Pension reform: legal uncertainties on implementation

The fact of considering transforming pension plans through amendments to the social security financing bill, as Macron announced, is not unanimous.

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Disputed from the start for substantive reasons, the pension reform wanted by Emmanuel Macron also feeds the controversy on procedural issues. The executive recently admitted that he did not exclude the possibility of presenting his measures thanks to amendments to the Social Security financing bill (PLFSS) for 2023. A criticized option, in particular by oppositions right and left, because it would deprive the parliament of a thorough debate on a major file.

The fact of considering a transformation of pension plans by means of amendments to the budget of the “security” “poses serious difficulties in terms of the democratic process”, confides Boris Vallaud, the president of the socialist group to The national assembly. In this situation, he observes, “the Council of State would not be consulted on the provisions concerned” upstream of the first reading at the Palais-Bourbon, which must begin, in principle, on October 20. In addition, “there would be no impact study”.

For the deputy of the Landes, such an operating mode would lead the national representation “to pronounce without having an idea of ​​the extent of the changes which would be voted”. “This is similar to a coup,” he is indignant. The President of the Republic and the government tell us that they are now listening, but in reality, they work as under the previous legislature , in verticality. “

In the name of the same arguments, the hypothesis of a reform by means of amendments to the bill for the financing of Social Security 2023 is deemed “brutal and not very democratic” by Bruno Retailleau, the leader of the senators Les Républicains (LR). Declarations that resonate with those of François Bayrou. In an interview with Parisian Dated Sunday September 18, the president of the modem-one of the parties of The majority – affirms that the project of the Head of State in matters of pension plans “cannot be done at the bend of an amendment”.

“Social Cavaliers”

The idea of ​​legislating this is also subject to the terms of technical feasibility. “I am not sure that a PLFSS will allow a complete reform of pensions, like that defends by the Head of State,” said Retailleau. The LR Senator of Vendée doubts, in particular, that we can, through the budget of the “Society”, “proceed to the extinction of special regimes”, as Mr. Macron was committed to it during his campaign: ” It seems to me that it would take an ad hoc text for that. “

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/Media reports.