SECTION 49.3. Thunderbolt at the National Assembly. The Prime Minister announced Wednesday, October 19 to use Article 49.3 of the Constitution for the first part of the 2023 finance bill. A legislative weapon not without risk, since it can quite turn against the government.
[Mis à jour le 19 octobre 2022 à 22h16] The recourse to article 49, paragraph 3 of the Constitution, had already been recorded for several days. The real suspense lay in the question: when? It was finally this Wednesday, October 19 at the end of the afternoon that the Prime Minister made her big announcement. Believing that “everything indicates that we will not meet the deadlines” and “responsibly, we must give our country a budget”, Élisabeth Borne said that she “commits[ait] the responsibility of [s]the government for the first part of the 2023 finance bill”. By using the parliamentary weapon, the executive dispenses with the vote of the deputies normally necessary to adopt a text.
“We can’t do anything with public spending”, estimated shortly after on the set of BFM TV the Minister of the Economy, Bruno Le Maire, not failing to refer the opposition to their responsibilities: ” If the oppositions wanted a compromise, they had to tell us that they were ready to agree to vote for this budget. Asked by Le Figaro on the risks taken by the government, the Minister Delegate for Public Accounts, Gabriel Attal, judged that it was indeed “a moment of truth”. “A government which has a relative majority and which activates 49.3 exposes itself to the risk of being censured”, he conceded, adding: “Which makes me say that this 49.3 is not a moment of brutality, but a moment of truth.” Teasing, Gabriel Attal took the opportunity to throw a spade at the opposition. “I am curious to know if the RN, the Nupes and LR will find themselves on a common text when they spend most of their time explaining to us that they are different…”
Unsurprisingly, therefore, the use of 49.3 does not appeal to opposition groups and reactions were strong after Elisabeth Borne’s speech. La Nupes, at least on behalf of LFI, the PS and the PC, announced the filing of a motion of censure. Environmentalists, who have not yet spoken on the motion, say they see an “admission of weakness” from the government and on the far right, the RN also intends to table a motion of censure, but only after taking the time to reflection. Elisabeth Borne knew this before announcing 49.3: the weapon legislative is a double-edged sword and if a motion of no confidence is passed by a majority, she and her government will have to resign. But can this really happen? With two no-confidence motions currently being considered, the chances of the government jumping are slim.
The executive will most certainly use the 49.3 procedure to force through the 2023 state budget. The final text has not yet been established and, despite this absence of a vote, it should contain amendments tabled and voted on by the various opposition groups, despite, for some, the unfavorable opinion of the government. This should concern the increase in the tax credit limit for childcare for children under 6, the reduction of corporation tax for small SMEs, the removal of the tax advantage enjoyed by private jets or even the reduction to 5.5% of the VAT on masks, details theAFPcited by Provence.
But, historically, opposition groups vote against the majority budget. And this first budget of Macron’s second term faces a major legislative difficulty: the deputies committed to the cause of the President of the Republic do not have an absolute majority in the National Assembly. However, for a text such as that of the budget, it appears necessary. In the minority in the event of an alliance of opposition groups to vote against the bill, the government therefore prefers to go through in force to ensure the vote on finances for the coming year.
What is article 49-3 of the Constitution?
Paragraph 3 of Article 49 of the Constitution, commonly referred to as 49.3, appears in Title V of the Constitution. This legal device is used to regulate the “relationships between the government and the Parliament”. The Prime Minister is the person who can make use of it after deliberation by the Council of Ministers. It is then possible to suspend the examination of a particularly controversial bill within the National Assembly, and therefore of all the negotiations that accompany it, by engaging the responsibility of its government before the deputies (see below ). This would allow the presidential camp to force through a text, therefore without a vote, despite opposition, and to speed up the legislative procedure, in particular by putting an end to any obstruction by parliamentarians.
What does it mean to “engage the government’s responsibility”?
The term is used whenever recourse to 49.3. Concretely, “engaging the responsibility of the government” amounts to subjecting it to a possible motion of censure. Within 24 hours following the announcement of the commitment of the device, a motion of censure can be tabled by a parliamentary group. The law provides that in the event of a rejection of this motion of censure, “the bill or proposal is considered adopted.” On the other hand, if it is adopted, “the text is rejected and the Government is overthrown.” However, if no motion of censure is tabled within 24 hours, “the bill or proposal is considered adopted.”
What is a motion of censure?
The motion of censure is a major parliamentary tool. Its objective: to lead, if it is adopted, to the resignation of the Prime Minister as well as of his government. In the context of the use of Article 49.3 of the Constitution, it can be tabled by deputies. They must be at least 58, or one tenth of the National Assembly. To be adopted, it must collect 289 votes “for”, that is to say the absolute majority of the hemicycle. In the event of a relative majority (a majority of “for” but less than 289), it is not adopted. Today, in the National Assembly, the government of Emmanuel Macron has less than 289 deputies (249). Enough to raise fears of a possible overthrow of the government if all the oppositions sign the same motion of censure.
The triggering of the 49.3 procedure will lead to the filing of motions of censure. Both on the side of Nupes and RN, everything seems ready. But to succeed in overthrowing a government is a whole different story. For a Prime Minister and all of her ministers to be forced to resign, an absolute majority must be reached when voting on the motion of censure. That is 289 deputies. However, political differences should allow the current power to remain in place. Indeed, the deputies on the left do not intend to vote in favor of the motion of censure tabled by the party of Marine Le Pen. A reciprocal position on the far-right side, vis-à-vis the left-wing coalition. Neither of the two camps wishing to sign the text of the other, the majority will thus never be reached. Especially since the Republican deputies, necessary to obtain the minimum 289 votes, do not seem willing to vote for any motion of censure. Politically, Elisabeth Borne therefore seems to be little shaken up and should remain in place at Matignon.