All eyes will be on him on Friday, April 14th. The Constitutional Council must take its decisions on reforming the pension system. There are three scenarios on the table, from the possible rejection of some measures to complete censorship, passing through the first step towards a referendum.
Potential partial oversight
Both reform advocates and opponents expect some measures to fall by the wayside. Among the proposals at stake: a senior index, which would require large companies to declare their employees over 55, but could pose a legislative racer. However, the indication must be disclosed in a future bill. The experience of the new CDI at the end of his career is also threatened.
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Partial oversight might be a lesser evil for the executive branch, which could argue that the heart of the reactor, postponing the legal age to 64, has been checked.
Pensions: “It is possible that the Constitutional Council will partially censor the text”
‘The Council is moving in the direction it has always been’to know “Failure to confront major social or societal reforms”So thinks Laureline Fontaine, professor of constitutional law and author of The Offending Constitution (Amsterdam).
If there is control over the points […] But not 64-year-olds, so that would in no way respond to social conflict.”CFDT Secretary General Laurent Berger warned. Elected officials from the left announced that they would continue to demand the withdrawal of reform.
On paper, full passage of the bill, without any oversight, is also possible, but unlikely according to several of the constitutional experts interviewed.
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• Rotary full control
Opponents of the text demand this, and in particular demand the transformation of the executive authority in the spirit of the constitution. To pass the reform, he used a revised budget from the Secu, which limited the duration of parliamentary debates.
to choose “It is only motivated by expediency.”rebuked the PS’ deputy Jerome Koge, who also mentioned the debates “Unfaithful”in particular with regard to the revaluation of small pensions.
“The Constitutional Council has often been very satisfied with the political majority”
Elena Lemaire, a professor of public law at the University of Burgundy, endorses some of the arguments, but remains cautious about dismissing it “transformation” Action: The council must somehow go and examine the conscience of the government, which it has always refused to do. »
“It is not because the procedure is unusual that it should be censored.”His constitutional part is believed by Didier Moss. It increases potential ‘Constitutional pitfalls’ : If the wise consider that the reform worsens the position of women or some long careers and that there is “tie breaker”. This can lead to significant scissors in sections of the bill.
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The hypothesis of the strong action of the Elders remains. In 1971, they significantly expanded their field of action by positioning themselves as guarantors of fundamental freedoms. But half a century later, some lawyers still accuse them of obedience to the executive.
“There could be an opportunity again for an institutional coup, by positioning himself as the guardian of the constitution in opposition to the executive.”Step forward, Elena Lemaire, cautiously.
• Fix + RIP approved: the ball is in the middle
The wise men could strike a double whammy: not censor the core of the reform and pass the left’s Joint Initiative (RIP) referendum. The initiators want to submit a bill to a national consultation so that the retirement age does not exceed 62 years.
It appears that the required conditions are met (parliamentary signatures, scope of the proposal, etc.), and the green light for RIP is ” Possible “Lauréline Fontaine. But for Jean-Eric Chouetel, former Secretary General of the Constitutional Council, and Jean-Pierre Campe, associate professor at the University of Paris-Saclay, the contradiction can be too strong. In “Le Figaro”, they warn: the initiation command of the tooth that “Irreparable after the age of 62” could “to constrain future law” And make the wise men flinch.
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Pensions: recourse, RIP… Why pension reform can fail
Even with validation, it’s still a long way to go. The proposal must collect 4.8 million citizen signatures in nine months, and not be scrutinized for the next six months by the National Assembly and the Senate to be put to referendum.
It remains to be seen what Emmanuel Macron will decide if this possibility crystallizes on the evening of April 14th. Some on the left call him to emulate the former President of the Republic, Jacques Chirac, who issued the CPE (the first employment contract), but never implemented it, and who fights in the street.
