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Recent Governmental Reforms in France

Published online by Cambridge University Press:  02 September 2013

H. J. Heneman
H. J. Heneman*
Affiliation:
University of Michigan
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Extract

In reporting to the French people on th e state of affairs in France on June 25, 1940, Premier Marshal Philippe Pétain said: “It is toward the future that. … we turn our efforts. A new order commences.” A new order in France has begun, indeed, even though the character of the French political, economic, and social institutions of the future is not yet subject to definitive determination. With large portions of her territory occupied by German and Italian troops and with all of France at the mercy of her conquerors, the Vichy government has been unable to act with that independence essential to the exercise of full sovereign power. Because of this subjugation to countries still at war, the future of France is inextricably bound up with the outcome of the present conflict. Nevertheless, the “restoration of all that is sound in French life” is well under way, according to Marshal Petain. This task has been undertake n by a government composed in a large measure of persons who have never enjoyed a wide popular following. For years, criticisms of French democratic political institutions and the practices which surrounded them were not inconsiderable and, although handicapped by the necessity of looking both to Wiesbaden and to the German authorities in Paris, the critics who repeatedly sought to discredit the parliamentary system are now having their innings. Under the normal operation of the French political system, the Pétain cabinets could not have come into power, because it is extremely doubtful whether they could have received the support of a parliamentary majority.

Type
Foreign Government and Politics
Information
American Political Science Review , Volume 35 , Issue 1 , February 1941 , pp. 87 - 100
Copyright
Copyright © American Political Science Association 1941

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References

1 On June 14, 1M0, German troope occupied Puis, and on June 10 Paul Raynaud resigned as premier and us replaced by Marital Pétain. On that same day, the cabinet voted, 13 to 11, to request an armistice. The armistice with Germany was signed on June 22 and that with Italy on June 24. The government had bean moved from Paria to Tours, to Bordeaux, to Clermont-Ferrand, and finally to Vichy. On July 9, 1940, the French parliament assembled at Vichy, and on July 10 the National Assembly adopted proposals for a revision of the constitution. The events of these trying days are ohronicled in such sources as the following: Maurois, A., Tragedy in France (New York, 1940)Google Scholar; Armstrong, H. F., Chronology of Failure (New York, 1940)Google Scholar; and K. Loewenstein, “The Demise of the French Constitution of 1875,” in this Review. Vol 34 (1940)pp.867–895.

2 See the German armistice, Arts. 2 and 3; the Italian armistice, Arts. 2, 3, and 4.

3 German armistice, Art. 24; Italian armistice, Art. 26.

4 German armistice, Art. 22; Italian armistice, Arts. 23–26. The German armistice commission has its seat at Wiesbaden, and for many purposes this city may be called the true capital of France. The French representative to Wiesbaden has been General Charles Huntsiger. There is also a German Administration for France with headquarters at Paris. French cabinet ministen are frequently summoned to Paria by this body. In addition, the German government has designated Otto Abetz as its “ambassador in France,” with a roving commission which gives him the power to represent the civil government of the Reich in both the occupied and unoccupied parta of France.

5 It is possible that the Vichy government possessea some bargaining power at Wiesbaden, to be found in the threat of Pétain to resign and allow the provisional government of France to be reformed eleswhere. For example, If the government were moved to North Africa and if the French military forces in that region were to aid the British in defeating the Italians In Africa, a aituation of considerable embarrassment to Rome and Berlin might arise.

6 Detailed acoounte of the first days at Vichy are contained in Thouvenin, J., Les Premiers Actes du Maréchal Pétain (Clermont-Ferrand, 1910), pp. 55 ff.Google Scholar, and Montigny, J., Touts la Vérité sur un Mois Dramatique de notre Histoire (Clermont-Ferrand, 1940), pp. 52 ffGoogle Scholar.

7 See Montigny, supra, especially pp. 62, 63. Prior to the sessions at Vichy on July 9 and 10, Laval had been the leader of a group of parliamentarians which had urged that the government remain in France and reorganise itself “to meet the new needs.” If the government were transferred to Africa, as some advocated, Laval said it would merely mean the continuation of the “same system with the same per-sonalities.” On June 21, Laval headed a committee composed of auch men as Mar-quet, Bonnet, Pietri, and Bergery and catted on Albert Lebrun, President of the Republic, in order to persuade him to remain in France. In an interview that was not without heated remarks, Level and his friends apparently were successful in their efforts. The conversation between Laval and Lebrun is reprinted, in part, in Montigny, op. cit., pp. 25 ff.

8 See, for example, the remarks of Spinasse, a Socialist, who said that strong government was called for in order “to avoid having the country founder in violence and anarchy. Our duty ia to permit the government to usks a bloodless revolution. … We must also break with the past without hope of return.” Ibid., p. 59.

9 The minority in the Chamber consisted of the following deputies: Blondy (Oise), Margeine (Marne), and Roche (Hauts-Vienne). In the second chamber, the lone dissenter was Senator de Chambrun.

10 A discussion of the legal aspects involved in the enactment of this amendment may be found in Loewenstain, , “Demise of the French Constitution of 1875,” cited above, pp. 867 ffGoogle Scholar. Correct procedure appears to have been followed in the adoption of the amendment. The vote in the Assembly Indicated that party lines were of little significance. The record reveals that among the 80 in opposition were to be found such well-known persons as Vincent-Auriol, Blum, de Chambrun, Collumb, Dor-moy, Jean Heonessy, Paul-Boncour, and Jean-Louis Rolland. Herriot, Queuille, and Steeg were listed as among the absent, while Berenger, Campinchi, Delbos, Mandal, Reynaud, and de Wendel are mentioned as having been excused.

11 The amendment of July 10, 1940, which brought an end to the constitution of the Third Republic, contains but a single article, aa follows:

“The National Assembly gives all powers to the government of the Republic, under the authority and the signature of Marshal Pétain, to effect the promulgation by one or more acts of a new constitution of the French state. This constitution shall guarantee the rights of labor, of the family, and of the country.

“It shall be ratified by the nation and applied by the assemblies which it shall have created.

“The present constitutional law, deliberated end adopted by the National Assembly, shall be executed as the law of the state.”

This law was signed by Lebrun, the President of the Republic, and countersigned by Pétain as President of the Council.

In addition to publication in the Journal Officiel, the first fundamental constitutional acts and laws have been published in Montigny, supra;, in Thouvenin, Les Premiers Aetes du Maréchal Pétain; is Thouvenin, D'Ordre du Maréchal Pétain (Paris and Clermont-Ferrand, 1940); and in Naudin, P., Un Mois de Rénovation National: des faits, des actes, des documents (Vichy, 1940)Google Scholar. Unless otherwise indicated, the writer has relied upon the officisl texts as republished in Naudin.

12 On July 11, Marshal Pétain issued the following constitutional act:

“Article 2. The Senate and the Chamber of Deputies shall continue to exist until the Assemblies provided for by the constitutlonal law of July 10, 1940, shall have been formed.

“Article 2. The Senate and the Chamber of Deputies shall be adjourned until further notice.

“Hereafter, they shall be convened only by the Chief of state.

“Article 3. Article one of the constitutional lew of July 16, 1875, is abrogated.”

The reference In Article 3 is to the date when the Senate and the Chamber were required to meet and to the minimum length of their sessions.

13 Article 2 of the law of February 25, 1875, provides: “The President of the Republic shall be chosen by an absolute majority of votes of the Senate and Chamber of Deputies sitting together in a National Assembly. He shall be elected for seven years and shall be eligible for reflection.”

14 See the New York Times, Dec. 15, 1940.

15 See the texts of remarks by members of Parliament as reported In Montigny, supra, pp. 53–95; and in Thouvenin, supra, pp. 55–72.

16 Law of July 12, Art. 1. In subsequent reorganisations of the cabinet, devistions from the posts here enumerated have occurred.

17 Ibid., Art. 2. Article 3 of this law indicated certain specific funotions to be attached to several of the government posts. This article has been amended frequently , however, as functions have been transferred from one post to another when-ever changes in personnel have occurred.

18 Art. 4.

19 Another law of July 12 provided that these cabinets should consist of no more than seven members, each of whom must have been born of French parents. It was also required that the the chefs de cabinet and all of the other members of the cabinet, except for one person, be members of the public service or have been members for five years.

20 Arts. 1–8.

21 Law of July 17, 1940, Art. 1.

22 Art. 2. A system of pensions for those dismissed from the government service is provided for under the law.

23 See the New York Times end the Chicago Daily News, Dec. 12 end 13, and the New York Times, Dec. 29, 1940.

24 It is also true that in many communities In France the local governing bodies have revealed a hostility to the Petals government. The approaching local elections, now unnecessary, undoubtedly would have shown this opposition.

25 Perhaps the most concise way of indicating who has ruled France since June, 1940, is to list the members of the various cabinets and the poets they have held:

On December 14, 1940, a reorganisation of the cabinet occurred whan Laval was dismissed. Flandin replaced Laval in the foreign affairs poet, while the office of vicepresident of the council was left vacant. At the same time. Chevalier replaced Ripert as minister secretary for public instruction and youth.

On January 3, 1941, tha resignation of Paul Baudoin was announced, together with a further reorganisation of the cabinet. It was stated that the work of the cabinet would be coordinated under the direction of three of the ministers, Darlan, Huntsiger, and Flandin. Under this plan, Darlan would supervise internal affaire, Huntsiger would take charge of defense, and Flandin would assume control over foreign and economic affairs. See the Chicago Daily News, Jan. 3, 1941, and the New York Times, Jan. 4, 1941.

No attempt can be made in this paper to explain the factors responsible for the frequent reorganisations of the French cabinet or for the sudden shifts in personnel. Explanations available in this country are based almost entirely upon rumor.

26 Law of July 23, Arts. 1 and 2. See Thouvenin, , D'Ordre du Maréchal Pétain, pp. 59 ffGoogle Scholar. Many persons have lost their citizenship under this law and have had their property confiscated.

27 Law of July 30, Arts. 12–14.

28 For accounts of the social and economic institutions proposed by the various fascist liques, the following sources are useful: Millet, R. and Arbellot, S., Ligues et Groupements de l'extréme Droits a l'extréime Gauche (Paris, 1935)Google Scholar; Colonel de La Rocque, Service Public (Paris, 1934)Google Scholar; Malhere, H., La Rocque (Paris, 1934)Google Scholar; Gui-tard, P. and others, Doriot; L'Homme de Demain (Paris, 1936); andGoogle Scholar Bertrand, L., Hitler (Paris, 1936)Google Scholar.

29 Message of July 11, 1940. The official texts of Pétain's messages appear in a volume, Appelé auz Français (Éditions Fernand Sorlot), published by the Comité France-Amérique (Clermont-Ferrand, 1940).

30 Expost des motife de projet de loi constitutional, the text of which appears In Montigny, supra, pp. 129 ff.

31 The officisl text of this law is reprinted in Thouvenis, , D'Ordre du Maréchal Pétain, pp. 33 ffGoogle Scholar.

32 Art. 1.

33 Art. 2. Details regarding the personnel of these committees are to be determined by the minister secretary of state for industrial production and labor. Art. 3.

34 Art. 2.

35 Art. 6.

36 Art. 7.

37 The officisl texts of these laws appear in Naudin, supra, pp. 42, 44.

38 Law of July 30, 1940.

39 Thouvenin, supra, p. 29.

40 New York Times, Dec. 8, 1940.

41 See Thouvenin, , D'Ordre du Maréchal Pétain, pp. 14 ffGoogle Scholar.

42 Ibid., p. 8.

43 Ibid., p. 13.

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