France's Constitutional Council is set to decide on the constitutionality of President Emmanuel Macron's proposed pension reform on Friday. The decision could lead to the acceptance, modification, or rejection of the proposal based on the guidelines of the French Constitution. FRANCE 24 provides an overview of the three potential outcomes.
What is the Constitutional Council and why is its verdict important?
France’s Constitutional Council, the highest constitutional authority in the country, will issue a crucial ruling on Friday on President Emmanuel Macron’s controversial pension reform proposal. The Council’s decision, which will determine the future of the legislation, has attracted unprecedented public attention and political pressure. As the French society remains divided over the proposed measures, which include raising the retirement age from 62 to 64, the Council will need to navigate complex legal and social factors in rendering its verdict. In this article, we examine the three possible outcomes of the Council’s ruling and their implications.
Possible outcomes: Acceptance, modification, or rejection of the bill
The Constitutional Council’s role is to ensure that laws comply with the principles and provisions of the French constitution, which dates back to 1958. As such, the Council’s first decision will be to determine whether the pension reform bill conforms to the constitution. The Council can either approve the bill in its entirety, alter some of its provisions, or reject it entirely. While the Council is not a political body, it is not immune to the current social and political context in France. Therefore, the Council’s decision is likely to reflect the ongoing public protests against the reform, although it may not reject the bill entirely.
One issue that the Council may consider in its assessment is the presence of “legislative riders” – unrelated provisions added to bills. The pension reform bill includes several measures that could be deemed “riders” rather than budgetary items, which the government claimed the bill to be. The Council may strike down those provisions that it deems unconstitutional.
Another key decision for the Council will be whether to authorise a public referendum on the reform. If a motion wins the support of one-fifth of MPs and one-tenth of voters, a Citizens’ Initiative Referendum could be held to stop the pension reform. However, even if the Council approves such a referendum, it is not guaranteed that it would succeed in blocking the legislation.
What to expect: Uncertainty and ongoing protests
Regardless of the Constitutional Council’s verdict, it is unlikely to resolve the social and political tensions generated by the pension reform proposal. Even if the Council accepts the bill, left-wing politicians and trade unions have vowed to continue protesting and campaigning against the measures. Conversely, if the Council rejects the bill, the government would be severely weakened and forced to reconsider its approach. The likely outcome is that the reform will face further resistance and debate in the coming weeks and months, regardless of the Council’s ruling.
Conclusion: A legal but not political decision
The Constitutional Council’s decision on the pension reform bill is eagerly anticipated but not guaranteed to resolve the current political crisis in France. While the Council will consider the constitutionality of the bill and its social context, its verdict is expected to be a legal rather than political decision. The Council’s ruling will shape the future of the pension reform proposal, but it will not necessarily end the social unrest and political disagreements surrounding it.
