La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Legislate by prescription: Reminder
Our new President of the Republic Emmanuel Macron plans to legislate by means of ordinances to reform labour law this summer. What does this mean in practice?
Article 38 of the 1958 Constitution provides that "The Government may, for the purpose of carrying out its programme, apply to Parliament for authorization to take by ordinance, for a limited period of time, such measures as are normally within the scope of the law.
In principle, laws are discussed in Parliament, and members of all political stripes have the opportunity to table various amendments to change the proposed law. These discussions make it possible, theoretically, to debate around a theme but concretely it is the political majority of the National Assembly that will vote the law as it sees fit. This parliamentary debate imposes rather long legal deadlines.
When Parliament authorizes the government to legislate by means of an ordinance, as stipulated in our constitution, everything speeds up since there is no parliamentary debate, the ordinance is drafted by the government and signed by the President of the Republic. As soon as it is published in the Official Journal, the text enters into force and its application is immediate. The ordinance is similar to a decree.
Parliament may subsequently approve or reject the ordinance. If he approves it, the ordinance will become law but if he rejects it, it will become null and void. The strength of the current government is that it has an overwhelming majority in the National Assembly. Therefore, Parliament will no doubt validate the orders. The only drawback that Mr. Macron and his government could encounter in reforming labour law is the obligation to consult with labour and management organizations. This obligation was introduced by the Larcher Law of 31/01/2017 on the "modernisation of social dialogue". However, this is qualified by the fact that the said law also provides that in cases of "proven urgency", the government may disregard this obligation of consultation. The coming weeks will show us to what extent the French unions will allow themselves to be forced to carry out such a reform, a matter to be followed....