Global Integrity Report

The Global Integrity Report (report.globalintegrity.org)

France Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	39
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: The Constitutional Council can review the constitutionality of laws before they are promulgated.

References: 1958 Constitution, articles 61 62 and 63 [ LINK ], [ LINK ] (for the English translation).

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: It is not the judiciary stricto sensu, but the constitutional jurisdiction which can review laws. In principle, this can happen only before they have been promulgated.

References: Conseil Constitutionnel, Bilan de l'Année 2007, [ LINK ];

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

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: The Secretariat (Bureau) of the Chamber must consent to the parliamentarian being subject to the proceedings (such consent is not required in the case of a serious crime or other major offence committed flagrante delicto or a final sentence). The Bureau of the National Assembly is made of 22 members: the President of the Assembly, its six vice-presidents, three "questors" and twelve secretaries, appointed so that they reflect the political compositon of the Assembly.

References: 1958 Constitution, article 26 [ LINK ], [ LINK ] (for the English translation)

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Article LO 135-1 of the Electoral Code

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: There are no restrictions once the parliamentary mandate has expired.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments:

References: Penal Code, art. 432-11, [ LINK ]

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

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

References: Article LO 135-1 of the Electoral Code.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: There are no restrictions.

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

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments:

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

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: The declarartions of assets are sworn.

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

Peer Review Comments: The declarations of assets are sworn.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: The confidentiality of the declaration of assets 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 ];

Article 226-1 of the Penal Code [ LINK ]

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

References:

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

References:

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: The Chambers can opt to hold sessions in confidentiality. In practice the last time this happened was in 1940.

References: Article 33 of the 1958 Constitution [ LINK ];

Internal Guidelines of the National Assembly [ LINK ]

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Records are available on the official internet web-sites and in the Official Gazette, which can be accessed for free in town halls.

References: Journal Officiel (Official Gazette), daily publication, [ LINK ]; Publications of the National Assembly, [ LINK ];

Yves Michel, Philippe Jabaud and Frédéric Taillet, La séance publique, October 2000, [ LINK ]

Assemblée Nationale, La séance plénière, Fiche 33, [ LINK ]

Publications of the Senate, [ LINK ]

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: Records are available on the official internet web-sites and in the Official Gazette, which can be viewed for free in town halls.

References: Journal Officiel (Official Gazette), daily publication, [ LINK ]; Publications of the National Assembly, [ LINK ];

Yves Michel, Philippe Jabaud and Frédéric Taillet, La séance publique, October 2000, [ LINK ]

Assemblée Nationale, La séance plénière, Fiche 33, [ LINK ]

Publications of the Senate, [ LINK ]