Article 49.3: The French government’s special constitutional power

FRANCE 24 English

With political turmoil in France kicking into high gear, we take a look at the ins-and-outs of Article 49.3, the French constitutional measure that allows the government to pass legislation without a parliamentary vote. We discuss which prime ministers have used it the most, the reasons for using it, and what the government risks every time it's applied.  A programme produced by Amanda Alexander, Marina Pajovic and Georgina Robertson.  Visit our website: http://www.france24.com  Like us on Facebook: https://www.facebook.com/FRANCE24.English  Follow us on Twitter: https://twitter.com/France24_en

Transcript

00:00Well, it's time now for our Entre-News segment, and we're going to focus on this story a bit

00:04more.

00:05Obviously, all this political turmoil here in France, which is heating up the parliament,

00:08lots of suspense over Michel Barnier and if his government will be subject to this no-confidence

00:13vote.

00:14Now, this could occur if he decides to use something called the Carreau Neuf Toit, or

00:18the 49.3.

00:19Now, this is an infamous way to push through policies.

00:23And Solange Mougin joins me on set to talk a bit more about what exactly this constitutional

00:28article is.

00:29Well, the Carreau Neuf Toit, or the 49.3, is an article in the French constitution.

00:34It is often pegged somewhat of a legislative nuclear weapon because it is a way for the

00:39government to pass their bills without the okay of parliament.

00:43And it allows the prime minister to push through legislation by force, or to essentially say

00:47to the members of parliament, you don't like my proposed law or budget, I'm going to make

00:52it a law anyway without your votes.

00:55But the 49.3 also puts the government in a potentially precarious tight spot because

01:00parliament can, in turn, move to cancel that law by voting the government out.

01:05I'll explain this part of it in a moment, this motion de censure, or vote of no confidence.

01:12But first, the 49.3.

01:13Now, critics of it say that it is a brutal denial of democracy that doesn't take into

01:18account the views of elected MPs, that it gives too much power to the executive or the

01:22president who generally, but not always, has named a prime minister that will implement

01:26his or her policy.

01:28But others say that the 49.3 is a very necessary tool, even if it should be used sparingly.

01:33They say that it is a means of ending and concluding things when there is political

01:38deadlock, that it is a last resort solution, that ensures things get done and that democracy

01:44continues to move forward with new policies and budgets, regardless of whether the bills

01:50are liked by all.

01:51And I think it is very safe to say that this article is very controversial.

01:55It is, perhaps the most famous and talked about and potentially disliked article of

02:02the French Constitution.

02:03And on the whole, it is highly disliked by the French people.

02:07An October poll by Elab found that 58% of French people think it is unacceptable for

02:13Michel Barnier to use it for his budget, while 31% said that it could be used if parliamentary

02:19debate goes on too long.

02:21Overall, its use does erode how voters view the power or the lack of power that elected

02:27officials have.

02:28Now, the 49.3 is the section of the Constitution that defines the relationship between the

02:33prime minister and his or her ministers with parliament, which is composed in France of

02:41the Senate and the National Assembly or l'Assemblée Nationale.

02:45And it was written into the Constitution in 1958, and it was also amended in 2008, to

02:50stipulate that it can only be used once per parliamentary session.

02:54That's actually quite rare.

02:55But there is an exception here for budgetary laws or laws of finance, such as France's

03:01social security budget and health care system.

03:03All right.

03:04So what keeps the prime minister and the government from actually using it for every single thing

03:09that is financial in that case?

03:11Well, it is, the 49.3 is actually quite, has become quite common and is often used for

03:16these financial laws, especially as political views and as parties in France have become

03:22more splintered.

03:23And this is actually a phenomenon that is splintering occurring across Europe.

03:27But back to the 49.3.

03:28Elizabeth Borne's government infamously used it 23 times in her year and a half of tenure.

03:34To her dismay, some people called her the queen of the 49.3.

03:38Now, her record did not reach the number one spot, which you see right there.

03:43It is held by Michel Rocard, who used it 28 times in his three years.

03:48He too did not have a majority in parliament, thus the frequent use of it.

03:52Now, when it comes to how and when prime ministers use this tool, there are also differences.

03:56It can be used to push through bills quickly without debate.

04:00Some say this is the more aggressive rollout.

04:03It can also be used after a whole lot of debate to end deadlock.

04:07Some see that as slightly more democratic.

04:09There are also prime ministers who've used it to rein in their own political parties

04:12when debate goes on for too long or if there are too many amendments that are causing problems.

04:17And then there are times when a bill is so unpopular, say Emmanuel Macron's pension

04:22reforms, that the necessary votes, they would never be there, but the government stands

04:26by it nonetheless.

04:27Such moves, however, run the risk of eroding voters' belief in democracy and its institutions.

04:33So the use of the 49.3 remains, regardless of the circumstances, quite unpopular among

04:39the French.

04:40Right.

04:41But the 49.3 isn't the only risk that using the 49.3 carries, is it?

04:45No, it also carries the risk that the National Assembly responds to this use of the 49.3

04:50with a vote of no confidence or a measure against the government after the evoking of 49.3.

04:58And in the political turmoil that is currently hitting France, this is a very real risk.

05:03Some even say it's an inevitability.

05:05Now, how does the vote of no confidence work?

05:07Well, for this to happen, there needs to be this motion de censure, or vote of no confidence,

05:13which is what the far right is now threatening as a potential negotiating tool.

05:18But it cannot happen immediately, and it is not the easiest thing to put in motion.

05:22If there has been a law that is passed with 49.3, then 10% of MPs, 58 of them, need to

05:28get together to declare within 24 hours of the 49.3 that they are calling a no confidence

05:33vote to topple the government, and therefore this law.

05:36So here MPs have to act quickly and to assess if they have enough votes to potentially pass this motion.

05:44Then there needs to be 48 hours between the moment of the request and the actual no confidence vote.

05:49So in this case, if a no confidence vote is requested, say today, Monday, the vote wouldn't

05:53happen until Wednesday or Thursday, when Barney's government could potentially be pushed out.

05:59And that is if there is an absolute majority of votes ousting them, or at least 289 votes

06:05in favor of this motion.

06:07And that remains an if, as it would likely require the far right and the far left to work together.

06:12A successful vote of no confidence has actually only happened once, in 1962.

06:17Charles de Gaulle was president at the time Georges Pompidou's government was voted out.

06:22But both Pompidou and de Gaulle, in the end, they won that political battle with Pompidou

06:26being reinstated after elections.

06:29All this to say that it is very rare for a censure vote to pass.

06:33But here it very well could pass if it comes about.

06:38And that is not a surprise for Barnier or his government.

06:41This threat of no confidence has actually been sort of floating above their heads.

06:45You could even argue above Macron's head as well for a long time.

06:48It certainly has.

06:49All right, Solange, thank you so much for breaking it down for us.

06:51Solange Mugel-Ander with everything you always wanted to know about the 49.3.

06:55Thank you so much.

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