The Constitutional Council validated, on Thursday, December 14, most of the bill on full employment, but expressed reservations and censored provisions authorizing the sharing of information within the France Travail network. The institution had been contacted by left-wing deputies on this text adopted in mid-November by Parliament. The obligation of at least fifteen hours of weekly activities for beneficiaries of active solidarity income (RSA) was particularly targeted by left-wing elected officials.
In a communicatedthe Constitutional Council explains that it has reservations, in particular on the fact that this duration “must be adapted to the personal and family situation of the person concerned”but that the grievances on the constitutionality “must be ruled out”.
Concerning the system of sanctions applicable to job seekers in the event of failure to fulfill their obligations, also contested, the members of the Constitutional Council consider that the provisions “do not disregard the principles of legality”but they invite the regulatory power to “ensure compliance with the principle of proportionality of penalties”.
Censorship on information sharing
The Constitutional Council, on the other hand, censored provisions authorizing the legal entities constituting the employment network to share certain information with each other.
Listing the legal entities authorized to share this data within the network (State, regions, local missions but also public or private placement organizations, etc.), the Council notes that the legislator “allowed personal data, including medical data, to be communicated to a very large number of people”without “that no guarantee governs these transmissions of information”.
The constitutionnal Council “infers from all of the above that these provisions disproportionately infringe on the right to respect for private life and therefore declares them contrary to the Constitution”.
This text on full employment sets the target of an unemployment rate of 5% by 2027, to be achieved through increased support for people furthest from employment.