The deputies of the National Rally (RN) filed an appeal before the Constitutional Council on Thursday, November 16, to request “total censorship” of the public finance programming bill 2023-2027, adopted Wednesday evening after recourse to article 49.3 of the Constitution.
The far-right group disputes that the announcement of 49.3 was entrusted to the Minister of Relations with Parliament, Franck Riester, on Monday at the National Assembly, during Elisabeth Borne’s trip to Ireland. He had read in the chamber a letter from the Prime Minister holding his government responsible, in order to pass the text without a vote. The RN believes that Franck Riester’s intervention would have required the publication of a “decree attributing the interim” to the “benefit” of the minister.
Marine Le Pen’s group also protests against the successive implementation of the 49.3 procedure on this text “on the occasion of an extraordinary session” at the end of September, then “during the ordinary session of Parliament”. The Constitutional Council has one month to rule.
Debate on the use of recourse 49.3
The public finance programming law for the period 2023-2027 was definitively adopted on Wednesday evening, after the rejection of a motion of censure from the left. This text expects a public deficit to be reduced to 2.7% of GDP in 2027, below the European objective of 3%. Several opposition groups have warned the government of a possible legal standoff to come.
The government can only use the constitutional tool of 49.3 once per parliamentary session, apart from its unlimited use authorized on the State and Social Security budgets.
Supported by legal opinions, the presidential camp believes that the 49.3 triggered on Monday does not deprive it of its only cartridge during the current session. Because it would be a continuation of the first triggering of this constitutional tool at the end of September, on this same programming law, during an extraordinary session. But opposition groups have warned that they will contest this argument if the government uses 49.3 again during the ordinary session, for example on the immigration bill, expected from December 11 in the hemicycle.
