Decree No. 2014-90 January 31, 2014, On The Implementation Of Article 2 Of The Transparency Of Public Life Act No. 2013-907 Of October 11, 2013

Original Language Title: Décret n° 2014-90 du 31 janvier 2014 portant application de l'article 2 de la loi n° 2013-907 du 11 octobre 2013 relative à la transparence de la vie publique

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Keywords Prime Minister, transparency, public life, ADMINISTRATIVE authority separate, AAI, public authority independent, COLLEGE, Member, function ELECTIVE, MISSION of PUBLIC SERVICE DELEGATION of SIGNATURE, user of ADMINISTRATIONS, conflict of interest, case by case, function ELECTIVE local, Executive room, superior hierarchical authority competent JORF n ° 0028 February 2, 2014 page 1959 text no. 2 order No. 2014-90 January 31, 2014 on the implementation of article 2 of Act No. 2013-907 11 October 2013 on the transparency of the life public NOR: PRMX1327594D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/1/31/PRMX1327594D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/1/31/2014-90/jo/texte concerned public: members of the colleges of the independent administrative authorities and independent public authorities; holders of local elective office; persons charged with a mission of public service delegation of signature or placed under the authority of a superior; citizens and Government users.
Subject: definition of the conditions in which persons covered by the provisions of 1 ° to 4 ° of article 2 of the transparency of public life Act No. 2013-907 of October 11, 2013 regulate the situation of conflicts of interest which they believe to be refraining from participating in the handling of the case in question.
Entry into force: this order comes into force the day after its publication in the Official Journal.
Notice: the Decree specifies that the persons referred to in 1 ° to 4 ° of article 2 of Act No. 2013-907 11 October 2013 on the transparency of public life shall inform in writing, where appropriate, the president of the college to which they belong, the person from whom they hold delegation of signature or their superior hierarchical situation of conflict of interest in which they find themselves.
Members of the quorums of the independent administrative authorities or independent public authorities, the Decree provides that the person concerned cannot take part in any meeting or no opinion in relation to the proceedings in question.
For local elective office holders, the Decree distinguishes depending on whether the person concerned is at the head of the local executive or that he has received delegation of powers: in the first case, the person in question makes an order whereby it States in which it intends to refrain from making use of its powers and procedures means the person who compensates it for the treatment of the case. in the second case, an order of the delegating authority determines the matters for which the person concerned must refrain from exercising its powers.
Others charged with a public service mission, the Decree provides that they refrain to give instructions to the people to which they have given delegation to sign all acts, in relation to the case of placing them in a situation of conflict of interest, for which they themselves have received delegation. Persons placed under the authority of a superior are divested of the case if this last considers it necessary to entrust the processing to another person under their authority; in this case, the person been divested folder cannot take part in any meeting or no opinion in connection with the case.
References: this order is taken for the purposes of article 2 of Act No. 2013-907 of October 11, 2013 on the transparency of public life. It can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of the Interior and the Minister for reform of the State, decentralization, and the public service, having regard to the general code of territorial communities;
Considering law No. 2013-907 October 11, 2013 on the transparency of public life, including article 2;
Having regard to the opinion of the advisory commission of evaluation standards dated December 19, 2013;
The Council of State (Interior Division) heard, enacts as follows: Chapter I: provisions relating to members of the independent administrative authorities and independent public authorities section 1 colleges more on this article...

Where a college member other than the Chairman considers that its participation in a deliberation would place him in a situation of conflict of interest, it shall inform in writing the president as soon as he is aware of this situation or, at the latest, at the beginning of the meeting at which the matter in question is deliberate.
The Chairman informed the other members of the college without delay of the conflicts of interest he knowledge under the first subparagraph or those which relate to it.


Article 2 more on this article...

The Member of the college who decides to refrain may not take part in any meeting or no opinion in relation to the proceedings in question.


Article 3 read more on this article...

For the determination of the quorum rules in the deliberations of the college, if it is not possible to use an alternate, he need not account of the Member who abstains to sit on the ground that it considers itself in a situation of conflict of interest.


Article 4 more on this article...

When a member of the college of an independent administrative authority or an independent public authority fails to sit on the ground that it considers itself in a situation of conflict of interest, it is actually mention in the minutes of the meeting.

Chapter II: Provisions relating to holders of elective local Article 5 in more on this article...

This article is applicable to holders of an office of president of regional Council, president of the Executive Council of Corsica, President of the Assembly of Guyana, President of the Executive Council of Martinique, president of general Council, elected to an Executive of a community overseas, president of mayor or president of a public establishment for intercommunal cooperation in own taxation.
When they consider to be in conflict of interest, they act under their own or by delegation of legislative powers, the persons mentioned in the preceding paragraph take an order stating the substance of the issues for which they do not have to exercise their powers and designating, under the conditions provided by law, the person responsible for provide them.
Notwithstanding the delegation rules laid down in articles L. 2122-18, l. 3221-3, l. 4231-3, L. 4422-25 and l. 5211-9 of the general code of local authorities, they cannot contact any instruction to their delegate.


Article 6 read more on this article...

This article is applicable to regional advisers, the Executive Councillors of Corsica, the Executive Councillors of Martinique, advisers to the Assembly of Guyana, General Councillors, municipal councillors and Vice-Chairmen and members of the bureau of a public inter-municipal cooperation establishment to taxation own when they hold, under the conditions fixed by law, a delegation of signature, respectively , of the president of the regional Council, the president of the Executive Council of Corsica, the President of the Executive Council of Martinique, the President of the Assembly of Guyana, president of the general Council, the mayor or president of a public establishment for intercommunal cooperation in own taxation.
When they consider to be in conflict of interest, the persons mentioned in the preceding paragraph shall inform the delegating authority in writing, specifying the content of the questions for which they do not have to exercise their powers.
An order of the delegating authority determines accordingly the questions for which the person concerned must refrain from exercising its powers.

Chapter III: Provisions relating to other responsible persons of a public service mission Article 7 in more on this article...

Those responsible for a public service mission, with the exception of those referred to in chapters I and II of this Decree, when they consider to be in conflict of interest: 1 ° if they are holders of a delegation of signature, shall inform the delegating authority in writing, specifying the content of the issues for which they do not have to apply their skills immediately. They shall refrain from giving instructions to persons under their authority in respect of these matters;
2 ° if they are placed under the authority of a superior, immediately inform it in writing, specifying the content of the questions for which they do not have to exercise their powers. When the latter opinion that entrust the handling of the case to another person under his jurisdiction, the person been divested folder cannot take part in any meeting or no opinion in relation to the issues involved.

Chapter IV: Final provisions Article 8 read more on this article...

This order is applicable throughout the territory of the Republic.


Article 9 read more on this article...


The Minister of Foreign Affairs, the Minister of national education, the keeper of the seals, Minister of justice, the Minister of economy and finance, Minister of Social Affairs and health, Minister of equality of the territories and the housing, the Minister of the Interior, Minister of international trade, the Minister of productive recovery, the Minister of ecology , sustainable development and energy, the Minister of labour, employment, vocational training and social dialogue, the Minister of defence, the Minister of culture and communication, the Minister of higher education and research, Minister of the rights of women, spokesman of the Government, the Minister of agriculture, agri-food and forest , Minister of the State, decentralization and public service reform, the Minister of overseas, Minister of handicrafts, of trade and tourism, the Minister of sports, youth, popular education and community life, the Minister delegate to the Minister of economy and finance, in charge of the budget, the Minister delegate to the Minister of national education responsible for educational achievement, the Minister delegate to the Prime Minister, responsible for relations with the Parliament, the Minister delegate to the Minister of equality of the territories and the housing, in charge of the city, the Minister delegate to the Minister of Foreign Affairs, in charge of Affairs European, the Minister delegate to the Minister of Social Affairs and health responsible for seniors and autonomy, the Minister delegate to the Minister of economy and finance, in charge of the social and solidarity economy and consumption, Minister delegate to the Minister of Social Affairs and health, the family, the Minister delegate to the Minister of Social Affairs and health, disabled persons and the fight against exclusion the Minister delegate to the Minister of Foreign Affairs, responsible for development, the Minister of Foreign Affairs, Minister responsible for the francophonie, the Minister delegate to the Minister of ecology, sustainable development and energy, charge transport, sea and fishing, the Minister delegate to the Minister of productive, responsible for small and medium-sized businesses recovery of innovation and of the digital economy, Minister delegate to the Minister of defence, responsible for veterans, the Minister delegate to the Minister of the State, decentralization and public service reform, decentralization, the Minister delegate to the Minister of agriculture, agri-food and forest, in charge of agriculture, and the Minister delegate to the Minister of Foreign Affairs responsible for the French from abroad, are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Is January 31, 2014.
Jean-Marc Ayrault by Prime Minister: Foreign Minister Laurent Fabius the Minister of national education, Vincent Peillon custody of the seals, Minister of justice, Christiane Taubira the Minister of economy and finance, Pierre Moscovici the Minister of Social Affairs and health, Marisol Touraine equal territories and Housing Minister, Cécile Duflot the Minister of the Interior , Manuel Valls International Trade Minister Nicole Bricq the Minister of the productive recovery, Arnaud Montebourg the Minister of ecology, sustainable development and energy, Philippe Martin the Minister of labour, employment, vocational training and social dialogue, Michel Sapin Minister of defence, Jean-Yves Le Drian the Minister of culture and communication , Aurélie Filippetti Minister of higher education and research, Geneviève Fioraso Minister to the rights of women, spokesman for the Government, Najat Vallaud-Belkacem the Minister of agriculture, agri-food and forest, Stéphane Le Foll Minister of reform of the State, decentralization and public service, Marylise Lebranchu Minister of overseas, Victorin Lurel Minister of handicrafts , of trade and tourism, Sylvia Pinel the Minister of sports, youth, popular education and associative life, Valérie Fourneyron the Minister delegate to the Minister of economy and finance, in charge of the budget, Bernard Cazeneuve the Minister-delegate to the Minister of education, responsible for educational success, George Pau-Langevin the Minister delegate to the Prime Minister responsible for relations with Parliament, Alain Vidalies the Minister delegate to the Minister of equality of the territories and the housing, in charge of the city, François Lamy the Minister delegate to the Minister of Foreign Affairs, in charge of Affairs European, Thierry Repentin Minister delegate to the Minister of Social Affairs and health, the elderly and autonomy Michèle Delaunay the Minister delegate to the Minister of economy and finance, in charge of social and solidarity economy and consumption, Benoît Hamon the Minister delegate to the Minister of Social Affairs and health, in charge of the family, Dominique Bertinotti Minister delegate to the Minister of Social Affairs and health, in charge of disabled persons and the fight against exclusion , Marie-Arlette Carlotti the Minister delegate to the Minister of Foreign Affairs, responsible for the development, Pascal Canfin Minister delegate to the Minister of Foreign Affairs, responsible for the francophonie, Yamina Benguigui the Minister delegate to the Minister of ecology, sustainable development and energy, responsible for transport, the sea and fishing, Frédéric Cuvillier the Minister delegate to the Minister of the productive recovery responsible for small and medium-sized enterprises, innovation, and the digital economy, Fleur Pellerin the Minister delegate to the Minister of defence, responsible for former combatants, Kader Arif the Minister delegate to the Minister of the State, decentralization and public service reform, responsible for decentralization, Anne-Marie Escoffier the Minister delegate to the Minister of agriculture agri-food and forest, responsible for agriculture, Guillaume Garot the Minister delegate to the Minister of Foreign Affairs, in charge of French from abroad, Hélène Conway-Mouret

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