For Pouria Amirshahi, “the Constitutional Council saved the labor law” – Challenges.fr

The sages decided. In only five censoring secondary measures of El Khomri law, the Constitutional Council has validated the key to the legislation advocated by the government. decision arouses bitterness Pouria Amirshahi, former PS deputy and opponent for the first time to the labor law. He had filed, with 60 of his fellow environmentalists, communists or the left wing of the PS, an appeal to the Constitutional Council to challenge the way had been held parliamentary debate. His argument was not accepted.

With 60 other members, you had filed an appeal before the Constitutional Council on El Khomri law . The wise do not give reason for validating (mostly) the text. Is it a disappointment?

I am neither surprised nor disappointed. Institutions are breathless. They are worn out, tired. These are the rules of an outdated system. I already said it a few months ago in an interview with World . I have not changed my mind. On the referral itself, I expected at least that the Constitutional Council recalls the basic rules on the two issues that were problematic. The first is that the requirement of a deliberate Cabinet before engaging the responsibility of the government through Article 49-3 was not respected. The Council of Ministers was consulted only once, on 10 May 2016. He should be three times. But the Constitutional Council ruled that the government was not obliged to do so because it was the same text. It is an interpretation …

The second reason for referral to the Constitutional Council concerned the preservation of the right of amendment. It is guaranteed by Article 44 of the Constitution. When considering the labor law, MPs have arranged that a very short time between when the text came out of the Committee on Social Affairs and the deadline for tabling amendments prior to its consideration at the meeting plenary. Less than 24 hours. The distance from which reports to a parliamentary working quality. But the wise have not ruled in our favor. The Constitutional Council saved the Labour Law.

Is this the end of the movement against the labor law? Or call you like the CGT and Force Ouvrière to continue the fight on the legal field by encouraging employees to file QPC (priority question of constitutionality)?

I want to go into a little bad player controversy. I know it puts an end to the institutional dispute. While stressing that it was right to enter the Constitutional Council had to rescue the labor law by holding that the rules relating to 49-3 and the right of amendment had been met. I will not be guilty of lese institution of crime. Now, from the time when wise validated much of the law, he remains the QPC. The mission of the Constitutional Council is to follow the procedures that are the twin sisters of law. Therefore there is operational conflict or interpretation in a business or even a branch, there may be a QPC employees. This can be clearly on Article 2 – the famous inversion of the hierarchy of norms – but also on other aspects of the text, such as occupational medicine, for example

I will not call directly. employees to file QPC. It’s not my role. It is that of employees and unions. Do would maintain a form of confusion. When I go in the world of work, I would answer you, perhaps.

What form will take following your mobilization in September?

It will continue this process of emancipation of parliament from the government, strengthen it. We are one of the few democracies in Europe not to do so. Later, with the fall will open a long sequence which should lead to presidential elections. In many ways, our system is producer presidential cretinism …