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, the executive confirmed on Wednesday.
The high court, when it examined the text tabled 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
Point
and
World
information
.
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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.
The executive has chosen as its 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. One of the proposals pointed out by the Council of State is the creation of a senior index, aimed at measuring the employment of older employees by companies.
Financial sanctions are foreseen in case of non-publication of the index.
A measure “that has its place”
However, according to the Council of State, the expected effect on public finances in 2023 is uncertain, and the provision could be censured by the Constitutional Council.
When questioned, 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 the opposition will want to seize (the) Constitutional Council to verify
," said government spokesman Olivier Véran 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 plan 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 employees in the public service, and for medical examinations 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 come under "
the regulatory level
".
He also mentioned the PLFSS 2024 for certain measures concerning women, without specifying which ones.
