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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	73
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: The tribunals can be competent to judge the action of the administration and abuses of power. There is nonetheless a specific Ombudsman-like institution in France called Mediateur de la Republique. It was created by the Law of Jan. 3, 1973, later amended by the Laws of Dec. 24, 1976, Jan. 13, 1989, and April 12, 2000.

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: The law of Jan. 13, 1989 states that the Mediateur is an 'independent authority'. It cannot receive orders from other authorities.

References: Laws of Jan. 3, 1973 , Dec. 24, 1976, Jan. 13, 1989 and April 12, 2000. [ LINK ]

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: The mediateur is appointed by the president of the Republic.

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

Web-site of the Senate, [ LINK ]

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien Médiateur de la République, Le statut du Médiateur de la République, [ LINK ]

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: The delegates of the mediateur are volunteers, active or retired. In the 2006 hearings before the Senate, the mediateur higlighted that the Organic Law of Aug. 1, 2001, (abbreviated LOLF) made it more complex and expensive to resort to detached civil servants, thereby raising issues in terms of human resources management.

References: Web-site of the Mediateur [ LINK ]; Hearing of the Mediateur Jean-Paul Delevoye before the Commission of Laws of the Senate, April 12, 2006, [ LINK ]

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: The mediateur is not a jurisdictional institution but an administrative authority. Unlike some countries where the Ombudsman is appointed by Parliament, the French mediateur is appointed by Decree of the president of the Republic (décret du Président de la République en Conseil des Ministres). This direct nomination by the president means that partisanship considerations can easily influence the choice. Thus, the current Mediateur has been an important figure of the Gaullist party. The mediateur's delegates are chosen by the mediateur.

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

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

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Hearing of the Mediateur Jean-Paul Delevoye before the Commission of Laws of the Senate, April 12, 2006, [ LINK ]; Senat, Legislative report, Les autorités administratives indépendantes: des dotations en légère baisse, [ LINK ]

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The mediateur produces public annual reports. They are downloadable on the internet and can be requested by phone. The law also lists circumstances in which the mediateur writes a special report to be published in the Journal Officiel (for example, in case of non-execution of a judgement by the administration).

References: Web-site of the Mediateur [ LINK ];

Request directed to the mediateur's office

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments:

References: Hearing of the Mediateur Jean-Paul Delevoye before the Commission of Laws of the Senate, April 12, 2006, [ LINK ]; René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien

Mediateur de la Republique, Les moyens pour agir, [ LINK ]

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ombudsman's primary role is one of reconciliation, not one of penalizing. When reconciliation cannot be reached the case is usually forwarded to other institutions or agencies.

References: René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien

Mediateur de la Republique, Les moyens pour agir, [ LINK ]

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: The recommendations of the mediateur have triggered several legal reforms, for example regarding social benefits for children or the prevention of forced marriages.

References: Hearing of the Mediateur Jean-Paul Delevoye before the Commission of Laws of the Senate, April 12, 2006, [ LINK ]; Web-site of the Mediateur. For 2006 see [ LINK ] (French).

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: The mediateur reported during the 2006 hearings before the Senate that reactivity and promptness are priorities, with a reply time comprised between three days and three weeks.

References: Hearing of the Mediateur Jean-Paul Delevoye before the Commission of Laws of the Senate, April 12, 2006, [ LINK ]; Mediateur de la Republique, Quel est le délai de traitement d'un dossier présenté au Médiateur ou à l'un de ses Délégués?, [ LINK ]

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: The mediateur produces public annual reports. The law also lists circumstances in which the mediateur writes a special report to be published in the Journal Officiel (for example, in case of non-execution of a judgement by the administration).

References: Laws of Jan. 3, 1973, Dec. 24, 1976, Jan. 13, 1989 and April 12, 2000 [ LINK ]

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: Annual reports are published on the Internet ([ LINK ]). They can also be requested by telephone. In the present case, the report requested by phone on a Thursday arrived the following Tuesday.

References: Web-site of the mediateur [ LINK ];

Request directed to the mediateur's office

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Reports are freely downloadable on the website ([ LINK ]) and available in French and English. A paper copy can be obtained for free, simply at the cost of a phone call when making the request by phone, or after an email request.

References: Web-site of the mediateur [ LINK ];

Request directed to the mediateur's office