can the government legally suspend the article on the retirement age at 64?

Discussions are continuing between the government and the left-wing parties on the preparation of the 2025 budget. The PS has requested the suspension of the application of the extension of the retirement age to 64 for six months. Is this feasible?

Will the government succeed in negotiating a non-censorship agreement on the budget with part of the New Popular Front? Discussions continued all week at the Ministry of the Economy, in particular with the PS, the PCF and the Ecologists. The suspension of the very unpopular pension reform could satisfy a large part of the left, and lead to a non-censorship agreement.

The starting age of 64 crystallizes opposition and a question arises: can the government legally suspend only the article of the law which pushes the starting age to 64? It is feasible, despite François Bayrou’s innuendoes in December. The head of government ruled out freezing the pension reform so as not to suspend aid for small pensions as provided for in the text: “In the reform, there are advantages in particular for small pensioners, who will receive 60 euros more for a pension of 1 000 euros.”

But in fact, the government can perfectly well only suspend the postponement of the starting age to 64 by a simple decree, explains constitutionalist Dominique Rousseau: “The decree implementing the retirement age of 64 has been taken, the Prime Minister still has the possibility of modifying the implementing decree. He could issue an implementing decree implementing the the article of the law which sets retirement at age 64 to six months.”

The other solution is to pass a law but it takes much longer. “We have to submit a bill, it has to be examined by the Council of State. It has to be voted on by the National Assembly, then by the Senate. There is a shuttle. There is perhaps be a joint joint commission.” In total, the legislative process would take up to six months according to Dominique Rousseau.

Nothing therefore obliges François Bayrou to suspend the entire pension reform and it is in fact impossible. The government cannot issue a decree that would suspend 100% of pension reform. There is only one solution: “Only a law can undo what a law has done”explains constitutionalist Dominique Rousseau.

To suspend the entire pension reform, and not just a specific article, François Bayrou should therefore have a law passed by Parliament. It is not possible otherwise. Moreover, after his appointment, the head of government brushed aside this request from the socialists: “What world do they live in?”he then got angry.