From Monday, parliamentarians began to examine the 2023 budget presented by the government. Although the left, the extreme right and the right have not hidden their intention to vote against this text of the law, the executive should be obliged to approve it by force by resorting to article 49.3 of the Constitution.
BFMTV.com makes a balance of what it means to take advantage of this key point in the parliamentary life of the Fifth Republic.
⋅ What is 49.3 used for?
This article of the Constitution allows the government to approve a bill or the proposal of a private member without submitting to a vote of the deputies. Its use entails the immediate suspension of debates in the National Assembly. The text then goes to the Senate, whose right-wing majority can try to weigh in by voting on its amendments.
In the case of 49.3, only one procedure can frustrate the executive: the motion of censure. It allows rejecting the adoption of the text and overthrowing the government. It must be submitted within 24 hours after the entry into force of this article and must obtain the signature of one tenth of the members of the lower house, that is, 58 deputies. For it to be adopted later, it is necessary to gather the votes of the majority of the deputies of the National Assembly, that is, 289.
Despite the only relative majority in power of the presidential field, it is still very complicated. Within the framework of the review of the 2023 budget, the deputies of the New Popular Ecological and Social Union (Nupes), the National Association (RN) and the Les Républicains (LR) party must vote “in favor” of the motion of censure . However, only rebels and RN elected officials said they were willing to vote for these provisions, “whatever their origin.”
⋅ In what context can the government use 49.3?
In some cases, the executive can resort to forced approval to move quickly in the adoption of a law and dispense with debates in the National Assembly. In the current legislature, where the presidential field has only a relative majority, the use of 49.3 allows, above all, not to risk the non-approval of a law text. The Prime Minister by relative majority between 1988 and 1991, Michel Rocard, had used this 49.3 28 times, a record in the history of the Fifth Republic.
However, we should not expect such a situation during the mandate of Emmanuel Macron. Indeed, since the constitutional reform of July 23, 2008, the use of 49.3 is restricted. It can only be used once per parliamentary session (the current session is due to end next June, editor’s note), in addition to Finance Bills (PLF) or Social Security Financing Bills (PLFSS).
In other words, the government can, for example, decide to use 49.3 in both the budget and the pension reform, which Emmanuel Macron wants to adopt in early 2023.
⋅ Why is the government tempted to use it in the budget?
So far, the executive has managed to get its bills passed without too much difficulty, thanks in particular to LR votes. However, the difficulties are quite different for the 2023 budget. The main opposition parties intend to vote against this bill. From the left we criticize the austerity of the executive, while the right considers, on the contrary, that there are too many expenses foreseen in this text.
“We will vote against the budget, a marker of a policy that we oppose,” also indicated Marine Le Pen, leader of the deputies of the National Association (RN) in the Bourbon palace.
The context is not new. Already in summer, the government put on the table the hypothesis of a 49.3. Even if the rebels asked the executive on Monday not to follow that strategy, the use of forced passage is not in doubt.
⋅ What risks would the executive take?
The unknown is more about time. With different risks each time. First scenario: the government quickly takes out 49.3. Within Renaissance, some elected officials are pushing in this direction. This is the case, for example, of Guillaume Kasbarian, president (Renaissance) of the Economic Affairs Committee.
This election would be all the more relevant, he explains to BFMTV, since “since the end of August, the speech of the opposition is to vote against”.
“We know what is going to happen,” insists the deputy from Eure-et-Loir. And to the question, “What’s the point of the show when you already know the ending?”
However, this strategy could give the opposition pause while Emmanuel Macron wants to apply a “new method”, relying more on the consultation. In addition, the social context is on fire. TotalEnergies and Esso-ExxonMobil workers have been on strike for several days to demand a pay rise; The different components of the Nupes co-organize this Sunday a march against the high cost of living.
If this option is not followed, the government could choose to conduct the debates as long as possible before drawing 49.3. This would allow him to show that he went to great lengths to go ahead with the trades and thus blame the opposition. On the other hand, this route would lead to a later implementation of the measures foreseen in the budget.
Source: BFM TV
