Showing posts with label French politics. Show all posts
Showing posts with label French politics. Show all posts

1/16/09

EU Public Affairs Monitor - 16/01/09

Christine Albanel se rend à Cannes pour inaugurer le 43e Marché international de la Musique et de l’Edition Musicale (MIDEM)
"...qui se tient du 17 au 21 janvier. Elle y prononcera un discours, suivi d'une conférence de presse. Elle rencontrera aussi des parlementaires et des professionnels du secteur musical à propos du projet de loi « Création et Internet ».

Le plus grand marché musical au monde. Chaque année, depuis 1967, le MIDEM réunit à Cannes les professionnels du monde entier, qui travaillent dans tous les secteurs de la filière musicale – disque, édition, spectacle vivant, vidéo clip, internet, téléphonie mobile...


Pour son édition 2008, le MIDEM a rassemblé 9 093 participants représentant 4 545 entreprises provenant de 88 pays. Ils ont été 2 233 à tenir un stand. La surface d’exposition était de plus de 9 000 m2.. 482 journalistes appartenant à 398 médias étaient présents pour couvrir l'évènement. L'Origine des participants en 2008: Europe: 67%. Amérique: 22%. Asie: 6%. Océanie: 2%. Moyen-Orient: 2%. Afrique: 1%.
Le 43e Marché international de la Musique et de l’Edition Musicale (MIDEM), qui se tient du 17 au 21 janvier à Cannes. Il est inauguré par Christine Albanel." [Culture]


La coalition d'Angela Merkel s'accorde sur un plan de relance historique
"Les partis de la coalition gouvernementale allemande, CDU et SPD, ont officiellement adopté, lundi soir 12 janvier, un plan de relance historique de 50 milliards d'euros sur deux ans, prévoyant notamment des baisses d'impôts. Il vise à donner un coup de fouet à l'économie de la première puissance exportatrice mondiale menacée d'une grave récession, alors que se profilent les élections législatives du 27 septembre.

Ce plan de relance économique, le plus important dans l'histoire de l'Allemagne d'après-guerre, comprendra des baisses d'impôt d'un montant de quelque 18 milliards d'euros pour les particuliers et pour les entreprises, ont indiqué Peter Struck, chef du groupe parlementaire SPD et Volker Kauder, chef du groupe CDU, à l'issue d'une réunion commune à la chancellerie. Ce plan prévoit également "un grand pacte pour l'investissement" de 17 à 18 milliards d'euros dans lequel seront impliqués l'Etat fédéral, les Etats régionaux et les communes, a souligné M. Struck à l'issue de la réunion de près de six heures dirigée par la chancelière Angela Merkel." [LeMonde]


Sarkozy annonce la gratuité des musées pour les moins de 25 ans
"Lors de ses voeux devant les responsables du monde de la culture, le Président a aussi promis 100 millions d’euros pour la rénovation du patrimoine. Le président Nicolas Sarkozy a annoncé aujourd’hui un accès gratuit aux musées et aux monuments de l’Etat pour les moins de 25 ans ainsi que les professeurs. Cette mesure entrera en vigueur le 4 avril, a précisé le chef de l’Etat, lors de ses voeux devant les responsables du monde de la culture.


Cette mesure de gratuité «ne tue pas les musées, au contraire, car les jeunes qui ont l’habitude d’aller au musée» iront également quand ils seront adultes, a jugé Sarkozy. Le ministère de la Culture avait mené au premier semestre 2008 une expérimentation de gratuité totale (pour les collections permanentes) dans quatorze établissements nationaux, musées ou monuments, avec pour objectif d’élargir leur fréquentation à de nouveaux publics." [Liberation]

11/28/08

EU Public Affairs Monitor - 28/11/08

Hadopi : Bruxelles critique la France et réclame des explications
"La Commission européenne vient d’adresser une longue liste d’observations à la France sur le projet de loi antipiratage, révèle ce matin la Tribune. Le texte Création et Internet avait été notifié à l'Europe le 22 juillet, et jusqu'au 23 octobre dernier, chaque État membre a pu émettre des commentaires conformément au droit européen qui impose pareille procédure quand un texte touche à la société de l’information. Dans cette synthèse, manque de chance pour la France, les doutes et questionnements sont nombreux." [PCInPact]

La Commission européenne critique le projet de loi création et Internet
"La Commission européenne apprécie modérément le projet de loi Création et Internet qui doit être voté début 2009 à l'Assemblée nationale. Dans une lettre rédigée il y a plus d'un mois, mais rendue publique seulement jeudi 27 novembre sur le site de La Tribune, la Commission européenne demande plusieurs modifications et explications au gouvernement français, pour rendre le texte conforme à la législation européenne. Certaines modifications réclamées par la Commission ont entre-temps été intégrées dans le projet de loi lors des débats au Sénat. Mais des points essentiels n'ont toujours pas été pris en compte." [LeMonde]

Loi antipiratage sur Internet: les observations de Bruxelles
La Commission européenne vient d'envoyer à Paris ses "observations" concernant le projet de loi de lutte contre le piratage sur Internet. La lettre critique de nombreux aspects du texte (notamment la coupure de l'accès Internet des pirates) et suggère plusieurs modifications. Bruxelles n'est guère enthousiaste concernant la loi française de lutte contre le piratge sur Internet. Voici en exclusivité les "observations" que la Commission européenne vient d'envoyer à Paris concernant le projet de loi. La lettre critique de nombreux aspects du texte (notamment la coupure de l'accès Internet des pirates) et suggère plusieurs modifications. [LaTribune]

Outlines of telecoms regulatory regime becomes clearer
“UK and Sweden accept compromise deal but flag up their “considerable concerns” relating to investment and the power of operators. EU telecoms ministers today agreed a fragile compromise on overhauling the EU's regulatory regime for the telecommunications sector, opening the way for negotiations to reach a final agreement with the European Parliament and the European Commission early next year.

The EU's current presidency, France, went into the meeting with a new compromise text, but encountered opposition from seven national delegations (the UK, Denmark, Sweden, Ireland, Belgium, the Netherlands and Italy) on issues ranging from the right of the European Commission to veto remedies proposed by national regulators, stronger powers for a new body – the Group of European Regulators (GERT) – and rules on allocating radio spectrum.” [EuropeanVoice]

Commission slams France over internet law
“New French rules designed to protect intellectual property online are likely to fall foul of the European commission, Le Monde reports.
Media commissioner Viviane Reding has already warned Paris that moves to block internet access of those found guilty of breaching copyright would breach EU law – but French lawmakers have persisted in following this line, the paper notes.

In a letter to the French government, Reding said that blocking access was disproportionate because the internet was about so much more than downloads – and that essential services such as banking or tax declarations online would also suffer as a result.” [TheParliament]

National differences could scupper telecoms legislation
Note: this article was released last Friday, right after I sent the previous monitoring. I include it as I think it gives a good overview of what could have happened should an agreement not have been found yesterday.
“Parliament warns of cost of failure to agree; plans for independent national regulators resisted. Telecoms ministers are at loggerheads over future reform of industry regulation ahead of a crucial meeting next week.
If the ministers fail to reach agreement on 27 November the entire package of proposals could be held back until the end of next year.

With less than a week to go, there are still divisions among EU member states and between the Council of Ministers, the European Commission and the European Parliament. Leading MEPs who worked on agreeing the Parliament's position on the package have written to Luc Chatel, the French telecoms minister who will chair the ministers' meeting, warning that failure to reach agreement next week risks great uncertainty for the telecoms sector at a time of economic crisis.” [EuropeanVoice]

Telecommunications package: unanimous agreement of the 27 on the text
“Luc Chatel, the French Minister of State for Industry and Consumer Affairs, who presided over the Telecommunications Council in Brussels on Thursday 27 November, welcomed the political agreement reached on the Telecommunications Package. Eric Besson, the French Minister of State for Forward Planning, Assessment of Public Policies and Development of the Digital Economy, then presided over the next part of the Council on promoting the information society and the internet of the future.” [UE2008]

11/7/08

EU Public Affairs Monitor - 07/11/08

Benchmarks for innovation policy: A new study aims to find the ideal setting for entrepreneurs.
"A study to be published next month will set out an “entrepreneurial idyll” or an ideal environment for entrepreneurs to exist.
The study, carried out by Birmingham University and Cambridge University, aims to step away from the policy-driven measures to help boost small- and medium-sized enterprises (SMEs) and focus instead on what makes firms do well." [EuropeanVoice]

Spat over VAT persists - Germany remains highly critical over plans to lower VAT for more businesses.
"A row about extending the EU's lowest, 5% VAT rate to labour-intensive industries is likely to continue well into December, following a meeting today that revealed that divisions between the EU's 27 finance ministers remain deep.

There was, though, more agreement on VAT on cross-border trade and movement on several other issues, including an agreement to review alleged tax-evasion loopholes for Liechtenstein.
During the Ecofin meeting of finance ministers, Germany made it clear that there is no evidence that lowering VAT for labour-intensive businesses such as restaurants would create jobs and said thorough discussion is still required. The European Commission, with the strong backing of France, the EU presidency, presented the proposal in July." [EuropeanVoice]

French Senate Validates Three-Strike Scheme
"The French Senate has adopted the "Creation and Internet" law, only 24 hours after the debates began. While intense debates were anticipated, the draft gathered 297 votes in favor and only 15 against.

The draft law, which now has to be voted by the French Parliament, suffered surprisingly few amendments by the Senators, who most notably validated the three-strike scheme, under which infringers could ultimately see their Internet access cut." [Billboard][CMUDaily]

11/3/08

EU Public Affairs Monitor - 03/11/08

French internet law clashes with EU position
"The French Senate has overwhelmingly voted in favour of a law that would cut off access to the internet to web surfers who repeatedly download copyrighted music, films or video games without paying.

Under the so-called three strikes or "graduated response" legislation - which still needs approval by the lower house before it becomes French law - illegal downloaders are first sent an email warning them of their infraction. They are subsequently sent a warning letter in the post. French senators want to force web surfers to use legal download services such as iTunes rather than pirate copyrighted content." [EUObserver]

French minister promises action
"Christine Albanel, French Minister of Culture and Communication, has told European indie group Impala that the French government will almost immediately debate a Creation and Internet law proposal to examine how to deal with online piracy.

Albanel told the group, “Of course, there is no secret plan to impose the French anti-piracy plan to the rest of Europe. I simply wish that our experience will prove an inspiration for other European states whose cultural businesses are as threatened as the French ones.” [MusicWeek]

Six Caribbean societies are working together to invigorate their countries’ creativity by stabilising Caribbean music’s place in the global economy
"When the Caribbean Copyright Link (CCL) was incorporated in August 2000, the CCL office consisted of a desk at COTT’s headquarters in Trinidad and one full-time employee. Alone, he managed a common back office for the 4 copyright societies that founded CCL—COSCAP (Barbados), COTT (Trinidad and Tobago), HMS (St Lucia) and JACAP (Jamaica)." [CISAC]

Italian fiscal police prosecute 46 for serious uploading
"Italian fiscal police have prosecuted 46 people for uploading large amounts of copyright infringing music onto the internet. Operation ‘Music Box’ was undertaken by the Guardia di Finanza of Venice, with the assistance of local industry anti-piracy group FPM." [IFPI]

10/27/08

EU Public Affairs Monitor - 27/10/08

Cox To Internet Users: Three Strikes and You're Out October 1, 2008
Over the course of the last year, we've seen an intense, international lobbying effort on the part of the entertainment industry to craft policies that would boot alleged filesharers off of the Internet. The folks over at TechDirt have been keeping a close watch on this front and point to legislation and negotiations in the UK, France, Australia and Canada that would institute a "three strikes" rule. As proposed, this three strikes policy would require ISPs to filter their networks for copyrighted content and send out notices of infringement to users suspected of engaging in filesharing--effectively turning ISPs into "copyright cops". As implied by the three strikes moniker, users would receive two written warnings before having their contract with the ISP terminated outright, upon receipt of the third." [PublicKnowledge]


Music Like Water - Not October 27, 2007
"I originally wrote this post as a comment on Andrew Dubber's blog. Out of courtesy for Andrew, I am going to turn comments off on this post. Please go to Andrew's site to continue the discussion.

Andrew, you create the best scenarios on the Internet for discussion…

If the water analogy were as simple as turning on a faucet, and out comes music that everyone pays a flat fee for, then I would agree with you. However, sticking with the water analogy, there are thousands of brands of bottled water, fizzy water, flavored water, tap water, fountain water, toilet water, brown water, fruit water, mineral water, etc, etc, etc. Only a dolt would let their brand become commoditized, municipal tap water… The water utility thing will never happen anyways; innovation will outrun legislation." [UnsprungMedia]

10/10/08

EU Public Affairs Monitor - 10/10/08

WIPO
WIPO Expands its Distance Learning Program
The World Intellectual Property Organization (WIPO) has added five new multilingual courses to the distance learning program offered by its Worldwide Academy. The new courses will cover Arbitration and Mediation Procedure, Patents, Patent Information Search, Basics of Patent Drafting, and Trademarks. [WIPO]


WIPO and ARIPO Sign MOU to Expand Cooperation
The Director General of the World Intellectual Property Organization (WIPO), Mr. Francis Gurry, and his counterpart from the African Regional Intellectual Property Organization (ARIPO), Mr. Gift H. Sibanda, signed a memorandum of understanding (MOU) on October 2, 2008 in Geneva, to strengthen and expand cooperation between the two organizations. The MOU covers traditional areas of cooperation relating to capacity building, as well as a special project to boost ARIPO’s patent information capacity. [WIPO]


CISAC
CISAC Appeals the European Commission’s Competition Decision
CISAC, the International Confederation of Societies of Authors and Composers, has recently lodged an appeal against the European Commission Decision of July 16 in the Court of First instance of the European Communities. Contrary to the European Commission’s findings in its Decision, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have therefore not violated European competition law provisions. The network of authors’ societies – organised through reciprocal representation agreements between societies – best serve creators’ interest. It is the result of pure common sense for the efficient management of creators’ rights worldwide and not a concerted practice to prevent competition, as alleged by the Commission. [CISAC]


EU OBSERVER
Commission backs internet users over content providers
The European Parliament's rejection of a proposed "three strikes" law - that would see internet users have their connection cut off if they have been found to repeatedly violate copyright - must be respected, the commission said at an EUobserver-organised conference on internet rights.
"We have to respect the view of the parliament," information society commissioner Viviane Reding said at the Brussels event on Wednesday (8 October), referring to the "Bono Amendment" approved on 24 September by a large majority of MEPs in consideration of a wider telecoms bill.

The amendment states that: "No restriction may be imposed on the rights and freedoms of end users ... without a prior ruling by the judicial authorities" - language that forbids moves such as those currently under consideration by French lawmakers. [EUObserver]


EUROPEAN VOICE
Illegal downloads: France in bid to keep ‘three strikes' approach
France rejects European Parliament attempts to put courts in charge of cutting off internet services.France is fighting to retain executive powers to cut off internet users who persistently make illegal downloads, in the face of European Parliament attempts to require authorisation from courts for any interruption of services. French President Nicolas Sarkozy wrote to European Commission President José Manuel Barroso on Friday (3 October), urging rejection of an amendment approved by a majority of the European Parliament on 24 September in its debate on telecoms regulation. [EuropeanVoice]

MUSIC WEEK
CISAC, the International Confederation of Societies of Authors and Composers, has lodged an appeal against the recent European Commission ruling against the sector.
Contrary to the European Commission’s findings in its July 16 ruling, CISAC considers European authors’ societies have not engaged in concerted practice that restrict competition and have, therefore, not violated European competition law provisions.
The move coincides with a raft of appeals being made to the EC, which has accused collection societies of operating membership restrictions and territorial exclusivity, by 22 other authors’ societies, including the UK’s PRS.

CISAC claims the EC decision creates a climate of “legal uncertainty” for rights-owners and users and has been to put an end to promising initiatives to develop an alternative and consensual pan-European licensing model for online use of creative content. CISAC director general Eric Baptiste says, “Since the pioneering Santiago agreements in 2000, CISAC and its members have long been committed to providing a new framework for multi-territorial licensing of musical works. Unfortunately, the confusing and flawed July Decision is not part of the solution but part of the problem. We hope that the court of first instance will provide the clarity that rights holders, music users and the public need for a thriving online content market in the EEA.” [MusicWeek]

Popkomm: Gibb blasts EC
Robin Gibb has delivered a hard hitting keynote speech to open Popkomm 2008 criticising the European Commission’s recent move against the way collecting societies operate. The president of CISAC, the international association for Authors Collection Societies, questioned why the Commission was “bothering with this at all”.

Gibb told the conference, which was opened by Minister of State for Culture Bernd Neumann, that the Commission is accusing the societies of using concerted practice to place restrictions on multi territorial licensing in the fields of satellite, cable and internet transmission. Gibb said, “According to the Commission this was done by the societies to prevent competition between societies. The decision does not ban reciprocal arrangements on a bilateral basis but it forbids societies from talking together on a multi lateral basis. This is obviously daft and makes international trade in music licensing even more difficult than before.” He also claimed that the Commission’s move “has the effect (of) blocking the licensing of new digital services". He added, "It has destroyed the current system for multi-territorial licences and has forbidden the societies to discuss any new way forward.” [MusicWeek]

8/4/08

Grimsdale's Ire: 03/08/08

Illegal filesharing: Government hits back at BPI over last-minute letter

A hardline letter sent by the BPI at the 11th hour threatened to undermine a deal to tackle illegal filesharing, prompting the government to express its displeasure of the music industry body in a terse response to record label executives. [Guardian]


POCA: Threat to 3,000 more post offices if card account is lost, says union

Up to 3,000 more post offices could be closed if the government hands a key contract to one of the network's rivals, a union warned yesterday.

Already suffering from the latest round of branch closures, the viability of the network could be threatened if the Post Office fails to win the tender to provide the successor to the current Post Office card account (POCA) through which millions of people are paid benefits, according to the Communication Workers Union. [Guardian]


DNA testing: One in five fathers wrongly identified by mothers in Child Support Agency claims

Nearly one in five paternity claims handled by the Child Support Agency end up showing the mother has deliberately or inadvertently misidentified the father, figures show. [Guardian]


Et voilà, France has a better way of justice



Click here to read more information on Mr Grimsdale, King Heron and Mobius

8/1/08

Grimsdale's Ire: 01/08/08


Blindfolds that wrecked a deal to boost global trade

Excellent article by Phillip Stephens in the FT, discussing the lack of heroes participating in the Doha round. He mentions the likely effects on international trade, geopolitics and on the impact on the poorest nations. [FT]

Erdogan must seize this chance to reform Turkey

Soli Ozel on a key episode in Turkey’s democratisation process, involving Turkey’s court deliberating that the AKP should not be shut down despite being engaged in anti-secular activities. [FT]

A windfall tax is an easy solution – but a wrong one

The Independent’s leading article on why a windfall tax on energy companies would only be a short-term solution and how more effective regulation would be more appropriate. [Independent]

The Cost of Oil Subsidies

NY Times editorial on developing economies continuing their oil subsidies. [NYTimes]

Sam Freedman: Good teachers are made in the classroom

Sam Freedman, head of the education unit at Policy Exchange reinforces the importance of high quality teaching on educational attainment and on possible innovations such as paid learning on the job to encourage recruitment and development of trainees. [Independent]

Pensioners are a blessing, not a problem

Melanie McDonagh takes an optimistic view of the consequences of longer life expectancy on society. [Telegraph]

How to regain popularity: windfall taxes or surcharge on banks?

Michael White on Gordon Brown’s options for alleviating poverty caused through soaring energy prices. [Guardian]

The return of Nicolas Sarkozy, the great reformer

Click here to read more information on Mr Grimsdale, King Heron and Mobius

7/24/08

EU Public Affairs Monitor - 24/07/08

Virgin/BPI letters arrive, student freeloaders object 03/07/08
"Following the announcement a few weeks ago (see here) that Virgin Media would be sending out warning letters to some of their broadband customers, 800 of these letters have now been sent out across the UK. As reported on the Register and the BBC (here and here), one student customer has objected publicly about being labelled an Amy Winehouse fan, as the letter he received alleged that a track by the pop star was found to be linked to his internet account and he complained that he wasn't even a fan of her music." [IPKitten]

Would The Entertainment Industry Follow A Three Strikes Rule Itself?
"The entertainment industry has been increasingly pressuring ISPs to be copyright cops. The "three strikes" approach being pushed in France, the UK, Australia and possibly Canada is one of the more extreme attempts which would have unauthorized file sharers kicked off the internet entirely. Cory Doctorow asks if such companies would accept their own rule with a three-strikes-and-you're-out policy for sending out erroneous copyright notices -- meaning that they lose their own access for sending out three bogus takedown notices. Given that organizations like the RIAA and MPAA have sent takedown notices to laser printers and believe that providing proof of infringement is too hard, why not cut them off from the internet too after three questionable takedowns? Doctorow's proposal is admittedly Swiftian; aside from being entertaining, it highlights the ridiculousness of the whole three-strikes-and-you're-off-the-internet idea. If the entertainment industry wants ISPs to impose a three strikes rule for improper usage, they shouldn't mind being held to the same standard." [TechDirt]

The UK Acts Against File-Sharing Piracy 07.24.2008
"Today, the Financial Times reported a significant development in the fight against online copyright piracy. The U.K. is reportedly ready to announce an agreement between copyright owners and ISPs under which UK ISPs will agree to work to achieve "a 'significant reduction'" in illegal file-sharing. As a first step, the proposal would have ISPs send warning letters to 1,000 prolific illegal downloader per week during the three-month trial period. If that fails to significantly reduce illegal file-sharing, other alternatives would be considered, including a variation of the graduated-response/three-strikes proposal that would eventually disconnect Internet access services of persons who ignore repeated warnings or--of course--another European media levy, this time on internet-access services.

Personally, I hope that the U.K. opts for the graduated-response option. I realize that the usual "public-interest" groups say that disconnecting infringing users after repeated warnings is unfair, but, seriously, as compared to what? Forcing copyright owners to incur thousands of dollars filing John Doe lawsuits that must then be recovered from the families of teenagers and students unless copyright enforcement is to become a money-loosing proposition? Putting college students in jail? Those are the options available to deter illegal file-sharing under existing U.S. law. Are these options honestly less punitive or more enlightened than a graduated-response program? And by the way, libraries also provide access to knowledge, but if you don't follow their rules, they will throw you out and revoke your borrowing privileges. Is that unfair?" [IPCentral]

The internet is not free
"The result of the court action between Google and Viacom is that YouTube will need to police the material that people upload. I used to teach a course to staff at King's College London on copyright law, and one of the main pieces of advice I gave was that contrary to popular belief, content on the internet is not free. Yes, you can access certain information online, but this does not mean that is legal to upload or download it, as the case may be.

It therefore came as no surprise that a US district court judge ruled in favour of Viacom's demands to see who has been uploading their video content on YouTube. Call it payback time. This is part of a $1bn case which Viacom has undertaken to establish whether it is an infringement for YouTube to host copyright material on their website without permission." [Guardian]

How long should music copyright be? | New Music Strategies
"This one’s easy. I’ve been saying this for a while now, and it never fails to get me into an animated discussion. I’ve listened to all the arguments, read all the reports, heard convincing arguments about copyright extension and for complete overhaul of the copyright system.

And I’ve come to the following conclusion: The ideal term of both recording rights and composer’s rights is five years. That’s right: Five. Not 95. Not 75. Not 50 or 25. Five. That number again: 5." [NewMusicStrategies]

4/30/04

A Comparison Between the Political Executives of France and Germany

France and Germany’s differing constitutions have resulted in their executives holding different emphasis on the role of the president and the prime minister and the power that they hold over the parliament. For example, Germany has a greater separation of powers, where the president is confined to state matters and the prime minister (chancellor) maintaining domestic policy. In France however, the president has significantly greater control, being both Head of State and with the most domestic control. Their relationships between the executive and parliament reflect how the leaders and cabinet are able to act. While both the French President and German Chancellor are able to choose the members of the cabinet, the German Chancellor has less control and has to keep one eye on parliament. Being elected by popular mandate, the French President does not have this problem and has the added influence of being able to choose the prime minister as well. On the other hand, similarities do exist. Both presidents have similar roles as Heads of State and they are looked to as spiritual leaders, or guardians of a national ideal. Constitutional checks can still reign in the French President.

The Fourth Republic of France was held hostage by a leaderless parliament. The executive and the National Assembly’s ability to get bogged down by petty squabbles left it both weak and unrepresentative. For example, in the twelve years of the Fourth Republic there were 25 different governments, as political infighting made it impossible to meter out any stable coalition, with the president spending much of his time trying to hold together the parliament. Wright claims the difficulty in parliament choosing a president meant that “they were seen as the creatures and prisoners of the members of parliament who had elected them and who, when choosing the president, had sought to avoid the election of a strong personality – a man who might prove a danger both to the privileges and prerogatives of parliament and to the republic itself”[1]. For example, it took Rene Cote, the last president of the Fourth Republic thirteen ballots in order to get elected, a waste of time and a battering to any political leader’s prestige. It is also put across that any “presidential power was exercised only so long as it was tolerated by parliament and the government”.[2]

The Weimar government of the 1920s and 1930s was Germany’s first attempt at democracy. There were a great deal of flaws which made it a highly unstable political environment. For example, majorities of opponents frequently combined their votes to remove an incumbent chancellor, creating the instability which eventually paved the way for extremist groups like the Nazis to gain support. In 1934 Hitler similarly took advantage of President von Hindenburg’s death to assert himself as Head of State. Hogwood backs up these claims, asserting that these experiences “served as a warning against the concentration of state power under a single leader.”[3]

The French solution to this political instability was to strengthen the presidency, resulting in an example of ‘semi presidential’ government, in which a “president with some executive powers”[4] works extensively with the prime minister to guide government policy. Hogwood feels that in the Fifth Republic electoral politics “came to be dominated by presidential rather than parliamentary election.”[5] The main reason for this level of control is because the president is directly elected by the people. This gives the leader a personal mandate, as “a direct election confers legitimacy on the president, giving the incumbent a sound basis of office.”[6] This is particularly so as the electoral process requires up to two rounds of elections, until a candidate receives a majority of the vote.

Germany’s constitution drafters were at pains to create both an assertive parliament and an assertive government. Their solution was to create Chancellor Democracy. Unlike France, both the President and the Chancellor are indirectly elected. The president is chosen by Electoral College, whilst the chancellor was picked from a majority coalition in the Bundestag. This is in order to “create a balanced and stable system of government in which the executive could not act arbitrarily as it had during the Third Reich.”[7] Although the chancellor was previously elected in that manner there were a number of important changes. Firstly, it was only possible to remove the chancellor if there was a majority agreeing his successor. What Hogwood describes as a ‘constructive vote of no confidence’ helps to avoid the possibility of a power vacuum. The cap on the German President being only allowed two terms of office has proved to be a leash on any politician from exerting his influence for too long. Similarly, another important development was the “clear demarcation of the executive”,[8] as the president has been confined to a merely ceremonial role as head of state.

Both the French and German President’s roles as Head of State are fairly similar and have had successes, both internationally and domestically. For example, the French and German Presidents have been vocal recently in their opposition to the Iraqi war. Domestically, they have similar success representing some form of ideal of the national spirit.

Wright claims that the French President is the “guardian of national interest, the leader of the nation, the physical embodiment of its traditions and its continuity and the guide to its future actions.” [9] For example, the French President, Jacques Chirac has been very vocal in removing religious clothing in the workplace.

Having to deal with the ghosts of Nazism and the unification of Germany in the 90s the German President has an even more critical task. Hogwood highlights this, claiming that “West German presidents took on the role of the guardian of the country’s conscious and morale, working particularly for the people’s moral rehabilitation from war guilt”.[10] Ironically though, she goes on to point out how this created friction with the East Germans. This is because the East Germans were taught that they were working class, and consequentially they were victims. West Germans’ demands for a similar process is often interpreted as “western triumphalism over the fall of the former GDR”,[11] causing great friction in the country.

The French President has significant control over parliamentary process. He has control over patronage, choosing both the prime minister and the members of the cabinet, effectively controlling the direction of the executive. The President also has powers to dissolve the National Assembly and oversee the calling of referendums. Hogwood feels that “as long as the president had a sympathetic majority in parliament, he could in practice appoint and dismiss parliament.”[12] This is backed up by Wright, who asserts that “prime ministers and ministers have been appointed and dismissed without consultation and prime ministerial advice and objections ignored.”[13] This is because he is elected by the people and does not hold any loyalties to parliament, which enables the president to avoid or break parliamentary deadlock more effectively. On the other hand, the French President still does have constitutional checks. For example, the ability to dissolve the National Assembly is only allowed once a year. Similarly, the constitutional checks which have increasingly been ignored by the presidents could easily be returned at any point from an aggressive parliament. The prime minister merely works for the president, attempting to negotiate his policies with the National Assembly.

The German Chancellor has the constitutional right to “determine the general lines of the government’s policy programme”.[14] Like the French President the German Chancellor is able to choose his cabinet and although he is unable to interfere with the ministers’ departments they can “have the upper hand in this balance of responsibilities, because they can reshuffle the cabinet to get their own way.”[15] Also, the executive can bypass the Bundestag’s scrutiny by using committees and the federal system. However, unlike France, Germany’s executive power comes from lower levels upwards. The chancellor is chosen from the majority coalition of parties, taking into account a wide array of German regions (many political parties are regional), and social and economic differences. He is also most likely to have a more conciliatory and encompassing position to have got elected as prime minister in the first place. As a result, unlike the French President when choosing the cabinet the German Chancellor has to keep one eye on the coalition, as his coalition may fall apart if he upsets even minor parties. Hogwood extends the chancellor’s situation, pointing out that when there are many parties involved in a coalition the chancellor “is more likely to take on the character of a co-ordinator rather than the director of government policy.”[16]

Historical events have resulted in the French and German executives appearing so different. As a result France’s executive is more dynamic, as the president is able to make decisions without the need to appease parliament. Germany’s executive is more considered, with most actions being done with the general support of the Bundestag. Consequentially, whereas France’s President leads government policy, Germany’s Chancellor, despite his great level of control can only merely guide it.

This essay was written by Jonathan McHugh in April 2004


[1] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p20-23

[2] Ibid. p22

[3] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p128

[4] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p127

[5] Ibid. p132

[6] Ibid. p134

[7] Ibid. p168

[8] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p127

[9] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p28

[10] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p128

[11] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p129

[12] Ibid. p132

[13] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p28

[14] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p137

[15] Hogwood, Patricia; Roberts, Geoffrey European Politics Today: Second Edition (Manchester University Press, 2003) p137

[16] Ibid. p141

4/12/04

How Do Their Attitudes Towards Founding And History Affect Different Democracies?

This essay aims to compare how democracies are affected from a revolutionary aspect, such as when democracies were founded and then from an evolutionary aspect, where events result in a shift in democratic structure. It will focus on France and the United States of America, two of the earliest modern democracies, which were created in the eighteenth century and greatly informed by their differing histories of political upheaval and revolution. In order to make these cases the nature of the uprisings in the eighteenth century, their alternative effects shall be looked at, as well an analysis of more recent events in the nineteenth and twentieth century.

The result of the French Revolution of 1789 has been a flitting between constitutional monarchy,[1] dictatorship[2] and various republics[3], as well as German occupation during the Second World War. The French Revolution was unique in that it, as Hague, Harrop and Breslin argue “swept away medieval structures of power and accelerated the creation of modern nation-states which dominate the contemporary world”. [4] It also helped to speed up major economic and political growth through removing the control that the aristocracy and church held over the peasantry, which in turn laid the groundwork for more representative, democratic government. However, France’s revolution was not a stable one. They also point out that “once the common enemy has been removed, the glue dissolves”[5], which helps to explain why the revolution didn’t result in stability and why France’s political system seems to swing between various forms of democracy, and authoritarian rule.

Charles De Gaulle’s Fifth Republic (1958 onwards) was an attempt to correct the weaknesses of the Third and Fourth Republics, as the executive and the National Assembly’s ability to get bogged down by petty squabbles left it both weak and unrepresentative. For example, in the twelve years of the Fourth Republic there were 25 different governments, as political infighting made it impossible to meter out any stable coalition, with the president spending much of his time trying to hold together the parliament. Wright claims the difficulty in parliament choosing a president meant that “they were seen as the creatures and prisoners of the members of parliament who had elected them and who, when choosing the president, had sought to avoid the election of a strong personality – a man who might prove a danger both to the privileges and prerogatives of parliament and to the republic itself”[6]. For example, it took Rene Cote, the last president of the Fourth Republic thirteen ballots in order to get elected, a waste of time and a battering to any political leader’s prestige. It is also put across that any “presidential power was exercised only so long as it was tolerated by parliament and the government”.[7]

These factors resulted in France’s inability to deal effectively with any major events, such as uprisings in Indochina (1954) and Algeria (1956). This is highlighted by Roskin who points out that people saw the Fourth Republic as “unable to settle the ghastly Algerian War”[8] and views that “if a premier was too effective, other politicians sometimes vote against him out of resentment”[9]. To prove this he cites Pierre Mendes’ dismissal from the National Assembly as being an example of jealousy over his success at dealing with the Indochina uprising. Williams proposes that as a result of all this infighting government even became unrepresentative, operating “with no reference to the general public”.[10]

On the other hand, Wright does highlight how the Fourth Republic Presidents did exercise more authority than their predecessors in the Third Republic, asserting that “both were always intimately involved in the delicate negotiations which preceded the formation of any new government and marshalling parliamentary support for that government once it presented itself to the Assembly for investiture.”[11] He also highlights that “a determined president could try to block proposals and wait for the ineluctable collapse of the ministry: the succeeding prime minister might prove more sympathetic or more pliable”,[12] but of course the time it would take to achieve this would be extremely detrimental.

America initially existed as a loose collection of colonies, principally in New England, in the North and the Southern states, with different rules and freedoms handed by the “motherland”, England. The United States formed following the War of Independence was a response to England taxing the colonies without any form of representation. It had difficulties trying to maintain the confederation, as these governments had previously existed alongside and independently of each other, with Alex De Tocqueville noticing that “each of them, having always had a separate existence and a government within its control, had created peculiar interests”. [13] The constitution had to recognise that the states individual control was the greatest priority, which De Tocqueville agreed with, noting that “social resources would be more wisely and judiciously employed, if the administration of the whole country were concentrated in one pair of hands. But the political advantages derived by the Americans from a system of decentralisation would make me prefer that to the opposite system”.[14] He also felt that America is right to allow states to rule but leave administering to a central authority.

On the other hand, the writers of the revised American Constitution in 1787 had to include a backbone of central government or the states would be paralysed. The peace resulting from independence highlighted the defects in the original 1781 legislation. The united state had disintegrated, leaving each colony to become an independent state, which left America not able to find “resources sufficient to stand up to the Indian tribes or to pay the interest on debts contracted during the War of Independence”.[15] As a result of these flaws the Union was given the exclusive rights of making war and peace, concluding commercial treaties, levying armies and equipping fleets, as well as maintaining currency and the post office.

The President of America is restricted domestically by congress. Hague, Harrop, and Breslin feel that “the president seeks to influence Congress but cannot dictate to it, Presidential power is in essence the power to persuade.” As mentioned earlier, in the Fourth Republic of France the president had similar difficulties, but to an even greater extent. On the other hand, Wright saw that the Fifth Republic allowed Charles Gaulle (and his successors) “to be above politics and politicians”[16] and control domestic policy. The president is seen as being more represented and because of the weakened position of the French Parliament, backed up by Roskin’s claim that ministers were “reduced to messenger boys”.[17] Although the American President is the most representative member of government he is weaker than France because of the strength of congress and the federal structure which exists in America.

The American constitution unlike the French one which has been revised frequently, has been almost set in stone, Roskin feels that “the Americans regard their Constitution with an almost religious awe, not to be touched in its basic provisions, the French…have seen constitutions come and go and are not adverse to rewriting the basic rules of their political game every few decades.”[18] However, there have been some minor changes, “from the New Deal onwards, the American public looked to the White House rather than Congress for political leadership.”[19] asserts Hague, Harrop, and Breslin, also pointing out how there was a change back towards Congress from the 1970s, a “reaction to the so-called ‘imperial’ presidency”[20] .

In many ways the democracies of America and France are similar, with both presidents being universally elected and them being able to choose the cabinet. However, there are marked differences partly as a result of their democratic founding, such as whether it was through uprising against and internal or external enemy and events which led to either a movement or shift in presidential influence, such as the Algerian crisis or the New Deal. On the other hand, there are other factors which could have as strong a bearing on how these democracies have existed, such as geography. The size of the nation could quite easily help to explain why federalism exists in the United States and not France. Similarly, America’s ability to stay politically stable may be because it has not been in such proximity with aggressive nations as France.

This essay was written by Jonathan McHugh in April 2004


[1] Louis XVI (1791-49) and the Bourbon Restoration (1815-71)

[2] Napoleon (1804-15) and Napoleon III (1852-71)

[3] First Republic (1792-1804), Second Republic (1848), Third Republic (1871-1940), Fourth Republic (1944-58), and Fifth Republic (from 1958)

[4] Hague, Rod; Harrop, Martin and Breslin, Shaun Comparative Government And Politics: An Introduction (Third Edition) (Macmillan, 1992), p76-7, p316

[5] Hague, Rod; Harrop, Martin and Breslin, Shaun Comparative Government And Politics: An Introduction (Third Edition) (Macmillan, 1992), p76-7

[6] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p20-23

[7] Ibid. p22

[8] Roskin, Michael J Countries And Concepts: An Introduction To Comparative Government (Prentice-Hall, 1982), p91.

[9] Ibid., p91

[10] Williams Philip M The French Parliament (George Allen And Unwin, 1968) p114

[11] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p22

[12] Ibid. p22

[13] Alexis De Tocqueville Democracy In America (Translated By Lawrence, George Edited By Mayer, J.P. Doubleday Anchor (originally 1840), 1969). P82, p93, p112, p113

[14] Roskin, Michael J Countries And Concepts: An Introduction To Comparative Government (Prentice-Hall, 1982). p93

[15] Ibid. p113

[16] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984). p23

[17] Roskin, Michael J Countries And Concepts: An Introduction To Comparative Government (Prentice-Hall, 1982), p91, p93

[18] Ibid. p91

[19] Hague, Rod; Harrop, Martin and Breslin, Shaun Comparative Government And Politics: An Introduction (Third Edition) (Macmillan, 1992), p300

[20] Ibid. p300

3/19/04

Assess the Relative Merits of the French and American Presidential Systems

The French and American Presidency both hold similar positions and roles. For example, both are Head of State, Chief of Executive, Chief Diplomat, as well as Commander in Chief of the Army and Navy. In order to evaluate the relative merits of these Presidential systems we are going to evaluate how much each president is able to employ for each position and how effective they are at doing so. To do this the differences in their constitutions have to be examined. For example, the American Constitution attempts to restrict the President in order to encourage stability and prevent abuses of control. On the other hand, in France the Fifth Republic’s Constitution reinforces the authority of the President so that policies can be put through effectively in the National Assembly.

The Fourth Republic was dogged by a weak executive, with the National Assembly constantly getting bogged down by petty squabbles, leaving it both weak and unrepresentative. For example, in the twelve years of the Fourth Republic there were 25 different governments, as political infighting made it impossible to meter out any stable coalition, with the president spending much of his time trying to hold together the parliament. Wright claims the difficulty in parliament choosing a president meant that “they were seen as the creatures and prisoners of the members of parliament who had elected them and who, when choosing the president, had sought to avoid the election of a strong personality – a man who might prove a danger both to the privileges and prerogatives of parliament and to the republic itself”[1]. For example, it took Rene Cote, the last president of the Fourth Republic thirteen ballots in order to get elected, a waste of time and a battering to any political leader’s prestige. It is also put across that any “presidential power was exercised only so long as it was tolerated by parliament and the government”.[2]

These factors resulted in France’s inability to deal effectively with any major events, such as the uprisings in Indochina (1954) and Algeria (1956). This is highlighted by Roskin who points out that people saw the Fourth Republic as “unable to settle the ghastly Algerian War”[3] and views that “if a premier was too effective, other politicians sometimes vote against him out of resentment”[4]. To prove this he cites Pierre Mendes’ dismissal from the National Assembly as being an example of jealousy over his success at dealing with the Indochina uprising. Williams proposes that as a result of all this infighting government even became unrepresentative, operating “with no reference to the general public”.[5]

The 1958 Constitution of the Fifth Republic was created in order to readdress these major flaws in French politics. Charles de Gaulle, the first President of the Fifth Republic was given new powers which enabled him to appoint and dismiss the prime minister and ministers without consultation. Similarly, the President was solely responsible for the Council of Ministers, the backbone of French bureaucracy and the key positions in the Judiciary. Successive Presidents have been able to exploit their influence, described by some observers as an “elected monarch”, with Wright suggesting that the office has “been much more powerful, more interventionist and more political than the constitutional texts appear to imply…in order to increase the scope of each of their functions”.[6]

The constitutional reforms appear to have succeeded in their aims. France is no longer the subject of international derision that she was in 1958 and the public is content, with Wright asserting that there is “a high level of satisfaction with the regime.”[7] However, the most important success of the Presidential reforms has been its stability. Prime ministers now enjoy longer periods of office and parliament is now prepared to work with the President. Even the army, something once described as “the state within the state”[8] during the previous regime has now been “reduced to silent obedience to the civil authorities.”[9] The President, unlike before is now the major political focus within France. Actions such as de Gaulle’s devaluation of the Franc in 1968 or Pompidou’s extensive industrial policy could not have happened without these new powers.

These reforms are not perfect however. For example, even though the President is able to dissolve the National Assembly constitutional checks result in him being only able to do it for only a couple months and only once a year. The French President is constantly constrained by time because of the high level of public ceremonies and political management. For example, if the French President attempted to get involved in every detail of legislation he would end up failing to guide sufficient policy. If for whatever reason the President was engaged, in the absence of the leadership the unguided ministers would most likely display “the sense of and purpose of freshly decapitated chickens”,[10] as Wright puts it. On the contrary, a President who failed to get involved in the bureaucracy would be held hostage to the “overloaded, defective and inefficient”[11] civil service, resulting in the President’s requests not fully being implemented.

There are other restrictions that have a more significant ability to influence the President and his action. Wright argues that France has “different ‘unofficial’ types of power”.[12] For instance, it was a small group of communist-led workers, grouped in closed shops, who shut down the port of Le Havre for many weeks and who, on several occasions between 1975 and 1977 brought the Paris press to a standstill. Increasing EU integration over political, economic and even cultural matters is decreasing the President’s a scope of autonomy. For instance, the President has relatively little influence over the Euro compared to what he did with the Franc.

The roles and power are far more complicated for the American President. The Constitution of 1787 was created in order to ensure that no man or state had too much control over the Federation, whilst simultaneously ensuring that the President had enough power to defend the country in times of war. Consequentially the President and Congress are constantly at odds with each other. Wilson summarises it by mentioning that “no policy, domestic or foreign, can be maintained effectively by a President without the approval of Congress in the form of laws and money; and second, that there is no way under our Constitution for a President to force Congress to pass a law or spend money against its will”.[13] The complexities of the Constitution mean that no single centre of power can act alone in restraining the President. They form a close network which can be very strong against unruly Presidential actions. However, as Rossiter points out, these rules are not designed to paralyse him, merely to reinforce his boundaries, “if he cannot judge the limits of his power, he cannot call upon its strength. If he cannot sense the possible, he will exhaust himself attempting the impossible”.[14] In the example Rossiter gave the public was in uproar arising from the seizure of the steel mills, eventually forcing Truman to back down in 1952. In order to balance all these pressure groups the President is most likely to “dissipate all his time, energy, and capacity for leadership”,[15] to an even greater extent than the French Presidency, as he has to deal with many aforementioned groups.

The President does still hold some significant control. For instance, Wilson highlights how Carter and Reagan selected most of the federal judges now on the bench, stamping their political philosophies on the courts. Rossiter raises an interesting point when it comes to the President’s role as representative of the people. He highlights how despite lacking a Congressional majority, a President with popular support is “expected by the country, and therefore by Congress, to turn his politics into law”.[16] However, as he points out later it is “only if he uses it in ways they understand and approve, which generally means ways that are fair, dignified, traditional, and familiar. He can lead public opinion, but only as far as public opinion is willing to go”.[17]

The Constitution gives significant powers to the President in terms of international affairs. Congress relaxes its bite in times of war, believing that any conflicts would be distracting and counterproductive. Truman went far enough to suggest that in terms of foreign policy the Presidency forms “an aggregate of power that would have made Caesar or Genghis Khan or Napoleon bite his nails with envy”,[18] reiterating it by claiming that “no man or combination of men in the United States can muster up so quickly and authoritatively the troops, experts, food, money, loans, equipment, medical supplies, and moral support that may be needed in a disaster”.[19] Wilson even went so far as to call it an “Imperial Presidency”.[20] In order to highlight the President’s strength he shows how Kennedy and Johnson were able to send American troops to intervene in Vietnam. Hamilton argues that as Chief Diplomat the President has great authority, suggesting in regard to Eisenhower “the President has repeatedly committed the nation to decisive attitudes and actions abroad, more than to war itself…a stubborn President is hard to budge, a crusading President is hard to thwart”.[21] Even though Congress is required to rubber stamp any wars, the President’s position is paramount with foreign policy. This is, as Rossiter puts it, partly because the President’s short-term actions create long-range consequences.

As Commander in Chief of the Army and Navy the President has control of maintaining the forces and making key decisions, such as whether or not to deploy nuclear missiles. Rossiter cites how this role can create a lot of flexibility in periods of war through ginger reinterpretations of the role, such as Roosevelt’s evacuation of Japanese citizens during WWII. Infact, he even goes so far as to claim that Congress is “more likely to needle the President for inactivity and timidity than to accuse him of acting too swiftly.”[22]

However, the Presidency does still have problems associated with this degree of power abroad. As Commander In Chief he supervises the forces and is “accountable to the people, Congress and history for the nation’s readiness to meet an enemy assault”.[23] The President still has to make treaties with the Senate and they have stood up to the President on major issues. For example, Carter’s anti-arms limitation treaty with the Soviets was blocked by the Senate and Reagan was never allowed to test anti-satellite weapons.

Both nations constitutions have succeed in their respective roles. The French have a strong Presidency which maintains order, whereas the American model favours stability and independence to perfect efficiency but still empowers the President on the world stage. Domestically, France’s President is far more powerful. America’s domestic political framework is generally too complex to implement bold policies that the French have previously initiated. However, France’s growing integration with Europe should clip the President’s wings both domestically and internationally, as he will have to follow a more conformist policy in the future. Internationally America is politically, militarily and economically superior. As a result it would have been impossible for France’s President to have (and have gotten away with) invading Iraq despite the international communities loud disapproval.


This article was written by Jonathan McHugh in March 2004

[1] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p20-23

[2] Ibid. p22

[3] Roskin, Michael J Countries and Concepts: An Introduction to Comparative Government (Prentice-Hall, 1982), p91.

[4] Ibid. p91

[5] Williams Philip M The French Parliament (George Allen And Unwin, 1968) p114

[6] Wright, Vincent The Government And Politics Of France (Hutchinson, 1984) p28

[7] Ibid. p293

[8] Ibid. p293

[9] Ibid. p293

[10] Wright, Vincent the Government and Politics of France (Hutchinson, 1984). p295

[11] Ibid. p295

[12] Ibid. p298

[13] Wilson, James American Government (DC Heath and Company, 1989) p36

[14] Rossiter, Clinton The American Presidency (Hamish Hamilton, 1957). p36

[15] Ibid. p41

[16] Ibid. p47

[17] Ibid. p48

[18] Rossiter, Clinton The American Presidency (Hamish Hamilton, 1957). p16

[19] Ibid. p20

[20] Wilson, James American Government (DC Heath and Company, 1989) p315

[21] Rossiter, Clinton The American Presidency (Hamish Hamilton, 1957). p10

[22] Rossiter, Clinton The American Presidency (Hamish Hamilton, 1957). p13

[23] Ibid. p11