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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	78
43	Are there regulations addressing conflicts of interest for civil servants?	88
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Law 83-634 of July 13, 1983, [ LINK ]

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Law 83-634 of July 13, 1983, [ LINK ]

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Conseil supérieur de la fonction publique de l'Etat, decree 82-450 of May 28, 1982, [ LINK ]

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: This sanction is optional.

References: Penal Code, article 432-17, //www.legifrance.gouv.fr/

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Direction générale de l'administration et de la fonction publique, Les droits et les obligations, Octobre 2005, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Civil servants are appointed and evaluated according to professional criteria. However, from a certain level or for certain positions career progression may also be dependent on party loyalties. In some areas such as health or education, the new evaluation criteria have been criticized as not being well-suited to public service tasks.

References: L'évaluation et la notation des fonctionnaires de lEtat, la Documentation Française, 2007, [ LINK ]; Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

Maya Bacache-Beauvallet, Les limites de l'usage des primes à la performance dans la fonction publique, in La voix des cadres des douanes no 126, 2007, www.sncd.info/vdc126.html

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: L'évaluation et la notation des fonctionnaires de lEtat, la Documentation Française, 2007, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Université de Versailles Saint-Quentin-en-Yvelines, Contributions des laboratoires de l'UVSQ pour les assises de la Recherche - Thème 3 : Le statut des personnels, June 2004, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Direction générale de l'administration et de la fonction publique, Rémunérations, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

Maya Bacache-Beauvallet, Les limites de l'usage des primes à la performance dans la fonction publique, in La voix des cadres des douanes no 126, 2007, www.sncd.info/vdc126.html

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: La Documentation française, Rapport annuel sur létat de la fonction publique 2006-2007 : volume 1 - Faits et chiffres, [ LINK ]

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: The redress mechanism sometimes has a bigger workload than it can deal with. It is sometimes influenced by the bodies that manage civil servants or by political considerations.

References: Commission de déontologie de la fonction publique de l'Etat, Accès des agents publics au secteur privé, 2006, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Public servants employed on a long-term basis rarely suffer late payments. However, contractual (short-term) personnel working in the public service sometimes suffer late payments, as was recently the case for assistants working in the education sector.

References: Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde;

Syndicat National Unitaire des Instituteurs, Professeurs des écoles et PEGC, EVS : premiers recrutements et premiers problèmes, [ LINK ];

Carrières, personnels, [ LINK ]

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Le Figaro, Un haut responsable soupçonné de corruption, April 13, 2006, [ LINK ]

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

References: Penal Code, art 432-12, [ LINK ]

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

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

Comments: An ethics commission exists to assess the compatibility between the activity carried out by the public servant over the last three years and the private activity s/he wishes to enter. Prohibitions are listed in a decree.

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 ]

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

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

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Commission de déontologie de la fonction publique de l'Etat, Accès des agents publics au secteur privé, 2006, [ LINK ];

Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Direction générale de l'administration et de la fonctin publique, Les droits et obligations, Octobre 2005, [ LINK ]; Interview with Max Bazignan, civil servant, education sector, Aug. 30, 2007, Gironde

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: The rule is generally applied, but sometimes with some leniency.

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: Only a very limited number of senior civil servants has to produce a declaration of assets. These declarations are confidential.

References: Law 88-227 of 11 March 1988, articles 2, 3 and 4, [ LINK ]

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Only a very limited number of senior civil servants has to produce a declaration of assets (Law 88-227 of March 11, 1988, articles 2, 3 and 4). These declarations are confidential, thus not intended for public distribution. There is no informal practice of asset disclosure by senior civil servants.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: