For the opposition, it is now time for a careful examination of the possible remedies to invalidate the pension reform, adopted without a vote last Thursday after the use of 49.3 by the government. A way of proceeding that has sparked the ire of opponents of the executive who seek to counterattack. The Liot group (Independent Freedoms Overseas and Territories) was the first to draw a cross-partisan motion of censure before being imitated a few hours later by the National Rally. And is also considering another procedure which would consist of directly seizing the Constitutional Council. An appeal that Mathilde Panot, leader of the LFI deputies, also promised to seek at the beginning of next week.
The Council of State’s warning
The institution can indeed be seized by 60 deputies or senators within 15 days following the final adoption of a law. Normally, it has one month to issue its decision, but the government has the option of requesting an urgent review, which then reduces the period to eight days. On February 21, Point And The world revealed a note from the Council of State which sounded the alarm about a risk of unconstitutionality of certain provisions of the law.
Among the points raised by the highest administrative court, there was in particular the senior index which intends to encourage companies to keep employees in their workforce at the twilight of their career. The Council of State considers that this measure does not have the characteristics required to be integrated into a text, adopted via a draft law on the amending financing of Social Security (PLFSS). Clearly, this provision “will probably not influence the financing of Social Security for 2023”, indicates State Councilor Didier Maus to Franceinfo, and therefore has nothing to do with this pension reform. .
Debates too shortened by the executive?
Moreover, the Constitutional Council could pin down not the substance but the form used to have the law adopted. And thus consider that Parliament did not have the time to really debate. Beyond 49.3, the government has indeed requested article 47.1 in order to shorten the time of debates in the Assembly before triggering 44.3 in the Senate in order to force the upper house to decide by a single vote on a part , if not the entire bill. “There was not really a clear and sincere debate, but it is a constitutional requirement”, noted on Franceinfo Dominique Rousseau, professor of constitutional law.
Consequently, there are reasons to believe that the Constitutional Council will revoke part of this pension reform. This Sunday, Jean-Luc Mélenchon wanted to be very confident in the program Le Grand Jury of RTL, LCI and the Figaro. “The Constitutional Council will cancel the entire parliamentary procedure for pension reform. The Elders know that their role is to protect the institutions by enforcing them. They also take into account what is happening in the country”, declared the rebellious leader.