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SARKOZY

The unrivalled power of the French president

The French president enjoys powers unequalled in the democratic world, a situation strengthened by a decade-old reform that reduced the chances of "cohabitation" with a government of a different political hue.

The unrivalled power of the French president

France’s Fifth Republic in 1958 replaced a parliamentary system, which had suffered from a weak executive and governments falling in quick succession, with a system of strong presidents elected for seven-year mandates.  

The president was initially chosen by an electoral college but, after a 1962 referendum, this was changed to direct election.

The president of the republic is the head of the armed forces and has control of France’s nuclear deterrent. He or she negotiates with foreign powers and ratifies treaties.

The president can organise referendums on laws or on constitutional changes. He can dissolve parliament, and nominate the prime minister, ministers and other senior figures in the administration.

He also names three of the nine members of the Constitutional Council, including its president, which he can call upon to decide on the constitutionality of a law.

When the majority at the National Assembly is of the same political persuasion, the president is the effective head of the executive and can impose his views on the prime minister.

But during periods of “cohabitation”, as happened in 1986-1988, 1993-1995 and 1997-2002 when the president was from a different political party than the majority of deputies, it is the prime minister who has this role.

Even then the president still controls foreign and defence policy.  

The presidential term was reduced in 2002 from seven to five years to match that of the parliamentary mandate.

The president cannot serve more than two consecutive terms, according to a change to the constitution made by Sarkozy in 2008. Previously there was no limit.

Parliamentary elections are now held around a month after the presidential vote, which makes “cohabitation” a much less likely prospect.  

Parliament has little control over the president’s powers but it does have the theoretical power to remove him from office if he is deemed to be failing to carry out his duties.

The only real accountability the president has is when he goes to the people to seek to renew his mandate.

While in office, the president enjoys immunity from prosecution and cannot be ordered to appear as a witness.

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SARKOZY

Corruption trial begins for France’s ex president Sarkozy

Former French president Nicolas Sarkozy goes on trial on Monday on charges of trying to bribe a judge, in what could be a humiliating postscript to a political career tainted by a litany of legal investigations.

Corruption trial begins for France's ex president Sarkozy
Nicolas Sarkozy. Photo: AFP

Though he is not the first modern head of state in the dock – his predecessor and political mentor Jacques Chirac was convicted of embezzlement – Sarkozy is the first to face corruption charges.

He fought furiously over the past six years to have the case thrown out, and has denounced “a scandal that will go down in history”.

“I am not a crook,” the 65-year-old, whose combative style has made him one of France's most popular rightwing politicians, told BFM TV this month.

Prosecutors say Sarkozy promised the judge a plush job in Monaco in exchange for inside information on an inquiry into claims that Sarkozy accepted illicit payments from L'Oreal heiress Liliane Bettencourt for his 2007 presidential campaign.

Their case rests in large part on wiretaps of phone conversations between Sarkozy and his longtime lawyer Thierry Herzog, which judges authorised as prosecutors also looked into suspected Libyan financing of Sarkozy's 2007 campaign.

That inquiry is still underway, though Sarkozy caught a break this month when his main accuser, the French-Lebanese businessman Ziad Takieddine, suddenly retracted his claim of delivering millions of euros in cash from Libyan dictator Moamer Kadhafi.

Sarkozy and Herzog have assailed the taps on their phones as a breach of client-attorney privilege, but in 2016 a top court upheld their use as evidence.

Charged with bribery and influence peddling, Sarkozy risks a prison sentence of up to 10 years and a maximum fine of €1 million.

Herzog, a leading member of the Paris bar, faces the same charges as well as violation of professional secrecy. The trial is expected to last three weeks.

'A boost'

Investigators discovered that Sarkozy used an alias – Paul Bismuth – to buy a private phone for conversing secretly with his lawyer.

On around a dozen occasions, they discussed reaching out to a top French judge, Gilbert Azibert, a general counsel at the Cour de Cassation, France's top appeals court for criminal and civil cases.

Prosecutors say Azibert, who is also on trial, was tasked with trying to obtain information from the Cour de Cassation lawyer in charge of the Bettencourt inquiry, and to induce him to seek a verdict in Sarkozy's favour.

In exchange, Sarkozy would use his extensive contacts to give “a boost” to Azibert's efforts to secure the cushy Monaco post.

“He's been working on it,” Herzog tells Sarkozy in a call from early 2014.
Azibert was already considered a leading candidate for the job, but “if you give him a boost, it's always better,” Herzog says in another.

“I'll make him move up,” Sarkozy tells Herzog, according to the indictment by prosecutors, who compared his actions to those of a “seasoned offender”.

But later, Sarkozy tells his lawyer that he would not “approach” the  Monaco authorities on Azibert's behalf — a sign, according to prosecutors, that the two men had been tipped off about the wiretaps.

“Mr Azibert never got any post in Monaco,” Sarkozy told BFM television this month – though under French law, just an offer or promise can constitute corruption.

Still in limelight

Sarkozy, a lawyer by training, has long accused the French judiciary of waging a vendetta against him, not least because of his attempts to limit judges' powers and criticism that they are too soft on delinquents.

He will again be back in court in March 2021 along with 13 other people over claims of campaign finance violations during his unsuccessful 2012 re-election bid.

Prosecutors accuse Sarkozy's team of using a fake-invoices scheme orchestrated by the public relations firm Bygmalion to spend nearly €43 million on the lavish run – nearly twice the legal limit.

The long-running legal travails hindered his comeback bid for the 2017 presidential vote, losing out as the rightwing nominee to his former prime minister François Fillon.

Yet like other former French presidents, Sarkozy has surfed a wave of popularity since announcing his retirement from politics in 2018, pressing the flesh with enthusiastic crowds at his public appearances.

Lines of fans queued over the summer to have him sign his latest memoirs, “The Time of Storms”, which topped best-seller lists for weeks.

SEE ALSO: Sarkozy accused of racism after 'monkey' comment

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