A necessary tip for some, a democratic scandal for others, the use of article 49.3 divides opinion and the political sphere. But to be outraged by it as well as to approve of it, we still need to understand this system. Rest assured, Once Upon an Ad is not going to give you a lesson in constitutional law! We are simply offering you a summary point on this mechanism. And this is to allow you to form your own opinion. SO for or against the use of article 49.3? Find out how it works and what such a measure can entail.
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Article 49.3: what are we talking about?
Let’s talk little, talk well. In France, the organization of powers, but also the rights and duties of citizens are detailed in the Constitution. Today, when we refer to this text, we are talking about the version adopted in 1958. This corpus frames the functioning of the Fifth Republic. Secularism, parity, equality, universal voting rights… all these aspects of our political life are the subject of numerous, very clear articles. And this is to guarantee an exercise of power that respects the major principles of the Republic. The government must therefore have the agreement of the National Assembly and the Senate to adopt new laws.. However, in the event of disagreement, the executive has a major advantage: article 49.3 of the Constitution.
“The Prime Minister may, after deliberation by the Council of Ministers, hold the Government accountable before the National Assembly for the vote on a finance or social security financing bill. In this case, this project is considered adopted, unless a motion of censure, filed within the following twenty-four hours, is voted on under the conditions provided for in the preceding paragraph. The Prime Minister may, in addition, use this procedure for another project or a bill per session. »
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Concretely, what does that mean?
Of course, at this point, some explanations may be necessary to fully understand this mechanism :
- Article 49.3 allows the government to do without the vote of the deputies of the National Assembly. This solution can be useful for pass a law quickly. By limiting debates and amendments from parliamentarians.
- But, as the text of the Constitution specifies, when the Prime Minister uses this card, he engages his responsibility. Clearly, if the deputies can refuse the adoption of the text by 49.3. However, if they opt for this solution (by filing a motion of censure), it amounts to overthrowing the government.
You will have understood, article 49.3, looks like a poker move on the part of the government. By using this method, the executive leaves the choice to parliamentarians:
- Either, they put aside their protests by adopting the text without discussion.
- Either, they refuse the adoption of this text. But by doing this they mean that the executive no longer has the confidence of deputies. Thus, the government can be overthrown if the elected representatives of the National Assembly adopt, by an absolute majority, a motion of censure.
Overthrow of the government or dissolution of the Assembly?
Throughout the history of the Fifth Republic (since 1958), MPs have managed to pass a motion of censure only once. However, it is about one of the only means of pressure available to the National Assembly to stand up to the government. But this solution rarely succeeds, for several reasons:
- The motion must be the subject ofan absolute majority vote. It is therefore necessary that at least half of the elected officials (+1) vote in favor of this appeal. However, today, we have 577 deputies in office. It is therefore necessary that 289 of them agree for this technique to work. But, you know, between the RN, the Republicans, and the NUPES, we cannot really speak of great love. Which makes a joint vote very difficult.
- If the motion of censure succeeds, and the parliamentarians manage to overthrow the government, the problems do not end there. Indeed, the new executive power could decide to dissolve the National Assembly. It will then be necessary organize new elections to designate parliamentarians. Which means that by voting for the motion of censure, certain elected officials have a chance of losing their seat in the hemicycle. At this point, you are probably beginning to understand why some people are reluctant to vote for such a motion.
At the same time, article 49.3 has been used 90 times since 1958. And, if this device is increasingly annoying, it is because the executive power has tended to use it much more in recent years. years…
Michel Rocard: the champion of article 49.3
Between 1988 and 1991, France had François Mitterrand as President of the Republic, and a certain Michel Rocard as Prime Minister. And, in terms of 49.3, we can say that the latter broke recordsduring the three years he spent at the head of government.
Thus, during his mandate, he used article 49.3 28 times! Including 13, during a single parliamentary session. A performance that is enough to leave you dreaming. According to this politician, this solution became essential.
« Despite the richness of the exchanges to which this debate gave rise, reasons, which are probably not entirely linked to the audiovisual sector, led various groups to adopt a position of refusal. And here they are, converging. So I intend for everyone to take their responsibilities, starting with me, mine. »
Why does Élisabeth Borne take the same path?
In our time, the government finds itself in a situation similar to that of the executive power in the years 1988 to 1991. Clearly, Emmanuel Macron managed to get elected to power. However, during the last legislative elections, the candidates of his party (Renaissance) were only able to obtain 245 seats in the National Assembly. Except that the absolute majority requires 259 elected officials…
Result ? In the hemicycle, the executive power has difficulty imposing its decisions facing right-wing deputies, the RN or the NUPES. Under these conditions, we understand better why the Prime Minister ultimately turns to article 49.3 to govern. So, while Emmanuel Macron appointed her, as of May 2022, she has already used this trick 9 times.
Four years after the yellow vest crisis, two years after the start of the pandemic, households are facing terrible inflation. Also, this habit has a lot of difficulty getting across in the eyes of the population. After two months of relatively peaceful mobilization, the left and the unions do not hide their indignation. Also, for 2 days, the situation becomes explosive, place de la concorde. Some demonstrators even ended up damaging street furniture, under attack from the police. To be continued…