Committing the responsibility of the Government regarding a law or the limitation of the legislative power of the National Assembly

Article 49.3 of the French Constitution regarding the fixing of the retirement age

Authors

  • Marc Carrillo Universitat Pompeu Fabra

DOI:

https://doi.org/10.18042/cepc/redc.129.05

Abstract

Article 49.3 of the French Constitution of 1958 reflects the will to form a strong and stable Government in which the legislative and control function of the National Assembly is subject to an institutional asymmetry of subordination to the Executive. It is a combination of a question of confidence and a motion of censure that provides a proven constitutional weapon in favor of the Prime Minister, when he decides to commit political responsibility to the approval of the legislative project. Therefore, the Decision of the Constitutional Council of April 14, 2023, which has validated the constitutionality of the Law on rectifying financing of social security for 2023, cannot be surprising.

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Published

2023-12-18