The Council of State has alerted the government to a risk of unconstitutionality of certain measures of its pension reform project, in particular concerning the senior index, confirmed, this Wednesday, February 22, the executive. The high court, when it examined the text filed by the government, sent the latter a note, alerting it to certain points, AFP learned from Matignon and a source familiar with the matter, confirming information from Point and World. The government did not follow the institution of the Royal Palace whose proposals have an advisory value.
This note was notably recovered from Matignon by the deputies Jérôme Guedj (PS) and Cyrille Isaac-Sibille (MoDem), as co-presidents of the Social Security evaluation and control mission. They got it on February 16. “I regret that this document, which could have shed light on our debates, was not communicated to us earlier,” declared the elected socialist on February 17.
The executive has chosen as a legislative vehicle a social security amending financing bill (PLFSSR), which offers it certain weapons, in particular to regulate the duration of debates in Parliament, to the chagrin of the opposition. In return, the measures of the text are supposed to have an impact on the finances recorded by the Social Security 2023 budget. employment of older employees by companies. Financial sanctions are foreseen in case of non-publication of the index. The sanction is spread over several stages depending on the size of the companies – for example from November 1, 2023 for those with at least 1,000 employees.
However, according to the Council of State, the expected effect on public finances in 2023 is uncertain, and the provision could be censored by the Constitutional Council. In other words, the financial dimension is not significant enough for the measure to be included in a budgetary text. Asked, Matignon believes that the measure “has its place” because “the proceeds of the penalty will feed the National Pension Fund from 2023”. The executive could, however, reintroduce it in a “full-employment” bill to come in the spring.” We consider that the text is intended to be valid from a constitutional point of view, I have no doubt that opposition will want to seize (the ) Constitutional Council to verify,” government spokesman Olivier Véran said on Wednesday.
Also reported by the Council of State: the cancellation from 2024 of the transfer of collection of contributions from the Agirc-Arrco supplementary pension scheme to Urssaf. “We will have the possibility of integrating it into the PLFSS for 2024”, estimates Matignon. The Council also alerted on support measures for permanent contract workers in the public service, and for medical visits for certain employees exposed to risk factors.
Several members of the government have suggested that certain measures, in particular on the employment of seniors, could be included in another law. The Minister of Labor Olivier Dussopt had specified that proposals on night work and arduousness would fall “at the regulatory level”. He also mentioned the PLFSS 2024 for certain measures concerning women, without specifying which ones.” The deputy from Essonne intends to use the arguments of the Council of State to counter the pension reform project when the text returns to the Assembly national, after the discussion in the Senate. Jérôme Guedj also wants to rely on this opinion during a future appeal to the Constitutional Council”, underline our colleagues from the Point.
