Qu’est ce que le rappel au règlement ?

Par le 14 août 2018

Lors de périodes de fortes tensions politiques, l’opposition utilise régulièrement un outil démocratique pour faire entendre sa voie dans l’hémicycle : les rappels au réglement. Ce dispositif mis en place en 1959 pendant la 5° République est aussi utilisé par la majorité pour critiquer l’organisation des séances et mettre en avant des entorses au règlement.

Qu’est ce qu’un rappel au règlement ?

Régit par l’article 58 du règlement de l’Assemblée Nationale, le rappel au règlement permet à un député de prendre la parole pendant 2 minutes sur un sujet en lien avec le Règlement et sur le déroulement de la séance. La prise de parole s’effectue dès que le rappel est déposé ou après l’intervention de l’orateur. Selon le règlement,  » les rappels sont prioritaires à la question principale et suspendent la discussion », ce qui permet aux députés de montrer leur mécontentement, d’aborder un sujet différent et parfois de perturber la bonne tenue des débats.
Quand l’opposition est en profond désaccord avec le gouvernement, elle peut également utiliser le rappel de façon abusive afin de retarder le vote d’une loi.
En effet, si un rappel est déposé afin de demander une meilleure application du règlement, le temps de parole du groupe politique n’est pas décompté, ce qui permet d’avoir du temps supplémentaire.
Mais c’est tout le contraire lorsque le sujet du rappel est autre. Cela a notamment été le cas lors des débats houleux sur la loi Taubira dite du « mariage pour tous » en 2013. L’UMP, (ancien nom du parti Les Républicains) l’avait utilisé pour répondre à une députée du parti socialiste.
Dans ce cas, le rôle du Président de l’Assemblée a été de déceler cet abus de parole, de décompter le temps de parole et de le retirer à l’orateur afin de poursuivre la discussion. Le Président doit donc gérer les tentatives d’obstruction parlementaire et se porte garant du bon fonctionnement des débats dans l’Hémicycle.


Exemple de rappel au règlement

Le rappel au règlement dans l’Histoire

En 1958, la 4° République s’effondre. La France est empêtrée dans la guerre d’Algérie, elle subit une forte crise gouvernementale avec la chute du gouvernement de Félix Gaillard et peine à trouver une personnalité politique pouvant mobiliser une majorité. Le président de la République René Coty rappelle alors le général De Gaulle qui soumet à l’Assemblée un nouveau projet de Constitution. Ce projet est adopté le 28 septembre 1958 après un référendum, instaurant ainsi la 5° République.
Pour éviter l’instabilité ministérielle qui avait paralysé la 4° République, le pouvoir législatif se trouve diminué par la nouvelle Constitution et par un nouveau Règlement de l’Assemblée en 1959. Seuls quelques outils sont mis à la disposition des parlementaires pour faire obstruction au débat, comme les rappels au règlement.

Mais bien souvent, ce dispositif est remplacé par la « bataille d’amendements » qui consiste à écrire le plus d’amendements possibles et d’exiger leur examen devant l’Assemblée. En 2006, les socialistes et les communistes avaient déposé 137 547 amendements contre le projet de loi relatif au secteur de l’énergie.
Cette « bataille » a pour objectif de forcer le Premier Ministre à utiliser l’article 49-3, mesure impopulaire qui permet au Gouvernement de faire adopter un texte sans vote. Toutefois, le recours au 49-3 contribue à discréditer la loi aux yeux du grand public car il est généralement considéré par l’opposition comme anti-démocratique.

Cependant, lors de certains débats suscitant de nombreuses divergences, les outils d’obstruction parlementaires ont été peu ou pas utilisé. Cela a notamment été le cas pendant les discussions sur l’abolition de la peine de mort en 1981 où les seuls rapports au règlement déposés avaient pour but de contester la répartition du temps de parole entre les groupes.

Pourtant, de nos jours, les tentatives d’obstruction du débat sont plus nombreuses. L’augmentation des amendements déposés depuis le début de la 5° République le montre tout à fait.
En effet, entre 1959 et 1962, 4560 amendements ont été déposés contre 212 000 entre 2002-2007 et 115 000 entre 2012-2017.
Aussi, certains députés n’hésitent plus à avoir recours aux rappels au règlement afin de manifester leur mécontentement lors de certaines affaires politiques. En 2018, l’Assemblée Nationale a été paralysée par l’affaire Benalla où les députés réclamaient la venue immédiate du Premier Ministre dans l’Hémicycle. En moins de 24 heures, 115 rappels au règlement ont été déposés, forçant le Gouvernement à repousser l’examen de la loi sur la réforme constitutionnelle à la rentrée de septembre.

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