Pension reform: all the measures that could be canceled on Friday

As a reminder, the pension reform was adopted following a Social Security financing bill (PLFSS) and not by the traditional route. Seen by some as a way of “diversion” and “fair” by others, the wise men will decide this Friday at the “end of the day” on the conformity of this PLFSS, as well as on the opposition bill having intended not to set the retirement age beyond 62 years.

To make its decision, the Constitutional Council must go through several stages. First comes the examination of the text. It is the rapporteur appointed by Laurent Fabius, President of the Constitutional Council, who sees the task of writing a report after examining the text as well as the arguments collected in the referrals.

Secondly, the rapporteur must communicate his conclusions and remarks to the members of the Board, who will then each take their turn: once before voting, then a second time at the end of the vote, to legally explain their choice.

Then, thirdly, following their deliberation, the sages must render their decision. That is, fully validating the text, partially or fully invalidating it.

Finally, the fourth and last step will be the consequences of this decision, therefore either the promulgation of the text as it is or with censorship of certain measures, or the request for a second deliberation made by the President of the Republic.

Limiting to 20 days the deadline for the National Assembly to give its decision, article 47-1 put in place following the PLFSS is quite controversial. As Dominique Rousseau, professor emeritus of public law at Paris-I Panthéon Sorbonne, says for Le Parisien: “The limitation of the time for debate is planned to allow adoption before December 31, so that the measures apply from the January 1st. Using it for the current year makes no sense! “. Other decisions have just as much opened the debate, such as the use of 49-3 and certain PLFSS measures which could be censored following a decision by the Constitutional Council.

Considered by many specialists to be “budget riders”, in other words measures that have no place in this bill, because they have no connection with the financial situation, the employment index of seniors and the CDI senior are the two measures most likely to undergo partial censorship (which is the most likely scenario).