EUROPAM

European Public Accountability Mechanisms

France

Country score (EU Average*)
  • 85(72) Political Financing
  • 80(57) Financial Disclosure
  • 57(49) Conflict of Interest
  • 41(59) Freedom of Information
  • 58(63) Public Procurement
  • 69(66) Anti Money Laundering
  • 87(71) Asset Recovery

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

201220152016201720202024Trend
Bans and limits on private income535353444492
Public funding623838383875
Regulations on spending505050505075
Reporting, oversight and sanctions10083838383100

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

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))
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))
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))
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))
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.
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 Yes. See sub-indicators
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 Yes. See sub-indicators
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 No. Absent from legal framework.
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 Yes. See sub-indicators
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? Yes. See sub-indicators
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 

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 Yes. The CNCCFP acts as a specialized auditing agency. Its primary mission is to audit and verify the campaign accounts of candidates and the annual financial statements of political parties. (Article L. 52-14, Code électoral as amended by Ordonnance N° 2015-948 du 31 juillet 2015 et Loi n° 2017-55 du 20 janvier 2017. )
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 Yes. (Article 11.7) mentions that the accounts are also published in the Journal officiel, which serves as the official organ for public disclosure after the reports are received and processed by the Commission. (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);)
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 Yes. Article 11.7 mentions the loss of tax relief benefits for donors and contributors for up to three years as a specific administrative sanction against parties. (Article 11.7, Loi n° 88-227 du 11 mars 1988 relative ŕ la transparence financičre de la vie politique as amended by Article 25, Loi n°2017-1339 du 15 septembre 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

*Last update: 2017


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

201220152016201720202024Trend
Disclosure items242525292986
Filing frequency252525313175
Sanctions0888883
Monitoring and Oversight0661212100
Public access to declarations0126121256

Alternative Metric

201220152016201720202024Trend
Head of State0000082
Ministers666111180
Members of Parliament103934424283
Civil servants231616212175

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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage (adopted 1962, amended 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
Incompatibilities
Gifts received as a public official No. Absent from legal framework. Not explicitly regulated through a dedicated disclosure requirement, but governed indirectly through conflict of interest rules and anti-corruption provisions under the Penal Code and Act No. 2013-907 ( Penal Code and Act No. 2013-907)
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 2020) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2020))
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 2020) Article 23 Act No. 2013-907 of 11 October 2013 on transparency in public life (amended 2020))
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 2020) )
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 2020) )
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 2020) )

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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )

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 2020) )
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 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020) )

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 2020) Article 20 I.1 Acticle No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
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 2020) Article 20 II Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
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 2020) Article 20, Act no. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
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 2020) Article 5.I and 20 I.1 Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020) )

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 2020) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2020) )
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 2020) Article L.O. 135-2 Electoral Code (adopted 1964, amended 2020) )
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 decision) (Article 4.I, Act No. 2013-907 of 11 October 2013 on transparency in public life (adopted 2013, amended 2020))
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))
Incompatibilities
Gifts received as a public official Noț. Absent from legal framework. Not explicitly regulated through a dedicated disclosure requirement, but governed indirectly through conflict of interest rules and anti-corruption provisions under the Penal Code and Act No. 2013-907 ( Penal Code and Act No. 2013-907)
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))

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 2020))
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 2020))
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 2020))

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 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))
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 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))

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 2020))
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 2020))
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 2020))
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 2020))

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 2020))
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 2020))
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 2020) )
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 2020) )
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 2020) )
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 2020) )
Loans and Debts Yes. The declaration of property status covers the following: Liabilities (Article L.O. 135-1.II Electoral Code (adopted 1964, amended 2020) )
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 2020) )
Incompatibilities
Gifts received as a public official Yes. Memebers of the National Assembly shall declare Invitations to sports and cultural events exceeding a value of 150 euros. Members of the Senate shall declare, on acceptance,travel invitations financed by external bodies and, within thirty days of their receipt, gifts, donations and other benefits in kind whose value exceeds 150 euros. (Rule 80-1-2 of National Assembly's rules of procedure 2019 Rule 91 quinquies of the Senate’s rules of procedure 2020)
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 2020) )
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 2020) )
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 2020) )
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 2020) )
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 2020) )

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 2020) )
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 2020) )
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 2020) )

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 2020) )
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020))
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 2020) Article L.O. 135-1, Electoral Code (adopted 1964, amended 2020))

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 2020))
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 2020))
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 2020))
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 2020) Article L.O. 135-2, Electoral Code (adopted 1964, amended 2020))

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 2020))
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))
Incompatibilities
Gifts received as a public official No. Absent from legal framework. Not explicitly regulated through a dedicated disclosure requirement, but governed indirectly through conflict of interest rules and anti-corruption provisions under the Penal Code and Act No. 2013-907
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 2020))
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 2020))
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 2020))
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 2020))
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 2020))

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 2020))
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 2020))
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 2020))

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 2020) 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 2020) Articles 131-26, 131-26-1, 131-27, Penal Code (adopted 1992, amended 2020))

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 2020))
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 2020))
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 2020))
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 2020))

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 2020))
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 2020))
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Legislation

Penal Code_FRA (French)pdf
Electoral Code_FRA (French)pdf
Law No. 62-1292 of 1962_FRA (French)pdf
Law on Transparency in Public Life of 2013_FRA (French)pdf

*Last update: 2017


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

201220152016201720202024Trend
Restrictions202222222345
Sanctions25252542850
Monitoring and Oversight12121212075

Alternative Metric

201220152016201720202024Trend
Head of State033330
Ministers24242436764
Members of Parliament383838491087
Civil servants141414142176

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 No. Absent from legal framework.
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 No. Absent from legal framework.
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 No. Absent from legal framework.
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 No. The President of the Republic is not responsible for acts performed in this capacity, subject to the provisions of Articles 53-2 (jurisdiction of the International Criminal Court) and 68 (The President of the Republic may only be dismissed in the event of a breach of his duties manifestly incompatible with the exercise of his mandate. The dismissal is pronounced by the Parliament constituted in High Court.) of the Constitution. (Constitution of the Republic of France (as of 2020), Art. 67)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. Generally, Members of Government, persons holding a local elective mandate, as well as those charged with a public service mission, exercise their functions with dignity, probity and integrity and take care to prevent or immediately put an end to any conflict of interest. Members of independent administrative authorities and independent public authorities also perform their duties impartially. More specifically, a Minister who considers that he or she is in a situation of conflict of interest shall inform the Prime Minister in writing, specifying the content of the matters in respect of which he or she considers that he or she should not exercise his or her powers. A decree determines, accordingly, the powers that the Prime Minister exercises in the place of the Minister concerned. The latter shall refrain from giving instructions to administrations under his authority or at his disposal, which receive their instructions directly from the Prime Minister. (Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 1 Decree No. 59-178 on the attributions of ministers (as of 2020), Art. 2-1)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. There is no restriction on private firm ownership and/or stock holdings. However, each member of the Government must, within two months of their appointment, personally send to the President of the High Authority for the Transparency of Public Life a comprehensive, accurate and sincere declaration of its patrimonial situation concerning all of their own assets as well as, where applicable, those of the community or undivided assets. These goods are valued on the date of the event giving rise to the declaration as in the matter of free transfer rights. Under the same conditions, each member of the Government sends to the President of the High Authority, as well as to the Prime Minister, a declaration showing the interests held on the date of their appointment and in the five years preceding that date. The same obligation applies in the event of modification of the attributions of a member of the Government. (Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 4)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. The functions of a member of the Government are incompatible with the exercise of any parliamentary mandate, any function of professional representation of a national nature and any public office or any professional activity. (Constitution of the Republic of France (as of 2020), Art. 23)
Post-employment Yes. Former members of the Government were subject in 2020 to a post-employment control by HATVP; when HATVP found incompatibility, the person could not exercise the activity for three years after leaving government office. (Law No. 2013-907 of 11 October 2013 on transparency in public life, Art. 23.)
Simultaneously holding policy-making position and policy-executing position Yes. The functions of a member of the Government are incompatible with the exercise of any parliamentary mandate, any function of professional representation of a national nature and any public office or any professional activity. (Constitution of the Republic of France (as of 2020), Art. 23)
Participating in official decision-making processes that affect private interests Yes. Any situation of interference between a public interest and public or private interests which is likely to influence or appear to influence the independent, impartial and objective exercise of a function is considered a conflict of interest. Persons entrusted with a public service placed under the authority of a hierarchical superior should contact and inform them of the conflict. The latter, following the referral or on their own initiative, entrusts, where appropriate, the preparation or elaboration of the decision to another person under his hierarchical authority. (Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 2 I. (4))
Assisting family or friends in obtaining employment in public sector Yes. A member of the Government may not include among the members of his or her cabinet: 1. his or her spouse, partner (civil partnership) or cohabitant; 2. his or her parents or the parents of his or her spouse, partner or cohabitant; 3. his or her children or the children of his or her spouse, partner or cohabitant. Violation of this prohibition shall entail the unlawfulness of the act of appointment and, where appropriate, the automatic termination of the contract. (Law No. 2017-1339 on confidence in political life (as of 2020), Art. 11)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
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. Members of the Government are criminally responsible for acts accomplished in the exercise of their functions and qualified as crimes or offenses at the time they were committed. They are judged by the Court of Justice of the Republic. The Court of Justice of the Republic is bound by the definition of crimes and misdemeanors as well as by the determination of penalties as they result from the law. The Penal Code stipulates that it is punishable by ten years' imprisonment and a fine of €1,000,000, the amount of which may be increased to twice the proceeds of the offence, if a person holding public authority, entrusted with a public service mission or invested with a public elective mandate, solicits or approves, without right, at any time, directly or indirectly, offers, promises, gifts, presents or advantages of any kind for himself or for others: 1. Either to accomplish or have accomplished, to refrain or have refrained from accomplishing an act of its function, mission or mandate or facilitated by its function, mission or mandate; or 2. for abusing or having abused his real or supposed influence with a view to obtaining from an authority or public administration distinctions, jobs, markets or any other favourable decision. (Constitution of the Republic of France (as of 2020), Art. 68-1 Penal Code, as amended in 2020, Arts. 432-11, 432-13, 435-1 and 435-7)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. HATVP monitors compliance with declaration, conflict-of-interest, and post-employment obligations for persons covered by Arts. 4, 11 and 23. (Law No. 2013-907 of 11 October 2013 on transparency in public life, Art. 20.)
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 ("Haute Autorité pour la transparence de la vie publique") shall order said member to put an end to said situation. The High Authority rules on situations which may constitute a conflict of interest, within the meaning of Article 2, in which the persons referred to in Articles 4 and 11 may find themselves and, where appropriate, requires them to put an end to it under the conditions laid down in Article 10. (Law No. 2013-907 on transparency in public life, as amended in 2019, Arts. 10 and 20)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Each assembly (France and territories overseas), after consultation with the body responsible for parliamentary ethics, shall determine rules designed to prevent and put an end to conflicts of interest between a public interest and private interests in which parliamentarians may find themselves. It shall specify the conditions under which each Member of Parliament or Senator shall ensure the immediate cessation or prevention of situations of conflict of interest in which he or she finds himself or herself or could find himself or herself, after consulting, where appropriate, the body responsible for parliamentary ethics for this purpose. It shall ensure the implementation of these rules under the conditions determined by its Rules of Procedure. (Constitution of the Republic of France (as of 2020), Art. 25 Order No. 58-1100 on the functioning of parliamentary assemblies, as amended in 2020, Art. 4 quater )
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. There are no restrictions concerning ownership. However, the functions of chief executive officer, chairman of the board of directors, chairman and member of the management board, chairman of the supervisory board, managing director, chief executive officer, deputy chief executive officer or manager exercised in companies: 1. which receive grants by the state; 2. only aimed at earning a private profit; 3. active in works and supplies for the state or general public; 4. active in the sale of land or constructions; and 5. where more than half the capital is owned by corporate or private interests are incompatible with the parliamentary function. (Electoral Code, as amended in 2020, Art. LO146 )
Ownership of state-owned enterprises (SOEs) No. There is no restriction to ownership. However, Members of Parliament may not be presidents, board members or directors in national institutions or national companies. (Electoral Code, as amended in 2020, Art. LO145)
Holding government contracts Yes. The functions of company director, chairman of the board of directors, chairman and member of the management board, chairman of the supervisory board, managing director, managing director, deputy managing director or manager exercised in companies or enterprises whose activity consists in the execution of works, the provision of supplies or services intended specifically for, or requiring discretionary authorization from the State, community or a public establishment or a national company or a foreign state are incompatible with the parliamentary mandate. (Electoral Code, as amended in 2020, Art. LO146 (3))
Board member, advisor, or company officer of private firm Yes. The functions of chief executive officer, chairman of the board of directors, chairman and member of the management board, chairman of the supervisory board, managing director, chief executive officer, deputy chief executive officer or manager exercised in companies: 1. which receive grants by the state; 2. only aimed at earning a private profit; 3. active in works and supplies for the state or general public; 4. active in the sale of land or constructions; and 5. where more than half the capital is owned by corporate or private interests are incompatible with the parliamentary function. (Electoral Code, as amended in 2020, Art. LO146 )
Post-employment Yes. The High Authority rules on the compatibility of the exercise of a liberal profession or a remunerated activity within a company, a public establishment or a public interest grouping exercised during the three years preceding the start of such activity. Compatibility opinions may be subject to reservations, the effects of which may be imposed on the person concerned for a maximum period expiring three years after the end of the exercise of governmental functions. Where the High Authority issues a notice of incompatibility, the person concerned may not carry out the planned activity for a period expiring three years after the end of the exercise of governmental functions. (Constitution of the Republic of France (as of 2020), Art. 25 Order No. 58-1100 on the functioning of parliamentary assemblies, as amended in 2020, Art. 23 I. and II.)
Simultaneously holding policy-making position and policy-executing position Yes. The exercise of non-elective public functions is incompatible with the mandate of deputy. Additionally, the mandate of deputy is incompatible with the functions of: 1. mayor, district mayor, delegate mayor and deputy mayor; 2. president and vice-president of a public establishment of inter-municipal cooperation; 3. president and vice-president of the departmental council; 4. president and vice-president of regional council; 5. president and vice-president of a mixed union; 6. president, member of the Corsican executive council and president of the Corsican assembly; 7. executive and legislative positions in overseas territories; 8. president and vice-president of the deliberative body of any other territorial collectivity created by law; 9. President of the Assembly of French Abroad, member of the Bureau of the Assembly of French Abroad and Vice-President of the Consular Council. (Electoral Code, as amended in 2020, Arts. LO141-1 and LO142)
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 Yes. A deputy or senator is prohibited from employing as a parliamentary staff member, within the meaning of Article 8 bis: 1. his or her spouse, partner in a civil partnership or cohabitant; 2. his or her parents or the parents of his or her spouse, partner in a civil partnership or cohabitant; 3. his or her children or the children of his or her spouse, partner in a civil partnership or cohabitant. Violation of this prohibition entails the automatic termination of the contract. This breach does not give rise to any restitution between the parties. The fact that a deputy or senator employs a collaborator in disregard of this prohibition is punishable by three years' imprisonment and a fine of €45,000. (Constitution of the Republic of France (as of 2020), Art. 25 Order No. 58-1100 on the functioning of parliamentary assemblies, as amended in 2020, Art. 8 quater )

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The failure of a person referred to in Articles 4 or 11 of the Law to: 1. file one of the declarations provided for in those same Articles; 2. to declare a substantial part of his/her assets or interests; or 3. to provide a false evaluation of his/her assets shall be punishable by three years' imprisonment and a fine of €45,000. In addition, a ban on civil rights may be imposed, in accordance with the procedures laid down in Articles 131-26 and 131-26-1 of the Criminal Code, as well as a ban on holding public office, in accordance with the procedures laid down in Article 131-27 of the same Code. The failure of a person mentioned in Articles 4, 11 or 23 to comply with the injunctions of the High Authority for Transparency in Public Life or to provide it with the information and documents useful for the performance of its duties is punishable by one year's imprisonment and a fine of €15,000. The act of publishing, except in the cases provided for by this law, or disclosing, in any manner whatsoever, all or part of the statements, information or observations mentioned in Articles LO 135-1 and LO 135-3 of the Electoral Code and in Articles 4, 6 and 11 of this law is punishable by the penalties mentioned in Article 226-1 of the Criminal Code. (Constitution of the Republic of France (as of 2020), Art. 26 Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 26)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Members of Parliament who do not address incompatabilities within 30 days of notification by the Constitutional Council are forced to lay down their mandate. (Electoral Code, as amended in 2020, Art. LO151-2)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The failure of a person referred to in Articles 4 or 11 of the Law to: 1. file one of the declarations provided for in those same Articles; 2. to declare a substantial part of his/her assets or interests; or 3. to provide a false evaluation of his/her assets shall be punishable by three years' imprisonment and a fine of €45,000. In addition, a ban on civil rights may be imposed, in accordance with the procedures laid down in Articles 131-26 and 131-26-1 of the Criminal Code, as well as a ban on holding public office, in accordance with the procedures laid down in Article 131-27 of the same Code. The failure of a person mentioned in Articles 4, 11 or 23 to comply with the injunctions of the High Authority for Transparency in Public Life or to provide it with the information and documents useful for the performance of its duties is punishable by one year's imprisonment and a fine of €15,000. The act of publishing, except in the cases provided for by this law, or disclosing, in any manner whatsoever, all or part of the statements, information or observations mentioned in Articles LO 135-1 and LO 135-3 of the Electoral Code and in Articles 4, 6 and 11 of this law is punishable by the penalties mentioned in Article 226-1 of the Criminal Code. (Constitution of the Republic of France (as of 2020), Art. 26 Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 26)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Each assembly, after consultation with the body responsible for parliamentary ethics, shall determine rules designed to prevent and put an end to conflicts of interest between a public interest and private interests in which parliamentarians may find themselves. (Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 3 Order No. 58-1100 on the functioning of parliamentary assemblies, as amended in 2020, Art. 4 quater)
Enforcement body specified (sanctions, hearings) Yes. The High Authority for Transparency in Public Life ("Haute Autorité pour la transparence de la vie publique") rules on situations which may constitute a conflict of interest, within the meaning of Article 2, in which the persons referred to in Articles 4 and 11 may find themselves and, where appropriate, requires them to put an end to it under the conditions laid down in Article 10. (Law No. 2013-907 on transparency in public life, as amended in 2019, Art. 20)

Civil servants

Restrictions

General restriction on conflict of interest Yes. A civil servant shall ensure that situations of conflict of interest in which he or she finds himself or herself or could find himself or herself immediately cease or are prevented. A conflict of interest is any situation of interference between a public interest and public or private interests which is likely to influence or appear to influence the independent, impartial and objective exercise of his or her functions. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Arts. 2 and 25 bis)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. It is prohibited for a civil servant to: 1. set up or take over an undertaking where the undertaking is registered in the register of commerce and companies or in the trade register or is affiliated to the scheme provided for in Article L. 613-7 of the Social Security Code, if s/he is employed full-time and performs his/her duties on a full-time basis; and 2. set up or take over an undertaking where the undertaking is registered in the register of commerce and companies or in the trade register or is affiliated to the scheme provided for in Article L. 613-7 of the Social Security Code, if s/he is employed full-time and performs his/her duties on a full-time basis; (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 25 septies)
Ownership of state-owned enterprises (SOEs) Yes. It is prohibited for a civil servant to: 1. take or hold, directly or through intermediaries, in an undertaking subject to the control of the administration to which s/he belongs or in relation to the latter, interests likely to compromise his/her independence; and 2. take or hold, directly or through intermediaries, in an undertaking subject to the control of the administration to which s/he belongs or in relation to the latter, interests of such a nature as to compromise his/her independence. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 25 septies)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. It is prohibited for a civil servant to: 1. set up or take over an undertaking where the undertaking is registered in the register of commerce and companies or in the trade register or is affiliated to the scheme provided for in Article L. 613-7 of the Social Security Code, if s/he is employed full-time and performs his/her duties on a full-time basis; 2. set up or take over an undertaking where the undertaking is registered in the register of commerce and companies or in the trade register or is affiliated to the scheme provided for in Article L. 613-7 of the Social Security Code, if s/he is employed full-time and performs his/her duties on a full-time basis; 3. participate in the management bodies of companies or profit-making associations; 4. give consultations, to carry out expert opinions or to plead in court in disputes concerning any public person, where appropriate before a foreign or international court, except where this service is provided for the benefit of a public person not belonging to the competitive sector; 5. take or hold, directly or through intermediaries, in an undertaking subject to the control of the administration to which s/he belongs or in relation to the latter, interests likely to compromise his/her independence; 6. take or hold, directly or through intermediaries, in an undertaking subject to the control of the administration to which s/he belongs or in relation to the latter, interests of such a nature as to compromise his/her independence; 7. combine a permanent full-time job with one or more other permanent full-time jobs. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 25 septies Decree No. 2020-69 relating to ethical controls in the civil service (as of 2020), Art. 16)
Post-employment Yes. A civil servant who temporarily or permanently ceases their duties and intends to engage in private employment, shall inform the appropriate authority in writing at least three months before s/he commences his/her private employment. Any change of activity during a period of three years after leaving the service shall be notified by the servant concerned to his administration before the start of the new activity. (Decree No. 2020-69 relating to ethical controls in the civil service (as of 2020), Art. 18)
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. An official who considers that s/he is in a situation of conflict of interest: 1. when s/he is placed in a hierarchical position, refers the matter to his or her superior; the latter, following the referral or on his or her own initiative, may entrust the handling of the case or the preparation of the decision to another person; 2. where s/he has received a delegation of signature, s/he shall refrain from using it; 3. where s/he is a member of a collegiate body, s/he shall refrain from sitting or, where appropriate, deliberating; 4. when exercising jurisdictional functions, s/he shall be replaced in accordance with the rules specific to his or her jurisdiction; 5. when exercising competences that have been devolved to him/her, s/he shall be replaced by any delegate, to whoms/he shall refrain from giving instructions. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 25 bis)
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. The Penal Code stipulates that it is punishable by ten years' imprisonment and a fine of €1,000,000, the amount of which may be increased to twice the proceeds of the offence, if a person holding public authority, entrusted with a public service mission or invested with a public elective mandate, solicits or approves, without right, at any time, directly or indirectly, offers, promises, gifts, presents or advantages of any kind for himself or for others: 1. Either to accomplish or have accomplished, to refrain or have refrained from accomplishing an act of its function, mission or mandate or facilitated by its function, mission or mandate; or 2. for abusing or having abused his real or supposed influence with a view to obtaining from an authority or public administration distinctions, jobs, markets or any other favourable decision. (Penal Code, as amended in 2020, Arts. 432-11, 432-13, 435-1 and 435-7)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Any misconduct committed by a civil servant in the exercise of or in connection with the performance of his or her duties shall render him or her liable to disciplinary action without prejudice, where appropriate, to the penalties laid down by criminal law. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 29)
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The Penal Code stipulates that it is punishable by ten years' imprisonment and a fine of €1,000,000, the amount of which may be increased to twice the proceeds of the offence, if a person holding public authority, entrusted with a public service mission or invested with a public elective mandate, solicits or approves, without right, at any time, directly or indirectly, offers, promises, gifts, presents or advantages of any kind for himself or for others: 1. Either to accomplish or have accomplished, to refrain or have refrained from accomplishing an act of its function, mission or mandate or facilitated by its function, mission or mandate; or 2. for abusing or having abused his real or supposed influence with a view to obtaining from an authority or public administration distinctions, jobs, markets or any other favourable decision. (Penal Code, as amended in 2020, Arts. 432-11, 432-13, 435-1 and 435-7)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Every civil servant had the right to consult a référent déontologue for advice on ethics and conflict-of-interest obligations. (Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Art. 28 bis; Decree No. 2017-519 of 10 April 2017 on the référent déontologue.)
Enforcement body specified (sanctions, hearings) Yes. As a general rule, disciplinary power rests with the appointing authority. Where the hierarchical authority finds that the official is in a situation of conflict of interests, within the meaning of Article 25 bis, it shall take the necessary measures to put an end to it or shall require the official to put an end to it within a period it shall determine. Where the hierarchical authority does not consider itself able to assess whether the official is in a situation of conflict of interests, it shall forward the declaration of interests of the person concerned to the High Authority for Transparency in Public Life. (Law No. 83-634 on the rights and obligations of civil sevants, as amended in 2020, Art. 19 and 25 ter II.)

Legislation

Constitution of the Republic of France of 1958 (French)pdf
Penal Code (French)pdf
Electoral Code (French)pdf
Law on transparency in public life of 2013 (French)pdf
Law on the rights and obligations of civil servants ("Le Pors Law") of 1983 (French)pdf
Decree relating to ethical controls in the civil service of 2020 (French)pdf
Order on the functioning of parliamentary assemblies of 1958 (French)pdf
Decree on the attributions of ministers of 1959 (French)pdf
Law on confidence in political life of 2017 (French)pdf

*Last update: 2017


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

201220152016201720202024Trend
Scope and Coverage609393939369
Information access and release888888888854
Exceptions and Overrides676767676750
Sanctions for non-compliance1001001001001000
Monitoring and Oversight505050505033

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, 2016, last amended 2021)
"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, 2016, last amended 2021)
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, 2016, last amended 2021)
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, last amaneded 2020)
Judicial branch Yes. Only administrative documents relevant to the judiciary are covered. (Article L300-1 Code of relations between the Administration and the Public, 2016, last amended 2021)
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, 2016, last amended 2021)

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, last amended 2021 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, last amended 2020 Article 1, Civil Code, last amended 2021)
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, last amended 2020 Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2021 Article 48 of the Organic Law on the Finance Laws, 2001, last 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, last amended 2020 Article L300-2 Code of relations between the Administration and the Public, 2016, last amended 2021 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, 2016, last amended 2021)

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, 2016, last amended 2021)
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, 2016, last amended 2021)
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, 2016, last amended 2021)

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, 2016, last amended 2021)
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, last amended 2021 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, last amended 2021 Act No. 78-17 relating to data, files and liberties, 1978, last amended 2020)
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, 2016, last amended 2021 Article 7, Act No. 78-17 relating to data, files and liberties, 1978, last amended 2020 Article 413-9 Criminal Code, last amended 2021)
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, 2016, last amended 2021)
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, 2016, last amended 2021)

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, 2016, last amended 2021)
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, 2016, last amended 2021)
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, 2016, last amended 2021)
Reporting of data and/or implementation is required No. Absent from legal framework

Legislation

Constitution of the Republic of France of 1958_FRA (French)pdf
Code of relations between the public and the administration_FRA (French)pdf
Law No. 58-1100 on the functioning of parliamentary assemblies_FRA (French)pdf
Law No. 2000-321 on the rights of citizens in their relations with the administration_FRA (French)pdf
Civil Code_FRA (French)pdf
Organic Law No. 2001-692 relating to Finance Laws_FRA (French)pdf
Law No. 78-17 relating to data, files and liberties_FRA (French)pdf
Penal Code_FRA (French)pdf

*Last update: 2017


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

201220152016201720202024Trend
Scope7675728591
Information availability1818683132
Evaluation8888815675
Open competition8383757556
Institutional arrangements3636363636

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

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 40,000. Supply contracts < EUR 40,000 excl. taxes are eligible for direct award. From EUR 40,000 to EU thresholds, authorities use “procédure adaptée” (flexible), above which full formalized rules under EU law are required (notice, TED, strict criteria). (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2122-8, R2123-1, R2124-1)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 40,000. Works contracts for less than EUR 40k may be directly awarded without advertising. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2122-8, R2123-1)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 40,000. For services, EUR 40,000 is the lower limit for direct award. Above that and until the EU notification threshold (EUR 143,000 (central government) / EUR 221,000 (sub-central authorities)), a flexible “procédure adaptée” is mandatory. Over the EU threshold, a formalized open/restricted/negotiated procedure and TED notice are required. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2122-8, R2123-1)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 40,000. For all “collectivités publiques,” the direct award threshold applies up to EUR 40,000, with total contract amounts and “lots” regulated. Above this threshold, formal processes by value/sector kick in. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2122-8, R2123-1)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 40,000. Utilities (e.g., water/energy/transport) operate at the same lower direct award threshold of EUR 40,000; over that, “procédure adaptée,” above EU thresholds, full utility procurement rules apply. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R3126-1, Annex 2)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 40,000. Defense/security contracts are also subject to a EUR 40,000 direct award threshold and then follow specialized/“procédure adaptée” and formal procedures above EU defense thresholds (€443,000 for goods/services, €5,538,000 works in force at end-2024). (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2122-8, R2123-1, R2124-1, L2123-1)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 40,000. Repeats Q3: All goods/supplies contracts are covered by the general EUR 40,000 direct award rule. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2122-8)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 40,000. See Q4: Works contracts below EUR 40k may be directly awarded per core code; over that and up to formal thresholds, flexible procedures. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2122-8)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 40,000. As in Q5: EUR 40,000 applies for all service procedures/entities. Higher-level details in code Annex 2 for special sectors. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2122-8)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. All non-confidential contract/tender documents (including scoring, model contracts, technical clauses) must be accessible from the publication date, online, and updated with all clarifications or amendments. Contract must remain published during the execution period. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2132-1 to R2132-4, R2332-2)
Are any of these documents published online at a central place? Yes. Obligatory: all procedures above EUR 40k published in the Plateforme des Achats de l’Etat, buyer profile sites, national Official Bulletin (BOAMP), and TED for relevant thresholds. Free, centralized online access. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2132-1 to R2132-4, R2132-12)
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. All procedural documents, scoring, communications, and contracts must be retained by the contracting authority for inspection by auditors or upon request by courts/EU. The law prescribes the type and length of archiving. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2184-1 to R2184-13)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. Only the award of a framework agreement itself must be published; mini-contracts (call-offs) under frameworks do not require separate publication except for certain utilities concessions or where expressly provided in the contract. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2183-3)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no general requirement to publish the names of all subcontractors for every contract. If a candidate relies on the capacity of a subcontractor to meet technical or financial criteria, their details must be included in the initial submission and evaluation, but not systematically published. Publication can be required under certain concessions, utilities, or specific contract clauses. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2151-13, R2193-3)
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. There is no minimum percentage threshold: as soon as a subcontractor’s capacity is relied upon for qualification, their information must be declared. This applies whatever portion of the contract is subcontracted. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2151-13)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Technical documents must not indicate a make, brand, or specific origin unless justified by the subject-matter; in such cases, “or equivalent” must always be used. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2111-7)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No legal preference for SMEs. However, authorities must state in procurement files if they have not divided the contract into lots and justify their choice, to facilitate SME access. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article L2113-10)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Contracting authorities must not grant a preference to French or local suppliers. Any competitive restriction based on location or nationality is prohibited. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article L3-1)
Is there a specific set of rules for green/sustainable procurement? Yes. Environmental factors, such as life-cycle cost, energy/resource use, and social or circular aspects, may legally be used as award or performance criteria. Some green criteria are mandatory for certain central categories (e.g., vehicle fleets, IT). (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles L2112-2, R2152-7, R2152-10)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Grounds for exclusion include criminal convictions (corruption, fraud, terrorism), bankruptcy, tax/social security debts, serious professional misconduct, prohibited agreements, false information, abnormally low price, and conflict of interest. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles L2141-1 to L2141-11, R2141-1 to R2141-31)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Automatic exclusion applies for bidders convicted of listed offences, bankruptcy, or providing false information. Abnormally low prices must be justified or are excluded if unjustified. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles L2141-1 to L2141-3, R2152-6)
Is scoring criteria published? Yes. All scoring, weightings, and any variants must be made public to all bidders via notice or tender documentation before the deadline for submission. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2152-7)
Are decisions always made by a committee? No. No general obligation: only contracts over a certain threshold or complexity require a formal evaluation committee; otherwise, the authority decides on the evaluator(s) according to internal procedure. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2181-1)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. All persons involved in evaluation must declare the absence of any conflict of interest before participation; conflict is broadly defined to include any direct or indirect interest in candidates. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article L2141-10, R2181-2)
Is some part of evaluation committee mandatorily independent of contracting authority? No. Except for certain design contests and competition juries, there is no requirement that evaluation committees be independent from the contracting authority; members may be internal or external but are designated by the authority as it sees fit. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2181-1)
Are scoring results publicly available? No. Scoring results for all unsuccessful bids are communicated directly to each respective bidder upon request but are not automatically made public. The names and scores of the awardee may be released. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2181-3, R2181-4)
Does the law specify under which conditions the tender can be cancelled? Yes. The Code allows cancellation on restricted grounds: absence of admissible or affordable bids, material change of contract circumstances, legal irregularity, or force majeure; the authority must notify all bidders and record the reason in the procurement file. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2185-1)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Publication of restricted procedure calls follows the same legal obligation as open procedures: official web platforms, buyer profiles, and (as applicable) TED/OJEU. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2132-3, R2132-4)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Negotiated procedure calls, where publication is not waived by law, must also be published centrally and (for large contracts) at the EU level, following open/restricted criteria as closely as possible in law. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2123-1, R2132-3)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The contracts awarded according to an adapted procedure by the State, its public establishments other than of an industrial and commercial nature, the local authorities, their public establishments and their groups, are the object of publicity under the following conditions: 1. When the estimated value of the requirement is less than 90,000 EUR (excluding tax), the advertising methods are freely adapted according to the characteristics of the contract, in particular its amount and the nature of the works, supplies or services in question; 2. When the estimated value of the requirement is equal to or greater than 90,000 EUR (excluding tax) and below the formalized procedure thresholds (EU thresholds), a contract notice is published either in the Official Bulletin of Public Procurement Announcements or in a newspaper authorized to receive legal announcements. The contracting authority assesses whether, taking into account the nature or amount of the works, supplies or services in question, publication in a specialist journal corresponding to the economic sector concerned or in the Official Journal of the European Union is also necessary to guarantee the information of reasonably vigilant economic operators who may be interested in the market. Other entities aside from the State and local authorities may choose the means of publishing freely. Above EU thresholds (formalised procedure), notices must be published on the OJEU (TED). (Code of Public Procurement of 2018, as amended, Arts. R2131-12, R2131-13, R2131-16 and R2131-17.)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. At least five bids must be solicited in restricted procedures when the number of capable candidates allows; if fewer than five responses, the procedure can still proceed if the authority genuinely invited at least five candidates. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2142-8)
What is the minimum number of bidders for negotiated procedures? 3. No fewer than three candidates must be invited to negotiate in negotiated procedures, assuming sufficient eligible bidders apply; exceptions exist for urgent, technical, or security procurements. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2142-8, R2151-13)
What is the minimum number of bidders for competitive dialogue procedures? 3. Same minimum (three) for competitive dialogue procedures as for negotiated ones, subject to available candidates after preselection. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2161-15)

Bidding period length

What are the minimum number of days for open procedures? 15. The statutory minimum for bid submission in open, restricted, and negotiated procedures is now 15 days (may be extended for complex or high-value procurements, or to allow site visits). EU-funded/special contracts may require 30+ days. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2161-1 to R2161-4)
What are the minimum number of days for restricted procedures? 15. The minimum submission deadline for restricted and negotiated procedures has been harmonized at 15 days (some exceptions for design contests and utilities). (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2161-7, R2161-8)
What are the minimum number of days  for competitive negotiated procedures? 15. 15 days (minimum statutory requirement) for negotiated and competitive dialogue procedures; exception for urgency exists. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2161-12)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The Code specifies main exclusions: defense/security, R&D (if not exclusively for public use), broadcasting/real property/finance/loan agreements, arbitration/legal services, intra-group or in-house contracts, and international treaties. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles L2511-1, L2512-1)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The authorities subject to the Public Procurement Code are the contracting authorities and contracting entities. The contracting authorities are: 1. Legal persons governed by public law; 2. Legal entities governed by private law which have been created to specifically meet needs in the general interest not having an industrial or commercial character, of which either: a) the activity is mainly financed by a contracting authority; b) management is subject to control by a contracting authority; c) the administrative, management or supervisory body is made up of members, more than half of whom are appointed by a contracting authority; 3. Private law bodies with legal personality set up by contracting authorities with a view to carrying out certain activities jointly. The contracting entities are: 1. Contracting authorities which exercise one of the network operator activities defined in Articles L. 1212-3 and L. 1212-4; 2. When they are not contracting authorities, public enterprises which exercise one of the network operator activities defined in Articles L. 1212-3 and L. 1212-4; 3. When they are not contracting authorities or public undertakings, bodies governed by private law which benefit, by virtue of a legally adopted provision, from special or exclusive rights having the effect of reserving them the exercise of these activities and substantially affect the ability of other economic operators to exercise it. Exclusive rights granted at the end of a procedure ensuring that objective, proportional and non-discriminatory criteria are taken into account are not considered as special or exclusive rights. (Code of Public Procurement of 2018, as amended, Arts. L1210-1, L1211-1, L1212-1, L1212-2, L1212-3 and L1212-4)
Does the law specify the main procedure types or procurement methods permitted? Yes. CCP recognizes open, restricted, negotiated procedures, competitive dialogue, innovation partnership, simplified “procédure adaptée,” direct award (below EUR 40k), and specific procedures for concessions and design contests; all aligned with EU Directives. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles L2123-1 to L2125-1)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Signing of a contract is suspended (“standstill period”) during a litigation before the administrative court, until the court rules or declares the grievance unfounded according to “référé précontractuel.” Exceptions exist for urgent contracts and national security. (Code of Administrative Justice, as in force Dec. 2024, Article L551-1)
Is there a procurement regulatory body dedicated to public procurement? No. No specialized regulatory procurement authority exists in France: the Ministry of Economy, Direction des Affaires Juridiques, and regional/state auditors publish guidance and manage the system; law and justice codes prevail. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, preliminary articles)
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)? Yes. All judgments/decisions of the administrative court are published (anonymized as needed) and available online/on the Legifrance public database platform. (Code of Administrative Justice, as in force Dec. 2024, Article R751-7; Legifrance)
Is disclosure of final, beneficial owners required for placing a bid? No. See Q54; there is no universal statutory requirement for beneficial owner disclosure in public procurement. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Article R2141-1)

Complaints

Is there a fee for arbitration procedure? Yes. See Q55 above: fixed state fee applies for each review/litigation; administrative court scale. (Code of Administrative Justice, as in force Dec. 2024, Article R. 761-1)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. See Q56: A standstill period is mandatory until the administrative court has ruled on the complaint or interim measures are lifted. (Code of Administrative Justice, as in force Dec. 2024, Article L551-1)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? Yes. See Q58: All court decisions/judgments relating to public procurement disputes are automatically published in national legal databases and are publically accessible. (Code of Administrative Justice, as in force Dec. 2024, Article R751-7)
Is there a requirement to publicly release arbitration court decisions ? Yes. The award, contract, scoring (upon request), and all litigation must be published or made available to the public on Legifrance and procurement portals, save for legal confidentiality or national security restrictions. (Code de la commande publique (Public Procurement Code) 2018, as in force Dec. 2024, Articles R2196-1, R2132-1; Code of Administrative Justice, Article R751-7)

Legislation

Code de la commande publique (French)pdf
Code de justice administrative (French)pdf

*Last update: 2017


Anti Money Laundering


Quantitative Data

Primary Metric

201220152016201720202024Trend
Risk-based approach67
Sanctions for natural persons86
Sanctions for legal persons50
Pecuniary sanctions for obliged entities60
Beneficial ownership of legal persons and legal arrangements62
Supervision of obliged entities100
Financial Intelligence Units (FIUs)83
Mutual legal assistance (MLA) and International Cooperation100

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 ()

Country score

Risk-based approach

Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. Yes. France is legally required to prepare a national risk assessment identifying, assessing, understanding and mitigating ML/TF risks. (Code monétaire et financier (2000), art. D.561-51, 4°)
Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. No. The national risk assessment must be kept updated regularly, but no four-year review cycle is expressly set in the cited binding provision. (Code monétaire et financier (2000), art. D.561-51, 4°)
Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. Yes. France legally designates a coordination mechanism through the Conseil d’orientation de la lutte contre le blanchiment de capitaux et le financement du terrorisme. (Code monétaire et financier (2000), arts. D.561-51 and D.561-52)

Sanctions for natural persons

The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; Yes. Conversion, transfer and placement of criminal proceeds are expressly criminalised as money laundering. (Code pénal (1992), art. 324-1)
The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; Yes. Concealment, disguise and placement of criminal proceeds are expressly criminalised as money laundering. (Code pénal (1992), art. 324-1)
The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. No. French money-laundering provisions do not expressly criminalise acquisition, possession or use as laundering; analogous conduct is addressed under the separate offence of recel. (Code pénal (1992), arts. 321-1 and 324-1)
Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. Yes. Complicity and incitement are punishable under the general rules on complicity, and attempt is expressly punishable for laundering offences. (Code pénal (1992), arts. 121-6, 121-7 and 324-6)
Money laundering offences are punishable by a maximum term of imprisonment of at least four years. Yes. Basic laundering is punishable by up to five years’ imprisonment, and aggravated laundering by up to ten years. (Code pénal (1992), arts. 324-1 and 324-2)
A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences Yes. French law treats money laundering as an autonomous offence. The Cour de cassation has held that laundering may be prosecuted even without prior or simultaneous proceedings for the predicate offence, so a prior conviction is not a prerequisite. (Code pénal (1992), art. 324-1; Cour de cassation, crim., 9 Dec. 2020, n° 19-87.076)
A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; Yes. France substantively satisfies this indicator. Article 324-1-1 permits conviction based on the circumstances of the laundering operation, and the Cour de cassation has stated that it is not necessary to establish the predicate activity precisely, identify its perpetrator, or show prior or simultaneous proceedings. (Code pénal (1992), art. 324-1-1; Cour de cassation, crim., 9 Dec. 2020, n° 19-87.076)

Sanctions for legal persons

Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. No. French law does not clearly provide legal-person liability for breaches of the cited EU AML regulations in the terms of the indicator; the criminal regime cited concerns laundering offences, not regulatory breaches. (Code pénal (1992), arts. 121-2 and 324-9)
Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. No. No cited binding French provision establishes legal-person liability for laundering offences on the specific basis that lack of supervision or control enabled the offence by a subordinate. (Code pénal (1992), art. 121-2)
Legal persons held liable are punishable by criminal or non-criminal fines. Yes. Legal persons held criminally liable for laundering offences are punishable by fines. (Code pénal (1992), arts. 324-9 and 131-38)
Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. Yes. Legal persons held criminally liable are also subject to additional sanctions, including bans on activities, judicial supervision, closure and dissolution in the cases provided by law. (Code pénal (1992), arts. 324-9 and 131-39)

Pecuniary sanctions for obliged entities

In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. Yes. French supervisory law allows sanctions against the entity and also against responsible senior managers and other natural persons personally involved in the breach. (Code monétaire et financier (2000), arts. L.561-36-1, IV-VI and L.561-36-3, I)
Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). Yes. French law provides sanctions for breaches of national AML/CFT obligations and directly applicable EU AML rules. Under the methodology, sanctions for breach of the national framework implementing or applying EU AML rules are sufficient. (Code monétaire et financier (2000), arts. L.561-36-1, II and IV, and L.561-36-3, I)
Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. Yes. Supervisors may impose injunctions and other administrative measures for breaches and for serious deficiencies in AML/CFT systems and controls. (Code monétaire et financier (2000), arts. L.561-36-1, III and L.561-36-3, I)
Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. No. French law contains astreinte provisions in some supervisory contexts, but no cited binding rule clearly establishes the indicator’s general regime of periodic penalty payments for failure to comply with administrative measures. (Code monétaire et financier (2000), art. L.561-36-1, V)
Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. No. Publication is required, but the cited rule does not clearly require website publication in an accessible format of all decisions imposing sanctions, administrative measures or periodic penalty payments in the terms of the indicator. (Code monétaire et financier (2000), art. L.561-36-3, III)

Beneficial ownership of legal persons and legal arrangements

Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Yes. France provides a central register for companies and similar entities and a separate register for trusts under the budget ministry. (Code monétaire et financier (2000), art. L.561-46; Code général des impôts (1950), art. 1649 AB)
Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. No. French law allows requests for supporting documents in limited cases, but it does not clearly give the register holder a general power to demand any information from entities, trustees, legal owners and beneficial owners, including board minutes or similar records. (Code de commerce (1807), art. R.123-292; Code monétaire et financier (2000), art. L.561-46-1)
Where no person is identified as the beneficial owner, the central register shall include: (a) a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification (b) the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the following information: all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number No. The register filing rules require identification data for declared beneficial owners, but they do not expressly require a statement that no beneficial owner could be identified together with the full senior managing official data listed in the indicator. (Code monétaire et financier (2000), art. R.561-56)
Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. No. French law contains verification rules for certain registers, but it does not clearly impose a general duty on the central-register entity to verify all beneficial ownership submissions on filing and regularly thereafter. (Code monétaire et financier (2000), art. L.561-46-1)
Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. Yes. Obliged entities and competent authorities acting within their normal controls must report discrepancies they find in beneficial ownership information to the commercial court clerk. (Code monétaire et financier (2000), art. L.561-47-1)
The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. Yes. Registered entities must file an amending registration within 30 days of any fact or act requiring rectification or completion of the declared beneficial ownership information. (Code monétaire et financier (2000), art. R.561-55)
The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. No. The cited French provisions provide for document checks and correction mechanisms, but no clear express power for the register holder to conduct on-site inspections at the entity’s premises to verify beneficial ownership. (Code de commerce (1807), art. R.123-292; Code monétaire et financier (2000), arts. L.561-46-1 and L.561-48)
Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. No. Absent from legal framework
The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. Yes. France provides coercive and punitive measures for failures to file or correct beneficial ownership information, including injunctions, deregistration and criminal penalties for inaccurate or incomplete filings. (Code monétaire et financier (2000), arts. L.561-47, L.561-47-1, L.561-48 and L.561-49)
Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. Yes. Competent authorities have free, immediate and direct access without restriction, and the list expressly includes tax authorities, restrictive-measures authorities, EPPO, OLAF, Europol, Eurojust and AMLA. (Code monétaire et financier (2000), art. L.561-46, 3°)
Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. Yes. Obliged entities have access to beneficial ownership information free of charge. That is at least as favorable as a capped-fee regime and therefore satisfies the indicator in substance. (Code monétaire et financier (2000), art. L.561-46, 4°; art. L.561-46-2)
Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned: the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. No. France grants legitimate-interest access for sociétés and entités, but the cited provision does not clearly extend that access to trusts or similar legal arrangements. (Code monétaire et financier (2000), art. L.561-46-2)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. Persons acting for journalism, reporting or other media expression connected with preventing or combating money laundering or terrorist financing are presumed to have a legitimate interest. (Code monétaire et financier (2000), art. L.561-46-2, I, 1°)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. Non-profit organisations and academic researchers linked to preventing or combating corruption, money laundering or terrorist financing are presumed to have a legitimate interest. (Code monétaire et financier (2000), art. L.561-46-2, I, 2°)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; Yes. Persons likely to enter into a business relationship with a third-party company or entity and seeking to prevent ML/TF risk are presumed to have a legitimate interest. (Code monétaire et financier (2000), art. L.561-46-2, I, 3°)
The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; Yes. Public buyers and conceding authorities in public procurement are presumed to have a legitimate interest regarding bidders, including the selected bidder. (Code monétaire et financier (2000), art. L.561-46-2, I, 8°)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; Yes. Where a beneficial owner asks who consulted the data, the register holder discloses only the profession of a journalist or media requester and not that person’s identity. (Code monétaire et financier (2000), art. L.561-46-2, III)
Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. Yes. Where a beneficial owner asks who consulted the data, the register holder discloses only the profession of a requester in the NGO/research category and not that person’s identity. (Code monétaire et financier (2000), art. L.561-46-2, III)
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. No. Absent from legal framework
Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. Yes. France substantively satisfies this indicator because access depends on demonstrating a legitimate interest, which operates as a ground for refusal where it is not established. Under the methodology, one operative refusal ground is enough. (Code monétaire et financier (2000), art. L.561-46-2)
In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. No. Absent from legal framework

Supervision of obliged entities

Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. Yes. France subjects obliged entities to AML/CFT supervision through designated competent authorities with control and sanction powers over the categories listed in Article L.561-2. (Code monétaire et financier (2000), arts. L.561-36, L.561-36-1 and L.561-36-2)

Financial Intelligence Units (FIUs)

Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. Yes. French law establishes a national financial intelligence unit for the AML/CFT functions set out in the Code. (Code monétaire et financier (2000), art. L.561-23, I)
The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. Yes. TRACFIN receives suspicious transaction reports and other listed information and analyses and exploits that information for AML/CFT purposes. (Code monétaire et financier (2000), art. L.561-23, II-III)
The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. Yes. Where its investigations reveal facts that may constitute money laundering or terrorist financing, TRACFIN must refer the matter to the public prosecutor by information note. (Code monétaire et financier (2000), art. L.561-30-1)
The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. No. French law establishes TRACFIN and defines its organisation and powers, but it does not clearly state in binding terms that the FIU is operationally independent and autonomous or free from undue political, government or industry influence. (Code monétaire et financier (2000), art. L.561-23; art. D.561-34)
The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. Yes. TRACFIN may obtain documents and data from obliged entities and multiple other private actors, and it has direct access to tax files and criminal-procedure data while judicial, financial and intelligence authorities may also send it information. (Code monétaire et financier (2000), arts. L.561-25 and L.561-27)
FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. Yes. TRACFIN may oppose execution of a transaction and thereby delay it for ten working days, with possible judicial extension or provisional freezing. (Code monétaire et financier (2000), art. L.561-24)

Mutual legal assistance (MLA) and International Cooperation

Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. Yes. When handling requests or information from foreign FIUs, TRACFIN must process them promptly using the powers and prerogatives it normally uses domestically. (Code monétaire et financier (2000), art. L.561-29)
Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. Yes. French law authorises TRACFIN to exchange relevant information with foreign FIUs spontaneously or on request, even where the underlying predicate offence has not yet been identified. (Code monétaire et financier (2000), art. L.561-29-1, I)

Legislation

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

*Last update: 2017


Asset Recovery


Quantitative Data

Primary Metric

201220152016201720202024Trend
Asset Offices100
Confiscation89
International cooperation75

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 ()

Country score

Asset Offices

Each Member State shall legally designate at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations and to conduct asset recovery functions in both criminal matters and civil or administrative matters. Yes. France (Code of Criminal Procedure, Articles 230-40 to 230-44.)
Each Member State shall legally designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order. Yes. The Agency for the Management and Recovery of Seized and Confiscated Assets (AGRASC) is legally mandated to manage, (Code of Criminal Procedure, Articles 706-160 to 706-161-3.)

Confiscation

Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property. The freezing measures shall consist of freezing orders and immediate action. (Freezing measures) Yes. French criminal procedure provides for a wide range of criminal seizures (including movable, immovable and bank account seizures) (Code of Criminal Procedure, Articles 706-141 to 706-148; Law No. 2024-582 of 24 June 2024)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Conviction based confiscation) Yes. The Criminal Code (Criminal Code, Article 131-21, paragraphs 2–4.)
Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. (Confiscation of equivalent value) Yes. Confiscation may be ordered in value: the court can order confiscation of a sum corresponding to the value of the proceeds or object of the offence, (Criminal Code, Article 131-21, paragraphs 9–10.)
Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person. (Third-party confiscation) Yes. Confiscation extends to property that is the object or the direct or indirect proceeds of the offence, subject to the rights of bona fide owners, (Criminal Code, Article 131-21, paragraphs 3–4.)
Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct. (Extended confiscation) Yes. For certain offences, especially organised crime and serious profit-generating offences, the court may order confiscation of all or part of the convicted person’s property, (Criminal Code, Article 131-21, paragraphs 5–7.)
Member States shall take the necessary measures to enable the confiscation of instrumentalities, proceeds or property, or proceeds or property transferred to third parties, where criminal proceedings have been initiated but could not be continued because of illness, absconding, or death of the accused or the limitation period of the offence is below 15 years and has expired. (Non-conviction based confiscation) Yes. Confiscation may be ordered in some cases independently of conviction, for example for dangerous objects or items whose possession is unlawful, and seized property may be retained and transferred to the State (Criminal Code, Article 131-21, paragraph 1; Code of Criminal Procedure, Articles 41-4 and 99-2.)
Confiscation without a prior conviction shall be limited to cases where, in the absence of the circumstances above, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question. (Non-conviction based confiscation) Yes. Procedural rules allow courts, in certain situations, to order non‑return and transfer to the State of seized property even without a conviction, (Code of Criminal Procedure, Articles 41-4 and 99-2.)
Member States shall take the necessary measures to enable the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is (i) derived from criminal conduct committed within the framework of a criminal organisation and (ii) that conduct is liable to give rise, directly or indirectly, to substantial economic benefit. A ‘criminal offence’ in this case is punishable by deprivation of liberty of a maximum of at least four years. (Confiscation of unexplained wealth) Yes. Extended confiscation for certain offences allows confiscation of assets whose lawful origin cannot be demonstrated by the convicted person, (Criminal Code, Article 131-21, paragraphs 5–7.)
Member States are legally required to adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years. (Deadline of 24 May 2027) No. French law reinforces seizure and confiscation mechanisms, notably with the Law of 24 June 2024, but does not yet provide for a dedicated national asset recovery strategy with a five‑year (Law No. 2024-582 of 24 June 2024; Criminal Code and Code of Criminal Procedure (no specific asset recovery strategy article).)

International cooperation

To facilitate cross-border cooperation, Member States shall legally require measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters. Yes. The Code of Criminal Procedure regulates mutual legal assistance, including execution of freezing and confiscation decisions, (Code of Criminal Procedure, Articles 694-10 to 694-32.)
Member States shall legally require the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks of the asset recovery office requesting that information Yes. The French asset recovery office function and AGRASC cooperate with other EU (Code of Criminal Procedure, Articles 230-40 to 230-44; Articles 706-160 et seq. (AGRASC).)
Member States may legally allow for cost-sharing agreements with other Member States on the execution of freezing and confiscation orders. No. The French mutual legal assistance framework for confiscation does not, as of 31.12.2024, include a general statutory provision on cost‑sharing (Code of Criminal Procedure, Articles 694-10 et seq. (no general cost‑sharing clause).)
Countries should be able to share confiscated property with other countries, in particular when confiscation is directly or indirectly a result of co-ordinated law enforcement actions Yes. France may share confiscated assets with foreign states in accordance with ratified conventions and national provisions implementing international asset‑sharing (Code of Criminal Procedure, Articles 694-34 et seq. (implementation of Council of Europe conventions on sharing confiscated assets).)

Legislation

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

*Last update: 2017