why the use of 49.3 is only the first of a long series

It was the first and certainly not the last. The Prime Minister, Elisabeth Borne, went up to the podium of the National Assembly, Wednesday, October 19, to announce the use of article 49.3 of the Constitution on the first part of the finance bill (PLF) for 2023. “Two observations are essential: on the sixth day of the debate, a good number of amendments are still to be examined. (…) Then, and above all, the oppositions have all reaffirmed their desire to reject the text”, justified the head of government in front of the deputies.

>> Follow the reactions after the use of 49.3 on the 2023 budget

At the Perchoir, the Renaissance president of the National Assembly, Yaël Braun-Pivet, declared that the national representation took note of this decision, which led de facto “the suspension of the debates”. The text is now considered adopted, unless a motion of censure is tabled within 24 hours. This is precisely the choice made by Nupes, which has already submitted its text. The National Rally announced that it would do the same on Thursday. But neither of the two political formations will vote for the text of the other, while the Republicans refuse to“add chaos to chaos” by voting a motion of censure. The first part of the budget will therefore most certainly be adopted at first reading via the procedure of 49.3.

This constitutional tool, limited to budgetary texts and to one text per parliamentary session since the constitutional revision of 2008, is essential for the government in times of relative majority to have its texts adopted. And the executive, like the majority, is already making it known that they reserve the right to use it again in the coming days. Already on budget. If 49.3 is used for each part of the PLF, the government will use it five times in total: for the first and second parts, then again twice for the second reading and a last time for the solemn vote.

Another budget text that could be the subject of a 49.3: the Social Security financing bill (PLFSS) for 2023, the examination of which began Thursday in public session. The Council of Ministers authorized the use of 49.3 on Wednesday, which could therefore be activated before the weekend for the revenue component. The text comprises four parts, again with a first and then a second reading, which could cause many 49.3s. “I do not know”recognizes a member of the majority of the Committee on Social Affairs in the Assembly.

Finally, there will be the thorny question of pension reform which could again be the subject of a 49.3. The option of an amending finance bill (PLFSSR) is favored by some members of the majority, because it would not burn the joker of 49.3 per session, unlike an independent bill.


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