The Constitutional Council censures a provision on work stoppages in the Social Security budget

Free morning after pill, rising tobacco prices, internship for general practitioners extended by one year... The emblematic measures of the Social Security financing law, definitively adopted by Parliament on December 2, have been validated.

Red light, on the other hand, in front of article 101, which provided that work stoppages prescribed in teleconsultation by a professional other than the attending physician or a doctor seen during the last 12 months would no longer be reimbursed.

According to the Constitutional Council, these provisions "may have the effect of depriving the socially insured (...) of the payment of daily allowances even though a doctor has noted his physical incapacity to continue or return to work".

For this reason, the article in question is not in conformity with the 11th paragraph of the preamble to the 1946 Constitution, according to which "every human being who (…) is unable to work has the right to obtain community of suitable means of existence", consider the sages of the rue de Montpensier in their decision.

The Constitutional Council has also censured 11 other provisions considered to be "social riders", which according to him had no place in a Social Security budget. However, these measures may be included in other texts.

This is particularly the case of article 39, which provided that dental surgeons, midwives and nurses had "a vocation to contribute to the permanence of care".

Same thing for article 42, which aimed to limit the possibility, for certain health establishments, medical biology laboratories and medico-social establishments, of resorting to temporary work with staff at the start of their career.

The Elders, on the other hand, proved wrong to the deputies on the left who had filed an appeal on the conditions for the adoption of the text via the constitutional weapon of 49.3. In doing so, "no constitutional requirement has been disregarded" by the executive, says the Council.

The Social Security budget does not provide for any planing on the hospital, but savings of around one billion on medicine, 250 million on analysis laboratories, 150 million on imaging, and as much on complementary health.

Without judging it insincere, the Constitutional Council notes that it is based on ambitious growth forecasts, at +1% of GDP. However, the rise in gross domestic product should slow to +0,3%, according to the latest projections from the Banque de France.

"If, as recent forecasts might lead us to believe, it appears during the year that these forecasts (...) are called into question, it will be up to the government to submit to Parliament the necessary adjustments in a financing law for corrective social security", warn the wise.