French Government Considers Article 49.3 or Budget Ordinances to Pass 2026 Budget Amid Political Tensions

The French government is currently weighing two constitutional tools—Article 49.3 and budget ordinances—to pass the 2026 budget law, highlighting a politically sensitive moment in the legislative process. Article 49.3 allows the government to adopt legislation without a parliamentary vote unless a motion of censure is adopted. This technique had been initially ruled out by Prime Minister but is now under consideration due to political gridlock.

Government spokesperson Maud Bregeon expressed on Franceinfo a preference for compromise, citing efforts made in good faith to find consensus. However, alternatives have narrowed, bringing the option of budget ordinances into focus. These ordinances permit the government to enact the budget without full parliamentary approval, provided certain conditions are met, including a 70-day debate period. Unlike Article 49.3, ordinances can result in the budget passing even if a motion of censure is later successful, though they require the government to accept the initial bill text without parliamentary amendments.

This path is widely seen as politically risky. Boris Vallaud, the leader of the Socialist Party deputies, warned that resorting to ordinances "would set a dangerous democratic precedent" and could trigger immediate censure. Constitutional experts have also pointed out that the ordinance procedure reduces parliamentary influence over the budget debate, limiting lawmakers’ ability to amend the bill.

The council of ministers is actively discussing these mechanisms amid a tense political atmosphere, with government officials emphasizing their wish to avoid resorting to constitutional shortcuts but preparing for a deadlock. The choice between using Article 49.3 or ordinances embodies the government’s challenge to pass a contentious budget law amid a fragmented parliament and opposition pressure.

These developments follow previous commitments by the Prime Minister to avoid forcing the budget through parliament without agreement. The ongoing debates and government statements underscore the delicate balance between upholding democratic processes and ensuring fiscal legislation passage in 2026.