“There will be an appeal” before the Constitutional Council against the use of article 38, announces the boss of the socialist senators

The elected representative of the North Patrick Kanner wishes to question the use of this article which makes it possible to accelerate the debates by the right, majority in the Senate.

“There will be a global appeal” before the Constitutional Council concerning the use of article 38 during the debates on the pension reform in the Senate, announcement on franceinfo Wednesday March 8 Patrick Kanner, the president of the socialist group in the upper house of Parliament. This article, which makes it possible to shorten the debates, was used for the first time by the right, the majority in the Senate, on the night of Tuesday 7 to Wednesday 8 March.

Since the revision of the regulations in 2015, no group of senators had yet used this article. Its application was voted on by a show of hands, despite the outcry of left-wing senators. “We had tabled a few thousand amendments”specifies the socialist senator. “We felt it was useful to have this debate.” Yet, by using Article 38 to speed up discussions, “the senatorial right has decided to obstruct the ability for its opposition to be able to speak”ironically the former Minister of the City, Youth and Sports.

End of debates in the Senate this Sunday

“The right says we are ‘obstructing'”protests Patrick Kanner. “But we are doing our job! The French deserved better than a truncated debate. Unfortunately, they had a truncated debate in the National Assembly. Well, for this second part of the text, they risk having it also in the Senate, but because of the right”believes the elected representative of the North. The debates on the pension reform in the Senate must end on Sunday March 12 at midnight.

According to Patrick Kanner, the Constitutional Council had warned about the application of this article. “The Constitutional Council says: ‘You can limit the speaking time of your opposition, but the sincerity and clarity of the debates must still be ensured by the ability for the opposition to express itself.’ the first time this article is used, we will see what the Council will say, because it is important that it can tell us whether the procedure that has been used is really in conformity with the Constitution”, he adds .

“When we are in Parliament, we are there to defend our fellow citizens first.”

Patrick Kanner

on franceinfo

The senator therefore intends to file this appeal “before the promulgation of the pension reform in the Official Journal” or, according to Patrick Kanner, “at the end of March”. Before this recourse, the joint committee between seven senators and seven deputies must agree on a text, which will make the shuttle between the National Assembly and the Senate.


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