A mere mention of this article of the Constitution is enough to trigger fiery debates in the political class. Used by the Prime Minister, Elisabeth Borne, Wednesday, October 19, to put an end to the debates on the first part of the 2023 finance bill, 49.3 has been used many times by its predecessors. This decried constitutional provision, which allows a bill to be adopted without a vote, if no motion of censure is voted by the deputies against the government by the National Assembly, is nonetheless popular among the heads of government. who succeeded each other at Matignon.
In the absence of an absolute majority in Parliament, the socialist Michel Rocard (1988-1991) engaged his responsibility 28 times via article 49.3 at the start of François Mitterrand’s second seven-year term. Fifteen texts have thus been adopted, in particular the law creating the Superior council of audio-visual (CSA), the reform of the statute of the Régie Renault and the law of military programming 1990-1993.
As for Edith Cresson (1991-1992), she made use of 49.3 eight times to force through four bills, including the 1992 budget and the creation of the Medicines Agency. On the right, there are also eight uses of this provision for Jacques Chirac in two years at Matignon (1986-1988), and in the center, for Raymond Barre (1976-1981). Then comes Pierre Mauroy, with seven appeals to 49.3, between 1981 and 1984.
Manuel Valls (2014-2017) and Georges Pompidou (1962-1968) both recorded six uses of the 49.3. In 2015, the Prime Minister of François Hollande used it in particular to pass the bill of Emmanuel Macron, then Minister of the Economy, “for growth and activity”, which notably provided for a controversial extension of opening of shops on Sundays.
The first use of 49.3 goes back to the father of the Constitution of the Fifth Republic, Michel Debré, in 1959. He used this provision four times, like Laurent Fabius (1984-1986). Pierre Bérégovoy (1992-1993) used it three times, against twice for Jean-Pierre Raffarin (2002-2005) and Alain Juppé (1995-1997). Finally, Edouard Philippe (2017-2020), Dominique de Villepin (2005-2007) and Edouard Balladur (1993-1995) were only tempted once by the controversial article.
During the Fifth Republic, only six Prime Ministers never used it: Maurice Couve de Murville (1968-1969), Jacques Chaban-Delmas
(1969-1972), Pierre Messmer (1972-1974), Jean-Marc Ayrault (2012-2014), François Fillon (2007-2012) and Lionel Jospin (1997-2002).