Could Forced Reform and Constitutional Crisis Lead to Government Retirement? Taking Risks to Save the System

by | Apr 10, 2023 | Retirement Pension | 40 comments




French President Emmanuel Macron ordered his prime minister to wield a special constitutional power on Thursday that skirts parliament to force through a highly unpopular bill raising the retirement age from 62 to 64 without a vote. His calculated risk set off a clamor among lawmakers, who began singing the national anthem even before Prime Minister Elisabeth Borne arrived in the lower chamber. She spoke forcefully over their shouts, acknowledging that Macron’s unilateral move will trigger quick motions of no-confidence in his government. The fury of opposition lawmakers echoed the anger of citizens and workers’ unions. Thousands gathered at the Place de la Concorde facing the National Assembly, lighting a bonfire. As night fell, police charged against the demonstrators in waves to clear the elegant Place, but hundreds remained nearly an hour later. For more on the ensuing ‘constitutional crisis,’ FRANCE 24 is joined by Eric Fassin, Professor of Sociology in the Department of Political Science, Department of Gender Studies and the Laboratory of Gender and Human Sexuality Studies (CNRS / University of Paris VIII / Paris-Ouest).

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In recent months, the term ‘force majeure’ has been frequently used by those advocating for radical reforms in different sectors of the society. This term refers to an unforeseeable event that is beyond human control, such as the COVID-19 pandemic or a natural disaster, which may justify the imposition of drastic measures that go against the established norms.

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The use of force majeure to push for reforms, however, carries enormous risks, as it undermines the rule of law and democratic institutions. In the case of governments, it may lead to a constitutional crisis and the collapse of the legal system. The question remains, can the government survive a constitutional crisis borne out of force majeure?

The recent events in India provide a glimpse of how this scenario could unfold. The Indian government, using the excuse of the COVID-19 pandemic, introduced several controversial reforms, including the abrogation of Article 370, a provision that granted special status to the state of Jammu and Kashmir. This move was met with widespread protests and legal challenges, leading to a constitutional crisis that has yet to be resolved.

Similarly, in Nigeria, the government has used force majeure to justify the suspension of Twitter, a move that has been widely criticized as a violation of human rights and an infringement on freedom of expression. This action has further raised tensions in a country already grappling with ethnic and religious divisions.

At the heart of the matter is the question of whether force majeure should be a mechanism for circumventing the established legal process. While proponents argue that it allows for swift and decisive action during emergency situations, critics argue that it sets a dangerous precedent for autocratic rule by disregarding the rule of law.

The risks associated with risking it all through force majeure are not limited to the immediate consequences of the actions taken. A constitutional crisis can have severe long-term consequences for a country, including a loss of confidence in the government and the legal system, economic instability, and political polarization.

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In conclusion, while force majeure may have its place in exceptional circumstances, it should not be used as a vehicle for radical social, economic, and political reforms. Instead, the government should rely on democratic processes that allow for meaningful dialogue and engagement with citizens to effect positive change. It is imperative that the government maintains its responsibility to respect the rule of law and the institutions that uphold it. Only through these key principles can stability and progress be achieved sustainably.

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40 Comments

  1. RobertMOdell

    It's like when Nixon took the dollar off the gold standard without a vote of Congress.

  2. Esty Naty

    When institucions don't work properly anymore and there is no hope of getting better, they should be replaced.

  3. Devin R

    This was really good reporting. The guest was great. The guest brought up some very good and interesting points.

  4. Astovoc Azrro

    Lots of people criticizing the French people and asking why they don't want to work even more for even less. For thousands of years most humans have lived in poverty with a few ultra wealthy ruling over them. The only thing that has changed is the gap between poor and rich is larger than even before, and those very same rich people are telling the poor they need to work more.

  5. Ηλιας Γεραλντο

    bla bla democracy may i remind the gentleman that the streets were against abolition of death penalty, the streets were against refugees, the streets were againts gay marriage,the streets destroyed businesses in 2019
    the french live in delusion… especially since covid … free endless money. those days are over mister sociologist. the french work the least , retire the earliest, with then highest pension and refused to put any form of capitalization in the system. one french economist recently said the french pensin system was a ponzi scheme. rightfully so. for decades the french have done nothing to improve their system and now the french economy isn’t in bankruptcy merely thanks to,the euro,and the shortsightedness of markets who believe germany will bail out France. until,it doesn’t and the french will again take their anger to,the streets and blame their leaders for what They the streets have forced them to do over the last 40 years. time to grow up

  6. Biswaroop Maiti

    In the rest of the world, people don't want to retire; they want to work longer and for more years. What's wrong with the French public? Why do they want to retire so early? This is so confusing!

  7. Kimah Bayne

    This is what democracy has come to? Elected fascist governments. Not responding to the people but just doing what they feel like. The oligarchs got this world in crisis

  8. Hubert Hanks

    Macron is forced to raise the retirement age so French taxation will help fund all the illegal immigrants he allows across the French borders. If anyone voted for this former investment banker as President, you only have yourself to blame.

  9. Maarifa

    You can say whatever you want to say about this bill, but this bill is not illegal or illegitimate. It is totally constitutional.

  10. Dr.Nandish Purli

    It was warned before, with recession looming and war needs deep pockets and choosing war is not wise post covid economic recovery period. PRC uses such things for their propaganda and for their projects… what if PRC provide literature and moral justification for Revolution in EU especially in economic crisis post covid period. it's the picture.

  11. Anita Drink

    Wait so France is literally trying to rob it's people. Trying to take their money, life, and wellbeing. Not just money but health also. If you don't have money or a job because you are in retirement you cant pay for medical procedures. So what do the French do? They protest. Then the government goes to WAR with it's own people on the streets with tear gas and batons! The government should be trying to help it;s citizens not hurt them. We
    need a REVOLUTION in AMERICA and EUROPE!!!

  12. Danzig

    If Macron passes this, he should be forced to live on nothing but a typical pension as well

  13. Atats Mail

    Macron is capitalist
    No wonder they riged
    The election, le pen was
    The winner .

  14. Павел Казьмин

    Where is US with its democracy, human rights and support for the protesters?! No maidan in France? (

  15. Louis Giokas

    This idea that mass protests are the will of the people is all bunk. Let me give you an example form the US. During the Vietnam War there were frequent mass protests, at least on a par with what we see today in France (and Israel, another situation). And yet, in the 1972 election, Richard Nixon won by a landslide. He was not anti-war. The news media likes these protests because they provide material to fill out their programs. What matters is what the government can legitimately do.

  16. Sazzbot

    I hope french people wins. I just don't know who is right or wrong. Economy is messed up right now.

  17. John Kelly

    Macron would've been retired already.

  18. John Kelly

    If the left had united behind Melonchon in the last presidential election would've been retired already.

  19. GROWUP GROWUP

    Constitutional crisis? ART.49.3 has been there since1958. It has been used several times so far.

  20. rolback

    So when a mob screams and yells that’s who the government should follow?

  21. Lucas Malki

    The French have demonstrated against any retire reform before. Not an exception this time.
    Good that Macron is going ahead with a presidential executive order .

  22. Be yourself

    It's strange to find parliament going into motion ignoring mass's demonstration as all states exploits,executes,fill custody,deprive,harrass minorities with no solution for centuries. It's now or never

  23. Pushpendra Rajput

    They wanna Destroy Russia…now look at that they are destroying themselves slowly.

  24. L. Matthew Blancett

    love how he acts like its macrons problem that france cant afford its pensions. hes the last responsible one there

  25. EMS

    Honestly, as much as I admire the French, I think Macron was doing the right thing with this pension reform. Social democracy is the standard in Europe and it's proven to be a great success overall. However, we all need to accept the reality that it is expensive. And an honest political leader will tell his people when changes need to be made to sustain it. I'm sorry, my French friends,but when we are all living longer lives, it is absolutely reasonably to look at pragmatic reforms like this

    I do not see much realism coming from the side of the opposition this time.

  26. Gilder von Schattenkreuz

    The French Revolting against whatever their Government does is at this point basicly considered a tradition.
    No wonder that even the French Government doesnt bother trying to avoid it anymore.

  27. Twang Shanty

    Bring back the mandatory dust masks, that'll fix it.

  28. DUC HUY

    ECB will set the term regardless what govt is in charged, the German holds the check books. Just like Greece.

  29. Vahid Buljkic

    French Revolution 2.0

  30. GT500

    I love the Wagner mercenaries

  31. Walt Van Court

    Don't they have better things to do , is this how they socialize and have fun. They want free stuff

  32. M K

    Interest rate is currently at 4.75%(8th rate hike since March last year) Inflation at 7% and mortgage rates is at over 7.5% but yet minimum wage remains the same and my retirement portfolio has suffered tremendously these past years, so my question is how do senior citizens retire and live off such unstable economy. The long term game is obviously not for me at this point.

  33. David Dunning

    Welcome to Canada where corruption rules.

  34. Rn Kn

    The loss of political legitimacy is significant. Presumably the reform was forced because it is perceived as a calculable reality. Economics tells us pensions are calculable, and unfunded liabilities are as predictable as gravity. If the electorate and parliament mobilized against the laws of physics, a vast majority would not change reality, they would still be wrong. However< economics is demonstrably wrong. It is almost non-sensical. We are falling victim to capitalist realism in everything. Economics, and the economy it mandates are what need to change.

  35. iqbal sohel

    democracy in crisis .

  36. Luz perez

    Making money is an action. Keeping money is behavior. Growing money is knowledge..

  37. The Rainforest

    Stay off your knees, humanity!!!!

  38. R R

    Vive la France ! Vive la République !
    Meaningful National Anthem :

    Let's go children of the fatherland,
    The day of glory has arrived!
    Against us tyranny's
    Bloody flag is raised! (repeat)
    In the countryside, do you hear
    The roaring of these fierce soldiers?
    They come right to our arms
    To slit the throats of our sons, our friends!

    Grab your weapons, citizens!
    Form your battalions!
    Let us march! Let us march!
    May impure blood
    Water our fields!

    Verse 2:

    This horde of slaves, traitors, plotting kings,
    What do they want?
    For whom these vile shackles,
    These long-prepared irons? (repeat)
    Frenchmen, for us, oh! what an insult!
    What emotions that must excite!
    It is us that they dare to consider
    Returning to ancient slavery!

    Verse 3:

    What! These foreign troops
    Would make laws in our home!
    What! These mercenary phalanxes
    Would bring down our proud warriors! (repeat)
    Good Lord! By chained hands
    Our brows would bend beneath the yoke!
    Vile despots would become
    The masters of our fate!

    Tremble, tyrants! and you, traitors,
    The disgrace of all groups,
    Tremble! Your parricidal plans
    Will finally pay the price! (repeat)
    Everyone is a soldier to fight you,
    If they fall, our young heros,
    France will make more,
    Ready to battle you!

    Frenchmen, as magnanimous warriors,
    Bear or hold back your blows!
    Spare these sad victims,
    Regretfully arming against us. (repeat)
    But not these bloodthirsty despots,
    But not these accomplices of Bouillé,
    All of these animals who, without pity,
    Tear their mother's breast to pieces!

    Sacred love of France,
    Lead, support our avenging arms!
    Liberty, beloved Liberty,
    Fight with your defenders! (repeat)
    Under our flags, let victory
    Hasten to your manly tones!
    May your dying enemies
    See your triumph and our glory!

    We will enter the pit
    When our elders are no longer there;
    There, we will find their dust
    And the traces of their virtues. (repeat)
    Much less eager to outlive them
    Than to share their casket,
    We will have the sublime pride
    Of avenging them or following them!

  39. Raaf

    In other countries people retire at 67, the french really need to get a grip on reality…

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