SECTION 49.3. Elisabeth Borne announced, Wednesday, November 2, 2022, to resort for the fourth time to article 49.3 of the Constitution for the entire finance bill (PLF), in first reading in the National Assembly. The LFI deputies have announced that they are tabling a new motion of censure.
[Mis à jour le 2 novembre 2022 à 19h06] This Wednesday, November 2, 2022 at the National Assembly, the Prime Minister again made use of Article 49.3 of the Constitution, thus engaging the responsibility of her government for the entire finance bill (PLF) in first reading. “On Monday, during the examination of the credits of the ecology, development and sustainable mobility mission, with 15 billion euros of new expenditure, punctured on essential programs, you profoundly upset the coherence and balance of the text. (. ..) Since the conditions for a constructive dialogue are no longer met (…), we must react”, declared Elisabeth Borne in front of the parliamentarians.
In response, the LFI deputies announced in the wake of the tabling of a motion of censure against the government, which will be done without the rest of its allies within the Nupes. “It is not a fundamental divergence. We will find ourselves on a motion of censure rather on the end of these” budgetary texts, in December, underlined the president of the LFI group in the Assembly, Mathilde Panot, before the press. “Élisabeth Borne launches her fourth 49.3. Faced with the permanent coup, let’s grow our strength to change regimes and politics”, for her part wrote, on Twitter, the rebellious deputy Clémentine Autain. As a reminder, if a motion of censure is voted by an absolute majority in the National Assembly, then Elisabeth Borne and her government will have to resign. The motion that will be tabled by the Insoumis nevertheless has little chance of being adopted, given the lack of support from the other deputies of the Nupes, nor of the RN as may have been the case before.
Elisabeth Borne launches her fourth 49.3.
Faced with the permanent coup, let us increase our strength to change regimes and policies.
— Clementine Autain (@Clem_Autain) November 2, 2022
A fourth use of 49.3 risky for the government?
By using article 49.3 for the fourth time this Wednesday, November 2, 2022, Elisabeth Borne is indeed taking the risk of giving the impression that her government is opting for a forced passage rather than for parliamentary consultation. It was on October 19 that the Prime Minister used it for the first time since taking up this post. The constitutional weapon was then used to have the first part of the 2023 budget adopted. The next day, she had drawn it again to have the first three parts of the Social Security financing bill (PLFSS) adopted. Finally, on October 26, it was to have the continuation of the PLFSS adopted that it had recourse to it.
The Prime Minister justified her use of 49.3 to have the entire budget adopted by “disrupting the consistency of the major budgetary balances”. “We cannot add billions of euros in expenses without taking them from other aid in the service of the French,” she added. Elisabeth Borne was thus referring to the adoption, Monday evening in the National Assembly, of two amendments from the ecologists and the socialists which aimed to increase the credits of the MaPrimeRénov ‘system, aid for the renovation of thermal colanders, for a cost 12 billion euros, reports BFM TV.
The use twice of article 49.3 to have the PLF adopted is not surprising, because this first budget of Macron’s second term of office faces a difficulty legislative size: 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 a minority, and with the threat of an alliance of opposition groups to vote against the bill, the government therefore prefers to force through 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 generally results in the filing of one or more motions of censure by the opposition groups. 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 a motion of censure tabled by the party of Marine Le Pen. Moreover, the Republican deputies, necessary to obtain the minimum 289 votes, do not seem willing to vote any motion of censure. Politically, Elisabeth Borne therefore seems to be little shaken up and should remain in place at Matignon.