Immigration Act: Joint Commission, Dissolution… A Lexicon for Understanding the Political Crisis

The National Assembly passed on Monday evening, by 270 votes to 265, a motion to reject the immigration bill introduced by the interior minister. This is a serious setback for the executive branch, which remains determined not to abandon the text.

After refusing to resign Gérald Darmanin, Emmanuel Macron confirmed on Tuesday that he was waiting for “follow-up action” and a government spokesman confirmed at the end of the Council of Ministers meeting that a joint joint commission (CMP) would be convened. ” as fast as possible “. Here’s a quick glossary to help you understand the chaotic path this bill has taken.

Bill or proposed law

Legislative initiatives belong to members of the government or parliamentarians (senator or deputy). Those that come from the government are called “bills.” The text is first adopted by the Council of Ministers, then transferred to one of the eight standing committees of the National Assembly, where deputies can change the text, for example by adopting amendments (see below). Once adopted, it is submitted to a public meeting for consideration and then to a vote of the two assemblies.

Initiatives emanating from parliamentarians are “legislative proposals”. The text will follow almost the same route, without passing through the framework of the Council of Ministers. It is expected to become law if placed on the agenda of the Palais Bourdon and adopted by both assemblies.

Change or right to change

An amendment is a change to a bill or proposed law submitted to a vote in the Assembly. The first paragraph of Article 44 of the 1958 Constitution provides that “members of Parliament and the Government have the right to introduce amendments,” that is, the right to propose changes to the text being considered by the assembly.

Following the amendment of the constitution on July 23, 2008, there is an overlap in the power of amendment with the possibility of “amendments in committee” on the one hand and “amendments in session” on the other. Monitoring the financial acceptability (Article 40 of the Constitution) of amendments during the session is the responsibility of the Finance Committee. Social acceptability testing is also carried out. This systematic control is carried out a priori.

The right to make amendments has certain restrictions not on the number of amendments made, but on their content. “Inadmissibility” can be opposed to an amendment in three cases: financial inadmissibility, substantive inadmissibility, procedural inadmissibility. The number of amendments introduced has increased sharply since the last legislative elections, with the presidential camp receiving only a relative majority.

Parliamentary shuttle

According to the Senate definition, “in accordance with the provisions of paragraph 1 of Article 45 of the Constitution: any bill or proposed law is considered successively in two assemblies of Parliament with a view to adopting an identical text. Typically, the final adoption of a text occurs as a result of its voting under the same conditions by the National Assembly and the Senate by moving the debated text back and forth between the two assemblies, usually called a shuttle. » Each subsequent exam is called a “reading”.

In principle, the shuttle continues through a second, third, fourth reading or even more, as long as there is disagreement between the two houses on all or part of the text. Cases of persistent disagreement can be resolved by convening a joint commission (see below) consisting of deputies and senators, in accordance with the provisions of paragraph 2 of Article 45 of the Constitution. The final word remains with the National Assembly if it is impossible to achieve the adoption of the text under identical conditions.

Motion to Dismiss and Vote of Censure

The motion for preliminary rejection under full title is aimed at ensuring that the text of the law is rejected even before it is considered in the National Assembly. Its purpose is “to recognize that the proposed text is contrary to one or more constitutional provisions, or to decide that there is no need for discussion,” as stated in Article 91 of the Palais-Bourbon. For each text under discussion, only one motion to reject can be discussed and voted on. If several groups submit the same application, a drawing is carried out to determine which of them will be discussed.

This type of proposal can be made once the text has been reviewed by the committee. It can be put to a vote during consideration in plenary session, the National Assembly website indicates: between the presentation of the text by the minister or deputy rapporteur (a stage called general consideration) and before the discussion of articles and amendments (called detailed examination).

A motion to reject is different from a motion of no confidence, which must be tabled by at least 58 MPs (one tenth of the Assembly) wishing to question the government’s responsibility. If an absolute majority votes for him, the government must resign, recalls the Palais-Bourbon regulations.

Joint Joint Commission (CMP)

This is a commission consisting of seven deputies and seven senators, appointed when necessary and responsible for developing a general draft of the provisions of the text, which remains under discussion between the National Assembly and the Senate after two readings or only one in an “emergency manner”. “

The Joint Joint Commission (CMP), an innovation of the Fifth Republic, is a commission consisting of seven deputies and seven senators, which can be assembled at the initiative of the prime minister or, since 2008, at the initiative of the presidents of the two countries. assemblies jointly to propose legislation, in case of persistent disagreement between assemblies on a bill or proposed law. Its members are appointed by the President of the Senate and the President of the National Assembly, who must take into account technical, political considerations and the balance between groups.

Its mission is to reach agreement between the two assemblies on a common text. This allows both chambers to defend their point of view. But also “to promote rapprochement of positions when disagreements arise during the shuttle (see above).”

Since 1959, two-thirds of CMP members have reached an agreement, according to statistics from the Senate website. The fact remains that shuttle adoption remains the normal method of passing laws (70%). Then 20% followed the convention in the CMP and 10% during the last word given to the National Assembly.

Dissolution

Dissolution is part of the specific powers of the President of the Republic provided for in Article 12 of the Constitution. This is the act by which he returns the deputies to the electors before the normal conclusion of the work of the legislature. In other words, dissolution terminates the powers of deputies in power and leads to the organization of new legislative elections. They must be organized within 20–40 days.

The president must first consult the prime minister and the presidents of the two assemblies before declaring dissolution, but he is not obliged to take their opinions into account, explains vie-publique.fr. Since 1958, five dissolutions have been announced (1962, 1968, 1981, 1988 and 1997). This presidential weapon is usually used to resolve a crisis or institutional blockage.

Dissolution could lead to cohabitation if the president’s party does not obtain a parliamentary majority after new legislative elections. The president will then be responsible for appointing an opposition member as prime minister.

Resignation

The opposition demanded his head, but it did not fall. The Minister of the Interior, Gérald Darmanin, submitted his resignation this Monday evening to the President of the Republic, who rejected it. The interior minister went to Emmanuel Macron rather than to head of government Elisabeth Borne.

For what ? Because just as ministers are appointed by presidential decree – at the suggestion of Matignon – their resignation must ultimately be confirmed by the President of the Republic. If in theory the prime minister had to offer the resignation of his interior minister to the head of state – who would accept it or not – then in practice “the formation of a government within the Fifth Republic is conditional on the Elysée”, according to public law professor Christophe Boutin.

In fact, nothing forces a minister to wait for anyone’s approval before leaving office. “We do not keep someone in office against his will,” concludes constitutionalist Jean-Philippe Desrosiers. According to him, this simply allowed Gérald Darmanin “to enjoy the support of the head of state.”