The National Rally and the New Popular Front tabled two motions of censure in the government of Michel Barnier this Monday, December 2, 2024, after it triggered article 49.3 to pass its draft budget of the National Assembly to the National Assembly. Social Security for 2025. Here's what these motions are and how they work in practice.
What is the purpose of a motion of censure?
A motion of censure is a text proposed by deputies to bring down the government in place. To be adopted, and therefore for the government to have to resign, this motion must be voted by an absolute majority, i.e. by 289 deputies. Unlike what is done for other texts, the number of deputies present on the day of the vote is therefore not taken into account in the calculation of the majority to be achieved.
As the site reminds us public-life these motions of censure are the main means of control of the government by the National Assembly, which is the only one that can table them (the Senate cannot overthrow a government).
Who can file a motion of censure and in what context?
To be valid, a motion of censure must be signed by at least 10% of deputies, or 58 deputies. As the National Assembly website points out, there are two types of motions of censure: those which come from an initiative of the deputies themselves (article 49.2 of the Constitution) and those which follow the commitment of the responsibility of the government on a legislative text (article 49.3) Note that, technically, the commitment of its responsibility by the government may not lead to any motion of censure. The text is then considered adopted.
A Member cannot sign more than three motions issued under Article 49.2 per parliamentary session (from October to the end of June for ordinary sessions). The signature total is, however, unlimited within the framework of article 49.3. Note that the use of this has, since 2008, been limited to budgetary texts and only one other text per parliamentary session, which still contributes to limiting the number of motions that can be signed.
What does the filing of a motion of censure trigger?
Within the framework of article 49.3, this deposit must take place within 24 hours after the government assumes responsibility. So-called “spontaneous” motions of censure (those linked to article 49.2) obviously have no constraints of this type.
A motion of censure cannot be debated within 48 hours following its submission (to avoid “emotional votes” indicates the Palais Bourbon website). But, on the other hand, they must be debated within three days following this 48-hour deadline.
On election day, only those MPs who are in favor of the motion of censure proposed for voting take part in the vote. This takes place in the lounges adjacent to the meeting room and is open for only 30 minutes.
If 289 deputies vote for the text, the government falls, and the Prime Minister must present his resignation to the President of the Republic, as stipulated in article 50 of the Constitution. If the motion is not adopted, the government remains in place and, in the case of article 49.3, the text on which the government has taken responsibility is adopted.
Are motions of censure often filed?
Yes. The site public-life believes that, since 1958, it has been done “great use” of these motions. According to counts presented on the National Assembly website, around 150 motions of censure have been tabled since 1958.
It happens, in the event of recourse to article 49.3 in particular, that several motions of censure are filed simultaneously.
Has a government ever fallen because of a motion of censure?
Or, but only once. In 1962, a motion of censure filed within the framework of article 49.2 brought down the government of Georges Pompidou. It was filed to challenge the President of the Republic's use of the referendum on Article 11 of the Constitution to modify the Constitution, with a view to establishing presidential elections by direct universal suffrage.
Motions of censure tabled within the framework of article 49.3 have never led to the fall of a government.
