2023-10-17 05:59:14
In the absence of an absolute majority in the National Assembly, the 2024 budget should, like last year, be adopted thanks to article 49.3 of the Constitution, which allows the government to have a text adopted without a vote, incurring its responsibility.
► Why should the government use section 49.3?
On the night of Friday October 13 to Saturday October 14, the first part of the finance bill (PLF) for 2024 – which corresponds to the “revenue” section of the budget – was rejected by 19 votes against and 17 for by the committee of finances of the National Assembly.
This rejection is not dramatic for the government, since the discussion in public session, which begins Tuesday afternoon, October 17, will in any case relate to the text that it originally presented to the National Assembly. But, as the government does not have an absolute majority in the chamber either, it will not be able to have the budget voted on there either.
“The oppositions will not vote, I do not blame them, because I know that, for them, voting on the budget is a marker of belonging to the majority, but the French would not understand that we do not have a budget” , recognized Thursday, October 12, the Minister of Public Accounts Thomas Cazenave before the Association of Economic and Financial Journalists, announcing that the government would therefore use article 49.3 of the Constitution.
► Does 49.3 mean an absence of debate?
“It is mainly in committee that the debate takes place”, underlines Thomas Cazenave. In fact, from Tuesday October 10 until late in the night from Friday 13 to Saturday 14, the finance committee had time to examine the 34 articles of the first part of the 2024 budget, as well as the 3,034 amendments tabled.
“In a very complicated week, we had a dignified commission where the debates were argued, where we listened to each other and where we even changed our minds,” recognized the president of the commission Éric Coquerel (La France insoumise), hoping to have “such a beautiful debate” in public session.
However, it could be that, knowing that it is mathematically in the minority, the government quickly chooses to shorten the debates in order to impose its text. According to Thomas Cazenave, the government could still accept opposition amendments, provided that they “respect the balance” initial you PLF.
In the event of use of 49.3, the oppositions will nevertheless be able to table one or more motions of censure to try to overthrow the government, which will only be possible on condition of bringing together a majority of deputies on the same text.
Except that the Republicans and the Nupes deputies have very different visions. “I wonder how people who defend such opposing analyzes – those who demand 27 billion more savings and those who claim that the budget is an austerity cure like we have never seen – could come together” , tackle Thomas Cazenave.
► Why so many 49.3?
The budgetary procedure is governed by very precise rules. The text is divided into two parts (revenue and expenditure), the first having to be adopted before each assembly begins to study the second. The government is therefore forced to use 49.3 twice, once for each part.
After examination by the Senate, the text will return a second time to the Assembly. With therefore the possibility of still activating the 49.3 for this new reading.
Furthermore, Parliament must also examine the Social Security financing bill (PLFSS), which obeys the same procedural rules. Thus, section 49.3 could be used eight times, while only covering two bills.
Budgetary texts being the only ones where the government can use 49.3 without limit, it can only introduce provisions strictly related to the object of the text. Provisions deemed too far removed, called “budgetary riders” (or “social” in the context of the PLFSS), are systematically censored by the Constitutional Council.
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