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The Constitutional Council has validated, Wednesday, August 5, most of the law on growth and activity, called “Macron law”, named after the Minister of Economy. The text will now “be immediately implemented in” , assured the Prime Minister, Manuel Valls, and publication of decrees should take place gradually by the end of the year.
Several articles were censored by the Constitutional Council but “Most measures for canceled due process will be resubmitted to Parliament in the coming months” says Mr Valls.
The legislative route of the law was notably marked by two collective votes in the National Assembly, during which the government has incurred liability due to the use of Article 49, paragraph 3 of the Constitution
The tote 308 items enactment, according to Emmanuel Macron, heal “three diseases” of France. “distrust” , “complexity” and “corporatism” . Hailed by the Medef, the law throughout his career drew criticism from all sides, and has undergone many changes. Reviewing the main points of law – among many others:
1. The relaxation of Sunday work and night
The selected device removes worked five Sundays of right originally proposed and leaves the choice to elect to fix the number of Sundays “0 to 12″. The authorizations will be discussed at inter-communal level beyond five Sundays. Employees will receive a compensation of at least 30% of their salaries as well as contingent consideration according to company agreements case by case.
“International tourist areas” are created, in Paris, Nice, Cannes or Deauville, in which shops can open on Sundays and until midnight, on the basis of salary compensation (salary doubled for work in the evening).
2. National bus lines
Until now limited by complex licensing systems, they will be liberalized. Mr. Macron made it a symbol, saying it was a measure to “poorer” , which could thus “easy travel” .
“At present, many French are too poor to take the train, which is too expensive. Bus transportation is 8-10 times cheaper than the train. This liberalization measure of bus transport will benefit the poorest families, the most precarious, the most fragile. “
According to the minister, the liberalization of transport should create as ” tens of thousands “ of jobs. The discussions led to introduce limitations, regions and departments will be able to prohibit or restrict certain lines.
3. The easing of the driving license
The license becomes a “universal service” that the waiting period, currently ninety-eight days an average of two presentations in the review, will be halved. The tests of the highway code will be entrusted to private companies. In the departments where the wait between two passages in the review is greater than forty-five days, the “public officials or contract” , including La Poste, will pass it. Finally, the minimum period of twenty hours of driving has been removed.
4. A reform of labor courts
Other complex project, that of the industrial tribunal justice. The reform aims to simplify procedures to reduce delays. The law provides for training advisers and sanctions in case of impropriety and a status of union advocate, and empowerment of labor inspectors and the judiciary (départiteur judge).
In the final minute, the government had added a compensation scheme (maximum) in case of dismissal, depending on the seniority of wages in the business and the size of it. Poorly perceived by many Socialist deputies, this measure was retoquée by the Constitutional Council, which found that the difference in treatment according to company size “disregarded the principle of equality before the law”.
5. The modified collective redundancy rules
On this pane, which aims to further secure business, an amendment of rapporteurs which was voted favors collective bargaining and more strictly regulates the delimitation the scope of application of the redundancy criteria in case of unilateral decision of the employer.
6. An incentive to employee savings and employee shareholder
The law simplifies Macron these devices to enable their widespread small and medium enterprises (SMEs) and make them more attractive tax. The funds should also be used more to finance the economy.
The Act repeals Macron however the profit sharing bonus put in place under the presidency of Nicolas Sarkozy, which required companies increasing their dividends two years following a redistribution in favor of their employees
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7. The liberalization of regulated professions and Infogreffe in open data
The installation of newcomers (bailiffs, notaries, auctioneers) will be liberalized to encourage competition and allow holders of diplomas required to launch – the whole being, however, regulated by the Ministry of Justice. Fee schedules must also be modified for acts “of everyday life and most real estate transactions,” , in order to reduce the price.
But the possibility introduce an element of variable tariffs was removed during discussions in favor of a possible fixed discount system for young bailiffs, notaries and judicial officers. The Special Committee endorsed the freedom of settlement “controlled” notaries, bailiffs and auctioneers and adopted an amendment setting an age limit (70 years) for these professions. This does not prevent the discontent of notaries to continue
However, the registrars of the commercial courts lost to cancer. Data from the National Register of Commerce and Companies (SNCR), which hitherto their property and which is accessed only by paid services, will now freely accessible.
This reform has caused a strong reaction of professionals, lawyers bailiffs. They denounce the “commodification” right “comes to the economy” , fear a decline in access to law, or predict the “Death of profession “ of auctioneers or administrators and judicial officers, with thousands of jobs lost in the key
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Infogreffe includes the 135 registrars of the commercial courts of France, nearly 2,000 employees. The site, which employs about thirty people (IT specialists and technical personnel), existed before 2009 – the data were even broadcast on the Minitel in the 1990s – but it was not until that date that it has recovered the monopoly the public service delegation, to the detriment of the National Intellectual Property Institute (INPI).
8. Loans between companies
A company that has a cash surplus may lend money to a supplier or a subcontractor in trouble for a period limited to two years and Since lender and debtor have economic ties.
9. Five to ten billion euros of asset disposals
The text, examined 10 December 2014 to the Assembly, includes a component endorsing the sale by the State to 5 billion 10 billion euros of assets in companies; 4 billion will be allocated to debt reduction, the remainder back into the economy. The details of what will be sold has not been disclosed. Mr. Macron has simply stated that there was no question of privatizing EDF, as had been mentioned.
10. And also …
The law also mentions, among other measures:
- a relaxation of the conditions of bank change for consumers, with the setting establishment of a fully automated service;
- a “constructability mark” 30% for municipalities wishing to enlarge
- a map Work in the building to prevent fraud and undeclared work.
Relaxation of Evin law.
Members had also voted against the Government’s view, an easing of the Evin law on communication about alcohol, but this measure was retoquée by the Constitutional Council, saying it had nothing to do with the Macron content of the law.
The endorsement of nuclear waste disposal facility in Bure
At the last moment the government was introduced into law an amendment endorsing central storage of radioactive waste in Bure, in the Meuse. This article was censored by the Constitutional Council, which, again, felt that it was a “legislative rider” to be presented in a new text
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