What is the 49.3 used for pension reform by Elisabeth Borne?

While the streets are always full and people’s anger rumbles, Prime Minister Elisabeth Borne announced on Thursday 16 March 2023, in front of the Assembly, that she would use 49.3 to get the pension reform project adopted, without a vote, which raising the statutory retirement age to 64 years. What is Section 49.3? Why is this decision considered undemocratic? Can MPs refuse to use it? Explanations.

What is 49.3?

In the absence of an absolute majority in the National Assembly, the government can choose to pass by force using Article 49.3 of the Constitution.

The official Vie publique website defines it as follows:

In the context of the consideration of a bill in public session in the National Assembly, Article 49 paragraph 3 (49.3) of the Constitution may allow the adoption of a law without a vote.

Article 49, paragraph 3, of the Constitution allows the President of the Council of Ministers, following a resolution by the Council of Ministers, to engage the Government’s responsibility for the vote on a controversial bill. These are finance bills, social security financing bills, or any other bill or bill under discussion in the National Assembly.

What are the consequences of using Article 49.3?

The choice to use it immediately suspends the debate of the deputies and causes the text to be considered adopted ex officio, unless a motion of censure is filed within 24 hours, under certain conditions.

Conceived as an exceptional measure, 49.3’s primary vocation is to offer a way out in the event of a parliamentary stalemate. In practice, it is often indicative of a government failure to win the support of MPs, as explained THE World :

49.3 is used when debates get bogged down in the National Assembly or when the government wants to pass a law urgently. It is often an admission of weakness towards Parliament and a tool to affirm the primacy of the executive.

“What is Section 49.3? » The Decoders, May 10, 2016

How many times can Article 49.3 be used?

Since the constitutional revision of 23 July 2008, 49.3 can only be used once per parliamentary session, on a text. This limit does not apply to finance bills or social security financing, for which the State can appeal as many times as it wants 49.3. Also, there is no limit on usage by mandate or by government e 49.3 can be used multiple times on the same bill in different parliamentary sessions.

Since 1958, Article 49 paragraph 3 has been triggered 100 times : 33 times from the right, 56 times from the left and 11 times by current Prime Minister Elisabeth Borne. The record is held by the socialist Michel Rocard, who used it 28 timeswhile its use was not yet regulated by the 2008 revision.

Can a motion of censure override the use of 49.3?

The National Assembly has 24 hours to table a motion of censure. Its filing requires the signature of one tenth of the members of the Assembly (a deputy can in this case sign as many as he wishes during a sitting). It is then debated and voted upon 48 hours after its presentation. The motion of censure must obtain an absolute majority, so it collects 289 votes to be adopted.

If adopted, it entails the resignation of the Government and the rejection of the text for which it had assumed its responsibility.

To date, the opposition presented 59 motions of censurebut these were never adopted.

As detailed by our colleagues at Worldif no motion of censure is tabled or if it fails to obtain an absolute majority,” the law is adopted in the first reading and continues its legislative process in the Senate. It then returns to the National Assembly for a second reading, during which the government can activate 49.3 again if it wishes, under the same conditions. “.