomique, the privately owned Creusot-
Loire company, and the Communist-dominated trade union, the CGT. It was opposed,
unsuccessfully, by the nationalised coal industry, the newly created state agency respon-
sible for solar energy and the Socialist-leaning trade union, the CFDT. Public-sector
banks and petroleum companies were also, in practice, powerful actors enjoying great
autonomy and a capacity to pressure the state they were supposed to serve. The finan-
cial scandal of Crédit Lyonnais and the institutionalised corruption of Elf suggest that
they were also resistant to the most elementary control by their main shareholder.
The sixth problem in studying state–group relations concerns the Europeanisation
and internationalisation of the French economy. In many decisions, neither the French
state nor the groups may be the ultimate arbiter. Farm policies are fixed in Brussels by
the EU, or in Geneva by the World Trade Organisation. Employment prospects in the
Alpine town of Annecy depend to a large degree on Gillette, a foreign multinational. In
these circumstances a complex triangular relationship replaces the traditional dual one:
the state is both a pressure group and a pressured group.
A final difficulty concerns the general approach to the subject of government–group
relations. There has been, in France, an important Marxist school which produced
valuable empirical research in areas relating to urban development and to the inter-
nationalisation of the French industrial and capital markets. Its theoretical under-
pinnings, however, have tended to the simplistic. Stressing the role of the state in preserving
the long-term interests of the bourgeoisie and ensuring the optimal social conditions
for the development of capitalism, the Marxists left little clue as to the behaviour of
individual political actors, the diversity of groups within the bourgeois and working-
class camps or the variations in policy outcomes within France. Similar shortcomings
The state and the pressure groups 315
hamper the functionalist approach, in which the actions of the state and its agents
are interpreted as a series of responses to needs – generally the needs to balance and
to integrate divergent interests in the name of social harmony or consensus. The
functionalists resemble the Marxists in that their overarching theory largely fails to
apprehend the awesome complexity of many political situations.
Within the literature on state–group relations in the Fifth Republic (which is still
somewhat sparse, despite work by American scholars such as Wilson, Keeler, Ambler
and Schmidt, or French ones such as Barthélemy, Mouriaux, Offerlé or Weber), four
general models of state–group relations in France deserve closer attention. For the sake
of convenience they may be called the domination-crisis model, the endemic conflict
model, the corporatist model and the pluralist model. Each has supporters who root
their analyses in aspects of French political behaviour as well as in a general theoretical
approach; each has some justification; but each is, ultimately, partial and inadequate in
its explanations. Taken together, though, their analyses help to portray some of the
complex reality and to answer some of the problems raised above.
• The French fear face-to-face relations, and very readily have recourse to
impersonal, highly formalised, distant and hierarchical rules imposed from above
to govern social intercourse: only such rules are likely to prevent arbitrariness.
Hence a powerful and centralised bureaucracy exists to enforce the rules.
• French political culture is characterised by both ‘limited authoritarianism’ and
‘potential insurrection against authority’, and the French oscillate between a normal
servility towards authority and sporadic rebellions against it. Closely associated
with this idea is the Tocquevillian view, echoed by Michel Poniatowski and many
others, that ‘France is a profoundly conservative country which dreams of revolution
but rejects reform’.
• In a highly individualistic, atomised and anomic society, associative life is weak, for
a French person fears the loss of liberty and individuality which results from
belonging to groups. Those groups that do exist are fragmented, egotistical and
generally anomic, and reject the principle of fruitful interdependence. In other
countries, groups bargain and compromise with each other and with the state. Each
French group, on the other hand, ferociously defends its rights against other
groups, and resists any attempts by the state to impose change which might be
prejudicial to its acquired interests: the term droits acquis is one of the most emo-
tive in the French language, approximating either to fundamental and intangible
rights or to illegitimate and exorbitant privileges depending on who is using it.
• Since the groups defend the status quo, change within society must be imposed by
the bureaucracy: there is thus a gulf between a modernising administration and its
highly conservative administrés.
316 The state and the pressure groups
• The state is viewed with mistrust by the ill-organised groups, since it threatens to
impinge upon their droits acquis. Authority must, therefore, be resisted. This ‘per-
petual resistance’ to authority found philosophical justification in the interwar
writings of Alain – the pseudonym of Émile Chartier – who told his countrymen to
build themselves ‘barricades’ against the encroachment of the state: the first rule in
the handbook of government, he contended, was ‘heroic idleness’. The result of the
unremitting and obscurantist resistance is stalemate – La société bloquée, as the
title of Michel Crozier’s influential 1970 book had it.
• The state authorities view the groups as ‘delinquent communities’ (Jesse Pitts), as
‘subservient clients’ (Jack Hayward), which may be treated with authoritarianism
(because of their normal servility) and with contempt (because of their obscurant-
ism). Yet their droits acquis must be respected, because of their predilection for
revolt.
• In this political culture, dominated by fear, suspicion and a ‘perpetual resistance to
the ruling elites’, change can be brought about to break the stalemate not by
peaceful means but only by more or less violent upheavals. But these ‘functionally
innovative crises’ which introduce reforms are then followed by long periods in
which the traditional rules of the game reassert themselves. In the domination-
crisis model, the state dominates the groups and imposes its directives upon them in
authoritarian fashion. But, fearful of insurrection, it is unable to impose radical
reforms except during a crisis.
Weak groups
The weakness of French groups is best illustrated by their low membership density –
that is, their inability to recruit more than a small proportion of their total potential
membership. The most obvious case in point is trade unions. Their membership density
under the Fifth Republic peaked in 1975, at a mere 24 per cent of the workforce,
compared with over 50 per cent at the time in the UK, and over 80 per cent in some
Scandinavian countries. By the late 1990s the figure in France had slipped to about
8 per cent, or roughly 2.5 million, where it has since stagnated. Some 60–70 per cent of
all union members are in the remaining public enterprises or in the public services; large
swathes of the private sector, by contrast, are virtually union-free, with half of all wage-
earners lacking any union representation at all within their firms. Trade unions are an
extreme case, but a far from unique one.
Fragmented groups
The fragmentation of French groups, often on political lines, has been a constant of
French social life ever since secularising republicans set up their own parallel networks
of self-help organisations to break what had been the Church’s monopoly on social
The state and the pressure groups 317
welfare. Among trade unions (Table 11.1), the leading position of the venerable Con-
fédération Générale du Travail (CGT), founded in 1895 and dominated by Communists
since 1945, has been contested by the vigorously anti-Communist Force Ouvrière (FO),
which split off from it at the start of the Cold War; by the anarcho-syndicalist Con-
fédération Nationale du Travail (CNT), which split from it in 1946, was little more than
a groupuscule for decades, but claimed 10,000 members in 2005; by the Confédération
Française Démocratique du Travail (CFDT, of left-wing Catholic inspiration, which
deconfessionalised in 1964, backed the vogue for workers’ self-management in the wake
of May 1968, and was more or less close to the Socialists until Mitterrand’s victory of
1981, when they distanced themselves from the left-wing government); by the Catholic
Confédération Française des Travailleurs Chrétiens (CFTC, the union of Catholics
wishing to maintain a confessional identity); by the now defunct Confédération Fran-
çaise du Travail (CFT, the creature of the pre–1981 right-wing majorities) and, among
managerial staff, by the Confédération Générale des Cadres (CGC). Agriculture is an
unusual sector where membership density has traditionally been high, and relatively
concentrated. The dominant organisation, the conservative Fédération Nationale des
Syndicats des Exploitants Agricoles (FNSEA), claims a membership of 600,000, or
over half of all farmers (and won 52.4 per cent of votes in the 2001 elections to
Chambers of Agriculture): a lower density than for the British National Farmers’
Union, where the figure is nearer 90 per cent, but still high for France. But it has faced
challenges not only from the Centre National des Jeunes Agriculteurs (CNJA, which
the FNSEA absorbed in 1961), but also from groups on the Right and Left. The former
have included the Fédération Française de l’Agriculture (FFA), founded in 1969, and,
since the early 1990s, the Coordination Rurale, close in many respects to the far Right,
which won 12.5 per cent of votes at the 2001 Chambers of Agriculture elections. On the
Left, the Communist-affiliated Mouvement de Défense de l’Exploitation Familiale
(MODEF), was joined in 1987 by the ecology-minded Confédération Paysanne; these
two movements, which have co-operated locally, together won 31 per cent of the vote in
2001. Even employers’ organisations have lacked the unity associated with their counter-
parts elsewhere. The MEDEF (Mouvement des Entreprises de France, called the
Conseil National du Patronat Français (CNPF) until 1998), itself a very decentralised
body, has an often uneasy relationship with its affiliate the Confédération Générale des
Petites et Moyennes Entreprises (CGPME), which many smaller business people prefer,
Sources: Le Monde (elections) membership figures are those declared by the unions to the European Trade
Union Confederation; while figures for most unions are fairly reliable, independent estimates put the true
membership of Force Ouvrière at under 400,000.
318 The state and the pressure groups
and has faced competition both from the more militant Syndicat National des Petites et
Moyennes Industries (SNPMI), from the more or less extreme CID-UNATI, and from
Ambroise Roux’s AFEP. Comparable divisions can be observed among the profes-
sional middle classes. For example, while most doctors belong to the Confédération des
Syndicats Médicaux Français, this organisation is divided between an apolitical major-
ity and a socialist minority; in addition, a few wealthy consultants who initially refused
to enter the social security system are members of the Fédération des Médecins de
France, and a few left-wing general practitioners have joined the Syndicat de la Méde-
cine Générale. Lawyers are divided between the left-wing Syndicat de la Magistrature,
the moderate right-wing Union Syndicale des Magistrats and the Association Profes-
sionnelle des Magistrats, sympathetic to the hard Right. Regionalist and nationalist
movements, too, are similarly fragmented. Even a sector such as former deportees to
Germany during the Occupation possesses several groups, prone to competition if not
to unseemly squabbles.
Moreover, these groups are themselves divided. Both trade unions and employers’
groups are federations of local and sectoral organisations, each more or less attached to
its own traditions and autonomy. The CGT is divided between the Communist majority
and the Socialist-leaning minority (and, now, between old-style and new-style Com-
munists); FO between an anti-Communist majority and a Trotskyist minority; the
CFDT between realists and those still attached to the ideals of May 1968. The FNSEA,
once described as a ‘battleground of feudal warlords’, faces obvious difficulties recon-
ciling the interests of large and small farmers, of different regions, and of different
types of product – though it is better than most groups at uniting its forces, at least
against an outside threat. The MEDEF’s leadership has often been divided between
factions representing smaller and larger firms, and between more and less ideological
stances vis-à-vis governments. The election of Laurence Parisot to its presidency in
2005 was remarkable not only because Parisot is a woman at the head of a traditionally
male-dominated organisation, but also because, as head of the IFOP polling institute,
she represents the service sector rather than the mining and manufacturing interests
long at the heart of the patronat.
Nor has time, or the end of conflicts linked to the Cold War, done much to heal these
divisions; quite the contrary. For example, the Fédération de l’Éducation Nationale
(FEN) was an umbrella organisation which united the major teachers’ unions (the
Syndicat National des Instituteurs (SNI) for primary schools; the Syndicat National de
l’Enseignement Secondaire (SNES) for the secondary sector; and the Syndicat National
de l’Enseignement Supérieur (SNESup) for universities) and the vast majority of union-
ised teachers, independently of the CGT and the other big confederations, for nearly
half a century after the Liberation. But the FEN split in 1992 between a majority that
supported the Socialists and a Communist-leaning minority who left to form the
Fédération Syndicale Unitaire (FSU) – which soon overtook the truncated FEN in
support. Among mainstream unions, although the CGT has distanced itself from the
Communists (Bernard Thibault, its secretary-general since 1997, is the first CGT chief
since 1945 not to have any official position in the PCF) and FO has dropped its earlier
links with right-wing parties, the rapprochement was limited to common action at
largely symbolic events such as May Day rallies. And when the CFDT moved to a
‘realist’ line of negotiations with employers in the late 1980s, its militant minority
departed to create a new union, SUD (Solidaires, Unitaires et Démocratiques); SUD
members, often close to Trotskyist parties, are strong in key public-sector branches such
The state and the pressure groups 319
as the railways and postal services. Another case of recent divisions is the anti-racist
movement, which grew in the 1980s thanks to the challenge of the far Right and the
coming of age of a class of second-generation immigrants. It remains divided between
the old Ligue des Droits de l’Homme, founded at the time of the Dreyfus Affair; the
Communist-linked Mouvement contre le Racisme et pour l’Amitié entre les Peuples
(MRAP); SOS–Racisme, set up in 1984 with verbal and financial backing from Presi-
dent Mitterrand and still close to the Socialists; and the Trotskyist-led Ras l’Front – as
well as smaller organisations connected to Socialist personalities or anarchist groups.
Such divisions not only reflect a lack of social cohesion; they also perpetuate it, and
ensure that almost no group is able to aggregate the whole range of demands within its
sector. Moreover, fragmentation often leads to increased verbal militancy, since several
groups are competing for the same clientele. The gulf between the expectations raised
by such militancy and the results delivered then engenders disillusion and a further
weakening of the groups. For governments, the obvious consequences of such fragmen-
tation are the absence, in most sectors, of a single, stable, representative negotiating
partner, and the near-impossibility of reaching agreement on any given subject with the
whole range of possible partners. Faced with this situation, ministers may resort to one
of four strategies: to pick one sympathetic group as an ‘official’ partner and ignore the
rest – which will almost certainly leave at least a substantial minority of groups in the
cold; to play upon the divisions between groups in order to impose government measures
– which may demobilise opposition, but is unlikely to win much positive support; to
attempt to build a consensus, which is time-consuming and may not work; or to ignore
groups altogether. Each of these strategies involves the risk that discontent will be
turned into extra-institutional channels. May 1968 can be explained partly in terms of
the choices of partners made by the Pompidou governments: not the Communist-
leaning Union Nationale des Étudiants de France (UNEF), but a students’ union, the
Fédération Nationale des Étudiants de France (FNEF), that they had practically
created themselves; not the CGT, but solidly pro-capitalist CFT, one-twentieth the size.
Société bloquée
The société bloquée in which groups frustrate change in the name of their own droits
acquis is a convincing interpretation of at least some aspects of state–group relations in
320 The state and the pressure groups
France. The teaching unions’ defeat of Education Minister Claude Allègre in the spring
of 2000 is merely the most recent case in point (though to be fair to the teachers, they
believed Allègre’s reforms to be damaging to education as well as to themselves). The
deeply hostile relations between most trade unions and much of business in France
since 1945 were another facet of the same problem, and contrasted with the more
co-operative behaviour prevalent across the Rhine.
Social crises
Dramatic social crises have marked France more than once under the Fifth Republic.
The prime example is May 1968, which led directly to greater trade union rights and
educational reforms (and was followed by a period of stifling and routine-ridden con-
servatism, as the reforms were whittled away by the employers and the academic estab-
lishment respectively). The runner-up is probably constituted by the December 1995
strikes (though these did serve to block reforms – Juppé’s social security changes –
which were obviously against the interests of the strikers, rather than furthering or
facilitating any social advances). It is notable that neither of these crises was in any
sense engineered by the trade unions. Rather, the strikes broke out more or less spon-
taneously, and often not even through the actions of union members, and the unions
were then constrained to follow the movements, and to regain control of them as best
they could – if more militant, grass-roots ‘co-ordinations’ had not got there first. For
France is the land par excellence of the unforeseen and often unforeseeable mobilisa-
tion, not only of the usual suspects (students and farmers being regularly effervescent
in their own different ways), but also of previously tranquil groups such as nurses in
1991 and the unemployed in 1998.
State–group consultation
The widespread, regular and unspectacular consultation between the state and groups
that does go on is overlooked or undervalued by the domination-crisis model. As
Schmidt observes, the French may often be Jacobins at the formulation stage of policy-
making, but when it comes to implementation, they are Girondins, ever ready to find
accommodations to spare the interests or sensibilities of important groups. The prin-
ciple of the 35-hour week, for example, was imposed by law, with very little discussion,
on employers and unions – but the latter were consulted extensively on the detail.
Similarly, the domination-crisis model tends to ignore the dense network of committees
and joint negotiating bodies, from the Conseil Économique et Social down, which exist
for the precise purpose of consultation between the administration and the groups.
Peaceful reform
The reality of peaceful reform also has little place in the domination-crisis model. The
argument that crises breed reforms in France is borne out by the great transformations
of the Liberation era, to a lesser extent by the change of régime in 1958, and arguably
by May 1968 as well. But the claim that reforms require crises ignores the persistent and
pragmatic changes undertaken since 1945 without such extreme pressures. The social
and political reforms introduced by Giscard d’Estaing, which profoundly affected both
the individual and the family, emerged, not from a revolutionary spasm, but from the
normal and healthy electoral fears of a narrowly elected president. The Socialist reform
programme introduced after 1981 may have corresponded to a ‘heroic’ model of policy-
making, but it was occasioned by a presidential election: a perfectly normal political
event, not a ‘functionally innovative crisis’. The steady deregulation of the economy
that has taken place since the mid-1980s has certainly responded to external events, but
322 The state and the pressure groups
not to anything more dramatic than the normal range of pressures in a globalising
economy. Raffarin’s programme of reforms to France’s pensions and welfare systems,
which achieved some limited but undeniable successes, is predicated on the view that
governments can engineer change on a step-by-step, unspectacular basis, and seek to
carry at least some of the relevant groups with them. And the notion that France is a
société bloquée appears steadily more questionable as one measures the immense
changes, for the most part peacefully elaborated and equally peacefully implemented,
which have taken place in France since 1945.
The domination-crisis model, in short, provides useful insights, especially into the way
many associations behave, but is not a convincing total explanation. Like most models,
it raises more questions than it answers, and it is too neat and too selective in its choice
of facts to convey the full complexity of the situation.
Table 11.2 Working days lost through strikes in France, 1963–81 (000s: excluding Fonction pub-
lique de l’État)
Table 11.3 Working days lost through strikes in France, 1982–2001 (000s)
Demonstrations
Mass demonstrations have been frequent under the Fifth Republic in virtually all eco-
nomic or political climates. In 1975, not a particularly troubled year, there were 612
demonstrations in Paris, of which 312 necessitated the mobilisation of the police. Sarah
Waters puts the annual number of demonstrations in the early twenty-first century at
10,000, of which about 1,000 take place in Paris. Under the early Fifth Republic,
the Algerian war triggered off massive demonstrations in favour of peace, two of
which were repressed with murderous ferocity by the police. May 1968 was, in this as
in other respects, in a class of its own, with left-wing students in Paris, Bordeaux,
Nantes, Strasbourg and other big university towns mounting enormous carnavalesque
processions – and finally giving way, in Paris on 30 May, to a gigantic tricolour-waving
pro-Gaullist rally. For demonstrations are not confined to left-wing groups. Even more
picturesque than May 1968 was the farmers’ tour de force in September 1991, when the
Champs-Élysées was transformed into a wheatfield for a weekend. Demonstrations
have brought out doctors, nurses, professors in gowns and, once in 1993, employers
from the textile industry, complete with blazer-clad stewards specially hired for the
day. Probably the largest demonstration held in Paris since the Liberation, on 24 June
1984, gathered 1.3 million defenders of Church schools against the Socialist govern-
ment’s reform projects; just under a decade later, some 600,000 supporters of secular
education came out against the Balladur government’s plans to raise subsidies to
Catholic schooling. Numbers in excess of 100,000 have also rallied in Paris around
causes as varied as the future of French farming (almost every year from 1982 to 1991),
the social security system (at the CGT’s behest, in 1987 and 1990), anti-racism (in 1990,
after an attack on the Jewish cemetery at Carpentras by a group of skinheads close to
the FN), health issues (in 1991), the education budget (in 1990), the Raffarin pension
reforms (in May 2003, when the organisers claimed two million demonstrators across
France and the police conceded half that number), the defence of the 35-hour week
(in January 2005) and Alain Devaquet’s plans to allow universities to select students
and charge fees (in late 1986). Unlike most of the others, the anti-Devaquet demonstra-
tions did not pass off peacefully, due to troublemakers among the demonstrators and
poorly commanded and ultimately violent riot police, who beat one demonstrator
to death.
What is most remarkable about the continuing predilection among the French for
strikes and demonstrations is the amount of public support they generally enjoy. The
CSA polling institute has shown that of fifty nationwide conflicts involving strikes,
demonstrations, or both between 1995 and 2005, and taking in an impressive roll-call of
groups as varied as truckers, hospital staff, the police, farmers, factory workers,
researchers, teachers, university and high school students, doctors, actors, tobacconists
and the unemployed, fully forty-five enjoyed the support or at least sympathy of over
half of all respondents, while twenty-five were supported by two-thirds of respondents.
The state and the pressure groups 325
The conflicts concerned included disruptive strikes by teachers and railway workers
(though strikes by railway workers alone, as well as Air France pilots in 1998, were
among the minority without public approval). Similarly, the ‘minimum service’ on
public transport in the event of a strike, though considered attractive as an idea by
three-quarters of poll respondents, is rejected by the same proportion as a proposition
to be enforced by law; hence, no doubt, the refusal of successive right-wing govern-
ments, despite the calls from their own exasperated Deputies, to use legislation to
achieve this. This relative solidarity on the part of the public distinguishes the French
case from, for example, Britain in the late 1970s, where endemic strike action played
into the hands of a deeply anti-union Conservative Party.
Direct action
Illegal activity – usually undertaken by groups staring ruin in the face, or believing they
are – has taken various forms. Steel workers during the crisis of the late 1970s disrupted
the Tour de France, burnt down public buildings and held managers hostage; lorry
drivers have blocked motorways, or driven along them very very slowly (a practice known
as opérations escargot); farmers have regularly tipped unsold artichokes, tomatoes,
peaches and apples, or (far worse) liquid manure onto the streets – slowing down even
French drivers. The ecologically minded also have blocked the sites of proposed
motorways, closed down ports to protest against oil pollution (when they were not
closed by truckers or by fishermen protesting against high prices for diesel or low ones
for fish) and, in Brittany, have invaded proposed atomic energy stations. In 1993 Act
Up, the militant gay rights group, placed a giant condom on the obelisk in the Place de
la Concorde. A favourite target of direct action is the local prefecture or subprefecture,
still the physical representation of state authority in the provinces. The cause célèbre of
the century’s end was the August 1999 attack on a McDonald’s restaurant (its perpet-
rators called it a ‘dismantling’) in the provincial town of Millau by a group of Con-
fédération Paysanne activists. Led by the charismatic José Bové, they were protesting
against punitive American duties on Roquefort cheese and, more generally, against the
globalisation of the food industry. Bové’s trial the following July brought some 50,000
supporters back to Millau.
Violence
Violence, whether premeditated or simply as an escalation of more peaceful forms of
protest, has been a frequent feature of the politics of the Fifth Republic. According to
official figures, there were about a hundred attentats a year in the 1960s and early 1970s,
rising to 480 in 1976, 555 in 1977 and over 600 in 1978. Some attentats, such as the
bombs in the rue de Rennes in September 1986, which killed six, or in the regional
metro in July 1995, which left four dead, have been the work of North African or
Middle Eastern terrorists. But there has been plenty of home-grown violence too, with
origins in political extremism, national separatism or sectoral desperation.
Political extremism on the Left found its most violent expression in Action Directe,
whose tiny handful of members carried out several killings in the late 1970s and 1980s.
They were finally arrested in February 1987, some three months after having murdered
Georges Besse, the head of Renault. More extensive, however, is the record of the far
Right, starting with the Organisation Armée Secrète (OAS), the paramilitary wing of
326 The state and the pressure groups
the supporters of French Algeria. Over a mere four months in the summer of 1961, the
Interior Ministry recorded 726 attentats in France, almost all of OAS origin; this figure
does not include either the countless terrorist outrages committed by the OAS in
Algeria, or the dozen or so attempts to assassinate de Gaulle. Later groups on the far
Right have been responsible for attacks on the homes of left-wingers and on Jewish
offices and synagogues; and the Front National has regularly attracted individuals for
whom casual murder is a logical extension of their racist beliefs.
Violence of a nationalist nature has taken place in Savoy and in the Basque country
(the Basque separatist group Iparetarak committed some sixty attentats between 1973
and 1986, when it was officially dissolved), but more especially in Brittany and Corsica.
In both of these places, moderate autonomous groups have been flanked by more
extreme and more unruly paramilitary factions. Thus in Brittany, the legal Union
Démocratique Bretonne, which has fought elections and won seats on local councils
since 1964, had to compete against the Front de Libération Bretonne–Armée Républic-
aine Bretonne, which specialised in armed attacks on state property in the late 1970s.
Since then, the Breton nationalist cause has taken largely peaceful channels, thanks in
part to a relatively enlightened policy of cultural concessions from successive govern-
ments; it is significant that a violent attack on a McDonald’s restaurant, which killed a
waitress in April 2000, was roundly condemned by all established Breton nationalist
groups. Corsica, on the other hand, has all the ingredients of an insoluble territorial
problem: an underdeveloped and isolated peripheral region; resentment of property
development and other incursions by the mainland French; a clan-ridden local political
class which has used corrupt electoral practices for generations; a ‘law of silence’
(omertà) deeply rooted in local traditions; and a nationalist movement that is violent,
able to command widespread passive sympathy or silence, closely linked to organised
crime and thus well-funded, but also highly fragmented. Legal movements here, such as
the Union du Peuple Corse or Corsica Nazione, are likely to be fronts for, rather than
competitors against, the illegal ones, of which the most important has been the Front
de Libération Nationale Corse (FLNC), banned in 1983. The FLNC split in 1989 into a
canal habituel and a canal historique, groups which in turn have been prone to splits.
None of this has halted the violence; there were an estimated 3,366 political attentats
attributed to Corsican groups between 1975 and 1995, including forty-seven murders;
early twenty-first century observers put the figures at 300 attentats and about thirty
political murders a year (though these include the considerable number of crimes com-
mitted by Corsican groups against one another). The Corsican question was put most
firmly on the agenda when nationalists assassinated the regional prefect Claude Érignac
in February 1998 (the prime suspect was able to hide for five years on the island before
being arrested in 2003). Government policy has vacillated between neglect (in effect
turning a blind eye to a corrupt local system), reform (the new local government system
for the island brought in by Interior Minister Joxe in 1991), covert negotiation covered
with apparently culpable laxity (the Juppé government’s readiness to allow armed and
hooded terrorists to give a press conference announcing a so-called truce) and ill-
planned repression (after the Érignac murder). The Jospin initiative of early 2000,
involving negotiations in Matignon with all the political forces on the island, had the
merit of being open and direct, but it still failed after being attacked for the recognition
it appeared to give to political organisations supporting terrorism. So did the Sarkozy
plan to unify Corsican political representation into a single authority, narrowly
defeated in the referendum on the island in July 2003.
The state and the pressure groups 327
Of a rather different nature is the violence that results from mass demonstrations or
illegal protests which run out of control. Here, damage to property (such as the destruc-
tion by fire of the MEDEF offices in La Rochelle during the 2003 pensions reform
protests) may be deliberate, but is not always planned, and very rarely executed with
bombs or the other tools of the terrorist; loss of life may occur (whether on the side of
the police or of the protesters) but is not intended. Like the illegal activities of which it
is an extension, it usually involves groups facing marginalisation or ruin: small farmers
or fishermen crippled by debts (a characteristic feature of the modernisation of these
industries) which falling prices make it impossible to pay. For Breton fishermen in 1994,
the historic fourteenth-century parlement building in Rennes was an obvious target:
they burnt it down. The FNSEA has always tolerated its members’ ‘commando’-type
actions against ‘unfair’ foreign imports, such as Italian wine or British sheep (some
lorryloads of which they burnt alive in 1997). FNSEA members have also attacked
individuals of whom they disapprove, especially women. In 1982 Agriculture Minister
Édith Cresson was forced to flee a crowd of angry peasants by helicopter; in 1999 they
sacked the offices of their favourite bête noire, Environment Minister Dominique
Voynet. Another group of disgruntled rustics, the bird-shooters of CPNT, have also put
a minister to flight (in 1999), and regularly issue implicit threats to turn their guns on
the authorities if the shortening of the shooting season is enforced. The small busi-
nessmen of Gérard Nicoud’s CID-UNATI were active in the intimidation of tax
inspectors and destruction of tax files in the 1970s. The steel workers of Longwy and
Denain, whose jobs were directly threatened by the restructuring of their industry from
the late 1970s, regularly brought catapults and ball-bearings to demonstrations (the
police, of course, responded with baton charges and tear gas). More recently, workers in
a private firm scheduled for closure tried to enlist the support of the Labour Ministry
by threatening to dump toxic chemicals in a nearby river. The early years of the ecology
movement were also marked by violence on the part of its extremists, who blew up part
of a nuclear power station at Fessenheim in Alsace in 1975, and the atomic energy
authority offices in Tours the following year. Confrontation with the police at the site of
the proposed nuclear power station at Creys-Malville in August 1977 ended in tragic
deaths; the Larzac plateau, which was being turned into a vast military camp, and
Plogoff in Brittany, site of another planned nuclear power station, were the two great
(and sometimes violent) rallying points for Greens in the 1970s.
The newest form of open defiance to the authority of the state, however, has come not
from interest groups at all. This is the rise in urban violence, typically but not exclusively
concentrated in modern working-class suburbs and caused by young unemployed men,
frequently of North African or sub-Saharan African origin: vandalism, the theft and
burning of cars, and crimes against the person. This endemic unrest has been played
out against a background of urban deprivation, the chronic neglect of ill-designed and
ill-serviced estates, educational underachievement, widespread drug trafficking, and a
perception that for young men with the wrong name, or skin colour, or religion, the
opportunities of France’s supposedly egalitarian Republic are closed. In 1997 it was
estimated that fifteen young people had been killed and nearly 2,000 wounded as a
result of this type of violence; official figures showed that some 28,000 cars were
torched in the first ten months of 2005. That the state is challenged is shown by the
difficulty the police have had in intervening against crime: many such suburbs became
places where the police appeared either en masse or not at all. They have also been
places where central and local government, even with the necessary funds to improve
328 The state and the pressure groups
matters, have often had difficulty finding widely recognised local groups to talk to.
Hence, in part, the nationwide rioting that followed the accidental deaths of two
teenagers, apparently fleeing what they took to be pursuing policemen, in November
2005. This was France’s worst outbreak of civil unrest since May 1968; it affected the
outskirts of almost every major city in France, causing the destruction of some 10,000
cars, as well as numerous public buildings, in the space of two weeks; and provoked the
de Villepin government into a characteristic mix of concessions (measures in favour of
the suburbs that should have been taken without the encouragement of riots) and
repression (the revival of a law dating from the period of the Algerian war allowing
mayors to impose selective curfews in their towns).
Supporters of the endemic and open conflict thesis not only assert, with Alain Peyre-
fitte, that ‘rioting is the national sport’; they also claim that direct action works – that
it is an essential, if not the characteristic, form of group representation. Group repre-
sentatives themselves appear to believe in the efficacy of direct action: 60 per cent of
Frank Wilson’s (admittedly quite small) sample considered that it could influence
policy-making – though most also preferred other methods. Evidence that extreme
activity can pay may be garnered from every period of the Fifth Republic. Strikes by
miners in 1963, by wholesale fruit and vegetable suppliers in 1973, by doctors in 1983
and by train drivers in 1986–87, all forced an apparently resolute government to make
major concessions. The big student demonstrations of 1986 led the Chirac government
not only to withdraw its university reforms but also its planned (restrictive) reform of
the nationality laws. The lycéens’ movement of 1990 won an extra 4.5 billion francs for
the Education budget – a week after the budget had been officially voted, and on the
direct orders of Mitterrand, who had received the lycéens’ leaders at the Élysée. The
1982 and 1991 reforms to the government of Corsica would not have occurred without
the actions of a violent minority. The antics of farmers have regularly been met not
only with indulgence (FNSEA membership virtually guaranteeing immunity from
prosecution) but with concessions from government, such as the temporary bans on
Italian wine imports imposed in the 1970s in flagrant breach of EC regulations. Direct
action by fishermen won 45 million francs in subsidies in 1993. Supporters of Catholic
schools in 1984 and of secular ones in 1994 helped ensure, by demonstrating, that the
status quo was maintained against the reforming ambitions of governments of Left and
Right. Truckers in September 2000 won 35 centimes a litre off the price of diesel fuel –
and a host of European emulators. Demonstrations by the unemployed succeeded in
reversing planned cuts in benefits early in 2004. And, as we have seen, the rioters of
November 2005 obtained a package of measures in favour of their rundown suburbs –
though it is far from clear that this was what they were asking for.
stresses the interdependence of the government and the interest groups, and the
interpenetration of ‘public’ and ‘private’ decision-making characteristic of a mixed
economy in which an increasing measure of state intervention has to be reconciled
with an increasing measure of interest group intervention in all spheres of social
activity.
The concerted politics model is both descriptive and prescriptive: it sees the state–group
partnership as both desirable and inevitable. Indeed, for many proponents of this
model, which was fashionable in the 1950s and 1960s, relations between the state and
the groups were to take place ‘within the framework of social justice’, provided by the
planning of the French economy.
Underlying the attempt to direct state–group intercourse into institutional channels
was the search for consensus and for ‘rational’ decision-making. But the search proved
illusory, for it was based on the myth that the alchemy of concertation could produce
decisions acceptable to all interests. Concerted politics implicitly denied the primacy
and inevitability of politics and the intrinsically conflictual nature of decision-making.
One protagonist of concerted politics even proclaimed the need ‘to depoliticise the
major policy options of the nation’. In a country so ideologically divided this was a
pious and foolish aspiration. The organs of concertation may have provided useful
forums for airing grievances and occasionally played a useful educative role; but they
were less the instruments of concertation than the institutionalised agents of muted
conflict. This was gradually recognised, even by the economic planners: one of the later
planning commissioners, Jean Ripert, discreetly abandoned the concept of concertation
in favour of consultation.
If concerted politics was a fashion in some French governing circles in the 1950s and
1960s, corporatist politics became an academic mode of the 1970s and early 1980s. The
two models are closely linked, since both emphasise the non-neutral nature of the state
and the closeness and durability of the links between the state and the groups, and both
insist upon the importance of consensus-building and conflict management as integral
elements of the relationship. Finally, both point to the institutionalisation of the state–
group dialogue. But there are differences between the two models: the corporatist
model introduces notions such as hierarchy, integration, discrimination and privilege
which are absent from the concerted politics model.
Philippe Schmitter has famously defined corporatism as
Very briefly, the corporatist model envisages the incorporation by the state of a few
powerful monopolistic groups (normally peak organisations, each federating smaller
groups in its own sector) into permanent institutionalised arrangements. Each group is
expected to implement fully all agreements reached with the state, coercing and discip-
lining its members if necessary; in return, it enjoys an exclusive right to represent its
sector’s interests to the state, as well as other privileges which may strengthen it even
further. Rival groups, if any, may be discriminated against, thus weakening them and
rendering them less attractive – which is a source of further weakness.
Corporatism: objections
Agriculture and education, however, are very much the exceptions. The extreme div-
ision of groups alone would make corporatism appear quite inadequate as a general
model of state–group relations in France. To this general point may be added four more
specific objections to the model.
• The antiracist movements, however divided, have pursued and harrassed Le Pen and
the FN over two decades; their nationwide protests in the spring of 2002 probably
helped limit Le Pen’s second-ballot presidential vote. They were also instrumental
in bringing the sans-papiers issue to the attention of governments, with partial
success.
• Women’s movements have been active both in promoting parity legislation and in
attacking the ‘Mediterranean’ sexism which they see as still endemic in French
society.
• The anti-globalisation movement (its activists prefer the more internationalist term
alter-globalisation) is centred on Attac, France’s association of supporters of the
Tobin tax on capital movements. It has supplied the biggest European delegation to
the World Social Forums at Porto Allegre, organised a European Social Forum
(welcomed by Raffarin) in Paris in 2003, caught France’s imagination with José
Bové’s anti-Macdonald’s protests and attracted the endorsement, more or less
sincere, of 100 French parliamentarians as well as Chirac. Attac supplied some of
the most effective grass-roots activists for the campaign against the European
constitutional treaty in 2005.
• France’s gay rights movement has promoted the Pacte Civil de Solidarité (PACS)
and organised the highly successful Gay Pride parades in Paris (to which party
politicians have begun, prudently, to associate themselves).
• ‘Solidarity’ movements have championed the swollen ranks of the socially excluded
in France both through fierce criticism, from associations such as Droit au
Logement, of government policy, and also via organised practical solidarity through
groups such as the Restos du Cœur.
• The unemployed movement has marked up significant successes, notably in 2004, for
a traditionally very difficult social group to mobilise.
• Environmental activists, where they have not turned to political activity via Les Verts,
have penetrated local and regional government, raising environmental awareness
and focusing on practical, grass-roots measures.
336 The state and the pressure groups
Although these movements are often divided, sometimes politicised (with Trotskyists
and former Communists being especially active), and periodically maximalist, their
reluctance (usually) to lose their independence to parties or to the state, their readiness
to press achievable demands and their ability to undertake concrete activities within
civil society sets them somewhat outside either the domination-crisis or the corporatist
models. Hence Waters’s claim that they articulate a new form of (post-Jacobin)
citizenship.
Secondly, the ideological position of governments has become steadily more sympa-
thetic to groups and more distant from the Jacobin standpoint outlined at the start of
this chapter. The position set out in a circular issued by Chirac during his first premier-
ship in 1975, stating that ‘the state and the public authorities do not have the monopoly
of the public good’ and that groups should be encouraged and, where possible, assigned
appropriate tasks by the state, has been reiterated by most governments since. The
performance of the Juppé government in 1995, in drafting a large-scale reform not only
without consultation, but in conditions of extreme secrecy, and then justifying it
in terms of the government’s exclusive democratic legitimacy, was in this respect
the exception that proved the rule; given Juppé’s fate, it is unlikely that any future
government would attempt reforms in quite the same manner.
Third, and more generally, groups constantly affect policy-making in non-crisis
situations, through normal, legitimate bargaining, without the benefit of either mass
demonstrations or corporatist collusion. The 1980 bill on workers’ participation in
industry, for example, was substantially modified under pressure from employers.
Group pressure in 1982 led the Socialist government to decide against allowing adver-
tising on the newly legalised local radios. The revenu minimum d’insertion, brought in by
the Rocard government in 1988 to assist the growing numbers of unemployed deprived
of any income at all under the existing benefits system, was the product of years of
consultation between government and local authority officials, associations active in
the field of urban poverty and the Conseil Économique et Social. The Jospin govern-
ment’s provision that firms with under twenty employees could wait until 2002 before
adopting the 35-hour week was a clear concession to employers. The withdrawal of
plans to reform public-sector pensions in March 2000 followed a clear refusal from the
major unions; the delicate question of the revision of legal conditions for police inter-
rogation, including the presence of lawyers and recording of interviews, was handled in
close consultation with police and magistrates’ associations. Under Raffarin, plans to
ease legal restrictions on employers’ right to sack staff to safeguard the competitiveness
of their firm were watered down in October 2004 after protests from unions and the
Left. Moreover, the mere listing of such well-documented episodes certainly under-
estimates the routine involvement of groups in policy-making. Not all consultation
prior to the publication of a bill is visible. The implementation phase of policy-making,
as Schmidt points out, is particularly fertile in arrangements with groups – which may
distort or even subvert the initial spirit of the law. Moreover, the implicit exercise of
group influence may suffice to define the area in which a government feels free or able to
act. Any government knows that there are political no-go areas: limits that cannot be
transgressed, conventions that cannot be violated and rights that cannot be trampled
upon, and that those limits, conventions and rights are established and protected, often
unconsciously, by the groups.
The state and the pressure groups 337
Pluralism: objections
Like the other three models considered above, pluralism offers important insights into
state–group relations in France; and, like them, it presents serious shortcomings as an
explanatory model.
• Some objections, far from being unique to France, were formulated in criticism of
pluralist theory generally. The perfect competition between groups of classical
pluralist theory is no more a reality than the perfect market beloved of classical
economists. Some groups are strong, rich and well-organised – enjoying, in a few
cases, hegemonic or even monopolistic positions. Others are none of these things:
the unemployed movement, which achieved quite a small proportion of its goals in
1997–98 but scored at least a defensive success in 2004, was the first serious attempt
at organisation of this group in a generation of joblessness that directly concerned
between 1 and 3 million people. The unequal power of different groups to influence
policy is as fundamental to state–group relations in France as it is elsewhere.
• More specifically French objections may be guessed from earlier sections of this
chapter. In the first place, the state in France does not, or does not often, conform to
the rather modest role allotted to it in the pluralist paradigm. Indeed, for Frank
Wilson, ‘the most important difference between French politics and the pluralist
model is the activist role of the state’. Several examples have been noted above of a
‘heroic’ style of policy-making, in which governments have practically ignored
group representations, at least in the policy formulation stage. Governments may
also impose their will on groups by exploiting their (often numerous) divisions. Even
when they do not ignore groups or divide and rule, governments have some freedom
to choose which groups to listen to and which to exclude. The Pompidou govern-
ment had cut itself off from the mainstream union movement so thoroughly by the
time the May 1968 crisis broke that when the junior social affairs minister (Jacques
Chirac) arranged a first, tentative contact with the CGT, he went to the appointment
armed. On the other hand, groups traditionally supportive of the Right – business
and farmers – felt unwontedly neglected in the early years after the Socialists’ victory
in 1981. Not surprisingly, executive dominance after 1958 reinforced this (partial)
independence of the state. It is easier to exclude certain groups when government
and administration are dominated by a more or less homogeneous majority than in
the unstable parliament-centred system of the Fourth Republic.
• A final objection is the frequency with which the interplay between the different
groups, or between groups and the state, has failed to conform to the rather orderly
and civilised pattern assumed by the pluralist model. In some cases, especially before
1981, groups such as the CGT and the government simply did not see eye to eye on
the basic rules of the game. Even within a single sector, contact between groups and
each other, or between groups and the government, could be non-existent. More-
over, as we have seen, extra-institutional forms of pressure, for which the pluralist
model concedes at best an exceptional role, are commonplace in France.
An untidy reality
Each of the four models outlined above raises serious objections when applied to the
French case; there is no overall pattern. The state may, on occasion, ignore groups more
338 The state and the pressure groups
or less completely; it may have more or less exclusive, corporatist relationships with
particular groups; or it may allow more pluralist patterns of representation to develop.
It may react to direct or even violent action by repression, or it may choose to ignore
it, or even cave in to it altogether. Groups tend, in general, to be fragmented and,
frequently, to be internally divided as well – apart from the (rare) cases, such as the
notaries, that are monopolistic and cohesive. Groups may seek cosy, collusive relation-
ships with government, but even after achieving this may still resort to street protest.
This pattern is untidy, despite the simplicity that the centralisation of the French state
might be supposed to impart; as Ezra Suleiman has noted, ‘centralisation mainly con-
centrates jurisdictions. It does not concentrate effective power.’ Two sets of remarks,
however, may serve to render appearances somewhat less chaotic. They concern models
of state–group relations that accommodate more diversity than those discussed above,
and the range of factors that affect the capacity of groups to influence policy-making.
Mixed models
Vivien Schmidt’s account of relations between business and government in France since
the 1970s contrasts two styles of policy-making under the Fifth Republic. The ‘heroic’
style, she argues, has typically been used by governments making economic and industrial
policy: with a long tradition of dirigisme behind them to justify their interventions, and a
determination to achieve quite radical goals – modernisation under de Gaulle and
Pompidou, reinforced state control in the early Mitterrand years – governments formu-
lated policy with minimal input from interest groups. Groups were eventually allowed
their say, but only at the implementation stage. In other policy areas, on the other hand
(Schmidt mentions education, centre–periphery relations and agriculture), a more
‘everyday’ style prevails. Groups (teachers’ unions, local elected officials, farmers’
unions) are involved in the formulation as well as the implementation of policy. Their
blocking power may make certain reforms impossible. Schmidt’s dichotomy should not
be taken rigidly; policy-making has not always been ‘heroic’ in economic and industrial
affairs, nor always ‘everyday’ in other areas. It should, on the other hand, be valued for
two insights. First, although policy formulation without groups may be possible on
occasion in France, policy implementation is not. Second, while French governments
may have a capacity for ‘heroic’ action – and thus a greater independence than sug-
gested by the pluralist model – the French state cannot be ‘heroic’ in everything all of
the time; it must decide in which areas (if any) this mode is most appropriate, because it
can never ignore all groups. To these may be added a third point: the state’s diminished
capacity for heroics after it remodelled itself in the 1980s and after, in what Schmidt
characterised (in reference to privatisations and deregulation) as the ‘heroic dismantling
of heroic capability’.
A second, complementary, mixed model may be derived from the literature on policy
networks which has become an important and growing feature of the study of state–
group relations since the 1980s. The policy networks approach typically takes a policy
sector, rather than a national pattern of state–group relations, as its main field of study:
that is, it is concerned with the whole range of participants in a particular area of
policy-making, the relationships between them, and between them and the outside
world, and the way in which those relationships affect policy outcomes. A typical policy
network will include, for example, civil servants, representatives of producer interests,
experts involved in a particular sector and key legislators. Beyond that, though, networks
The state and the pressure groups 339
may vary a great deal. In particular, they may be rather open to a wide and shifting
range of participants (in which case they are often known as issue networks); or, on the
contrary, they may be limited to a few participants who are able to exclude unwelcome
intruders (a pattern referred to as the policy community). The range, openness and
predictability of policy outputs is likely to vary with the number of policy-makers
involved. The policy networks approach is not without its shortcomings. It is often
better at describing configurations of policy-making in a given sector than at explaining
why they came to be open or closed, or precisely how the set of relationships involved
affected policy outcomes. It is also better at explaining stability in policy-making within
a sector than at accounting for the radical changes that do occur. But its attractions
remain considerable for the French case. In particular, it can accommodate several quite
different configurations of state–group relations within a single national system. The
coexistence of a close-knit, exclusive policy community in, say, the farm sector, with a
very much looser set of relationships (and therefore less predictable policies) in the area
of women’s rights, poses no difficulties for the policy networks approach. Moreover,
under certain circumstances actors within the state may seek to reconfigure policy
networks within their sector to further the acceptance of a reform programme, as was
clearly the case with agriculture in the 1990s. Finally, policy networks may form in
localities or regions too – and reflect different alignments from those prevalent at the
national level. In Le Havre, to take one example, the Communists and the CGT co-
operated with a coalition led by the right-wing mayor that aimed to improve the port
infrastructure in order to reinforce Le Havre’s competitive position against rival ports
like Antwerp, thus creating or safeguarding jobs; in this they were opposed by the local
Greens and by groups within the local Socialist Party. The policy networks approach
certainly does not provide a simple model of state–group relations in France; but it does
make a minimum of sense out of the apparent chaos.
Access
Access to decision-makers is both a consequence and a cause of a group’s power. This
may be seen as a continuum, moving from the most marginal groups that lack any form
of official recognition and rely entirely on their own resources; to groups that have won
such recognition and the right to sit on official (but possibly powerless) consultative
committees that goes with it; to the groups of all kinds that have built up strong and
institutionalised links with the legislature (whether thanks to political links, such as
those of the CGT with Communist parliamentarians, or to a more all-party appeal, via
the many amicales parlementaires covering a wide variety of sectors); to those groups
that enjoy regular official and unofficial access to the executive. Access to the executive
will always be assisted by informal networks. Chirac’s excellent relationship with the
Dassault aircraft firm goes back to the days when his father had been Marcel Dassault’s
340 The state and the pressure groups
banker. Polytechniciens, énarques or other graduates of grandes écoles may be attractive
employees for firms (including the French branches of foreign multinationals) not just
for their qualifications or their intellects but for the doors they can open. There is also
every reason to suppose that in France as elsewhere, help with campaign finance can
improve access to decision-makers at central or local level. It is notable that many of the
building, public works and utilities firms that generously (and, for once, legally) sup-
ported candidates in the 1993 parliamentary elections hedged their bets by spreading
their money between candidates of all parties. The best forms of access, finally, are
multiple because they allow their beneficiaries to exploit the many divisions within
the state apparatus: this is borne out, for example, in Cohen and Bauer’s analysis of
relationships between the state and the major firms in the early 1980s.
Strategic importance
The perceived strategic importance of a group in the social and economic life of
the nation inevitably affects its leverage (or lack of it) with the authorities. This
is the foundation of the power of the FNSEA in the post-war period: it not only
represented France’s premier industry (in terms of workers if nothing else), but also
determined the nation’s ability to feed itself – a critical argument when food shortages
were fresh in every memory. For similarly obvious reasons, neither business in general
nor very large individual firms can be ignored for very long; their bargaining power has,
if anything, been reinforced by Europeanisation and globalisation. The case of Renault
was cited at the beginning of this chapter. Other world-class firms like Bouygues (build-
ing and public works), the arms-to-publishing group Matra-Hachette, Dassault, which
dominated France’s military aviation industry for the half-century after 1945, Alstom
(heavy engineering), or the two water firms, Générale des Eaux (now Vivendi) and
Lyonnaise des Eaux (now Suez-Lyonnaise) could be added. If Crédit Lyonnais was able
to attract over 100 billion francs of taxpayers’ money, it was because the bankruptcy of
a major (and nationalised) bank would have had effects too catastrophic for the politi-
cians to contemplate. Other groups may also command attention due to their strategic
positioning: railway and metro drivers, air traffic controllers, water plant workers or
truckers wield more leverage in this respect than the relatively powerless university
teachers.
Such strategic importance may ensure a hearing, but in no way guarantees govern-
ment compliance with a group’s wishes. The steel employers of the Chambre Syndicale
de la Sidérurgie Française, for example, were very successful at extracting financial and
other concessions in the 1970s, in an expanding market and at a time when it was a
government axiom that ‘France needs a steel industry’. But in 1978 the government
brought the loss-making industry under effective state control; in 1981 the Socialists
nationalised it; and later in the 1980s the flow of cash stopped. More generally, even if
its strategic position ensures the influence of ‘business’ in general, governments may still
have to make choices between different businesses. The uncertain path that led to the
privatisation of Thomson defence electronics, for example, saw the Juppé government
choose Matra as Thomson’s future partner, then drop the privatisation plan altogether;
when the sell-off was finally effected, the Jospin government chose Alstom instead.
The state and the pressure groups 341
Electoral clout
Electoral importance also lends a group influence. The fact that women represent over
half the total electorate was clearly one factor in the decision of the Jospin government
(and, more surprisingly, the right-wing majority in the Senate) to back a constitutional
revision and legislation in favour of parity in political offices between men and women.
But electoral importance is not the same as sheer size. The number of farmers, for
example, has fallen sharply under the Fifth Republic; their electoral importance has
diminished, but less rapidly. It is protected by rural over-representation in the councils
of the départements, in the National Assembly and, above all, in the Senate; by the key
social position farmers still occupy, even though they are a minority in most rural
communities; and by the increasingly competitive character of national politics,
making rural constituencies vital for the Right to win. Farm policy was considerably
more cautious in the 1970s than in the 1960s, although there were fewer farmers. The
bird-shooters of CPNT terrorised numerous Deputies – and even more Senators – from
sensitive départements like the Gironde or the Somme into voting against the law short-
ening the season in 2000, although the law merely implemented a European directive.
Another recent example concerns the homosexual vote – not large, and above all not
homogeneous in national terms, but important enough in some marginal constituen-
cies, notably in Paris, to be courted by the Socialists in 1997. That contributed to the
legal recognition given to same-sex relationships by the PACS in 1999.
Public support
The backing of public opinion, though not essential, may be useful to a group. Groups
with wide public support have forced right-wing governments into humiliating climb-
downs about once a decade: miners in 1963, students in 1986, public-service workers in
1995 (in the latter case, although public support was far from unanimous, it was in a
majority, and government-inspired efforts to engineer citizen indignation at the para-
lysed transport network got nowhere). The counter-example is that of Air France staff,
whose threat (quickly withdrawn in the face of public disgust) to strike as France
prepared to host the 1998 World Cup was a memorable public relations disaster.
Certainly all groups consider public opinion important enough to court it. Pharmacists
defend their exclusive right to sell non-prescription medical and paramedical products
at extortionate prices on the grounds of a high-minded insistence that users of such
products should have access to the best possible advice. Schoolteachers are always
motivated by their touching concern for the interests of children, of education and of
equality of opportunity. The FNSEA identifies the narrow interests of its members
with those of the broader community by claiming that ‘il n’y a pas de pays sans
paysans’.
Government policy
Policy changes decided by the government may propel hitherto ignored groups into the
limelight. After the damaging electricians’ strike of 1969, and against the background
of May 1968, the Chaban-Delmas government introduced a politique contractuelle
designed to put industrial relations on a more coherent and peaceful footing. The
politique contractuelle was based on agreements binding for a specified period, on guar-
antees of real wage rises and on close collaborative relations with unions (much to the
shock of traditional Gaullists – even though the CGT chose not to participate). A more
The state and the pressure groups 343
recent, though in the end unsuccessful, example concerns Jospin’s decision, late in 1999,
to take the Corsican problem in hand and negotiate directly with all parties, including
for the first time Corsica Nazione, the political wing of an armed nationalist movement,
in the process that led to the (doomed) Matignon agreements of 2000.
Countervailing forces
The power of countervailing forces also affects the influence of groups over policy-
making. For example, the Union Nationale des Associations des Parents d’Élèves de
l’Enseignement Libre (UNAPEL), the vigilant defender of Catholic private schools, is a
powerful, well-organised group in its own terms, but is unable, even under right-wing
governments, to achieve all of its aims because the Comité National d’Action Laïque
and the Ligue Française de l’Enseignement are just as well organised and equally fierce
in their defence of secular education. The result, as the events of 1984 and 1994 show,
tends to be a stand-off. Environmental groups, while enjoying widespread general sym-
pathy, have provoked fierce and often effective reactions from farmers, bird-shooters
and the roads lobby. If the small shopkeepers of CID-UNATI failed to halt the decline
in their numbers and support (0.72 per cent in the employers’ college at the prud’hom-
mes elections of 2002), it was partly because of opposition from the more discreet but
no less effective Fédération Nationale des Entreprises à Commerces Multiples, which
looks after the interests of the supermarkets; the commissions set up in the 1970s, under
pressure from CID-UNATI, to vet applications for new hypermarkets, regularly agreed
to the proposals, often under the influence of thinly disguised bribes. A counter-
example concerns the issue of parity in political representation between men and
women: the organised support for the reform was relatively weak, and public opinion
favourable but not overwhelmingly so – but the organised opposition was non-existent.
Concluding remarks
At the beginning of this chapter, it was shown that the founders of the Fifth Republic
sought to restore the state’s dominance over the groups after the weakness of the
previous régime. To a degree they succeeded in this: Wilson, for example, considers
the régime change of 1958 to have had a radical impact on group behaviour in France.
The downgrading of parliament dried up formerly fruitful avenues of co-operation
between groups and important Deputies or Senators. Because groups like to ‘shoot
where the ducks are’, many turned their attentions to the newly powerful executive –
which colluded with some while shutting out others. But change in the structure of the
French state did not stop in 1958; on the contrary, it has accelerated since the 1980s,
and has been paralleled in the configuration of French groups.
On the state side of the balance, political changes have been threefold: the surrender
of parcels of sovereignty to Europe; the emergence of a more independent judiciary;
and decentralisation. All are considered more fully in other chapters. All, on the prin-
ciple of shooting where the ducks are, have encouraged groups to mobilise in new areas
– Brussels, the courts, local and regional authorities – without, however, abandoning
Paris. Europe, moreover, threatened the potential break-up of entrenched policy com-
munities if their basis was purely national, especially as competition policy began to bite;
and it introduced an alien culture of implementation, less tolerant of the Tocquevillian
tendency to bend rules to specific cases. All of these developments weakened the
Jacobin state of de Gaulle’s day. So did the retreat from dirigisme, which meant it could
no longer steer the French economy as it had still been able to in the de Gaulle and
Pompidou presidencies. So did slower growth and higher unemployment, which meant
greater social demands on the state and (relatively) less money to address them. So did
the wider disenchantment with France’s economic, administrative and business elites
by the 1990s, all of them more or less tainted with scandal and economic failure. The
Juppé episode in 1995 showed how unreceptive the French had become towards heroic
346 The state and the pressure groups
leadership. Governments came to need groups more – to legitimate policy – but because
of their straitened circumstances had less to offer them in exchange.
The state’s loss of power vis-à-vis the groups did not automatically entail the groups’
gain. Indeed, traditional mass groups, unions in particular, were affected as much as the
state and political parties were by declining public trust in almost any big established
organisation. A survey in 1989, for example, showed that only 29 per cent of respond-
ents trusted an established union to defend their interests at work. The collapse of
communism also had an impact on unions. In particular, it deprived the CGT of a
central mobilising myth, and damaged it as the PCF tried – to the annoyance of
members and increasingly of leaders too – to use it as an organisational prop.
In the longer term it also meant that Wilson’s view, formulated in the early 1980s, about
the absence of basic consensus among groups about the rules of the game (especially
the legitimacy of capitalism) became somewhat less true, although revolutionary aspir-
ations have not wholly disappeared from France’s interest groups. In addition and
rather obviously, rising unemployment weakened the bargaining power of unions in the
private sector (though not in the job-secure fonction publique) – and increased that of
private business, the necessary provider of the jobs on which the election prospects of
any government since the 1980s have come to depend.
It would be quite false, however, to conclude on the basis of the above that an
enfeebled state is matched by anaemic groups. We have observed, in particular, how
vigorously associations in France have expanded and proliferated, and how new social
movements have mobilised, especially since the 1980s, on a variety of new fronts and
with some success. Other studies have elucidated some of the nature of this mobilisa-
tion. It has, in many cases, taken the place of support for and membership of political
parties, which have declined continuously for some twenty-five years; political activism,
especially among the young, is undiminished but finds different outlets. And as
researchers like Jacques Ion have shown, in a more individualistic society, styles of
activism have changed. Group membership is not a lifetime commitment. Rank-and-
file group members demand more consultation from leaders, and tend to mobilise for
shorter periods on more specific and concrete causes, the importance of which has been
clearly demonstrated to them.
Typical traits of all four models outlined above may be discerned in France, but in
different proportions in different sectors. Like the rest of government, the relationship
between the fragmented state and the no less fragmented groups during the Fifth
Republic is complex, intrinsically untidy and constantly changing. At the same time
there are signs that developments since the 1980s have tilted the balance of state–group
relations in France in the direction of pluralism. It is pluralism with a difference, or
rather several. First, as in other societies, it is an asymmetrical pluralism in which
business and its organisations, without getting all they want, still wield disproportion-
ate strength. Second, it is unusual in the (partial, but still significant) blocking power
held by public-sector unions, seen repeatedly over the decade beginning in 1995. Third,
all parties may still bring much older habits to the pluralist table. The distinctive traits
so persuasively noted by Tocqueville, though never amounting to the whole picture,
have had a way of reappearing across generations in very different environments. The
state authorities can still be high-handed and oblivious to group demands to the point
where they are accused of ‘autism’. Groups, new and old, can still be maximalist,
fragmented and ideological. The assumption that any successful negotiation must be
preceded by a large-scale, often disruptive, show of strength remains deeply ingrained
The state and the pressure groups 347
among the groups and widely supported among the population as a whole. Groups that
seek, like the CFDT, to acknowledge real but unpalatable difficulties (such as the exist-
ence of a potential pensions crisis) and to negotiate on that basis, will always find rivals
ready to outbid them. Thus while the supposed weakness of civil society in France,
central to Tocquevillian models, is at least questionable, the capacity for positive
engagement between civil society and the state remains very uneven. Groups, for that
reason, are hampered in their capacity to build effective links between the French public
and their government (and indeed may not aspire to do so). These tendencies pose
rather obvious problems for French public policy. As Ezra Suleiman remarked in 1995
and as the polls cited at the beginning of Chapter 10 show, the French state has never
been so condemned by its citizens, or so much in demand. Without the effective support
of at least some bodies within civil society, whether among groups or parties, it is
doomed to disappoint.
Further reading
Adam, G., Le pouvoir syndical, 2nd edition, Paris, Dunod, 1983.
Adam, G., Les relations sociales année zéro, Paris, Bayard, 2000.
Appleton, A., ‘The New Social Movement phenomenon’, in R. Elgie (ed.), The Changing French
Political System, London, Frank Cass, 2000.
Archambault, E., Le secteur sans but lucratif: associations et fondations en France, Paris,
Economica, 1996.
Aubert, V., Bergounioux, A., Martin, J. and Mouriaux, R., La forteresse enseignante: la Fédéra-
tion de l’Éducation Nationale, Paris, Fayard, 1985.
Bard, C., Baudelot, C. and Mossuz-Lavau, J. (eds), Quand les femmes s’en mêlent, Paris, La
Martinière, 2004.
Barthélemy, M., Associations: un nouvel âge de la participation?, Paris, Presses de Sciences Po, 2000.
Bauer, M. and Cohen, E., Les grandes manœuvres industriels, Paris, Belfond, 1988.
Berger, S., Peasants against Politics: Rural Organizations in Brittany, Cambridge, MA, Harvard
University Press, 1967.
Capdevielle, J. and Mouriaux, R., Les syndicats ouvriers en France, Paris, Armand Colin, 1973.
Cerny, P., Social Movements and Protest in France, London, Frances Pinter, 1982.
Cerny, P. and Schain, M. (eds), French Politics and Public Policy, London, Methuen, 1980.
Cerny, P. and Schain, M. (eds), Socialism, the State, and Public Policy in France, London,
Methuen, 1985.
Cohen, E., L’État brancardier: stratégies du déclin industriel, Paris, Calmann-Lévy, 1989.
Colas, D. (ed.), L’État et les corporatismes, Paris, Presses Universitaires de France, 1988.
Coulomb, P., Delorme, H., Hervieu, B., Jollivet, M. and Lacombe, P., Les agriculteurs et la
politique, Paris, Presses de la Fondation Nationale des Sciences Politiques, 1990.
Crettiez, X., La question corse, Brussels, Complexe, 1999.
Crettiez, X. and Sommier, I. (eds), La France rebelle: tous les foyers, mouvements et acteurs de la
contestation, Paris, Michalon, 2002.
Duhamel, O. and Méchet, P., ‘Une grève d’opinion’, SOFRES, L’état de l’opinion 1996, Paris,
Seuil, 1996, pp. 33–48.
Duyvendak, J.-W., The Power of Politics: New Social Movements in France, Boulder, CO,
Westview Press, 1995.
Ehrmann, H., Organized Business in France, Princeton, NJ, Princeton University Press, 1957.
Favre, P. (ed.), La manifestation, Paris, Presses de la Fondation Nationale des Sciences Politiques,
1990.
Geay, B., Le syndicalisme enseignant, Paris, La Découverte, 1997.
Giuliani, J.-D., Marchands d’influence. Les lobbies en France, Paris, Seuil, 1991.
348 The state and the pressure groups
Hayward, J., The State and the Market Economy, New York, Harvester Wheatsheaf, 1986.
Ion, J., La fin des militants?, Paris, l’Atelier, 1997.
Jobert, B. and Muller, P., L’état en action: politiques publiques et corporatismes, Paris, L’Harmat-
tan, 1987.
Keeler, J., The Politics of Neocorporatism in France: Farmers, the State, and Agricultural Policy-
Making in the Fifth Republic, Oxford, Oxford University Press, 1987.
Kesselman, M. and Groux, G. (eds), Le mouvement ouvrier français: crise économique et
changement politique, Paris, Editions Ouvrières, 1984.
Labbé, D., Syndicats et syndiqués en France depuis 1945, Paris, L’Harmattan, 1997.
Lamarque, G., Le lobbying, Paris, Presses Universitaires de France, 1994.
Levy, J., Tocqueville’s Revenge: State, Society, and Economy in Contemporary France, Cambridge,
Mass., Harvard University Press, 1999.
Marie, J.-L., Agriculteurs et politique, Paris, Montchrestien, 1994.
Mouriaux, R., Les syndicats dans la société française, Paris, Presses de la Fondation Nationale
des Sciences Politiques, 1983.
Mouriaux, R., Les syndicats face à la crise, Paris, 1986.
Mouriaux, R., Le syndicalisme en France depuis 1945, Paris, La Découverte, 1994.
Mouriaux, R., Histoire de la CGT, Brussels, Complexe, 1995.
Mouriaux, R., Le syndicalisme en France, Paris, Presses Universitaires de France, 1997.
Mouriaux, R., Crises du syndicalisme français, Paris, Montchrestien, 1998.
Nelkin, D. and Pollack, M., The Atom Besieged: Extra-parliamentary Dissent in France and
Germany, Cambridge, MA, 1982.
Neveu, E., Sociologie des mouvements sociaux, Paris, La Découverte, 1996.
Offerlé, M., Sociologie des groupes d’intérêt, Paris, Montchrestien, 1994.
Ottenheimer, G. and Lecadre, R., Les Frères invisibles, Paris, Albin Michel, 2001.
Rand-Smith, W., Organizing Class Struggle in France: Grassroots Unionism in the CGT and the
CFDT, London, Macmillan, 1986.
Rand-Smith, W., Crisis in the French Labour Movement, London, Palgrave Macmillan, 1987.
Reece, J., The Bretons against France: Ethnic Minority Nationalism in Twentieth-Century Brittany,
Chapel Hill, NC, University of North Carolina Press, 1977.
Schmidt, V., From State to Market? The Transformation of French Business and Government,
Cambridge, Cambridge University Press, 1996.
Schmitter, P., ‘Still the century of corporatism?’, Review of Politics, 36 (1974), pp. 88–102.
Segrestin, D., Le phénomène corporatiste: essai sur l’avenir des systèmes professionnels fermés en
France, Paris, Fayard, 1985.
Shackleton, M., The Politics of Fishing in Britain and France, Aldershot, Gower, 1986.
Suleiman, E., Les notaires: les pouvoirs d’une corporation, Paris, Seuil, 1987.
Waters, S., Social Movements in France: Towards a New Citizenship, Basingstoke, Palgrave
Macmillan, 2003.
Weber, H., Le parti des patrons. Le CNPF, 1946–1990, 2nd edition, Paris, Seuil, 1991.
Wilson, F. L., Interest-Group Politics in France, Cambridge, Cambridge University Press, 1987.
12 Paris and the provinces
The post-Jacobin state
Relations between France’s capital city and the provinces have often varied between
uneasy coexistence and open warfare. Traditionally, Paris was depicted as the malevo-
lent centre of revolution which, in 1789, 1814–15, 1830, 1848 and 1871, disturbed
the contented and peace-loving provincials. It was also portrayed as the diabolic pur-
veyor of those modish doctrines and timeless temptations which undermined the
austere virtues of provincial life, and as a harlot whose mindless frivolity had brought
the country at least once (in 1870) to the brink of humiliating disaster. Paris was, in
short, a politically turbulent Babylon, resented all the more because of its political,
administrative, intellectual and cultural dominance over the rest of the country.
But the Jacobins who fashioned the First Republic and who bequeathed most of
their institutions and many of their attitudes to later régimes did not view the capital in
this lurid light. They saw it as an island of culture, a city of enlightenment, a torch-
bearer of progress assailed by oafish – and reactionary – rural clods, the ignorant
troops of the Church and the chateau. Like the monarchs of the ancien régime, they
imposed centralisation as their means of strengthening the régime against both internal
opponents and external enemies. Napoleon perfected and future régimes consolidated
the centralising work of the Jacobins. Each was uneasily aware not only of its own
fragility but also of the very precariousness of the French national fabric. France is
a country of great geographical and cultural diversity and was created by bringing
together (with the persuasion of axe, sword and musket) peoples as distinct as the
Basques and the Bretons, the Béarnais and the Burgundians, the Alsatians and the
Auvergnats, the Normans and the Provençals. Parts of France such as Nice and Savoy
are recent acquisitions (they were annexed in 1860), and Alsace was twice in the
twentieth century (in 1918 and 1945) taken back from the Germans. Eugen Weber has
estimated that as recently as the 1860s, only half the population of what is now France
350 Paris and the provinces
spoke French as their mother tongue (though universal primary schooling, military
service and railways were to change that after the advent of the Third Republic in
1870). Autonomous sentiments have always been regarded with obsessive suspicion
and crass insensitivity because it was felt that they could lead to the temptation of
secession if allowed to flourish. Centralisation was also the instinctive reaction of
governments to the invasions and military occupations entailed by successive wars, in
1814–15, 1870–71, 1914–18 and 1940–45.
Centralising tendencies were accentuated during the first three-quarters of the twen-
tieth century, for four reasons. First, industrial development, hitherto dispersed in the
provinces, came to Paris and its suburbs. The tertiary sector followed, especially with
the modernising of France’s industrial and financial structures, and the revolution in
communications and the media, after 1945. The capital’s economic, demographic and
cultural dominance was thereby enhanced. By 1975, the Paris region (Île-de-France),
which covers just 2.2 per cent of the territory of mainland France, housed a fifth of the
nation’s population, 35 per cent of its business headquarters and 60 per cent of its
research scientists (as well as almost all of its actors and its few decent musicians).
Second, the brief experience of rule from outside Paris – in 1940–44, when the German
occupiers shifted the seat of France’s residual government to the little spa town of
Vichy – provoked a reaction in favour of the capital among the framers of the Fourth
Republic’s Constitution, for whom Vichy innovations like regions smacked of
collaboration with the enemy. Third, the post-war rise of big government led the French
state both to grow at the centre and, partly out of respect for the egalitarian aspirations
of France’s political culture, to impose minimum standards in politically sensitive
areas such as education, housing and health on the localities responsible in various
ways for administering them. Fourth, the Gaullists who shaped the Fifth Republic were
at least as Jacobin in their instincts as the Socialists and Christian Democrats who had
founded the Fourth. For President de Gaulle’s first prime minister, Michel Debré,
centralised state authority was essential to combat not only powerful ‘professional
feudalities’, those major groups which threatened the ‘general interest’ by the pursuit
of their selfish, particular goals, but also provincial threats to the ‘one and indivisible
Republic’.
Yet even at its Gaullist High Noon, French centralism met with resistance, in four
forms. The first of these was the local political system itself, increasingly stable, well
rooted and largely impervious for a century or so to the convulsions that periodically
seized France’s national polity. The second was the vogue for self-management (auto-
gestion), and the corresponding disillusion with central state planning, that were part of
the fallout of May 1968. The third was the regionalist movements in such areas as
Brittany and ‘Occitania’ (roughly, south-western France), which turned leftwards at the
same period after flirting with Fascism and collaboration a generation earlier. The
fourth was the left-wing parties. The Communists and Socialists, out of office nation-
ally for a generation after 1958, but increasingly powerful at local level, unsurprisingly
discovered the virtues of local and regional autonomy in relation to an invasive Parisian
bureaucracy. Perhaps slightly more remarkable was that François Mitterrand, having
led his Socialists into office in May 1981, placed these concerns at the heart of his first-
term plans. Decentralisation was not only proclaimed as la grande affaire du septennat;
as early as March 1982, what became known as the Defferre Act opened a cascade of
measures which gave it far-reaching, concrete, legislative form.
Decentralisation remains Mitterrand’s major institutional legacy. However, the
Paris and the provinces 351
pre-1982 system was rather less centralised than was often claimed, and his decentral-
isation reforms did not set free the localities quite as much as is often supposed.
Hence the widespread assumption that there remained unfinished business, and the
announcement by Prime Minister Raffarin of ‘Decentralisation Act II’, beginning with
a constitutional amendment in 2003. The debate about decentralisation and local
government in France is not, however, merely about institutional tinkering, or the
ancestral mistrust (however lively) between Paris and the provinces. It touches on
some of the most critical issues confronting contemporary French policy-makers: how
to attract international investment and to encourage small and medium firms to grow
and innovate; how to improve education and training within a knowledge economy;
how to reclaim rundown and lawless suburbs for the local and national community;
how to breathe new life into France’s emptying countryside; how, finally, to place
regional development within a European context. Before considering these points in
more detail, it is worth looking briefly at the main institutions and the actors at local
and regional level.
Table 12.1 Local budgets, 1984 and 2001 (in billions of euros, constant at 2001 levels)
1984 2001 1984 2001 1984 2001 1984 2001 1984 2001
Income
Taxes 20.9 38.7 11.5 21.7 2.0 7.4 2.5 10.4 36.9 78.1
Loans 6.8 7.3 2.6 3.5 0.6 1.8 2.4 3.1 12.5 15.7
Grants 18.6 22.0 11.0 12.6 0.8 4.1 5.1 10.4 35.5 49.1
Other 6.4 9.0 0.8 1.2 0.1 0.4 3.4 7.3 10.6 17.9
Total 52.7 77.0 25.9 39.0 3.5 13.7 13.4 31.2 95.4 160.8
Spending
Current 35.0 51.5 18.6 24.3 1.3 6.2 6.4 18.6 61.3 100.5
(including 4.1 2.9 1.3 0.8 0.2 0.4 1.9 1.0 7.4 5.1
interest
on loans)
Investment 16.1 25.6 6.2 14.9 2.0 7.6 6.5 12.7 30.8 60.7
(including 2.7 7.8 1.1 6.0 0.1 2.0 0.8 3.3 4.7 19.1
capital
repayments)
Total 51.1 77.0 24.8 39.2 3.3 13.7 12.9 31.3 92.1 161.3
Source: Calculated from Ministère de l’Intérieur, Les collectivités locales en chiffres, 1987 and 2004.
Paris and the provinces 353
• The regional prefect is a recent creation, dating only from 1959. His headquarters is
Paris and the provinces 355
in the principal town of the region’s main département, and he remains the prefect
of that département. His powers were defined in measures enacted in June 1960,
March 1964, July 1972, March 1982 and February 1992. His main task is to give
cohesion to administrative planning, particularly in the area of economic planning.
To that end, he must co-ordinate and direct the work of the prefects in each dépar-
tement. He is helped by a regional mission, a group of young civil servants who
advise him and execute his decisions, and a regional administrative conference
which brings together, about every month, the prefects of each of the region’s
départements, the regional representative of the Finance Ministry, and appropriate
members of the field services of the Paris ministries. Although he lost his role as the
region’s chief executive to the president of the regional council in 1986, he may
address the regional council with the agreement of its president or at the request of
the prime minister.
In principle, the regional prefect, together with elected officials, has lent a
regional coherence and rationality to local investment policies. The Joxe Act of
February 1992, for example, required him to co-ordinate government policy across
the region in the areas of culture, the environment, rural development and urban
policy. In practice, he has often become one of the main agents for articulating the
grievances of the départements and for transmitting to Paris economic packages
bearing the marks of traditional incrementalism – though repeated legislation has
gone some way to enhancing his authority over notional subordinates.
• A prefect is appointed for each of France’s ninety-six metropolitan départements,
and a subprefect for each arrondissement. Though the prefect can trace his ancestry
to the intendant of the ancien régime, he is essentially a creation of the Napoleonic
era, and his official roles have not changed dramatically since then. They may be
considered under four headings.
First, the prefect is the representative of the state in the département, the
personification of state authority, the living embodiment of the one and indivisible
Republic. He has an official uniform, a sumptuous official residence (the hôtel de la
préfecture) in the main town of the département, an official car and sometimes
princely living expenses (a partial compensation for a salary which prefects
consider meagre by private-sector standards). He is assisted by a cabinet and by
a prefecture staff numbering anything from 100 to 800, depending on the size
of département. He receives all visiting dignitaries and presides over all major
ceremonies, and represents the state in its dealings with the local authorities.
Second, he is the representative of the government in the département, with the
task of supervising and co-ordinating the work of the field services of the Paris
ministries (with the exception of some parts of the work of Defence, Justice,
Finance, Education and Labour, which escape his official jurisdiction) and he
ensures that law and governmental directives are implemented. His role as the
‘overlord’ of the field services in the département was laid down in unambiguous
terms in acts of March 1964, March 1982 and February 1992.
Third, he is the main agent of the Interior Ministry in the département, and, as
such, is responsible for taking action against local authorities guilty of illegality or
financial abuses. He also directly supervises those field services of the Interior
Ministry responsible for the maintenance of law and order. He has the right to ban
a film, a demonstration or a procession if he feels it is likely to be prejudicial to
public order. Finally, the prefect organises elections. He was formerly seen as the
356 Paris and the provinces
main electoral agent of the minister of the interior in particular and the governing
majority in general, and although there is no doubt that this aspect of his work has
declined, his post remains politically charged. Like an ambassador, the prefect is
expected to write regular reports on the political situation in his posting. He may
also give advice, information and warnings to pro-governmental candidates. And
the regular game of prefectoral musical chairs (with some prefects, inevitably, end-
ing up unseated) that has followed the major changes of government since 1981
testifies to the political sensitivity of the post: as many as fifty prefects were moved
on within a year of the Right’s return to power in 2002. But the overt intervention
in election campaigns typical of earlier years is now recognised as personally
imprudent and politically counterproductive.
Until March 1982, the prefect was also the chief executive officer of the conseil
général of the département, a role he has now lost to the president of the council.
But the prefect retains a key position in the local political and administrative
systems, at the intersections between centre and periphery, between national and
local politics, between politics and administration, and between different territorial
branches of the state services. This makes his co-operation essential for the plans of
the conseil général and its president to be furthered. It is also revealing that several
local authorities have recruited members of the prefectoral corps to head their
administrative services.
The pre-1982 picture thus appears a sombre one, with innocent and virginal prov-
inces assailed and violated by a brutal and insensitive capital. In truth, however, the
situation was much less melodramatic, and infinitely more complex.
Table 12.2 Notables in the National Assembly, 1978, 1988 and 2002 (metropolitan France only)
and his three presidential successors were or later became local elected officials. The two
Socialist mayors, Mauroy of Lille and Defferre of Marseille, who coined the term ‘le
régime des préfets’, were themselves known to their critics as the Count of Flanders and
the Duke of Provence. As (respectively) prime minister and interior minister after 1981,
they would work to give institutional expression to the very great quasi-official powers
that they and their like had accumulated (to the extent, indeed, that Defferre gave his
name to the first wave of decentralisation reforms).
For there is no doubt that such grands notables were very powerful men indeed. Their
standing might be enhanced by governmental office. Under Pompidou’s presidency, for
example, the most influential individual in the département of the Morbihan was not
the prefect but Raymond Marcellin, president of the conseil général – and minister of
the interior (the prefect’s hierarchical head). But grands notables could just as easily be
opposition politicians; no prefect could overlook the fact that Mauroy was the political
boss of the Nord département, Defferre of Bouches-du-Rhône, or François Mitterrand
of the Nièvre. Their power rested to a great extent on the cumul, and on the resulting
opportunities to intervene at all levels of the administration, from the commune
through départements and regions right up to Paris. This allowed the grand notables not
only to attract resources to their own town or canton, but also to build networks of
clients who would also benefit from their interventions. Such clients might be local
elected officials of their own party, but might also be mayors or councillors from other
parties, or even members of the administration. This meant that, if the support of a
grand notable did not guarantee the success of an undertaking, his hostility almost
invariably spelt its failure.
Paris and the provinces 363
The limitations on prefectoral power
The power of the prefects was exaggerated and its nature misunderstood. Before 1982,
a prefect exercised, in theory, regulatory and discretionary powers which enabled him to
supervise the activities of local authorities closely. In practice, however, his power was
always circumscribed in several important ways. First, his freedom of initiative and
discretion were increasingly limited by a network of rules and regulations devised in
Paris and by a body of administrative law, evolved under the guardianship of the
Conseil d’État. Second, most prefects had neither the time, the technical expertise, the
qualified staff nor the inclination to supervise the work of the field services. The March
1964 reforms, designed to assert the prefect’s authority as ‘overlord’ of the administra-
tion in départements, therefore proved largely ineffective. Third, the prefect had little
control over many pressure groups or big industrial concerns which had their head-
quarters in Paris and negotiated with the bureaucracy there. Fourth, rapid prefectoral
turnover, fuelled by political rivalries in Paris (for example, by Giscard’s wish to weed
out Gaullist sympathisers) but also by the prefects’ own ambitions to move on to more
lucrative and prestigious postings, meant that a typical prefect was perpetually caught
in a revolving door, with little time to become acquainted with local people and prob-
lems. Fifth, all of these factors diminished the prefects’ authority in dealing with locally
entrenched notables. Local patronage had long since been expropriated by the notables,
particularly those who also sat in parliament. In the absence of a strong party system,
governments in Paris bought parliamentary favour by granting individual Deputies and
Senators the right to distribute local manna to their constituents. The notables were also
consulted over the appointment, promotion and dismissal of prefects in their constitu-
encies – a fact that few prefects were allowed to forget. In relation to such individuals,
the array of formal controls exercised by prefects, for example over local budgets,
remained all but unusable.
The structure of central–local relations before 1982 was a complex one, with much
scope for variation on the ground between different local authorities according to
relations between individual notables, state technical services, prefects and Parisian
ministries; the size of the communes, départements and regions concerned; the quality
of the technical services under the control of each player; and the electoral stakes of
individual issues. The legalistic view, characterised by a dominant central state and
subordinate localities, was challenged from the 1960s by observers like Jean-Pierre
Worms, who analysed the relationship between the prefect and ‘his’ notables as one of
mutual interdependence. If the mayor needed his prefect’s co-operation to further his
projects, the prefect also needed that of the mayor to help avoid local unrest and ensure
a successful tour of duty and thus subsequent promotion. The two often shared defen-
sive roles, especially in their relations with the field services, the pressure groups and the
Paris bureaucracies. And each might need the other as a scapegoat to explain lack of
success. Scholars like Jean-Claude Thoenig then extended the analysis beyond the
mayor–prefect duo, and depicted the various actors as linked in a ‘honeycomb struc-
ture’, characterised by mutual interdependence and ‘conflictual complicity’, with no
player holding all the cards, and each being obliged to seek conciliation and comprom-
ise to fulfil his aims. Since there were also incentives to seek intervention and arbitration
at a higher level, the system was underpinned by a centralist logic. While this model
captures the subtlety of the system as it developed, its tendency to stress immobility and
blocages passes by three of the more attractive features of the French local system. The
first of these was the relatively healthy state of local democracy, to judge by voter
turnout – at least 74 per cent for every municipal election from 1945 to 1977, and 65 per
cent or more for cantonal elections. Second, even at its most ‘centralist’, the system
offered both unrivalled opportunities for participation in local government (roughly
one French adult in eighty is a local councillor) and a visible, accessible, channel for the
transmission of grievances, in the person of the mayor. Third, the notion of blocages
366 Paris and the provinces
was belied by the dynamism and energy displayed by members of France’s local elites
in the 1970s – who not only complained about excessive centralisation, but also
intelligently circumvented the phenomena they denounced.
The decentralisation reforms reflected their criticisms, and swept aside texts that had,
at least on paper, enshrined local subordination. But the reforms also bore the marks of
the practices the notables had developed before 1982. In that sense, they also showed
important elements of continuity with the past.
The Socialists showed great determination and not a little courage in their decentral-
isation programme, which was pursued despite pressing priorities elsewhere and a busy
parliamentary agenda. Moreover, local election results ensured that the Right would
benefit first from decentralisation: the RPR–UDF alliance won 31 towns of over 30,000
inhabitants from the Left in 1983, and 14 presidencies of conseils généraux (bringing
their total to 69 out of 96) over the two cantonal elections of 1982 and 1985. Aside from
the short-term damage to the Socialists, however, these results had a longer-term
advantage: decentralisation, which the Right had fought in the parliamentary debates
of 1981, rapidly became the object of a cross-party consensus, at least on the general
principles. It also reinforced the local and regional authorities as lobbies. If the Associ-
ation of French Mayors is a venerable and widely respected institution, it was now
flanked by associations for city mayors, rural mayors, and the presidents of councils for
the départements and regions. Such associations did not always see eye to eye with one
another. In particular, there has been a continuing debate between traditionalists, anx-
ious to reinforce the established authorities of communes and départements, with the
state at the peak, and modernists, whose attention is more concentrated on regions and
on intercommunal structures, with a livelier attention to the opportunities offered by
neighbouring states and by Europe. But the associations had two things in common.
One was excellent links, thanks to the cumul des mandats, with parliament and govern-
ment. The other was a general view that decentralisation was unfinished business, in
need of further adjustment if not of new wide-ranging reforms.
Defferre to Jospin
The further reforms undertaken between the Left’s victories in 1986 and its defeats in
2002 clearly fall into the category of adjustment rather than wide-ranging reform. In at
least one case, however, the effects have been far-reaching.
• One series of initiatives can be viewed as going against the spirit of decentralisa-
tion, especially in the areas of finance and urban planning, and posed the dilemma
of the intrinsic value of local autonomy in the face of what are viewed as important
national objectives. The national priority in question was the desperate situation
of France’s deprived urban areas, with a sometimes explosive combination of
unemployment, rundown housing, racial tension, drug-dealing and other crime,
which was seen both as having an intrinsic national dimension (threatening the
disintegration of France’s social fabric) and as being beyond the power of the
communes concerned, often dormitory suburbs with exiguous tax bases, to tackle.
With scarce resources to underwrite what was known as the politique de la ville (but
was in fact more directed to rundown suburbs), the Socialist governments of the
early 1990s introduced measures to redistribute resources between richer and
poorer municipalities (a reform accepted with ill grace by mayors who saw their
communes’ wealth as a sign of their own fiscal virtue). In addition, the 1991 Loi
d’orientation sur la ville provided for 400 priority action zones: these were selected
Paris and the provinces 369
in Paris, and the task of setting up multidisciplinary action teams there was given
to subprefects. But significant parts of the 1991 law remained without implementa-
tion decrees. Similar urban policy concerns therefore also prompted the Jospin
government, in 2000, to pass a Loi sur la Solidarité et la rénovation urbaine, which
obliged all communes to ensure that at least 20 per cent of housing units on their
territory were HLMs (subsidised low-cost units). It also built in financial penalties
for communes that failed to have a plan to achieve this goal ready within three
years, and even allowed prefects to curtail the rights of those that had not co-
operated to exercise their right of pre-emption on local land. Again, what was
viewed as a national problem – the housing shortage in many major cities – was
seen as justifying the curtailment of the freedom of mayors to plan a housing mix
as they saw fit.
• One of the major lacunae of the Defferre laws, in the view of some (though quite
rarely of mayors) was the lack of provision to enhance direct public participation
in local government. A very partial remedy to this was attempted in a law of 1992,
which allowed local authorities to hold referenda on a purely consultative basis. On
the whole this was an embarrassment: of the few that were held, several concerned
the presence of immigrant populations or the construction of mosques. A further,
if partial, reinforcement of local democracy came with a law passed three months
before Jospin’s defeat in 2002 that required all communes of over 80,000 inhabit-
ants to set up a network of neighbourhood councils and a public services users’
committee, both of them consultative.
• There were also repeated attempts to handle the intractable Corsican problem. A
law of 1991 transformed the island from an ordinary region into a ‘territorial
collectivity of special status’ with somewhat broader powers. The July 2000 agree-
ment on the island’s future, which attracted a broad consensus of support in the
Corsican assembly, allowed some limited rights, on an experimental basis till 2004
(after which they would be confirmed by a constitutional amendment), for the
assembly to adapt national legislation to the island’s ‘specificities’. The agreement
also provided for the teaching of Corsican in the island’s primary and secondary
schools, as well as for generous subsidies and tax concessions to compensate for
what is claimed to be Corsica’s backwardness in transport and other infrastructure.
Widely criticised outside the island as representing concessions to the terrorists
who had assassinated the regional prefect of Corsica as recently as 1998, and as a
threat to the French language and to the unity of the Republic, the Matignon
agreements also fell foul of the continuing violence on the island and then of
the Left’s defeat. Raffarin’s first interior minister Nicolas Sarkozy attempted
another line of reform that would have simplified the top level of Corsican gov-
ernment into a single assembly. This project also failed, after a narrow no result in
the referendum of 2003. With its 260,000 inhabitants, Corsica therefore retains its
territorial assembly and two départements, as well as 960 communes.
• The Jospin government also enacted a further limitation to the cumul des mandats,
on the principle first that with decentralisation, local and regional leaders did not
need to be parliamentarians as well to make their views felt, and secondly that
above a certain level, a single elective office amounts to a full-time job. Opposition
from the Senate prevented measures as wide-ranging as the government would have
wished, but the law of 2000 bans Deputies and Senators from being MEPs at the
same time; from holding more than one executive office (as president of a region or
370 Paris and the provinces
a département or as mayor); nor can they hold more than one post as a councillor
(for a region or a département or a commune of over 3,500 inhabitants).
• Probably the most important legislation to come out of this intermediate period,
however, was the encouragement given to intercommunal co-operation by laws in
1992 and 1999. They instituted a permanent committee on intercommunal co-
operation in each département, and, more importantly, created new and more
ambitious intercommunal structures. By the early twenty-first century, the fastest-
growing forms of grouping were those with the broadest delegation of powers and
a common business tax: the communauté urbaine for large urban areas (there were
14 by 2003, 9 of them in conurbations of over 100,000 inhabitants); the com-
munauté d’agglomération for medium-sized towns (of which 143, grouping 2,441
communes, were set up in the four years after legislation created this type of group-
ing in July 1999); and the rural communauté de communes, of which 2,195, taking in
26,907 communes, existed at the beginning of 2003. By this stage, some 29,754
communes, with a total of nearly 49 million inhabitants – 84 per cent of the
population of France – had joined one of these types of intercommunal grouping.
These were more constraining than the old syndicates formerly favoured by most
communes. To join a communauté d’agglomération, for example, contracting com-
munes had to exercise powers jointly in economic development, planning and
transport, housing and social policy, as well as in at least three of a further basket
of policy areas including roads and parks, water, rubbish disposal, culture and
sport, and the environment. The spread of intercommunality was partly due to the
financial incentives offered by the state: from 27 euros per inhabitant for a com-
munauté de communes to 72 euros for a communauté urbaine, or additional funding
in excess of 15 per cent. It was also seen by local actors as a pragmatic answer to
problems of local government fragmentation. Most remarkably, perhaps, the new
groupings involve joint taxation. In 934 of them, representing 35.4 million inhabit-
ants at the start of 2003, the taxe professionnelle was pegged at an identical
level across the contracting communes within each community. This had the obvi-
ous advantage of preventing mayors from engaging (as they had in the past) in
beggar-my-neighbour policies, offering unduly low local corporate taxes to attract
all-important businesses.
Intercommunal co-operation has been a practical answer to some of the difficul-
ties entailed by excessive local authority fragmentation. Within that general per-
spective, as Hervé Michel remarks, different actors have tried to use it for a variety
of strategic purposes: to extend and control territory (for large central towns); to
acquire financial security (for hard-pressed dormitory suburbs); to seek security in
numbers under the leadership of the conseil général (for rural communes). Interest-
ingly, a small number of mayors, like Alain Lamassoure of Anglet or Martin
Malvy of Figeac, have chosen to resign from their mayoral office in order to com-
mit themselves to the presidency of their communautés – a clear sign of where they
felt the substance of municipal power to be gravitating.
These more or less piecemeal reforms did not alter the widespread view that
decentralisation remained incomplete. It was in this context that the Jospin government
commissioned one of the architects of the 1982 laws, the mayor of Lille (and former
prime minister) Pierre Mauroy, to suggest possible future measures. Mauroy’s report,
from which the right-wing minority on his commission dissented, covered four main
Paris and the provinces 371
areas: the direct election of the councils that run intercommunal groupings; the possible
consolidation of France’s regions into ten or a dozen larger units; the replacement of
the two main local taxes, the taxe d’habitation on households and the taxe profession-
nelle on firms, by sources of revenue that were fairer than the former and less punitive
to business than the latter; the clarification of the respective competences of France’s
three levels of subnational government, with a view to avoiding the confusion of
responsibilities that had prevailed since 1982. This would probably have been the
agenda for a Jospin presidency. Chirac and Raffarin had somewhat different priorities,
but were equally committed to a broad new decentralisation initiative.
Subsidiarity
Subsidiarity – the redistribution of decision-making to the lowest possible level of
government, to ensure proximity of decisions to the people affected by them – was
achieved partially and was vulnerable to legislative reversal. Indeed, observers such as
Yves Mény have argued that for its main beneficiaries, the mayors of big cities,
decentralisation did no more than give official blessing to the unofficial but widespread
practices of the pre-1982 era (perhaps unsurprisingly, since the major architects of
decentralisation, Gaston Defferre and Pierre Mauroy, were both city mayors). The
mayors of small rural communes, on the other hand, lack the financial and technical
resources to take advantage of their new freedoms; few communes of 800 inhabitants
can run to more than four employees in total. Such communes often rely on state
officials to prepare their budgets (indeed, the Trésorier-Payeur Général was given the
duty in 1988 of vetting and passing the accounts of communes of under 2,000 inhabit-
ants); they refer their acts to the prefecture in advance of publication to verify their
legality, having no legal services to do this themselves; they rely on outside technicians
378 Paris and the provinces
(though these may now come from the département, rather than the state) to prepare
investment projects, and on project-specific subsidies from state, département and
region to implement them. When, as has happened, ministerial field services are shrunk
in the name of decentralisation, the local authorities that depend on them are likely to
suffer.
It has also been argued that what appears to be one of the most tangible signs of real
decentralisation – the fact that local authorities control more money (see Table 12.1) –
may be seen as no more than the acceleration of a tendency, dating from the 1960s, for
France’s central government to place additional financial burdens on local authorities.
According to Interior Ministry figures, the transfer to départements of responsibility for
social assistance and for the upkeep of middle schools (collèges) added some 87 billion
francs (13.26 billion euros) to their annual burden of compulsory spending between
1984 and 1995; the regions’ new role in building and maintaining lycées and managing
vocational training had entailed the transfer of 29 billion francs’ (4.42 billion euros’)
worth of expenses to them over the same period. In other words, an increased role in
implementation did not necessarily mean greater autonomy. The implementation of the
minimum social assistance benefit (revenu minimum d’insertion, or RMI) decided by the
Rocard government in 1988, for example, entailed significant new spending commit-
ments which many départements were reluctant to take on. Similarly, while the expense
of maintaining and building schools has been transferred to the local authorities, crit-
ical aspects of education policy, such as curriculum and staffing, remain firmly in the
hands of central government. Paris may close a rural school, but it is the département
which must then organise and pay for school buses for the children concerned to be
educated further from home. In the area of vocational training, the regions have
had great difficulty in breaking into a policy community that remains dominated by
Education Ministry officials. Most recently, local elected officials have been worried by
announcements from Raffarin’s social affairs minister Jean-Louis Borloo on the need
to expand apprenticeship opportunities, fearing a rise in charges for what is explicitly
marked as a regional responsibility. It might be added that higher spending levels after
decentralisation, though certainly significant, still left France’s regions quite lacking the
financial muscle of their German or Italian counterparts: in 1994 Hesse, Germany’s
fifth largest Land, was spending the equivalent to 19 billion euros, over double the
combined total for all French regions.
If the state still imposes new constraints on local authorities, it also preserves at least
some of the means to ensure local implementation of priorities defined in Paris. The
prefects, though dispossessed of crucial powers as chief executives of départements and
regions, retain other sources of authority and influence. They may require départements
to engage spending to further the objectives of the RMI, or to prepare plans for the
sorting and recycling of household waste; they may, under the law of 2000, order
recalcitrant communes to build low-cost housing units to meet the minimum require-
ment of 20 per cent. More importantly, perhaps, they remain the key point of
articulation between regional planning and the state, with a crucial role in preparing the
contrats de plan État–région. Their responsibilities in the area of local economic devel-
opment increased as governments’ concerns with unemployment grew – and as prefects
themselves came to see this as a promising area in which to recover some of their lost
influence. Regional prefects chair a Comité Régional de Restructuration Industrielle,
and may recommend fiscal incentives to restructuring projects such as mergers; prefects
of départements also chair a Comité Départemental d’Examen des Problèmes de
Paris and the provinces 379
Financement des Entreprises; they must be consulted by TPGs if a heavy tax bill
threatens to bankrupt a major local firm (and may suggest rescheduling of outstanding
tax debts in consequence); they also dispose of (limited) discretionary funds to assist
local associations for job creation. Subprefects in areas of high unemployment convene
a Comité de Développement Industriel Local. Other state officials in the localities have
also retained important roles. The transfer of ministerial field services has been one
of the slowest aspects of decentralisation to be implemented; ministries that have
remained relatively untouched include not only Finance and Defence (because of their
regalian functions) but also Education and even Culture.
Rationalisation
Rationalisation of local and regional authorities and their competences has been left
largely unachieved because of the incrementalism of the reforms. First, decentralisation
in itself did not address the issue of the fragmentation of France’s communes, and the
resulting weakness of those suffering from depopulation in rural areas, or from the
strains of a worsening urban crisis in many poorer suburbs. Mayors have proved as
allergic as ever to the idea of mergers. The intercommunal solutions outlined above
have certainly proved a useful palliative. But they also pose awkward questions as they
stand. Should they not, to be more effective, control a greater share of their constituent
communes’ resources – whatever the worries of mayors who resent intercommunal
encroachments on ‘their’ tax base? And if they are given, as is now the case, the power
to tax, should they not be directly elected? And if they are directly elected, are the
communes and councils that make up the grouping not superfluous, politically and
administratively?
Second, the reforms have failed to choose between the département and the region;
many commentators viewed the preservation of three tiers of local government as
wasteful of time and resources, especially when a hierarchical relationship between
them is specifically excluded (the 2003 constitutional amendment merely said that for
specific projects, one type of authority may take a lead role on a case-by-case basis).
One of the weaknesses of the Raffarin reforms is said to have arisen from the conflict
(perpetuating the refusal to choose) between a regionalist prime minister and a dépar-
tementaliste president. Nor was there any attempt to remodel boundaries of local
authorities to fit economic or demographic realities: hence the anomalies noted earlier
in the populations of regions and départements. The regions, though reinforced by the
reforms, remained both weak compared with their counterparts elsewhere in Europe
and vulnerable to pressures from big towns and powerful départements on their own
territory. This weakness was compounded by the lack of stable majorities on many
regional councils, owing to their election by proportional representation, giving FN
councillors significant leverage over policy in a number of cases – though this was
remedied (to the Left’s short-term advantage) by the 2003 electoral law. Third, the clear
distribution of responsibilities between different tiers of local government into distinct
blocs de compétences, which was the main justification for the refusal to grant any one
type of local authority hierarchical superiority over the others, has never materialised.
The classic example was that of building and maintaining schools, where municipalities
were supposed to be responsible for the primary level, départements for middle schools,
regions for lycées, as well as for the long-term planning of middle schools, and the state
for universities. In fact, the interrelated nature of educational decisions (and often
380 Paris and the provinces
buildings), certain refinements to the rules, and the inclination of all players to
intervene as and when they saw fit, meant that the allocation of tasks was no clearer
than before. Similar examples could be found in the areas of culture and, above all, of
economic development, where communes, départements and regions are all engaged,
thanks to a generous interpretation of the texts; the result, instead of the comple-
mentarity the reformers hoped for, is often an unseemly and competitive free-for-all.
Fourth, decentralisation was not accompanied by any structural reform of France’s
notoriously archaic local taxation system, which manages to combine gross injustice
(taxes on built and unbuilt land, and above all the taxe d’habitation) with economic
masochism (the taxe professionnelle). Left-wing governments considered replacing the
taxe d’habitation with something more equitable, or at least reassessing its basis, but did
neither, partly from the knowledge that reform would create losers as well as winners.
Raffarin has done rather more about the taxe professionnelle, phasing out its most
objectionable, payroll component as a preliminary to getting rid of it altogether; local
and regional authorities are worried that the receipts from petrol taxes that they
have been promised as compensation will not be enough. Fifth, the major financial
innovation of decentralisation (albeit one begun in the 1970s), the replacement of pro-
ject-specific subsidies by block grants from the state to local authorities, was eroded
after 1990 both by the reappearance of project subsidies and by the redistribution of
funds between local authorities.
Some of the constraints placed on local authorities by central government since 1982
should be interpreted in the light of these failures to reform. The politique de la ville was
necessitated in part by the continued fragmentation of local authorities, while the
piecemeal redistribution of resources between communes and regions palliated the
absence of any serious reform of local finances. These are, in other words, lacunae in
the decentralisation process that invite more action by central, not local, government.
Democratisation
Democratisation, which was presented as an essential justification for the decentralisa-
tion project, has been a marginal element in its implementation. In the first place, local
elites have changed rather slowly. Interior Ministry figures showed that over 60 per cent
of mayors elected in 1989 were over 50 years old (and nearly a third were over 60); the
thinning ranks of farmers (39.5 per cent in 1977, 18 per cent in 2001) were compensated
by the growing numbers of the retired (15.3 to 29.7 per cent over the same period).
Blue- and white-collar workers, over 31 per cent of the adult population, accounted for
less than 9 per cent of mayors. The proportion of women – 10.7 per cent of mayors in
2001, and 10.4 per cent of conseillers généraux – remains derisory, although where
parity legislation has forced it, there has been change in some areas, with 31.6 per cent
of women on municipal councils and 47.6 per cent on those of the regions. A certain
complement of new blood was, it is true, provided at the urban and regional level by
councillors elected from the ranks of educated, salaried professionals, but while this
was a change from France’s traditional local elites, it would be hard to present it as
diversification.
Second, an obstacle to the diversification of elites was the timid limitation placed on
the cumul des mandats by the 1985 act. Table 12.2 testifies to the continued addiction
of France’s politicians to multiple office-holding. Moreover, major notables soon
learnt to circumvent even the modest restrictions of the act by keeping mayoral and
Paris and the provinces 381
parliamentary positions themselves and ensuring that lesser offices were held by their
own political dependents (including wives in several cases). And thanks to the Senate, the
reform of 2000 left the core combination of parliamentarian and mayor largely intact.
Third, decentralisation did little to democratise the inner workings of local and
regional authorities. Indeed, the new powers given to city mayors and to the presidents
of regional councils and conseils généraux led several observers to note that the Fifth
Republic’s original sin – excessive executive dominance – was now reproduced at local
level. The title of Jacques Rondin’s book Le sacre des notables translated a view that
decentralisation merely reinforced the power of those who already had it. The role of
the mayor as the commune’s chief executive, administrative head, majority leader and
assembly president is hardly a recipe for municipal collegiality: it has now been
reinforced by the removal of prefectoral controls, and reproduced at the level of dépar-
tements and regions. Local and regional oppositions have been, with a few exceptions,
ineffective to the point of marginality: none, with the partial exception of Les Verts in
Paris and Île-de-France, has played a major role in uncovering the numerous scandals
that have tainted the record of local government since 1982.
Fourth, decentralisation failed to engage at all promptly with the issue of direct or
neighbourhood democracy that had inspired many urban social movements prior to
the Left’s victory in 1981. Local-level associations, while numerous and growing in
number since 1982, have often suffered from the authorities’ tendency (mirroring that
of the central state) to divide them into two categories: the worthy and subsidised (but
ultimately cannibalised by the local authority) and the untouchable – a practice that
hinders, though has not prevented, the emergence of a vigorous local pluralism. It
remains to be seen how much the two laws of 2002 and 2004 on local consultation will
do to promote it, and the more open and freely debated style of decision-making that
should, in principle, go with it.
Finally, the poor fit between local and regional authorities and their electoral bases
was, if anything, reinforced by decentralisation. The election of conseils généraux by
halves every three years, in cantons still marked by rural over-representation, has
helped to perpetuate low turnout in cantonal elections. The electoral system for regions
hindered the emergence both of stable regional majorities and of strong regional
political identities, at least from 1986 to 2004. That in turn, coupled with the relative
institutional weakness of regions, may help to explain why the major interest groups
have been quite slow to build strong regional-level organisations.
Two symbols, finally, may serve to reinforce the sceptical view of at least the earlier years
of decentralisation. One is the mess made of Édith Cresson’s attempt to transplant
the École Nationale d’Administration from Paris to Strasbourg, which was suspended
after stout resistance from the association of énarques, with the school being split
between the two cities at great expense for over a decade. The second is the architectural
legacy of François Mitterrand, the main artisan of decentralisation: it consists of five
monuments – the Louvre pyramid, the Bastille opera, the arch at La Défense, the
François Mitterrand library, the La Villette music centre – all of which are in Paris.
Local finance
The financial position of local authorities has changed radically, despite the failure to
reform local taxation, in three main ways. First, Table 12.1 testifies to the rapid real-
terms growth of local and regional authority spending. This was considerably faster
than that of the national budget. If local and regional spending rose notably but
unspectacularly from 5 per cent of GDP in 1982 to nearly 7 per cent in 1995, the local
and regional authorities’ share of total non-military public investments in France –
arguably more important in terms of their power to shape the future – grew from some
60 per cent in the late 1970s to 75 per cent twenty years later. The results, in terms of
new administrative buildings, theatres, opera houses, cultural centres, festivals and
orchestras, are visible (and audible) in every French city. Second, the (partial) move
away from project-specific grants and, above all, the greater freedom to borrow from
banks rather than state-run credit institutions have provided incentives for financial
management of considerably greater sophistication in local authorities. The new free-
dom to borrow could have disastrous consequences: the Socialist mayor of Angoulême
had run his city into virtual bankruptcy by 1991. More typical, though, are cases
such as that of Chalon-sur-Sâone, which reduced its working capital needs from the
equivalent of three months’ spending in 1983 to just twenty-four hours’ worth in 1990
(a useful achievement given that local authorities’ spare cash must be deposited in
the Treasury at zero interest), or the thousands of other communes now enabled to
renegotiate old loans or to shop around for the most favourable conditions for new
ones. Third, local and regional authorities increasingly subsidised one another, with
communes more often seeking subsidies from regions, départements and intercom-
munal groupings as well as from the state. Fourth, joint financing has often been set
within a pluriannual, and global, contractual process, a contrat de ville or a contrat de
plan, somewhat on the model of the contrats de plan État–région, involving mutual
commitments to a linked series of projects.
Local policy-making
There is, quite simply, almost no area of domestic policy in France that does not
require, in one form or another, the mobilisation of local and regional authorities.
Often this goes beyond what is planned by legislation. Universities, for example, were
intended to remain under national control under the Defferre laws. In practice, regions
and even towns became increasingly involved. This was partly because central govern-
ment sought to expand the system without financing expansion fully (student numbers
rose by four-fifths during the Mitterrand presidency), but also because local and regional
authorities sought to attract higher education to their territory. The Universities 2000
programme, initiated by Jospin as education minister in 1991, involved local and
regional authorities; the contrats de plan included universities. No initiatives on sustain-
able development, or agriculture, or training, or industrial policy, or tourism, or
policing or even counter-terrorism can afford to ignore local and regional authorities.
A coherent model of the post-decentralisation local system has proved extremely hard
to produce, so much does it resemble a Hobbesian competition for the control of
territory, with few landmarks or fixed rules. One helpful distinction is between different
types of local system: the urban, centred on big municipalities, enjoying considerable
autonomy thanks to their large budgets and numerous, technically competent and
specialised staffs; the rural, centred on small communes lacking such resources and
dependent on outside help; and possibly also an intermediate system, centred on
medium towns, neither wholly dependent on outside partners nor wholly autonomous.
Second, within each system will be found varying patterns of conflict and co-operation.
Mayors of major cities, for example, may vie for regional supremacy with presidents of
regional councils – but each side may depend on the other’s co-operation to realise a
major project. Small rural communes may solicit the co-operation of the state’s field
services to escape the technical tutelage of the département, or vice versa, or may seek
the prefect’s support against both, or the support of all three against the ambitions of
Paris and the provinces 385
city mayors. Rural communes may also be courted by leaders of regions anxious to
extend their sphere of influence. In all of these cases, intercommunal co-operation
arrangements and their leadership have been an increasingly important stake.
Third, the pattern of conflict and co-operation varies from region to region, depend-
ing on rivalries that may be traditional (as the centuries-old conflict between Le Havre
and Rouen), economic, political (with notables of the same party typically being the
worst enemies) or even personal. Fourth, no account of the local system that stops at
these institutional actors is complete. Analyses of local and regional economic devel-
opment have increasingly used the concept of governance: the local system, they argue,
is not merely about elaborating and applying legal norms, but is rather a complex
structure of vertical and horizontal sets of relations between a range of actors, includ-
ing public institutions, associations and private firms, each of which possesses a differ-
ent type of power (with the state and local authorities monopolising the force of legal
obligation, while the private sector wields the strongest financial resources). This is
not, of course, wholly new: local authorities maintained and developed relations with a
wide range of actors, including private firms, well before 1982. But decentralisation and
the increased salience of issues linked to economic development have enhanced the
appropriateness of governance models to a wider range of authorities. Other accounts
have focused on the growing segmentation of local and regional policies as decentralisa-
tion has enhanced the professionalisation and specialisation of local actors: local policy
networks, again grouping a wide range of elected and non-elected actors from central
and local government and from interest groups and experts within civil society, have, it
is argued, been able to win significant autonomy from the control of any one institution
within the local system. Finally, the local system is still characterised by great fluidity,
the product of its own incoherences and contradictions, of the learning experiences of
the actors, and of a process of institutional reform that is manifestly incomplete.
Further reading
Ashford, D., British Dogmatism and French Pragmatism, London, George Allen and Unwin, 1982.
Becquart-Leclercq, J., Paradoxes du pouvoir local, Paris, Presses de la Fondation Nationale des
Sciences Politiques, 1976.
Bernard, P., Le préfet de la République, le chêne et l’olivier, Paris, Economica, 1992.
Blanc, J. and Rémond, B., Les collectivités locales, 3rd edition, Paris, Presses de la Fondation
Nationale des Sciences Politiques, 1995.
Borraz, O. and Le Galès, P., ‘France: the intermunicipal revolution’, in B. Denters and L. Rose
(eds), Comparing Local Governance: Trends and Developments, Basingstoke, Palgrave, 2004.
Castells, M., The Urban Question, London, Edward Arnold, 1977.
Castells, M., City, Class, and Power, London, Macmillan, 1978.
Cole, A. and John, P., Local Governance in England and France, London, Routledge, 2001.
CURAPP/CRAPS, La démocratie locale: représentation, participation et espace public, Paris,
Presses Universitaires de France, 1999.
Dion, S., La politisation des maires, Paris, Economica, 1986.
Dolez, B. and Laurent, A., Le vote des villes: les élections municipales des 11 et 18 mars 2001,
Paris, Presses de Sciences Po, 2002.
Dupoirier, E. (ed.), Régions: la croisée des chemins, Paris, Presses de Sciences Po, 1998.
Fontaine, J. and Le Bart, C. (eds), Le métier d’élu local, Paris, L’Harmattan, 1994.
Gaudin, J.-P. (ed.), La négociation des politiques contractuelles, Paris, L’Harmattan, 1996.
Gilbert, G. and Delcamp, A., La décentralisation dix ans après, Paris, LGDJ, 1993.
Gleizal, J.-J. (ed.), Le retour des préfets?, Grenoble, Presses Universitaires de Grenoble, 1995.
Godard, F. (ed.), Le gouvernement des villes, Paris, Descartes, 1997.
Grémion, P., Le pouvoir périphérique, Paris, Seuil, 1976.
Hardy, J., Les collectivités locales, Paris, La Découverte, 1998.
Institut de la décentralisation, La décentralisation en France, Paris, La Découverte, 1996.
John, P., Local Governance in Western Europe, London, Sage, 2001.
Kesselman, M., The Ambiguous Consensus: A Study of Local Government in France, New York,
Alfred Knopf, 1967.
Lacorne, D., Les notables rouges, Paris, Presses de la Fondation Nationale des Sciences Politiques,
1980.
Lagroye, J., Société et politique: Jacques Chaban-Delmas à Bordeaux, Paris, Pedone, 1973.
Lagroye, J. and Wright, V. (eds), Local Government in Britain and France, London, George Allen
and Unwin, 1979.
Le Galès, P. and Lequesne, C. (eds), Regions in Europe, London, Routledge, 1998.
Levy, J., Tocqueville’s Revenge: State, Society, and Economy in Contemporary France, Cambridge,
MA, Harvard University Press, 1999.
Mabileau, A. (ed.), Les facteurs locaux dans la vie politique nationale, Paris, Pedone, 1972.
388 Paris and the provinces
Mabileau, A., Le système local en France, 2nd edition, Paris, Montchrestien, 1994.
Machin, H., The Prefect in French Public Administration, London, Croom Helm, 1977.
Meissel, R., Décentralisation et aménagement du territoire, Paris, Le Monde/Marabout, 1995.
Mény, Y., Centralisation et décentralisation dans le débat politique français, 1945–1969, Paris,
LGDJ, 1974.
Ministère de l’Intérieur, Direction Générale des Collectivités Territoriales, Les collectivités locales
en chiffres, Paris, La Documentation Française, 2004.
Ohnet, J.-M., Histoire de la décentralisation française, Paris, Librairie Générale Française
(Le Livre de Poche), 1996.
Perrineau, P. (ed.), Régions: la baptême des urnes, Paris, Pedone, 1986.
Pouvoirs, no. 24, 1983, ‘Le maire’; no. 60, 1992, ‘La décentralisation’; no. 73, 1995, ‘La
démocratie municipale’.
Rémond, B., La région, 2nd edition, Paris, Montchrestien, 1995.
Rémond, B., La fin de l’état jacobin?, Paris, Librairie Générale de Droit et de Jurisprudence, 1998.
Rey, H., La peur des banlieues, Paris, Presses de Sciences Po, 1996.
Rhodes, M. (ed.), The Regions and the New Europe, Manchester, Manchester University Press,
1995.
Rondin, J., Le sacre des notables, Paris, Grasset, 1985.
Schain, M., French Communism and Local Power, London, Frances Pinter, 1985.
Schmidt, V., Democratizing France: The Political and Administrative History of Decentralization,
Cambridge, Cambridge University Press, 1990.
Schrameck, O., La fonction publique territoriale, Paris, Dalloz, 1996.
Sharpe, L. J. (ed.), The Rise of Meso-Government in Europe, London, Sage, 1993.
Smith, A. and Sorbets, C. (eds), Le leadership politique et le territoire, Rennes, Presses Universi-
taires de Rennes, 2002.
Tarrow, S., Between Centre and Periphery, London, Yale University Press, 1977.
Thoenig, J.-C., L’ère des technocrates: le cas des Ponts et Chaussées, 2nd edition, Paris,
L’Harmattan, 1987.
Tobin, I., Le préfet dans la décentralisation, Paris, L’Harmattan, 1997.
Vital-Durand, E., Les collectivités territoriales, Paris, Hachette, 1994.
13 French justice and the elusive
État de droit1
Politics as a profession is adjacent to law: many politicians inside and outside demo-
cratic systems have legal training, and most spend part of their time legislating. In
France, the discipline of political science is entwined with that of law: political science
departments are often outgrowths of the facultés de droit. Law plays a central role in
political institutions. It is a framework of public and private action, a medium of
conflict avoidance and resolution, a means of aggregating and channelling political
preferences to render them operational and enforceable. Yet political scientists, even
in France, were for long relatively uninterested in the relationship between the justice
system, the legal profession and politics. That is now changing; the law has acquired the
power to fascinate political scientists. One reason has been the growing judicialisation
of institutions and public policy – a widespread phenomenon in Western Europe, but
one felt particularly in France, where it threatens long-held traditions.
Judicialisation will be a central theme of this chapter. It has been driven by Eurocrats
and intellectuals, by public-spirited legislators, by courageous judges and (unintention-
ally) by corrupt politicians, as well as by the wider developments observed elsewhere in
this book – the changing relationship between the state, civil society and the market.
Because it upsets traditions, judicialisation has provoked a debate in France about the
emergence of an État de droit – a state bound by, and respectful towards, the rule of law
and due process. That debate has also highlighted the lack of confidence of the French
in their justice system, and in particular in its impartiality; for the État de droit in
France is more embryonic than is fully realised. However, before turning to these
themes it is necessary both to consider the judicial tradition inherited by the Fifth
1 An earlier version of this chapter appeared in West European Politics, volume 22, no. 4, October 1999, and
in book form in Robert Elgie (ed.), The Changing French Political System, London, 2000 (Courtesy of
Frank Cass).
390 French justice and the État de droit
Republic (and now endangered by the État de droit), and to present the major judicial
actors of today.
• The formal equality of citizens before the law. With two exceptions, this funda-
mental principle has never been formally called into question since its establish-
ment in 1789. The first exception was the Vichy régime, which established a special
Statut des Juifs as early as October 1940. The second concerns the periodic creation
of tribunals with exceptional powers, under the impact of traumatic political
events. Such tribunals (whether of military or mixed judicial and military char-
acter) behaved (as they were meant to) with repressive zeal, disregarding the most
basic rights of the defence.
• The ubiquity of law. In France as elsewhere in Europe, a growing number of
sectors came to be regulated and bureaucratised by legal stipulations – a process
characterised in Germany as ‘legal pollution’ (Verrechtlichung).
• Law established and policed by an ‘imperial state’. This Étatisation du droit was
one of the major legacies of the Revolution and of Napoleon. Pursued by all
successive régimes, it was rooted in that deep mistrust of autonomous self-
regulating institutions observed elsewhere as being characteristic of Jacobin tradi-
tions. Regulation and control should be a monopoly of the state, which alone
represented the ‘general interest’ and was therefore legitimately invested with
superior rights.
• An ingrained disrespect for the constitution. Despite the rhetoric of jurists and
politicians, whichever constitution was in force was viewed (perhaps unsurprisingly,
as none before 1958 lasted longer than two decades, with the single exception of the
Third Republic) as a mere rule in the wider game of politics: a means of regulating
conflict rather than the foundation of political order.
• An instrumental view of law. Anglo-Saxon, and especially American, traditions
have seen law as a mechanism for managing a diverse and pluralistic society, apply-
ing to individuals, groups and public authorities alike. The notion of a ‘general
will’ standing outside such pluralistic interests was neither admitted nor much
considered. In France, on the other hand, law was seen precisely as the expression
of such a ‘general will’, which arbitrated between the interests in contention. It was
also viewed as a mobiliser and legitimiser of the socio-political system. Far from
being neutral, it was instrumental and output-oriented, intimately involved in
French justice and the État de droit 391
social guidance and social engineering, a tool for ensuring, among other things,
social integration (based on a legally constructed concept of citizenship), political
centralisation and even economic dirigisme.
• An inquisitorial system of justice. These different notions of law had practical
consequences in the courtroom. In Anglo-Saxon systems, justice and truth are
served by the adversarial clash between prosecution and defence, with the judge as
referee and, in serious cases, the jury as final arbiter of the outcome. If, on the other
hand, law is seen as the expression of the ‘general will’, and the state authorities as
the representatives of the sovereign people, as in France, then the state, manifested
as the Justice Ministry, has both the right and the duty actively to seek out the truth
of each case. Hence the more active role of French judges, employed by the Justice
Ministry, both in bringing cases to the courts and in participating in the courtroom
proceedings (for example, in questioning witnesses and the accused).
• An enduring hostility, both ideologically and politically inspired, towards ‘judge-
made’ law and judicial review. The 1804 Civil Code (Article 5) specifically forbids
judges from using their adjudication of individual conflicts to create jurisprudence
– that is, to make decisions of a general character that would bind later courts.
According to the Jacobin and imperial visions, legal sovereignty lay with those
authorities (parliament or executive depending on the régime) invested through
election or referendum as the legitimate embodiment of the popular will. As the
expression of that will, law was seen as, by definition, neither perfectible nor con-
testable. A profound practical suspicion of the judiciary as political actors also
inspired this implacable hostility to judicial review. Lawyers and magistrates had
played a major role in undermining the ancien régime. After 1789, once they had
won (for many revolutionaries came from the legal profession), they set out to
demolish the wrecking potential of their own profession. Bonaparte agreed with
the revolutionaries on this point; so did all subsequent rulers. The problem was
compounded by France’s chronic régime instability between 1789 and 1958 (see
Chapter 1): two empires, two monarchies and four republics, each a target for
anti-régime attacks. The rulers of each new régime, instinctively suspicious of the
judiciary they inherited, both purged the magistrature and mistrusted those
remaining judges whom they had spared. An early but lasting expression of this
mistrust of the judiciary was given in the celebrated proclamation of August 1790,
which insisted on the separation of judicial and administrative power.
• A dual system of law separating administrative and ordinary jurisdictions. Both the
ideological factors noted above and the suspicion of judges that was its practical
corollary militated against any possibility that judges of the ordinary courts might
be allowed to perturb the activities of administrative bodies or to call such bodies
to account. From 1790, indeed, for the ordinary courts to interfere in the adminis-
tration was officially a criminal offence. Instead, an internal system of justice,
headed by the Conseil d’État (Council of State: see under the next section) was set
up to try alleged illegalities within the administration. Theoretically, under such a
system the state is simultaneously the alleged offender, judge and jury: hence the
revulsion felt towards the dual system of justice by freedom-loving French liberals,
and by British constitutionalists like Dicey who believed in ‘the equal subjection of
all classes to the ordinary law of the land administered by the ordinary law courts’.
In practical terms, however, the administrative law courts did slowly begin to
generate rights against the abuses committed by state officials.
392 French justice and the État de droit
• A subordinate and politicised judiciary. In the practice of the separation of powers,
the judiciary was considered, not as a power (pouvoir) on an equal footing with the
executive and the legislature, but as a mere ‘authority’ (autorité) – a term clearly
indicative of its lower ranking. Some practical expressions of this subordination
were the hierarchical supremacy of the Justice Ministry over part of the judiciary;
the requirement, common in the nineteenth century, that prosecuting magistrates
(procureurs) become electoral agents for the régime and keep a close and punitive
eye on its enemies; the inclusion of members of the judiciary in special tribunals
established to try political ‘crimes’ (which included, in 1851, defending the consti-
tution); the persistent political interference in judicial appointments; and the
constant pressure on prosecuting magistrates to close the files on politically
embarrassing cases.
• Judicial self-restraint. Judges might be active participants in the courtroom, but
within their profession they were socialised into a role of discretion. Judicial cre-
ativity or activism, anything that smacked of an attempt to establish jurisprudence,
or to question the doctrines of state supremacy and political sovereignty, was
frowned upon.
It would be exaggerated but not wholly untrue to argue that the characteristics noted
above – the state-based, instrumental and inquisitorial character of law, the widespread
disregard for the constitution, the absence of judicial review, the dual civil and adminis-
trative legal systems, the mistrust, subordination and politicisation of the judiciary, and
judicial restraint – flowed inexorably from a Jacobin conception of the role of the state
and its relation to society. In practice, the system was more complex than that. The
separation of powers was almost as frequently violated as it was invoked, for example,
and practical political authority did not always lie where it was legally supposed to: thus
parliamentary sovereignty in the late Third Republic was undermined by the executive’s
increasing use of décrets-lois. The fraught process of defining what was often an
uncertain borderline between civil and administrative law led to regular disputes
between ordinary and administrative judges, and ultimately to the creation of the
Tribunal des Conflits in May 1872 to settle such disputes. More significantly, judges
played a much more important role as policy-makers than official texts and doctrines
suggested. The Conseil d’État was vital in this respect: it slowly transformed itself into a
fairly impartial (if politically sensitive) administrative court, capable (in most circum-
stances) of protecting French citizens against the illegalities of state officials and its
own members from dismissal. The late nineteenth and early twentieth centuries saw a
steady narrowing of the area within which the Conseil d’État was prepared to treat
executive acts as non-justiciable (or not subject to the law). During this period too, the
two bases of administrative law, the recours pour excès de pouvoir and the régime de la
responsabilité administrative, were established, refined and extended. They not only
provided the citizen-plaintiff with the right to seek the annulment of an act or decision;
they also enabled the Conseil d’État to fly in the face of Jacobin principles and create a
substantial and important jurisprudence. The scope of this judge-made law covered
almost all the law concerning the public administration and its officials: the rules,
regulations, procedures and responsibilities of the administration, as well as the basic
ideas of what constituted service public, a public agent and the public domain (concepts
which were to become critical in the privatisation debates of the 1980s and after). The
Conseil went further than that: well before 1958, it had begun to define a general set of
French justice and the État de droit 393
constitutional principles – ‘fundamental general principles of law’ – that could be cited
in court cases. These included conveniently elastic concepts (allowing judges a certain
interpretative latitude) such as ‘equality before the law’, ‘freedom of conscience’, ‘non-
retroactivity’ or ‘individual freedom’. At the same time, the direct impact of this juris-
prudence should not be exaggerated. In particular, the Conseil d’État specifically stated
that it could not test the constitutionality of the law, which was the expression of the
general will.
At the beginning of the Fifth Republic, then, the constitutional and political trad-
ition of the country were permeated far more by an Étatisation du droit – law in the
service of the state – than by an État de droit. And for those who favoured the latter,
the Fifth Republic had unpromising beginnings. The constitution itself was scarcely
reassuring: the Conseil d’État was not mentioned as an administrative judge (though
its consultative role was strengthened); the newly created Constitutional Council was
made up exclusively of political appointees, and its role defined as a policeman of the
executive–legislative spheres of competence rather than as a judge; the guarantor of
the independence of the judiciary was to be the president of the Republic, while the
Conseil Supérieur de la Magistrature (Higher Council of the Judiciary) was allowed
only to advise on appointments. Constitutional practice was hardly less alarming, for
de Gaulle regularly infringed both the letter and the spirit of the constitution (see
Chapter 4). Moreover, the early years of the régime saw a number of disturbing
incidents that specifically concerned the judiciary. Several appointments to key posts
were flagrantly political. The government and the Conseil d’État engaged in public
rows: over the Conseil d’État’s clearly expressed view that the 1962 referendum on the
direct election of the president was unconstitutional; over the sacking (an extraordi-
nary step) of one of the Council’s own members, André Jacomet, who, as a senior
official in Algeria, had openly opposed the government’s policy of self-determination;
and, most spectacularly, over the Canal affair in which the Council, in emergency
session, saved the life of an individual who had been condemned for treasonable
activities in Algeria by a special military court. Political pressure on the judiciary led
to several highly dubious affaires being hushed up: the Ben Barka affair (involving the
assassination of the leader of the Moroccan opposition, with the connivance of the
French secret service, in December 1965 as he prepared for a personal meeting with de
Gaulle); the mysterious murder of the Prince de Broglie, a politician of illustrious
ancestry and grubby social contacts, in 1978; the no less curious discovery of Robert
Boulin, labour minister and leading Gaullist, dead in 2 feet of water in 1979 (the
verdict, contested by his family, was suicide); and the Canard Enchaîné affair, which
concerned the bugging of France’s leading satirical and (more importantly) investiga-
tive weekly. Little of this could have inspired confidence in the reinforcement of a state
ruled by law. Yet over the succeeding generation France took an unexpected number
of steps towards an État de droit. This was thanks to a wide range of judicial actors,
both French and European.
Judges as policy-makers
Judges have played an increasing role outside the judicial arena as public policy-makers.
The British tradition of asking judges to chair ad hoc commissions on specific policy
issues has spread to France. Marceau Long, a distinguished vice-president of the
Conseil d’État, was a ubiquitous policy-maker, chairing several important commis-
sions, including one established on the vexed question of citizenship rights (especially
404 French justice and the État de droit
sensitive in relation to second-generation immigrants). The new independent adminis-
trative authorities also recruit members of the Conseil d’État as members – or, indeed,
as chairpersons: in 1995, the Commission des Opérations en Bourse, the Commission
Nationale d’Informatique et des Libertés, the Commission d’Accès aux Documents
Administratifs and the Commission des Sondages were all chaired by members of the
Conseil d’État. Another, Paul Legatte, held the post of Médiateur from 1986 to 1992.
Administrative judges are also ubiquitous within the executive and legislative branches
of government. Pompidou was a conseiller d’État, Chirac entered Pompidou’s cabinet
from the Cour des Comptes; among prime ministers, Michel Debré, Pompidou,
Laurent Fabius and Édouard Balladur have all been conseillers d’État; members of the
grands corps in general and of the Conseil d’État in particular have penetrated the
Council of Ministers, the National Assembly, the Senate, the General Secretariat
of the Government, and the ministerial cabinets, as well as major posts in public
and private business. Members of the Conseil d’État have also chaired many of the
disciplinary sections of the various professional self-regulating bodies.
Explaining judicialisation
The growing judicialisation of French public policy may be explained by a range of
factors, some specific to France and others common to several European countries. But
there is a fundamental distinction to be made between elements that increase the scope
of law, and elements that reinforce the role of judges in determining and interpreting
law. Distinctions are also necessary between policy sectors: competition policy and the
treatment of juvenile delinquents may both have been judicialised, but for quite differ-
ent reasons. And there are different types of judicialisation: there is little direct relation
between the causes of the judiciary’s growing assertiveness and those of the extension
of soft law and regulatory agencies. A final distinction should be made between
the different types of law (constitutional and administrative, civil and criminal), and the
different agents and motives that inspired their separate growth.
The quantitative growth of judicial activity is easily explained. Despite rhetoric to the
contrary, government activity has grown; privatisation, liberalisation and even deregula-
tion have tended to produce more, not less, regulation. Deregulating the labour market,
for example, demands a sustained legislative and legal effort. And the political agenda
of the 1980s and 1990s – law and order, immigration, environmental and consumer
protection, and issues of gender and sexuality – has required the state, and the law, to
move into new areas. Society has also become judicialised because it has become weaker:
both traditional modes of social regulation – deference to ‘betters’, trust towards equals
within a clearly identifiable community – and traditional institutions such as the family
and the Church, have been seriously eroded, in France as in other Western societies.
A more complex task is to account for the growing role of judges and judicial
processes within the overall increase in legal activity. This involves a wide variety of
often complex factors, which are listed below.
French justice and the État de droit 409
• The Europeanisation of French law, though limited, has had four clear effects. First,
it has furthered the judicialisation of certain policy areas such as immigration and
competition policy. Second, it has allowed judges a degree of interpretative free-
dom as it is generally drafted in terms less specific than those of French law. Third,
it has arguably accustomed judges to the idea that parliamentary statutes can be
overridden by a higher judicial authority. Fourth, it has allowed individuals, firms
and groups to invoke European law (and thus the higher judicial authority) in the
national courts, offering pro-EU constituencies a new avenue through which to
press for the promulgation and implementation of EU law.
• Ideological changes referred to in Chapter 1 have tended to replace a paradigm
based on collective goods, the public interest and citizenship by one that stresses
private goods, individual rights and consumerism. Rights-based political cultures
entail a questioning of authority and thus tend to increase demands for arbitration
of a legal character.
• Economic change has also fed judicialisation. One economic translation of the
ideological shift noted above was the replacement of traditional dirigisme by privat-
isation and arm’s-length regulation; but the latter necessitates a new judicial
armoury. As elsewhere in Europe, areas such as telecommunications are to be
regulated not by ministers but by a regulatory agency, generating a massive need for
a quasi-legal sort of indirect regulation. At the same time, the social problems
caused by long-term mass unemployment – family breakdown, rising crime rates,
and racism and xenophobia – have all triggered demands for legislative, and thence
ultimately judicial, action. Immigration, for example, has been the object of often
wide-ranging government bills in every parliament since 1973, not least because it is
often considered a cause of unemployment. Its increasing regulation has tended
to criminalise offenders; an economic problem has become a social and political
problem, and finally a legal one.
• Managerialism, also closely linked to the ideological paradigm shift, has several
implications for judicialisation. The delegation of state power to autonomous
agencies; the attempt to make public services more consumer-driven (and hence to
give the ‘users’ of services enforceable rights); and the increasing use of private
firms to deliver public goods (especially at local level, where much service delivery
is done), entailing contractual relations between the authority responsible for the
service and the company that provides it: all offer plenty of scope for litigation.
• Cultural factors have also contributed to the judicialisation of certain issues. As the
capacity of the one and indivisible Republic to integrate all of its citizens through
traditional methods – universal laws, a secular state education system used by all
or nearly all, and military service – has diminished, so recognition of the growing
diversity and multiculturalism of French society has grown. That entails problems
which politicians long found it expedient to transfer to the courts. Is the headscarf
worn by a Muslim girl at school, for example, an acceptable expression of cultural
otherness, a symbol of women’s subjection under Islam, or a badge of religious
identity to be excluded from a secular school? As education minister in 1989,
Lionel Jospin preferred to leave the answer to the Conseil d’État. Even when
Chirac faced the question of legislating on the issue in 2003, he took care to
appoint an all-party committee, chaired by the centrist Bernard Stasi, to give a
formal report first.
• Technological change has generated judicial activity by raising urgent ethical issues
410 French justice and the État de droit
related, for example, to the flow of pornography and racist material across national
frontiers on the Internet, biotechnology, data protection and copyright.
• Political initiatives have, in some cases, deliberately sought to strengthen the role
and the autonomy of the judiciary. Examples include Giscard’s opening of access
to the Constitutional Council to parliamentarians in 1974, mentioned above; the
juridification of procedures in areas such as planning, the environment and immi-
gration; the increasingly tight regulation of political funding; the reforms of the
1980s which strengthened the personal responsibility of public officials for their
acts; and the replacement of the prefects’ a priori control of local government acts
by the a posteriori control undertaken by the regional courts of accounts. Most
recently, a reform passed in 2000 protected the rights of the accused – not only of
those in high-profile political cases but also of the 400,000 or so individuals
arrested each year, 95 per cent of whose cases are never scrutinised with the (rela-
tive) neutrality of an examining magistrate but dealt with by the parquet and the
police. To relatively minor reporting restrictions (such as a ban on publishing
photographs of suspects in handcuffs) were added innovations such as the video
recording of police interviews (initially only for minors) and the presence of a
lawyer from the first hour of preventive detention: the beginnings of a judicial
framework that countries more progressive in their treatment of accused and
convicted prisoners had adopted years before. That said, this record was partly
reversed, and the rights of the accused significantly reduced, by the Perben legisla-
tion passed after the 2002 elections in a climate highly favourable to law and order.
• Democratic demands have increasingly been channelled through the courts as
well as by more traditional methods of political organisation or demonstration.
Pressure groups may find satisfaction from the courts where they have failed to
obtain it at the political level – especially when, as is the case in the Conseil d’État,
pursuing a case is both cheap and surprisingly simple. Citizens have also used the
justice system to seek to punish corruption: thus well-organised citizen groups were
instrumental in pressuring the authorities into judicial activity against the mayors
of Cannes, Angoulême and Grenoble, while the Green opposition in Paris has
played a major role in promoting investigations into corruption in France’s biggest
town hall. Public opinion, moreover, generally backs greater judicial autonomy –
and ferocity towards public officials. According to a 1997 survey, large majorities
of the French considered that the French justice system was lenient with senior civil
servants and politicians, as well as too expensive, too slow, too partial, too easily
influenced by political authorities, too old-fashioned and lacking the material
means to do its job properly. Despite (and because of) these criticisms, 71 per cent
of the sample declared for greater independence of the justice system.
• Media support for the activities of the judiciary has grown, though it remains far
from universal. The Canard Enchaîné, a venerable exposer of sleaze on the part of
politicians, industrialists and public officials, has been joined by other newspapers,
notably Le Monde and Libération, in the encouragement of investigative journal-
ism. A more liberal broadcasting régime (France has, fortunately, moved on from
the days of the de Gaulle presidency when the information minister used to give
daily instructions to television chiefs on the content of their prime-time news pro-
grammes) has allowed television and radio to follow, or at least to publicise the
findings of the print media. In one respect, indeed, the press has been an important
ally of the judges. For examining magistrates, fearful of having their investigations
French justice and the État de droit 411
quietly sidelined by a procureur acting on instructions from the Justice Ministry,
have repeatedly allowed their findings to be leaked in order to create a fait accompli
that places an unacceptable political cost on any move to close the file. When a key
witness in the electoral fraud case in Paris told a juge d’instruction that the mayor,
Jean Tiberi, had personally supervised the cooking of electoral registers, details of
his statement appeared in the Canard within forty-eight hours. It is also thanks to
leaks that we know, from an initialled letter, that Jacques Chirac as mayor of Paris
recommended the promotion of employees on the city’s payroll whom he knew to
be working full-time for his party, the RPR. The media’s support for judicial activ-
ism is not, it is true, universal: the right-wing journalist Éric Zemmour expressed
his opposition to the process in a polemical work entitled Le coup d’État des juges.
But the development of judicial independence, particularly in corruption cases,
would have been very much more difficult without media backing.
• The judges’ own collective demand for autonomy and independence has grown. The
Conseil Supérieur de la Magistrature has been openly critical, in recent reports, of
the government’s appointments policy. And during the 1997 election campaign,
over a hundred senior magistrates (of all political persuasions) addressed a petition
in favour of greater autonomy to President Chirac.
• Organisational expansionism has also, at times, favoured greater judicial independ-
ence. Like any organisations, courts, and especially relatively new institutions like
the European Court of Justice, the Constitutional Council, or the independent
administrative agencies, often seek to establish and then expand their areas of
activity and influence. Both co-operation and competition between courts may
further this. The ECJ, for example, both made allies of the national courts by
providing them with a new capacity for judicial review, and reinforced its own
authority as a court of final appeal owing to competition between higher and lower
courts and between the civil and administrative supreme courts of member states.
Individuals, too, can play important roles: Guy Braibant, a highly influential mem-
ber of the Conseil d’État, Robert Badinter, the Socialist former justice minister
whom President Mitterrand made president of the Constitutional Council in 1986,
and who left a potent jurisprudential legacy, and Adolphe Touffait, a strongly
pro-European member of the Court of Cassation, are all cases in point.
• The spread of corruption has also been a factor in the spread of juridification. This
is hard to quantify: corruption was a commonplace under the Third, Fourth and
early Fifth Republics, as several high-profile court cases confirmed. Nevertheless, it
has been argued that several elements rendered it even more pervasive from the
1980s. These included the sharpening of political competition at all levels, as
alternance succeeded alternance after 1981; the more capital-intensive nature of
political campaigning, as opinion pollsters and image consultants and designers of
all stripes sought to sell their wares to politicians and parties; and the greater
freedoms afforded to local elected officials by decentralisation after 1982 to spend
local budgets as they saw fit. Certainly the perception among France’s elites (begin-
ning, in 1987, with President Mitterrand and Prime Minister Chirac, who agreed to
call a special parliamentary session to consider the matter) that corruption had got
out of hand, and was threatening to discredit the whole political class, was instru-
mental in juridifying the previously unpoliced area of political finance, via the laws
of 1988, 1990, 1993 and 1995. Among the public, too, the perception of corruption
has given rise to demands for judicial retribution. Political sanctions for corruption,
412 French justice and the État de droit
though potentially powerful (as witness the Socialists’ post-1991 disgrace), are
uncertain: parties hesitate to extract the maximum political benefit from their
opponents’ embarrassment as a result of corruption cases, because they know that
it may be their turn soon.
• The courage of individual judges (usually examining magistrates, like Thierry
Jean-Pierre, Éric Halphen, Renaud van Ruymbeke, Patrick Desmure and Eva Joly)
in pursuing particular cases of wrongdoing, resisting political pressure, bypassing
their own hierarchy and appealing directly to public opinion, has raised the profile
of the administration of justice as an issue, and helped render public the unaccept-
able and justiciable practices that had been concealed, connived at and practically
immune from prosecution.
1981 0 9
1983 2 7
1986 4 5
1987 3 6
1988 3 6
1989 5 4
1992 6 3
1993 6 3
1995 5 4
1996 4 5
1997 4 5
2000 3 6
2005 2 8*
Note
* Includes Valéry Giscard d’Estaing, who from 2004 exercised his right as an
ex-president of the Republic to sit as an ex officio supernumerary member
of the Council.
416 French justice and the État de droit
especially political, because it was precipitated by Mayer’s premature departure, just
weeks before parliamentary elections which the Right was expected to win, and because
Badinter moved straight to his new post from the Justice Ministry); Roland Dumas,
Mitterrand’s former foreign minister and long-term personal friend and confidant, in
1995; Yves Guéna, former Gaullist Deputy, minister and Senator, in March 2000 after
Dumas’s resignation; Pierre Mazeaud, another former Gaullist Deputy and minister, in
February 2004. Members of the Constitutional Council, it is true, often display con-
siderable independence, thanks in part to their nine-year non-renewable term. Such is
not always true, on the other hand, of the magistrats du parquet, the prosecuting magis-
trates who remain hierarchically attached to the minister of justice, who can move or
promote or transfer prosecuting magistrates at will (and is also the vice-president of the
Conseil Supérieur de la Magistrature). Jacques Toubon’s appointment, in 1996, of his
own former directeur de cabinet Alexandre Benmakhlouf to the key post of procureur
général in Paris, just as investigations into the Paris city hall were gathering momentum,
was an outstanding but not exceptional example of such a political nomination. Justice
ministers still enjoy the right to issue formal and informal instructions to magistrates:
with the exception of Élisabeth Guigou, Jospin’s minister from 1997 to 2000, who
publicly declared her intention to issue no such instructions, they have used this power
in order to slow down or bury politically embarrassing cases. Indeed, Henri Nallet,
justice minister when the Urba affair broke in 1990 (and also a key fundraiser for
Mitterrand’s 1988 campaign), was criticised by his ministerial colleagues in private for
his inability to ‘control his judges’ – considered hitherto an essential part of a justice
minister’s job.
This kind of ‘top-down’ politicisation is compounded by the activities of many
judges. For members of the Conseil d’État to stand for elective office, or accept a
ministerial post, is to declare openly partisan convictions; to accept a post in a minis-
terial cabinet may, depending on its sensitivity, entail the same; yet on quitting their
political, or quasi-political, posts, they invariably take up their judicial posts in the
Conseil again, as the law permits. A change of parliamentary majority and government,
therefore, sets up a sort of merry-go-round as some members of the Conseil d’État
return from political postings while others more in sympathy with the new majority
depart. Within the civil judiciary, politicisation takes the different, but equally clear,
form of union membership: judges who join a professional trade union (and many do)
have the choice between the left-wing Syndicat de la Magistrature, the moderate
right-wing Union Syndicale des Magistrats and the Association Professionnelle des
Magistrats, sympathetic to the more muscular Right. Governments appointing to sensi-
tive judicial posts therefore find it relatively easy to recognise their political friends.
In the case of Thierry Jean-Pierre, the examining magistrate whose enquiries first
unravelled the Urba affair, his reputation for impartiality suffered a blow when he was
elected as an MEP on the right-wing de Villiers list in 1994; the reputation of Éric
Halphen was not enhanced when, in 2002, he left the judiciary and came out in support
of Jean-Pierre Chevènement’s presidential candidacy.
The fifth limitation to the État de droit in France is one that lies at the base of the
other four: a continuing cultural aversion to the rule of law. This phenomenon affects
many groups: the ordinary citizens who evade and avoid taxation or pull strings to get
out of fines or threatened legal proceedings; the drivers responsible for France’s ghastly
toll of road deaths (which, for a comparable population and despite recent laudable
steps to cut it, exceeds that in the UK by 130 per cent); the interest groups, whether
French justice and the État de droit 417
farmers, lorry drivers or bird-shooters, who use illegal and sometimes violent tactics but
are rarely brought to book for doing so; the businessmen who berated the examining
magistrate Eva Joly for her obtuseness in failing to realise that ‘the whole of French
capitalism is built on insider dealing’; the state officials who manifest their contempt for
the ‘legal pedantry’ of judges. The press denounces illegalities but treats suspects as
guilty long before they are tried, giving extensive publicity not only to the charges
brought but to selected pieces of evidence, in violation of the principle of the presump-
tion of innocence. If their more important and influential targets usually have the
means to answer back, the less well-known ones accused of everyday crimes on the
inside pages of the regional press do not, and it is far from certain that the 2000 law on
the presumption of innocence has done much to change this. At the same time, what
would elsewhere be politically scandalous facts, such as President Mitterrand’s use of a
publicly owned apartment to house his mistress and their daughter gratis, may remain
both concealed to the public for years and open secrets to reporters in the know,
anxious not to compromise their access to the Élysée. Magistrates who leak confidential
documents about sub judice cases to the media may be seeking to escape from, or
reverse, political pressures on them to abandon their enquiries; but they are still violat-
ing the rule of law. Politicians, however, are among the worst offenders in this respect.
The Left’s protests against the Constitutional Council’s striking down of clauses of the
nationalisation law of 1981, and the Right’s response to the Council’s treatment of the
privatisation law five years later, have an ironical symmetry to them; both were attack-
ing the very legitimacy of rulings that went against them. The Right’s outrage at the
decision on the 1993 immigration laws verged on the hysterical. Various attempts were
made by parliamentarians in the 1970s to limit the power of the courts, and especially
of the ECJ and the Constitutional Council; as late as 1986, the justice minister pro-
posed measures to limit what he called the Council’s ‘vast discretionary power’. Politi-
cians have regularly hindered legal investigations by invoking considerations of
national security (secret défense), or blocked judges’ investigations by withholding
police assistance. A remarkable instance of the latter was the refusal of Olivier Foll,
head of the Paris judicial police, to assist the examining magistrate Éric Halphen who
was seeking to search the apartment of Jean Tiberi, mayor of Paris. Foll was openly
backed by the interior minister Jean-Louis Debré, who was publicly rebuked by the
Court of Cassation – but supported by President Chirac, who as well as being the
constitutional protector of the judiciary was Tiberi’s predecessor as the capital’s mayor.
Chirac’s attitude to the judiciary, though, was hardly more cavalier than that of his
predecessor François Mitterrand, whose ‘anti-terrorist’ cell in the Élysée illegally
tapped the telephones of some 150 people, including judges, politicians, lawyers and
journalists, with the president’s knowledge and approval – often with the purpose of
keeping Mitterrand’s many sexual peccadilloes from prying eyes and ears. The Péchiney
affair of 1988–89 revealed the penchant for insider dealing of several of the president’s
friends, under Mitterrand’s cynical eye. The Rainbow Warrior affair of 1985, in which a
Greenpeace boat tracking French nuclear testing activity in the Pacific was blown up by
French agents in Auckland harbour, causing one death, created much more stir abroad
than in French political circles (the main worry of the right-wing opposition was that
French prestige had been damaged because the agents had been found out). And execu-
tives of both Right and Left have tolerated the activities of the Renseignements
Généraux (the police special branch), which is effectively exempt from normal judicial
restraints such as search warrants and which has compiled secret files on politicians,
418 French justice and the État de droit
business people, journalists, trade union officials and even (or perhaps especially) other
police units. Equally remarkable, however, is the public’s high threshold of tolerance.
The widespread cynicism about politicians, considered to be ‘generally corrupt’ by a
majority of the population, has the paradoxical result that individual politicians sus-
pected or even convicted of being so are still regarded as fit for office because they are
assumed to be no worse than the rest; hence Chirac’s ability to head the poll in April
2002 despite the gravity of the accusations against him.
It may be added, finally, that judicial policy in Chirac’s second term appeared intent
on reversing some of the gains made over the previous decade in the independence of
the judiciary and the safeguards in judicial procedure. First, two major laws on criminal
procedure greatly reinforced, in the name of fighting organised crime, the powers of the
police to hold suspects without charge (for up to four days) and to limit their access to
legal representation, as well as the powers of the parquet to order telephone taps and
invasive search procedures. Their passage through parliament was punctuated by dem-
onstrations by lawyers in full robes in front of the Justice Ministry. Second, another
major innovation of this legislation, the opportunity for a suspect to plead guilty and
avoid a lengthy trial, rapidly ran into serious difficulties of implementation, largely
because the secrecy of the new procedure was in direct contradiction with the principle
of open and public trials. Third, the Conseil Supérieur de la Magistrature’s advice on
appointments to the parquet, some of it based on the competence of the candidates
concerned, was repeatedly ignored. Fourth, Dominique Perben, the justice minister
from 2002 to 2005 (and author of the new legislation), returned to an active policy of
issuing instructions to prosecutors, which his Socialist predecessors had eschewed.
Fifth, within this new context the Paris prosecution service, which handles most of the
politically sensitive cases, took renewed care in keeping the activities of examining
magistrates on a very tight rein. The cumulative effect of Perben’s period in office was
the return, at least partial, of a climate in which the subordination of the judiciary
to the political executive, and of the individual to the powers of the police and the
prosecuting service, were viewed as acceptable and even necessary.
Concluding remarks
In a context where the highest in the land regularly display indifference or contempt for
the rule of law, it is perhaps unsurprising that the French lack confidence in their justice
system. Among EU nations, indeed, only the Belgians, who have been treated to a series
of grotesque judicial and political scandals since the mid-1990s, are more mistrustful of
their judges (Table 13.2). Among French institutions, the justice system is regularly
voted in surveys as among the least trustworthy – less so, for example, than parliament.
Not only is the system considered to favour the wealthy; it is viewed as too much in the
pocket of politicians in power. Hence the overwhelming public support for reinforcing
the independence of the justice system.
As the previous sections show, France has certainly moved closer to being an État de
droit than it was at the outset of the Fifth Republic. Despite the record of 2002–5
outlined above, some of these processes, such as the embedding of European law or the
internalisation of legal constraints by policy-makers, are likely to continue.
But it would be wrong to see the État de droit as a point at which France is sure to
arrive given time. Both material and cultural obstacles stand in its way. A critical
difficulty is the chronic underfunding of the justice system. As Olivier Duhamel has
French justice and the État de droit 419
Denmark 25 70
Austria 28 61
Finland 30 61
Luxembourg 28 59
Netherlands 35 59
Greece 42 55
Sweden 36 53
Germany 40 52
Ireland 37 49
UK 40 48
Portugal 45 42
Spain 52 40
Italy 53 36
France 56 35
Belgium 72 22
Source: Eurobarometer.
pointed out, when demonstrations by lycée students won an extra 4.5 billion francs for
the education budget in 1990, they were obtaining a sum equivalent to 30 per cent of
the total budget of the Justice Ministry. The consequences of this underfunding are all
too predictable. The courts, in President Chirac’s words, have reached the point of
asphyxiation. A serious criminal case takes thirty-nine months on average (and often up
to five years) to go through the courts. With 40 per cent of the 55,000 inmates of
France’s jails on remand awaiting trial, France has one of the highest levels of prevent-
ive detention in Europe; the Dickensian squalor in which such (technically innocent)
inmates are kept is hardly compatible with the notion of an État de droit. The Service
Central de Prévention de la Corruption created by the Justice Ministry in 1998 to
investigate large-scale fraud, money-laundering, corruption and other financial crime
was described by one of its members, Eva Joly, as ‘window-dressing to give the impres-
sion that something is being done’. It employs just thirteen examining magistrates, each
with some 40–80 cases; poor pay and a heavy workload make each of them all too
susceptible to the temptations offered by large private firms who can turn their knowl-
edge of financial legislation to corporate rather than public use and double or triple
their salaries. The head of the service left for the private sector late in 1999; other
examining magistrates, such as Joly and Halphen, have left the profession, worn down
by years of fruitless labour punctuated by administrative bullying, hostile press cam-
paigns and death threats. It has also been claimed that lack of resources prevented any
major drugs case coming to trial in France between 1995 and 2000. To be capable of
punishing large-scale corporate offenders as readily as it locks up suspected petty crimi-
nals, the justice system requires a massive injection of funds – and thus enough politi-
cal will on the part of government to defend the allocation of such funds to Justice
rather than to other ministries more likely to produce direct and tangible benefits to the
taxpayer. In the most literal sense, a truly strong and independent justice system has a
price tag; it is far from certain that the French are willing to pay it. There is also a more
figurative cost to an État de droit, in terms of a cultural shift towards respect for the law,
among both elites and ordinary French men and women. Such a shift would, for
420 French justice and the État de droit
example, entail judges feeling sufficiently free from political intervention not to need to
leak details of sub judice cases to the press – and the press being sufficiently respectful
of due process and the presumption of innocence not to seek to print such details. This
is still a long way off.
Nor is every increase in judicial power an unalloyed good. Some of the objections
raised by the sceptics in the debate on the État de droit are highly pertinent. No dem-
ocracy can be ruled by judges. Judges are unelected (in France at least), unaccountable
either to the public or (if secure in their posts) to any political masters, and as affected
by their own beliefs and prejudices as any other public figures. The record of the United
States Supreme Court in the 1930s demonstrates the capacity of judges to sabotage the
policies of a democratically elected government in the name of a tendentious interpre-
tation of the constitution. One cost of a truly independent justice system is that the
opinions of judges may be radically at odds with the views of the wider public. Even
given an independent, impartial and value-free judiciary, an excess of judge-made law
poses serious practical problems for public policy-making. Judges may be oblivious of
the consequences of their decisions, whether in terms of public spending commitments,
or of the delicate political bargains essential to public policy formation, or of the wider
implications in distant but related policy areas, or of the real possibilities of implemen-
tation. Judicial proceedings, often lengthy, always reactive and unpredictable, perturb
and therefore damage medium- to long-term policy planning – the more so as judges,
and therefore courts, may and do disagree with one other. And (even more than
politics) they tend to favour the well-off, the educated and the informed.
The costs and benefits of judicial independence should be situated in a wider set of
trade-offs between market forces, social regulation and mobilisation, efficient processes
of government and judicial review. To build a successful État de droit requires a recogni-
tion that judicialisation is a complex, diverse process, and that some elements, but not
all, need strengthening. For while litigation serves an essential role in public policy, it
can never be its only basis. One does not need to be a Jacobin, or to subscribe to a
mystical concept of the general will or to inflated notions of ‘parliamentary’ (often, in
practice, executive) sovereignty, to take the view that a coherent vision of the public
interest is not always best served by jurisprudence resulting from courtroom confronta-
tions between particular interests. Government in France would certainly benefit from
the consolidation of those beginnings of an État de droit observed since 1958. But even
competent and independent judges are no substitute for general laws that produce an
authoritative and legitimate allocation of goods based on electoral assent and political
accountability.
Further reading
Avril, P. and Gicquel, J., Le Conseil constitutionnel, 4th edition, Paris, Montchrestien, 1998.
Bell, J., French Constitutional Law, Oxford, Clarendon Press, 1992.
Bernard, C., La justice entre soumission et émancipation, Paris, Le Monde/Marabout, 1998.
Braibant, G. and Stirn, B., Le droit administratif, Paris, Presses de Sciences Po, 1997.
Brown, N. and Jacobs, F., The Court of Justice of the European Communities, London, Sweet and
Maxwell, 1989.
Canard Enchaîné, Le, L’horreur judiciaire, Paris, Les Dossiers du Canard, 2005.
Charon, J.-M. and Furet, C., Un secret si bien violé: la loi, le juge et le journaliste, Paris, Seuil, 2000.
Chevallier, J., L’État de droit, Paris, Montchrestien, 1992.
Cohen-Tanugi, L., Le droit sans l’État, 3rd edition, Paris, Presses Universitaires de France, 1992.
French justice and the État de droit 421
Cohen-Tanugi, L., La métamorphose de la démocratie Française: de l’État jacobin à l’État de droit,
2nd edition, Paris, Gallimard, 1993.
Colas, D. (ed.), L’État de droit: travaux de la mission sur la modernisation de l’État, Paris, Presses
Universitaires de France, 1987.
Colliard, C.-A. and Timsit, G., Les autorités administratives indépendantes, Paris, Presses
Universitaires de France, 1988.
Costa, J.-P., Le Conseil d’État dans la société contemporaine, Paris, Économica, 1993.
Dehousse, R., La Cour de justice des Communautés européennes, Paris, Montchrestien, 1994.
Fanachi, P., La justice administrative, 4th edition, Paris, Presses Universitaires de France, 1995.
Favoreu, L., La politique saisie par le droit, Paris, Économica, 1988.
Favoreu, L., Le Conseil constitutionnel, Paris, Presses Universitaires de France, 1991.
Favoreu, L. and Philip, L., Les grandes décisions du Conseil constitutionnel, 6th edition, Paris,
Sirey, 1991.
Garapon, A., Le gardien des promesses: justice et démocratie, Paris, Odile Jacob, 1996.
Garapon, A. and Salas, D., La République pénalisée, Paris, Hachette, 1996.
Gentot, M., Les autorités administratives indépendantes, Paris, Montchrestien, 1995.
Guédon, M.-J., Les autorités administratives indépendantes, Paris, LGDJ, 1991.
Haenel, H. and Frison-Roche, M.-A., Le juge et le politique, Paris, Presses Universitaires de
France, 1998.
Halphen, E., Sept ans de solitude, Paris, Denöel, 2002.
Hamon, L., Les juges de la loi: naissance et rôle du Conseil constitutionnel, Paris, Fayard, 1987.
Joly, E., Est-ce dans ce monde-là que nous voulons vivre?, Paris, Éditions des Arènes, 2003.
Kessler, M.-C., Le Conseil d’État, Paris, Presses de la Fondation Nationale des Sciences
Politiques, 1965.
Lochak, D., La justice administrative, 3rd edition, Paris, Montchrestien, 1998.
Massot, J. and Marimbert, J., Le Conseil d’État, Paris, La Documentation Française, 1988.
Mathieu, B., Renoux, T. and Roux, A., La Cour de Justice de la République, Paris, Presses
Universitaires de France, 1995.
Minc, A., Au nom de la loi, Paris, Gallimard, 1998.
Pouille, A., Le pouvoir judiciaire et les tribunaux, Paris, Masson, 1985.
Pouvoirs, no. 92, 2000, ‘La responsabilité des gouvernants’.
Rassat, M.-L., La justice en France, 5th edition, Paris, Presses Universitaires de France, 1996.
Robineau, Y. and Truchet, D., Le Conseil d’État, Paris, Presses Universitaires de France, 1994.
Roussillon, H., Le Conseil constitutionnel, Paris, Dalloz, 1994.
Soulez-Larivière, D., L’avocature, Paris, Seuil, 1995.
Soulez-Larivière, D., Grand soir pour la justice, Paris, Seuil, 1997.
Stirn, B., Le Conseil d’État: son rôle, sa jurisprudence, 2nd edition, Paris, Hachette, 1994.
Stone, A., The Birth of Judicial Politics in France: The Constitutional Council in Comparative
Perspective, Oxford, Oxford University Press, 1992.
Stone Sweet, A., Governing with Judges: Constitutional Politics in Europe, Oxford, Oxford
University Press, 2000.
Taisne, J.-J., Institutions judiciaires, 3rd edition, Paris, Dalloz, 1992.
van Ruymbeke, R., Le juge d’instruction, 3rd edition, Paris, Presses Universitaires de France,
1996.
Vernier, D., La justice en France, Paris, La Découverte, 1992.
14 France and European integration
Over more than half a century, France has been both an ardent promoter of European
integration, and the fiercest of defenders, within European institutions, of national
interest narrowly construed. Of course, all member states have sought in different ways
to maximise the benefits of integration while minimising its constraints: to have their
cake and eat it. In the French case, however, the tension has been especially acute. On
the one hand, France’s conception of Europe, as articulated by Christian Democrats,
many Socialists and even some Gaullists, has been very ambitious, whether in political,
social, or economic terms. On the other, there has been a reluctance, most readily
expressed by Communists and some Socialists, Gaullists and the far Right, to accept
the transfers of sovereignty that would give Europe the means of fulfilling such ambi-
tions. The process of European integration can be divided into two periods, each cor-
responding to different resolutions of that basic conflict: a Europe of fairly limited
scope, but with equally limited delegations of sovereignty from member states, until the
mid-1980s; a Europe of wider ambitions and more substantial transfers of sovereignty
since then. This second Europe, though not a little of France’s making, has posed more
serious dilemmas to French policy-makers than the first, threatening both a loss of
French influence within European institutions and painful political and economic
adjustments at home. That in turn has increased – though episodically more than
continuously – the salience of European integration as a political issue within France,
cross-cutting existing party divisions.
The integration process, vastly more complex than the diptych suggested above, is
briefly narrated in the opening section of this chapter. Because the question of what
drives the process – its own internal forces or the decisions of the member states – has
both divided academics and informed most analysis of European affairs, the major
interpretations of integration are also outlined. The second section deals with French
approaches to Europe, and in particular the view of benefits and costs that France’s
policy-makers have applied to the integration process and how they have changed over
France and European integration 423
time. An important element of any such view is France’s special relationship with the
Federal Republic of Germany, seen both as one of the benefits of integration and as a
tool to help promote French interests within Europe. The second section also explores
the dynamics of this relationship, as well as highlighting the distinctive approaches to
integration of successive presidents. A third section discusses how France engages with
the European policy process. Arrangements for policy co-ordination in Paris and for
the promotion of French policy priorities in Brussels reflect a Jacobin desire that
France should ‘speak with one voice’ in Europe, an approach which has drawbacks as
well as advantages in terms of legislative or regulatory outcomes; the fact that some
outcomes have not suited France is reflected in the reluctance, also covered in this
section, with which France has implemented some European legislation.
The fourth section considers the substantive results, for France, of European policy
developments in three areas: the Common Agricultural Policy, Economic and Monet-
ary Union and the economic paradigm shift surrounding it, and the Common Foreign
and Security Policy. Each, in different ways, reflects France’s capacity to win lasting
acceptance for its own policy priorities at the European level. For a long time a ‘permis-
sive consensus’ among publics in France and other European states allowed govern-
ments to pursue their priorities without much reference to the voters. This is less and
less the case. As the fifth section observes, French voters share many of their elites’
ambiguous views about the costs and benefits of European integration, and have been
increasingly divided over the really hard European questions, with at times disruptive
effects on France’s parties and party system. These divisions were most dramatically
expressed in the May 2005 referendum on the European constitutional treaty.
• The European Coal and Steel Community (ECSC), proposed on 9 May 1950 by
France’s Foreign Minister Robert Schuman, signed by the six original member states
(France and Germany in the first instance, joined by Italy, Belgium, Luxembourg
and the Netherlands, with the blessing of the United States) at the Paris Treaty of
April 1951, was operational by February 1953. The ECSC created a common
market in coal and steel, but its institutions were more ambitious than anything
424 France and European integration
1950 (May) Robert Schuman proposes the European Coal and Steel Community
(ECSC).
1951 (April) The Six sign the Treaty of Paris, creating the ECSC.
1952 (May) The Six sign a second Treaty of Paris, establishing the European Defence
Community (EDC).
1953 (February) The ECSC comes into force.
1954 (August) French National Assembly rejects ratification of the EDC treaty: Gaullist
and Communist opposition, reinforced by many Socialists and Radicals,
overcomes Christian Democrat-led support for the treaty.
1955 (June) Messina Conference between the Six: agreement in principle to create an
Economic Community; a committee led by Paul-Henri Spaak is charged
with drafting specific proposals.
1957 (March) The Six sign the Treaties of Rome, establishing the European Economic
Community (EEC) and Euratom.
1958 (January) EEC and Euratom come into force.
1958 (June) De Gaulle returns to power in France.
1958 (September) De Gaulle–Adenauer meeting at Colombey-les-Deux-Églises.
1959 (January) Common Market comes into force with first round of tariff reductions.
1961–62 Fouchet Plan for political co-operation proposed by de Gaulle, but
ultimately rejected by France’s partners.
1962 (January) Agreement of the Six on key principles of Common Agricultural Policy.
1962 (May) De Gaulle’s ‘Volapük’ speech attacks European federalism.
1963 (January) De Gaulle vetoes UK entry to EEC, but France and Germany sign the
Élysée Treaty promising friendship and co-operation.
1965 The Merger Treaty, joining the institutions of the three communities from
July 1967, is signed by the Six; France boycotts EC institutions in the
Empty Chair crisis.
1966 (January) The ‘Luxembourg compromise’ ends the Empty Chair crisis, and preserves
effective unanimity on Council of Ministers.
1967 (November) De Gaulle vetoes EEC enlargement a second time.
1968 (July) The EEC’s customs union fully operational with elimination of last tariffs.
1969 (December) Summit at The Hague: agreement to ‘complete, deepen, and enlarge’ the
EEC.
1970 (April) ‘Own resources’ for EEC budget, and greater oversight of it by the
Parliament, established under Luxembourg Treaty.
1972 (April) The ‘Snake’ established by the Six to limit exchange rate fluctuations
between European currencies.
1972 (April) France votes yes (by 68.3 per cent of votes, 36.4 per cent of registered
electors) in a referendum on enlargement of European Communities.
1973 (January) Denmark, Ireland and the UK enter the Communities.
1974 (December) Regular summit meetings of EC heads of state and government – the future
European Council – launched; agreement on direct elections to the
European Parliament.
1979 (March) Establishment of European Monetary System, successor to the Snake,
agreed in 1978.
1979 (June) First direct elections to the European Parliament (they are held at 5-yearly
intervals, so in 1984, 1989, 1994, 1999, 2004 . . .).
France and European integration 425
1981 (January) Greece joins the EC.
1984 (June) Fontainebleau summit: resolution of the issue of British budget
contribution clears the way for further development of the Community.
1985 (January) Jacques Delors President of the European Commission.
1986 (January) Spain and Portugal join the EC.
1986 (February) Signature by the twelve member states of Single European Act (SEA),
providing for the creation of a single market by 1 January 1993.
1988 (June) European Council at Hanover committed to drafting proposals for
Economic and Monetary Union (EMU) within one year.
1989 (November) Fall of Berlin Wall signals the impending reunification of Germany and
withdrawal of Central and East European states from Soviet bloc.
1989 (December) European Council at Strasbourg agrees to intergovernmental conference to
achieve EMU, and adopts plan for a European Social Charter.
1990 (June–July) France, Germany and Benelux countries sign Schengen agreement to
remove border controls. In July, liberalisation of capital movements within
the Twelve.
1991 (June) Mitterrand calls for a European Confederation, expecting a period of
‘decades’ before Central and East European states join EC.
1991 (December) Maastricht summit on EMU, and on political union.
1992 (February) Signature of Maastricht Treaty on European Union.
1992 (September) French referendum on ratification of Maastricht Treaty passes by
51–49 per cent.
1993 (January) Single Market comes into force.
1995 (January) Austria, Finland and Sweden join the EU.
1997 (October) Signature of Amsterdam Treaty.
1998 (June) Agreement on the founding members of EMU.
1999 (January) Exchange rates between EMU countries irrevocably fixed in preparation for
transition to the euro (single currency).
1999 (March) Resignation of the Commission after fierce criticism from Parliament over
accounting practices, centred on French Commissioner Édith Cresson.
1999 (December) Luxembourg summit recommends immediate opening of enlargement
negotiations with Central and East European states, Malta and Cyprus.
Turkey’s official candidacy recognised.
2000 (December) Signature of Nice Treaty.
2002 (January) Euro banknotes and coins come into circulation.
2002 (February) Creation of Convention on the Future of Europe, chaired by Valéry
Giscard d’Estaing.
2003 (July) Convention submits draft European constitutional treaty.
2004 (1 May) Entry into EU of Cyprus, Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Malta, Poland, Slovakia, Slovenia.
2004 (18 June) At Brussels summit, EU leaders adopt a modified version of the
constitutional treaty.
2004 (14 July) President Chirac promises referendum on the European constitutional
treaty to be held in 2005.
2004 (December) EU begins negotiations on Turkish entry.
2005 (29 May) French electorate votes no by 54.7 to 45.3 per cent in referendum on
European constitutional treaty.
426 France and European integration
required by a mere trade agreement. They included a supranational High Authority,
headed from 1952 to 1954 by Jean Monnet, the French Planning Commissioner
who had inspired the initial project; a Council of Ministers delegated by member
states; a Court of Justice designed to ensure full and fair application of ECSC
decisions; and a Common Consultative Assembly composed of delegates from
national parliaments. The scope of these institutions, which would constitute the
basis for the future European Union, reflected the double purpose of the ECSC: an
economic organisation, it was also intended for a political purpose – to ensure that
Germany’s industrial recovery was put to peaceful use and to lay the foundations
for long-term Franco-German reconciliation and European peace. Britain, at the
time Europe’s largest steel producer, stayed out of the project.
• The project for a European Defence Community (EDC) was a big bargain that never
was. In effect an integrated West European army, and a framework for rearming
Germany, with a European Political Community associated to it, EDC was pro-
posed by French Prime Minister René Pleven in October 1950, signed by the Six in
May 1952, but killed by a negative French ratification vote in August 1954.
• The Rome Treaties, signed by the Six in March 1957, created the European Atomic
Energy Community (Euratom) and the much more important European Economic
Community (EEC). Under the EEC treaty, the Six agreed to eliminate all customs
barriers between them within twelve years from 1958, to apply a common external
tariff to non-member states, to negotiate international trade agreements jointly,
and to set up a Common Agricultural Policy (CAP): a package quickly known as
the Common Market. The EEC was given very similar institutions to those of the
ECSC (which which, indeed, they were merged in 1967): a Commission which took
the role of the High Authority (enjoying the monopoly of legislative proposals,
though with fewer independent decision-making powers), a Council of Ministers
with the last word on all Community legislation, a Court of Justice and an
Assembly of the European Communities (renamed the Parliament in 1980). On the
other hand, the treaty’s general aim of ‘ever-closer union’ was paralleled by other
relatively vague commitments: no specific arrangements were made in the treaty to
set up the CAP, or to implement a promised common transport policy, while the
dates by which the Council of Ministers might abandon unanimous decision-
making in favour of majority voting, or when the Assembly might be directly
elected, were left deliberately uncertain.
• The de Gaulle presidency could be viewed as a phase of implementation of the
previous big bargain, with the realisation of a Common Market (completed in
1968, eighteen months ahead of schedule) and the start of the CAP from 1967. It
was also, in at least one way, a turning point where nothing turned. The so-called
Fouchet Plan, de Gaulle’s ambitious project for an intergovernmental European
political confederation (by implication, under French leadership) was rejected by
other member states, and particularly the Benelux countries, in 1962; its residue
was the Élysée Treaty of January 1963, formalising processes of friendship and co-
operation between France and Germany but failing to distance Germany from
the American orbit as de Gaulle had hoped. In the so-called Empty Chair crisis of
1965–66, de Gaulle prevented the move towards majority voting in the Council of
Ministers which had been anticipated in the Rome Treaty; the unanimity rule on the
Council was effectively safeguarded by the so-called ‘Luxembourg compromise’ of
January 1966. He also twice blocked attempts by other European states – Denmark,
France and European integration 427
Ireland and above all the UK – to join the EEC. The 1960s could thus be seen as an
illustration of what the determined leader of one member state could do to shape –
and, in many ways, to stall – Europe’s development.
• The agreements reached at The Hague in December 1969 by the heads of state and
government of the Six – and above all by Pompidou, elected French president in
June, and Willy Brandt, elected West German chancellor in October – served to
‘relaunch’ Europe after de Gaulle’s departure. Though not a new treaty, the sum-
mit conclusions served both to ‘complete’ earlier undertakings, and to set an
agenda for the EEC’s ‘deepening’ and ‘enlargement’. ‘Completion’ referred chiefly
to the CAP, now set on a permanent footing and financed through its own
resources – a share of receipts from VAT and from taxes on imports to Europe from
outside the Six – rather than more politically vulnerable national contributions.
‘Enlargement’ meant the opening of the EEC to new member states, hitherto kept
out by de Gaulle’s veto. Denmark, Ireland and the UK joined the EEC in 1973
(and would be followed, after other negotiations, by Greece in 1981; Spain and
Portugal in 1986; Austria, Sweden and Finland in 1995; and the Czech Republic,
Slovakia, Hungary, Poland, Latvia, Lithuania, Estonia, Slovenia, Malta and
Cyprus in 2004). ‘Deepening’ covered two initiatives: European Political Co-
operation (EPC), or attempts to co-ordinate foreign policy, and the setting-up of a
team chaired by Pierre Werner, prime minister of Luxembourg, to report into
prospects for European Economic and Monetary Union (EMU). Each had more
limited short-term effects than expected, but set a longer-term agenda. EPC proved
quite insufficient, for example, to formulate a European response to the energy
crisis of 1973–74, but laid the foundations for a future Common Foreign and
Security Policy (CFSP). EMU took three decades to achieve, not one as initially
hoped, but the Werner Report was the basis for the ‘Snake’ (1972–76) and the
European Monetary System (EMS) of 1979–99 – both initiatives undertaken to
achieve a measure of monetary stability in Europe during the turbulent period
following the collapse of the Bretton Woods system of fixed exchange rates in
August 1971.
• The Giscard presidency, though not a period of intense institutional activity, saw
both the two steps towards monetary co-ordination noted above and two signifi-
cant institutional developments. From December 1974, the EEC heads of govern-
ment (or, in the French case, the president) agreed to meet at least thrice yearly, in
summits which were to be known as the European Council, hosted by whichever
country held the six-monthly rotating presidency of the Council of Ministers. And
the first direct elections to the European Parliament were agreed in principle in
1974 and held in June 1979.
• The Single European Act (SEA), signed in 1986 and ratified in 1987, was a major
treaty revision of both economic and institutional importance. Economically, it
committed member states to eliminating non-tariff barriers to trade, and imple-
menting on the ground the free movement of persons, goods, capital and services
throughout the EEC by 1992. While barriers to trade were, first and foremost,
variations in national norms and standards (some of which served clearly pro-
tectionist purposes for member states), the SEA also placed certain practices of
governments – non-competitive tendering for contracts and subsidies to favoured
firms – in the Commission’s sights as obstacles to effective competition. The
implementation of the Single Market therefore involved a much more complex and
428 France and European integration
invasive reappraisal of national economic policies than the mere dismantling of
customs duties provided for by the Rome Treaty. Meanwhile, the major insti-
tutional change, the adoption of Qualified Majority Voting (QMV) on the Council
of Ministers, for Single Market questions, was adopted to remedy the obstacle
represented by the de facto unanimity rule on the Council of Ministers to the
achievement of a Single Market within a reasonable timescale. QMV gave each
member state a number of votes on the Council of Ministers in (very) approximate
proportion to its size, and fixed a minimum number of votes – typically about
70 per cent of the total – necessary for a proposal to be carried. The adoption of
QMV for SEA matters meant the beginning of the end for unanimity on the
Council of Ministers as preserved by the Luxembourg compromise. The SEA also
provided for two lesser, but still important, institutional changes in the direction of
supranationality. The European Parliament’s role, hitherto almost entirely con-
sultative, was reinforced for Single Market issues by the new co-operation pro-
cedure of legislation; and a Court of First Instance was created to lighten the
burden of business in the Court of Justice – a significant acknowledgement of the
growing importance (and caseload) of the European judiciary.
• The Treaty on European Union (TEU), signed at Maastricht in 1992 and ratified
by all signatories by 1993, committed most member states to phased steps leading
to Economic and Monetary Union – a single currency to complement the single
market (the UK, and then Denmark, opted out of EMU). Exchange rates of
participating member states were irrevocably fixed in 1999, after a period of
economic convergence marked by strict financial discipline (or at least the appear-
ance of it) on the part of governments and central banks; Europe’s single currency
– the euro – has circulated since January 2002. While EMU was the centrepiece of
Maastricht, it was far from the only component. The single currency was to be
flanked by the bases – at least minimal – of a common social policy, in the Social
Protocol, linked to the Treaty but not, at British insistence, included in it. Insti-
tutional reforms within the EEC included a modest extension of QMV on the
Council of Ministers to new areas; a further strengthening of the Parliament, now
empowered to vet an incoming Commission as well as to censure an incumbent
one, and, under the new co-decision procedure, to block legislation on certain
issues; and the creation of a (consultative) Committee of the Regions, reflecting a
greater recognition of Europe’s regions that had also found expression in a doub-
ling of regional aid since 1988. And the EEC itself was complemented by ‘Political
union’, represented by two distinct areas of co-operation, for which the unanimity
rule would apply to decisions in the Council of Ministers: the Common Foreign
and Security Policy (CFSP) and Justice and Home Affairs (JHA). These three
‘pillars’ – the EEC, the CFSP and JHA – would together constitute the new
European Union. At the same time, however, the principle of ‘subsidiarity’ – that
Europe should handle only those tasks that were best addressed at the European
level rather than at those of states or subnational authorities – was formally
incorporated into the TEU.
• The Amsterdam Treaty of 1997 was the first of three treaty changes designed to
adapt the EU’s institutions to new responsibilities and to the perspective of
enlargement to a total of at least 25 member states following the end of the Cold
War. The fact that this took three treaty modifications in seven years illustrates the
difficulty of the task, and especially the reluctance of large member states to
France and European integration 429
surrender their traditional leading role in a bigger EU. Amsterdam saw an exten-
sion and simplification of the co-decision procedure and a corresponding
enhancement of the power of the European Parliament (significantly, the Parlia-
ment chose to flex its muscles in 1999 by provoking the collective resignation of the
whole Commission over allegations of corruption and nepotism; five years later, it
would reject Italy’s nominee for the Commission on the grounds of his reactionary
religious and social views, forcing a recasting of the whole Commission). It created
a limited institutional opening for ‘flexibility’, or enhanced co-operation on specific
issues between some but not all member states. It moved some provisions on immi-
gration and asylum questions, linked to issues of the free movement of people
between member states, from the EU’s third (Justice and Home Affairs) pillar to
the first, and thereby subjected these policies to QMV. Amsterdam also created a
‘Monsieur PESC’ – a High Representative for Europe’s foreign policy, alongside
(and not always in perfect harmony with) the Commissioner for External Affairs. It
put the Maastricht convergence criteria for EMU on a permanent footing, with the
new name of the Stability and Growth Pact. But many critical issues, in particular
how to bring European institutions closer to Europe’s peoples and how to adapt
Europe’s decision-making procedures, initially designed for the Six, to a much
larger membership, were barely addressed. Even the cap of 700 on the membership
of the Parliament was broken in 2004, when MEPs numbered 732. Indeed, the
Commissioner who presented the Amsterdam Treaty to the public expressed his
dissatisfaction by calling it ‘an impenetrable and complex Treaty, timid in the most
sensitive areas such as the common foreign and security policy and weak on the
institutional aspects’.
• The Nice Treaty of December 2000 appeared to achieve one, albeit limited, step
towards rationalising Europe’s decision-making by fixing the new voting strengths
of each member state, and the new Qualified Majority, for a Council of Ministers
in a future 27-member EU, as well as by limiting the number of future Commis-
sioners appointed by each state to one from 2005, even for the five larger states
hitherto accustomed to two. The Treaty also extended QMV on the Council into
new (though mostly uncontentious) policy areas. In addition, the Nice summit
approved a European declaration of fundamental human rights, though at
Britain’s insistence this was not given treaty status. By the time of its signature,
however, the Nice Treaty already appeared inadequate and outdated, in the face
of calls for a much more comprehensive constitutional settlement, emanating
from European parliamentarians, government ministers such as German Foreign
Minister Joschka Fischer and, much more guardedly, from Chirac.
• The European constitutional treaty of June 2004 offered the promise of closing the
cycle of enlargement-driven reforms. Pressures for a long-term constitutional
settlement had led the Laeken EU summit of December 2001 to set up a Conven-
tion on the Future of Europe to be chaired by former French president Giscard
d’Estaing. The Convention presented its draft constitution in July 2003. In some
respects it simply consolidated earlier treaties and existing institutional tendencies:
for example, the co-decision procedure (defining the respective roles of Parliament,
Commission and Council of Ministers) and QMV (for voting in the Council of
Ministers) were to become the norm for most EU legislation, with the Parliament
achieving full status as a co-legislator with the Council of Ministers in most areas.
The Charter of Fundamental Rights of the Union, joined as a simple declaration
430 France and European integration
to the Nice Treaty, became an integral part of the constitutional treaty. Inevitably,
the Convention produced uneasy compromises; it was, after all, attempting to
streamline the EU’s institutions, and especially its executive, without producing a
fully federal project, which would be unacceptable to most member states, and
certainly to Britain and France. Thus the question of a single executive head of the
Union was avoided by proposing a dyarchy between the president of the Commis-
sion and a president of the European Council, now to be elected for two-and-a-half
years, replacing the six-monthly rotation of the presidency between member states.
The post of European foreign minister was created, to replace both the external
relations commissioner and the newer ‘Monsieur PESC’. The new official would
have the office of a vice-president of the Commission but would be appointed (and
revocable) by the European Council. Among the most controversial among the
Convention’s proposals, however, was the replacement of the complex Nice formu-
las for QMV with a much simpler rule: legislation would pass in the Council of
Ministers if supported by at least half the member states representing at least three-
fifths of the population. This readjustment, which reduced voting rights of some
states (especially Spain and Poland) by comparison with Nice, wrecked Italian
Prime Minister Silvio Berlusconi’s plans for the constitution to be agreed in
December 2003 in a second Rome Treaty. Only the election of a new government in
Spain in March 2004 opened the way for the compromise including the raising of
the thresholds to 55 per cent of member states and 65 per cent of the EU’s popula-
tion, which allowed a revised draft to be signed in Brussels in June 2004. It
remained for member states to ratify the treaty, whether via national parliaments
or, in a number of states including France, by referendum by the choice of President
Chirac. On 29 May 2005, after a bitterly fought campaign, the French said a
resounding no to the treaty by a margin of nearly 55 to 45 per cent of valid votes
cast. Three days later the Dutch made the same choice by the even greater margin
of 62 per cent to 38. At the Brussels summit the same June, Europe’s leaders, under
pressure from Britain, suspended the ratification process.
It should be stressed that even if it were ratified (an eventuality which appeared
unthinkable by mid-2005), the term ‘constitutional treaty’ would not make the EU into
anything approaching the superstate of Eurosceptical fantasy. The EU budget amounts
to barely 1 per cent of GDP, compared to over 40 or even 50 per cent in most member
states. Many key attributes of state sovereignty have escaped the EU, partly or wholly.
The common stuff of politics in every member state – taxation, education, healthcare,
social security, defence, policing and justice – remains overwhelmingly under national
control. Despite the ambitions of federalists for a much stronger European defence
force, or for tax harmonisation, this was not about to change. Hence the difficulty of
analysing the EU: although it is more than an intergovernmental organisation and
possesses some state-like qualities, its development is still very much shaped by complex
deals between member states that retain the attributes of sovereignty.
None of these approaches offers an exhaustive account of the development of what has
probably become the most complex polity in human history. To some degree, indeed,
they – or at least the liberal intergovernmental and the institutional perspectives – are
complementary. Liberal intergovernmentalism offers a stronger account of the big
434 France and European integration
bargains, struck at summits or intergovernmental conferences, which have periodically
accelerated the integration process – as of the stalemates which have almost as regularly
blocked it. Here, national players, in the form of heads of government (or, in the French
case, the president) are most directly responsible for the outcome. European institu-
tions, and in particular the Commission, may play a role as agenda-setters, but take a
secondary role in the negotiations themselves. By contrast, the more humdrum business
of European governance may be much more profoundly affected than the big bargains
by European institutional actors – not only the Commissioners who table proposals to
the Council of Ministers and who oversee their implementation, but the Commission
officials who draft proposals, the parliamentarians whose power to amend them has
grown since the 1980s, the European justices who rule on compliance issues, as well as
the ever-growing constellation of interest groups that find it worth their while to lobby
at European rather than, or at least as well as, at national level. Moreover, it is at this
level, in the detailed fleshing out of policies on agricultural markets, or competition, or
environmental protection, that the pressures build that may generate demands that spill
over towards further economic and political integration.
Such a division of labour – intergovernmentalist approaches for big bargains and
neofunctionalism or institutionalism for the day-to-day workings of the EU – is, of
course, an oversimplification. European actors, especially activist Commissioners and
Commission presidents, have played major roles as agenda-setters for the major bar-
gains. Governments, on the other hand, have a significant input at the day-to-day level,
with their instructions flowing in a near-constant stream to the member states’ perma-
nent representations in Brussels, and working groups composed of national civil servants
monitoring the activities of the Commission and forming a steadily more important
underpinning of the Council of Ministers.
A final point about approaches to European integration is that they are not merely
academic analyses. The ‘Monnet method’ of European integration – a paced succession
of limited but practical steps, agreed between elites without excessive publicity,
rather than a grander, more comprehensive, more public, but possibly unachievable
programme – was practically predicated on spillover, and indeed on the creation of
strong European institutions, explicitly with a federalist bias ‘above’ the concerns of
nation states. Similarly, an intergovernmental Europe, with the role of European
institutions downgraded to a merely technical and administrative one, leaving member
states firmly in charge both of the integration process and of the day-to-day running of
the Community, has been the strongly preferred goal of member states and politicians
sceptical of the notion of supranationality. Such a member state, for much of the
integration process, has been France.
Presidential perspectives
Alone among Fifth Republic presidents, de Gaulle viewed European integration, as
defined in the Rome Treaty, as ultimately expendable. The phase of vigorous European
activism of the first four years of his presidency achieved two significant goals – the first
tariff reductions and above all agreement on the launch of the CAP. But having failed
to secure clear French diplomatic leadership via the Fouchet Plan, he shifted his focus
to the wider world stage, and his actions from 1963 served to slow both deepening
(the Luxembourg compromise) and widening (the vetoes on UK entry). In private, he
stressed his indifference to the future of the EEC, and would state in his memoirs that
he had threatened to withdraw France and thus wreck the whole Community if a
satisfactory arrangement on the CAP were not found. For Pompidou, such hauteur was
an impossibility. As a presidential candidate in 1969, he had claimed to offer an ‘open-
ing’ to Europe. In part this was for electoral reasons – he had to attract the support of
pro-European centrists to win – but his reasoning was not merely tactical. As president,
more sensitive than his predecessor to his country’s internal and external vulnerability,
he viewed Europe as a means to protect France’s position in the world, as the necessary
setting for the economic modernisation which, carried to a successful conclusion, could
save France from a repetition of May 1968; UK entry as a means to counterbalance the
growing economic power of West Germany; Economic and Monetary Union as a tool
to protect the CAP from the impact of currency fluctuations. For Dyson and Feather-
stone, Pompidou was a ‘European of the head’, a prudent, reasoned supporter rather
than an outright enthusiast for the European project. This did not prevent him from
sharing much of the traditional Gaullist antipathy to supranational institutions (a view
always encouraged by traditionalists within his own party) and refusing any strengthen-
ing of the Commission or the Parliament; nor from rowing back from monetary union
as its more unpalatable institutional and economic consequences became clearer.
By contrast, Dyson and Featherstone view both Giscard and Mitterrand, unlike their
Gaullist predecessors, as ‘Europeans of the heart’, supporters of the European project
for its own sake. Giscard and most of the non-Gaullist moderate right-wing groups that
he coralled into the UDF were always less prickly than the Gaullists about transfers of
national sovereignty. As finance minister, Giscard had favoured moves to monetary
union as early as the mid-1960s, and the EMS stands as one of the major integrationist
moves of his presidency. His second prime minister, Raymond Barre, had been a
France and European integration 439
European Commissioner. Neither of the two institutional reforms of his presidency,
direct elections to the European Parliament and the launch of the European Council,
would have been possible under Pompidou. The former was blocked by the reluctance
of Gaullists (including the president) to give a European institution the legitimacy of
universal suffrage. The notion of regular summits suffered from suspicion from
France’s European partners towards anything resembling a big power directory or a
revival of the Fouchet Plan – a suspicion that was much moderated once France had a
non-Gaullist president. And Giscard’s post-1981 record, especially his chairmanship
of the Convention for the Future of Europe in 2002–3, testifies to his continuing
European credentials. At the same time it would be quite false to present Giscard as an
out-and-out federalist. With the exception of direct elections to the EP, the advances
made in European integration during his presidency were either outside the scope of
treaty institutions altogether, or of an intergovernmental stamp (the European Council,
itself only recognised in a European treaty in the Single European Act, twelve years
after its creation). The Giscard presidency saw neither a strengthening of the Commis-
sion nor any challenge to the Luxembourg compromise. Moreover, the president was
operating under greater constraints than his predecessors. Giscard’s main European
partner, Helmut Schmidt, had little time for supranational European institutions; the
wider political environment, in the aftermath of the first oil crisis, did not favour new
European initiatives that would tie the hands of national governments; and the Gaullist
partners in Giscard’s right-wing coalition were quick to attack any perceived sell-out to
Brussels. Even a fully federalist president, therefore, would have faced difficulties
advancing the integrationist project much further.
François Mitterrand’s support for European integration, though underplayed during
his 1981 election campaign, represented one of the few consistencies of opinion in the
course of his career. He had, for example, backed the EMS project in 1978. And it is
hard to imagine a de Gaulle or a Pompidou saying, as Mitterrand did in 1986, ‘France
is our patrie, but Europe is our future’. Mitterrand’s creativity in accepting a large-scale
liberalisation of France’s economy (and in doing so, following a conservative-liberal
consensus which had been growing in the Finance Ministry since the late 1970s), but
harnessing it to a European project that was given the stamp both of neo-Gaullism
(Europe as an economic pole independent of the United States) and of social dem-
ocracy (Europe as a model of the social market economy) transformed an economic
constraint into a political opportunity. At the very least, it was an impressive sleight
of hand; arguably it was the major achievement of his presidency. Mitterrand also had
accomplices. Helmut Kohl, throughout a long chancellorship (1982–98), explicitly
linked his ambitions for Germany to the development of Europe, and sought thereby
to make them as non-threatening as possible. Jacques Delors had left his post as
Mitterrand’s finance minister to become the longest-serving president of the European
Commission (1985–94). Determined to make Europe a model of economic growth and
of social justice, Delors was also keen to use the opportunities offered by the European
agenda – notably the Single Act and EMU – to reinforce the standing of the Commis-
sion generally and of his office in particular. Mitterrand did not share the quasi-
federalist views of Delors, and in common with other European leaders was careful, in
the Maastricht negotiations, not to link Europe’s new areas of competence to big
increases in the Commission’s powers (hence the intergovernmental character of the
second and third pillars of the new EU). But Delors was an important ally because of
his ability to bend European rules in France’s favour on occasion, his skill at reinforcing
440 France and European integration
French networks in the Commission, and the reassurance he offered the public that
integration was a French project. Like Delors, Mitterrand was in no doubt of the
historic importance of what he was attempting. Of detractors who criticised him for
tying the hands of future generations, he answered ‘They understand perfectly. That is
exactly what we have tried to do; to arrange matters so that no-one will ever be able to
turn the clock back.’
There is a sense in which the Chirac presidency, in relation to Europe, has been
everything that Mitterrand’s was not. The first president of Gaullist family since
Pompidou, Chirac had distinguished himself during the first direct European election
campaign, in 1978–79, by a histrionic attack on the Giscardians as agents of a foreign
power (by implication, Germany). This did not mean that Chirac’s European views
were a throwback to those of the General; indeed, he fought the 1984 European elec-
tions in tandem with the same Giscardians he had denounced five years earlier, sup-
ported the Single European Act, and after much hesitation threw his weight behind a
yes vote for the Maastricht Treaty (which, given the narrowness of the result, might be
said to have saved the whole project). It would be more accurate to say that Chirac has
approached Europe, like most political issues, as a tactician without excessive regard for
consistency, but always with one eye firmly fixed on domestic politics, in sharp contrast
to de Gaulle. In the 1995 presidential campaign, that meant setting himself apart from
his orthodox rival Balladur by espousing a form of left-wing Euroscepticism, question-
ing France’s obligations under the Maastricht Treaty and even calling for a further
referendum before the final transition to the euro. No such referendum was held after
Chirac’s victory, and within six months he had effectively adopted the balladurien
sound-money policies that he had attacked in the spring. With fewer fixed views, Chirac
also lacked comparable partnerships to those of his predecessor. Kohl was politically
weakened towards the end of his chancellorship, and would lose power in 1998 to a
Social Democrat, Gerhard Schröder, for whom Europe was a lower priority. The
replacement of Delors by Jacques Santer as Commission president, meanwhile, sig-
nalled the reining-in of the Commission as a leading actor, a tendency that would be
confirmed when the Santer Commission resigned in 1999 after being investigated by the
Parliament over corruption allegations.
There were many reasons why the treaty negotiations of the 1997–2004 period –
Amsterdam, Nice and the constitutional treaty of 2004 – were more ill-tempered and
nationally competitive than the SEA or Maastricht. They included the inherent dif-
ficulty of institutional reform to accommodate a much larger EU, France’s long
cohabitation of 1997–2002 and the rise of Euroscepticism among many European
electorates in the post-Maastricht period; but to these should probably be added the
absence of a mutually trusting and confident core group of integrationist European
leaders. Chirac’s priorities were often defensive: preserving France’s (near) parity of
representation with Germany on the Council of Ministers, despite Germany’s greater
population (he achieved this, at the cost of much ill feeling, at Nice, though not in the
2004 treaty); ensuring that a Frenchman, Jean-Claude Trichet, would be the second
governor of the European Central Bank; resisting Schröder’s attempts, in the frame-
work of the Agenda 2000 initiative, to cut Germany’s net budget contribution; safe-
guarding the CAP, at least for a few more years. The opening of the debate on a
European constitution, in 2000, saw both Chirac and indeed his Socialist Prime Minis-
ter Jospin cut very cautious figures by comparison with the more radical Germans,
especially Foreign Minister Joschka Fischer. The one area in which Chirac might be
France and European integration 441
identified as an innovator was in the Common Foreign and Security Policy, where he
seized the opportunity presented by the British acceptance of an EU-linked defence
structure to promote the constitution of a 60,000-strong Rapid Reaction Force dedi-
cated to peacekeeping and peacemaking tasks in Europe. The CFSP remained, how-
ever, on a strictly intergovernmental footing, and the experience of the 2003 Iraq war,
while it found Chirac deeply in tune with most European publics in his opposition to
war, was also a striking display of continuing foreign policy divisions between France
and Britain, the two leading European powers in terms of defence capability. But
Chirac will be remembered above all as the president who called the referendum of May
2005 on the European constitutional treaty, again largely for tactical reasons, and lost it
owing to a combination of an unfavourable context (rising unemployment and an
unpopular government), a vigourous no camp (given the unexpected reinforcement of
Laurent Fabius and a large wing of the PS) and a poor yes campaign that alternated
between silence and arrogant claims that the no supporters were irresponsible and
anti-European.
French presidents vary in their commitment to European integration, but their free-
dom to translate such commitment into practice has also depended on context and on
the backing of other member states. Even de Gaulle’s refusal of supranationalism
during the Empty Chair crisis won the tacit connivance of other governments, reluctant
to see a too-powerful Commission. Presidents who have sought to further integration
have always acted in partnership. Of the partners available, none has been more
important than Germany. That relationship, though now less kind to France than in the
past and less powerful itself in a larger EU, remains crucial to France’s position in
Europe.
Table 14.2 Attitudes to European integration in France and Europe, 1980–2004 (answers to
questions: ‘Is your country’s membership of the EEC/EU a good thing/bad thing?’
and ‘Has your country benefited from EEC/EU membership?’)
1980–84 55 54 8 14 30 25
1985–89 69 63 5 10 23 22
1990–94 59 62 11 11 26 23
1995–99 50 52 15 14 31 27
2000–4 47 51 15 14 34 29
Has benefited Has not benefited Don’t know
1986–89 58 54 22 29 20 18
1990–94 48 51 31 30 21 19
1995–99 46 46 34 34 21 21
2000–4 49 48 30 31 21 20
Source: Eurobarometer.
France and the rest of Europe, has varied somewhat with the economy, the brief
recovery towards the turn of the millennium was short-lived, and never brought sup-
port back to the levels of the late 1980s. Thus while at least half of French respondents
took a positive view of EEC/EU membership in every poll from 1981 to 1995, the figure
reached 50 per cent in only one-third of polls between 1996 and 2004. Heroic leadership
in Europe in the late 1980s corresponded to a degree of public optimism; for political
leaders to attempt the same a decade later would be much more hazardous. At the same
time, support for European integration varies, in France as in the rest of the EU,
both with age and with levels of education and income (Euro-enthusiasts thus tend to
be young and educated, or else elderly – having known the war years – and retired).
Better-educated respondents are likely to be more informed about and more supportive
towards the EU; they are also somewhat more likely to be better-placed on the emp-
loyment market and less personally vulnerable to the risks of heightened competition
entailed by integration.
But it is where French opinions diverge from European averages that the ambiguities
of France’s role, discernible among the political elite, are most clearly reflected among
the public. Like their leaders, the French take a more ambitious view of Europe,
in some respects, than other European citizens. This is notably true of questions of
defence and foreign policy. As early as 1987, 20 per cent of French respondents, against
an EEC average of 9 per cent, said they thought of the EEC’s international role when
they thought of Europe. In 2004, 52 per cent of French respondents, against 45 per cent
across the 25-member EU, supported defence decisions being taken by the EU, and
not national governments or NATO. On a wide range of measures linked to the CFSP,
including the need to reach common foreign policy positions, to have a single European
foreign minister, and even to move to a single European representative on the
UN Security Council, French support for integration was higher than the European
474 France and European integration
average. At the same time French respondents remained more worried than the Euro-
pean average by a whole series of concerns closely linked to the French economic and
social model: job losses to cheap-labour East European countries, the downgrading of
social benefits, or new difficulties for farmers (Table 14.3). These concerns helped make
the French public more opposed than any in Europe to Eastern enlargement, and while
these misgivings had moderated by the spring of 2004, they remained more intense than
among most of France’s partners.
On the face of it, therefore, it appears that there is a more or less perfect fit between
voter attitudes and the behaviour of mainstream French politicians in relation to Euro-
pean integration – grandiloquently warm towards the principle, deeply cautious about
the material implications. The impact of Europe on French politics is, however, less
predictable than such an observation would suggest. Europe has affected French
politics and even the French party system, but in largely indirect ways.
In the first place, the French, like other Europeans, are not actively engaged with
Europe from day to day, and this inevitably affects their behaviour at European elec-
tions. Only 12 per cent of French poll respondents in 2004 took the view that the
European parliament had a substantial effect on them personally, against 34 per cent
for the French government and 28 per cent each for the National Assembly and their
regional council. This fairly dismissive attitude to the EP again reflects that of French
politicians, who tend to treat European elections as a beauty contest for political parties
and personalities rather than as a process designed to give some 700 MEPs a demo-
cratic mandate to legislate. By 2004, thanks in part to their habit of multiple office-
holding, French MEPs had a worse attendance record than those of any other EU
country. Almost every senior French politician, including Chirac and Juppé, Hollande
and Fabius, has won election at one time or another to the European parliament, in
order to achieve a good personal or party score, only to resign a few weeks after the
poll; with limitations on the cumul des mandats in force, a town hall and a National
Assembly seat have almost invariably proved more vital assets than a seat in Strasbourg
(Bernard Tapie, the exception that proved the rule, hung onto his Strasbourg seat so as
to claim parliamentary immunity and stay out of prison). Rare, too, have been the
mainstream parties that have campaigned on European rather than national issues.
This is an invitation to voters, themselves uncommitted to the institution of the Euro-
pean parliament, to vote with their spleen or not at all. French turnout at European
elections (Table 14.4) has followed a fairly steady downward path, usually at levels
2–4 per cent below the (similarly declining) European average.
Table 14.3 French fears of Europe, spring 2004 (% agreeing in each case)
France EU15
Table 14.4 Turnout at European elections in France and EEC/EU, 1979–2004, as % of registered
voters
Secondly, as we have noted in Chapter 9, the behaviour of those of the French who
do vote at European elections differs from that of French voters at most presidential or
legislative elections; and proportional representation ensures that this is reflected in the
results. Although the first European elections, in 1979, gave an outcome roughly within
the framework of the bipolar quadrille (though with an unprecedented showing for an
ecologist list, which won over 4 per cent of the vote), every vote since then has produced
surprises. These have included:
• in 1984, the emergence of the FN at over 10 per cent of the national vote, and a big
new fall in support for the PCF, on top of that of 1981;
• in 1989, a rebellion of younger politicians of the mainstream Right (the rénova-
teurs) during the campaign; the success of Antoine Waechter’s Verts in winning
over 10 per cent of the vote; and the first electoral outing of the Chasseurs;
• in 1994, the historically low score of the PS with a mere 14 per cent; the zenith of
the Radicals under the mercurial leadership of Bernard Tapie; and the emergence,
for once on European themes, of the Eurosceptical Left (under Chevènement,
whose list achieved a mere 2.5 per cent) and the Eurosceptical Right (under
Philippe de Villiers, who managed a more impressive 12.4 per cent);
• in 1999, the split and defeat of the mainstream Right, with the Eurosceptical
Pasqua/de Villiers list winning 13.1 per cent against a mere 12.7 for the ‘official’
Sarkozy/Madelin list; the split and defeat of the Front National; strong perform-
ances for both the Chasseurs of CPNT and their enemies Les Verts; and the arrival
of the Trotskyist far Left in the Strasbourg parliament;
• in 2004, under a more restrictive regionalised semi-proportional system, the defeat
of the governing UMP, reduced to a mere 16.6 per cent of the vote and flanked by
competitors of the Centre (the UDF) and the Eurosceptic Right.
More generally, European elections have tended to produce very fragmented results;
in 1999, for example, twenty lists ran nationally, of which nine passed the 5 per cent
threshold to win seats. To some extent these results should be treated as inconse-
quential, a ‘rite of passage before serious business starts’, as the UMP Deputy Pierre
Lellouche described European elections. Or as Philippe Méchet observed in 2000,
‘Every five years, France becomes Italy, but always returns straight afterwards to the
specificities of its own system.’ Yet the dispersal of votes that this type of election has
encouraged has tended, with time, to spill over into electoral behaviour at national
elections, most obviously to the presidency in 2002 (see above, p. 267).
The French electorate has also had the chance to affect Europe’s future more directly,
in the three referendums of 1972 (on enlargement), 1992 (on the Maastricht Treaty) and
2005 (on the European constitutional treaty). Each referendum has seen an unexpect-
edly good mobilisation of the Eurosceptical camp. In 1972 this led to a strong yes result
476 France and European integration
but high abstention, largely due to the Socialists. In September 1992 the yes won by
barely half a million votes – 51 per cent to 49 – despite having led the polls by 69 per
cent to 31 the previous June. In May 2005 the yes camp, having led by the same margin
six months earlier, was in a minority of barely 45 per cent on polling day.
One reason for these unexpected results is that the fuzzy pro-European sentiments of
some voters have not withstood exposure to the more concrete stakes of Europe as
presented in the referendum campaigns: as we have seen, Europe has become the focus of
many French fears. Another reason has been that the presidents who initiated each
referendum have done so, at least in part, for reasons of narrow and above all ill-
calculated political advantage. Each was intended to place the president centre-stage and
enhance his standing with a victory at the polls – in Pompidou’s case in order to refocus
attention on himself rather than his prime minister Chaban-Delmas, in Mitterrand’s and
Chirac’s to recover from a period of deep unpopularity. In no case did they succeed in
this. The yes vote at the referendum of 1972 was too lukewarm to help Pompidou, that of
1992 too close to reinforce Mitterrand, while Chirac saw his popularity plummet to new
lows after his defeat in 2005. On the other hand, each referendum was also meant to split
the opposition, and in this respect presidents have met with growing, but increasingly
dangerous, success. In 1972, the Socialists and Communists agreed to differ (the Com-
munists voted no, the Socialists abstained), and simply resumed their march towards the
Common Programme after the poll. Twenty years later, the Gaullist RPR rebelled
against Chirac’s support for the Maastricht Treaty: Charles Pasqua and Philippe Séguin
mobilised some two-thirds of RPR voters against it. But the right-wing opposition
regrouped within a fortnight of the poll, going on to win a resounding victory in the
March 1993 parliamentary elections. Similarly, when Chirac announced on 14 July 2004
that the European constitutional treaty would be submitted to a referendum he certainly
aimed to divide the left-wing opposition, and especially the Socialists, who had scored
impressive victories at elections in March (to regional councils) and June (to the Stras-
bourg parliament). In this he was probably more successful than he wished; it was the
unexpected opposition to the treaty of clear majorities of Socialist and Green voters
(Appendix 5) that handed victory to the no camp.
Underpinning these presidential strategies has been the fact that the positions of
French voters, and indeed of French parties, over European issues cut right across
habitual party divisions. Whereas some West European countries, like the UK since the
late 1980s, have a broadly pro-European Left and a more Eurosceptical Right, and
others, especially the Scandinavian countries, are more Eurosceptical on the Left than
on the Right, the French graph of support for Europe against the Left–Right division
is (like those of Belgium or Germany) an inverted parabola. The far Left opposes
European integration because of a deep-seated suspicion of the economic liberalism
central to the European project. The far Right opposes it for nationalist reasons, out of
hostility to anything resembling a transfer of sovereignty. Most parties between centre-
Left and centre-Right support integration, but, elements of them may be persuaded to
join the Eurosceptical extremes depending on the context.
This pattern, and its variable nature, were clear from the parliamentary votes on
ratification of the European treaties of the 1950s. Thus the ECSC, carried in 1951
by the mainstream parties of the Fourth Republic – Socialists, Christian Democrats,
Radicals and most conservatives – was unsuccessfully opposed by Gaullists, Commun-
ists and a minority of conservatives. These usual Eurosceptical suspects were joined in
the 1954 EDC vote by a further contingent of conservatives, the Jacobin left wing of the
France and European integration 477
Socialists, half the Radicals and even a handful of Christian Democrats, the most
consistent pro-Europeans on the French political spectrum; a combination big enough
to sink EDC for good. Forty years later this distribution was reproduced, approxi-
mately but by voters not Deputies, at the Maastricht referendum. The FN had replaced
the Gaullists on the far Right of the spectrum, and the yes vote was skewed leftwards
(and the no rightwards) because it was Mitterrand who had called the referendum. But
the resemblances to the pattern of the early 1950s remained striking. The no won
majorities among supporters of the PCF (84 per cent), the RPR (69 per cent), the FN
(93 per cent) and those with no party preference (64 per cent); the yes vote was concen-
trated chiefly among supporters of the PS (76 per cent) and to a lesser extent among
those of the two Green parties (57 per cent) and the UDF (59 per cent).
These figures pose the question of the emergence of a ‘European cleavage’ in French
politics that durably structures the behaviour of parties and voters. The answer to such
a question should probably be negative, for two reasons. First, voters’ rejection of
Europe has tended to go hand in hand with a wider opposition to the political estab-
lishment generally, and with a range of ‘anti-universal’ (ethnocentric and authoritar-
ian) values: Euroscepticism (or for that matter Euro-enthusiasm) has proved hard to
isolate from these other traits. Secondly, there is little evidence that a European cleavage
is a powerful structuring agent in election after election, in the same way as the Left/
Right distinction clearly is. In March 1993, for example, when the French returned to
the polls to elect their Deputies just six months after the Maastricht referendum, the
Left/Right pattern fell back into place, with plenty of help from France’s institutions:
the RPR and the UDF, despite European differences, ran joint candidates in most seats
and even Socialists and Communists cobbled together a second-ballot withdrawal
agreement.
Nevertheless, even if the notion of a cleavage should be rejected, it is clear that
European issues have affected the French party system. They have led to splits, albeit
limited ones, within the PS and the UDF (both in the aftermath of Maastricht) and the
RPR (after the Amsterdam Treaty). They also highlighted long-term fault lines even
within the surviving big parties. Within the PS, for example, there had always been
tensions between the statist, Jacobin wing of the party and the more Girondin, reform-
ist wing, long led by Rocard and more inclined to delegate state power to Europe,
regions and civil society. A similar division operated on the moderate Right, coinciding
partly but not perfectly with the division between the UDF (with its big contingent of
Christian Democrats) and the neo-Gaullist RPR. While the Eurosceptic parties that
emerged from these splits tended to be small or ephemeral, they were not negligible
either: Chevènement’s presidential candidacy, for example, could certainly be said to
have cost Jospin, if not the presidency itself, then at least his place at the run-off in
2002. Moreover, if Europe did not establish a new and distinctive cleavage pattern, it
still demonstrated a capacity to modify electoral behaviour durably. This is indicated
most tellingly, perhaps, by the loss of PS support, after the Maastricht referendum,
among those social groups – the less educated, and blue- and white-collar workers –
which had constituted significant electoral reserves for the PS but which were among
the most reluctant to vote for the treaty signed by Mitterrand. The PS voter of the
1990s and after had an increasingly bourgeois aspect, embarrassingly for a party that
aimed to redress inequalities in society.
This was the context of the campaign for the 2005 referendum. Both history and
circumstance made it wholly predictable that the treaty would be opposed by the FN
478 France and European integration
(Le Pen had campaigned for France to leave the EU in 2002), by the ‘sovereignist’ wing
of the moderate Right (de Villiers, but also a fraction of the UMP led, since Pasqua’s
and Séguin’s effective withdrawal from politics, by Nicolas Dupont-Aignan), by the
PCF (whose leader, Marie-Georges Buffet, saw an opportunity to regain some of the
radical credentials her party had lost in government before 2002), by the far Left and by
the much reduced Chevènement forces. What was crucial, though, was the capacity of
the no camp to attract personalities and voters from the parties of the centre. This was
assisted, first, by the nature of the treaty itself. Though much simplified by comparison
with the European treaties it was intended to replace, the document distributed to the
voters was, at 448 articles and over 80 close-packed pages (plus as much again in
annexes and additional protocols) distinctly longer, more technical and more obscure
than the constitution of, say, the Fifth Republic. Easy to pick at and criticise, it was
much harder to present as offering an attractive vision for Europe’s future.
On the Right, objections to the document itself focused chiefly on the end of the
Maastrichtian distinction between the economic ‘pillar’ of the EU, governed by quali-
fied majority voting on the Council of Ministers, and the other two pillars, covering the
regalian branches of state activity (justice, home affairs, foreign policy, defence) and
still requiring unanimity for legislation to be adopted. If the treaty came into force,
justice and home affairs would now, with few exceptions, fall under the qualified major-
ity régime, and a range of policies on asylum, immigration and citizenship would be
decided at European rather than national level. At least as important as this, however,
was the way in which the debate on the treaty itself was paralleled – or polluted – by
another, on the admission of Turkey. This was premature. Although Turkey began
formal negotiations for entry to the EU in December 2004, the European Commission
had made it clear that Turkey would enter, if at all, only after a decade and more of
negotiations and convergence – a long delay for a country that had been an associated
state of the EEC from 1959, and an official entry candidate since 1987. And the adop-
tion, or not, of the constitutional treaty would not affect the Turkish issue one way or
the other. But Chirac, conscious of public misgivings, had promised that once Bulgaria
and Rumania (due to join in 2006) had entered, France’s acceptance of any further EU
members (meaning Turkey among others) would be conditional on a yes result in a
referendum. This provoked an immediate debate in the National Assembly in October
2004, and a rash of opinion polls. The political debate blurred not only traditional
party boundaries but also France’s normal divisions over Europe. As early as 1963, de
Gaulle, no enthusiast for enlargement in general, had spoken of Turkey’s ‘European
vocation’ (in a rather more welcoming tone than he used for Britain in the same year);
forty years later, his successor Chirac was one of Turkey’s foremost advocates. By
contrast, the UDF, the most ‘European’ party but also the most attached to Europe’s
Christian legacy, was largely opposed; while the Communists, outright opponents of
Maastricht in 1992 and of the Constitution in 2004, still favoured Turkish entry on
grounds, officially, of internationalist solidarity. Whatever the party divisions, however,
the French voters were full of misgivings, with between two-thirds and three-quarters
of poll respondents ready to vote no at a (distant) referendum on Turkish entry. That
reflected a widespread view that Turkey was too big, too poor, too Asian and too
Muslim to be a comfortable European partner; it was a favoured theme of de Villiers,
whose campaign linked it clearly, and misleadingly, to the constitutional treaty.
But it was from (some of) the ranks of the Left that the loudest objections were raised
in the months after the European Council adopted the Constitution in June 2004.
France and European integration 479
These objections were far from unanimous: for some, including François Hollande,
Lionel Jospin, Michel Rocard, Élisabeth Guigou or Martine Aubry, the EU offered
the world’s best chance to resist an unrestricted ‘Anglo-Saxon’ capitalism, and the
constitution, whatever its faults, offered an indispensable reinforcement for Europe’s
institutions. For others even within the PS, for left-wingers like Henri Emmanuelli and
Jean-Luc Mélenchon but also for former ministers like Paul Quilès, Pierre Joxe and
above all Laurent Fabius, the constitution was ‘incompatible with socialism’. Its long
series of articles (III-130 to III-166) systematising long-standing European bans on
most imaginable obstacles to free trade and fair competition, contrasted with a much
shorter sequence (III-167 and III-168) setting out possible exceptions (such as public
subsidies for disaster areas, underdeveloped regions, or major joint European projects).
Meanwhile, the industrial relations and worker protection policy set out in the constitu-
tion was defined in general terms, and explicitly excluded minimum wage levels, or the
rights of association, the right to strike, or the right to lock workers out – making any
‘levelling up’ of worker protection impossible, according to the constitution’s left-wing
critics, and encouraging a ‘race to the bottom’ between European states from which
French wage-earners would suffer. The notion of public services, with their indispens-
able guarantee of equal access to all, received only brief and general mention in the
text. As Olivier Duhamel (a Socialist member of the Convention, and a vigorous
supporter of the constitution) wrote, getting public service into the text at all was a
struggle, won at the price of abandoning any reference to what services should be
covered or what principles should govern them.
For Duhamel, Hollande, or Jospin, this was better than nothing and certainly no
worse than the status quo of the existing treaties, from which most of Part III had in
any case been drawn, at the insistence of the governments of member states. But a key
argument among Socialist opponents of the draft constitution was that by supporting a
text that contained so few of the guarantees of jobs, public services and social protec-
tion that they had sought, the PS would cut itself off permanently from those groups –
the blue and white-collar working class, especially in the public sector – which were
central to its identity as a left-wing party. By refusing a constitutional treaty proposed
by Chirac on the basis of a draft submitted by a convention chaired by Giscard, on the
other hand, the PS would be putting clear water between itself and a right-wing, and
highly unpopular, president and government, and sending a clear message to workers
that their support mattered.
Among PS members, the yes camp won the argument, by a margin of 56 to 44 per
cent, at the internal party referendum on the treaty held in December 2004. This,
assumed most observers from Chirac down, would guarantee the solidity of the pro-
treaty forces at the centre – PS, UMP and UDF – and thus a successful referendum.
Three elements proved them wrong. First, the leaders of the no camp in the PS took no
account of their party’s vote and went on campaigning against the treaty, some (like
Mélenchon) in open and effective partnership with the PCF and the far Left. Their
party leader Hollande, no doubt wishing to hold the PS together, did nothing to stop
them. Second, the no camp made the most of a wave of industrial unrest, linked to pay
demands and to government measures to introduce ‘flexibility’ in the application of the
35-hour week, that affected France during the first quarter of 2005. Third, the so-called
Bolkestein directive (known after the Dutch commissioner responsible for it) on the
single market in services added further grist to the no camp’s mill, as it suggested that
suppliers of services across the EU could work under the labour laws of their country
480 France and European integration
of origin, not of the state where the services were supplied. This allowed the treaty’s
opponents to conjure up a mythical image of the ‘Polish plumber’, who would take
advantage of the directive (and of the treaty) to undercut his French competitors on
their home ground. Chirac’s sudden message to the Commission that the directive was
‘unacceptable in its present form’ (he had signed it without misgivings in 2002) was too
late and too tactical; the damage was done. The second week of March 2005 saw both a
big demonstration on pay and the 35-hour week and the peak of the controversy over
the Bolkestein directive. Within days the yes camp’s lead in the polls had evaporated. Its
fate was sealed by the ineptitude and disorganisation of the yes campaign, which alter-
nated between quietism, arrogance (the claim that it was impossible for pro-Europeans
to vote no) and incomprehension (a disastrous television broadcast in which Chirac
faced the hostile questions of a group of young people); and by the attempts of the
Raffarin government to suppress a public holiday, Whit Monday, just a fortnight before
polling day.
The salience of these concerns about social protection, and the fact that it was a
right-wing president who had called the referendum in the first place, gave the no vote a
leftward skew. The extremes – 95 per cent of PCF voters and 96 per cent of FN
supporters – were solidly, and symmetrically, against the treaty. The moderate Right
was kinder to it than it had been to Maastricht: both UMP and UDF supporters voted
yes by a margin of three to one. More remarkable, however, was the rejection of the
treaty by a clear majority of the moderate Left – 64 per cent of Green voters and 59 per
cent of Socialists. Most striking of all was that class, an increasingly poor predictor of
voting on the Left–Right spectrum, became a rather good one for the referendum. The
no camp attracted 81 per cent of the blue-collar workers who voted, 60 per cent of the
white-collar workers, 55 per cent of the small business vote, and 54 per cent of techni-
cians and lower management; managers and professionals, voters with a university
education and the retired were the only groups that showed a majority in support of the
treaty (Appendix 5). Compared with Maastricht, all categories moved towards the no
camp (except for small business owners, who remained stable); the strongest shifts were
among the old blue-collar working class, and among public-sector wage-earners –
favourable to Maastricht, and believing their jobs secure, in 1992, but hostile to the
constitutional treaty, which they viewed as a threat to their livelihoods, in 2005.
The previous no majority at a French referendum had signalled the end of an era; de
Gaulle was gone within less than 24 hours of the result, true to his belief that office
without the voters’ support was not worth keeping. Chirac, for his part, merely sacked
his prime minister. This did not prevent the president, as well as Raffarin, from being a
casualty of the referendum; his poll ratings dropped to a record low in the following
weeks. He could take some consolation from the damage done to the PS and in particu-
lar to its leader François Hollande, whose successful record in 2004 was wholly eclipsed
by the referendum result; but not from the reinforcement of Sarkozy, who had remained
discreet in the referendum campaign and who was now invited to combine party and
government office. Beyond France, the no vote produced few of the results its sup-
porters had hoped for. In particular, the chances of a renegotiation of the treaty to
include more of the social provisions dear to the French left, held out by the no
campaign as a real possibility, appeared more remote than ever a month after the
referendum. France’s role in Europe was damaged, temporarily at least; at the Brussels
summit that followed the debacle Chirac was not even, quite, able to rally twenty-three
more states against the British budget rebate. The EU, meanwhile, though not thrown
France and European integration 481
into crisis – the Nice, Amsterdam and Maastricht treaties remain its framework of
governance – suffered a lowering of horizons, comparable to that of the later de Gaulle
period: able to continue on a day-to-day basis, but hardly to progress, still less to lead.
Concluding remarks
Having influence in Europe matters. It matters partly for geopolitical reasons, as a
multiplier of national influence on the world stage, but above all, as Anand Menon has
observed, for the economic advantages of being able to upload national policy to the
level of Europe, with its market of 400 million.
Yet if Europe, as Mitterrand said, is France’s future, it appears to be a future of
declining French influence. We have already noted several signs of this. The CAP has
been dethroned from its pre-eminent place among EU policies. The CFSP has not so far
furthered a European foreign policy, still less a substantial defence capability, enjoying
any great degree of independence from the United States: the French stance on Iraq,
though shared by several governments (notably the German and Belgian) and by a
majority of European citizens, was still not a European policy, rather to Chirac’s frus-
tration, and the chances of reinforcing France’s political identity in world affairs were
badly damaged by the defeat of the constitutional treaty. The French tradition of
public services is threatened by competition policy, France’s predilection for deficits by
the Stability and Growth Pact. Disputes with the Commission over subsidies and mer-
gers, and over the size of the French deficit, as well as France’s slowness to transpose
European legislation into national law, testify to a difficulty, or reluctance, to adjust
even to EU measures consented by France. Three other signs, of a more trivial kind,
can be mentioned.
While France remains one of the leading players, as a founder state and one of the
four largest countries, it has indubitably lost the pre-eminent position it enjoyed until
the early 1990s. One obvious interpretation of this decline is that all member states
taken individually, France among them, have seen their influence diminish with the
reinforcement of the EU. As the EU has taken on a more constraining and state-like
role, adopting QMV in more areas, strengthening the role of the Parliament, and
reinforcing a legal order headed by the Court of Justice so all national sovereignties
have been eroded, as they were meant to be. And as the EU has accepted successive
enlargements, its early clubbish style has given way to altogether more rule-bound and
bureaucratic operating procedures; the Permanent Representatives’ lunch, for example,
traditionally an excellent informal setting for settling differences between member
states, has now succumbed, as it was bound to beyond a certain size, to the usual
paraphernalia of interpreters and microphones. The difficulty with this view, however,
is that other states, notably the UK, appear, on the contrary, to have gained European
leverage as the EU has enlarged. The explanations of France’s decline lie rather in the
change in the balance of power and policy preference within the new EU, and the
manner in which different member states have reacted to them.
Three external constraints, all dating from the early 1990s, go some way to account-
ing for France’s changed position. The first is the changing balance of Franco-German
relations after 1989. The enhanced position on the European and world stages that
France drew from the ‘privileged partnership’ always depended on Germany’s accept-
ance of a politically subordinate status that was at variance with growing German
economic strength. A consequence of the defeat of 1945 and of the Soviet threat, and
thus inevitably temporary, this political subordination was (largely) thrown off, with
unexpected speed, after unification and the break-up of the Soviet Union.
The second external development that worked to France’s disadvantage was
spread of the neo-liberal world economic order which has taken shape in parallel with
European integration. Not only has trade liberalisation been central both to the EEC
and to the EU; both have constantly interacted with global trade liberalising measures
ever since the Commission negotiated in the name of all the member states in the
Kennedy Round of tariff reductions undertaken within the framework of the GATT in
the mid-1960s. What has changed since 1989 has been the acceleration of this process,
as outlined in Chapter 1, with the disappearance of a Communist bloc and the con-
sequent arrival of new countries within the global trading system and the WTO, the
France and European integration 483
diminution of technical obstacles to free trade, and the extension of the range of
economic activities within the WTO’s purview. This had inevitable consequences for the
EU: most directly, the increased pressures on the CAP. More broadly, given the impos-
sibility of opting out of the world trading system (unthinkable for France after the
decisions of 1983, let alone for the UK, Holland, or Germany), it required the EU
countries to adapt to a vastly more competitive environment. For France, as a country
with a long-standing preference for dirigisme and protectionism, ready to liberalise but
at a measured pace, this posed particular problems of adjustment.
The third and most recent development has been the eastward shift of the EU’s
centre of gravity with the admission of the states of the former Eastern bloc in 2004.
This is likely to prove more than a mere geographical shift. Most of the new members
were vigorously Atlanticist and supported the 2003 Iraq war, much to Chirac’s irrita-
tion; most were also strong supporters of Thatcherite neo-liberalism; and most were
historically part of an Austro-German sphere of economic influence to which they
returned after 1989. The position in the EU of countries like France, which sought
independence from the United States abroad and safeguards for social protection at
home, was correspondingly weaker.
France’s loss of influence, however, has also arisen from national difficulties in rising
to these challenges. Two in particular are worth highlighting. One is that France’s
traditional approaches to interacting with partners have been much less effective in the
‘new’ Europe of the 1990s and after than they were in the old one. An American
observer, Charles Cogan, has argued that French negotiators tend to value the forceful
exposition of their own position, and the wearing-down of the opposition, rather than
systematic attempts to understand and test the opposition’s viewpoint and to work
towards compromises from an early stage. Effective in a small European Community in
which unanimous voting was still the norm, it becomes a much less helpful approach,
even to the single member state practising it, in a larger EU where all action requires the
patient building of coalitions and where the national veto is the exception not the rule.
Similarly, the petits arrangements, the gentle rule-bending with which the French have
regularly softened the sharper edges of the Jacobin state at home, and which Delors
applied to European policy during his Commission presidency, have been harder to
secure in the larger and more rule-bound Europe of the 1990s and beyond.
A second French difficulty, noted at the start of this chapter, lies in the long-standing
ambiguity at the heart of French preferences for a strong Europe with weak institu-
tions. This contrasts with, for example, the readiness of German governments to accept
greater concessions to supranationality for the sake of an activist Europe, or the British
reluctance to see either a reinforcement of European institutions or an extension of
Europe’s spheres of activity.
Yet it can be argued that the art of French presidential leadership in Europe – a
leadership less politically constrained, at least outside cohabitation, than that of any
other European head of government – has consisted, precisely, in finding a point of
balance on the ambiguous French continuum, and in articulating it clearly. This was
done rather restrictively by de Gaulle, more pragmatically by Pompidou and in
altogether more ambitious terms by Mitterrand until 1993. Chirac has so far been
unable to achieve such a balance. To do so would not have been easy. The president was
more or less shackled for five years by cohabitation, and has faced an electorate prone,
since the Maastricht referendum, to accesses of euro-pessimism and unwilling, as the
strikes of 1995 demonstrated, to accept sacrifices in the name of the convergence criteria
484 France and European integration
or the Stability and Growth Pact. Some of Chirac’s difficulties, though, arise from his
own long-term tendency to see European issues through the same tactical prism with
which he views domestic politics, and thereby to lose sight of longer-term goals. He
followed his referendum defeat of 2005 with a vigorous attack on the British budget
rebate combined with an equally fierce defence of the CAP: these were old and tried
values for the president’s home voters, but hardly an exercise in European leadership.
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15 Conclusion
The political aims of the founders of the Fifth Republic were clearly stated: to destroy
the weak and despised régime of the Fourth Republic, which had been undermined by a
defective constitution, by unstable and short-lived governments, by a parliament which
was omnipotent in theory but impotent in practice, by divided and undisciplined par-
ties, by a ubiquitous and powerful administration, by a resentful and disobedient army
and by overactive pressure groups. The new Republic was to be both strong and
respected, underpinned by a constitution which strengthened the powers of the execu-
tive and ensured the president’s pre-eminence in all matters affecting the nation’s long-
term future; parliament, the parties, the administration and the pressure groups – as
well as the army, the immediate cause of the Fourth Republic’s downfall – were to be
relegated to their proper, and subordinate, place.
The founders achieved many of these goals. In dramatic contrast to its predecessors,
the new régime quickly won a degree of consensual support, or at least acceptance,
among elites and people alike. The powers of parliament were effectively curbed. The
antics of small and undisciplined parties no longer dominated the political scene. Voters
were offered a new clarity of electoral choice within a bipolarised party system. Prime
ministers enjoyed longer periods in office, and governments the appearance of stability.
The change of régime had a salutary effect, too, on policy outcomes. Difficult policy
decisions were taken, and stuck despite opposition from large and sometimes powerful
minorities of the electorate: the spending cuts of 1959, the generalisation of subsidies
to Catholic schools, the opening of the French economy to European competition and
above all the withdrawal from Algeria. The army, the ‘State within the State’ during the
previous régime, was reduced to silent obedience to the civil authorities. Diplomatically,
France quickly ceased to be the object of international derision that it had been before
1958. In the newly stable political environment, with the disruption of ruinous colonial
wars removed and the opportunities afforded by European integration added, an extra
point was added to France’s economic growth, which averaged 4.5 per cent from 1950
to 1960 but 5.5 per cent from 1960 to 1973. And growth was no longer disturbed, as it
had been under the Fourth Republic, by periodic crises involving inflation, the trade
balance, government finances, or all three at once.
488 Conclusion
Perhaps the most important, and certainly the most striking, political change in the
years after 1958 was the emergence of the presidency as the major focus of political
decision-making in France. The reasons for the growth of presidential power in the
early Fifth Republic have been analysed at length in this book: the desire of successive
presidents to extend the scope of their powers; their use and abuse of the 1958 constitu-
tion; the strengthening of their electoral legitimacy by the reform of October 1962; the
reinforcement of the Élysée staff; the transformation of ministers into political ser-
vants; the largely unexpected emergence of the fait majoritaire, giving presidents the
backing in parliament of a sympathetic and disciplined party coalition; the weakness
and divisions of the political opposition in the early period when the régime was taking
shape; and the exploitation of propitious political circumstances. Personal, consti-
tutional and political factors combined, therefore, to ensure presidential supremacy.
Before March 1986, that supremacy was demonstrated on innumerable occasions. For
instance, de Gaulle’s unilateral decision not to devalue the franc in the autumn of 1968
was matched by Giscard’s personal decision to halt the extension of the Paris left-bank
motorway in the summer of 1974, and Mitterrand’s personal decision to withdraw the
Savary education bill in 1984. Moreover, the general guidelines of important policy
areas bear the unmistakable personal imprint of successive presidents. France’s foreign,
European and defence policies were shaped by de Gaulle; industrial policy bore the
Pompidou hallmark; the liberalising measures in the social field taken between 1974
and 1976 owed much to the personal determination of President Giscard d’Estaing; the
spate of reforms of the 1981–83 period, whether ephemeral (nationalisations) or more
lasting (territorial decentralisation and political liberalisation), were very much inspired
by the preferences and priorities of Mitterrand. In some respects, therefore, it is not
totally misleading to describe the French political system as ‘presidential’. Certainly,
the presidency was perceived as the major focus of decision-making by the general
public, by the political and administrative elite, and by the pressure groups. Abroad, the
combination of security of tenure (à l’américaine, but with seven years not four, until
the reform of 2000 reduced the French figure to five) and an apparent ability to control
parliament (à l’anglaise) made the French president appear the most powerful head of
the political executive in any Western democracy.
The newly salient presidency of the Fifth Republic had its ideological opponents,
Mitterrand among others at first. They attacked it as too personal, too far removed
from the parliamentary traditions of the French Republic, too Caesarist. More prac-
tical critics also focused on the personalisation of power. Would the Republic survive
its founder? or the Gaullist ascendancy in French politics? or a full alternance? In fact,
the Fifth Republic proved robust enough, and flexible enough, to do all three, and more.
De Gaulle’s resignation was followed, not by chaos or régime change, but by a straight-
forward presidential election. So was Pompidou’s death. The Gaullists’ loss of the
presidency to Giscard precipitated no ‘return to the Fourth Republic’. Alternation in
power, long despaired of by the Left, was peacefully achieved in 1981. The election of a
parliamentary majority opposed to the president, while it certainly entailed a radical
change to the location of political power within the Fifth Republic, produced, not the
expected constitutional crisis, but the equipoise of cohabitation – delicate but still
workable.
This régime’s adaptability extended beyond mere survival. It could also be discerned,
arguably, in the transformation of the local government system, described in Chapter
12, and in the dialectical relationship to Europe, at once shaping and being shaped by
Conclusion 489
the construction of the EU. Above all, perhaps, it could be seen in the responses –
however delayed – to the more difficult economic environment of the late twentieth
century. France under Mitterrand resolved to squeeze inflation out of France’s econ-
omy, even at the cost of low growth and unpopularity. Nationalised industries were first
allowed to behave like private businesses (and thus to lay off workers) before being sold
off in what was for long Western Europe’s biggest privatisation programme, engaged by
the Right but followed, albeit with rather less enthusiasm, by the Left. Exchange con-
trols were removed. France’s Stock Exchange, once one of the sleepiest in Europe, was
revolutionised. This ‘heroic dismantling of heroic capability’, in Vivian Schmidt’s
words, pursued by Right and Left alike, made of France, once the land of state-owned
national champions (some more accurately described as lame ducks), home to some of
the world’s largest international businesses. The Forbes list of the world’s 2,000 biggest
companies featured 61 French-based firms in 2005, more than for any other country
except for the United States, the UK, Japan and (narrowly) Germany. The top 50
included Axa, the world’s largest insurer by sales; Total, the world’s fourth oil com-
pany; and two French banks (BNP Paribas and Société Générale). Renault, recently a
national producer as prone to losses as its cars were to rust, became the main share-
holder of Nissan in 1999, able to impose both a managing director and a ferocious cost-
cutting programme on the Japanese firm; the Renault-Nissan group is the world’s
fourth car producer, with plants in over thirty countries (and France, unlike Britain, has
preserved a home-based motor industry). France’s water companies have moved suc-
cessfully into the UK and other markets. France’s Carrefour retailing group achieved
sales equivalent to those of Britain’s Tesco and Sainsbury’s combined. French house-
hold names in the Forbes list also include Danone in dairy products, Bouygues or
Lafarge in the construction industry, Michelin in tyres, or L’Oréal, Dior and LVMH in
the more traditional luxury goods sector.
France was also one of the world’s most attractive locations for foreign direct
investment, ranking fourth among OECD countries across the four years 2000–3. This
was due in part to size and geographical location, but also to the ability of successive
governments to preserve some of the best features of the Jacobin state at it had
developed over the post-war generation: a level of infrastructure (motorways, urban
transport systems, the high-speed train) and public services (notably health) that were
second to none. France has at least limited that combination of private affluence and
public squalor which J. K. Galbraith identified half a century ago as a characteristic
feature of modern liberal capitalism. And the resources of the Jacobin state have been
mobilised to ensure that the cost of the late twentieth century’s economic upheavals
does not fall solely on their victims.
Yet this benign view of France’s régime and of its successes in policy terms, while not
false, represents splashes of sunlight in what has become, in other respects, a more
sombre picture. The weaknesses both of France’s domestic policy record and of
its political structures suggest the need for a more radical transformation than any
undertaken since 1958.
A weak régime?
The preceding chapters have highlighted the extent to which the strengths which set the
early Fifth Republic apart from its predecessor have either diminished with half a
century’s use or have been bought at the price of weakness in other areas. This is true,
first and foremost, of the presidency, which suffers from being unaccountable and
overpersonalised while at the same time curiously hampered in other respects.
Outside periods of cohabitation, the president may dictate policy to the government,
in the assurance that parliament will do little to oppose him, and without any consti-
tutional obligation to defend his actions to any official body. Such actions may involve
anything from the reinforcement or downgrading of France’s nuclear deterrent to the
choice of architect for the new national library. Constitutionally unable even to set foot
in parliament while in office, the president defends his actions only to the media, before
journalists and at times of his own choosing, and with no equivalent right of reply for
the opposition. The Chirac years, moreover, have established that the president is
immune from prosecution for anything less than high treason. Such privileges are
unusual among chiefs of democratic executives. An American president may see his
legislative programme wrecked by Congress; a European prime minister appears regu-
larly before parliament. Neither applies to the president of France – who is also the
only head of a democratic executive able to dissolve the legislature without placing his
own job at stake. If accountability in a democracy is a virtue, France suffers from a
shortage of it at the very top.
A second dysfunction of the Fifth Republic presidency has been the personalisation
of political power. This has not led to the tyranny feared by the régime’s early critics.
Nor is it unique to France; the rise of television has encouraged personalisation even in
494 Conclusion
parliamentary democracies. What makes France an extreme case, however, is the com-
bination of a powerful, directly elected presidency with traditionally weak political
parties. De Gaulle’s vision of a president above parties quickly proved a chimera, but
one that cast a long symbolic shadow. The result has been an ambiguous, and therefore
unhealthy, relationship between the president and his own party: all Fifth Republic
presidents have followed de Gaulle’s example and eschewed overt partisanship, while
constantly intervening, forcefully if indirectly and above all covertly, in their own par-
ty’s affairs. Parties, on the other hand, suffer from an almost permanent state of com-
petition between présidentiables, in which policies serve more as ammunition than as
means of promoting the public good.
Unaccountable and overpersonalised, the presidency is nevertheless far from
omnipotent. Though considerable, his powers are limited both by constitutional and
political restrictions (the two are closely intertwined) and by the difficulty encountered
by any single individual in managing a complex political system. Every president has
limited time at his disposal. The time-consuming business of political management
is common to the head of any political executive; but on top of that, in the French
case, come the ceremony and travel required of an official head of state. The time
left for policy-making is therefore limited, and a president who assumes an over-
interventionist role may find it physically crushing. Moreover, whereas in other demo-
cratic systems, heads of state or of government – the obvious case being the president
of the United States – are assisted by large staffs, the Élysée team, though expanded
and strengthened since 1958, is still small compared to the gros village which works
for the prime minister. In some ways this is an advantage; large staffs present their
own problems of administration and co-ordination. But the size of the Élysée staff
obliges the French president to be selective. For this reason, he has to delegate many of
his powers, and practically all control over policy implementation, to his prime minister
and other ministers, who, in turn, are obliged to devolve authority onto cabinets and an
army of civil servants.
There are also limitations to the president’s powers in which the personal is closely
linked to the political. A president who becomes too absorbed in the minutiae of
legislation may disqualify himself from his wider role as the impartial arbiter and judge
of the wider political implications of government action. And too intimate an involve-
ment in making policy, some of which is bound to be politically controversial, may
damage his image as the statesman above the political battle, the embodiment of the
unity of the nation, the guide to its future action and the guardian of its basic interests.
Opinion polls clearly reveal that the more active the president becomes in policy ques-
tions, the more his popularity declines; hence the frequent popularity of presidents
during periods of cohabitation, whose policy-making role is much reduced. In addition,
the over-concentration of political power in the hands of the president may lead to
public identification of the president with the régime itself – an identification assidu-
ously fostered by de Gaulle in his dire warnings to the voters of moi ou le chaos, but
which was not without its dangers. Under these circumstances, episodes of presidential
weakness may be magnified into periods of wider national dislocation. That was true
when de Gaulle was absent or indecisive during the May 1968 crisis, when certain
members of the government and the top civil service displayed the sense of purpose and
direction of freshly decapitated chickens; in the later months of Pompidou’s debilitat-
ing, and finally fatal, illness; in the summer of 1976, when inflation was high and rising,
the franc low and falling, and the president abroad and hunting big game; or March
Conclusion 495
1983, when Mitterrand’s vacillations over macroeconomic policy encouraged squabbles
within the government and created that uncertainty which business so much dislikes.
The same may prove to be the case of the weakened Chirac presidency following the
2005 referendum defeat.
If the Fifth Republic presidency of ‘normal’ times has not fulfilled the worst fears
of the régime’s opponents, therefore, it is very far from achieving the hopes of its
founders. De Gaulle sought to be a leader above parties; the presidency has become the
chief focus of inter-party and intra-party political competition. De Gaulle wanted the
president to rise above day-to-day government and give his full attention to France’s
long-term interests; real presidents, both by inclination and by force of circumstance,
have stepped into the front line of governing – and faced the practical limitations
noted above.
This, of course, excludes the case of cohabitation. The election of a politically hostile
National Assembly majority in 1986, 1993 and 1997 meant that many of the consti-
tutional provisions which limited presidential power and which fell into abeyance after
1959 were revived: no longer, for example, could the president feel free to hire and fire
ministers, including the first among them, at will. More important, perhaps, is that
while cohabitation has not precipitated a major constitutional crisis, and can therefore
be said to have ‘worked’, it has done so at considerable cost: France’s Tweedledum and
Tweedledee representation on the international stage, the sheer waste of time resulting
from the state of permanent cold war within the executive, and the perception – all too
clear in April 2002 – of complicity between the mainstream Left and Right are all
illustrations of this. Cohabitation may have proved the régime’s flexibility, but the
political contorsions it entailed may also be viewed as a sign of its intrinsic perversity:
as an alternative to constitutionally unchecked and unaccountable presidential power,
it offers checks and balances, not so much between different branches of government
as within the executive itself. Though cohabitation was rendered less likely by the
shortening of the presidential term from 2002, it remains a possibility. Voters could
split their tickets as their American counterparts have done and elect a president
and a parliamentary majority of opposed political camps within a few weeks of each
other, while presidential deaths, resignations and dissolutions all hold the potential to
de-synchronise the elections.
The presidency is the Fifth Republic’s defining feature; hence the prolonged attention
we have given it. But it is not the régime’s only flawed institution. The French parlia-
ment has, it is true, recovered partly from the largely supine state to which de Gaulle
reduced it – a recovery that may be reinforced as the budgetary reform of 2001 is
implemented. Yet it continues to suffer from the characteristic weaknesses of most
contemporary democratic legislatures: with the civil service writing laws and drawing
up budgets, the media holding the executive to account, and party discipline placing
(most) legislators in straitjackets, parliaments and parliamentarians have lost much of
their former centrality to the political process. In France this is compounded by the
constitution’s specific restrictions, set out in Chapter 6; by the separation of the presi-
dency from the legislature, and the fact that (cohabitation aside) the government
proceeds from the president’s more or less free choice, reducing the role of parliament
as a legitimiser of governments; and by the cumul des mandats and the absenteeism it
encourages. As a forum for the expression and confrontation of competing forces
within civil society it remains profoundly inadequate.
France’s administration and public services have been credited with giving France, at
496 Conclusion
first largely unaided by the politicians, the growth and prosperity of the trente glorieuses
– and also vilified as idle and unproductive: it was Clemenceau who observed that a
characteristic of any French administrative building was that you could see late-
arriving employees passing those leaving early on the stairs. There is some justification
in both views. France’s administrative elites include exceptionally able men and women
who retain a high-minded commitment to le service public – as well as others, less
scrupulous, who use the civil service and the security of tenure it affords as a spring-
board for careers in business or politics for which they are not necessarily best fitted.
Lower in the hierarchy, hard-pressed teachers and healthcare workers coexist with the
understretched and the bloody-minded. But assigning praise or blame to individuals or
groups is beside the point. France’s administration contrives to achieve many of the
drawbacks of centralisation – insensitivity and slowness of response to specific or local
needs – while failing to benefit from the supposed advantages of a chain of command:
responsiveness to central direction too readily falls victim to deep fragmentation
between ministries, directorates, services and corps, with even the core of the executive
frequently resembling a huge Byzantine court riddled with feuding factions. The aspir-
ation of policy-makers after 1958, that greater governmental powers, stability and
authority would make decision-making and resource allocation more ‘efficient’ and
more ‘rational’ than during the Fourth Republic has all too frequently given way to a
fitful and supine incrementalism. And the difficulty of moving resources to match the
changing needs of society inevitably detracts from the Jacobin ideal of equal access for
all to public services of uniform quality. That reforming France’s public services to
allow greater flexibility should face resistance from public service workers is unsurpris-
ing. So is their discourse of ‘defending public services’. What is more remarkable is the
regular support such resistance receives from the public, requiring any attempt at
reform to be undertaken with infinite precaution if at all.
This explains, in part, the dilemma of recent French governments in relation to
decentralisation. The chief beneficiaries of the Mitterrand decentralisation reforms, in
the first instance, were those who had already been accumulating local power over the
previous decades: city mayors above all, and presidents of the conseils généraux (figures
who, in the view of observers such as Yves Mény, reproduce at local level the personal-
isation of power assured nationally by the presidency). Perhaps inevitably, the reforms
avoided some of the more difficult choices, and left much unfinished business. A gener-
ation later, governments are still left with two intermediate territorial units, the region
and the département, where one would probably do; with the ancient mosaic of muni-
cipalities, partly compensated for by a system of intercommunal co-operation which
increasingly places responsibility in the hands of indirectly elected councils; with an
outdated, regressive and unjust system of local taxation; and with a range of public
services – most obviously in education – that remain highly centralised. The Raffarin
government’s ‘second wave’ of decentralisation, though sanctioned by a constitutional
amendment, encountered resistance as soon as it began to tinker with these issues: first
from the Socialists who had pushed through the reforms of 1982, and then from a much
wider range of local elected officials who feared, at a time of budgetary constraint, the
transfer of responsibilities to local and regional government without the resources to
discharge them adequately.
A particularly under-resourced arm of the state is France’s judicial system. This, as
we saw in Chapter 13, is the branch of the public services for which the French have the
least respect – with a level of confidence unusually low even by European standards. It
Conclusion 497
is seen not only as slow (an issue of resource), but also as ineffective (in its supposed
leniency towards petty criminals) and above all as unfair. This is more than a matter of
mere inconsistency, of an inability to strike the right balance between the rights of the
accused, the aspiration to rehabilitate criminals and the popular demand for punish-
ment. The view that the well-connected, and especially corrupt politicians and business
executives, benefit from special treatment from the justice system while ordinary cit-
izens face the full rigours of the law is deeply anchored among the French. And as we
have seen, the opinion that politicians are ‘generally corrupt’ (entertained by 62 per cent
of poll respondents in November 2003) has had an especially corrosive effect on French
politics. For politicians of the mainstream parties there is no obvious escape from this.
To attack their opponents as corrupt (even when they are) is to risk a bout of mutual
mud-slinging which will merely reinforce the public’s dim view of politicians ‘in gen-
eral’; to keep off the subject is to court accusations of complicity between parties of
government. In the wider world, meanwhile, France figured in twenty-second place in
Transparency International’s index of perceptions of corruption in 2004, behind all of
the EU15 states except for Spain, Portugal, Italy and Greece as well as a range of non-
European countries including Hong Kong, Chile, Barbados and the United States.
Corruption is one feature of the French public’s disenchantment with political par-
ties, and especially with the mainstream parties of government. So is the sense of
distance from the world of politics: 81 per cent of poll respondents in 1997 believed that
‘politicians don’t care what people like me think’; 70 per cent of poll respondents
considered that they were ‘not well represented’ by a political party (and 74 per cent by
a political leader) in 2000. So is the economic underperformance outlined above, and
the resulting sense of failure in government, above all for households affected directly
or remotely by unemployment. So is the perception of complicity between the main-
stream parties, particularly lively during periods of cohabitation. Two months before
the 1995 presidential election, 64 per cent of poll respondents agreed that ‘whether the
Right or the Left is in power, it adds up to the same thing’; two weeks before that of
2002 only 37 per cent discerned a significant difference between Chirac’s and Jospin’s
programmes, compared with 57 per cent who did not. A decreasing proportion of the
French are party members; a generally falling proportion, too, turn out to vote (unless,
as in May 2005, they are given the opportunity to say a resounding no). The campaign
of April 2002 was marked by each of these traits. They were aggravated by poll fore-
casts that at the run-off, the voters would have to choose between Chirac and Jospin;
and by the availability of thirteen other candidates of Left and Right, each determined
to measure his or her party’s electoral strength by the first-round result even at the
expense of their putative political allies. The widespread mobilisation against Le Pen
underlined the continuing commitment of the great majority of the French to demo-
cratic values, but not to mainstream politicians. Chirac’s re-election at the second ballot
by 82 per cent of voters (and 62 per cent of registered electors) resulted above all from a
wish to avoid the worst. He had, after all, been the first choice of under 20 per cent of
voters (and only 13.75 per cent of the registered electorate), and as subsequent events
showed, it gave him no unusual moral authority among the French to govern.
Disenchantment, even disgust, with parties and politicians has not meant either
detachment from democratic values (at least in opinion polls, the public’s commit-
ment to these has strengthened rather than the reverse) or depoliticisation. For over a
decade, observers have noted political mobilisation in France taking other forms,
most obviously that of single-issue groups. The French were traditionally viewed as a
498 Conclusion
nation of non-joiners; associations now attract as many members as in other Western
democracies – some of them, such as Emmaüs, Médecins sans Frontières, or Attac
acquiring an international dimension. In the aftermath of May 1968, France was
partly left out of the wave of new social movements that crossed Europe; now a
whole panoply of such movements mobilises French activists, from the various anti-
racist groups to the unemployed movement, from the resurgent feminists of the late
1990s to one of Europe’s most successful gay rights movements. Many of these per-
form important functions, aside from the pursuit of short-term goals, of political
agenda-setting, wielding what might be termed an innovatory or pedagogical power.
Equally, however, it is the case that a wholesale shift of citizen mobilisation away
from parties, which at least in principle aim to aggregate and reconcile diverse social
demands into something resembling a programme of government, and towards single-
issue groups, is unlikely to make governments more legitimate or their task any
easier – especially in a country where the tradition of protest or insurrection is as
lively as in France. At times, indeed, group mobilisation has appeared as a sort of
extravagant alternative to normal political processes; the anti-Le Pen mobilisation
between ballots in 2002 almost certainly helped keep the far Right-wing vote down at
the run-off, but Le Pen could more economically have been eliminated altogether by a
handful more votes for Jospin. Other groups, moreover, have exercised a more intimi-
datory power; if they become sufficiently well known for turbulent or even violent
activities, and if these are tolerated by apprehensive governments anxious to ‘defuse
the situation’, then the most oblique and implicit of threats may achieve a result.
Such groups join others, equally numerous, able to exert a more discreet form of
inhibitory power. Public-sector unions may have achieved notable successes – for
example, against the planned Juppé reforms in 1995 – by street mobilisation and well-
supported strikes; the judges of France’s commercial tribunals were just as effective,
through more discreet channels, in preventing the Jospin government’s attempts to
reform entrenched practices that had been denounced by a parliamentary inquiry as a
national scandal.
Taken individually, few if any of the political problems outlined above are unique to
France. Most democratic countries complain of an overbearing executive and a weak-
ened parliament, of a machinery of government which is overloaded, defective and
inefficient. It is of the nature of local government to be an untidy patchwork, and of
local taxes to be unfair. Most justice systems are overloaded, and pulled alternately
between the development of a rights culture and popular (or populist) demands for
tough sentencing. Virtually every established democracy has seen growing public dis-
enchantment with government and political parties, often (though not always) fuelled
by corruption. All have veto groups of one sort or another, and most have seen single-
issue groups develop at the expense of parties. But two things distinguish France from
most other democracies. The first is that France has experienced practically all of these
difficulties, together, in a more or less acute form: a particularly unaccountable execu-
tive, an unusually weakened parliament, an especially unwieldy bureaucracy governing
(if that is the word) peculiarly centralised public services, an exceptionally fragmented
local government system, courts held in rare contempt, a near-continuous rumble of
corruption cases over fifteen years, and an uncommon range of veto groups. The sec-
ond is a curious combination of hostility and high expectations: disgust with what is
seen as the bias and favouritism of the public authorities coexists with a continuing
regard for the public services and above all for the state – to the point where France’s
Conclusion 499
state-centred model is still seen as something that less enlightened systems would do
well to emulate.
What readily results is a vicious circle. Poor economic performance, and above all
rising unemployment, limit the freedom of manoeuvre of governments, financially but
also politically – the more so as they may already have been destabilised by corruption
scandals. Attempts to reform in order to improve economic performance, or to restore
the public finances, rapidly encounter resistance, centred on interest groups that stand
to lose out but often supported by much of the public and by opposition parties,
whether moderate or extreme; the proposals are duly modified or withdrawn. Economic
performance stays poor, losing popularity for the government and encouraging protest
parties, but also leading growing numbers of voters to look to the state for protection
(and to value the existence of the protected employment it offers). This reinforces
resistance to reform, limiting the government’s freedom of manoeuvre and perpetuating
unstable finances and poor economic performance.
If this somewhat pessimistic account is accurate, it matters well beyond the confines
of France. In the most general terms, first, the prosperity and political stability of the
world’s fifth largest economy are of interest to its partners and neighbours. More
specifically, France’s problems, though perhaps concentrated, extend to other countries
at the heart of the euro-zone, Germany and Italy in particular. Finally, France’s polit-
ical difficulties have spilt over in dramatic form into the European arena. The defeat
of the European constitutional treaty at the referendum of May 2005 will affect the
future of the continent more profoundly than France’s failure to ratify the Paris Treaty
creating the European Defence Community half a century earlier.
At one level, the no vote reflected the dynamic of political alienation outlined above.
It was a vote of protest both against an unpopular government (reflecting the poor poll
ratings of both president and prime minister) and, more generally, against established
mainstream parties and elites. At another level, the vote reflected the central ambigu-
ities at the heart of France’s relations with Europe: the preference for a strong Europe
with weak institutions; the reluctance of an old nation state to surrender sovereignty to
a supranational body of which it was nevertheless a founding member; and the aspir-
ation to resolve both of these contradictions by making Europe in France’s image. The
debate on the constitution, even more than that on the Maastricht Treaty in 1992, laid
bare these ambiguities. France’s voters were invited to agree to a palpable strengthening
of European institutions at the expense of national governments; an economic and
social settlement within which, even if the free market was not engraved in stone as the
treaty’s left-wing opponents claimed, the notions of public services and social protec-
tion had no very privileged place. As in 1992, the no vote attracted right-wing national-
ists, left-wing Jacobins and anti-capitalists. What was new was the wider circle of voters,
especially those working in the public services, whose diffuse pro-European sentiments
were counteracted, for the first time, by a sense of personal risk in the face of a Europe
increasingly seen as a vector of globalisation and neo-liberal economics.
The irony of a no result is likely to be that it achieves the opposite result to
that intended by its supporters. Some distinctive features of this old, complex, self-
conscious and (still) highly political society may thereby be better safeguarded, within
the confines of France, at least in the short term. But France will be in a weaker
position to promote a French vision of the continent within the institutions of the EU.
And the EU, without a constitution, will have less authority to further a distinctively
European project in the wider world. Whatever his preoccupations with French
500 Conclusion
sovereignty, it is unlikely that the founder of the Fifth Republic would have welcomed
such an outcome.
Further reading
(Source: SOFRES, L’état de l’opinion 2003 (Paris, Seuil, 2003), pp. 91–2)
Far Left (3 Hue Jospin Other Mamère Chirac Other St-Josse Le Pen Mégret
candidates) (PCF) (PS) moderate (Verts) (RPR) moderate (CPNT) (FN) (MNR)
Left (2 Right (4
candidates) candidates)
Total 10.4 3.4 16.2 7.7 5.2 19.9 13.8 4.3 16.9 2.3
Men 8 4 13 8 6 17 11 7 23 3
Women 12 3 18 7 5 22 15 2 12 2
Age range
18–24 19 2 10 8 13 12 15 2 16 1
25–34 12 0 17 13 7 15 14 6 17 1
35–49 12 3 14 7 6 14 15 6 20 3
50–64 9 6 16 8 3 18 12 5 21 2
65 and over 5 5 20 4 2 36 13 2 10 3
Employment group
Self-employed 8 0 8 5 4 18 31 9 17 0
Public-sector employee 14 3 17 16 8 11 12 4 14 1
Private-sector employee 13 2 16 6 5 14 12 6 23 3
Unemployed 17 3 14 7 11 17 5 2 20 4
Not economically active 8 5 17 6 4 26 15 3 14 2
Occupation of head of
household
Shopkeeper, artisan, small 4 2 7 5 2 23 29 5 20 3
business
Professions, managers 8 2 17 11 10 15 27 1 8 1
Intermediate groups 13 2 18 14 7 12 11 4 18 1
White-collar worker 20 3 13 10 6 16 10 3 18 1
Blue-collar worker 15 3 15 4 5 12 7 7 27 5
Retired 8 5 18 6 3 28 12 3 15 2
Educational qualifications
None 10 3 21 0 2 28 9 5 16 6
Primary 9 6 17 4 2 29 13 3 16 1
Secondary (baccalauréat) 10 4 14 5 4 17 12 7 23 4
Secondary (technical) 14 3 16 10 5 15 14 4 18 1
University or equivalent 11 2 16 12 10 17 18 2 11 1
Religion
Regularly practising 4 0 12 5 2 37 27 1 10 2
Catholic
Occasionally practising 7 1 14 7 2 24 23 5 17 2
Catholic
Non practising Catholic 12 3 15 7 6 18 10 6 21 2
Other religion 4 1 29 6 7 22 16 4 6 5
No religion 18 8 18 9 8 8 9 3 16 3
Appendix 4: Voting behaviour,
legislative elections, second ballot,
9 June 2002, in constituencies where
one left-wing and one right-wing
candidate present: penetration of each
social group by Left and Right
Left Right
Total 47 53
Men 49 51
Women 45 55
Age range
18–24 53 47
25–34 54 46
35–44 54 46
45–59 48 52
60–69 23 77
70 and over 39 61
Employment group
Self-employed 21 79
Public-sector employee 56 44
Private-sector employee 50 50
Retired, not economically active 35 65
Occupation of interviewee
Shopkeeper, artisan, small business 26 74
Professions, managers 54 46
Intermediate groups 58 42
White-collar worker 49 51
Blue-collar worker 56 44
Educational qualifications
Primary or technical 40 60
Secondary (baccalauréat) 56 44
University or equivalent 49 51
Income level
Low 49 51
Average 46 54
High 48 52
Appendix 5: Voting behaviour in two
referendums on Europe, 20 September
1992 and 29 May 2005
(Source for 1992: SOFRES, L’état de l’opinion 1993 (Paris, Seuil, 1993), p. 86; source for
2005: exit poll on tns-sofres.com/études/pol/290505_referendum_r.htm)
Yes No Yes No
1 The Right
1.1 Alliances
UNM Union pour la Nouvelle Majorité (1981)
URC Union du Rassemblement et du Centre (1988)
UPF Union pour la France (1990)
5 The Communists
PCF Parti Communiste Français (since 1920)