CONSTITUTIONAL ACT NO. 2, DEFINING THE AUTHORITY OF
THE CHIEF OF THE FRENCH STATE, JULY 11, 1940
We, Marshal of France, Chief of the French State,
in consideration of the Constitutional Law of July 10, 1940,
Decree:
ARTICLE I. Section 1. The Chief of the French State
shall have full governmental powers. He shall appoint and revoke the
appointment of ministers and of state secretaries, who shall be responsible
only to him.
Section 2. He shall exercise legislative power in
the Council of Ministers:
1. Until the formation of the new Assemblies.
2. After this formation, in case of tension in foreign
affairs, or of a serious internal crisis on his own decision and in
the same form. In the same circumstances, he may issue all regulations
of a budgetary or fiscal nature.
Section 3. He shall promulgate laws and assure their
execution.
Section 4. He shall make appointments to all civil
and military posts for which the law does not provide any other method
of appointment.
Section 5. He shall have full power over the armed
forces.
Section 6. He shall have the right of granting pardon
and amnesty.
Section 7. Envoys and ambassadors of foreign countries
shall be accredited to him.
He shall negotiate and ratify treaties.
Section 8. He may declare a state of siege in one
or more parts of the territories.
Section 9. He may not declare war without the previous
consent of the Legislative Assemblies.
ARTICLE II. All provisions of the constitutional laws
of February 24, 1875, and July 16, 1875, which are incompatible with
this act are hereby abrogated.
Vichy, July 11, 1940
PH. PETAIN
CONSTITUTIONAL ACT NO. 7, JANUARY 27, 1941
We, Marshal of France, Chief of the French State, in
consideration of the constitutional law of July 10, 1940,
Decree:
ARTICLE 1. The state secretaries, high dignitaries,
and high officials of the state shall take oath before the Chief of
the State. They shall swear allegiance to his person and engage themselves
to perform their duties for the welfare of the state in accordance with
rules of honor and of probity.
ARTICLE 2. The state secretaries, high dignitaries
and high officials of the state shall be personally responsible to the
Chief of State. This responsibility shall apply to their person and
their property.
ARTICLE 3. In case any one of the above-mentioned group
should prove unfaithful to his obligations, the Chief of State, after
instituting an inquiry by means of a procedure upon which he shall decide,
may require payment of reparation and fines, and may temporarily or
definitively apply the following penalties: loss of political rights;
surveillance of residence in France or in the Colonies; administrative
internment; detention in a fortress.
ARTICLE 4. The imposition of penalties by virtue of
the preceding article shall not prevent the prosecution under normal
judicial procedure, of crimes or offense which may have been committed
by the same persons.
ARTICLE 5. Articles 3 and 4 of the present act shall
apply to former ministers, high dignitaries, and high officials who
have exercised their duties within the past ten years.
Vichy, January 27, 1941
PH. PETAIN
See also: The
Vichy Regime