A close look, the decision of the Constitutional Council last Thursday censuring 19 of 143 articles of the Act of financing of social security for 2007 (LFSS) contains a severe education for the Government (see "Les Echos" from December 15-16). The "wise men" of the rue de Montpensier emerged, this time, in their natural position, frustrated to have not heard despite their wake kicked repeatedly on the requirement of legal certainty and quality of the Act (law clear and intelligible, theory of the funnel...). And the Council to censure the LFSS, "riders of the social", articles irrelevant, contrary to the constitution, poorly written...
First, under the amendments all azimuths. A true variety of what the Council does more. It was yet not fault, to its President, Pierre Mazeaud, of repeated that "the quality of the Act, the stability of the legislation and legal security are for us to daily concerns."
It is therefore a kind of warning without charge that wise men come to the Government, while the precipitated end-of-legislature number of discussions by declaring the urgency on important and complex texts such as the law of finance and the reform of the justice. Fault for the Government to comply with this new case law, it may not remain much of the texts on the eve of the elections. And for the understanding definitively to Parliament, the Council is has not gone this time by four paths.
"A troubling record."
"The Act of financing of social security for 2007 is a troubling record in terms of inflation, in the parliamentary review, a text which, by nature, should be picked up and loaned to a discussion centered on major issues relating to the financing of our social security system," begins by reminding the Council. And to continue further in its comments on the decision: "while considering, following the report of the Council of State of 2006 on legal certainty, to introduce a requirement for impact study prior to the preparation of draft legislation, it would be paradoxical to show indulgence for much less well early, collaborative arrangements, written, governed and filtered introduced by amendment in a statute to the procedure late-stage (and)."(, to a law passed in emergency, the discussion in the second before Assembly is already a late stage of the procedure).
And the Council to make a particular severity to what he sees little or no "abuse of amendment" in the LFSS, 71 articles had been filed, 143 articles had finally been adopted. First by censuring those presented by Senators and introduce a new spending which is contrary to article 40 of the Constitution then in reminding the Government priority of financial review by the National Assembly and by strengthening its jurisprudence on this point. So far, the novelty appreciated from the existing legislation and not the provisions submitted to the National Assembly. It is this last criterion that primera now. If this new jurisprudence applies certainly to financial texts, it is not unlikely that the elders decide also to also extend it to other texts examined at this time in emergency, both seems great their frustration to the laws written in "panic". They know that term they play the credibility of the Constitutional Council in the electoral context prompt to institutional changes.