The French Constitutional Council approved the main points of the unpopular pension reform this Friday. Despite censoring some ancillary articles, President Emmanuel Macron can now sign legislation raising the statutory retirement age from 62 to 64. The Supreme Court has rejected the initiative for a referendum which, if successful at the end of a long and complex road, would have annulled the recently passed reform.
The decision of the Constitutional Council, synonymous in France with the Spanish Constitutional Court, represents a victory for Macron and his reform after months of political and social crisis and a defeat for those who have been opposing it for months, from the unions to the left and extreme opposition. But it’s a bittersweet victory. The social and political costs were high. And the veto of the Wise Men – as the nine members of the Constitutional Court are known – on part of the law will open a debate on whether it should be tried again. The court was also given until May 3 to consider a new initiative to hold a referendum. If adopted, it would open a window of hope for opponents of the reform.
Protests against the French pension reform, this Friday in Paris. Photo: Julien Mattia/Le Pictorium Via Z/dpa
Few decisions of such political importance and so much anticipation have been remembered in the institution, which is headed by former Socialist Prime Minister Laurent Fabius and whose nine members include one of his successors, the conservative Alain Juppé. The headquarters in the Royal Palace complex was protected by law enforcement agencies. The Interior Ministry had banned gatherings in front of the building. Authorities fear a night of unrest in Paris and other cities.
It’s not clear if the constitutional arbiter’s decision calms sentiment after months of mobilizations and strikes, no-confidence motions, tensions and insults in the chamber, and a divorce between Macron and the public that could strain the remaining four years of his life, second and final five Years in the Elysée Palace. But the President will be able to say that he has fulfilled his campaign promise. The mother of all reforms – the one that had to show that against all odds he was the leader capable of transforming France – will become a reality.
It is now uncertain whether the unions, which after more than a decade of division have joined over pension reform, will end the demonstrations and strikes or whether they will continue. The next mobilization will coincide with May Day.
Subscribe to EL PAÍS to follow all the news and read without limits.
subscribe to
“Although the Constitutional Council’s decision completes the institutional sequence, the political fate of pension reform is not yet sealed,” said Marine Le Pen, leader of the extreme right and leader of the first opposition group in the National Assembly. “Since the people always have the last word, it will be up to them to prepare the change that will correct this useless and unjust reform.” Jean-Luc Mélenchon, leader of the populist left, said that the constitutional decision “shows that it pays more attention to the needs of the presidential monarchy than to those of the sovereign people”. And he added: “The struggle continues and must continue to unite.”
The court’s decision responded to several appeals by the far-left and far-right opposition, and another by the Prime Minister herself, Élisabeth Borne, to ensure the law’s constitutionality. The opposition questioned whether the “sincerity and clarity” of parliamentary debates had been respected. And he accused the government of “procedural manipulation” because it used a finance law for the reform instead of a classic law.
The wise have accepted the use of a finance law to authorize the reform. They accept the use of Article 47.1 of the Constitution, which allowed the government to shorten debates. There is nothing wrong with Macron’s appeal to the controversial Article 49.3 of the Constitution, which allowed the passage of a law without a parliamentary vote. They also fully endorsed the government’s rationale for raising the retirement age: “By adopting the contested provisions, the legislator wanted to ensure the financial balance of the PAYG pension system and thereby guarantee its continuity. In particular, it has taken into account the increase in life expectancy”.
The court has reprimanded, in whole or in part, six of the 36 articles of the 2023 Social Security Financing Correction Act, the full name of the reform. Paradoxically, some of these articles were included in the text to give it a more social touch, and some were the most acceptable to the opposition. However, according to the Wise Men, they did not fit the format of a finance law and had no impact on Social Security accounts. These are among other articles those encouraging companies to hire older workers. One of the problems with the reform is that it is forcing citizens to extend their working lives while companies are cutting back on the over-60s. Only 35% of this age group are on the labor market in France; in Germany it is 61% according to OECD data.
Thousands of people took to the streets in Paris this Friday to protest Macron’s pension reforms. DPA via Europa Press (DPA via Europa Press)
A protester holds a torch during protests against Macron’s pension reforms in Paris this Friday. DPA via Europa Press (DPA via Europa Press)
The security forces immobilize a demonstrator this Friday in Paris. DPA via Europa Press (DPA via Europa Press)
Young people and students protest in Paris this Friday JULIEN DE ROSA (AFP)
The parliamentary left has failed in an attempt to get the Constitutional Court to uphold an initiative to hold a referendum that would have set the retirement age at 62. The wise men have pointed out that according to the constitution, such a referendum must promote “reform”. And in this case, it was literally no reform, as the retirement age is still 62 and awaiting Macron to promulgate the law raising it to 64. The left will get a new chance since on Thursday they made another appeal in favor of the referendum with an article that allows arguing that it is in fact a reform proposal.
The judgment closes a chapter on the arduous path of pension reform. Borne submitted it on January 10th. The rejection came immediately and massively. Seven out of ten French were and are against the law. On January 19, the first national strike and demonstration day took place. This Thursday was the twelfth. Meanwhile, France has endured a bumpy legislative process with accusations of “ideological terrorism” against the far left and “authoritarianism” against Macron. Top politicians like the moderate trade unionist Laurent Berger speak of a “democratic crisis”.
Although the strikes have never succeeded in paralyzing the country, first and second, the rejection of public opinion has been of considerable duration. Opposition has barely subsided in the polls, although attendance at the demonstrations has declined in recent weeks. Another recent phenomenon has been the outbreak of violence between small groups of protesters and reports of police excesses.
The Constitutional Council consists of nine members nominated equally by the Presidents of the Republic, the Senate and the National Assembly. His term of office is nine years. Six are men and three are women. Of the nine, five are former politicians (two Macronists, two Conservatives and one Socialist). The average age is 72 years.
Follow all international information on Facebook and Twitteror in our weekly newsletter.