By Yann Thompson
With the Constitutional Council, it breaks more often than it happens. The decrease in employee contributions included in the supplementary budget for Social Security was dismissed Wednesday, August 6, for the Sages. This censorship of a major component of the pact to François Hollande forces the government to revise its copy, as has happened to the President of the Republic on 25 other texts since 2012.
The Head State, like its predecessors Jacques Chirac and Nicolas Sarkozy, sees about half of its plans thwarted, at least partially, by the Constitutional Council. Much “slaps” , according to the opposition, which accuses the government a “default method” and “amateurism” which “wasting time in France” . Why so much censorship on the part of the Elders
Because the government takes risks
In the vote of a project of law, the government knows that sometimes some parts of the text are likely to be rejected by the Constitutional Council. It takes “a calculated risk, saying that the Sages can decide one way or the other” , told francetv info Esplugas Pierre, professor of public law at the University of Auvergne.
The government may have been warned of this risk by the Council of State, which issues an opinion on each text prior to submission to the Council of Ministers. The Council of State judge overcome some risks, but sometimes recommends a change to the project when the risk is too high.
“Governments often hope that it will pass with a certain casualness, matches with info francetv the UMP president of the Committee on Finance of the National Assembly, Gilles Carrez. But we must be careful, especially as the text rejected Wednesday was announced by Manuel Valls in readiness, eight days after his inauguration. ” The use of emergency procedure, which sometimes works against the quality of the texts, is another advanced to explain some censorship element.
Because the Parliamentary work is sometimes sloppy
The risk may also arise, not from the original text, but concessions to Parliament. “Faced internally its majority, the government can pass amendments to the legal scope poorly studied, Bertrand Mathieu, professor of public law at the University Paris 1, contacted by francetv info analysis. But all that comes to negotiations and amendments do not go before the Council of State, which is a source of legal uncertainty. “
” BECAUSE it is rarely the initiative, Parliament compensates by trying to make its stone, but very often it adds pages and pages and the quality of the law may be lost “ PS sorry Senator David Assouline, quoted by the website of Public Senate. “Most of the amendments are censures” , agrees a member of the State Council, told francetv info.
MP Gilles Carrez also denounces “the legislative incontinence “ of his colleagues. He is concerned about the appearance of “automatic writing software amendments” “Before, colleagues bothered to think, but now it’s anyone that, they hardly know the amendments they write “, he said.
Because the Sages can be unpredictable
Even with the best intentions, can not be assured of a green light from the Constitutional Council. If the institution has “fairly settled law” , there is “some uncertainty” as to decisions made as “we do not know the Constitutional Council will place the cursor “ between different principles, says constitutional expert Bertrand Mathieu.
Thus, lower employee contributions censored Wednesday, the Socialist Gérard Bapt expressed his “surprise” francetv info as “the Constitutional Council had approved the tax package Nicolas Sarkozy, where an exemption from employee contributions for overtime included” . “There were several theories balancing” admits Gilles Carrez, who expected this censorship on the basis of a previous cancellation in 2000 of a provision making progressive CSG.
The Constitutional Council may also develop its jurisprudence and make unpredictable decisions, even for the Council of State. “We should not dramatize the censures of the Constitutional Council , puts Professor Pierre Esplugas. This is not serious in itself and should not be seen as a political message to a majority. “
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