| France: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 80 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: References: Law 78-753 of July 17, 1978, [ LINK ]; Law 200-321 of April 12, 2000, [ LINK ]
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: A person who is denied access to an administrative document must refer to the Commission for the Access to Administrative Documents (CADA) created by article 20 of the law 78-753. The commission produces an opinion. If the refusal persists, the person can refer the case to the administrative tribunals. References: Law 78-753 of July 17, 1978, [ LINK ]
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: Procedures for accessing documents are listed in article 4 of the Law 78-753. The Commission for the Access to Administrative Documents (CADA) created by article 20 of this law ensures that freedom to access to administrative records is respected. References: Law 78-753 of July 17, 1978, [ LINK ]
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: The administrative services have one month to answer a request. After this period, it is considered that their silence amounts to a refusal and the person requesting the document can refer the case to the Commission for Access to Administrative Documents. In about one fourth of the cases, the service in cause, when contacted by the CADA, communicates the document to the applicant and the procedure is stopped. References: Commission d'Accès aux Documents Administratifs, Rapport d'Activité de l'Année 2005, Août 2006, [ LINK ]; Government of Canada Access to Information Review Task Force, Consultations of the Task Force with other Jurisdictions on their Access to Information Regimes, France, June 2002, [ LINK ]
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: The information mechanisms have virtually no cost (cost of a letter, of an email; visit to the relevant office is more costly but rarely necessary). The cost of photocopies is limited and the Commission for Access to Administrative Documents ensures there are no abuses. References: Commission d'Accès aux Documents Administratifs, Rapport d'Activité de l'Année 2005, Août 2006, [ LINK ]; Comment la CADA peut-elle vous aider, [ LINK ]; Government of Canada Access to Information Review Task Force, Consultations of the Task Force with other Jurisdictions on their Access to Information Regimes, France, June 2002, [ LINK ]
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: The Commission for Access to Administrative Documents is supposed to produce opinion on the situations referred to it within one month. In practice the time period is much longer. This in partly due to the fact that the CADA only holds two sessions a month and to the time taken by the administration to reply to the requests of the CADA during the instruction. For those cases in which the citizen then refer to the administrative tribunals, delays are much longer because of the overall slowness of the justice system. References: Commission d'Accès aux Documents Administratifs, Rapport d'Activité de l'Année 2005, Août 2006, [ LINK ]; Government of Canada Access to Information Review Task Force, Consultations of the Task Force with other Jurisdictions on their Access to Information Regimes, France, June 2002, [ LINK ]
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: Referring to the CADA is free. If the request is referred to a tribunal, there is a cost involved, which is passed onto the administration if the applicant wins. References: Commission d'Accès aux Documents Administratifs, Rapport d'Activité de l'Année 2005, Août 2006, [ LINK ]; La CADA et vous, [ LINK ]; Government of Canada Access to Information Review Task Force, Consultations of the Task Force with other Jurisdictions on their Access to Information Regimes, France, June 2002, [ LINK ]
Peer Review Comments: Appealing to the CADA is free. If the request is referred to a tribunal, there is a cost involved which is passed on to the administration if the applicant wins the appeal.
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The administration normally gives reasons for denying the document. In some instances, however, the administration does not provide a reason or does not answer at all. References: Commission d'Accès aux Documents Administratifs, Rapport d'Activité de l'Année 2005, Août 2006, [ LINK ]; Comment la CADA peut-elle vous aider, [ LINK ]
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