Council of Europe advisory group criticizes French gov’t for bypassing parliament in legislation process

ANKARA

An advisory group of the Council of Europe has criticized the use of a constitution article in France that allows adopting bills by skipping the National Assembly.

The European Commission For Democracy Through Law (Venice Commission) in a preliminary report on Tuesday evaluated the use of Article 49.3 of France’s constitution, during the adoption of the pension reform bill.

The interim opinion report recalled that this procedure was introduced in 1958 to overcome political fragmentation and deadlocks in the National Assembly and adopt crucial legislation.

“The question arises if the use of Article 49.3 insofar as it allows passing a law without final parliamentary approval and, in some cases, without a real and thorough discussion of its contents violates the principles of pluralism, of separation of powers and of the sovereignty of the legislature,” the commission noted.

Recalling that France has two chambers, the National Assembly and the Senate, the report added: “In addition and in particular, the Venice Commission finds that removing the final vote of one chamber of parliament for the adoption of a statute represents a significant interference by the executive in the powers and role of the legislature, is seemingly unique in European comparative experience and is problematic.”

“To assess whether the necessary balance of powers between parliament and the executive is maintained, it remains to be seen to what extent its use by the executive is constrained, i.e. what safeguards exist against its excessive use and to prevent its abuse,” the report further said.

The commission said it will carry out a comparative analysis in other European member states, before reaching its final conclusions.

Use of Article 49.3 in France

Prime Minister Elisabeth Borne’s government has triggered the article 11 times since May 2022, the latest one over the pension reform bill, which provoked massive public outrage.

The government unveiled the proposal in January and it was taken up for a parliamentary debate the following month as millions took to the streets to oppose it.

The unrest intensified when Borne, after consulting with President Emmanuel Macron, decided to use Article 49.3 to adopt the bill without parliamentary approval on March 16.

The decision was motivated by concerns that lawmakers would be able to stymie the reforms because the government lacked an absolute majority in parliament.

• Article 49.3
• Council of Europe
• Elisabeth Borne
• France
• France constitution