On April 14, 2023, the Elders of the Constitutional Council delivered their verdict on the pension reform. The latter validated most of the text, including the postponement of the retirement age to 64 years. Certain points such as the Senior CDI have been censored. This decision angered the French and the unions. Several improvised mobilizations were organized following the announcement of this validation.

The outrage intensified after Emmanuel Macron’s promulgation of the law a few hours after the Council’s response and its publication in the Official Journal on the night of April 14 to 15, 2023. The strategy adopted by the president was strongly criticized by the unions, but also elected officials opposing the reform. This is particularly the case of Jean-Luc Mélenchon, member of the NUPES, who reacted on Twitter to the news.

Nevertheless, Liberation recalls that Emmanuel Macron did not really enact the law overnight. Indeed, it was the same evening of the result of the Constitutional Council. It was published in the Official Journal on the night of Friday April 14 to Saturday April 15, 2023. In addition, the party of La France Insoumise (LFI) is already preparing the sequel. Indeed, Eric Coquerel, LFI deputy for Seine-Saint-Denis, announced the preparation of a new motion of censure against the government.

On Sunday April 16, the left-wing elected official announced that he had started discussions with several parties to propose a new motion to the National Assembly. Indeed, the HuffingtonPost reports that the Nupes (New Popular Ecological and Social Union) wishes once again to join forces with the Libertés, Indépendants, Outre-mer et Territoires (LIOT) party. A cross-partisan motion of censure was tabled on March 20. The latter was carried by Charles de Courson, Dean of the Hemicycle, in an attempt to counter the use of Article 49.3 of the Constitution by Elisabeth Borne.

It was then rejected by nine votes, managing to convince some elected representatives of the Les Républicains group, such as Aurélien Pradier. Is another scenario possible for this new motion of no confidence? What does the government risk if this is accepted?

Despite the rejection of the motion of censure of March 20, the Nupes seems to believe in the one that will soon be presented. Asked at the microphone of France Info and France Inter, Clémentine Autain, deputy of Seine-Saint-Denis, affirms that “we can think that, given the situation, things could be different”. Indeed, among the measures censored by the Constitutional Council, we find the articles on the index and the senior CDI, as well as the medical examination for professions at risk.

These points were, however, those on which the group of Republicans had negotiated during the Joint Joint Commission. They also constituted the adjustments and modifications made to the initial text by the government. Would this partial censorship then be a harbinger of the beginnings of the fall of the current government?

With the announcement of the censorship of articles deemed social and defended by the Republicans, the Nupes hopes to bring the parties together and recover the votes missing during the last motion of censure. Indeed, Sandrine Rousseau, ecologist deputy, evoked this prospect at the microphone of BFMTV on Sunday April 16. “I have a question for the Republican MPs who told us they were ready to vote for reform because it had all the social riders in it. Now that they’ve been removed from the law, will you be capable of voting a motion of censure”, she asked. But, what are the consequences for the government if this motion of no confidence is accepted?

Article 50 of the Constitution specifies that “when the National Assembly adopts a motion of censure or when it disapproves of the program or a declaration of general policy of the Government, the Prime Minister must submit to the President of the Republic the resignation of the Government “. If this motion passes, Elisabeth Borne will therefore have no other choice but to leave Matignon. A scenario that seems more and more likely in a context of tension between the Prime Minister and Emmanuel Macron.