Stalemate over pension reform in France expected to last until analysis by the Constitutional Council

by time news

Prime Minister Élisabeth Borne will receive union leaders for a dialogue meeting next Wednesday (5), on the eve of a new day of national mobilization against the reform that increased the minimum retirement age to 64 years. The end of the week seems quieter, but it’s only a brief lull until the next storm.

The French government maneuvers to quickly turn the page on pension reform, but neither side will change its position until April 14, the date on which the Constitutional Council will give its opinion on four analyzes of the constitutionality of the measures, one of them requested by the first- minister and the others by opposition parties.

This French body is similar to the Brazilian Federal Supreme Court when it comes to analyzing the constitutionality of a decision by the Legislative and Executive powers. But it is very different in relation to the profile of the judges, who can be former presidents of the Republic, former heads of government, lawyers and former parliamentary advisors.

In the current composition, the president is the former Socialist Prime Minister Laurent Fabius, who was also Minister of Foreign Affairs. The other seats are occupied by former right-wing prime minister Alain Juppé, former president Jacques Chirac’s right-hand man, a former senator, three lawyers, two high administration officials and only one judge with a career in the judiciary.

The opposition presented three appeals pointing to the abusive use of a constitutional article (47.1) that shortened the time for processing the reform in the two chambers of Parliament. It is not the content of the measures that is questioned – a fundamental issue –, but the form. There is virtually no chance that judges will find raising the retirement age to 64 unconstitutional. What could happen is a disapproval of the procedure chosen by the government. However, historically this has never happened. At the same time, which is very rare, before concluding his definitive opinion, the resources rapporteur will receive deputies opposed to the reform on April 4 to hear the arguments of the parliamentarians.

What the Constitutional Council judges may eventually censor are measures provided for in the reform that have nothing to do with a Social Security financing law, which is how the project was presented to Parliament. In that case, they could invalidate the obligation for companies to publish an index with the number of employees over 55 years old or the “senior employment contract”. This contract proposed at the last minute by the Senate, when the demonstrations were already gathering thousands of French people in the streets, is reserved for people over 60 years old, and would be automatically terminated when the worker reaches the age to retire with the full pension.

new feminist leadership

The unions’ room for manoeuvre, which is mainly to strengthen strikes and stop the country, seems reduced. But it’s too early to talk about defeat. The government and the president are very worn out. Macron is isolated and without a majority in Parliament to approve future projects in the first year of his second term.

In the midst of this social crisis, the CGT, which is the most left-wing trade union central in the fight for the defense of labor rights, elected this Friday (31) a new general secretary, Sophie Binet. She is 41 years old, a combative feminist and ecologist. Binet was at the forefront, as a student, of the movement that brought France to a standstill in 2006, forcing the government at the time to bury an unpopular labor reform, the first job contract (CPE).

In her speech today, the new leader of the CGT pledged to combat sexism and gender pay inequalities in the labor market. One of the elements of the opposition’s battle against the government is that the approved reform is profoundly unfair to women. Binet could be another thorn in the side of Prime Minister Élisabeth Borne.

A survey (Elabe) showed on Wednesday (29) that 70% of French people want the government to suspend the reform in order to negotiate with unions and political organizations a way out of this impasse. And 62% of respondents – a jump of 9 points since March 10 – point to President Emmanuel Macron and the government as the main responsible for the social conflict. The rejection of the reform only increases.

Macron will be in China when the French return to the streets

The 11th day of national mobilization is scheduled for April 6th. On this date, Macron, who attracts all the criticism, will be on an important diplomatic visit to China.

While the unions are preparing for the next actions, the air traffic controllers’ strike still affects the Orly airport, in the Paris region. In several sectors, such as oil refineries, schools and transport, the activity is carried out by union pickets. Many stations remain without gas, for example.

On Thursday night (30), police dispersed 4,500 demonstrators who were taking part in an unauthorized protest in front of Paris City Hall. Seven people were arrested. This Friday, a police operation ended, without incident, an occupation of 200 students mobilized against the pension reform at the University of Bordeaux.

Yesterday, Spain approved a pension reform in a less confrontational social atmosphere. There were no street protests because the measures were approved by the main labor unions in the country. Those who didn’t like it were the businessmen. The Spanish reform, which the right-wing opposition called a “patch”, includes an increase in contributions by companies, to ensure greater intergenerational equity.

One of the main criticisms of French unionists is that Macron’s reform only contains demands for workers, and practically exempts companies from any contributory effort.

In France, to obtain the full pension, workers will have to contribute for 43 years, already for those who will retire in 2030. In Spain, the minimum time, in 2027, for example, remains 38.5 years of contributions.

The French government carried out a reform to reduce costs, while Spain is betting on raising revenue, making those who earn more pay more.

It’s no use analyzing just the parameter of age to understand the revolt of the French; it is necessary to associate the contribution time required for the full pension. In France, even raising the minimum age from 62 to 64, as the majority of employees will lack contribution quarters, the discount will be punitive. Experts point to a general impoverishment of French retirees. This obstacle only disappears at the age of 67, the same age as in Spain.

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