Budget 2023: understand everything in article 49.3 of the Constitution that could be used

Romain Rouillard 5:07 p.m., October 12, 2022

Here is the famous article 49.3 again.

This provision of the French Constitution could well be requested by the government which faces an impasse in the National Assembly.

Facing opposition from Nupes, RN and the right, the executive does not have a sufficient majority to pass the 2023 budget.

As a result, he could activate Article 49.3 which would basically allow the text to pass "in force".

A prerogative used many times in the history of the Fifth Republic.

But what does this article actually say?

How and when can it be used?

Explanations.

49.3, what is it? 

This is an article of the 1958 Constitution which offers the head of government the possibility of adopting a bill or a private member's bill without having to seek the vote of the deputies.

The text then goes directly to the Senate.

The National Assembly can nevertheless thwart the plans of the executive by tabling a motion of censure within 24 hours of the use of 49.3.

Nevertheless, to be adopted, this motion must receive a majority of favorable votes in the hemicycle, ie at least 289. A highly unlikely outcome in the current context.

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In the event of the use of 49.3, Prime Minister Élisabeth Borne will be able to "engage the government's responsibility on its program or possibly on a declaration of general policy". 

In what cases can the government use it? 

The head of government must first wait for the green light from the Council of Ministers before launching the 49.3 procedure.

Moreover, since the constitutional revision of 2008, this article can only be used once per parliamentary session, apart from budget bills such as the finance law or the law on the financing of social security.

What significantly reduce its use. 

Why is the procedure risky? 

The use of article 49.3 could be perceived by the opposition as an admission of impotence.

Moreover, the timing is also a risk factor for the executive.

In the midst of a strike in the refineries and a few days before a march against high prices organized on Sunday in Paris by the Nupes, drawing the 49.3 promises tumultuous reactions. 

Recourse to 49.3 in the Fifth Republic

The 49.3 weapon has been used many times since 1958. 89 times in total with a record of 28 uses for the government of Michel Rocard (1988-1991).

Since he came to power, Emmanuel Macron has only asked him once.

It was in February 2020 when Édouard Philippe, then Prime Minister, encountered difficulties in passing the pension reform.

A project ultimately rejected due to the health crisis.

We also remember the controversial use of this article by the government of Manuel Valls in 2016 to pass the famous labor law.