EUROPAM

European Public Accountability Mechanisms

France

Country score (European Average*)
  • 85(66) Political Financing
  • 80(50) Financial Disclosure
  • 72(40) Conflict of Interest
  • 41(56) Freedom of Information
  • 73(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)38680.14
Population, total66896109.00
Urban population (% of total)79.75
Internet users (per 100 people)85.62
Life expectancy at birth (years)82.67
Mean years of schooling (years)11.6
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Financial Transparency in Political Life (1988, amended in 2011,  2013, 2015 and 2016) and the Electoral Code amended in 2016 are the main laws regulating the financing of political parties in France. The amending provisions between 2011 and 2016 do not make significant changes to the law.

There are comprehensive limits on the private income of political parties. There are bans on donations from foreign entities, corporations, trade unions and anonymous donors. There are also limits for how much political parties and candidates can receive.

There is public funding available for parties based on the share of votes in the previous election which is allocated proportionally. There is also subsidized access to the media and tax relief in the form of exemption from stamp duty. Further, candidates having obtained at least 5% of the votes cast will be repaid the cost of paper, printing of ballots, posters, circulars and display fees.

There are bans on vote buying and there are limits on spending.

Parties are required to keep yearly accounts. Their reports must provide information in relation to election campaigns, must reveal the identity of donors and must be made public. Reports are overseen by the National Commission for Campaign Accounts and Political Funding. There are sanctions for parties breaching the provisions of the law in the form of fines, the loss of public funding, deregistration of the party and imprisonment.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income92929292
Public funding75757575
Regulations on spending75757575
Reporting, oversight and sanctions83100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. No funding association or any financial agent of a political party can receive, directly or indirectly, contributions or material support to a foreign State or a legal person under foreign law. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from foreign interests to candidates? Yes. No candidate may receive, directly or indirectly, for any expense whatsoever, contributions or material support to a foreign State or a legal person under foreign law. ( Article L52.8, Electoral Code (1964,amended 2016))

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Legal persons with the exception of political parties or groups can not contribute to the financing of political parties or groups or grant donations in any form whatsoever, to their funding associations or their financial agents nor provide the, goods, services or other direct or indirect benefits at prices below those usually practiced. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on corporate donations to candidates? Yes. Legal persons, with the exception of political parties or groups, can not participate in financing the election campaign of a candidate, or by extending donations in any form whatsoever, either in providing goods, services or other direct or indirect benefits at prices below those usually practiced. ( Article L52.8, Electoral Code (1964,amended 2016))
Is there a ban on donations from corporations with government contracts to political parties? Yes. All donations from corporations are banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. All donations from corporations are banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from corporations with government contracts to candidates? Yes. All donations from corporations to candidates are banned ( Article L52.8, Electoral Code (1964,amended 2016))
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. All donations from corporations to candidates are banned ( Article L52.8, Electoral Code (1964,amended 2016))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. All donations from legal entities banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on donations from Trade Unions to candidates? Yes. All donations from legal entities banned ( Article L52.8, Electoral Code (1964,amended 2016))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. No direct ban, but de facto ban through requirement to record or report identity of donor - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on anonymous donations to candidates? Yes. No direct ban, but de facto ban through requirement to record or report identity of donor - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Articles 11.4 and 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Ban on donations and privileged treatment from all legal entities (implicit ban) (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a ban on any other form of donation? No. Absent from legal framework.

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. EUR 7500 per year - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. The donations made by a physical person duly identified for the financing of the campaign of one or more candidates in the same election may not exceed 4,600 euros. ( Article 52.8, Electoral Code (1964,amended 2016))
Is there a limit on the amount a donor can contribute to a candidate? Yes. The donations made by a physical person duly identified for the financing of the campaign of one or more candidates in the same election may not exceed 4,600 euros. (Article 52.8, Electoral Code (1964,amended 2016))

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The distribution is made in proportion to the number of votes obtained in the first round of these elections by each of the parties and groups in question. The votes obtained by the candidates declared ineligible under article LO 128 of the electoral code are not taken into account . The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. The first part of the aid provided for in Article 8 shall be allocated: a) to the parties and political groups which, during the most recent renewal of the National Assembly, submitted candidates having each obtained at least 1% of the votes cast in at least 50 constituencies. b) to political parties and groups that have submitted candidates at the most recent renewal of the National Assembly in only one or more local authorities under Articles 73 or 74 of the Constitution or New Caledonia and whose candidates have each obtained at least 1% of the votes cast in all constituencies in which they presented themselves. The second fraction of this aid is allocated to the political parties and groups benefiting from the first fraction referred to above in proportion to the number of members of Parliament who declared at the office of their assembly, during the month of November, to be registered or to attach to it. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. I. - The parties and groups can use the antennas of the public service broadcasting and television for their campaign for the legislative elections. Each program is broadcast by the national television companies and sound broadcasting . This duration is divided into two equal sets, one being assigned to groups who belong to the majority, the other to those who do not belong to him. (Article L167.1, I& II, Electoral Code (1964,amended 2016))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other Yes. The time allocated to each group or party is determined by an agreement between the presidents of the groups concerned. In the absence of agreement, the distribution is determined by the speaker of the outgoing National Assembly, taking into account in particular the relative importance of these groups for the discussion. Non-parliamentary parties can get broadcasting time upon request. (Article L167.1, Electoral Code (1964,amended 2016))
Are there provisions for free or subsidized access to media for candidates? Yes. P 7, "equity of coverage is determined on the basis of past electoral results and the ability of contestants to generate public debate in the pre-‌electoral period.‌ Based on a CSA resolution, coverage of election-‌related issues pertaining to a specific constituency should be equitable for all contestants in this constituency, while election-‌related coverage beyond a particular constituency should apply the same principle to all contestants nationwide.‌" (OSCE/​ODIHR Needs Assessment Mission Report, 10-​11 May 2012, Republic of France Parliamentary Elections, 10 and 17 June 2012)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. If the commission finds a breach of the obligations provided for in this article, the political party or group loses the right, for the following year, to the benefit of the provisions of articles 8 to 10 of this act and the donations and contributions to his benefit cannot, starting from the following year, open right to the tax reduction provided to 3 of article 200 of the general tax code. Article L41 As well as it is said in article 1131 of the general tax code the acts, decisions and records relating to procedures in the field of elections are to be exempt from the stamp duty, registration and the law of costs of justice enacted by section 698 of the said code. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L41, Electoral Code (1964,amended 2016) )
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other Yes. The State shall bear the expenses arising from the operations carried out by the commissions set up by Article L. 166 and those resulting from their operation. In addition, candidates who have obtained at least 5% of the votes cast the cost of paper the printing of ballot papers, posters, flyers as well as posting fees. The election expenses of candidates for election to which article L. 52-4 Is applicable are the subject of a lump-sum refund of the share of the State equal to 47.5 per cent of their expenditure ceiling. The reimbursement may not exceed the amount of expenses paid on the personal contribution of candidates and traced in their campaign account. (Article L167 & L52-11-1 Electoral Code (1964,amended 2016))
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. If the gender difference among candidates is larger than 2%, the public funding is reduced by 3/4 of this difference. (Article 9.1, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016))
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Those who intend to influence the vote of an electoral college or a fraction of this college, has made donations or gifts, promises of gifts or administrative favors, either a common or at any community citizens, shall be punished by imprisonment of two years and a fine of 15,000 euros ( Articles L106 and L108, Electoral Code (1964,amended 2016))
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? Yes. The spending limit for election of deputies is 38 000 per applicant. It is increased by 0.15 per inhabitant of the constituency. The ceilings set for the election of regional councilors shall apply to the election of councilors in the assemblies of Corsica, Guyane and Martinique. ( Articles L52-11, Electoral Code (1964,amended 2016))
Are there limits on the amount a candidate can spend? Yes. The spending limit for election of deputies is 38 000 per applicant. It is increased by 0.15 per inhabitant of the constituency. The ceilings set for the election of regional councilors shall apply to the election of councilors in the assemblies of Corsica, Guyane and Martinique. ( Articles L52-11, Electoral Code (1964,amended 2016))

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Parties or groups benefiting from all or part of the provisions of Articles 8 to 11-4 are obliged to keep yearly accounts. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Do political parties have to report on their finances in relation to election campaigns? Yes. No later than 18 p.m. before the tenth Friday following the first ballot, each candidate or candidate list has to submit to the National Commission for Campaign Accounts campaign financing accounts and its annexes with the supporting of its revenues as well as invoices, specifications and other documents likely to establish the amount of expenses paid or incurred by the candidate or on his behalf. ( Article L52-12, Electoral Code (1964,amended 2016))
Do candidates have to report on their campaign finances? Yes. No later than 18 p.m. before the tenth Friday following the first ballot, each candidate or candidate list has to submit to the National Commission for Campaign Accounts campaign financing accounts and its annexes with the supporting of its revenues as well as invoices, specifications and other documents likely to establish the amount of expenses paid or incurred by the candidate or on his behalf. ( Article L52-12, Electoral Code (1964,amended 2016))
Is information in reports from political parties and/​or candidates to be made public? Yes. Summaries of the reports are published in the Official Journal of the French Republic (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Each candidate or list of candidates submitted to the head cap provided for in Article L. 52-11 and has obtained at least 1% of votes cast is required to establish a campaign account tracing, by origin, all the income received and according to their nature, all outlays and expenses in for election. ( Article L52-12, Electoral Code (1964,amended 2016))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution Yes. National Commission for Campaign Accounts and Political Funding (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework.

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. The Commission Nationale des Comptes De Campagne et Des Financements Politiques (CNCCFP) (translated to National Commission for Campaign Accounts and Political Funding) refers cases of possible irregularities to the public prosecutor, police or tax authorities for further investigation. (Article L52-14, Electoral Code (1964,amended 2016);)
Institution responsible for examining financial reports and/or investigating violations: Other Yes. National Commission for Campaign Accounts and Political Funding The commission may request of the judicial police officers to conduct any investigation it deems necessary for the exercise of his mission. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose Yes. National Commission for Campaign Accounts and Political Funding The commission may request of the judicial police officers to conduct any investigation it deems necessary for the exercise of his mission. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); Article L52-14, Electoral Code (1964,amended 2016);)
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Every one who commits one of the offences under article L113.1, is liable to a fine equivalent to 3750 euros and/or to imprisonment for a term of one year. Every one who commits one ot the offences under articles L106, L107, L108 or L113, is liable to a fine equivalent to 15000 euros and/or to imprisonment for a term of two years (double for public officials). (Articles L106, L107, L108, L109, L110, L111, L113, L113.1, Electoral Code (1964,amended 2016))
Sanctions for political finance infractions: Loss of public funding Yes. If the commission finds breaches, the political party or group loses the right to funding in the following year (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Sanctions for political finance infractions: Penal/Criminal Yes. Every one who commits one of the offences under article L113.1, is liable to a fine equivalent to 3750 euros and/or to imprisonment for a term of one year. Every one who commits one ot the offences under articles L106, L107, L108 or L113, is liable to a fine equivalent to 15000 euros and/or to imprisonment for a term of two years (double for public officials). (Articles L106, L107, L108, L109, L110, L111, L113, L113.1, Electoral Code (1964,amended 2016))
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party Yes. The approval is withdrawn to all associations having not complied with the prescriptions (Article 11.6, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2016); )
Sanctions for political finance infractions: Loss of elected office Yes. Article L117: Every one who is liable for one of the infractions set out in art. L86 to L.88, L.91 to L.104, L.106 to L.109, L.111 and L.116, is subject to the loss of political rights and the loss of elegibility to serve in public office. According to art. 131-26 of the Criminal Code and to art. LO136 of the Electoral Code, the loss of political rights or the loss of eligibility involves the incapacity to hold a public office and the termination of the mandate. (Articles L117 and LO136, Electoral Code amended 2016 Article 131-26, Criminal Code amended 2016)
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights Yes. Article L117: Every one who is liable for one of the infractions set out in art. L86 to L.88, L.91 to L.104, L.106 to L.109, L.111 and L.116, is subject to the loss of political rights and the loss of elegibility to serve in public office. According to art. 131-26 of the Criminal Code and to art. LO136 of the Electoral Code, the loss of political rights or the loss of eligibility involves the incapacity to hold a public office and the termination of the mandate. (Articles L117 and LO136, Electoral Code amended 2016 Article 131-26, Criminal Code amended 2016)
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2017


Legislation

Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988, consolidated version as of 31 December 2016) (French)pdf
Electoral Code, 1964, amended 2016 (French)pdf
Criminal Code, amended 2016 (French)pdf

Financial Disclosure

The French Electoral Code (1964, last amended in 2016) foresees that the Head of State and Members of Parliament declare real estate, movable assets, cash, debts, and gifts. Additionally, positions rather than income from outside employment, and shares in public or private companies must be declared. Spouses or partners are included in the disclosure requirements, and the professional activities performed by the partner must also be disclosed. The Law no. 2013-907 of 11 October 2013 on the transparency of public life (2013, amended in 2016) lays down the exact same disclosure requirements for Ministers and certain categories of Civil Servants. All public officials submit a declaration upon taking and leaving office, and declare any changes ad hoc.

Sanctions for late filling, non-filling and making false disclosure are specified for the Head of State and MPs. These range from fines between EUR 15,000 and EUR 45,000, over imprisonment, up to removal from office. Ministers and certain categories of Civil Servants only face sanctions for non-filling or false disclosure, in which cases the same sanctions apply. The High Authority serves as depository body for all public officials, and is tasked with verifying submissions and their accuracy, as well as enforcing financial disclosure regulations. All financial statements are made publicly available on the webpage of the High Authority.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items33898985
Filing frequency69757575
Sanctions33838383
Monitoring and Oversight94100100100
Public access to declarations19696956

Alternative Metric

2012201520162017Trend
Head of State60838382
Ministers42818180
Members of Parliament55888882
Civil servants42818175

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. President has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community(this refers to hi family) or property. Children are not included. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Income and Assets
Real estate Yes. The declaration of property status covers the following: The developed and undeveloped properties; The movable and immovable property held abroad; Other property; (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Movable assets Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes;The movable and immovable property held abroad; Other property (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Cash Yes. The declaration of property status covers the following: Securities; Life insurance; The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Loans and Debts Yes. The declaration of property status covers the following: Liabilities (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Income from outside employment/assets Yes. The declaration of property status covers the following: -Securities; - Movable and immovable property and accounts held abroad; - Other property; - Direct stakes in the capital of a corporation, company or partnership on the date ofnappointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2016) )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration of property status covers the following: -Securities; - Movable and immovable property and accounts held abroad; - Other property; - Direct stakes in the capital of a corporation, company or partnership on the date ofnappointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. The declaration of property status covers the following: Other property; Direct stakes in the capital of a corporation, company or partnership on the date of appointment (declaration of interests). The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2016))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment; 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years; 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )

Filing frequency

Filing required upon taking office Yes. Declarations of interests and activities and declarations of patrimonial status submitted by the candidates, under the conditions set out in the ninth paragraph of this I, shall be transmitted to the High Authority for the Transparency of Public Life, which shall make them public at least 15 days before the first ballot (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Filing required upon leaving office Yes. An official has to submit a declaration of assets to the High Autority seven month before the end of the mandate, or six month at the latest, in case of termination of the mandate other than death. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Filing required annually No. Annual filing not required, but the president has to submit the statement upon taking and leaving the office, as well as within two months after the changes in the property occur.
Ad hoc filing required upon change in assets or conflicts of interest Yes. An official has to submit a new statement to the High Autority within two months of the occurance of the significant change in assets (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Candidates for the Presidency submit the declarations prior to the elections (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Candidates for the Presidency submit the declarations prior to the elections (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )

Monitoring and Oversight

Depository body explicitly identified Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article 20 I.1 Acticle No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Enforcement body explicitly identified Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is prosecution. In case of the President, Constitutional Council has the the final word as it regulates elections and ensures that they are fair and valid. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article 20 II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying submission Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying accuracy Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. The property status report filed by the member under the same article LO 135-1 is transmitted by the High Authority for the transparency of public life to the tax authorities. It provides the High Authority, within thirty days of such transmission, all elements enabling it to assess the completeness, accuracy and truthfulness of the statement of net assets, including tax assessments of concerned with the income tax and, if applicable, the solidarity tax on wealth. (Article 3 Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article 5.I and 20 I.1 Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) )

Public access to declarations

Public availability Yes. The declarations submitted by the [presidential] candidates are sent to the High Authority for the transparency of public life, making them public at least fifteen days before the first ballot, within the limits defined in Article III LO 135-2 of the Electoral Code. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2016) )
Timing of information release specified Yes. The declarations submitted by the [presidential] candidates are sent to the High Authority for the transparency of public life, making them public at least fifteen days before the first ballot, within the limits defined in Article III LO 135-2 of the Electoral Code. (Article 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2016) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2016) )
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Each member of the Government within two months of its appointment has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community (refers to his family) or property. In case the minister has submitted a declaration of assets pursuant to Article L.O. 135-1 Electoral Code, he or she is waived of the obligation. Children are not included. (Constitutional Council decission) (Article 4.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Income and Assets
Real estate Yes. The declaration of property status covers the following: -The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Movable assets Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Cash Yes. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Loans and Debts Yes. The declaration of property status covers the following: Liabilities (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Income from outside employment/assets Yes. The declaration of property status covers the following: securities; Life insurance; professional activities giving rise to compensation; The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article 4.II and 23.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article 4.III Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Concurrent employment of family members in public sector Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article 4.III (6) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Filing frequency

Filing required upon taking office Yes. Within two months of being appointed, each of the members of the Government shall personally send the President of the High Authority for Transparency in Public Life an accurate and sincere declaration of his/her assets covering the entirety of his/her private property, as well as, where applicable, community property and joint property. (Article 4.I Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Filing required upon leaving office Yes. An official has to submit a declaration of assets within two months of leaving the office for any reason other than death. (Article 4.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. During the performance of his/her duties, a member of the Government whose assets or interests undergo a material change in practice shall file a declaration with the High Authority within one month (Article 4.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. No sanctions stipulated for late filing in the law 2013-907 which regulates requirements for the members of government and civil servants.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20.I (1) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 1992, amended 2016))
Enforcement body explicitly identified Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is the prorsecution (Article 20.II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying submission Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013 amended 2016))
Some agency assigned responsibility for verifying accuracy Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Public access to declarations

Public availability Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. However, unless the filing party has made his/her asset declaration public himself/herself, publishing or disclosing, in any way whatsoever, all or part of asset declarations or comments in connection therewith is punishable by a €45,000 fine (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Timing of information release specified Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. MP has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community(this refers to his family) or property. Children are not included. (Article L.O. 135-1.I Electoral Code (adopted 1964, amended 2016) )
Income and Assets
Real estate Yes. The declaration of property status covers the following: The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2016) )
Movable assets Yes. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2016) )
Cash Yes. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2016) )
Loans and Debts Yes. The declaration of property status covers the following: Liabilities (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2016) )
Income from outside employment/assets Yes. The declaration of property status covers the following: Business or clientele and charges and offices; Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment; Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2016) )
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration of interests covers the following: direct financial interests in the capital of a corporation, company or partnership on the date of election, as well as the direct and indirect interests that confer control of a company, business or organisation whose business mainly consists in providing consulting services. (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2016) )
Ownership of state-owned enterprises (SOEs) Yes. The declaration of interests covers the following: direct financial interests in the capital of a corporation, company or partnership on the date of election, as well as the direct and indirect interests that confer control of a company, business or organisation whose business mainly consists in providing consulting services. (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2016) )
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2016) )
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article L.O. 135-1.III Electoral Code (adopted 1964, amended 2016) )

Filing frequency

Filing required upon taking office Yes. In the two months after taking office, an official has to submit to the President of the High Authority for the transparency of public life an exhaustive statement accurate, sincere and certified in the honor of his assets on all of its own assets and, where applicable, those of the undivided community or property. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Filing required upon leaving office Yes. An official has to submit a declaration of assets to the High Autority six months before the end of the mandate, or two months after, in case of dissolution of the National Assembly or termination of the mandate for a reason other than death. (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. An official has to submit a new statement to the High Autority within two months of the occurance of the significant change in assets (Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016) )

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If an official does not refer to the orders of the High Authority for the transparency of public life or does not provide the information and relevant documents to the exercise of its mission within a month from the notification of the injunction or communication application is punishable by one year imprisonment and a € 15,000 fine. (Article L.O. 135-4, Electoral Code (adopted 1964, amended 2016) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Failing to declare a substantial part of its assets or interests, or providing false valuation of assets is punishable by a sentence of three years in prison and a € 45,000 fine. In addition, the ban on civil rights may be imposed, as provided in Articles 131-26 and 131-26-1 of the Criminal Code, and disqualification from public office as provided in Article 131-27 of the Criminal Code. (Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Enforcement body explicitly identified Yes. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is police. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying submission Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying accuracy Yes. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. The property status report filed by the member under the same article LO 135-1 is transmitted by the High Authority for the transparency of public life to the tax authorities. It provides the High Authority, within thirty days of such transmission, with all the elements enabling it to assess the completeness, accuracy and truthfulness of the statement of net assets, including tax assessments of concerned with the income tax and, if applicable, the solidarity tax on wealth. (Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) Article L.O. 135-2, Electoral Code (adopted 1964, amended 2015))

Public access to declarations

Public availability Yes. The asset declaration and the declaration of interests shall be made public (Article L.O. 135-2, Electoral Code (adopted 1964, amended 2015))
Timing of information release specified Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Each member of the Government within two months of its appointment has to submit a comprehensive statement, accurate and sincere his patrimonial situation for all of its own assets and, where applicable, those of the undivided community (refers to his family) or property. In case the minister has submitted a declaration of assets pursuant to Article L.O. 135-1 Electoral Code, he or she is waived of the obligation. (Article 4.I and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Income and Assets
Real estate Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: -The developed and undeveloped properties; Various personal property of a value greater than an amount set by regulation; Immovable property held abroad; Other property; (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Movable assets Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: Various personal property of a value greater than an amount set by regulation; Land motor vehicles, boats and planes; Movable property held abroad; Other property (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Cash Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: The current accounts or savings passbooks and other savings products; Various personal property of a value greater than an amount set by regulation; Accounts held abroad; Other property (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Loans and Debts Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: Liabilities (Article 4.II and 11, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Income from outside employment/assets Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The declaration of property status covers the following: securities; Life insurance; professional activities giving rise to compensation; The High Authority shall rule on the compatibility of carrying on an independent profession or a remunerated activity within an organisation or undertaking that operates in a competitive sector. (Article 4.II, 11 and 23.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. The declaration of interest covers direct financial interests in the capital of a company. (Article 4.II, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The following must be reported in the declaration of interests: 1) Professional activities that give rise to remuneration or gratuities that are performed on the date of appointment, 2) Professional activities that have given rise to remuneration or gratuities that were performed during the last five years, 3) Activities in the capacity of consultant that are performed on the date of appointment and that were performed during the last five years, 4) Involvement in the managing bodies of a public or private organisation or of a corporation, company or partnership on the date of appointment or during the last five years, 5) Direct stakes in the capital of a corporation, company or partnership on the date of appointment (Article 4.III and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Elective duties and offices performed and held on the date of appointment must be reported (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector Yes. Professional activities that are performed on the date of appointment by the spouse, partner by civil union or common law spouse (this refers all kinds of employment, including that in public sector) (Article 4.III (6) and 11 Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Filing frequency

Filing required upon taking office Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within two months of being appointed, each of the members of the Government shall personally send the President of the High Authority for Transparency in Public Life an accurate and sincere declaration of his/her assets covering the entirety of his/her private property, as well as, where applicable, community property and joint property. (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Filing required upon leaving office Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. An official has to submit a declaration of assets within two months of leaving the office for any reason other than death. (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life.During the performance of his/her duties, a member of the Government whose assets or interests undergo a material change in practice shall file a declaration with the High Authority within one month (Article 4.I and 11, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. No sanctions stipulated for late filing in the law 2013-907 which regulates requirements for the members of government and civil servants.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 11, 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. If a person does not file one of the declarations, fails to declare a substantive part of his/her assets or his/her interests or provides an untruthful evaluation of his/her assets, s/he shall receive a three-year prison sentence and a €45,000 fine. Additional penalties may be handed down in the form of loss of civic rights, in accordance with Articles 131-26 and 131-26-1 of the Criminal Code, as well as the prohibition of holding public office, in accordance with Article 131-27 of the same Code. (Article 11, 26.I, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1) Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 1992, amended 2016))
Enforcement body explicitly identified Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Where it is established that the person referred to in Articles 4 and 11 do not comply with its obligations under Articles 1, 2, 4, 11 and 23, the High Authority for the transparency of public life may take up office or it may be seized by the Prime Minister, the Speaker of the National Assembly or the President of the Senate. In case of non-compliance there are punishments listed in the Criminal Law, where clearly enforcement body is the prorsecution (Article 11, 20.II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Some agency assigned responsibility for verifying submission Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013 amended 2016))
Some agency assigned responsibility for verifying accuracy Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. The High Autority receives statements of assets, liabilities and their declarations of interests, ensures the checking, testing and, where appropriate, advertising. (Article 11, 20.I (1), Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))

Public access to declarations

Public availability Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. However, unless the filing party has made his/her asset declaration public himself/herself, publishing or disclosing, in any way whatsoever, all or part of asset declarations or comments in connection therewith is punishable by a €45,000 fine (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Timing of information release specified Yes. It applies to categories of public officials listed in Article 11 of the Act on transparency of public life. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2016))
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Qualitative data for 2017


Legislation

Penal Code, 1992, consolidated 2016 (French)pdf
Electoral Code of 1964, consolidated 2016 (French)pdf
Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013, consolidated 2016 (French)pdf
Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage, 1962, consolidated 2016 (French)pdf
Decree No. 2013-1212 of 23 December 2013 concerning the declarations of assets, liabilities and interests declarations to the High Authority for the transparency of public life, consolidated 2016 (French)pdf
Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2016 (French)pdf

Conflict of Interest

The Act on transparency in public life (2013, last amended 2016) declares it to be a duty of all public officials to end any possible conflicts of interests. It further prevents Head of State, Ministers, Members of Parliament, and Civil Servants from holding government contracts. In addition, Members of Parliament and Civil Servants may not hold managerial or advisory functions in private enterprises. This is specified in the Electoral Code (1964, last amended 2015) and the Law No. 83-634 on the rights and obligations of officials (1983, last amended 2016) respectively. Post-employment regulations are only made for Civil Servants, who must notify the administration if they take up employment with an employer that would have constituted a conflict of interest within three years after ending their tenure. No specific law prevents public officials from participating in issues which may affect private interests.

If the Head of State, Ministers, and Civil Servants violate laws on conflicts of interests, they face sanctions consisting of a three years imprisonment and a fine of € 200,000. While MPs face these same sanctions, they may also be removed from office if a conflict of interests is not alleviated within 30 days after notice from the Constitutional Court. Moreover, if they exploit their mandate on behalf of a company they have to pay a fine of € 3.750, and if repeated of € 7.500. While the French Supreme Administrative Court functions as monitoring body for the Head of State and Ministers, the bureau of each assembly pursues this function for MPs, and the immediate superior for Civil Servants. The High Authority for Transparency in Public Life serves as enforcement body for all public officials.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions28424242
Sanctions58757575
Monitoring and Oversight25100100100

Alternative Metric

2012201520162017Trend
Head of State0626262
Ministers32626262
Members of Parliament56878787
Civil servants60797979

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. Members of the Government, persons holding local elective offices and persons entrusted with a public service mission shall exercise their functions with dignity, integrity and integrity and shall ensure that any conflict of interest is immediately prevented or stopped. The members of the independent administrative authorities and the independent public authorities shall also exercise their functions impartially. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The French Supreme Administrative Court makes deicisons as to conflicts of interests by members of the government. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Enforcement body specified (sanctions, hearings) Yes. When it observes that a member of the Government has a conflict of interest, the High Authority for Transparency in Public Life shall order said member to put an end to said situation. After giving the person concerned the opportunity to put forward his/her comments within one month, the High Authority may decide to make said injunction public. (Art. 10 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)

Ministers

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The French Supreme Administrative Court makes deicisons as to conflicts of interests by members of the government. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Enforcement body specified (sanctions, hearings) Yes. When it observes that a member of the Government has a conflict of interest, the High Authority for Transparency in Public Life shall order said member to put an end to said situation. After giving the person concerned the opportunity to put forward his/her comments within one month, the High Authority may decide to make said injunction public. (Art. 10 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. MPs may not be entrepreneurs, directors or chairpersons in companies which receive grants by the state, companies only aimed at earning a private profit, companies active in works and supplies for the state or general public, companies active in the sale of land or constructions, and companies where more than half the capital is owned by corporate or private interests. (Art.146 Electoral Code of 1964, consolidated as of consolidated 2016)
Ownership of state-owned enterprises (SOEs) Yes. MPs may not be Presidents, Board members or directors in national institutions or national companies. (Art. 145 Electoral Code of 1964, consolidated as of consolidated 2016)
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Board member, advisor, or company officer of private firm Yes. MPs may not be entrepreneurs, directors or chairpersons in companies which receive grants by the state, companies only aimed at earning a private profit, companies active in works and supplies for the state or general public, companies active in the sale of land or constructions, and companies where more than half the capital is owned by corporate or private interests. (Art.146 Electoral Code of 1964, consolidated as of consolidated 2016)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected into parliamentary mandate are automatically given a leave of absence for the duration of the mandate. (Art. 24 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. MPs who use their mandate in the name of a company pay a fine of 3.750€, and if repeated of 7.500€ Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 150 Electoral Code of 1964, consolidated as of 2016 Art. 432-13 Penal Code (1992, last amended 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. MPs who do not address incompatabilities within 30 days of notification by the Constitutional Court are forced to lay down their mandate. (Art. 151-2 Electoral Code of 1964, consolidated as of 2016)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The bureau of each assembly, after consulting the body that is responsible for parliamentary ethics, determines the rules for preventing and handling conflicts of interest, and ensures compliance. (Art. 3 Act on transparency in public life (2013))
Enforcement body specified (sanctions, hearings) Yes. High Authority for Transparency in Public Life issues opinions and makes judgements about whether a conflict of interest exists or has been violated. (Art. 20 Act on transparency in public life (2013))

Civil servants

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Members of public authorities may not own 30% or more of the capital of companies in the preceeding 3 years which stand under their supervison. Civil servants may not pursue gainful employment in private companies; but they may hold shares. (Art. 1 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2016 Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2016)
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not pursue gainful employment in private companies. (Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2016)
Holding government contracts Yes. Members of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Board member, advisor, or company officer of private firm Yes. Members of public authorities may not be part of supervision or control of a company in the preceeding 3 years that is connected to the exercise of their functions in office. Civil servants may not pursue gainful employment in private companies. (Art. 1 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2016 Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2016)
Post-employment Yes. Members of public authorities who take up private activities up to 3 years after ending their position, must notify the administration if these activities would have made a conflict of interest during their function. (Art. 2 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2016)
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected into parliamentary mandate are automatically given a leave of absence for the duration of the mandate. (Art. 24 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2016))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Immediate superiors are responsible for reviewing conflicts of interest and drafts a decision on the matter. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)
Enforcement body specified (sanctions, hearings) Yes. High Authority for Transparency in Public Life issues opinions and makes judgements about whether a conflict of interest exists or has been violated. (Art. 20 Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016)

Qualitative data for 2017


Legislation

Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2016 (French)pdf
Law No. 83-634 on the rights and obligations of officials, 1983, amended 2016 (French)pdf
Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2016 (French)pdf
Electoral Code of 1964, amended 2016 (French)pdf
Penal Code, 1992, amended 2016 (French)pdf

Freedom of Information

The freedom of information regime in France is established by the Code of relations between the Administration and the Public (2015, amended 2016). The law applies to administrative documents that are created or received as part of the functioning of public service by the State, local authorities and by other persons of public law or private law entrusted with such a role, and private entities entrusted with a public service mission. It does not apply to parliament.

Specific exemptions to disclosure are outlined in the aforementioned FOI law and Act No. 78-17 relating to data, files and liberties (1988, amended 2016). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

The first appeals stage is to the Commission for Access to Administrative Documents (CADA) which issues a non-binding opinion when requested by an applicant whose request for information has been refused. Judicial appeal can only be granted after the Commission for Access to Administrative Documents (CADA) has given its opinion.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation. 


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage69696969
Information access and release54545454
Exceptions and Overrides67505050
Sanctions for non-compliance0000
Monitoring and Oversight33333333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. The right of any person to information is specified and guaranteed by the provisions of Chapters I, III and IV of this title as regards freedom of access to documents administrative. (Article L300-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
"Information" or "Documents" is defined Yes. Administrative documents, as defined in Chapters I, III and IV of this title, whatever their date, place of conservation, form and support documents created or received as part of their mission of service public by the State, local authorities and by other persons of public law or private law entrusted with such a mission. Constitute such documents including records, reports, studies, records, minutes, statistics, directives, instructions, circulars, notes and ministerial replies, correspondence, reviews, forecasts and decisions. (Article L300-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch Yes. Administrative documents are defined as documents that are created or received as part of the functioning of public service by the State, local authorities and by other persons of public law or private law entrusted with such a role. (Article L300-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Legislative branch No. Parliament falls under the Ordinance on the functioning of parliamentary assemblies but does not specify access to parliamentary documents. (Act No. 58-1100 on the functioning of parliamentary assemblies, 1958, consolidated version as of Dec 31, 2016)
Judicial branch Yes. Only administrative documents relevant to the judiciary are covered. (Article L300-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Other public bodies No. Absent from legal framework ( )
Private sector Yes. It is covered if the private entity is entrusted with a public service mission. (Article L300-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. The legislature is not covered by the FOIA and the Ordinance on the functioning of parliamentary assemblies does not cover general access to information. In practice draft laws are published on the website of the Senate: http://www.senat.fr/dossiers-legislatifs/textes-recents.html ( )
Enacted legal instruments Yes. The President must promulgate the laws passed by the parliament. The Civil Code also requires all laws to be published in the Journal officiel de la République française (Official Gazette) in order to be binding. Law 2000-321 sets out the right to access legislation and requires administrative authorities to set up a simple and accessible system by which the public can access the laws that are enacted. (Article 10 Constitution of France, 1958, amended 2009 Article 2, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2016 Article 1, Civil Code)
Annual budgets Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2016 Article L300-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016 Article 48 of the Organic Law on the Finance Laws, 2001, amended 2013 Article 47 Constitution of France, 1958, amended 2009 )
Annual chart of accounts (actual expenditures) Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2016 Article L300-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016 Article 48 of the Organic Law 62 on the Finance Laws, 2001, amended 2013 Article 47 Constitution of France, 1958, amended 2009 )
Annual reports of public entities and programs Yes. Administrative documents, as defined in Chapters I, III and IV of this title, whatever their date, place of conservation, form and support documents created or received as part of their mission of service public by the State, local authorities and by other persons of public law or private law entrusted with such a mission. Constitute such documents including records, reports, studies, records, minutes, statistics, directives, instructions, circulars, notes and ministerial replies, correspondence, reviews, forecasts and decisions. (Article L300-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The right of any person to information is specified and guaranteed by the provisions of Chapters I, III and IV of this title as regards freedom of access to documents administrative. (Article L300-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Type of request is specified (written, electronic, oral) No. Absent from legal framework ( )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Yes. The person responsible for access to administrative documents and questions relating to the re-use of public information shall be responsible, in this capacity, for: 1. Receive requests for access to administrative documents and license for the re-use of public information as well as any complaints and ensure that they are processed; 2. Liaise between the authority with which it is designated and the commission for access to administrative documents. (Article L330-4 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The only charges are the direct costs of making a hard copy of a document in the same format as the original. Viewing a document in person or receiving an e-version are free of charge. (Article L311-9 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)

Deadlines for release of information

20-day response deadline Yes. If an applicant has had no response to a request for information within one calendar month, then they should assume that the request has been refused. (Article L311-13 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Agency granted right to extend response time No. Absent from legal framework
Maximum total response time of no more than 40 days No. Absent from legal framework

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Absent from legal framework ( )
Existence of personal privacy/data law Yes. The Civil Code sets out a right to respect for private life. Law 78-17, the data protection law, protects and sets out conditions for access to personal data, including lawful and fair collection, disclosure requirements, and consent. (Article 9, Civil Code Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2016)
Specific exemptions to disclosure Yes. The list of exemptions is listed in the article of the Code of relations between the Administration and the Public (Article L311-5/6 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016 Article 7, Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2016 Article 413-9 Criminal Code)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. The first appeals stage is to the Commision for Access to Administrative Documents (CADA) which issues a non-binding opinion when requested by an applicant whose request for information has been refused. (Article L342-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Judicial appeals mechanism Yes. Judicial appeal can only be granted after the Commission for Access to Administrative Documents (CADA) has given its opinion. (Article L342-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. The Ministers and the Prefects shall designate for the departments under their authority a person responsible for access to administrative documents and questions relating to the re-use of public information. The following persons are also required to designate a responsible person: 1. The communes of ten thousand inhabitants or more, the departments, regions and the territorial collectivity of Corsica; 2. National and local public establishments employing at least two hundred agents; 3. Public establishments for inter-municipal co-operation comprising a population of ten thousand or more inhabitants; 4 ° Other persons governed by public law and private persons entrusted with the management of a public service who employ at least 200 officers. (Article L330-2 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Public body that is responsible for applying sanctions No. The Commission for Access to Administrative Documents is an independent administrative authority. It is responsible for ensuring respect for the freedom of access to administrative documents and public archives and for the application of Title II of this book under the conditions laid down in this book and in Title I of Book II of heritage code (Article L340-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law Yes. The Defender of Rights may be seized of, or seized ex officio of, disputes between the public and the administration, in the cases and under the conditions provided for by Organic Law No. 2011-333 of March 29, 2011 relating to the Defender Rights. (Article L424-1 Code of relations between the Administration and the Public, 2015, consolidated version as of Dec 31, 2016)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Act No. 58-1100 on the functioning of parliamentary assemblies, 1958, consolidated version as of Dec 31, 2016 (French)pdf
Constitution of France, 1958, amended 2009 (French)pdf
Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2016 (French)pdf
Civil Code, amended 2016 (French)pdf
Organic Law 692-2001 on the Finance Laws, 2001, amended 2013 (French)pdf
Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2016 (French)pdf
Criminal Code, 1992, amended 2016 (English)pdf

Public Procurement

The French public procurement system is regulated by the Public Procurement Contracts Code, Ordinance No. 2005-649 of 6 June 2005, and additional legislation regulating subcontracting, certain public and private buyers etc. The central body responsible for supporting any state organizations in public procurement issues is the Advisory Commission on Public Procurement.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 25,000 for goods, works and services,

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

here is no preferential treatment for SMEs. Bids can be excluded in case of irregular offers (non-compliant with call for tenders or incomplete bid), and abnormally low priced offers can be also excluded.

In the bid evaluation phase, there are no conflict of interest restrictions on the composition of the evaluation committee nor provisions on the independence of the contracting authority.

There is no payable fee in case of an arbitration procedure.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope969297
Information availability696982
Evaluation818181
Open competition838375
Institutional arrangements292929

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

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Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 25000. For the contract in relation to goods, the lowest threshold is: EUR 25,000 Note: between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 25000. For the contract in relation to works, the lowest threshold is: EUR 25,000 Note: between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 25000. For the contract in relation to services, the lowest threshold is: EUR 25,000 Note: between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-361, art. 23 14)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 25000. Between this threshold and the various thresholds from which the formal procedures are applicable, there is no formal procedure to comply with but a simplified procedure pursuant to which the authority/entity must establish on its own an 'appropriate procedure' setting out competition and publication provisions. (Decret 2016-360, art. 30 I 8 - Decret 2016-361, art. 23 14)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. 1. a prior information notice (by contracting authorities or defence matters) or 2. a periodic indicative notice (by contracting entities) 3. A notice of a competitive public tender 4. An award notice to be published when the thresholds set are reached, depending on various factors (1. Decret 2016-360, art. 31 - Decret 2016-361, art 26 2. Decret 2016-360, art. 32 3. Decret 2016-360, art. 36 - Decret 2016-361, art 29 4. Decret 2016-360, art. 104 - Decret 2016-361, art 92)
Are any of these documents published online at a central place? Yes. The places on which the documents can be published are the following, varying depending on the circumstances: - Official Bulletin of announcements about public markets, - Official Journal of the European Union, - buyer's profile, - legal section of newspaper - specialised press (Identical provisions to the ones referred to above. Please see above in this respect.)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. --> for the elements of the public procurement contract: - 5 years (in respect of goods and services) - 10 years for (in respect of goods and works) from the date of the end of the performance of the contract --> for the applications and tenders and the documents relating to the procurement procedure: 5 years from the date of signature of the public public contract. (Decret 2016-360, art. 108 - Decret 2016-361, art 96 )
Are contracts awarded within a framework agreement published (ie mini contracts)? No. The public authorities / entities are not required to submit any award notice in respect of the contracts awarded within a framework agreement. (Decret 2016-360, art. 104 - Decret 2016-361, art 92 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. The candidate shall provide the contracting authority or the contracting entity depending on whether the buyer acts as a contracting entity or authority with a declaration including all the relevant information about the subcontracting agreement, (1) when the demand for subcontracting arises upon submitting the offer or proposal, (2) when the demand for subcontracting arises after submitting the offer. In this case, the contractor shall submit to the contracting authority/entity against receipt or by registered letter with acknowledgment of receipt, a statement containing the relevant information mentioned. (3) If, subsequent to the notification of the contract the Contractor intends to entrust to subcontractors the execution services for an amount higher than that which was indicated in the contract or the special act, the Contracting Authority/entity seeks to amend the only copy or certificate of transferability (Decret 2016-360, art. 134 - Decret 2016-361, art 122 )
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. Publication of this information at the tender stage is to be made irrespective to the percentage of the contract value subcontracted. (Decret 2016-360, art. 134 - Decret 2016-361, art 122 )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source, or to a particular process, or to trade marks, patents types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract is not possible; such reference shall be accompanied by the words "or equivalent". (Decret 2016-360, art. 8 - Decret 2016-361, art 6 )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. The legislations originally specified a preferential treatment for SMEs when it came into force. However these provisions were struck off by the Council of State, which held that such preferential treatment was discriminiatory as contrevening to the principle of equal access to public procurement (CE 9 juill. 2007, Synd. EGF-BTP et a., req. no 297711: Lebon 298) (())
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. However, where tenders submitted as part of the award of a supply contract contain products originating in third countries with which the EU has not concluded agreement in a multilateral or bilateral frameworks, these offers may be rejected where the proportion of products originating from third countries exceeds 50% of the total value of these deals. (Decret 2016-360, art. 61 )
Is there a specific set of rules for green/sustainable procurement? Yes. There are generally contemplated and not specified. However, contracting/entities authorities may require the production of certificates drawn up by independent bodies attesting the compliance of the economic operator. (Ordonnance 2015-899, articles 30, 31 and 38 - Decret 2016-360, art. 10 and 11 - Decret 2016-361, art 8 )

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The restrictions have been reinforced under the new legislation with a wide range of provisions setting out the situations wher candidates cannot bid for a contract awarded by a contracting authority/entity. These restrictions broadly consist of the previous ones, although more detailed for some of them. Similarly, a number of very specific situations, which are not worth mentioning, are now covered with a few exceptions. The following grounds preventing a candidate for biding still apply: 1. there has been final conviction in the past five years, for one of the offenses such as offenses under the penal code, tax code, defence code and code of internal security, 2. there has been conviction in the past five years recorded in bulletin No 2 of the criminal record for offenses referred to in specific Articles of the employment code. 3. they are under the bankruptcy procedure provided for in Article L. 6401 of the Commercial Code, their personal bankruptcy was declared in accordance with articles L. 6531 to L. 6538 of the Code as well as they are subject to an equivalent procedure governed by a foreign law. Those admitted to the judicial settlement procedure established by Article L. 6311 of the Commercial Code or an equivalent procedure governed by a foreign law must prove that they have been authorized to continue operating throughout the expected execution period of the contract, 4. they have not signed until the 31st December of the year before the consultation is launched the declarations imposed on them regarding tax and social security matters or they have not paid the required taxes and contributions up to this date, 5. in case of defence and security markets they have been sanctioned by termination of their contract or by a final court decision, for infringements relevant to the security of supply or the information security, unless they have fully executed the court decisions imposed on them and they have established, by any means, that their professionalism cannot be doubted anymore,6. in case of defence and security markets, they lack the necessary reliability to prevent security breaches, 7.they have not implemented until the 31st December of the year before the consultation is launched, the obligation laid down in the Employment Code to negotiate and which, at the date of bidding, is still not implemented. (Ordonnance 2015-899, articles 45 to 50)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. In case of abnormally low offers, the contracting authority/entity may reject them only after requesting written clarifications that it deems they are useful and they verify the justifications provided. (Decret 2016-360, art. 60 - Decret 2016-361, art 57 )
Is scoring criteria published? Yes. Τhe criteria on which the contracting authorities shall base the award of public contracts shall be either: (a) when the award is made to the tender most economically advantageous from the point of view of the contracting authority, various criteria linked to the subject-matter of the public contract in question, for example, quality, price, technical merit, aesthetic, functional characteristics and environmental characteristics or (b) the lowest price or the cost appreciated in accordance with a global approach which can be based on the cost of the cycle of living. (Decret 2016-360, art. 62 and 63 - Decret 2016-361, art 58 )
Are decisions always made by a committee? No. For the regional authorities and their public institutions, a tender committee ("la comission d'appel d'offres") must be set up. This comittee intervenes in the process of the conclusion of any contract entered into in accordance with a formal procedure when the thresholds are reached. (General Local Authorities Code, art. L. 1414-2)
Are there regulations on evaluation committee composition to prevent conflict of interest? No. No regulations are provided to prevent conflict of interest from happening. However, if there is conflict of interest, the decision made may be cancelled and the person involved in its commission sentenced. (General Local Authorities Code, art. L2131-11 Criminal Code, art. 432-11 (Passive corruption and trafficking influence by person holding public office), art. 432-12 and 432-13 (Unlawfull taking of interest),, art. 432-14 (Offences against equal access in respect of public tenders and public service delegations))
Is some part of evaluation committee mandatorily independent of contracting authority? No. No provisions in this respect. However, any conflict of interest may be sanctioned as specified above. (Conflict of interest may be sanctioned in accordance with the provisions stated above.)
Are scoring results publicly available? Yes. For contracts and framework agreements awarded by formalised procedures, the contracting authority shall prepare a report to present the award procedure. Among the information contained, it is also the scoring results and the justification of the award decision. Where the contracting authority is subject to public control of its markets, the report is sent along with the market authorities responsible for controlling the markets. The presentation report or its main elements are sent to the European Commission at its request. (Decret 2016-360, art.105 - Decret 2016-361, art 93 )
Does the law specify under which conditions the tender can be cancelled? Yes. When no application or no bids were delivered or when inappropriate (ie, irrelevant to the need of the buyer) tendes are submitted or when irregular (ie, incomplete or non-compliant with the documentation published) or unacceptable (ie, involving disregarding the legislation or the credits allocated) tenders are submitted, the tender is declared unsuccessful. (Decret 2016-360, art.59 - Decret 2016-361, art 56 )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. The places on which the documents can be published are the following, varying depending on the circumstances: - Official Bulletin of announcements about public markets, - Official Journal of the European Union, - buyer's profile, (Decret 2016-360, art. 31 - Decret 2016-361, art 26 Decret 2016-360, art. 32 Decret 2016-360, art. 36 - Decret 2016-361, art 29 Decret 2016-360, art. 104 - Decret 2016-361, art 92)
Does the law specify the location for publicizing restricted calls for tenders? Yes. The places on which the documents can be published are the following, varying depending on the circumstances: - Official Bulletin of announcements about public markets, - Official Journal of the European Union, - buyer's profile, (Decret 2016-360, art. 31 - Decret 2016-361, art 26 Decret 2016-360, art. 32 Decret 2016-360, art. 36 - Decret 2016-361, art 29 Decret 2016-360, art. 104 - Decret 2016-361, art 92)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The places on which the documents can be published are the following, varying depending on the circumstances: - Official Bulletin of announcements about public markets, - Official Journal of the European Union, - buyer's profile, (Decret 2016-360, art. 31 - Decret 2016-361, art 26 Decret 2016-360, art. 32 Decret 2016-360, art. 36 - Decret 2016-361, art 29 Decret 2016-360, art. 104 - Decret 2016-361, art 92)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. 5 for contracting authorities No for contracting entities but the law provides that the number must be sufficient to enable an effective competition 3 in defence matters (Decret 2016-360, art.47 - Decret 2016-361, art 39 )
What is the minimum number of bidders for negotiated procedures? 3. 3 for contracting authorities No for contracting entities but the law provides that the number must be sufficient to enable an effective competition 3 in defence matters (Decret 2016-360, art.47 - Decret 2016-361, art 39 )
What is the minimum number of bidders for competitive dialogue procedures? 3. 3 for contracting authorities No for contracting entities but the law provides that the number must be sufficient to enable an effective competition 3 in defence matters (Decret 2016-360, art.47 - Decret 2016-361, art 39 )

Bidding period length

What are the minimum number of days for open procedures? 35. 35 for authorities and entities acting in regular matters and 37 in defence matters (Decret 2016-360, art.67 - Decret 2016-361, art 61 )
What are the minimum number of days for restricted procedures? 30. 30 for the contracting authorities To be agreed upon with the selected bidders for the contracting entities, 10 if no agreement reached 40 in defence matters (Decret 2016-360, art. 70 - Decret 2016-361, art 63 )
What are the minimum number of days  for competitive negotiated procedures? 30. 30 for the contracting authorities To be agreed upon with the selected bidders for the contracting entities, 10 if no agreement reached Up to the buyer in defence matters (Decret 2016-360, art. 72 and 74 - Decret 2016-361, art 65 )

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Numerous exceptions to the application of public procurement law are provided, depending on various factors relating to: - "in house" situation when (i) the contracting authority/entity exercises a control over its contractual partner similar to the control which which would be exercised over its own departments and (ii) this contractual partner carries out more than 80% of the activity of the contracting authority/entity. A private equity participation excludes, in principle, any "in house" situation. - public public cooperation when (i) there is a aim at jointly carrying out public service missions with a view to achieving common objectives, (ii) this cooperation is strictly limited to considerations of general interest, and (iii) as long as contracting authorities/entitues conduct less than 20% of their activities by this cooperation - an exclusive right granted by a legislation to a company for the carrying out of a general interest mission - the puropose of the contract when it is entered into in respect of specific domains such as the rent of buildings, research and development, arbitration and conciliation etc. - framework agreements and contracts entered into in accordance with an international treaty or in relation to an international organisation etc. (Ordonnance 2015-899, articles 14 to 20)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. 1. the state and its public bodies acting as contracting authorities 2. the local authorities and local public bodies acting as contracting authorities 3. the legal persons governed by private law pursuing a mission of general interest 4. the bodies governed by private law created by contracting authorities  4. Other private persons  5. Any contracting entities (Ordonnance 2015-899, articles 9 to 13)
Does the law specify the main procedure types or procurement methods permitted? Yes. 1. Call for open or restricted tenders,2. Negotiated procedure with prior call for competition, 3. Competitive procedure with negotiation 4. Competitive dialogue, (Ordonnance 2015-899, article 42)
Is there a procurement arbitration court dedicated to public procurement cases? No. There is no arbitration court specifically dedicated to public procurement cases. Please note that the term arbitration is misleading as it refers to the procedure followed before an arbitration court. Indeed, dealing with a case through arbitration necessarily entails a contract or a provision beforehand, whereby the parties agree to refer to arbitration any matter arising out of the public procurement contract. The arbitration court as well asd the procedure applying are set out by the contract, not by the legislation. In this respect, public procurement contracts may not be referred to arbitration, unless the parties agree and only in very limited instances. There are so few circumstances under which a contract may be reffered to arbitration that resorting to arbitration is rather seldom, the large majority of cases being brought to courts. No court is dedicated to public procurement matters. This is the ordinary court, in this respect the administrative court ("le tribunal administratif"), which has jurisdiction to deal with public procurement matters. (Administrative Justice Code, art. R. 312-11)
Is there a procurement regulatory body dedicated to public procurement? Yes. It is the economic observatory of public procurement which collects and analyses data on the economic and technical aspects of public order. It also provides a permanent forum for consultation and exchange of information with economic operators. Moreover, there is the interministerial commission of inquiry on public procurement and public service delegations, which is responsible for conducting investigations into the conditions of regularity and impartiality in which public contracts are prepared, awarded or executed. Finally, there are Advisory Committees for the amicable settlement of differences or disputes relating to public contracts. (Law n° 91-3 du 3 janvier 1991, article 1 - Decret 2016-360, art.141 - Decret 2016-361, art 138)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only relevant provision contemplates that where a particular professional qualification is required of participants in the contest, at least a third of the jury members shall have the same qualification or an equivalent qualification. (Decret 2016-360, art. 89 - Decret 2016-361, art 78 )
Is disclosure of final, beneficial owners required for placing a bid? No. However, the documentation relating to the capacity of the signatories signing on behalf of the succesful tenderer may be required. In this situation, any document such as the structire of ownership may possibily be asked. (Decret 2016-360, art. 50 - Decret 2016-361, art 42 )

Complaints

Is there a fee for arbitration procedure? No. As mentioned above, the term arbitration is misleading. Although its recourse is very limited as previously explianed, if a case is dealt with by an arbitrator there will be a fee to pay the arbitrators, pursuant to the general principles of arbitration law. On the other hand, the procedure before the ordinary court, which is most likely to apply in the very large majority of the situations, is free. (Loi n° 77-1468 du 30 décembre 1977)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. As mentioned above, the term arbitration is misleading. If the case is dealt with by an arbitration court, there are no enforcement powers that can be used by the arbitration court to prevent the signature before it has given its decision. If the case is brought before the ordinary court, the contract can only be signed after the referral to the administrative tribunal and the notification to the contracting authority/contracting entity of the judicial decision (Article L551-4 Administrative Justice Code, Public Procurement Code, art. L.551-9)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 20. Same issue as to the use of the misleading term of arbitration. If the case is brought before the ordinary court: 1. if the contract has not been signed yet, the president of the administrative tribunal or the magistrate delegated by him act within twenty days 2. if the contract has already been signed, the president of the administrative tribunal or the magistrate delegated by him act within 1 month (1. Subsection 3 Article R551-5, Administrative Justice Code; 2. Administrative Justice Code, art. R. 551-9 )
Is there a requirement to publicly release arbitration court decisions ? No. Same issue as to the use of the misleading term of arbitration. If the case is brought before the ordinary court: 1. the decision handed down in case of emergency interim proceedings is not released publicly. 2. any other decision is released publicly (1. Administrative Justice Code, art. L10, art R741-1 2. Administrative Justice Code, art. R742-6)

Qualitative data for 2017


Legislation

Administrative Justice Code as of 31 December 2014 (French)pdf
Decree 1308 of 2005 as of 31 December 2014 (French)pdf
Decree 1742 of 2005 as of 31 December 2014 (French)pdf
Ordonance 649 of 2005 as of 31 December 2014 (French)pdf
Public Procurement Code as of 31 December 2014 (French)pdf
Administrative Justice Code as of 31 December 2015 (French)pdf
Decree 1308 of 2005 as of 31 December 2015 (French)pdf
Decree 1742 of 2005 as of 31 December 2015 (French)pdf
Ordonance 649 of 2005 as of 31 December 2015 (French)pdf
Public Procurement Code as of 31 December 2015 (French)pdf
Administrative Justice Code as of 31 December 2016 (French)pdf
Decree 360 of 2016 as at 31 December 2016 (French)pdf
Decree 361 of 2016 as at 31 December 2016 (French)pdf
Ordonnance 899 of 2015 as at 31 December 2016 (French)pdf