A new “method” to legislate? In an interview with Agence France-Presse on Sunday March 26, Prime Minister Elisabeth Borne said she no longer wanted to use Article 49.3 “outside financial texts”. A commitment that comes ten days after the controversial use of this article of the Constitution to have the pension reform adopted.
However, as the Prime Minister recalled, “there has been recourse to 49.3 on three texts only” since her arrival at Matignon in June. And these three texts are precisely… budgetary texts, for which it has made use eleven times of Article 49.3 of the Constitution:
Since the constitutional revision of 2008, the use of 49.3 is limited to a single text of law per parliamentary session (from October to June for the ordinary session). With the exception of budgetary texts, for which its use is not restricted. Thus, to vote on finance bills, social security financing bills or amending budgets, the government can use 49.3 as many times as it wishes.
However, the pension reform was included in a Social Security amending finance bill, rather than being the subject of an ordinary bill. This allowed the executive to speed up the legislative calendar by making use of 49.3, while saving this “wildcard” for other off-budget text, such as the highly sensitive upcoming immigration bill. A “joker” that the Prime Minister has therefore undertaken not to use.
Paragraph 3 of article 49 allows, for a government which does not have a majority, to “pass in force” and directly adopt a text of law. This is what Elisabeth Borne did on March 16 to get the pension reform adopted. When the head of government initiates this procedure, the deputies have the possibility of tabling a motion of censure within twenty-four hours. If it is supported by the majority of the deputies, the law is rejected and the government must submit its resignation. Two motions were rejected on the text of the retreats, one of which by nine votes, which led to the automatic adoption of the text on March 20.
