Pensions: the Constitutional Council validates the law but censures six provisions

Pensions the Constitutional Council validates the law but censures six

The Constitutional Council has decided. The Sages validated, Friday, April 14, the essence of the pension reform, raising the legal age of departure from 62 to 64 years. The nine members of the institution, however, censored part of the text – six provisions – including the “senior index”, which was to be compulsory from this year for companies with more than 1,000 employees, and the “senior CDI”, an addition by the right-wing senators that was to make it easier to hire long-term job seekers over the age of 60.

The Constitutional Council did not rule on the advisability of these measures, but judged that they had no place in a bill rectifying the finances of Social Security, because they would have little or no effect on budgetary revenue for the year. The Constitutional Council also challenged the proposed shared initiative referendum (RIP) launched by the left. A second request, filed later, must however be the subject of a new decision on May 3.

“No unrecognized constitutional requirement”

According to the Council, “no constitutional requirement has been disregarded” by the executive, whether in its recourse to an amending budget of Social Security to pass its reform or to the decried procedure of 49.3 in the Assembly. In their decision, the Elders acknowledged that “the combined use of the procedures carried out was of an unusual character”, but “did not have the effect of rendering the legislative procedure unconstitutional”. The court was responsible for verifying “compliance with the Constitution” and “not for deciding all the debates that the pension reform may raise”, insisted the Constitutional Council. The decisions of the Council, responsible for monitoring the conformity of laws with the Constitution, are not subject to any appeal.

The inter-union calls on Macron not to enact the reform

The first reactions to the decisions of the Constitutional Council were not long in coming. The inter-union thus “solemnly” asks the President of the Republic to “not promulgate the law”. Calling on employees to make May 1 “a day of exceptional and popular mobilization against pension reform and for social justice”, she “decides (until then) not to accept meetings with the executive”, says she know in a statement.

Marine Le Pen, leader of the deputies of the National Rally (RN), assured on Twitter that “the political fate of the pension reform is not sealed”, calling on voters to “prepare the alternation which will come back to this useless and unfair reform”.

Jean-Luc Melenchon also asserts that “the fight continues”. According to him, the decisions of the Constitutional Council show that the latter “is more attentive to the needs of the presidential monarchy than to those of the sovereign people”.

Prime Minister Elisabeth Borne took note of the decision of the Constitutional Council, considering that the pension reform had arrived “at the end of its democratic process”. “Tonight, there is no winner or loser,” she adds. And to once again list the “many advances” contained in the text, according to her.

Emmanuel Macron hopes to finally overcome the dispute that has lasted since January and hopes to relaunch this second five-year term barely a year after his re-election. The Head of State has yet to promulgate the law. He said this week that he wanted, “in a spirit of harmony”, to receive the unions next Tuesday. And should soon address the French. A summit meeting of the majority will be held Monday at the Elysée.



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