The Government plans to pass the essentials of the reform through a social security financing bill – which would allow it to resort if necessary at 49.3 -, before the presentation of a Second bill to have other measures adopted, in particular those relating to the employment of seniors.
by Thibaud Métais and Bertrand Bissuel
Criticized for substantive reasons, the pension reform also raises many questions in terms of the method. While its presentation has been postponed to January 10, 2023, the government suggests now that it could pass the measures through a social security financing bill (PLFRS). An option criticized by left -wing elected officials because it is likely, according to them, to lead to a debate retracted in Parliament.
During a press conference given on December 15, the Minister of Labor, Olivier Dussopt, acknowledged that the use of the PLFRSS constituted “a track [they]”, while indicating, in Substance, that the “quality” of the “legislative vector” was not yet officially defined. The fact remains that it is the scenario favored by the advisers of the executive and by elected officials of the majority, when questioned on this subject. The idea of using a “security” budget project – whether initial or connective – is not new. She had, in particular, spurred at the end of the summer, when Emmanuel Macron suddenly replaced the pension file in the foreground and maintained the hypothesis of a reform introduced by amendments to the bill of financing for Social Security (PLFSS) 2023. Solution finally dismissed after a strong controversy, the power in place being then reproached for being “not very democratic”.
Today, the government plans to legislate through a PLFSS – not initial but correction – because such a procedure is very convenient for it. First, it limits “the duration of the legislative debate, the examination of the text to be carried out – like what prevails for a” simple “PLFSS – within fifty days between the deposit of it On the office of the National Assembly and the final adoption by Parliament, a period beyond which the project can be taken by government order, “says Michel Borgetto, emeritus professor of the University of Paris-Panthéon-Assas.
Second advantage: like any financial text, the PLFSS can go to Parliament with the help of article 49.3 of the Constitution – which allows an adoption without vote – while leaving the possibility for the executive to resort to This provision for another bill, during the same session. Preserving this “cartridge” is precious for the government, the latter having only a majority relating to the National Assembly and being, consequently, exposed to the risk of seeing its rejected reforms.
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