Key Benefits:
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:
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.
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.
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.
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.
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.
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.
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.
This decree is applicable throughout the territory of the Republic.
Minister of Foreign Affairs, Minister of Foreign Affairs
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