Is the government deliberately imposing such short deadlines on parliamentarians to examine the pension reform? The deputy La France insoumise Manon Aubry affirmed it Thursday, February 9 on Europe 1, considering that article 47-1 of the Constitution did not impose to end the debates after 50 days. “Article 47-1 is a minimum of 50 days but it can be more. Nothing prevents the government from having time for the debate”, she assured. She’s right. Explanations.
What article 47-1 of the Constitution says
The government had several options for making its pension reform, but it chose to go through an amending social security financing bill (PLFSSR). The examination of this type of bill is regulated by article 47-1 of the Constitution.
It gives precise rhythm to the first readings. The National Assembly has 20 days to examine the text. On the 21st day, the government seizes the Senate which must examine the bill in 15 days. If the reform is not adopted at the end of these 35 days, article 45 of the Constitution comes into play. A joint joint committee is then responsible for finding a compromise, which must then be approved by parliamentarians. If it is not or if the commission has not found a compromise, the two chambers examine the text again and the government can ask the Assembly to rule definitively.
All of this may take time, but article 47-1 opens a way out for the government. He specifies : “If Parliament has not decided within 50 days, the provisions of the draft can be implemented by ordinance.” It is on this sentence that Manon Aubry’s argument is based.
No maximum duration
All the subtlety lies in the verb “power”. From 50 days, the government can interrupt the debates and issue ordinances. It is a possibility, it is not an obligation, the examination of the pension reform could therefore as well continue beyond the deadline and therefore the deadline of March 26. But in fact, this is not the intention of the government, which wants to go quickly. This is what La France insoumise denounces.
Moreover, according to constitutionalists contacted by franceinfo, even the first reading in the National Assembly could be longer, beyond the 20 days yet well specified in the Constitution. The government could argue the “sincerity of the debates” and decide not to withdraw from the National Assembly after 20 days, as long as the Senate has at least 15 days to examine the text.
In reality, article 47-1 of the Constitution does not set a maximum total duration for the examination of a bill by parliamentarians. A constitutional expert also explained to franceinfo that it generally lasts just over 50 days, namely 51 or 52 days. At the end of the day, the government doesn’t necessarily issue prescriptions. The process could also very well end after 35 days or afterwards, by a vote of the parliamentarians.