This second day of strike and mobilization against the pension reform has once again shown that the French and the French are far from being in favor of it. A week ago, a survey of the Elabe Institute for BFMTV claimed that “72% of French people reject the pension reform project”. Of these, 40% say they are “very opposed” to the unveiled plan.
So it’s not just an opposition fad. In this sense, a hundred deputies of the Nupes filed, on January 24, a request for a referendum on the pension reform project. Same request on the side of the National Rally.
If the request must be debated by the Assembly on February 6, the spokesman of the government Olivier Véran, declared on January 22 that the referendums “are not made to ask the question of an economic policy”. Implying that it would not be possible. What is it really ? 20 minutes make the point.
FAKE OFF
“It never happened. If it never happened, it’s because there’s a good reason for it. Referendums are not made for that. Referendums are not designed to ask the question of an economic policy that can be conducted through a classic bill,” precisely said Olivier Véran on the air of BFMTV.
The government spokesman is wrong. “There is no constitutional obstacle drawn from Article 11 which stands in the way of a referendum. The only obstacles are political,” says Guillaume Tusseau, professor of public law at Sciences Po.
Indeed, the request for a referendum motion is submitted to Article 11 of the 1958 Constitution. It is written there: “The President of the Republic, on a proposal from the Government during the duration of the sessions or on a joint proposal from the two assemblies, published in the Official Journal, may submit to referendum any bill relating to the organization of public powers. , on reforms relating to the economic or social policy of the nation and to the public services which contribute thereto, or tending to authorize the ratification of a treaty which, without being contrary to the Constitution, would have an impact on the functioning of the institutions. »
The reforms relating to economic policy are clearly mentioned, which are the terms taken up by Olivier Véran. It was the revision of August 4, 1995 that allowed the addition of this category of texts.
Dominique Rousseau, professor of constitutional law, explains to 20 minutes : “From a constitutional point of view it is quite possible to organize a referendum. But as the Constitution explains, it is on the proposal of the government that the President of the Republic can organize a referendum. On February 6 next, the deputies will therefore only request this referendum, but this “has no effect in law, only from a political point of view”. And to add: “It would be legally justified for the president to decide to organize it by saying to himself that it seems to be blocking in the country. Clearly, it is at the whim of Emmanuel Macron.
There is still a way for the opposition to impose the referendum. For that, it would be necessary that a fifth of the members of the Parliament, therefore National Assembly and Senate, sign the request. Then, this request must receive the support of one tenth of the voters registered on the electoral lists. “They did it against the privatization of Paris airports, but they did not obtain the support of enough voters”, specifies Dominique Rousseau.