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Macron signs French pension reform into law despite fierce protests

French President Emmanuel Macron signed his controversial pension reform into law on Saturday, defying three months of protests and pleas from unions not to implement the legislation.

Published: 15 April 2023 08:47 CEST

Emmanuel Macron's controversial pension reform became law after the text was published in France's official gazette on Saturday. Photo by Ludovic MARIN / AFP

The amendments became law after the text was published overnight in France’s official journal. This followed the approval on Friday by the Constitutional Council of the essence of the legislation, including the banner change of raising the retirement age from 62 to 64.

Unions warned they were calling for mass Labour Day protests on May 1, and sometimes violent demonstrations erupted in several cities overnight after the verdict was announced.

The battle to implement the law turned into the biggest domestic challenge of Macron’s second mandate, as he faced widespread popular opposition to the changes but also sliding personal popularity.

The nine-member Constitutional Council ruled in favour of key provisions of the reform, including raising the retirement age to 64 and extending the years of work required for a full pension, saying the legislation was in accordance with French law.

French unions on Friday warned that mass protests would be held on Labour Day, on May 1st. Photo by Julien DE ROSA / AFP

Six minor proposals were rejected, including forcing large companies to publish how many over-55s they employ, and the creation of a special contract for older workers.

The appearance of the text in France’s Official Journal – the gazette of record – means it has now been enacted into law.

“The Social Security Code is thus amended. In the first paragraph, the word ‘sixty-two’ is replaced by the word ‘sixty-four’,” states the text, referring to the retirement age.

“Not defeated”

But the constitutional court’s decision could prove a hollow victory for Macron, as analysts say it has come at a major personal cost for the 45-year-old.

The president’s approval ratings are near their lowest levels ever, and many voters have been outraged by his decision to ram the pensions law through parliament without a vote using a legal but controversial mechanism denounced by opponents as anti-democratic.

Polls consistently show that two out of three French people are against working a further two years.

A demonstrator holds a placard reading “Macron imposes, we explode”. Photo by Christophe ARCHAMBAULT / AFP

Macron has called the change “necessary” to avoid annual pension deficits forecast to hit 13.5 billion euros ($14.8 billion) by 2030, according to government figures.

“Stay the course. That’s my motto,” Macron said Friday as he inspected Notre Dame Cathedral in Paris, four years after a devastating fire nearly destroyed the gothic monument.

Government spokesman Olivier Veran said Macron’s address on Monday evening would be in the spirit of “pacification”

But the left-wing Liberation daily said in its headline above a picture of a protest: “Not defeated: opponents of the reform are not going to disarm”.

Bikes, e-scooters and garbage were set on fire in the capital overnight while protests rallying hundreds erupted in other cities, including Marseille and Toulouse.

In the western city of Rennes, protesters set fire to the entrance of a police station and a conference centre. Paris police said 112 people had been arrested as of 10:30 pm, while four have been detained over the Rennes incidents.

“Tidal wave” on May 1st

It remains to be seen if the months-long effort by trade unions to block the changes will continue after three months of strikes and protests.

Some 380,000 people had taken to the streets nationwide on Thursday in the latest day of union-led action, according to the interior ministry – a small fraction of the nearly 1.3 million who demonstrated at the height of the protests in March.

Unions issued a joint statement urging Macron not to sign the legislation into law, saying the issue was “not finished”.

The general secretary of the CGT union, Sophie Binet, called for a “popular and historic tidal wave” of people on the streets to oppose the reforms on May 1st.

🔴 Retraites : ce n'est pas fini !

« L’intersyndicale soutient les actions et grèves engagées et les initiatives intersyndicales de proximité
qui seront décidées localement. »

Communiqué de presse intersyndical ⤵️ pic.twitter.com/rrORpLs6hj

— La CGT (@lacgtcommunique) April 14, 2023

Last month, a strike by Paris garbage workers left the capital strewn with 10,000 tonnes of uncollected rubbish.

Train services, oil refineries and schools have seen stoppages since January.

In a second decision on Friday, the court rejected a bid from opposition lawmakers to force a referendum on an alternative pension law that would have kept the retirement age at 62.

France lags behind most of its European neighbours, many of which have hiked the retirement age to 65 or above.

Opponents of the changes say they penalise women and unskilled workers who started their careers early and undercut the right to a long retirement.

By AFP’s Stuart Williams

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Cohabitation

The far-right Rassemblement National of three-time presidential candidate Marine Le Pen and current party leader Jordan Bardella are tipped to be the party with most seats after the second round on July 7th.

If the RN and its allies did secure a majority in the Assemblée Nationale – and current polling suggests this is doubtful – Macron would find himself in a “cohabitation“, in which the president and government are from opposing parties.

Post-war France has experienced three such forced marriages. All were between the left and the centre-right with the last from 1997-2002 between President Jacques Chirac and Socialist premier Lionel Jospin.

Cohabitation: What happens in France’s political ‘forced marriages’?

A cohabition between the Macron and his far-right arch-enemies would likely be a much unhappier affair.

While the far-right would be able to implement part of its domestic programme, on, for example, curtailing immigration, only the president can call a referendum or trigger a vote on constitutional changes.

The president, who usually sets foreign and defence policy, could also find his hands tied if the RN appointed nationalist defence and foreign ministers opposed to his worldview.

Coalition

France has spurned coalitions since the post-war 4th Republic (1946-1958) when the country went through 22 governments in 12 years.

Since losing his parliamentary majority in 2022, Macron has sought to cobble together alliances in parliament on a vote-by-vote basis or to force through legislation without a vote rather than form a pact with another party.

The RN or the left could try do the same if they fall short of a majority but a minority government of the far-right or left would likely fail to pass a vote of no confidence.

Aware of the risks, RN leader Bardella has said he will refuse to become prime minister unless he wins an outright majority.

Macron’s camp hopes that in the event of a hung parliament it could form a coalition with moderates of the left and right.

As part of its outreach to possible allies, Macron’s party has not entered candidates in 67 constituencies where centre-right or centre-left candidates are running.

But Macron has limited his options by putting the hard-left La France Insoumise (LFI) — the dominant force in the NFP — on a par with the far-right in what he calls the country’s “extremes”. He accuses LFI of anti-Semitism, which it rejects.

Caretaker government

Another option would be for Macron to appoint a technocratic non-partisan government which all parties could get behind.

Camille Bedock, a political scientist at the Emile Durckheim centre in Bordeaux, cites the example of Italy, where respected former European Central Bank chief Mario Draghi formed a national unity government in 2021 when Italy was in turmoil. It lasted a year-and-a-half.

Bedock said Macron could also decide to leave the current government headed by his party’s Gabriel Attal in place in a caretaker capacity for a year. He could then call new elections.

This would have the benefit of ensuring continuity through the Olympic Games (July 26th – August 11th) when the country will be under intense global scrutiny.

Whether the far-right or left would support such a move, which would effectively buy Macron time to try turn around his presidency, is highly uncertain.

Macron resigns

The most dramatic scenario would see Macron resign if faced with the prospect of being neutered by the far right or the hard left.

Le Pen, who is expected to try succeed Macron in 2027 presidential polls, has warned that he “will have no choice but to resign” in the event of a “political crisis”.

Macron has vowed to remain on office until the end of his second term in 2027, whatever the outcome.

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