Enforcement of laws in the Senate: the mixed record of the upper house

Enforcement of laws in the Senate: the mixed record of the upper house

2023-06-01 13:03:18

Better, but some progress to be made. Here is the summary of the report on the overall rate of application of the laws calculated by the Senate and discussed Wednesday May 31 in the hemicycle. In the upper house, the overall rate of law enforcement during the 2021-2022 parliamentary session stands at 65%. This figure is an improvement compared to the previous session (57%), but still lower than the level of the 2017-2018 session (78%).

To be effective, certain provisions voted by Parliament must still be supplemented by decrees or orders issued by the government. The latter has set itself a six-month deadline to adopt these regulatory texts necessary for the application of the laws.

Taking this delay into account, the latest annual report established by the Senate, closed on March 31, 2023, focuses on the laws adopted between October 1, 2021 and September 30, 2022.

“Great disparities”

Sixty-four laws were adopted during the 2021-2022 session (compared to 51 during the previous 2020-2021 session), including 18 of direct application and 46 which required implementing measures. Of these, 14 were “fully applicable” on March 31, 2023, 25 “still called for numerous implementing measures” and, for 7 of them, “none of the measures necessary for their application had yet been adopted” .

According to the report by Senator Pascale Gruny (LR), the overall improvement in the overall rate of law enforcement “hides great disparities”. For example, more than a year after its promulgation, the law of February 7, 2022 on child protection suffers “from a very insufficient application, with 37% of the regulatory measures taken”.

In addition, the rate of application of laws of parliamentary origin (proposals) “appears particularly insufficient”, with an average rate of 56%.

Regarding the provisions resulting from the adoption of an amendment, the report notes “notable” differences in the rate of application: 57% for an amendment of Senate origin, against nearly 70% for the amendments of the National Assembly or government.

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