After failing to get the pension reform voted on in the Assembly, the government is preparing to present the text to the Senate. But after the blurring of minimum pensions, contribution periods or gender equality, new pitfalls are emerging. This is what an opinion of the Council of State obtained by deputies suggests.
The government had carefully avoided sharing the conclusions of the Council of State. It must be said that the picture drawn up is hardly favourable. According to the country’s highest administrative authority, several pension reform measures pose a risk of unconstitutionality.
Which hardly surprises the Insoumis MP Manuel Bompard. “ I denounce a form of dishonesty on the part of the government which somehow tells us to improve the situation of a few people, but we take the risk that the so-called positive aspects will be sanctioned by the Constitutional Council and that only the negative aspects will remain », Indignant the deputy of left.
Indeed, among the measures in danger, there are in particular proposals to compensate for night work or hardship, explains Aurelien Devernoix political service. Or the senior index intended to prevent companies from laying off their oldest employees. Too far from the strictly budgetary framework chosen by the government for this reform, considers the Council of State.
No worries in the government, according to Olivier Véran
But government spokesman Olivier Véran is not worried: “ The government has done as every time it presents a bill, it has consulted the Council of State. We consider that the text is intended to be valid from a constitutional point of view. »
The risk is however known to the executive. The Minister of Labour, Olivier Dussopt, had already mentioned the possibility of an additional text. But the choice was therefore made to maintain these measures in the initial project, to give it a more acceptable character.
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