What is this article 49.2 of the Constitution, which the PS is going to use to file a “spontaneous” motion of censure ?

Le juriste et professeur de droit constitutionnel Dominique Rousseau. Midi Libre – SYLVIE CAMBON

Dominique Rousseau, juriste et professeur de droit constitutionnel, détaille le rôle de cet article. Le parti socialiste entend l’utiliser après le vote du budget de ce mercredi 5 février.

While not all French people have become specialists in constitutional law since the start of Emmanuel Macron's second term at the Élysée, it is clear that the instability of the political situation, particularly in recent months, has led them to become familiar with certain concepts previously unknown to most people.

This is the case with Article 49.2, the latest of these unsuspected provisions hidden in the folds of the Constitution written in 1958.

Reacting to the “feeling of submersion”

An article that the Socialist Party intends to use after the budget vote next week in order to table a “spontaneous” motion of censure. And to react in this way to François Bayrou's remarks on the “feeling of submersion” migration.

It is a question of protesting against “a form of trumpification of the public debate under the influence in particular of Bruno Retailleau”, justified Olivier Faure, first secretary of the PS, Tuesday on France Inter.

200% Deposit Bonus up to €3,000 180% First Deposit Bonus up to $20,000

“On the sole initiative of the deputies”

But what is this article 49.2 of the Constitution the name of? The response of Dominique Rousseau, jurist and professor of constitutional law: “The A motion of censure provoked occurs after the use of 49.3 by the government. 49.2 is the sole initiative of the deputies”. We then speak of a motion of censure “spontaneous”, because there is no need for a text initially proposed by the government to justify it.

Similar mechanism

Otherwise, Dominique Rousseau continues, “the conditions and mechanism are the same as for a motion of censure tabled in response to the use of 49.3. With 49.2, the motion of censure must also be signed by a minimum of 58 deputies (one tenth of the members of the Assembly, Editor's note), with the same 48-hour deadline before the debate and vote in the chamber.”

A vote whose The modus operandi remains the same: only those deputies in favour of the motion of censure participate, and it can only be adopted by an absolute majority, which therefore requires at least 289 votes.

Only one motion of censure has succeeded

After specifying that Article 49.2 can be used at any time during a parliamentary session (but not more than three times), it should be noted that in the history of the Fifth Republic, 66 motions of censure “spontaneous” have been tabled.

Only one succeeded, the one that brought down the government of Georges Pompidou on October 5, 1962. No other, no more “spontaneous” than “provoked” has succeeded.

“Sans risk”

It remains to be seen, beyond the constitutional aspect of this practice, what Dominique Rousseau thinks of the Socialist Party's initiative:“On a political level, it is clever of the PS to use this 49.2. It is without risk, because I do not see the RN voting for this motion of censure, which is against ideas that they defend, such as migratory subversion. And it could be a compromise within the PS group, between those who wanted to censure the budget and those who did not want it. And then the PS thus shows that it remains in the opposition…”

“Will LFI vote for it ?”

And the one who was a professor of constitutional law at the University of Montpellier added: “It is a motion of censure that concerns values, so it will force the other three components of the New Popular Front to position themselves. La France Insoumise for example. Will they vote for it ? If they don't, it will make them appear as moving away from republican values, secularism, etc. On the other hand, if LFI, the Greens and the communists sign it, the PS will demonstrate that it can bring together the entire left.”

One question remains: “How will the French understand all this ? I don't know…”

I subscribe to read the rest