Extract
[...] Le Monde takes note that 'it is her twenty-first recourse to this constitutional article since her arrival at Matignon, in May 2022'. In this case, the implementation of the device concerned, 'in a particularly tense context', 'the 'revenue' part of the state budget for 2024'. It is possible to compare this case with the hypothesis of the Rocard Government, which had only a relative majority and yet it resorted to it with great intensity from 1988." However, even in less unfavorable circumstances, the Prime Minister may need to resort to Article 49-3. [...]
[...] Mélin-Soucramanien, Constitutional Law, Sirey, coll. " Université 36and éd., 2017. - H. Portelli, Constitutional Law, Dalloz, coll. " Hypercours ", 12e éd., 2017. - M. Troper and F. Hamon, Constitutional Law, LGDJGD, coll. " Manuel 39and ed. 2020. [...]
[...] However, President Sarkozy after his election, had wanted in his letter of mission to Édouard Balladur, president of the committee of reflection on the reform of institutions, that the committee make him proposals concerning the 'encadrement of the powers of the Government in the matter of the adoption of laws'. The 2008 revision does not abolish the provisions of Article 49, paragraph 3 of the Constitution. It is still in place for two types of laws: budget laws and social security financing laws. Because they were considered 'the most essential texts for Government action'9. As for other laws, 'the Prime Minister may, in addition, resort to this procedure for another bill or a proposal for a law per session'. [...]
[...] The existence of the mechanism provided for in Article 49, paragraph 3 is linked to the will of the constitutional framers of 1958 to combat governmental instability that prevailed before that date. Indeed, it frequently happened that under the Fourth Republic The Fourth Republic, the National Assembly refused to adopt the texts it considered necessary for its policy; it was not forced to resign, but did not have the means to carry out its policy, it withdrew itself. With the procedure of Article 49, paragraph the situation is different: either the Assembly takes the initiative to push the Government to resign and this will be the vote of censure, or there has been no meeting of the required majority to be effective, and not only does the government not resign, but the law is presumed to be adopted. [...]
[...] It allows the Head of Government to bring the responsibility of his Government on a bill project. However, he cannot do it ex officio since there must be a prior deliberation of the Council of Ministers. This procedure is very similar to the confidence question known under the IVe Republic5, since the objective is the adoption of a bill project, and not the confirmation of simple intentions6. If there is no censure motion signed within 24 hours, the 'text' is considered adopted without the need for a vote and without debate, and this is where the particularity of the mechanism lies: in principle, the 'text' becomes law, unless a censure motion, tabled by MPs, is adopted by an absolute majority of the latter. [...]
