Why has the French government used Article 49.3 and does it mean more strikes?

The long-running dispute over planned changes to the French pension system has taken a new twist as the government decided to use Article 49.3 - but what is that and does it mean more strikes?

Why has the French government used Article 49.3 and does it mean more strikes?
French Prime Minister Edouard Philippe announced that the government would push the pension reform plan through without Parliament's support on Saturday afternoon. Photo: AFP

Three months after the massive strike movement protesting the proposed pension reform kicked off on December 5th, the French government this weekend took the drastic decision to force the bill through the parliament without allowing MPs to continue debating it – using a tool known as Article 49.3.

In a surprise move on Saturday afternoon, Prime Minister Edouard Philippe said that, “in accordance with the article 49.3 in the Constitution,” he had decided to “leave the responsibility of the bill” on the government’s shoulders. 

READ ALSO French government unveils pension reform bill – so what is in it?

The government, Philippe said, had decided to carry through their pension reform plan without putting the project to a vote in Parliament. This was decided after opposition MPs filed dozens of amendments to the bill in an attempt to stall its progress.


'Legislative nuclear weapon'

In case of legislative quagmire, the French government may turn to a constitutional weapon – sometimes referred to as a “nuclear legislative weapon” – and pass a bill without parliamentary support.

This weapon is better known as article 49.3 (quarante-neuf trois), written into the 1958 French constitution.

This is the article 49.3, which the government can use to force through a bill without parliamentary support. Photo: AFP

What is the “49.3”?

Article 49.3 can be found in the chapter of the French constitution that regulates the relationship between Parliament and the government.

It states that “the French Prime Minister can, upon discussing with the conseil des ministres (the cabinet) unilaterally pass any bill relating to financial or social security issues without consulting parliament.

The article further states that only a motion of censure signed by at least 10 percent of members (58 MPs) filed within 24 hours can prevent the bill then being adopted.

This time, the opposition has filed two such motions of censure. The right wing Les Républicains filed one and left wing La France Insoumise (LFI), Parti Socialiste (PS) and PCF filed another as a group. 

If either group manages to get their motion passed (which is unlikely considering the government's majority) the government then has to step down.

So what will happen?

Most likely, the pension reform will be adopted as it stands, including some 300 opposition amendments that the government has taken into consideration. 

The PM also said that some of the points that had been negotiated together with the unions would be included in the final text.

EXPLAINED What are France's special pensions regimes and why are people striking to protect them?

Far-left party La France Insoumise leader Jean-Luc Melenchon called for people to take to the streets to protest the government's decision to use the 49.3 to push through the pension reform. Photo: AFP

Why use it now?

The government has been eager to pass the pension reform before Parliament suspends all work in the run-up to the municipal elections on March 15th and March 22nd.

Their attempt to rush the plan through Parliament was severely and deliberately delayed by the opposition, with MPs depositing thousands of amendments to slow down the hearings.

PM Philippe said he would not allow for such a “a deliberate filibuster strategy” and wanted to “end this episode of non-debate.”

How unusual is this?

In reality, French governments have not been that reluctant to dust off the old constitutional sword to fight through their own political projects.

Francois Hollande in 2009 called the article 49.3 “a brutality” and a “denial of democracy,” but as President he let his own Socialist Party PM Manuel Valls use the article no less than six times between 2015 and 2016.

Before Valls, Alain Juppé used it twice between 1995 and 1996. Jacques Chirac shares the record with Raymond Barre of having turned to article 49.3 all of eight times during his time as Prime Minister in the late 1980s, beating Georges Pompidou’s six times in the 1960s. This list is not exhaustive.

Alain Juppé was just one out of many French prime ministers to make use of article 49.3. Photo: AFP
Does this a new round of strikes?

Upon hearing the PM's speech on Saturday, hardline union CGT leader Philippe Martinez denounced what he said was “scandalous” behaviour from the ruling party and called for a new round of national walk-outs this week.

On Monday, several unions  – the CGT, Force ouvrière, CFE-CGC and FSU – called for another day of national action on Tuesday March 3rd, with strikes and protests all over the country. 

Exactly how much impact this will have though remains unclear.

The number of people showing up to the strikes has dwindled since its peak period of mid-December and organised 'protest days' in late January resulted in no significant disruption to rail or public transport services. 

The biggest union CFDT has so far not said it would join Tuesday's mobilisations.

READ ALSO: 1.4 million reimbursed SNCF train tickets – the numbers that tell the story of the strikes in France


French lawmakers push for abortion rights to be enshrined in constitution

After the seismic decision of the US Supreme Court on Friday, French MPs are calling for the right to abortion in France to be protected by the constitution.

French lawmakers push for abortion rights to be enshrined in constitution

Lawmakers from French President Emmanuel Macron’s Renaissance party are to propose a parliamentary bill on Saturday that would enshrine the right to abortion in the constitution. 

The move comes after the US Supreme Court overturned the landmark 1973 “Roe v. Wade” decision on Friday.

“In France we guarantee and advance the rights of women. We protect them,” said Aurore Bergé – the head of Renaissance in the Assemblée nationale and one of the key sponsors of the bill. 

Another co-sponsor, Marie-Pierre Rixain tweeted: “What happens in elsewhere cannot happen in France. We must protect the right to abortion for future generations. 

In 2018 and 2019, Emmanuel Macron’s party – which back then was known as La République en Marche – refused to back bills proposed by left-wing party, La France Insoumise, to enshrine abortion rights into the constitution. 

In a Saturday interview with France Inter, Bergé suggested that the success of Marine Le Pen’s Rassemblement National during parliamentary elections earlier this month had created a sense of newfound urgency. 

She described the far-right MPs as “fierce opponents of women’s access to abortion” and said it was important “to take no risk” in securing it. 

READ MORE France’s Macron condemns US abortion ruling

French Prime Minister Elisabeth Borne has come out in support of the bill. 

The left-wing opposition block, NUPES, also backs it and had planned to propose an identical piece legislation of its own on Monday. 

Macron is seeking parliamentary allies to pass reforms after his formation lost its majority in legislative elections earlier this month.

The legal timeframe to terminate a pregnancy in France was extended from 12 to 14 weeks in the last legislature.

Changing the constitution requires the National Assembly and Senate to adopt the same text, then a three-fifths majority of parliament sitting in congress. The other option is a referendum.