In January 2015, in a forceful declaration, French president François Hollande officially announced a break with the Socialist program, which had been the basis of his 2012 presidential campaign. It was a sharp turn toward a more liberal, market-oriented policy. The Loi Macron, named after the young (33-year-old) Minister of Economy Emmanuel Macron, was to embody the new trend.
Expecting that the law would not pass, the government decided to use a joker – the article 49.3. It was a gamble since, in the event that the motion de censure (vote of no confidence) of the opposition succeeded, the government of Manuel Valls would be disavowed and fall. But the motion de censure received only 234 votes when it needed the absolute majority of 289. The law passed.
The article 49.3 is included in the constitution of the Fifth Republic. It allows the government to act in force to push a text through the Parliament without the need of a vote. It is a powerful but dangerous device. It has been used 82 times since 1958.
The last time was in 2006 when Dominique de Villepin, under the presidency of Jacques Chirac, tried to promote the Contrat Premiere Embauche, or CPE (first hiring contract). The students demonstrated in the streets. Shortly thereafter the CPE received national funerals. The champion of article 49.3 was Michel Rocard who in the late 1980s used it 28 times.
After 200 hours of consultations and 1,500 amendments granted by the government, it looked as though each article had been accepted separately. And yet, by the time of the final vote on Feb. 17, the far right (Front National), the far left (Front de Gauche), most of the right (UMP), and the 40 Frondeurs, or splinter group from within the Socialist party, joined in an alliance to put road blocks to stop the government’s proposal. Manuel Valls and Emmanuel Macron made their concluding speeches among jeers and interruptions. On the face of many deputies could be seen a rather despicable sarcasm.
In fact, the manoeuvre of the government deserves to be applauded since, to push a text in force, was the only way for the Executive to succeed. The Loi Macron reperesents an enormous task attempting to reform the fabric of French society. It meant dismantling the century-old system of privileges and protected niches enjoyed by whole segments of the population, including the five million civil servants, known as notaires — in France, notaires are a specific type of French attorneys overseeing all legal transaction while collecting taxes on behalf of the government, doctors, veterinarians, taxi drivers, auction houses officials, etc.
All the professions are regulated and benefit from a a special satus. The right to work on Sundays, and allowing intercities busses were hard-won victories. Only indirectly, the Loi Macron dealt with unemployment and ways to jump-start the economy.
The law is insufficient and has its defects, but is a step in the right direction. It represents a real effort to bring changes and to satisfy Brussels. Angela Merkel, in Paris for more discussions about the Ukraine, expressed her satisfaction.
About the author: Nicole Prévost Logan divides her time between Essex and Paris, spending summers in the former and winters in the latter. She writes a regular column for us from her Paris home where her topics will include politics, economy, social unrest — mostly in France — but also in other European countries. She also covers a variety of art exhibits and the performing arts in Europe. Logan is the author of ‘Forever on the Road: A Franco-American Family’s Thirty Years in the Foreign Service,’ an autobiography of her life as the wife of an overseas diplomat, who lived in 10 foreign countries on three continents. Her experiences during her foreign service life included being in Lebanon when civil war erupted, excavating a medieval city in Moscow and spending a week under house arrest in Guinea.