Circumstances

There are no basic conditions for tabling motions of no confidence; their authors are free to choose reasons for wishing to censure the Government. On the other hand, the tabling and carrying of motions of censure is subject to procedural conditions.

Modalites

Such a motion is not acceptable unless it is signed by at least a tenth of the members of the Assembly. The same member may not be the signatory of more than three motions of censure during a single ordinary session, and of more than one during a single extraordinary session, except if the motion is tabled in response to making the passing of a bill an issue of responsibility (Article 49.2). Voting may not take place within forty-eight hours of the motion being introduced. A motion of censure may not be adopted unless a majority of the members of the Assembly vote for it, with only the votes in favour of the motion of censure being counted. A Government may not be overturned from then on except by the express will of the majority of the deputies, the absentees as well as the deputies wishing to abstain, being reputed to support the Government.

Consequences

When the National Assembly adopts a motion of censure, the Prime Minister must hand in the Government's resignation to the President. A motion of censure has been adopted under the Fifth Republic once, on 4 October 1962. When the Prime Minister had submitted the Government's resignation, the President held him in his post in order to see through the jobs at hand and announced the dissolution of the National Assembly. When the elections drew a favourable majority for the President and the overthrown Prime Minister, the latter was reinstated by the President. From 1991-2002, ten motions of censure were tabled at the initiative of the deputies (five under the 9th legislature, three under the 10th and two under the 6th), and six motions of censure based on Article 49, paragraph 3 of the Constitution (three under the 9th and three under the 10th). These motions of censure were all tabled by opposition groups and none of them was adopted.