In a note that has remained confidential so far, the institution of the Palais-Royal has suggested removing certain provisions, including that on the “senior index”, on the grounds that their presence in a financial text is subject As for, in terms of constitutionality.
by Bertrand Bissuel
Does the pension reform contain provisions contrary to the Constitution? The question arose, long before the examination of the text in the National Assembly, which took place, during the session, from February 6 to 17. Until now, doubts were expressed by eminent political figures and academics. According to our information, the Council of State also questioned and even suggested the withdrawal of certain measures. The government has not followed it – which is perfectly entitled to do.
The problem is due to the fact that the reform is implemented through a social security financing bill (PLFRS) for 2023. This type of “vehicle” obeys strict rules. He must, in particular, have an impact on the revenues and expenses of the basic regimes of the “security” for the current exercise-that is to say 2023. Otherwise, the items that do not meet this condition may be seen as “riders” and be censored by the Constitutional Council.
Like any other legislative text, the PLFRS has been transmitted to the Council of State, in order to ensure its solidity on the legal level. The referral intervened in the evening of January 10. The institution, which sits at the Palais-Royal, did not make an opinion, contrary to what it does for an ordinary bill. On the other hand, it produced a “note”, just before the presentation of the reform before the Council of Ministers of January 23.
In this document of several pages, which has been confidential so far, the Council of State has formulated several warnings, one of which concerns a flagship measure: the index on the employment of seniors. This system intends to objectify the place of older employees in companies of at least 50 people through indicators that the bosses will be required to communicate. Those who dispense to disclose the requested information will be imposed on a financial penalty. The sanction applies in several stages according to the size of the companies – for example from the 1 er November 2023 for those with at least 1,000 employees.
Matignon assumes
The Council of State estimated that this measure has an overly indirect effect on the accounts of the “security” to be integrated into a PLFRSS. In other words, its financial dimension is not characterized enough for it to be housed in a text of a budgetary nature; It is more a mechanism relating to employment and therefore falling under an ordinary law. This is why the Council of State judged that it might be preferable to subtract from the text “the senior index”. Not subscribing to this analysis, the executive maintained the incriminated device.
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