Sébastien Lecornu Refers 2026 Budget to Constitutional Council Following Parliamentary Adoption

PARIS, 06 February 2026 – Following months of political deadlock and the narrow survival of two no-confidence motions, Prime Minister Sébastien Lecornu has officially referred the 2026 state budget to the Constitutional Council. This unprecedented move by a sitting Prime Minister aims to verify the legal “solidity” of specific tax measures before the finance law is enacted.
A Strategic Referral to the ‘Sages’
In a rare constitutional manoeuvre, Prime Minister Sébastien Lecornu has personally seized the Constitutional Council (Conseil constitutionnel) to review the 2026 Finance Bill. While the budget was technically adopted on Monday, 02 February 2026, after the government invoked Article 49.3 of the Constitution, it remains suspended pending the Council’s ruling.
The Prime Minister’s referral specifically targets three controversial measures involving the taxation of high-income earners and wealth holdings. These include a new tax on patrimonial holdings and restrictions on the “Pacte Dutreil” tax niche regarding business transfers. Government sources suggest the referral is a proactive measure to ensure these provisions do not face future legal challenges, though opposition critics argue it is an attempt to shield wealthy interests by inviting judicial censure.
Key Figures of the 2026 Finance Bill
The 2026 budget is designed to address France’s mounting public debt and fiscal deficit, which reached 5.4% of GDP in 2025. The government aims to bring this figure down to 5% through a combination of spending cuts and targeted revenue increases.
| Fiscal Indicator | Target / Status |
|---|---|
| 2026 Deficit Target | 5% of GDP |
| 2025 Estimated Deficit | 5.4% of GDP |
| Adoption Method | Article 49.3 (Bypassing formal vote) |
| Reviewing Authority | Constitutional Council (Conseil constitutionnel) |
| Reference Date of Adoption | 02 February 2026 |
Opposition Challenges
The Prime Minister is not the only official seeking the Council’s intervention. The Rassemblement National (RN) has also filed a referral, specifically requesting the censure of measures that would end the funding of driving licences via the Personal Training Account (CPF). Additionally, they are challenging a mandatory insurance regime for certain damages included in the text. Under French law, the Constitutional Council has one month to deliver its verdict, though this can be accelerated to eight days at the government’s request.
Frequently Asked Questions
What is the role of the Constitutional Council in the budget process?
The Constitutional Council ensures that all laws, including the annual budget (Loi de Finances), conform to the French Constitution. It can strike down specific articles or the entire text if it finds legal irregularities or “riders” (measures unrelated to finance).
Why did the Prime Minister refer his own budget?
Sébastien Lecornu stated the referral was to ensure the “legal security” of tax measures. By seeking a ruling now, the government hopes to prevent the law from being overturned later through a Priority Preliminary Ruling on Constitutionality (QPC) once the taxes are already being collected.
Is the 2026 budget currently in effect?
No. Although the budget was adopted by Parliament on 02 February 2026, it cannot be promulgated by the President of the Republic until the Constitutional Council has issued its decision and cleared the text.
