What will happen after the decision of the Elders? The Constitutional Council is preparing to rule this Friday on the constitutionality or otherwise of the pension reform, which remains highly contested. The nine members will have to respond to four appeals. But what will happen once the Constitutional Council has decided? We take stock.
Emmanuel Macron said on Wednesday that he would propose to the social partners an "exchange which will make it possible to initiate the follow-up and to take into account the decisions, whatever they may be, of the Constitutional Council". "I want to say 'lol'", mocked Sophie Binet, the general secretary of the CGT, on the sidelines of the 12th day of mobilization against the reform, Thursday. "It's good that all of a sudden he wants to meet the unions, knowing that it's been a month since we asked him for an appointment and he refused us," said- she quipped.
As during the meeting between the inter-union and Elisabeth Borne at Matignon, the meeting could be cut short. "If the agenda is to talk about the modalities of the withdrawal of the reform, we will go. But if it's "I promulgate and then we meet", no, that's not possible, ”promises Sophie Binet already.
The Constitutional Council should deliver its conclusions on Friday around 5:30 p.m. Already, some 131 actions are planned at the same time throughout France, regardless of the decision of the Elders. Just over 40,000 people are expected to respond to the call of the inter-union. For his part, the prefect of police of Paris issued an order to prohibit from Thursday 6 p.m., and this until Saturday 8 a.m., any demonstration near the Constitutional Council.
In the longer term, Laurent Berger had conceded "that the CFDT will not hold demonstrations for six months on this pension reform". "But we won't be done with the pension episode," warns the trade unionist. This calls for "a great popular labor festival" for the day of May 1st. "We will first leave him (note, to Macron) the 15 days of reflection to request a new deliberation or decide not to apply the law", reacted, for his part, Frédéric Souillot, the secretary general of Force Ouvrière .
Three scenarios present themselves before the Constitutional Council. First case: the Elders fully validate the reform. The law can then be promulgated by Emmanuel Macron. The President of the Republic then has 14 days to trigger the promulgation.
Second case: partial censorship of the text. The law could then be promulgated but without the articles contrary to the Constitution. The senior CDI and the senior index are thus in the sights. Article 10 of the Constitution allows, before promulgation, a new deliberation before Parliament, without question of time. This would allow time for further negotiations before reaching an agreement with all parties.
Third case: total censorship. The legislative procedure is then cancelled, and the government must start the whole process again if it still wishes to have its reform adopted.
The shared initiative referendum has never succeeded since its introduction into the Constitution in 2008, on the initiative of Nicolas Sarkozy.
