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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

FIRST MINISTER , TRANSPARENCE , PUBLIC VIEW , INDEPENDENT ADMINISTRATIVE AUTHORITY , AAI , INDEPENDENT PUBLIC AUTHORITY , COLLEGE , MEMBRE , ELECTIVE FUNCTION , PUBLIC MISSION , SIGNATURE DELEGATION


JORF n°0028 du 2 février 2014 page 1959
text No. 2



Decree No. 2014-90 of 31 January 2014 implementing Article 2 of Act No. 2013-907 of 11 October 2013 on transparency of public life

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


Public concerned: members of the independent administrative authorities and independent public authorities; local elective offices; persons responsible for a public service mission having received delegation of signature or placed under the authority of a hierarchical superior; citizens and users of administrations.
Subject: definition of conditions in which persons covered by the provisions of 1° to 4° of Article 2 of Act No. 2013-907 of 11 October 2013 regarding the transparency of public life regulate the situation of conflicts of interest in which they consider themselves to be absent from participating in the processing of the case in question.
Entry into force: this decree comes into force on the day after its publication in the Official Gazette.
Notice: the decree specifies that persons subject to 1° to 4° of Article 2 of Act No. 2013-907 of 11 October 2013 In the case of transparency of public life, the chair of the college to which they belong, the person to whom they hold a signature delegation or their supervisor of the conflict of interest situation in which they consider themselves.
With regard to members of the independent administrative authorities' colleges or independent public authorities, the decree provides that the person concerned may not participate in any meeting or make any opinions related to the deliberation in question.
With regard to local elective functions, the decree distinguishes that the person concerned is at the head of the local executive or has received delegation of attributions: in the first case, the person in question shall take an order by which the person in question specifies the procedures in which the person intends to refrain from exercising his or her powers and designates the person in charge of the treatment of the case; in the second case, a person in question
With regard to the other persons in charge of a public service mission, the decree provides that they refrain from giving instructions to the persons to whom they have given delegation to sign all acts, in relation to the case placing them in conflict of interest, for whom they themselves have received delegation. Persons under the authority of a supervisor shall be dismissed from the case if the latter considers it necessary to entrust the matter to another person under their authority; in such a case, the divestiture of the case may not take part in any meeting or issue any opinions related to the case.
References: this decree is taken for the application of theArticle 2 of Act No. 2013-907 of 11 October 2013 on transparency of public life. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Interior and the Minister of State Reform, Decentralization and Public Service,
Vu le general code of territorial authorities ;
Vu la Act No. 2013-907 of 11 October 2013 the transparency of public life, including article 2;
Considering the opinion of the Standards Advisory Board dated 19 December 2013;
The State Council (inland section) heard,
Decrete:

  • Chapter I: Provisions relating to members of independent administrative authorities and independent public authorities Article 1 Learn more about this article...


    When a member of the college other than the president considers that his participation in a deliberation would place him in a conflict of interest situation, he shall notify the chair in writing as soon as he is aware of this situation or, at the latest, at the beginning of the meeting in which the matter in question is deliberate.
    The Chair shall inform the other members of the College without delay of any conflicts of interest that he or she is aware of under the first paragraph or those relating to it.

    Article 2 Learn more about this article...


    A member of the college who decides to abstain may not participate in any meeting or issue any opinions related to the deliberation in question.

    Article 3 Learn more about this article...


    For the determination of quorum rules applicable to the deliberations of the College, if it is not possible to resort to an alternate, the member who abstains from sitting on the ground that he considers himself in conflict of interest.

    Article 4 Learn more about this article...


    When a member of the College of an independent administrative authority or an independent public authority refrains from sitting on the grounds that he considers himself in a conflict of interest situation, reference is made to the minutes of the meeting.

  • Chapter II: Provisions relating to local elective functions Article 5 Learn more about this article...


    This section is applicable to holders of a position as Regional Council Chair, Chairman of the Executive Board of Corsica, President of the Assembly of Guyana, President of the Executive Board of Martinique, President of General Council, President-elect of an executive of an overseas community, mayor or president of a public institution of inter-communal cooperation with specific taxation.
    When they feel that they are in conflict of interest, whether they act by virtue of their own powers or by delegation of the deliberative body, the persons mentioned in the previous paragraph take an order stating the content of the matters for which they consider that they do not have to exercise their powers and designate, under the conditions provided by law, the person responsible for supersing them.
    Derogation from the rules of delegation provided for in the articles L. 2122-18, L. 3221-3, L. 4231-3, L. 4422-25 and L. 5211-9 the general code of the territorial authorities, they cannot send any instruction to their delegate.

    Article 6 Learn more about this article...


    This section is applicable to regional advisers, executive advisers of Corsica, executive advisers of Martinique, advisers to the meeting of Guyane, general advisers, municipal councillors and vice-presidents and members of the office of a public institution of inter-communal cooperation with taxation of the President of the executive council of Martin
    When they feel that they are in conflict of interest, the persons referred to in the previous paragraph inform the delegant in writing, specifying the content of the matters for which they consider they should not exercise their skills.
    A delegant's order therefore determines the issues for which the interested person must refrain from exercising his or her skills.

  • Chapter III: Provisions for Other Persons Responsible for a Public Service Mission Article 7 Learn more about this article...


    Persons charged with a public service mission, with the exception of those referred to in chapters I and II of this decree, when they consider themselves in a conflict of interest situation:
    1° If they hold a signature delegation, promptly inform the applicant in writing, specifying the content of the questions for which they consider they should not exercise their skills. They refrain from giving instructions to persons under their authority on these matters;
    2° If they are placed under the authority of a hierarchical superior, promptly inform the supervisor in writing, specifying the content of the questions for which they consider they should not exercise their skills. Where the latter considers that the treatment of the case should be entrusted to another person under his or her authority, the person who divested the case may not participate in any meeting or issue any notice in relation to the matters in question.


Done on January 31, 2014.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Foreign Affairs,

Laurent Fabius

Minister of National Education,

Vincent Peillon

The guard of the seals,

Minister of Justice,

Christiane Taubira

Minister of Economy and Finance,

Pierre Moscovici

Minister of Social Affairs

and Health,

Marisol Touraine

Minister of Equality of Territories

and housing,

Cécile Duflot

The Minister of the Interior,

Manuel Valls

The Minister of Foreign Trade,

Nicole Bricq

Minister of 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

Minister of Culture

and communication,

Aurélie Filippetti

Minister of Higher Education

and research,

Geneviève Fioraso

The Minister of Women's Rights,

Government spokesperson,

Najat Vallaud-Belkacem

Minister of Agriculture,

agri-food and forest,

Stéphane Le Foll

The Minister of State Reform,

decentralization

and the Public Service,

Marylise Lebranchu

Minister of Overseas,

Victorin Lurel

The Minister of Crafts,

Trade and tourism,

Sylvia Pinel

Minister of Sports, Youth,

of popular education

and associative life,

Valérie Fourneyron

Minister Delegate

to the Minister of Economy and Finance,

Budget Officer

Bernard Cazeneuve

Minister Delegate

to the Minister of National Education,

responsible for educational success,

George Pau-Langevin

Minister Delegate

to the Prime Minister,

Relations with Parliament,

Alain Vidalies

Minister Delegate

to the Minister for the Equality of the Territories

and housing, in charge of the city,

François Lamy

Minister Delegate

to the Minister for Foreign Affairs,

European Affairs Officer

Thierry Repentin

Minister Delegate

Minister of Social Affairs

and Health,

of the elderly

and autonomy,

Michèle Delaunay

Minister Delegate

to the Minister of Economy and Finance,

responsible for the social and solidarity economy

and consumption,

Benoît Hamon

Minister Delegate

Minister of Social Affairs

and Health,

Family,

Dominique Bertinotti

Minister Delegate

Minister of Social Affairs

and Health,

Persons with Disabilities

and the fight against exclusion,

Marie-Arlette Carlotti

Minister Delegate

to the Minister for Foreign Affairs,

Development Officer

Pascal Canfin

Minister Delegate

to the Minister for Foreign Affairs,

in charge of the Francophonie,

Yamina Benguigui

Minister Delegate

to the Minister of Ecology,

sustainable development and energy,

Transport Officer

of the sea and fishing,

Frédéric Cuvillier

Minister Delegate

to the Minister of Productive Recovery

small and medium-sized enterprises,

innovation and the digital economy,

Flower Pellerin

Minister Delegate

to the Minister of Defence,

combatants,

Kader Arif

Minister Delegate

to the Minister of State Reform,

decentralization

and the Public Service,

decentralization,

Anne-Marie Escoffier

Minister Delegate

to the Minister of Agriculture,

agri-food and forest,

in charge of agri-food,

Guillaume Garot

Minister Delegate

to the Minister for Foreign Affairs,

in charge of the French abroad,

Hélène Conway-Mouret


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