POLICY. While the draft enabling law to amend the labour Code has just been adopted, members of parliament from the parliamentary groups of the left have announced that they would seize the constitutional Council this week. Details.
Has barely been adopted, already attacked. The draft enabling law to legislate by orders of the labour Code was finally adopted by the Senate on Wednesday 2 August 2017. Thursday, 3 August, members of parliament from three parliamentary groups of the left (New left, France insubordinate, Gauché democrat and republican) and non-registered have announced by press release that they would put “this week” an appeal against this text in front of the constitutional Council. “It is expected to be filed Tuesday, August 8,”said a spokesman for the New left to Batiactu. “The architecture of the application is recorded. We are waiting the feedbacks of the lawyers. For us, the constitutional Council is not a room policy : our remedy will be only legal.”
A procedure carried out too quickly ?
The parliamentarians have two complaints key against this act. First of all, on the form, they believe that its adoption procedure has been too fast, so that it has “prevented the Parliament from exercising its constitutional role” and that it “ignores, such as the requirement of clarity and sincerity of parliamentary debate”.
On the merits, it is criticized the text for not being specific enough on the points on which the government wishes to reform by orders. The recquérant evoke on this point, article 38 of the Constitution.
Schedule for the ordinances for the strengthening of social dialogue
-From 21 to 25 August 2017 : presentation to the social partners of the early writings on these orders
-28 August 2017 : a reference to the Council of State on the draft orders
-On the 28, 29 and 30 August 2017 : consultation of the national Commission on collective bargaining, the Council of orientation of the working conditions, of the higher Council of Equal employment opportunity, the Conseil supérieur de la Prud homie, and finally the national Board of employment, training and vocational guidance (CNEFOP)
12th September 2017 : meeting of the social section of the Council of State
-14 September 2017 : general assembly of the Council of State
-20 September 2017 : presentation of orders in Council of ministers
-20 or 23, September 24, 2017 : publication of the ordinances in the Official Journal