Francia: la nuova disciplina della responsabilità del Presidente della Repubblica

• Autores: Rino Casella
• Localización: Studi parlamentari e di politica costituzionale, ISSN 0303-9714, Nº. 171-172, 2011 (Ejemplar dedicado a: Abstract Studi in onore di Nicola Greco - Volume 1), págs. 155-161
• Idioma: italiano
• Títulos paralelos:
  • France: the new regime of responsibility of the President of the Republic
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• Resumen

  • The aim of this paper is to analyse the regime of responsibility of the French President (reformed in 2007) and its potential effects on the dynamics of Fifth Republic. Under article 67 of the Constitution, the President cannot be held responsible for the activities carried out in his official capacity, except for acts subject to jurisdiction of the international criminal Court or patently incompatible with his continuing in office. As concerns other activities undertaken either before assuming the function or during the exercise of the office, but unconnected with it, any proceedings in which the President is involved are prohibited during the quinquennat (the five-year presidential term). The President cannot be removed from office during the term thereof on any grounds other than a breach of his duties incompatible with the dignity of his office. Such removal from office is proclaimed by Parliament sitting as the High Court (article 68 of the Constitution).