How does article 49.3 work, which was triggered once more by Sébastien Lecornu to move the finances? | EUROtoday

The Prime Minister, Sébastien Lecornu, introduced on Friday January 30 that he was utilizing, for the third time, article 49 paragraph 3 of the Constitution within the National Assembly. This enchantment paves the best way for the ultimate adoption of the 2026 finance invoice, after 4 months of unsuccessful debates in Parliament. The head of presidency had, initially, dominated out the usage of this process, usually described as a “forceful passage”, within the title of looking for a compromise. But he determined to make use of it to beat the blockage of debates within the National Assembly.

By this alternative, Mr. Lecornu as soon as once more engages the duty of his authorities, which due to this fact finds itself uncovered to 2 motions of censure promised by the left (the “rebellious”, the ecologists and the communists) and the acute proper (the National Rally and the Union of Rights for the Republic). The rejection of those motions, throughout a vote scheduled for Monday, February 2, would end result within the computerized and definitive adoption of the state finances.

The Decoders summarize what that you must know to grasp how this system works and the doable penalties of its use.

A dedication to duty on a textual content

Not having an absolute majority within the Assembly, the federal government has the opportunity of “passing through” by having recourse to article 49.3 of the Constitution, which permits the direct adoption of a textual content of regulation, on this case the finance invoice (PLF) for 2026.

Indeed, this paragraph 3 of article 49 permits the Prime Minister, “after deliberation of the council of ministers”of“hold the government accountable to the National Assembly” on the vote on sure texts.

Since the constitutional revision of 2008, the usage of 49.3 has been restricted to a single authorized textual content per parliamentary session, apart from budgetary texts, for which the federal government can use it with out limitation.

The danger of the movement of censure

To have the state finances adopted via 49.3, Mr. Lecornu must provoke the system 3 times. A primary time for the examination of the half dedicated to income, a second for the half dedicated to expenditure and a 3rd on the whole textual content, upon its return to the Assembly after its examination by the Senate.

For every of those recourses to 49.3, deputies have the opportunity of submitting a movement of censure inside twenty-four hours. If this movement is supported by nearly all of deputies sitting on the Palais-Bourbon, the regulation is rejected and the federal government is overthrown. Conversely, if no movement of censure is tabled, or if the movement doesn’t get hold of an absolute majority, the regulation is adopted and the federal government continues.

According to this voting methodology, reversed in comparison with conventional votes, solely votes in favor of the movement of censure are taken under consideration. It is due to this fact not doable for elected officers to decide on the center place of abstention, as in different texts.

Widespread use below the Fifth Republic

Since 1958, article 49 paragraph 3 has been triggered greater than 100 occasions, together with 23 by Prime Minister Elisabeth Borne (2022-2024). The absolute document goes to the socialist Michel Rocard, who held his authorities accountable 28 occasions, at a time when the usage of 49.3 was not restricted. Conversely, a number of prime ministers have by no means used it, actually because that they had a big majority.

If opposition political teams have fairly often responded to those 49.3 with a movement of censure, just one has, for the second, led to the autumn of the federal government: that is the movement launched, in December 2024, towards the federal government of Michel Barnier, which had taken duty for the social safety financing invoice for 2025. In 1962, one other movement of censure had additionally resulted, resulting in the overthrow of Prime Minister Georges Pompidou, however this was triggered on the initiative of the deputies (article 49.2), and never following the federal government’s dedication to a textual content (49.3).