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The RN hopes to deprive the executive of a new 49.3 and refers the matter to the Constitutional Council

Does the executive still have the right to use Article 49.3 before the end of the parliamentary session in June 2024? The Constitutional Council should be required to rule on this very political subject soon. The National Rally (RN) group in fact contacted it, Thursday, November 16, on the public finance programming law 2023-2027, which sets the budgetary trajectory for the next four years, and has just been adopted on Wednesday, November 15 after that the government has activated article 49.3 of the Constitution, which allows a text to be passed without a vote.

The Constitution authorizes the government to use article 49.3 only once per parliamentary session, except for budgetary texts, such as finance laws, for which recourse is unlimited. The programming laws, which are intended for the European Commission, are however not considered as budgetary texts, but as ordinary laws. If the executive uses article 49.3 to have them adopted, it deprives itself of this tool for the rest of the session. This is the reason why Bercy, anticipating a rejection of the text by the oppositions, chose to convene an extraordinary session for this purpose on September 25. A first 49.3 was used on September 27, in an extraordinary session then, with the text moving back and forth between the two Chambers, a second for the second reading, this time in an ordinary session on November 13.

Read also: With seventeen appeals in eighteen months, the Borne government trivializes article 49.3

If the constitutional judge considered that this second 49.3 deprived the government of the use of this tool for the remainder of the parliamentary session, the executive would find itself unable to pass its texts in the absence of an absolute majority until in the summer of 2024, for example its bill on immigration, expected from December 11 in the Hemicycle. A real handicap, even if the doctrine of the Prime Minister, Elisabeth Borne, is “to find majorities text by text”, she assured Monday November 6 on France Inter, and to reserve 49.3 for budgetary texts.

“We will not let them go”

The government considers for its part that the second 49.3 is a continuation of the first, and therefore does not affect its right of drawing in ordinary session. “ There is no continuity because we change the framewarns constitutionalist Dominique Rousseau. This is no longer the framework of the extraordinary session but that of the ordinary session. The government is therefore depriving itself of a new use of 49.3, outside of financial texts, in ordinary session. »

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