Hostname: page-component-cd9895bd7-gvvz8 Total loading time: 0 Render date: 2024-12-26T12:23:48.105Z Has data issue: false hasContentIssue false

Government Financing of National Elections in France

Published online by Cambridge University Press:  13 February 2019

Extract

In France the public financing of national election campaigns as practiced throughout its history has not yet resolved several problems which are related to the legal and political development of French institutions and society. This current legal situation, which is still in a state of transition, has been based on a series of conceptions which do not reflect the reality of modern political campaigns. So far, the French legislation seems to ignore the tremendous importance of contemporary advertising as a means of favoring candidates who can afford it and provides that only a limited number of activities, printed materials, and a limited amount of media time be given for free by the government in order to make a person's abilities and platform known. The Government of the Fifth Republic, instead of increasing its support to financial campaigns, has generally acted in such a way as if some limitations on necessary expenses would put all the candidates on the same level. Another problem consists of the deliberate ignoring of the existence of the parties in the legal sense, with the exception of broadcast regulations which do mention the parties and political groups by name. The dichotomy between the legislation and reality is so great that very often when the rules are violated, no judicial sanctions are imposed.

Type
Legislative Perspectives
Copyright
Copyright © 1980 International Association of Law Libraries. 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1. Laws of July 3, 1972, and August 7, 1974. Nouvem Répertoire de Droit. Mise a jour 1977, 1531 (Paris, Dalloz, 1977).Google Scholar

2 R. Kraehe, Le financement des partis politiques 76 (Paris, P.U.F., 1972).Google Scholar

3 Supra note 1.Google Scholar

4 Journal Officiel [J.O.], March 17, 1964, p. 2491.Google Scholar

5 J.O. November 19, 1965, p. 10,228.Google Scholar

6 J.O., March 17, 1964, p. 2492.Google Scholar

7 J. Cadart, Institutions politiques et droit constitutionnel. I, at 765 (Paris, L.G.D.J., 1975).Google Scholar

10 A. Hauriou et al., Droit constitutionnel et institutions politiques 947 (Paris, Montchrestien, 1975).Google Scholar

11 The text indicated in art. 15 refers to the leaflet form in which the declarations are to be written and sent to the voter, i.e., it is to be two pages long and of a standard size. J.O., March 17, 1964, p. 1492.Google Scholar

12 Art. 10 refers to the National Control Commission and art. 16 refers to the local commissions. J.O., id.Google Scholar

13 J.O., id.Google Scholar

14 To give an indication of spending in some recent presidential campaign, in the 1965 campaign, Francois Mitterrand spent approximately one million francs provided by the Socialist and Communist coalition. The Democratic candidate, Jean Lecanuet, gathered one and one half million francs for his campaign at the same election. [R. Schwartzenberg, La campagne presidentielle de 1965 73 (Paris, P.U.F., 1967). In 1969 the Communist candidate in the first round of ballots spent one million francs, according to Le Monde (Apr. 19, 1974), and, according to the same news article and a subsequent Le Monde report (Nov. 24, 1965), de Gaulle spent more than ten million.Google Scholar

15 The most advantageous places and largest posters were secured by de Gaulle and Lecanuet. General de Gaulle's posters, which were lit at night, were mounted high up so that political opponents could not tear them down. Likewise, the amount spent by Georges Pompidou in his election was even greater than that spent by de Gaulle. Mitterand, of the Left, and Tixier-Vignancour, of the extreme Right, had medium-size posters. Candidates such as Marcilhacy and Barbu could not afford to rent any place from commercial advertising agencies.Google Scholar

** Moreover, during recent presidential elections, several lesser known candidates were unable to obtain paper and to find a printer who would do their electoral propaganda material. For many reasons some candidates were unable to forward printed documents to their destination or to meet the deadlines imposed for their printings and written declarations in the whole country. [Le Monde, July 26, 1974, P. 8].Google Scholar

17 A. Grosser, Cours profesśe au 1972-1973 à l'lnstitut d'Etudes Politiques de Paris, as quoted in Le Monde, April 19, 1973. See also: A. Campana, L'argent secret, le financement des partis politiques 53 (Paris, Arthaud, 1976).Google Scholar

18 Le Monde, April 19, 1974.Google Scholar

20 Code éléctoralin Code administratif [hereafter: Code electoral] 671-672 (Paris, Dalloz, 1977).Google Scholar

21 Kraehe, supra note 2, at 77.Google Scholar

22 Code electoral, at 672.Google Scholar

23 Id. at 671.Google Scholar

24 Id. at 701-702.Google Scholar

25 Repertoire de droit public et administratif, mise a jour 1977, 400 (Paris, Dalloz, 1977).Google Scholar

26 R. Lindon, “La deplorable organisation du controle de la loyaute des éléctions,” La Semaine Juridique, September 13, 1978.Google Scholar

27 Code electoral at 694.Google Scholar

28 The action of friends can be very embarrassing, as in the case of Chaban Delmas who was forced by his on the second ballot to support his rival, Giscard d'Estaing, because: “[t]he money that was necessary for the first ballot of his campaign was promised but not paid.” [Campana, supra note 17, at 15.]Google Scholar

29 Premier Avocat general honoraire a la Cour de cassation, supra note 26.Google Scholar

30 Kraehe, supra note 2, at 75.Google Scholar

31 Campana, supra note 17, at 20.Google Scholar

32 Id. at 22.Google Scholar