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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	75
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	63
27	Can citizens access the asset disclosure records of the heads of state and government?	33
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	50

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Penal Code, article 432-4;

Code of Penal Procedure, article 136 [ LINK ];

Article 68-2 of the Constitution [ LINK ]

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments:

References: Les dernières interventions du Président de la République, [ LINK ]

Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

Peer Review Comments: We have noticed an evolution regarding the communication policy of the French presidency from Jacques Chirac to Nicolas Sarkozy. President Sarkozy usually explains to the media his policy decisions.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments:

References: Jurisprudence establishing this principle: Conseil d'État Ass. 17 February 1950, Dame Lamotte; 8 December 2000, Hoffer; Constitutional Council, 18 September 1986, Liberté de Communication; Penal Code, article 432-4; Code of Penal Procedure, article 136;

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

References: René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien, p.463;

Jean-François Lachaume, Droit Adminstratif, 13e edition, 2002, Presses Universitaires de France

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: More than the president of the Republic, it is the head of the government and the government who have the power to use executive orders, and have made an increasing and worrying use of the power in recent years.

References: French Senate, Service des études juridiques, Les ordonnances: bilan au 31 décembre 2006, Feb. 2, 2007, [ LINK ];

Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Article 67 of the 1958 Constitution, [ LINK ], [ LINK ] (for the English translation)

Peer Review Comments: Article 67 of the Constitution, but there are two articles that provide exceptions: Articles 53-2 and 68 of the Constitution.

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments:

References: Article 68-1 of the 1958 Constitution [ LINK ];

Penal Code

Peer Review Comments: Ministers can be prosecuted for crimes they commit under Article 68-1 of the 1958 Constitution. Judgments are made by the Court of Justice of the Republic.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Organic Law 88-226 of March 11, 1988 [ LINK ];

Law 88-227 of March 11, 1988 [ LINK ];

Law 62-1962 of Nov. 6, 1962 (article 3) [ LINK ];

Decree 96-762 of Sept. 1, 1996 [ LINK ]

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Law 88-227 of March 11, 1988 [ LINK ]

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: Penal Code, article 432-11

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The declaration is sworn (faite sur l'honneur).

References: Law 88-227 of March 11, 1988 [ LINK ];

Law 62-1962 of Nov. 6, 1962 (article 3) [ LINK ];

Article LO 135-1 of the Electoral Code

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: Penal Code, art 432-12 and 432-13, [ LINK ]; Article 87 of the Law 93-122 of Jan. 29, 1993, [ LINK ]; Decree 2007-611 of April 26, 2007, [ LINK ]

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: An ethics commission functionally linked to the Prime Minister was recently set up in order to assess the compatibility between the previous activity of a public servant and the private activity s/he wishes to carry out in the future. Members of ministerial cabinets are included in the list of people whose case must be examined by the commission when they wish to enter the private sector.

References: Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: The private sphere and politicians have traditionally been closed in the past. Recently, significant occurences of hospitality offered to top politicians by business magnates have reignited the debate.

References: Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999;

Le Nouvel Observateur, Polémique sur les vacances de luxe de Sarkozy, May 9, 2007, [ LINK ]

Sarkozy connaît-il l'article 432-11 du Code Pénal? [ LINK ]

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: There is no such requirement.

References: Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: The declaration of the president of the Republic is made public after his election and can be accessed on the internet. The confidentiality of the declaration of assets of other officials is guaranteed by the Law 88-227 ([ LINK ]). Unauthorized disclosure is punished by article 226-1 of the Penal Code ([ LINK ]).

References: Law 88-227 of March 11, 1988 [ LINK ];

Law 62-1962 of Nov. 6, 1962 (article 3) [ LINK ]

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The declaration of the president of the Republic is made public after his election and can be accessed on the Internet. The confidentiality of the declaration of assets of other officials is guaranteed by the Law 88-227 ([ LINK ]).

Unauthorized disclosure is punished by article 226-1 of the Penal Code ([ LINK ]).

References: Déclaration de situation patrimoniale de M. Nicolas Sarkozy proclamé Président de la République on March 17, 2007, published on May 11, 2007, [ LINK ]

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

References: Déclaration de situation patrimoniale de M. Nicolas Sarkozy proclamé Président de la République on March 17, 2007, published on May 11, 2007, [ LINK ]

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: The distinction between official government functions and functions in a political party is sometimes blurred. This seemed to be particularly the case during the last presidential campaign.

References: Thomas Legrand, Deux casquettes, une de trop?, RTL, Jan. 29, 2007, [ LINK ];

Réso, En finir avec le mélange des genres, Jan. 31, 2007, [ LINK ]