Debates around the finance bill resumed on Monday, October 17 in the National Assembly. However, these could be quickly shortened by the government: the question is no longer “if”, but “when” the government will draw article 49.3 of the Constitution to allow the executive to pass the first part of its bill without a vote, unless a motion of no confidence is adopted. The use of 49.3 is often strongly criticized because of its draconian character.
“With a 49.3, you make your own majority swallow snakes”estimates Benjamin Morel, lecturer in public law at Paris II, guest of the Talk of franceinfo on Twitch, Monday October 17. “Look, there are amendments that have passed that came from the MoDem”he continues, taking the example of the amendment which provided for an increase in the “flat tax” to 35% for certain shareholder income, and which, according to Bruno Le Maire, will not be retained in the finance bill 2023. “If tomorrow, you remove this amendment, at that time you are swallowing snakes at your majorityexplains the lecturer. And when you swallow too many snakes, you get heartburn. But we will have to manage this majority for five years.
“If ever, through the blows of 49.3, you create tensions within your own majority, you risk having a majority not only relative but also divided, and that is the real danger.”
Benjamin Morel, Lecturer in Public Law at Paris IIat franceinfo
“The reality is that in Parliament today the opposition has almost zero chance of getting an amendment through.agrees Gaspard Gantzer, former communications adviser to President François Hollande, founder of Gantzer Agency. It’s sad to say, but we don’t have a collaborative tradition at all in politics in which we can accept amendments from the opposition, it’s really rare.” On the other hand, when the deputies are in the majority, their chances of having their texts passed are greater. “because the executive needs you”. But when the government decides to use 49.3, the deputies of the majority “find themselves again in an opposition of submission to the executive, and they have no choice but to accept in blank check what the executive has proposed.”
“If ever your deputies start feeling vagueexplains Benjamin Morel, if they decide that finally, on the day of the pension reform, they have aqua-pony and that voting is not quite their priority, then you lose on the amendments, on the proposals and drafts law, and it becomes very, very difficult to manage.”
For the public law lecturer, you must “pamper” the majority when you are in government. “If you don’t ever pamper them, you’ll miss them when you need them.he continues. With 49.3, you take the risk of rushing groups that already have divergent interests, of rushing your deputies who would like to be heard and at least have the paternity of your amendments, even if, in the end, you integrate them into your project. of law. In this, 49.3 is not necessarily always good policy.