Cablegate: Overview of French Treaty Ratification Process

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PP RUEHWEB

DE RUEHFR #3955 2640859
ZNR UUUUU ZZH
P 210859Z SEP 07
FM AMEMBASSY PARIS
TO SECSTATE WASHDC PRIORITY 0327

UNCLAS PARIS 003955

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL KTIA FR
SUBJECT: OVERVIEW OF FRENCH TREATY RATIFICATION PROCESS

REF: STATE 116194

1. In response to reftel, Embassy surveyed the French treaty
ratification process. The French treaty ratification process
is complex and generally takes at least a year, although this
depends heavily on the legislative calendar and may sometimes
take longer. Article 53 of the French Constitution makes the
Ministry of Foreign Affairs, Direction for Legal Affairs
(DAJ), responsible for determining what agreements are
subject to the formal treaty ratification process. Once DAJ
has established that an agreement is subject to the Article
53 requirements, the Ministry of Foreign Affairs creates
draft legislation and background on the treaty. The Ministry
transmits these documents to General Secretariat of the
Government dealing with judicial affairs in the Prime
Minister,s office. After review by the Prime Minister's
officer, draft legislatio goes to the Council of State, which
functions as a supreme court for administrative justice to
consider the legality of the draft legislation. This review
usually takes several meetings. If the Council of State
decides the draft legislation is inconsistent with French
law, the Prime Minister,s office can convoke a special
inter-ministerial session to revisit this decision. The
Ministry of Foreign Affairs must then present the treaty
legislation to the Council of Ministers for its approval.
Finally, the legislation considered by the parliament, with
the Foreign Ministry in charge of shepherding the legislation
through the internal review that lead to a vote.

Please visit Paris' Classified Website at:
http://www.state.sgov.gov/p/eur/paris/index.c fm

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