After 49.3, 47.1? For the first time in the history of the Fifth Republic, the Government could resort to this article of the Constitution so that its pension reform is approved more quickly. This provision limits the examination of a text in Parliament to 50 days. After this period, “the provisions may be implemented by ordinance”, specifies the Constitution.
“If the National Assembly has not ruled on the first reading within twenty days after the presentation of a bill, the Government seizes the Senate”, it can be read. A comfortable position for power while the Upper House, with a majority on the right, is in favor of a pension reform.
A “security” to guarantee the payment of social benefits
Clarification: Section 47.1 refers to Social Security funding bills. The government has chosen to go through a project for corrective financing of social security (PLFRSS) for the examination of its pension reform. However, 47.1 “generally applies to the Social Security financing project (PLFSS), that is, to the Secu’s annual budget that is traditionally discussed in the fall,” explains Matthieu Croissandeau on BFM TV.
Our political columnist continues: “we know that in the fall it is urgent to vote on this bill because if we do not vote on it before the end of the calendar year, social security cannot pay social benefits.” Therefore, 47.1 is a “security”, to guarantee the approval of the text.
However, for the current case, “it is not at all an emergency situation”, judge Matthieu Croissandeau. Why? Because “we are not necessarily in the framework of a social security budget, but of a pension reform that should have been the subject of a classic procedure”, that is, “a pension reform bill”.
The PLFRSS, a risky choice at a legal and political level
The choice of government can be legally risky. Evidenced by the words of Laurent Fabius reported by The chained duck. According to the newspaper, the current president of the Constitutional Council has warned: he could sanction measures that have nothing to do with the PLFRSS. Example: the index on the employment of older people that is not a measure of income and expenses.
Above all, the use of such an article “is politically risky”, according to Matthieu Croissandeau. “Where is the debate, where is the search for consensus, where is the famous consultation advocated by Élisabeth Borne if everything is done in a hurry?” He wonders.
The context is already burning for the presidential field, between the important mobilization of the inter-union last Thursday, the growing opposition of the majority of the French to their project at the polls or even the few dissonant voices within their own majority and in LR. , despite the favorable position of Eric Ciotti.
“Volume Up”
If it ever fails to muster an absolute majority in the National Assembly, the government could pull out 49.3, an article of the constitution that allows it to pass its text without a vote at the Palais Bourbon. It has used this provision 10 times since the start of the new legislature.
Since the PLFRSS is a budgetary text – 49.3 therefore it can be used in an unlimited way – the government would maintain the possibility of using the cleaver article in a non-budgetary text. This is allowed once per parliamentary session. The one that is currently taking place will end in June.
The opposition strongly criticized the government’s choice to go through a PLFRSS. guest of public senate This Tuesday, Olivier Faure denounced a “passage in force”, evoking a “legislative vehicle that allows the debate to give a damn”. The examination of the PLFRSS in the National Assembly, and therefore of the pension reform, will begin on February 6.
Source: BFM TV
