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Decision N ° 2012-658 December 13, 2012 Dc

Original Language Title: Décision n° 2012-658 DC du 13 décembre 2012

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Folders Laws





JORF n ° 0294 of 18 December 2012 page 19856
text n ° 3



Decision No. 2012-658 DC of 13 December 2012

NOR: CSCL1242301S ELI: Not available "text-decoration: none;" Id="JORFARTI000026786114 " name="JORFARTI000026786114">



(
PROGRAMMING ACT AND PUBLIC FINANCES GOVERNANCE)


The Constitutional Council was seized on November 23, 2012, by The Prime Minister, In accordance with Articles 46, paragraph 5, and 61, paragraph 1, of the Constitution, of the Organic Law on the Programming and Governance of Public Finances.
The Constitutional Council,
Given the Constitution;
Seen Order n ° 58-1067 of 7 November 1958 as amended by the Organic Law on the Constitutional Council;
Seen Organic Law No. 2001-692 of August 1, 2001 Financial laws;
Given the social security code ;
Given the decision of the Constitutional Council n ° 2012-653 DC of 9 August 2012 on the Treaty on Stability, coordination and governance within Economic and Monetary Union, signed in Brussels on 2 March 2012;
In view of the Government's observations, recorded on 4 December 2012;
The rapporteur has been heard;
1. Considering that the Organic Law submitted for consideration by the Constitutional Council consists of twenty-eight articles divided into five separate chapters; that it has been adopted in accordance with the rules of procedure laid down in the first three paragraphs of Article 46 of the Constitution;
2. Considering that, following the decision of 9 August 2012 referred to above and taking into account the choice opened by Article 3 of the Treaty on Stability, Coordination and Governance within the Economic Union and Monetary, the main purpose of this organic law is to determine the provisions " Including full compliance and strict compliance " Throughout the budgetary process, the balance of public finances provided for in Article 3 (1) of the Treaty is to take effect; Article 28 of the Organic Law makes the entry into force of the whole Its provisions to that of the Treaty;
3. Considering that this organic law contains provisions relating to the laws for the programming of public finances and to finance laws and social security financing laws and establishes a High Council of Finance Public;
On the scope of the constitutional clearance and applicable reference standards:
4. Considering that under the eighteenth paragraph of Article 34 of the Constitution: Financial laws shall determine the resources and expenses of the State under the conditions and on the reserves provided for by an organic law " ; that the first paragraph of Article 47 provides: The Parliament votes the bills of finance under the conditions laid down by an organic law " ;
5. Considering that under the nineteenth paragraph of Article 34 of the Constitution: The financing laws of social security determine the general conditions of its financial equilibrium and, in the light of their revenue forecasts, set its expenditure objectives, under the conditions and on the reserves provided for by a law Organic " ; that the first paragraph of Article 47-1 provides: The Parliament votes the bills for the financing of social security under the conditions laid down by an organic law " ;
6. Considering that under the twenty-first paragraph of Article 34 of the Constitution: The multiannual guidelines for public finances are defined by programming laws. They are part of the objective of balancing the accounts of public administrations " ;
7. Considering that under the twenty-second paragraph of Article 34 of the Constitution: The provisions of this Article may be specified and supplemented by an organic law " ;
8. Considering that the twenty-second paragraph of article 34 of the Constitution provides for the adoption of provisions of an organic nature to establish the framework of programming laws relating to the multiannual financial guidelines That, on that basis and on that of the eighteenth and nineteenth paragraphs of Article 34 of the Constitution with regard to the laws of finance and social security financing laws, the organic legislator may, In order to regulate these laws, adopt provisions relating, in particular, to the objective at The adjustment path of the budgetary position of the general government, the correction mechanism of the general government and the independent institutions involved throughout the budgetary process;
9. Considering that, in the exercise of the jurisdiction conferred upon it by both the eighteenth, nineteenth and twenty-second paragraphs of Article 34 than by the first paragraph of Article 47 and the first paragraph of Article 47-1 of the Constitution, the organic legislator must respect the principles and rules of constitutional value;
On the provisions relating to the laws of public finance programming:
With regard to the exclusive domain of laws Public finance programming:
10. Considering that Article 1 of the Organic Law provides that the Law on the Programming of Public Finances lays down the medium-term objective of public administrations, determines the trajectories of structural balances and annual counts of accounts Public administrations and the structural effort in respect of each of the years of the programming period; that this Article defines the medium-term objective of public administrations by reference to Article 3 of the said Treaty; That it also defines the structural balance and the structural effort in the sense and for The application of the Public Finance Programming Act; and
11. Considering that Article 2 supplements the content of the multiannual guidelines for public finances defined by the law on the programming of public finances; that it lists compulsory multiannual guidelines and guidelines Optional multi-year;
12. Considering that the multiannual guidelines thus defined by the Law on the Programming of Public Finances do not affect the freedom of assessment and adaptation that the Government derives from Article 20 of the Constitution in the determination and conduct of the Nation's policy; that they do not have the effect of undermining the prerogatives of Parliament in the examination and voting of bills of finance and bills of Funding for social security or any other proposed or proposed legislation; Conditions, Articles 1 and 2 are not contrary to the Constitution;
With regard to the programming period of public finance laws:
13. Considering that Article 3 establishes the minimum programming duration of the law for the programming of public finances and provides that each of the multiannual guidelines set out in this Law shall be defined for a specified period;
14. Considering that this article does not preclude the legislator from amending, during the programming period, a public finance programming law or adopting a new public finance law; that it does not contravene any principle No rule of constitutional value;
With respect to the shared optional domain of public finance programming laws:
15. Considering that Article 4 provides that the law on the programming of public finances may include " Rules relating to the management of public finances not covered by the exclusive domain of finance laws and social security financing laws and to the information and control of Parliament on such management " ; it specifies that such optional provisions must be submitted " Separately from the multi-annual guidelines for public finances " ;
16. Considering that, if the optional content provided for in Article 4 is not related to " Multi-year guidelines for public finances " And, subsequently, does not correspond to the field of the programming laws of public finances, as defined by the twenty-first paragraph of Article 34 of the Constitution, the twenty-second paragraph of that article empowers, however, the legislator to Specify and supplement the provisions of the twenty-first paragraph; that the organic legislator could define categories of provisions likely to be included in both the law for the programming of public finances and in a financial law, A social security financing law or other law;
17. Considering that by referring to " Rules relating to the management of public finances not covered by the exclusive domain of finance laws and the financing laws of social security and to the information and control of Parliament on this management ', the legislator Organic has defined an optional domain only with provisions relating to the management of public finances as well as provisions relating to information and control by Parliament on this management; Not one of these two fields will not be able to find its place in the law of finance programming That, under these conditions, Article 4 is not contrary to the Constitution;
As regards the report annexed to the law on the programming of public finances:
18. Considering that Article 5 defines the content of the report annexed to the draft law on the programming of public finances and giving rise to the approval of Parliament; that it is not contrary to the Constitution;
As regards the principle of Sincerity of public finance programming laws:
19. Considering that Article 6 of the Organic Law sets out the principle of the sincerity of public finance programming laws, stating: " Its sincerity shall be appreciated in the light of the information available and the predictions which may reasonably be expected to result therefrom " ; that, in particular, in article 13, the High Council for Public Finance provides an opinion on the macroeconomic forecasts on which the draft public finance bill is based; that the sincerity of the law Programming will have to be appreciated, in particular by taking account of this opinion;
On the provisions on finance laws and social security financing laws:
With regard to the introductory article of finance laws and Social security amending funding laws:
20. Considering, first, that the first paragraph of Article 7 provides that the financial law of the year, the amending financial laws and the amending financing laws of social security " Include an introductory article presenting a summary table for the year on which they relate, the statement of the forecast of the structural balance and the actual balance of the general government, with the indication of the Calculations allowing the passage from one to the other " ; that the second paragraph specifies that, for the financial law of the year, this table also indicates " The structural and effective balances of the general government as a result of the implementation of the last year and the implementation forecasts for the current year " ; that the 1 ° of paragraph I and paragraph II of Article 24 introduce the reference to this introductory article in article 34 of the Organic Law of August 1, 2001 and in article LO 111-3 of the social security code ;
21. Taking the view that the first two sentences of Article 8 also provide for an introductory section of the Rules of Procedure, including a summary table; that Article 24, paragraph 1, introduces the reference to this introductory article in Article 37 of the Organic Law of 1 August 2001;
22. Considering that these provisions introduce into the financial laws and certain financing laws of social security an introductory article which does not fit into any of the defined parts, for the financial laws, by section 34 of the Act Of 1 August 2001 and, for the social security financing laws, by theArticle LO 111-3 of the Safety Code That on the one hand, they include provisions Providing for the presentation of forecasts and balances in particular for the State as well as for compulsory basic social security schemes; as such, they find their basis in the empowerment conferred on the Organic Law The eighteenth and nineteenth paragraphs of Article 34 of the Constitution; that, on the other hand, the other provisions contained in this introductory article relate to all public administrations; that all these provisions have To provide information to Parliament;
23. Considering, second, that the B of paragraph IV of Article 23 provides that the introductory article of a draft financial law other than the Settlement Act may declare exceptional circumstances within the meaning of Article 3 of the Treaty or finding that such circumstances no longer exist; that this provision does not require a constitutional remark;
24. Considering, in the third place, that the last paragraph of Article 7 defines the contents of the explanatory memorandum, for the introductory article, the draft finance bills of the year, draft bills of amendment and draft laws Amending funding for social security; that the last sentence of Article 8 defines the content of the explanatory memorandum for the preliminary article of the draft regulation;
25. Considering that these provisions, which are intended to improve the information of Parliament, cannot be an obstacle to the review of the financial bills of the year, draft bills of amendment and financing bills Amendment of social security under the conditions laid down in Articles 47 and 47-1 of the Constitution; that, as a result, their ignorance cannot give rise to the application of the procedure laid down in the fourth paragraph of Article 39 of the Constitution. The Constitution;
26. Considering that it follows that, under this reservation, the last paragraph of Article 7 and the last sentence of Article 8 are not contrary to the Constitution; that, for the remainder, Articles 7 and 8, the B of Article 23, paragraph IV That the 1 ° and the 2 ° of paragraph I and paragraph II of Article 24 are not contrary to the Constitution;
With regard to the reports and annexes of the draft finance bills and social security financing bills :
27. Considering that paragraph I of Article 9 supplements the contents of the report annexed to the draft budget law of the year, so that this report presents the estimated evaluation of the structural effort and of the detailed actual balance by sub-sector Public administrations; that paragraph II of the same article supplements the content of the report annexed to the draft Social Security Financing Act, so that this report presents the forecast evaluation of the structural effort of the schemes Basic social security for the coming year; that the 3 ° of Article 24, paragraph I, amends by coordination Article 50 of the Organic Law of 1 August 2001 and Article 24, paragraph III, amends by coordination the article LO 111-4 of the social security code ;
28. Considering that the last paragraph of paragraph I of Article 23 supplements the provisions to be included in the report annexed to the draft regulation provided for in Article 48 of the Organic Law of 1 August 2001 in the event of a significant deviation from the Multi-year guidelines for the structural balance of the general government as defined in Article 23, paragraph II; that it provides that the attached report should present the corrective measures envisaged;
29. Considering that the second subparagraph of paragraph III of Article 23 creates a report annexed to the draft financial law of the year and to the draft social security financing law of the year in the event of a significant departure from the guidelines Multi-year structural balance of the general government as defined by article 23, paragraph II; and article 24, paragraph 1, amend by coordination of article 51 of the Organic Law of 1 August 2001 and Article 24, paragraph III, amends by coordination the article LO 111-4 of the Social Security Code ; that this report annexed " Analyses the correction measures envisaged, which may relate to all public administrations or to certain sub-sectors only, with a view to returning to the multiannual guidelines for structural balances defined by the law of Public finance programming " And, if applicable, " Justifies the differences in the scope and timing of these correction measures in relation to the indications contained in the law on the programming of public finances pursuant to Article 2 (5)." ;
30. Considering that the provisions of the annexed reports provided for in the last paragraph of paragraph I and the second subparagraph of paragraph III of Article 23 do not affect the freedom of assessment and adaptation that the Government derives Article 20 of the Constitution in the determination and conduct of the Nation's policy;
31. Considering that Article 24, paragraph 1, of Article 24 supplements the contents of the annexes to the draft regulation under Article 54 of the Organic Law of 1 August 2001, providing for the list of partnership contracts and Of the State's emphyteutic leases, with their amounts and deadlines and the opinion of the High Council for Public Finance provided for in Article 23, paragraph I;
32. Considering that Article 25 supplements the contents of the report annexed to the draft financial law of the year provided for in Article 50 of the Organic Law of 1 August 2001 and repeals Article 52 of that same Organic Law relating to the report retracing All compulsory levies as well as their evolution presented by the Government at the opening of the ordinary session; The financial evaluation for the current year and the following two years, of each provision, of a legislative or regulatory nature, relating to compulsory and proposed levies by the Government " Which shall be included in the report annexed to the draft financial law of the year shall not affect the freedom of assessment and adaptation that the Government derives from Article 20 of the Constitution in determination and Conduct of the Nation's policy;
33. Considering that Article 26 supplements the content of the documents and annexes to the draft Regulation provided for in Article 54 of the Organic Law of 1 August 2001 in order to include the amount of tax expenditure and the annual reports of Performance report the amount of tax expenditures by program;
34. Considering that these new provisions relating to reports and documents annexed to finance bills and social security financing bills are intended to strengthen Parliament's information; that the provisions Relating to reports and documents annexed to finance bills and social security financing bills are not contrary to the Constitution;
With regard to the optional domain of the financing laws of the Social security:
35. Considering that Article 27 modifies the optional field of social security financing laws; that it is not contrary to the Constitution;
On the provisions relating to the High Council of Public Finance:
36. Considering that chapter III of the Organic Law is relative to the High Council of Public Finance to give an opinion, in particular, on the macroeconomic forecasts and the estimation of the potential gross domestic product on which Are based on the draft law on the programming of public finances, the draft financial law of the year and the bill for the financing of social security of the year; that, as a result, the provisions relating to composition, powers and functions And the rules of operation of the High Council have an organic character to the extent that They relate to the terms and conditions of its participation in the budgetary process and to the guarantees of competence and independence of its members;
As regards the composition of the High Council of Finance Public:
37. Considering, first, that Article 11 provides that the High Council for Public Finance is an independent body placed with the Court of Auditors and chaired by the first President of the Court of Auditors; that, pursuant to paragraphs 2 to 6 of this article: " In addition to its President, the High Council of Public Finance has ten members:
" 1 ° Four judges of the Court of Auditors in operation at the Court, appointed by its first chairman; these members are appointed after their public hearings by the financial committees and the social affairs committees of the Assembly National and Senate;
" 2 ° Four members appointed, respectively, by the Speaker of the National Assembly, the Speaker of the Senate, the Presidents of the Finance Committees of the National Assembly and the Senate due to their expertise in the field of forecasting Macroeconomic and public finances; these members are appointed after joint public hearings by the Finance Committee and the Social Affairs Committee of the Assembly concerned. They cannot perform elective public functions;
" 3 ° A member appointed by the President of the Economic, Social and Environmental Council on the basis of his competence in the field of macroeconomic forecasting and public finances; this member shall be appointed after public hearing by the committees And the Social Affairs Committees of the National Assembly and the Senate. It cannot perform elective public functions;
" 4 ° The Director General of the National Institute of Statistics and Economic Studies " ;
38. Considering that, on the one hand, under Article 16 of the Declaration on Human and Citizen's Rights of 1789: Any society in which the guarantee of rights is not guaranteed, nor the separation of powers, has no Constitution " ;
39. Considering that the principle of the separation of powers precludes, in the absence of a constitutional provision permitting, the power of appointment by an administrative or judicial authority is subordinated to the hearing by The parliamentary assemblies of the persons whose appointment is envisaged; that by imposing the hearing, by the committees on finance and social affairs of the National Assembly and the Senate, of the judges of the Court of Auditors designated by the The first President of this Court and of the Member designated by the President of the Economic, Social and Environmental Council, the provisions of 1 ° and 3 ° of Article 11 have disregarded the requirements resulting from the separation of powers; that, in accordance with Article 11, the words " These members are appointed after their public hearings by the Finance Committees and the Social Affairs Committees of the National Assembly and the Senate. In the 1 °, and the words: " This member shall be appointed after public hearing by the Finance Committees and the Social Affairs Committees of the National Assembly and the Senate " Appearing at 3 ° must be declared to be contrary to the Constitution;
40. Considering that, on the other hand, by providing that the members of the High Council appointed by the President of the National Assembly, the President of the Senate and the chairmen of the Finance Committees of the National Assembly and the Senate " Appointed after a joint public hearing of the Committee on Finance and the Social Affairs Committee of the Assembly concerned ", the legislator adopted provisions on the functioning of assemblies which do not have a Organic character;
41. Considering that, for the remainder, the provisions of paragraphs 2 to 6 of Article 11, which provide for appointment to the High Council of Judges of the Court of Auditors in operation at the Court and of persons distinguished for their competence In the field of macroeconomic forecasting and public finance, which prohibit the exercise of elective public functions, have adopted guarantees of competence and independence of the members of the High Council; Provisions are not contrary to the Constitution;
42. Considering, second, that the seventh preambular paragraph of Article 11 relates to the number of women and men who make up the High Council for Public Finance; that under this paragraph: All members appointed under 1 ° and all members appointed under 2 ° include as many women as men. A drawing of lots, laid down by decree in the Council of State, indicates whether, for the initial constitution of the High Council of Public Finance, the member to be appointed by each of the five authorities mentioned at 2 ° and 3 ° is a Man or woman. On each renewal of the members appointed under the same 2 ° and 3 °, the succeeding member of a woman shall be a man and the successor to a man a woman. The replacement of a member appointed under 1 °, 2 ° or 3 ° shall be of the same sex " ;
43. Whereas under the second paragraph of Article 1 of the Constitution: The law promotes equal access for women and men to electoral mandates and elected office, as well as to professional and social responsibilities " ; that, on that basis, it was open to the legislature to adopt provisions aimed at promoting parity within the High Council for Public Finance; that it belongs to the regulatory power, under the control of the Council of State, To determine the terms of the drawing of lots to ensure that this objective is respected on an ongoing basis; that, however, those provisions, which are not related to the guarantees of competence and independence of the members of the High Council, do not have a Organic character;
44. Considering, third, that the eighth preambular paragraph of article 11 provides that the members of the High Council for Public Finance are not remunerated; that its ninth to eleventh subparagraphs relate to the different terms of office of its members ; the twelfth paragraph provides that, in the exercise of their mandate, members of the High Council may not seek or receive any instruction from the Government or any other public or private person; that the thirteenth paragraph provides for Conditions for replacing a member of the High Council in the event of death or resignation; The last paragraph sets out the manner in which, in the event of permanent physical incapacity or serious breach of the obligations of a member of the High Council referred to in 1 °, 2 ° and 3 ° of Article 11 referred to above, his or her duties may be terminated; That these provisions, relating to the guarantees of independence of members of the High Council, are not contrary to the Constitution;
With regard to the consultation of the High Council on Public Finance:
45. Considering that Article 12 relates to the forecasts and estimates to be taken into account by the High Council of Public Finance when expressing an opinion on the estimated gross domestic product or on a growth forecast;
46. Considering that Articles 13 and 14 relate to the opinion of the High Council on Public Finance on the macroeconomic forecasts and the estimated gross domestic product on which the draft programming bill is based Public finances, the draft financial law of the year and the draft social security financing law of the year; that for this purpose, these articles shall have no later than one week before the bill is before the Council of State, The Government shall forward to the High Council this draft, as well as any other To assess, with regard to the draft programming legislation, the coherence of the programming envisaged in relation to the medium-term objective selected and the European commitments of France or, in the case of finance and financing bills Social security, the coherence of the preliminary draft of the draft finance law in the light of the multiannual guidelines for structural balance laid down in the law on the programming of public finances; that the opinion of the High Council is attached to the Draft programming legislation or the draft financial law of the year at the time of its Transmission to the Council of State and at the time of deposit to the National Assembly; that it is then made public by that deposit; that it is also apparent from the first and last subparagraphs of Article 23, paragraph III, that the opinion of the High Council includes a Assessment of corrective measures in the event of a significant deviation from the multiannual structural balance guidelines laid down in the law on the programming of public finances;
47. Considering that Article 15 relates to the consultation of the High Council on Public Finance in connection with any draft amending finance law or any draft amending financing law for social security; That, when the Government intends to submit such a project to the National Assembly, it shall without delay inform the High Council of the Macroeconomic Forecasts which it retains for the preparation of this draft and shall forward it to the National Assembly. To assess the coherence, with regard to the programming of public finances, of the project Of the amending financial law or of the Social Security amending financing bill; that, according to the last sentence of this Article: Before the adoption at first reading by the National Assembly of the draft amending finance bill or of the draft amending financing law for social security, the High Council shall issue a public opinion on all the elements mentioned In this Article." ;
48. Considering that Article 16 provides for the early consultation of the High Council for the same purposes when the Government intends to revise, in the course of its consideration by Parliament, the macroeconomic forecasts on which a draft law is based Public finance programming, a finance bill or a social security financing bill;
49. Considering that the first two paragraphs of Article 23, paragraph I, provide that the High Council for Public Finance shall render an opinion on the draft regulation identifying, where appropriate, the " Significant variances " The comparison of the results of the implementation of the previous year with the multiannual guidelines for structural balance set out in the law for the programming of public finances; Article 23, paragraph II, defines the Characteristics of the important difference that the High Council must identify; that this opinion is made public by the High Council and attached to the proposed regulation;
50. Considering that Article 23, paragraph IV A, provides that the Government may request the High Council to ascertain whether the conditions referred to in Article 3 of the aforementioned Treaty for the definition of exceptional circumstances are met Or have stopped being so;
51. Considering that under the first sentence of the second paragraph of Article 39 of the Constitution: The draft laws shall be released in the Council of Ministers after the advice of the Council of State and deposited on the office of one of the two assemblies " ; that, if the Council of Ministers deliberates on draft laws and if it is possible for them to modify its content, it is, as the grantor wanted, the condition that they be informed by the opinion of the Council of State; that, as a result, all the Questions posed by the text adopted by the Council of Ministers must have been submitted to the Council of State in its consultation;
52. Considering, first, that the sincerity of the law on the programming of public finances must be assessed in particular by taking into account the opinion of the High Council on Public Finance; that the same will be true of the assessment of the sincerity of the Financial laws and social security financing laws; that, as a consequence, Article 39 of the Constitution requires that this opinion on the draft law on the programming of public finances, the draft financial law of the year and the draft Social Security Financing Act of the year before the Council of State Give its opinion; that by providing that the opinion will be attached to the draft law at the time of the referral to the Council of State, the provisions of Articles 13 and 14 have not disregarded these requirements;
53. Considering, in the second place, that by allowing the opinion of the High Council to be rendered only before the adoption at first reading by the National Assembly of the draft bill of amendment or of the draft amending financing bill Social security, the organic legislator has disregarded these requirements; that, as a result, the last sentence of Article 15 must be declared contrary to the Constitution;
54. Considering, in the third place, that, if, as a result of the circumstances, the opinion of the High Council for Public Finance was to be rendered subsequently to the opinion of the Council of State, the Constitutional Council would appreciate, where appropriate, respect for the Provisions of Articles 13, 14 and 15 in relation to the requirements of the continuity of the life of the Nation;
55. Whereas it follows that, subject to the reservation set out in recital 54, Articles 13 and 14, as well as the surplus of Article 15, are not contrary to the Constitution;
56. Considering that article 17 sets out the conditions under which the High Council for Public Finance is seized by the Government and provides an opinion on the macroeconomic forecasts on which the draft stability programme is based, Title to the coordination of economic policies of the Member States of the European Union; that these provisions, which are not related to the laws of the programming of public finances, financial laws or security financing laws Are not organic; they are not contrary to the Constitution;
57. Considering that, for the remainder, the provisions relating to the consultation of the High Council for Public Finance are in conformity with the Constitution;
As regards the functioning of the High Council on Public Finance:
58. Considering that the provisions of Article 18 empower the High Council to conduct the hearing of representatives of all administrations in the field of public finance, statistics and economic forecasting, to appeal To certain bodies or persons outside the administration and to make any request for information to the Government in the course of preparing its opinions; Article 19 provides that the High Council and Parliament shall be informed by the Government, at each review of a financial bill of the year, of Financial commitments of the newly authorised significant state which do not have an immediate implication on the structural balance; that these provisions comply with the Constitution;
59. Considering that Article 20 provides that the President of the High Council is heard at any time at the request of the committees of the National Assembly and the Senate; that these provisions, relating to the functioning of the Assemblies, shall not have a character That they are not contrary to the Constitution;
60. Considering that article 21 sets out the modalities under which the High Council meets and deliberates; that it submits the members of the High Council to the secret of its deliberations; that those provisions are in conformity with the Constitution; that, however, The provisions of the last paragraph of Article 21 according to which the High Council establishes and makes public its rules of procedure are not organic;
61. Considering that Article 22 provides: " The President of the High Council for Public Finance shall manage the appropriations necessary for the performance of his tasks. These appropriations are grouped within a specific programme of the mission "Council and State Control" ; that these provisions, which derogate from the second subparagraph of 7, paragraph 1, of the Organic Law of 1 August 2001 Above, are not contrary to the Constitution;
On other provisions of the Organic Law:
With regard to Chapter II:
62. Considering that Chapter II consists of Article 10 only, relating to debates that may be held in the National Assembly and the Senate on documents produced by the Government and by the European institutions, as well as on the decisions of the Council of the European Union addressed to France in the framework of the excessive deficit procedures; that these provisions, relating to the operation of assemblies, are not organic; that they are not contrary to the Constitution;
Section 28:
63. Considering, finally, that Article 28 establishes the entry into force of the provisions of the Organic Law; that it provides for a transitional period during which " For the application of Articles 7, 9, 14 and 23, the multiannual guidelines for public finances shall be those laid down in the applicable public finance programming law " On the date of entry into force of the Organic Law; For this application ", the multiannual guidance referred to shall not affect the freedom of assessment and adaptation that the Government derives from Article 20 of the Constitution in the Determination and conduct of the Nation's policy; that they do not have the effect of undermining the prerogatives of Parliament in the review and voting of finance bills and the financing bills of the Social security or any other proposed or proposed legislation;
64. Considering that, in these circumstances, Article 28 is not contrary to the Constitution,
Decides:

Article 1


Are declared contrary to The following provisions of the Organic Law on the Programming and Governance of Public Finances:
-1 ° of Article 11: These members are appointed after their public hearings by the Finance Committees and the Social Affairs Committees of the National Assembly and the Senate. ;
-at 3 ° of Article 11, the words: This member shall be appointed after public hearing by the Finance Committees and the Social Affairs Committees of the National Assembly and the Senate " ;
-the last sentence of Article 15.

Article 2


Subject to the reservations contained in recitals 25 and 54, the last paragraph of Article 7, the The last sentence of Article 8 and Articles 13, 14 and the surplus of Article 15 of the same Organic Law shall be in conformity with the Constitution.

Article 3


Other provisions of the same Organic Law comply with Constitution.

Article 4


Do not have an organic character:
-Article 10;
-words: " These members shall be appointed after joint public hearing of the Committee on Finance and the Social Affairs Committee of the Assembly concerned " Item 11;
-the seventh paragraph of section 11;
-sections 17 and 20;
-the last paragraph of section 21.

Article 5


This decision shall be published in the Official Journal of the French Republic.
Issued by the Constitutional Council at its meeting on 13 December 2012, attended by: Mr Jean-Louis DEBRÉ, President, Mr Jacques BARROT, Mrs Claire BAZY MALAURIE, MM. Michel CHARASSE, Renaud DENOIX de SAINT MARC, Valéry GISCARD d' ESTAING, Mme Jacqueline de GUILLENCHMIDT, MM. Hubert HAENEL and Pierre STEINMETZ.


The President,

Jean-Louis Debré


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