Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:
"Preliminary Chapter
" Right to Housing
" Art. L. 300-1. -The right to a decent and independent housing, referred to in Article 1 of Act No. 90-449 of 31 May 1990 for the implementation of the right to housing, is guaranteed by the State to any person who, residing in French territory in a manner And under conditions of permanence laid down by decree in the Council of State, shall not be able to access it by its own means or to maintain it.
" This right shall be exercised by an amicable remedy and then, where appropriate, by recourse Under the terms and conditions set out in this Article and Articles L. 441-2-3 and L. 441-2-3-1. " ;
3 ° The title of chapter I reads as follows: Housing Assistance Policies ".
Section 21 of the Act No. 94-624 of 21 July 1994 on habitat is thus amended:
1 ° The third paragraph reads as follows:
" The capacity to be attained is at least one place per 2 000 inhabitants for the communes members of a public establishment Of inter-communal cooperation with a population of more than 50,000 inhabitants and for communes with a population of at least 3,500 inhabitants who are understood, within the meaning of the general census of the population, in an agglomeration of More than 50 000 inhabitants with at least one commune of more than 10 000 inhabitants. This capacity is given to one place per 1,000 inhabitants in all municipalities which are included in an agglomeration of more than 100 000 inhabitants. " ;
2 ° After the third subparagraph are inserted three sub-paragraphs as follows:
" The municipalities and their bodies responsible for housing shall transmit annually to the prefect of the département an assessment of compliance with the obligations referred to in the Third paragraph.
" As from 1 January 2009, a levy on the tax resources of the municipalities and groups referred to in the third paragraph shall be drawn up each
. This levy is equal to twice the tax potential by Per capita multiplied by the number of emergency accommodation places missing in relation to the obligations referred to in the third subparagraph. "
I. -Article 257 of the General Tax Code is thus amended:
1 ° In the 11th paragraph of c of 1 of 7 °, the words: " Benefiting from state aid " Are replaced by the words: " Being the object of a Agreement between the owner or manager of the premises and the State representative in the department " ;
2 ° The first sentence of 7 ° c is thus changed:
a) The words: " Are financed by means of state aid " Are Replaced with the words: " Refer to temporary or emergency accommodation for persons referred to in Article L. 301-1 of the Construction and Housing Code which is the subject of an agreement between the owner or The manager of the premises and the State representative in the department " ;
b) After the words: " Cleanup jobs ", the end of the sentence is deleted.
II. -In the 3c of the I of Article 278 sexies of the same code, the words: Benefiting from state aid " Are replaced by the words: " Subject to an agreement between the owner or manager of the premises and the representative of the State In the department ".
III. -The first sentence of the first paragraph of Article 1384 D of the Code is thus amended:
a) The words: With state aid to " Are replaced by the words: " In view of " ;
b) After the words: " ", insert the words:" Which is the subject of a convention between the owner or manager of the premises and the State representative in the department and ".
IV. -I, II and III shall apply to premises acquired, constructed or constructed from the entry into force of this Law.
A person who is welcomed into an emergency accommodation structure must be able to remain there, as long as it wishes, until such time as a direction is proposed. This orientation is directed towards a stable or caregiving structure, or to housing, adapted to its situation.
After item L. 441-2-3-1 of the Construction and Housing Code, as set out in section 9 of this Act, a section L. 441-2-3-2 reads as follows:
" Art. L. 441-2-3-2. -The representative of the State in the department, in consultation with the bodies, associations and public authorities who are aware of the objectives of the housing aid policy in the department, ensures access to the Persons referred to in the first and second paragraphs of Article L. 441-2-3 of the information relating to the implementation of the right to housing. "
In the first paragraph of Article L. 451-1 of the Code of Social Action and Families, the words: Of cohesion Social " Are replaced by the words: " The right to housing, social cohesion ".
Section L. 441-2-3 of the Construction and Housing Code is thus amended:
1 ° The first four paragraphs are replaced by fifteen paragraphs so written:
" I.-In each department is Created, before 1 January 2008, with the representative of the State in the department, a mediation committee chaired by a qualified person designated by him.
" Under conditions laid down by decree in the Council of State, this committee Is composed equally:
" 1 ° State representatives;
" 2 ° Representatives of the department, public institutions for inter-communal cooperation referred to in Article L. 441-1-1 and the communes;
" 3 ° Representatives of the Agencies and bodies responsible for managing a housing structure, establishment or transitional housing, a home-house or a social residence, working in the department;
" 4 ° Representatives of tenants' associations and approved associations, one of which is the insertion or housing of disadvantaged persons, working in the department.
" II. -The mediation committee may be seized by any person who, meeting the prescribed conditions for access to a social rental housing, has not received any suitable proposal in response to his request for accommodation within the time limit laid down in the Application of Article L. 441-1-4.
" It may be seized without any conditions of delay where the plaintiff, in good faith, is deprived of housing, threatened with eviction without rehousing, accommodated or temporarily housed in an institution or Transitional housing, housed in premises that are unfit for habitation or are of an unhealthy or dangerous nature. It may also be seized, without conditions of delay, where the applicant is accommodated in premises which are manifestly overoccupied or do not present the character of a decent housing, if he has at least one minor child, if he has a disability in the sense of Article L. 114 of the Code of Social Action and Families or if it has at least one dependent person with such a disability
The applicant may be assisted by an association of which one of the objects is the insertion or housing of persons Disadvantaged or an association for the defence of persons in exclusion and approved by the State representative in the department.
" The Commission shall, inter alia, receive from the donor (s) responsible for the request all the information The quality of the applicant and the reasons for the lack of a proposal.
" Within a period fixed by decree, the mediation committee shall designate the applicants whom it recognises as priorities and to which a dwelling must be allocated Emergency. It shall determine for each applicant, taking into account their needs and capacities, the characteristics of this dwelling. It shall notify the applicant in writing of its decision, which must be reasoned. It may make any proposals for the orientation of applications that it does not consider to be priorities.
" The Mediation Committee shall send to the State representative in the département the list of applicants to which an emergency shall be assigned. Housing.
" After the opinion of the mayors of the municipalities concerned and taking account of the objectives of social mix defined by the joint municipal or departmental collective agreement, the representative of the State in the department shall designate each applicant to one A lessor with housing corresponding to the request. The State representative in the department defines the scope within which these units are to be located. It lays down the period within which the lessor is obliged to house the applicant. This allocation is based on the reservation rights of the state representative in the department.
" The State representative in the département may also propose to the applicant a dwelling which is the subject of a convention referred to in Article L. 321-8 as long as the lessor has committed to specific conditions of allocation or the housing is given to a public or private body under the conditions laid down in Article L. 321-10.
" The people to whom A housing proposal received from the State representative in the department a written information on the social support structures and structures present in the department " ;
2 ° Before the last paragraph, Are inserted four paragraphs thus written:
" III. -The mediation commission may also be seized, without conditions of delay, by any person who, soliciting accommodation in a accommodation, a transitional housing or accommodation, a shelter or a hotel residence at Social vocation, received no suitable proposal in response to its request. The mediation commission shall forward to the State representative in the department the list of applicants for whom such a reception should be provided.
" Within a period fixed by decree, the State representative in the department shall propose a place In a residential accommodation, transitional housing or accommodation, a home-house or a social residence for persons designated by the mediation commission.
" The people to whom a proposal Received from the State representative in the department a written information on the social support structures and devices present in the department.
" IV. -Where the mediation committee has before it a request for housing under the conditions laid down in II and that it considers that the applicant is a priority but that an offer of accommodation is not suitable, it shall transmit to the representative of the State in the Department this application for which a reception must be offered in a accommodation, an establishment or a transitional housing, a home-house or a social residence. "
3 ° At the beginning of the last paragraph, is added the words:" V. - ".
Article L. 321-10 of the Construction Code And the home is restored:
" Art. L. 321-10. -The units referred to in Article L. 321-8 may be rented to public or private bodies for their under-hire, furnished or not, to the applicants referred to in Article L. 441-2-3. "
I. -After Article L. 441-2-3 of the Construction and Housing Code, Article L. 441-2-3-1 shall be inserted as
: Art. L. 441-2-3-1. -I.-The applicant who has been recognised by the mediation committee as a priority and as a matter of urgency and who has not received, within a period fixed by decree, an offer of accommodation which takes account of his or her needs and capacities To bring an action before the administrative court for the ordering of its dwelling or its rehousing
The applicant may be assisted by an association of which one of the objects is the insertion or housing of persons Disadvantaged or an association for the defence of persons in exclusion and approved by the State representative in the department.
" This action shall be open from 1 December 2008 to the persons mentioned in the second paragraph of II Article L. 441-2-3 and, as from 1 January 2012, to the applicants referred to in the first paragraph of the same II
In the absence of a mediation commission in the department, the applicant may exercise the action referred to in the preceding paragraph if, After having seized the State representative in the department, he did not receive an offer that took account of his needs and capabilities within a prescribed time limit.
" The President of the Administrative Tribunal or the Magistrate Shall appoint an emergency decision within two months from the date of its referral. With the exception of a college training, the hearing takes place without the conclusions of the Commissioner of Government
The President of the Administrative Court or the Magistrate he designates, when he finds that the application has been recognized as a priority By the mediation committee and must be satisfied as a matter of urgency and that the applicant has not been offered accommodation which takes account of his or her needs and capacities, orders the housing or rehousing of the applicant by the State and may include his Order for a penalty payment.
" The product of the penalty payment shall be paid to the fund established pursuant to the last paragraph of Article L. 302-7 in the region in which the mediation commission entered by the applicant is located.
" II. -The applicant who has been recognised by the mediation committee as a priority and as having to be accommodated in a housing structure, a transitional housing or accommodation, a home-house or a social hotel residence And which has not been allowed, within a period laid down by decree, in one of these structures may bring an action before the administrative court for the purpose of ordering its reception in a lodging structure, establishment or Transitional housing, shelter or a social residence.
" This action shall be open from 1 December 2008.
" The President of the Administrative Court or the Magistrate he designates as a matter of urgency, in a Two months from the date of referral. With the exception of a college training, the hearing takes place without the conclusions of the Commissioner of Government
The President of the Administrative Court or the Magistrate he designates, where he finds that the application has been recognized as a priority by the A mediation committee and that the applicant has not been offered a place in a housing structure, a transitional housing or accommodation, a shelter or a social hotel residence, shall order the reception in one of these Structures and can match the order for a penalty payment.
" The product of the penalty payment shall be paid to the fund established pursuant to the last paragraph of Article L. 302-7 in the region where the mediation committee is located by the Requester.
" III. -Where the administrative court has before it an appeal under the conditions laid down in the I, it may order the reception in a lodging structure, a transitional establishment or accommodation, a home or a hotel residence at Social vocation. "
II. -Title VII of Book VII of the Code of Administrative Justice is supplemented by a Chapter VIII as follows:
"Chapter VIII
" Litigation of the right to housing
" Art. L. 778-1. -The judgment of disputes relating to the guarantee of the right to housing provided for in Article L. 441-2-3 of the Construction and Housing Code is governed by Article L. 441-2-3-1 of the Code. "
A penalty of lapse, the conventions provided for in Article L. 441-1 of the Construction and Housing Code Entered into before the date of publication of this Law shall be brought into conformity with this Law no later than 1 December 2008.
After the first paragraph of Article L. 302-5 of the Construction and Housing Code, a paragraph is inserted as follows:
" As from 1 January 2008, these provisions also apply, under conditions Provided in the first subparagraph, to the communes members of a public institution of intercommunal cooperation with taxation of more than 50 000 inhabitants comprising at least one commune of more than 15 000 inhabitants, whose population is at least equal to 1 500 inhabitants in Ile-de-France and 3 500 inhabitants in the other regions and in which the total number of social housing units represents, on 1 January of the previous year, less than 20 % of the main residences. The levy provided for in Article L. 302-7 shall be taken from 1 January 2014. "
Before 1 October 2010, the Economic and Social Council shall deliver to the President of the Republic and to Parliament a Evaluation report on the implementation of Chapter I of this Act.
A committee to monitor the implementation of the right to housing is hereby established.
This committee associates, under conditions laid down by decree, the High Committee for the Housing of Disadvantaged Persons, the Representative associations of local elected representatives and associations and organisations working in the field of housing as well as those working in the field of integration.
The Monitoring Committee on the Implementation of the Right to Housing Provides an annual report to the President of the Republic, the Prime Minister and Parliament. The first report is submitted on October 1, 2007.
I. -Experimental and for a period of six years, a Public establishment of inter-communal cooperation on own taxation having concluded the Convention referred to in Article L. 301-5-1 of the Code of Construction and Housing may enter into an agreement with the State, its member municipalities and the departments To become, on its territory, the guarantor of the right to a decent and independent housing referred to in the preliminary chapter of the preliminary title of Book III and to Articles L. 441-2-3 and L. 441-2-3-1 of the same code
The delegation to the President of the public establishment of inter-communal cooperation:
-all or part of the reservation of accommodation for which the State representative in the department benefits on its territory pursuant to Article L. 441-1 of the Construction and Housing Code; and
-the implementation of the procedures for resorption of unsafe and control of the presence of lead, respectively, as defined in Articles L. 1331-22 to L. 1331-30 and articles L. 1334-1 L. 1334-12 of the Public Health Code;
-the implementation of the procedures for the removal of the ruined buildings referred to in Articles L. 511-1 to L. 511-6 of the Construction and Housing Code;
-the implementation of the Procedures for requisition referred to in Chapters I and II of Title IV of Book VI of the same Code.
It provides for the delegation to the public institution of inter-communal cooperation of all or part of the powers which, in the field of action Are assigned to the Department under Articles L. 121-1 and L. 121-2 of the Code of Social Action and
. -Within six months of the completion of the experiment, the Government shall submit to Parliament an evaluation report together with the observations of the public inter-municipal cooperation institutions and the local authorities concerned.
I. -The code of construction and housing is thus amended:
1 ° The tenth paragraph of Article L. 411-2 is Modified:
a) After the words: " -management ' shall be inserted words: ' Or the acquisition for resale, " ;
b) After the words: " The words' shall be inserted as follows: ' A backup plan in application of the article L. 615-1 or " ;
2 ° In the second sentence of article L. 421-3, after the reference: " L. 615-1 " shall be inserted as follows: Or a programmed operation to improve the habitat provided for in Article L. 303-1 and dedicated to coproperties Degraded " ;
3 ° In the second sentence of the seventeenth paragraph of Article L. 422-2, after the reference: " L. 615-1 " shall be inserted as follows: Or a programmed operation to improve the habitat referred to in Article L. 303-1 Degraded coproperties " ;
4 ° In the second sentence of the fourteenth paragraph of Article L. 422-3, after the reference: L. 615-1 " shall be inserted as follows: Or a planned habitat improvement operation provided for in Article L. 303-1 and For degraded coproperties ".
II. -In the g of 1 ° du 5 of Article 261 of the General Tax Code, after the words: " Code ", are inserted the words:" Or subject to a planned habitat improvement operation provided for in Article L. 303-1 of the Code ".
I. -Order No. 2007-137 of 1 February 2007 concerning the public offices of the habitat is
. -Before the last paragraph of Article L. 421-12 of the Construction and Housing Code, two sub-paragraphs shall be inserted as
: He is recruited by an open-ended contract. However, when the Director General is recruited through the secondment, the duration of the contract is linked to the duration of the secondment. A decree in the Council of State specifies the main features of the contract and lays down, in particular, the conditions for the performance of functions and remuneration, where appropriate the ancillary benefits, as well as the compensation that may be allocated in the event of Termination of function.
" This Order also provides for the conditions under which an employee in the institution may be seconded to the position of Director General. "
III. -The III of Article 9 of Ordinance No. 2007-137 of 1 February 2007 is supplemented by a paragraph worded as follows: '
' However, Indeterminate Non-Incumbent Agents may request, at any time, to be Subject to the Regulation laying down the conditions of employment and remuneration of staff not covered by the status of the territorial civil service employed in the public offices of the habitat. If this request is made within one year from the date of the first meeting of the Administrative Council of the Public Office of the Habitat, constituted under the conditions laid down in Article L. 421-8 of the Construction Code and The dwelling, the Director General of the institution shall be entitled to do so. "
In the first sentence of the IX of Article 4 of Law No. 2006-872 of 13 July 2006 on national commitment for Housing, after the words: " In respect of habitat "shall be inserted the words:" And those of more than 1 500 inhabitants belonging to an agglomeration of more than 50 000 inhabitants within the meaning of the general population census ".
In article 7 of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and renovation Urban, amount: " EUR 5 billion ' Is replaced by the amount: " EUR 6 billion '.
Article L. 2122-22 of the General Code of Territorial Communities is completed by a 22 ° reading:
" 22 ° To exercise in the name of the municipality the right of priority set out in Articles L. 240-1 et seq. Of the code of town planning. "
Law n ° 2005-32 of 18 January 2005 of programming for social cohesion is thus amended:
1 ° The article 81 is thus amended:
(a) In the first paragraph, the amount: EUR 3 938 million ' Is replaced by the amount: " EUR 4 227 million ' ;
b) The table is thus written:
(In millions of euros value 2004)
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c) The last paragraph is complemented by a sentence so written:
" New capabilities Accommodation is reinforced by the transformation of 4,500 emergency accommodation spaces into shelters and social reintegration centres, and the transformation of 6,000 emergency accommodation places into Stabilization. " ;
2 ° Article 83 reads as follows:
" Art. To finance the maintenance of capacity and the creation of 12 000 places in relay houses during the years 2005 to 2007, the appropriations opened by the financial laws of the years 2005 to 2009 are set at EUR 195 million according to the programming Next:
(In millions of euros value 2004)
You can view the table in OJ
No 55 of 06/03/2007 text number 4
The first table of article 87 of Law No. 2005-32 of 18 January 2005 reads as follows:
You can Consult the table in OJ
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The second Table of Article 87 of Law No. 2005-32 of 18 January 2005 is thus written:
(In millions of euros value 2004)
You can consult the table in OJ
No 55 of 06/03/2007 Text number 4
Article 87 of Law No. 2005-32 of 18 January 2005 is completed By an II thus written:
" II. -In the overseas departments, in Mayotte and Saint-Pierre-et-Miquelon, 37,500 social housing units will be created in the years 2007 to 2009, according to the following programming:
You can consult the table in the OJ
No 55, 06/03/2007 text number 4
I. -After article 66-1 of the law n ° 2005-781 On 13 July 2005 of a programme setting out the guidelines for energy policy, an Article 66-2 read as follows: '
' Art. 66-2. -Article 66 shall also apply to new consumption sites connected to distribution or transmission networks before 1 July 2010. "
II. -This Article shall enter into force on 1 July 2007.
The Government shall submit a report to Parliament each year Evaluating the operation of the single departmental registration system referred to in Article L. 441-2-1 of the code of construction and housing.
This report provides, in particular, an estimated balance of the requests for social rental housing not
I. -The last paragraph of Article L. 351-3 of the Construction and Housing Code is replaced By five paragraphs thus written:
" The scale is revised each year as of January 1. This review ensures, through appropriate measures, the maintenance of the social effectiveness of personalized housing assistance. Are indexed to the evolution of the rent reference index defined in Article 17 of Law No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 the following parameters: :
" -rent ceilings;
" -ceilings for loan contracts for loans with a signature later than the revision date of the scale;
" -the lump sum of charges;
" -equivalencies of Rent and rental charges. "
II. -Article L. 542-5 of the Social Security Code is supplemented by five paragraphs thus written:
" The calculation parameters for the allowance are reviewed each year as of January 1. Are indexed to the evolution of the rent reference index defined in Article 17 of Law No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 the following parameters: :
" -rent ceilings;
" -ceilings for loan contracts for loans with a signature later than the revision date of the scale;
" -the lump sum of charges;
" -equivalencies of Rent and rental charges. "
III. -After the second subparagraph of Article L. 831-4 of the Code, the following five sub-paragraphs shall be
: The calculation parameters for the allowance are reviewed each year as of January 1. Are indexed to the evolution of the rent reference index defined in Article 17 of Law No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 the following parameters: :
" -rent ceilings;
" -ceilings for loan contracts for loans with a signature later than the revision date of the scale;
" -the lump sum of charges;
" -equivalencies of Rent and rental charges. "
I. -Article L. 313-20 of the code of construction and housing is thus amended:
1 ° In the first Paragraph, the words " And at 2 ° bis " Are replaced by references: " , at 2 ° bis and 2 ° " ;
2 ° In the second paragraph, the words: " , on the one hand, an intervention fund and, on the other hand, a support fund " Are replaced by the Words: " An intervention fund, a support fund and a fund known as the "universal locative risk guarantee fund" ;
3 ° After the eighth paragraph, four sub-paragraphs are inserted as follows:
" The Universal Guarantee Fund Rental risks shall pay the compensation provided for in the g of Article L. 313-1. It may also pay the rent guarantees and charges laid down in the same article to the lessors of the rental sectors mentioned in the third to fifth paragraphs of Article 41 ter of Act No. 86-1290 of 23 December 1986 tending to promote Rental investment, home ownership of social housing and land supply development, which do not subscribe to insurance contracts against the risk of unpaid rent.
" Apart from the contributions of partners Collectors and all resources of the Union for the Social Economy of Housing, the universal guarantee fund for locative risks is fed by a fraction of the premiums or contributions entrusted to it by the damage insurance undertakings Proposing the subscription of insurance contracts against the risk of unpaid rent complying with the social specifications referred to in Article L. 313-1. It may also receive payments from the State in respect of the tenants which the latter pays, under conditions laid down by agreement between the State and the Union d' économie sociale du logement, as well as voluntary contributions from the Territorial communities or their groupings.
" A Council of State decree, taken after consultation of the Union, lays down the rules for the management and operation of the universal guarantee fund for locative
. The Economic Union Social housing guarantees the financial balance of this fund. "
II. -The fourth paragraph of Article L. 310-12 of the Insurance Code is supplemented by the following sentence:
" It controls the universal guarantee fund for locative risks referred to in Article L. 313-20 of the Construction and Housing. "
Sections L. 353-15 -1 and L. 442-6-1 of the Construction and Housing Code are supplemented by a paragraph Thus written:
" Those provisions shall apply to subpoenas for the delivery of the termination of the lease on the basis of the existence of a rental debt of the lessee. They are also applicable to counter-claims for the purposes of finding or delivering termination on the basis of the existence of a rental debt. "
After Article L. 313-26 of the code of construction and housing, it is inserted an article L. 313-26-1 so Written:
" Art. L. 313-26-1. -Where, in the context of a system of social accession by land carriage provided for by an agreement between the State and the Union d' économie sociale du logement, a construction lease shall be signed by a legal person designated by A member of that union and by a household first accessing the property of his or her principal residence and having less resources than prescribed limits, the rights resulting from the lease to be constructed cannot Be assigned in full and with the approval of the lessor.
" Such authorisation shall be granted in full right if the transferee acquires for the first time his principal residence, has resources less than the ceilings mentioned in the first Paragraph and destine the unit concerned for the exclusive use of its principal
. In the opposite case, approval shall be granted only if the transferee undertakes to pay a periodic rent fixed by the contract of lease to be constructed or Remove the option of the sales promise for the land, under the terms of the construction lease and within a maximum period of three months from the date of assignment.
" This Article shall not apply in the event of a failure Of the lessee in respect of a mortgagee who financed the construction, in the case of an amicable sale with the agreement of the creditor or in the case of seizure on the initiative of the creditor. "
Article L. 251-6 of the Construction and Housing Code is thus amended:
1 ° After the first subparagraph, Inserted a paragraph as follows:
" However, where the lease provides for the opportunity to purchase the land by the lessee in the course of a social accession transaction, and the lessee exercises the option in accordance with the fourth Paragraph of Article L. 251-1, the privileges and mortgages of the chief of the lessee prior to the removal of the option shall not be extinguished at the end of the lease but shall retain their effects, up to their date of extinction, on the property which has become the property The grantor. They are full rights on the ground and can guarantee loans for the acquisition of the land. " ;
2 ° The second paragraph is thus changed:
a) The word: " However " Is replaced by the words: " In addition " ;
b) The word: " Previous " Is replaced by the word: " First " ;
3 ° The last paragraph is deleted.
The last paragraph of Article L. 633-4 of the Construction and Housing Code reads:
" The Board must Be implemented no later than December 31, 2007. "
I. -After the fourth paragraph of 1 ° of the I of Article 31 of the General Tax Code, a paragraph shall be inserted as follows: '
' When it is the subject of a convention referred to in Article L. 321-8 of the Code of construction and housing, the rental of the dwelling granted under the same conditions to a public or private body for the accommodation or accommodation of natural persons for principal residence, excluding the owner Of the housing, the members of its tax home or of its descendants or ascendants, shall not prevent the deduction, provided that the organization does not provide any hotel or parahotel services. A decree specifies the procedures for the valuation of the rent and the resources of the occupant, as well as the conditions of the rental. "
II. -In the last paragraph of the same m, after the reference: L ", is inserted the reference:" In Article 199 decies I ".
III. -I and II shall apply to leases entered into as of the entry into force of this Law.
Article 1388 bis of the General tax code is thus amended:
1 ° The second paragraph of II is supplemented by a sentence so worded:
" It is also applicable to impositions established in respect of the years 2008 and 2009 where an agreement has been concluded or Renewed in 2007. " ;
2 ° In the second paragraph of II bis, the year: 2009 " Is replaced by the year: " 2013 ".
Section 20-1 of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of 23 December 1986 is thus amended:
1 ° The last two sentences of the first subparagraph read as follows: "
" Failing Agreement between the parties or in the absence of a reply from the owner within a period of two months, the departmental conciliation commission may be seized and deliver an opinion in accordance with the conditions laid down in Article 20. Referral to the commission or the submission of its opinion does not constitute a prerequisite for the referral of the matter to the judge by either party. " ;
2 ° The second paragraph is thus amended:
a) The first sentence reads as follows:
" The court seised by either party shall determine, where appropriate, the nature of the work to be carried out and the time limit for their execution. " ;
b) Added a sentence so written:
" The judge may transmit to the State representative in the department the order or judgment stating that the rented accommodation does not comply with the provisions of the first and second Paragraphs of Article 6. "
The second to fifth paragraphs of Article 22-2 of Law No. 89-462 of 6 July 1989 shall be replaced by Sixteen paragraphs thus written:
" -identity photograph, except that of proof of identity;
" -social security card;
" -copy bank or postal account statement;
" -attestation of proper account Banking or postal;
" -certificate of absence of credit in progress;
" -automatic debit authorization;
" -judgment of divorce, with the exception of the paragraph beginning with the statement: "For these reasons;
" -attestation of the Previous lessor stating that the tenant is up to date of its rent and charges, as long as the tenant can submit other supporting documents;
" -attestation from the employer as long as the contract of employment can be provided and the last Salary bulletins;
" -marriage contract;
" -Concubinage certificate;
" -accommodation reservation cheque;
" -personal medical file, except in case of suitable or specific accommodation request;
" -extract from Criminal record;
" -Discount on a blocked account of property, effects, values or a sum of money corresponding to more than two months' rent in principal in the absence of the deposit of guarantee or of the subscription of the planned autonomous guarantee Section 2321 of the Civil Code;
" -production of more than two balance sheets for the self-employed. "
The third paragraph of Article L. 115-3 of the Code of Social Action and Families is thus amended:
1 ° The first sentence, the words: And water dispensers " And the words: " Or water distribution " Are deleted;
2 ° Added a passphrase:
" These provisions apply to water distributors for the Water distribution throughout the year.
At the end of article L. 442-4 of the urbanism code, the words: " Or before the response time to the Advance declaration " Are deleted.
In case of introduction and maintenance in the home of others using Manoeuvrability, threats, assault, or constraint, the owner or lessee of the occupied dwelling may ask the prefect to cause the occupant to leave the premises, after lodging a complaint, proves that the dwelling is his Home and the illegal occupation by a judicial police officer.
The formal notice is accompanied by a period of execution which cannot be less than twenty-four hours. It shall be notified to the occupants and published in the form of notices in the town hall and on the premises. Where appropriate, it shall be notified to the owner or the tenant.
When the notice to leave the premises has not been followed up within the prescribed period, the prefect shall proceed to the forced evacuation of the dwelling, except as opposed to the Owner or tenant within the time limit for the execution of the formal notice.
The Social Action Code and Families are thus modified:
1 ° After Article L. 311-9, a Article L. 311-11 is inserted as follows:
" Art. L. 311-11. -The provisions of this Chapter shall apply without prejudice to those contained in Chapter III of Title III of Book VI of the Construction and Housing Code. " ;
2 ° After Article L. 342-5, an Article L. 342-6 reads as follows:
" Art. L. 342-6. -The provisions of this Chapter shall apply without prejudice to those contained in Chapter III of Title III of Book VI of the Construction and Housing Code. "
After the sixth paragraph of Article L. 443-11 of the Construction and Housing Code, a paragraph is inserted. Thus written:
" In neighbourhoods located in the sensitive urban areas defined in Article 42 of Act No. 95-115 of 4 February 1995 for the development and development of the territory or in the territories defined in Article 42. 6 of Act No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal, organizations of low-rent housing may, after notice of the commune of implementation, rent on a temporary basis premises On the ground floor, for the purpose of carrying out economic activities. After the period of one month, this opinion is deemed to be favourable. "
After the second subparagraph of Article L. 632-1 of the Construction and Housing Code, a paragraph shall be inserted. Thus written:
" Where the contract provides for the revision of the rent, the rent shall be carried out each year on the date agreed between the parties or, failing that, at the end of each year of the contract. The resulting increase cannot exceed the variation of the rent reference index referred to in Article 17 of Act No. 89-462 of 6 July 1989 to improve rental reports and amending Act No. 86-1290 of the December 23, 1986. "
In the third sentence of the fourth subparagraph of 1 ° I of Article 31 of the General Tax Code, the words:" Or, if " Are replaced by the words: " Except on the occasion of the renewal of the lease, or if the housing ".
I. -In the 7th of II of Article 150 U of the General Tax Code, after the word: " ", are inserted the words:" , to the association referred to in Article 116 of the Finance Act 2002 (No. 2001-1275 of 28 December 2001), to companies This association holds the majority of the units for the units referred to in Article L. 351-2 of the Construction and Housing Code ".
II. -In the III of Article 210 E of the same code, after the word: ", are inserted the words:" , of the association referred to in Article 116 of the Finance Law for 2002 (No 2001-1275 of 28 December 2001), of civil real estate companies of which This association shall hold the majority of the units for the units referred to in Article L. 351-2 of the Construction and Housing Code.
I. -Article 257 of the General Tax Code is thus amended:
1 ° The c of 1 of 7 ° is supplemented by a paragraph worded as follows:
" Rental units constructed by the association referred to in the section 116 of the Finance Law for 2002 (No. 2001-1275 of 28 December 2001) or by the civil societies of which the association holds the majority of the shares, in areas covered by an agreement provided for in Article 10 of the Law No. 2003-710 of 1 August 2003 of orientation and programming for the city and urban renewal and intended to be occupied by households whose total resources do not exceed the amount mentioned in Article R. 391-8 of the Construction Code And housing; "
2 ° In the twelfth preambular paragraph of 1 of 7 °, after reference:" (No. 2001-1275 of 28 December 2001) ", are inserted the words: , or by the real estate civil societies of which the association holds the majority of the shares "And the words:" When it has " Are replaced by the words: " When they have " ;
3 ° The d of 7 ° bis is supplemented by the words: " Or by the real estate civil societies of which the association holds the majority of the shares " ;
4 ° After On 7 ° c, it is inserted a 7 ° quinquies thus written:
" 7 ° quinquies Subject to the application of the 7 °, the self-deliveries of improvement, processing, development or maintenance work, other than the maintenance of the spaces Green and cleaning work carried out by the association referred to in Article 116 of the 2002 Finance Act or by the real estate civil societies of which this association holds the majority of the shares, and relating to housing For rental purposes located in neighbourhoods covered by an agreement provided for in Article 10 of Act No. 2003-710 of 1 August 2003 and intended to be occupied by households whose total resources do not exceed the amount mentioned in R. 391-8 of the Construction and Housing Code; ".
II. -After the 3 quinquies of the I of Article 278 sexies of the same code, it shall be inserted a 3 sexies thus written:
" 3 sexies Sales and contributions of rental units to the association mentioned in Article 116 of the Finance Act 2002 Above or to real estate civil societies of which this association holds the majority of shares, situated in areas covered by an agreement provided for in Article 10 of Act No. 2003-710 of 1 August 2003 Programming for the city and urban renewal and intended to be occupied by households whose total resources do not exceed the amount referred to in Article R. 391-8 of the Construction and Housing Code
I. -Article 257 of the General Tax Code is thus amended:
1 ° The c of 1 of the 7 ° is supplemented by a paragraph Written:
" Of premises of establishments mentioned in 6 ° and 7 ° of the I of Article L. 312-1 of the Code of Social Action and of families, acting without profit and whose management is disinterested, when they welcome persons with disabilities Or, when welcoming elderly persons if they meet the eligibility criteria for the loan provided for in Article R. 331-1 of the Construction and Housing Code, and which are the subject of an agreement between the owner or the manager The premises and the State representative in the department. " ;
2 ° After 7 ° c, it is inserted a 7 ° sexies thus written:
" 7 ° sexies Subject to the application of the 7 °, self-deliveries of improvement, processing, development or maintenance work, other than maintenance Green space and cleaning work, relating to the premises of the establishments mentioned in 6 ° and 7 ° of the I of Article L. 312-1 of the Code of Social Action and of families, acting without profit and whose management is disinterested, When they welcome persons with disabilities or, when they welcome elderly persons if they meet the eligibility criteria for the loan provided for in Article R. 331-1 of the Construction and Housing Code, and which are the subject of a Agreement between the owner or manager of the premises and the State representative in the department. These provisions shall not apply to work benefiting from the reduced rate of value added tax provided for in Article 279-0 bis of this Code; ".
II. -In the 6 of Article 266 and the second paragraph of d of Article 269 of the same Code, the words: And at 7 ° c " And " And 7 ° c " Are replaced by the words: " , at 7 ° c, 7 ° quinquies and at 7 ° sexies ".
III. Article 278 sexies of the same code is thus amended:
1 ° In the 2 of the I, the word: " Twelfth " Is replaced by the word: " Fourteenth " ;
2 ° After the 3 d of the I, it is inserted a 3 septies thus written:
" 3 ° Sales and Contributions of premises to the institutions mentioned in 6 ° and 7 ° of the I of Article L. 312-1 of the Code of Social Action and of families, acting without profit and whose management is disinterested, when they welcome persons with disabilities or, When they welcome elderly persons if they meet the eligibility criteria for the loan provided for in Article R. 331-1 of the Construction and Housing Code, and which are the subject of a convention between the owner or the manager of the And the State representative in the department. " ;
3 ° In the I, the words: " And at 7 ° c " Are replaced by the words: " , at 7 ° c, 7 ° quinquies and at 7 ° sexies ".
IV. -In the first sentence of II of Article 284 of the Code, after the reference: 3 quinquies, ' shall be inserted the references: ' 3 sexies, 3 septies, ".
V.-I, II, III and IV shall apply to premises acquired, constructed or constructed from The entry into force of this Law.
I. -Before Article 261 (4) of the General Tax Code, it is Inserted an 8 ° bis as follows:
" 8 ° bis Services and supplies of goods which are closely related to them, carried out in the context of childcare by the establishments referred to in the first two paragraphs of Article L. 2324-1 of the Public Health Code and providing care for children under three years of age; ".
II. -The I shall enter into force on the first day of the month following the publication of this Law.
In the c of the 4 ° of the Article 261 D of the general tax code, the words: " By way of lease or agreement of any kind to the operator of a accommodation establishment that meets the conditions set out in a or b " Are replaced by the words: " To the operator of an establishment Accommodation which meets the conditions set out in a or b, other than those granted to the operator of an establishment referred to in Article L. 633-1 of the code of construction and housing whose activity does not qualify for deduction ".
I. -A. -After I refer to Article 1384 A of the General Tax Code, it shall be inserted as
: I c. -Are exempt from the property tax on the constructed properties for a period of fifteen years from the year following that of their completion the construction of new rental units for rental purposes and assigned to the main dwelling owned by The association referred to in Article 116 of the Finance Law for 2002 (No. 2001-1275 of 28 December 2001) or to the civil societies of which the association holds the majority of the shares when they are financed up to more than 50 % by subsidies paid for the participation of employers in the construction effort and benefit from the provisions of the 2 or 3 quinquies of the I of Article 278 sexies. The duration of the exemption is extended to twenty-five years for buildings which benefit from a grant award decision made between 1 March 2007 and 31 December 2009. "
B.-The A applies to the construction for which the grant decision was made from the date of publication of this Act.
II. -The loss of revenue for the local authorities is offset by the increase in the levy on the revenue of the State in respect of the clearing of local tax exemptions.
Section 1594-0 G of the General Tax Code is completed by a j so written:
" (j) Transfers of assets Operated by the association referred to in Article 116 of the Finance Act 2002 (No. 2001-1275 of 28 December 2001) or by the real estate civil companies of which it holds the majority of the shares, in favour of supplementary pension schemes Number of employees in the private sector by way of inter-professional collective agreements. "
I. -Order No. 2007-42 of 11 January 2007 on the recovery of claims by the State and the municipalities Measures to control unsafe or hazardous habitat are ratified.
II. -Article L. 129-4 of the code of construction and housing, in its wording resulting from Article 3 of Order No. 2007-42 of 11 January 2007, is supplemented by a paragraph worded as follows: '
' The claims that could not be Recovered by the municipality shall be placed at the expense of the State or, by subrogation of the latter in its rights and obligations, of a public person substituting it.
I. -Title VI of Book II of the Code of Social Action and Families is supplemented by a Chapter IV thus written:
" Chapter IV
"Domiciliation
" Section 1
"Right to Home
" Art. L. 264-1. -To claim the service of legal, regulatory and conventional social benefits, with the exception of the medical aid of the State referred to in Article L. 251-1, as well as the grant of a national identity, to the registration on the Electoral lists or legal aid, persons without a permanent residence must elect domicile either with a municipal or inter-municipal social action centre, or with a body approved for that purpose.
" The competent body for Assigning a legal, regulatory or convention social benefit is the one in which the person has elected domicile.
" The debtor department of the self-government allocation, the provision of compensation for disability And the minimum income for insertion referred to in Articles L. 232-1, L. 245-1 and L. 262-1 respectively, where the person concerned has elected domicile.
" Section 2
"Home Election
" Art. L. 264-2. -Home elections are granted for a limited period of time. It shall be subject to renewal of law and may be terminated only under the conditions referred to in Article L. 264-5.
" Communal or intercommunal centres of social action, as well as the recognised organisations, give the persons concerned a certificate "Home election indicating the expiration date of the home.
" The certificate of residence may not be issued to the non-national of a Member State of the European Union, of another State Party to the agreement on the Space Or of the Swiss Confederation, which is not in possession of one of the residence permits provided for in Title I of Book III of the Code of Entry and Residence of Foreigners and the Right of
. Art. L. 264-3. -The absence of a stable address may not be against a person to refuse him the exercise of a right, a social benefit or access to an essential service guaranteed by law, in particular in banking and postal matters, as soon as it is available A valid certificate.
" Art. L. 264-4. -Where communal or inter-communal centres of social action refuse the home election of persons without a permanent residence who so request, because they have no connection with the municipality or the grouping of communes, they must Motivate their decision.
" The representative of the State in the department may conclude an agreement to take charge of the activities of domicile with a recognised organisation.
" Recogned organisations may not refuse the choice of residence In cases provided for by their approval.
" Where one of the bodies referred to in Article L. 264-1 refuses an address, it shall direct the person concerned to a body capable of ensuring his
. Art. L. 264-5. -The body providing the domicile shall terminate it when the person requests it, when it acquires a permanent residence or when it no longer manifests itself.
"Section 3
" Accreditation of Home Election Organizations
" Art. L. 264-6. -The approval granted to the bodies referred to in Article L. 264-1 shall be awarded by the State representative in the département. Each commune in the department makes available to the public the list of recognised organisations in the department.
" Art. L. 264-7. -Approval has a limited duration.
" It shall be awarded to any body which undertakes to comply with a specification laid down by the representative of the State in the département, after consulting the President of the General Council, under conditions defined by Order, including the duration of the organization and its purpose.
" This specification shall, inter alia, determine the information, assessment and control obligations of the body, in particular with regard to the State, Department and agencies responsible for the payment of social benefits.
" Before any renewal of the authorisation, an evaluation of the activity of the recognised organisation in relation to the commitments made in the specification must be Performed.
" Accreditation can determine a number of home elections beyond which the organization is no longer required to accept new elections. It may authorise the body to restrict its activity of domicile to certain categories of persons or to certain social benefits. In the latter case, home election certificates issued by the body are only effective for access to the social benefits mentioned in the authorisation.
" Section 4
"Monitoring and Evaluation
" Art. L. 264-8. -The bodies referred to in Article L. 264-1 shall ensure that the person who elects domicile is without a permanent residence. They regularly report their home affairs to the State representative in the department.
" Art. L. 264-9. -The report referred to in Article L. 115-4 assesses the conditions for the implementation of this Chapter and the effectiveness of access to the rights referred to in Article L. 264-1.
" Section 5
"Application Terms
" Art. L. 264-10. -This Chapter does not apply to the procedures for the residence of aliens who apply for admission to the residence under Article L. 741-1 of the Code of Entry and Residence of Foreigners and of the Law For asylum.
" The conditions of application of this Chapter shall be determined by decree, with the exception of those of Article L. 264-4 which shall be determined by decree in the Council of State. "
II. -The same code is thus amended:
1 ° The last paragraph of Article L. 232-2 is deleted;
2 ° The last paragraph of Article L. 232-12 reads as follows:
" Personalized self-government allowance is provided to people without homes Stable under the conditions laid down in Chapter IV of Title VI of Book II. " ;
3 ° Article L. 262-18 is thus amended:
(a) The second and last sentences of the first subparagraph and the second to last paragraphs shall be deleted;
(b) A paragraph shall be added as follows:
" People without a home Shall elect domicile under the conditions laid down in Chapter IV of Title VI of this book. "
III. -The third paragraph of Article L. 161-2-1 of the Social Security Code reads as
: Persons without a permanent residence shall elect domicile under the conditions laid down in Chapter IV of Title VI of Book II of the Code of Social Action And families. In order to simplify the procedures of the parties concerned, the relevant social security bodies and the department shall be informed by the approved body of the decisions on the allocation or withdrawal of the home election certificates referred to in Article L. 264-2 of the same Code, under conditions laid down by decree. "
IV. -Article L. 15-1 of the Election Code is thus amended:
1 ° The first subparagraph is supplemented by the following words: Under the conditions laid down in Articles L. 264-6 and L. 264-7 of the Code of Social Action and Families' ;
2 ° In the last paragraph, The words: " A certificate " Are replaced by the words: " The certificate referred to in Article L. 264-2 of the same code ".
V.-Article 79 of Law No. 2002-73 of 17 January 2002 on social modernisation reads as follows:
" Art. 79. - By way of derogation from the provisions of Article 10 of Act No. 69-3 of 3 January 1969 on the exercise of travelling activities and the rules applicable to persons travelling in France without domicile or fixed residence, the persons to whom the Applicable law may, if they so wish, elect domicile under the conditions laid down in Chapter IV of Title VI of Book II of the Code of Social Action and of families in order to benefit from the social benefits referred to in the first paragraph Article L. 264-1 of the Code. "
VI. -At the end of the second sentence of the last paragraph of Article 13 of Law No. 91-647 of 10 July 1991 on legal aid, the words: The host organization chosen by it " Are replaced by the words: " The organization that issued a Declaration of residence under the conditions laid down in Chapter IV of Title VI of Book II of the Code of Social Action and
'. -This Article is applicable as from 1 July 2007.
Article 142 of Law No. 2006-1666 of 21 December 2006 finance for 2007 is completed by an XI, a XII, a XIII and an XIV thus written:
" XI. -In the departments mentioned in II and for a period of three years, an experiment may be carried out in accordance with the provisions of Article 37-1 of the Constitution in order to promote the return to employment of beneficiaries of the solidarity allowance Specific, the allocation of an isolated parent and the allocation to adults with disabilities and to simplify access to the contract of the future set up in Article L. 322-4-10 of the Labour Code and the contract insert-minimum income for activity instituted under Article L. 322-4 of the Labour Code. L. 322-4-15 of the same code. The representative of the State in the département is authorised within this framework and under the conditions laid down in XIII to derogate by order:
" 1 ° In the first paragraph of Article L. 322-4-12 of the Labour Code, which defines the contract of the future as a Fixed-term contract, in order to enable the private employers mentioned in the 2 °, 3 ° and 4 ° of Article L. 322-4-11 of the same code to conclude a contract of the future in the form of a fixed-term contract or a contract of duration Indeterminate or a temporary employment contract;
" 2 ° In the first and third paragraphs of Article L. 322-4-12 and in the third paragraph of Article L. 322-4-15 -6 of the same Code, which establishes aid for the employer having concluded a Contract of the future or contract insert-minimum income of activity and set the terms and conditions. The State representative in the department shall implement flexible assistance in accordance with the number of hours worked, the category to which the employer belongs, the initiatives taken in the field of support and training In favour of the beneficiary, local economic conditions and the seriousness of the difficulties of access to employment;
" 3 ° A to Article L. 351-10 of the Labour Code, as well as to the third paragraph of Article L. 524-5 and the Article L. 821-7-2 of the Social Security Code, in the case where a modulable aid is implemented under 2 ° of this XI. The amount of the allowance paid respectively to the beneficiaries of the specific solidarity allowance, the isolated parent allowance and the allowance for adults with disabilities who have concluded one of the contracts referred to in Article L. 322-4-10 or Article L. 322-4-15 of the Labour Code is then reduced by the amount of the aid paid to the employer, within the limit of an amount equal to the minimum income allowance guaranteed to a person isolated pursuant to Article L. 262-2 of the Code Social action and families;
" 4 ° In the third paragraph of Article L. 322-4-10 of the Labour Code, which charges the département or commune of residence of the beneficiary or, where appropriate, the public establishment of inter-communal cooperation To which the municipality belongs to implement the contract of the future. The State alone shall carry out the implementation of the contracts of the future concluded by the beneficiaries of the specific solidarity allowance, the allowance for adults with disabilities and the allocation of the isolated parent in the context of the experiment and sign the Conventions for these contracts;
" 5 ° To the twelfth and thirteenth paragraphs of Article L. 322-4-11 of the Labour Code, as they set the minimum duration, the number of renewals and the maximum duration of the individual agreement Between the beneficiary of the contract of the future and the public authority responsible for the implementation of that contract, and the first and second subparagraphs of I of Article L. 322-4-12 of the same code, as they set the minimum duration and the Number of renewals of the future contract. Future contracts concluded in the framework of the experiment shall have a minimum duration of six months. When they are in the form of a fixed-term contract, they are renewable within 24 months.
" Individual contracts of the future shall have a minimum duration of six months and shall be renewable within the limits of 24 months;
" 6 ° The third paragraph of Article L. 322-4-15 -2 of the Labour Code, as it lays down the maximum duration of the agreement concluded between the public community and the employer of the beneficiary of the Insert-minimum income of activity and the fifth paragraph of Article L. 322-4-15 -4 of the same code, as it lays down the maximum duration of the contract insert-minimum income of activity where it is concluded for a fixed term. When it is in the form of a fixed-term contract, the contract insert-minimum operating income is renewable within 24 months.
" Individual contract agreements insert-minimum income of activity are Renewable within 24 months;
" 7 ° In the fifth paragraph of Article L. 322-4-12 of the Labour Code, as the Labour Code stipulates twenty-six hours the weekly working hours of the persons employed in the framework of a Contract of the future. The contract of the future concluded in the context of the experiment shall include a weekly working time of at least twenty hours without exceeding the duration provided for in the first subparagraph of Article L. 212-1 of the Code and in Article L. 713-2 of the Rural Code. ;
" 8 ° The second paragraph of Article L. 322-4-12 of the Labour Code, which provides for cases in which the contract of the future may be suspended. Where the contract of the future is concluded for a fixed term, it may be suspended, in addition to the cases already listed in the same paragraph, in order to enable the beneficiary to carry out traineeships or temporary work assignments when They have a minimum duration of two weeks;
" 9 ° In the first paragraph of Article L. 322-4-8 of the same Code, which defines the employment-initiative contract as an indefinite or fixed-term contract, in order to enable the Employers mentioned in the same article to enter into an initiative-employment contract in the form of a fixed-term contract, an indefinite contract or a temporary employment contract;
" The fourth paragraph of the I Article L. 322-4-7 of the same Code, which defines the accompanying employment contract as a fixed-term contract, in order to enable private non-profit-making bodies and private legal entities responsible for the Management of a public service to enter into an accompanying employment contract in the form of either a fixed-term contract, an indefinite contract or a temporary employment contract;
11 ° The second paragraph of III Article L. 322-4-8 and the last paragraph of Article L. 322-4-7 of the same Code, which provide for cases in which the employment-initiative contract and the employment contract may be suspended. Where the employment-initiative contract or the accompanying employment contract is concluded for a fixed term, they may be suspended, in addition to the cases already listed in those paragraphs, in order to enable the beneficiary to carry out traineeships in Undertaking or temporary work missions where they have a minimum duration of two weeks;
" 12 ° In the last paragraph of I of Article L. 322-4-8 of the same Code, which lays down the rules concerning the maximum duration of the Convention Of the contract for employment and the contract concluded for its application, as well as the rules on the conditions for its renewal. Individual agreements and related employment contracts, when they are in the form of a fixed-term contract, have a minimum duration of six months and are renewable within the twenty-four month limit. The duration of the aforementioned agreements may not exceed twenty-four months in the case of hiring on an indefinite contract;
" 13 ° In the third paragraph of I of Article L. 322-4-7 of the same Code, which lays down the rules concerning the maximum duration of the Agreement relating to the employment contract and the employment contract concluded pursuant to that contract, as well as the rules concerning the conditions for its renewal. Individual agreements and related employment contracts, when they are in the form of a fixed-term contract, have a minimum duration of six months and are renewable within the twenty-four month limit. The duration of the aforementioned agreements may not exceed twenty-four months in the case of hiring on an indefinite contract;
" 14 ° In II of Articles L. 322-4-7 and L. 322-4-8 of the same Code, which lays down rules on the maximum amount of aid paid By the State for the hiring of persons in employment contracts or on an initiative-employment contract, as well as the conditions under which it can be modulated. The State representative in the department may create flexible assistance depending on the number of hours worked, the category to which the employer belongs, initiatives taken in support and training In favour of the beneficiary, local economic conditions and the seriousness of the difficulties of access to employment;
" The contracts concluded in the framework of the experiment must provide for training actions and Support for the benefit of their owners. Adapted for the duration of the contract, they can be performed during and outside of the working time.
" XII. -In the objective of implementing a joint project of a single insertion contract, the Convention for the implementation of the experimentation provided for in IX may provide for the arrangements for the approximation of the rules laid down by the State for contracts of which it Shall be responsible for the financing under XI and the rules laid down by the Department for the contracts for which it is responsible and for which it shall be financed under the conditions of the IV.
" These experiments can also Carry on a part of the territory of the department which is experiencing difficulties in returning to the employment of the public concerned of a particular importance or nature.
" XIII. -The representative of the State in the address department for agreement with the Ministry responsible for employment a file describing the experiments envisaged, the objectives pursued, the expected results, the legislative and regulatory provisions Which it intends to derogate from and an evaluation protocol. After examining these files, the Minister responsible for employment shall draw up a list of departments in which the State representative in the department is authorised to conduct the experiment according to the provisions
XI. Representatives of The State implementing an experiment on the basis of XI shall prepare a report each year containing the information necessary for its evaluation, in particular the aggregated data on the characteristics of the beneficiaries and on the The benefits provided, as well as the elements relating to the impact of these measures on return to
. Before the expiry of the time limit for testing, they shall send to the Minister responsible for employment an evaluation report on Experimentation. They may require the support of the evaluation committee referred to in X.
" Before the expiry of the same period, the Government shall forward to Parliament an evaluation report on the experiments carried out in accordance with the This article.
" XIV. -A decree shall determine the arrangements for the implementation of this Article. "
I. -Article L. 131-6 of the Social Security Code is thus amended:
1 ° At the beginning of the first sentence of the fourth paragraph, the words: Calculated, each year " Are replaced by the words: " Established On an annual basis. They are calculated " ;
2 ° The last paragraph reads:
" By way of derogation from the fourth and sixth subparagraphs, non-salaried workers who may benefit from the schemes defined in Articles 50-0 and 102 ter of the general code of the Tax may, for the year in which their professional activity begins and the following two calendar years, request that all the contributions and social security contributions of which they are liable are calculated On a quarterly basis by applying to the amount of their turnover or non-commercial income actually realized in the preceding quarter the fraction referred to in Article L. 131-6-2 of this Code. This scheme shall remain applicable in respect of the calendar year in which the revenue or revenue limits provided for in the aforesaid articles of the General Tax Code are exceeded. "
II. -In the first paragraph of Article L. 131-6-1 of the Code, after the words: Labor code ", are inserted the words:" And where the last paragraph of Article L. 131-6 of this Code does not apply.
-After Article L. 131-6-1 of the same Code, Article L. 131-6-2 reads as follows: '
' Art. L. 131-6-2. -The compulsory social security contributions applicable to non-agricultural non-agricultural workers imposed under the scheme referred to in Articles 50-0 or 102 ter of the General Tax Code shall be subject to an exemption equal to the difference, if it Is positive, between the total contributions and social contributions of which they are liable and a fraction of their sales or non-commercial revenues.
" A decree fixes the fraction applicable to the categories of activities Under the same tax threshold under the same sections 50-0 or 102 ter. The fractions applicable to the different categories of activities shall be fixed so that there shall be no exemption where the turnover of the undertaking, in respect of each of the activities concerned, reaches an amount equal to the established thresholds By these same items 50-0 and 102 ter.
" This Article shall not apply in respect of periods during which non-agricultural non-agricultural workers benefit from the exemptions mentioned in the first subparagraph of Article L. 161-1-1, Articles L. 161-1-2, L. 161-1-3, L. 756-2 and the second paragraph of Article L. 756-5 of this Code, as well as in Article 14 of Act No. 96-987 of 14 November 1996 on the implementation of the relaunch pact for the city and Section 146 of the Finance Act 2002 (No. 2001-1275 of December 28, 2001). "
IV. -Article L. 133-6-2 of the same code is supplemented by a paragraph worded as follows: '
' By way of derogation from the first subparagraph, the self-employed under the last paragraph of Article L. 131-6 shall be exempt from the income tax return to the Social regime of self-employed persons. A decree fixes the specific reporting requirements that apply to them. "
V. Article L. 136-3 of the same code is thus amended:
1 ° At the beginning of the first sentence of the third paragraph, the words:" The contribution is, on a provisional basis, sitting " Are replaced by a sentence and words: " The contribution is Established on an annual basis. It is based, on a provisional basis, " ;
2 ° The last paragraph reads:
" By way of derogation from the third and fourth subparagraphs, the last paragraph of Article L. 131-6 shall apply where employers or workers Have exercised the option provided for in this paragraph. "
VI. -This section applies for the first time in the calculation of the 2007 income tax base contributions.
VII. -The III of Article L. 241-13 of the Social Security Code is supplemented by a paragraph worded as
: This maximum coefficient of 0.281 shall also apply to the groups of employers referred to in Article L. 127-1 of the Labour Code for the Employees exclusively made available, in the same month, to members of these groups which have a workforce of 19 or more employees within the meaning of Article L. 620-10 of the Labour Code. "
I. -A. -Order No. 2005-1529 of 8 December 2005 establishing a single social interlocutor for the self-employed is ratified.
B.-Article L. 611-20 of the Social Security Code, in its wording resulting from Article 6 of the same order, Modified:
1 ° In the first paragraph, after the words: " The encashment "shall be inserted the words:" And litigation " ;
2 ° In the second paragraph, the word: " Book " Is replaced by the words: " Title, including ".
II. -A. -Order No. 2005-1528 of 8 December 2005 on the establishment of the social system of self-employed persons is ratified.
B.-The IV of Article 2 of the same order is supplemented by a sentence so worded:
" Articles L. 614-2 and L. 614-3 Are repealed. "
C.-In the 4 ° of Article L. 143-1 of the Social Security Code, the words: Foundations of the social system of the self-employed " Are replaced by the words: " Regional Health Insurance Funds ".
D.-In the first paragraph of Article L. 652-3 of the Code, after the word: Maternity ", are inserted the words:" As well as the pension funds of the liberal professions, ".
III. -In the second sentence of the fourth paragraph of Article L. 953-1 of the Labour Code, in its drafting resulting from the III of Article 16 of Act No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises, the words: No later than 15 February " Are replaced by the words: " In addition to the provisional deadline for contributions and social contributions in February ".
I. -In the 1 ° of the I of Article 32 of Act No. 2006-339 of 23 March 2006 on the return to employment and on the rights and duties of the beneficiaries of social minima, the word: Two " Is replaced by the word: " Three ".
II. -In the first paragraph of Article 1 of Order No. 2006-433 of 13 April 2006 on the experiment of the vocational transition contract, the year: 2007 " Is replaced by the year: " 2008 ".
III. -In the second paragraph of Article 2 of the same order, the year: 2007 " Is replaced by the year: " 2008 ".
IV. -The last sentence of the last paragraph of Article 4 of the Order is replaced by the following two
: These periods may also be completed under temporary employment contracts concluded pursuant to Article L. 124-2 of the Code. They may not exceed a total duration of nine months. "
I. -The first paragraph of Article L. 314-9 of the Code of Social Action and Families is replaced by two paragraphs Thus written:
" The amounts of the charging elements relating to the care referred to in Article L. 314-2 shall be modulated according to the state of the person granted by the national grid referred to in Article L. 232-2 and Reference to the second subparagraph of Article 46 of Law No. 2005-1579 of 19 December 2005 on the financing of social security for 2006
The amounts of the charging elements relating to the dependency mentioned in 2 ° of Article L. 314-2 shall be modulated according to the state of the person granted by means of the national grid referred to in Article L. 232-2. "
II. -Beginning in 2007, the use of the repository referred to in III of Article 46 of Act No. 2005-1579 of 19 December 2005 of the financing of social security for 2006 applies to institutions renewing the multiannual agreement Referred to in Article L. 313-12 of the Code of Social Action and of families and establishments whose weighted average iso-resource group is equal to or greater than 800 points.
III. Article L. 315-16 of the Code of Social Action and Families is supplemented by a paragraph worded as follows: '
' Social and medico-social public institutions may apply, where appropriate, against residents, against their Both debtors and persons designated by sections 205, 206, 207 and 212 of the Civil Code. Such remedies fall within the competence of the family judge. "
I. Article L. 443-12 of the Code of Social Action and Families is
. -In the first paragraph of Article L. 443-4 of the Code, after the words: 'approval' shall be inserted as follows: ' Or, where applicable, the employer corporation ".
III. -Title IV of Book IV of the same Code is supplemented by a Chapter IV thus worded as follows:
"Chapter IV
" Home workers employed by persons with legal
Public or private law
" Art. L. 444-1. -Legal persons under public law or private law may, after the agreement of the chairman of the general council of the residence department of the family home, be employers of the family homers referred to in Article L. 441-1.
" The Family friendly staff employed by local authorities or their administrative public institutions are non-owners of these communities. Family-friendly employees employed by public social or medico-social institutions are non-holders of these institutions.
" The specific provisions applicable to them shall be laid down by
. This Chapter shall not apply to the family-friendly persons referred to in Article L. 443-10 having entered into a contract with a care institution or service to receive mentally ill persons in foster care.
" Art. L. 444-2. -Are applicable to persons covered by this Chapter the following provisions of the Labour Code:
" -Subsection 1 of Section 1 and Sections 2, 3, 4-2, 5, 5-1, 5-2, 7 and 8 of Chapter II of Title II of the Book I, as well as the Last paragraph of Article L. 123-1;
" -Title III and the preliminary chapters III, V and VI of Title IV of the book "Ier;
" -Section 2 of Chapter II, Section 2 of Chapter III, Chapters V and VI of Title II, and Title IV of Book II;
" -Section 1 of Chapter I of Title V of Book III;
" -Titles Ier, II, III and VI of Book IV;
" -books V and IX, with the exception of Title VII
Art. L. 444-3. -It is concluded, for each person granted, between the family home and his employer a written contract of
. A contract of employment shall be the subject of a trial period of three months, possibly renewable after written agreement of the Employee.
" For each person allowed, it is concluded between the person allowed, the foster family and, if the person so wishes, the employer a hospitality contract in accordance with the provisions of a standard contract established by regulation After notice of the representatives of the presidents of the general council.
" Art. L. 444-4. -Family friendly persons receive guaranteed remuneration for which the minimum amount is determined in reference to the minimum wage for growth. The amount of remuneration depends on the number of persons received and the duration of the work. This remuneration shall be supplemented by the allowances referred to in Article L. 442-1, 2 ° to 4 °. The amounts of the allowances referred to in 2 ° and 3 ° of the same Article L. 442-1 shall be between a minimum and a maximum fixed by decree.
" The number of days worked cannot exceed an annual ceiling of two hundred per employee. Fifty-eight days. The arrangements for determining the duration and monitoring of the organisation of work shall be fixed by collective agreement of work or, failing that, by decree.
" The employer shall keep at the disposal of the labour inspector for a period of three Years, the document (s) to record the number of days worked by the employee.
" Where the annual number of days worked, but not exceeding the legal limit mentioned above, exceeds the ceiling fixed by collective agreement of Work, after deduction, where appropriate, of the days allocated to a savings-time account and leave carried over under the conditions laid down in Article L. 223-9 of the Labour Code, the employee shall be entitled, in the first three months of the year The following number of additional days of leave equal to the observed exceedance and the working days limit for this year is reduced to due competition.
" Art. L. 444-5. -Where, by reason of the person granted, the reception of one or more persons is temporarily suspended, in particular in the case of hospitalization or residence in the natural family, the family hospitable shall be entitled to compensation including the amount and Remittance conditions are defined by Order in Council.
" An employer who cannot entrust to a family home the number of persons contractually scheduled, for a period of four consecutive months, is obliged to do so again To pay the full salary at the end of that period, or to make the economic dismissal of the family home, motivated by the absence of a person to entrust, or to the modification of an essential element of the employment
. Art. L. 444-6. -Family hospitable persons cannot separate themselves from all the persons they receive during weekly rest periods, holidays, paid leave and training leave without prior authorisation from their employer. The employer is obliged to grant the main leave requested during the period defined in the third subparagraph of Article L. 223-8 of the Labour Code. It shall be obliged to grant further leave, spread over the year, whose minimum duration is defined by decree.
" During the holidays of the hospitable persons, the employer is obliged to provide for the arrangements for the reception of the persons allowed by them by guaranteeing them Temporary reception of quality by another family home or social and medico-social institution.
" The initial and continuing training provided for in Article L. 441-1 of this Code shall be the responsibility of the employer who organises and Funds the welcome of the person (s) received during the training hours.
" Art. L. 444-7. -Where the family home covered by this Chapter has a mandate as a trade union representative, a trade union representative or a representative of the staff, the employer shall organise and finance, where appropriate, the reception of persons who are Usually assigned during the period of the exercise of this function.
" Art. L. 444-8. -In the event of withdrawal of authorisation, the employer shall be required to make the dismissal in accordance with the laws and regulations in
. The President of the General Council shall inform the legal person making use of the withdrawal or Changing the content of the approval of a family home.
" Art. L. 444-9. -In the event of a breach of the contract of employment on the initiative of the employer, except in the case of serious or heavy fault, and in the event of a breakdown at the initiative of the employee, the parties shall respect the following periods of
: 1 ° Fifteen days for a Age between three and six months;
" 2 ° One month for a seniority between six months and less than two years;
" 3 ° Two months for a period of at least two years. "
IV. -Article L. 241-10 of the Social Security Code reads as follows: '
' II. -Individuals and legal persons who have entered into a contract in accordance with Articles L. 442-1 and L. 444-3 of the Code of Social Action and of the families for the reception by individuals of persons referred to in a C, d and e of the I of this Article are fully exempt, under the conditions laid down in the penultimate paragraph of the same I, of social insurance contributions, accidents at work and family allowances due to remuneration Pay to these family homers. "
I. -After Article L. 117-2 of the Code of Social Action and Families, Article L. 117-3 is inserted. Written:
" Art. L. 117-3. -Support for the family and social reintegration of former migrants in their country of origin. This help is the responsibility of the state.
" It is open to foreigners who are not nationals of a Member State of the European Union or party to the agreement on the European Economic Area, on a regular basis, living alone:
" -at least Sixty-five years or at least sixty years in case of incapacity for work;
" -which justify a regular and uninterrupted residence in France during the 15 years preceding the request for assistance;
" -which are hosted, at the time of Request, in a migrant worker's home or in rental-use housing whose donors undertake to comply with certain obligations under agreements concluded with the State;
" -revenues below a threshold Fixed by decree in the Council of State;
" -and who make long-term stays in their country of origin.
" The amount is calculated on the basis of the recipient's resources. It shall be paid annually and revised, as appropriate, once a year, depending on the evolution of the non-tobacco prices provided for in the report on the economic, social and financial perspectives of the Nation annexed to the bill Of the year.
" It is not subject to income tax.
" Help is deleted when it is found that one of the requirements for its service is no longer fulfilled.
" The benefit of the aid is deleted at the request Beneficiaries, at any time, in the event of a waiver of long-term stays in their country of origin. In the event of a waiver of this assistance, the beneficiaries shall be reinstated in their rights related to the residence
The aid is assignable and garnishable under the same conditions and limits as salaries.
" It is served by the Agency National reception of foreigners and migration.
" It is exclusive of all personal assistance to housing and all social minima.
" It is in no way a social security benefit.
" The conditions of Residence, housing, resources and length of stay in the country of origin laid down for the benefit of the aid, as well as its calculation and payment terms, are defined by decree in the Council of State. The other implementing rules, concerning in particular the supervision of the requirements, are laid down by decree. "
II. -Before 31 December 2009, the Government shall submit to Parliament an evaluation report on the scheme set up in this Article.
I. -Before the last paragraph of Article L. 311-7 of the Social Security Code, it is inserted a paragraph worded as follows: '
' By way of derogation from the first subparagraph and to any contrary provision, the beneficiary shall The family and social reintegration of former migrants laid down in Article L. 117-3 of the Code of Social Action and Families, while in France, is entitled to benefits in kind from sickness and maternity insurance of the scheme Compulsory health and maternity insurance at the time of departure or, failing that, the general social security scheme. "
II. -At the beginning of the last paragraph of the same article, the words: The same provisions " Are replaced by the words: " The provisions of the first paragraph ".
I. -Article 199 sexdecies of the general tax code is thus amended:
1 ° 1 is thus amended:
a) In the a, the words: " Or the use of an association or enterprise approved by the State, " Are Deleted;
b) b becomes a c;
c) It is restored a b so written:
" (b) The use of an association, undertaking or body which has received a registration issued by the State and which renders services referred to in a; "
2 ° The first paragraph of the 4 is thus amended:
a) The words: At 4 ° and 5 ° of " Are replaced by the word: " To " ;
b) Words: " For the employment of an employee at their residence and paid by means of the employment cheque-universal service provided for in Article L. 129-5 of the same code " Are replaced by the words: " In respect of employment, their residence, an employee or in the event of the use of an association, undertaking or body mentioned in the b or c of 1 " ;
3 ° In a of 4, after the word: " ", are inserted the words:" Or is entered on the list of job seekers provided for in Article L. 311-5 of the Labour Code for at least three months' ;
4 ° In the b of 4, words: " Both of which have an activity Professional during the year of payment of expenses " Are replaced by the words: " Both satisfy one or the other of the conditions set out in the preceding paragraph " ;
5 ° b of 5 is thus written:
" (b) People Mentioned in 4 which supported these expenses at the residence of a bottom-up. "
II. -In Articles L. 129-3 and L. 129-15 of the Labour Code, the words: Tax reduction " Are replaced by the words: " Help ".
III. -This Article shall apply from the taxation of income for the year 2007.
In the 2 ° of Article L. 129-5 of the Labour Code, the reference: In Article L. 227-6 of the Code of Social Action and Families " Is replaced by the words: " Persons organising a reception for children in pre-school or elementary school, limited to hours Preceding or following the class ".
I. -The provisions of articles 44 octies A and 1383 C bis of the general code of Of Article 1466 A of the same Code applicable to undertakings and establishments existing on 1 January 2006 and to buildings attached to that same date at those establishments, in the urban free zones defined in the The second subparagraph of B of 3 of Article 42 of Act No. 95-115 of 4 February 1995 for the development and development of the territory, applies under the same conditions to undertakings and establishments existing as of 1 January 2007 As well as the buildings attached to those establishments on that same date, in the parts of the municipalities included in the extensions of the urban free zones mentioned in B of 3 of Article 42 of Act No. 95-115 of 4 February 1995, cited above and The list appears in the I and I bis of the annex to Act No. 96-987 of 14 November 1996 on the implementation of the recovery pact for the city resulting from changes in the boundaries of those areas in
. -The undertakings mentioned in the I and wishing to benefit from the provisions of Article 1466 A of the General Tax Code for the years 2007 and 2008 must apply to them, for each establishment, before 31 December 2007.
III. -The owners of the property tax on properties built in respect of buildings mentioned in the I and who wish to benefit from the provisions of Article 1383 C bis of the General Tax Code for the years 2007 and 2008 must subscribe to the Declaration referred to in the B of III of Article 29 of Act No. 2006-396 of 31 March 2006 for equal opportunities with the tax department of the place of situation of goods no later than 30 November 2007.
I. -The last paragraph of Article L. 262-9-1 of the Code of Social Action and Families reads as follows:
" Nationals of the Member States of The European Community and the other States Parties to the Agreement on the European Economic Area, who have entered France in order to seek and maintain employment there, do not benefit from the minimum income for insertion. "
II. -Article L. 380-3 of the Social Security Code is supplemented by a 6 ° thus written:
" 6 ° Nationals of the Member States of the European Community and of the other States Parties to the Agreement on the European Economic Area, entered into France To search for and maintain employment there. "
III. -The third paragraph of Article L. 524-1 of the Code is supplemented by the following sentence:
" Nationals of the Member States of the European Community and of the other States Parties to the Agreement on the European Economic Area, entered into France to look for and maintain employment there, do not benefit from the allowance. "
The fourth paragraph of Article L. 311-9 of the code of entry and residence of aliens and the right of asylum is Completed with a sentence so written:
" The same applies to foreigners between sixteen and eighteen years of age who are entitled to a residence permit and subject to the provisions laid down in Article L. 314-12. "
Article 108 of Act No. 2004-809 of 13 August 2004 on local freedoms and responsibilities is thus drafted :
" Art. 108. -Officials who request their integration into the territorial civil service are governed by the special scheme of the National Pension Fund for Local Community Employees as from the effective date of integration. When they meet the conditions laid down by the rules of that scheme, they may be entitled to a pension which pays for the actual services performed, including for the State, prior to integration. In return, in order to ensure full financial compensation for the expenses thus insured on behalf of the State, a portion of the value added tax referred to in Article 256 of the General Tax Code shall be allocated to the National Fund for Pensions of local officials under conditions laid down by a financial law. "
The last paragraph of Article 2 of Article 2 of Law No. 2000-108 of 10 February 2000 on modernisation and The development of the public electricity service is supplemented by the following words: Or special pricing "first necessity product".
In the last paragraph of Article 28 of Law No. 2004-803 of 9 August 2004 on the public service of electricity and gas and electricity and gas undertakings, the words: Up to the expiration of a time limit May exceed three years from the date of publication of this Law " Are replaced by the words: " Until 31 December 2007 ".
The Government tables in Parliament, before December 1, 2007, a report on compensation for damage to buildings caused by the drought in the summer of 2003. This report sets out in particular a statement, by department, of the claims submitted, the financial commitments and the payments made in connection with the scheme provided for in Article 110 of Act No. 2005-1719 of 30 December 2005 For 2006, as well as the list of municipalities which benefited from it. It assesses the adequacy of the financial resources available to the needs expressed, as well as the relevance of the criteria for the recognition of the state of natural disaster. It formulates proposals for improving conditions for compensation for natural disasters.
At the end of the Second paragraph of Article 111 of Law No. 2004-1484 of 30 December 2004 on finances for 2005, the amount: EUR 3.2 million ' Is replaced by the amount: " EUR 6.2 million ".
I. -The last sentence of the last paragraph of Article L. 131-73 of the Monetary and Financial Code reads as
: The fees collected shall not exceed an amount fixed by decree. "
II. -Article L. 312-1-1 of the same code is supplemented by a III so worded:
" III. -The amount of bank charges arising from an incident of payment other than the rejection of a cheque shall be capped under conditions laid down by decree according to the nature and amount of the incident, without exceeding in any event the latter Amount. "
After Article L. 331-3 of the Consumer Code, it is inserted an article L. 331-3-1 thus written:
" Art. L. 331-3-1. -Referral to the judge for the purposes of personal recovery shall entail the suspension of the execution routes, including measures for the removal of the debtor's accommodation, up to the opening judgment. "
Section L. 331-7-1 of the Consumer Code is thus modified:
1 ° After the words: " It may ", the end of the first sentence of the first subparagraph shall read as follows: Recommend suspension of The chargeability of claims other than food for a period not exceeding two years is, by a special and reasoned proposal, to recommend the partial cancellation of claims. " ;
2 ° After the same sentence, the following sentence is inserted:
" In this case, the measures provided for in Article L. 331-7 may be implemented as long as the partial cancellation of the claims makes them possible. " ;
3 ° The first sentence of the last paragraph reads as follows:
" In the event that the committee recommends the suspension of the chargeability of claims other than food, it shall re-examine, after the period of suspension, the situation of Debtor. " ;
4 ° The third sentence of the last paragraph is supplemented by the words: " Possibly combined with the measures of Article L. 331-7. "
I. -Article L. 332-6 of the Consumer Code is supplemented by a paragraph worded as follows:
" Notwithstanding anything to the contrary, the judge may obtain information to enable him or her to Assess the situation of the debtor and the possible development of the debtor. "
II. -In the d of Article L. 334-5 of the Code, the words: Last " Are replaced by the words: " In the penultimate ".
The first paragraph of Article L. 332-8 of the Consumer Code reads:
" The judge shall decide on any claims against claims and shall pronounce the judicial liquidation of the Shall be excluded from the exempt assets listed in Article 14 of Law No. 91-650 of 9 July 1991 on the reform of civil enforcement proceedings, as well as goods whose sales costs would be manifestly disproportionate to the Consideration of their venal value and the non-professional assets necessary for the performance of the debtor's professional activity. "
The last sentence of the first subparagraph of Article L. 332-9 of the Consumer Code reads:
" Where the assets realized are insufficient to disinterest creditors, where the debtor does not Has anything other than the supply of the goods necessary for the everyday life and the non-professional property necessary for the performance of his or her professional activity, or where the asset is made up of property that is not of market value or of which The selling costs would be manifestly disproportionate to their venal value, the judge shall declare the closure for insufficiency of assets. "
This Law shall be enforced as the law of the State
Done at Paris, March 5, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
Minister of the Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
The Minister of Health and Solidarities,
Xavier Bertrand
Minister of Agriculture and Fisheries,
Dominique Bussereau
The Minister of the Public Service,
Christian Jacob
The Minister for Overseas,
François Baroin
The Minister of Small and Medium Enterprises,
of Commerce, the Handicrafts
and the Professions,
Renaud Dutreil
The Minister Delegate to the
Budget and to State Reform,
spokesperson for the Government,
Jean-François Copé
The Minister of Employment, at work
and the professional integration of young people,
Gérard Larcher
Associate Minister for Social Cohesion
and parity,
Catherine Vautrin
Associate Minister
to Territorial Communities,
Brice Hortefeux
The Minister responsible for Social Security,
for the Elderly,
aux Persons with disabilities
and family,
Philippe Bas
Industry Minister,
François Loos
(1) Preparatory work: Law n ° 2007-290.
Senate:
Bill 170 (2006-2007);
Report by Mr Bernard Seillier, on behalf of The Committee on Social Affairs, No. 181 (2006-2007);
Opinion by Mr Dominique Braye, on behalf of the Committee on Economic Affairs, No 174 (2006-2007);
Opinion by Mr Pierre Jarlier on behalf of the Committee Laws, No. 175 (2006-2007);
Discussion on 30, 31 January and 1 February 2007 and adoption, after emergency declaration, on 1 February 2007.
National Assembly:
Bill, Adopted by the Senate, No 3656;
Report by Mrs Christine Boutin, on behalf of the Committee on Cultural Affairs, No 3671;
Opinion by Mr Jérôme Bignon, on behalf of the Committee on Economic Affairs, No 3675 ;
Opinion of Mr. Georges Fenech, on behalf of the Law Commission, No. 3685;
Discussion on 15, 20 and 21 February 2007 and adopted on 21 February 2007.
Senate:
Draft Law, as amended by the National Assembly, No. 260 (2006-2007);
Report by Bernard Seillier, on behalf of the Joint Joint Committee, No. 261 (2006-2007);
Discussion and adoption on 22 February 2007 (2006-2007).
National Assembly:
Report by Christine Boutin, on behalf of the Joint Joint Committee, No. 3767;
Discussion and adoption on 22 February 2007.
