This voluminous text also contains the transfer to private of the majority of the capital of La Française des Jeux and a reduction of the share of the State in the capital of Engie.
After receiving several appeals, the Constitutional Council approved, Thursday, May 16, the vast majority of articles of the Pact Act, including the privatizations of the group ADP, manager of Paris airports, and the French Games. This voluminous "Business Growth and Transformation Action Plan", which includes 221 articles, was finally adopted by Parliament on 11 April.
The Sages rejected the main argument of opponents of the privatization of ADP, saying it is not in a de facto monopoly because "There are other aerodromes of national or international interest in France". Aéroports de Paris is located, "On certain routes, in competition with road transport and rail transport", still note the Sages, who also ruled that ADP was not in the state a "National public service".
Green light maintained for a RIP on the privatization of ADP
The Constitutional Council had given the go-ahead on May 10 to a proposal for a referendum of shared initiative (RIP) supported by several opposition parties on the privatization of ADP, a decision that should delay its implementation of more than nine months and which the government found to be creating a "Dangerous situation for the conduct of public action".
In a statement, Laurent Fabius, president of the Constitutional Council, assures that there is "Full legal coherence" between the decision taken last week and that of Thursday validating the draft law Pact: the first "Is part of a procedure that allows, if it succeeds, to declare ADP" national public service ", which it is not today" ; the second "Confirms that today ADP is not a national public service and considers that it is also not a" de facto monopoly ", which, in accordance with the Council's case-law, makes it legally possible to privatization " writes M. Fabius.
The Council applied the same reasoning as ADP on competition to the Française des Jeux: it has exclusive rights, but which do not confer on it "A de facto monopoly within the gambling sector which also includes horse betting, casino games and online sports betting".
The Sages have "Dismissed the criticisms of substance" parliamentarians on "The application of several obligations in social matters" like raising the social thresholds.
Twenty-four articles censored for reasons of form
The Constitutional Council, however, censored twenty-four articles for "Link failure" with the initial bill. Amongst these provisions is Article 18, which provided for the shift from 2022 to 2025 of the ban on the production on French soil of certain pesticides sold only outside the European Union (where they are not authorized).
This provision, voted at a late hour by parliamentarians after heated debates in the Assembly, had been presented by the Government as a measure of 'Compromise'. It had elicited outrage from environmental organizations, who had denounced a "Setback" of the government in the face of "Pesticide lobbies".
Finally, the Commission has censured sections 213 to 215, which terminate the regulated gas and electricity sales rates.