Thursday, August 6, 2015

Macron Act, the Constitutional Council censure 18 articles – Le Parisien

August 6, 2015, 0:28 | Updated: August 6, 2015, 1:14

The institution was pronounced after its seizure by deputies and senators on 19 articles of the law, among which were not included an emblematic action text on the opening of shops on Sundays, which can in fact enter into force.

The Council censured in part or 18 products “adopted according to a procedure contrary to the Constitution”, in other words considered “legislative riders”.

These Articles include, in particular those allowing the highly contested draft Cigéo burial of radioactive waste by 2025. To the chagrin of environmentalists, an amendment was added to the initiative of Senator of Moselle, Gerard Longuet (Republicans) to endorse Landfill waste project in Bure (Meuse). Environmentalists had estimated that given the inadequacy of the amendment with the rest of the Macron law, the Constitutional Council was retoquer text.

Similarly, the Council censured easing communication on alcohol, which opened the way for more free publicity for wine as a product considered to be related to a gastronomic and cultural heritage. He also censured the articles on reform of chambers of commerce and trades, believing again that it was a “legislative rider”. “

The law also provided Macron reform the employment tribunal justice, including a cap on compensation for dismissal without real or serious cause, variable depending on the size of the company and the employee’s seniority. If validated the seniority criterion, the Constitutional Council rejected the one related to the size of the company, saying that “it would retain the criteria with a link to the injury suffered by the employee.”

Conversely, the Council has approved almost all articles on the reform of regulated legal professions, such as notaries, bailiffs, etc. The Macron law, the government passed by resorting to Article 49-3, avoiding a parliamentary vote, also contains provisions on the opening to competition of intercity bus lines, reform driving licenses, financing and corporate life, banking, etc.

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