Since the start of the parliamentary term, Elisabeth Borne has accustomed us to 49.3. Perhaps she will again draw the device to pass the pension reform so dear to the government? The Prime Minister is thus passing, without a vote, all the texts of the presidential majority, and has so far engaged the responsibility of her government on ten occasions.
And for some Internet users, it is “unconstitutional”. “The government passed ten 49.3 when it should have been censored by the Constitutional Council! Le@Conseil_constit violated the Constitution! “, even advanced Florian Philippot, president of the Patriots, in the program les incorrectibles.
“The Constitutional Council is corrupt,” notes a user by sharing the video. “Violation of the Constitution! How can we ordinary citizens denounce this and ask for a review of this decision? ! asks another. For some, that would even mean that she could no longer use it, “not even to pass the pension reform”. What is it really ? 20 minutes tells you all about the use of 49.3.
FAKE OFF
It is only since 2008 that the use of 49.3 is limited. “Before, there was no such regulation, which is why Michel Rocard was able to use it 28 times”, notes Guillaume Tusseau, professor of law at Sciences po. But the new framework, applied for 15 years now, does not set its use at a maximum of 10 times, contrary to what Florian Philippot and Internet users claim.
In reality, the constitution authorizes “unlimited use for financial texts and only one 49.3 per session on other bills or bills”, explains Xavier Vandendriessche, professor of constitutional law at the University of Lille. The ten uses made by Elisabeth Borne were all for financial texts : the Finance Bill (PLF) and the Social Security Finance Bill (PLFSS).
“This is the reason why it was planned to slip the pension reform into the PLFSS”, specifies the professor of constitutional law. An approach that would have ensured the government the adoption of its text. If in the end the government cannot count on the support of the Republicans to pass the pension reform, it will be faced with a dilemma: adopt this text at all costs using 49.3, or keep 49.3 for a future bill? This reform seems close to Emmanuel Macron’s heart, so it’s a safe bet that it will be adopted, whatever the cost.
Guillaume Tusseau specifies all the same: “The 49.3 can be used for each reading of a text: first at the assembly in 1st reading, 2nd reading, then 3rd. So three 49.3 for the same text. »
As a reminder, if the Prime Minister decides to resort to it, his decision entails the immediate suspension of the discussion of the bill. The text is considered adopted, without being put to the vote, unless a motion of censure is tabled within 24 hours. But here again, a slew of conditions must be met. This motion can only be adopted if, and only if, it is adopted by the majority of the members who make up the Assembly, and not only those present. Abstentions are considered in favor of the government.