EUROPAM

European Public Accountability Mechanisms

France

Country score (European Average*)
  • 85(67) Political Financing
  • 83(50) Financial Disclosure
  • 72(41) Conflict of Interest
  • 41(56) Freedom of Information
  • 77(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)40,470
Population, total66,808,385
Urban population (% of total)79.5
Internet users (per 100 people)83.8
Life expectancy at birth (years)82.3
Mean years of schooling (years)11.1
Global Competitiveness Index5.1
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Financial Transparency in Political Life (1988, amended in 2011 and in 2013) and the Electoral Code 2015 are the main laws regulating the financing of political parties in France. The amending provisions between 2011 and 2015 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

201220152016Trend
Bans and limits on private income929292
Public funding757575
Regulations on spending757575
Reporting, oversight and sanctions83100100

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


Qualitative Data

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

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. No funding association or any financial agent of a political party can not 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 2015))
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 2015))

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Legal persons with the exception of political parties or groups can not contribute to the financing of political parties or groups or grant donations in any form whatsoever, to their funding associations or their financial agents nor provide the, goods, services or other direct or indirect benefits at prices below those usually practiced. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
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 2015))
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 2015))
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 2015))
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 2015))
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 2015))

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. All donations from legal entities banned (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
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 2015))

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. No direct ban, but de facto ban through requirement to record or report identity of donor - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
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 2015))

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Ban on donations and privileged treatment from all legal entities (implicit ban) (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
Is there a ban on any other form of donation? No. Absent from legal framework.

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. EUR 7500 per year - The donations and the contributions made in quality to adhere to one or more political parties by a physical person duly identified to one or several associations approved in quality of association of funding or to one or more financial agents of one or several political parties may not annually exceed EUR 7 500. (Article 11.4, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
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 2015))
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 2015))

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Different categories; the minimum criteria is for the party's candidates to win at least 1% of the vote in at least 50 constituencies. (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Part of the funding is proportional to votes gained in the preceding Parliamentary election, part in proportion to Parliamentarians declaring each year that they belong to a political party (candidates can receive campaign spending reimbursement) (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
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. Part of the funding is proportional to votes gained in the preceding Parliamentary election, part in proportion to Parliamentarians declaring each year that they belong to a political party (candidates can receive campaign spending reimbursement) (Article 9, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

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

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

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. I. - The parties and groups can use the antennas of the public service broadcasting and television for their campaign for the legislative elections. Each program is broadcast by the national television companies and sound broadcasting . This duration is divided into two equal sets, one being assigned to groups who belong to the majority, the other to those who do not belong to him. (Article L167.1, I& II, Electoral Code (1964,amended 2015))
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 2015))
Are there provisions for free or subsidized access to media for candidates? Yes. P 7, "equity of coverage is determined on the basis of past electoral results and the ability of contestants to generate public debate in the pre-‌electoral period.‌ Based on a CSA resolution, coverage of election-‌related issues pertaining to a specific constituency should be equitable for all contestants in this constituency, while election-‌related coverage beyond a particular constituency should apply the same principle to all contestants nationwide.‌" (OSCE/​ODIHR Needs Assessment Mission Report, 10-​11 May 2012, Republic of France Parliamentary Elections, 10 and 17 June 2012)

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

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief Yes. If the commission finds a breach of the obligations provided for in this article, the political party or group loses the right, for the following year, to the benefit of the provisions of articles 8 to 10 of this act and the donations and contributions to his benefit cannot, starting from the following year, open right to the tax reduction provided to 3 of article 200 of the general tax code. Article L41 As well as it is said in article 1131 of the general tax code the acts, decisions and records relating to procedures in the field of elections are to be exempt from the stamp duty, registration and the law of costs of justice enacted by section 698 of the said code. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015); Article L41, Electoral Code (1964,amended 2015) )
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. It shall be repaid to the candidates having obtained at least 5 per cent of the votes cast the cost of paper, printing of ballots, posters, circulars and the display fee. 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 2015))
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 2015))
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 2015))
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 2015))
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 2015))

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Parties are requires to keep yearly accounts. (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015); )
Do political parties have to report on their finances in relation to election campaigns? Yes. No later than 18 hours 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 2015))
Do candidates have to report on their campaign finances? Yes. No later than 18 hours 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 2015))
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 2015); )
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 2015))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution Yes. National Commission for Campaign Accounts and Political Funding (Article 11.7, Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988,amended 2015); Article L52-14, Electoral Code (1964,amended 2015);)
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework.

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. The Commission Nationale des Comptes De Campagne et Des Financements Politiques (CNCCFP) (translated to National Commission for Campaign Accounts and Political Funding) refers cases of possible irregularities to the public prosecutor, police or tax authorities for further investigation. (Article L52-14, Electoral Code (1964,amended 2015);)
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 2015); Article L52-14, Electoral Code (1964,amended 2015);)
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 2015); Article L52-14, Electoral Code (1964,amended 2015);)
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 3500 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 2015))
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 2015); )
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 3500 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 2015))
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 2015); )
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 Article 131-26, Criminal Code)
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 Article 131-26, Criminal Code)
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2016


Legislation

Law no. 88-227, of March 11, 1988 on financial transparency in political life (1988, consolidated version as of 31 December 2015) (French)pdf
Electoral Code (1964) (French)pdf

Financial Disclosure

The French Electoral Code (1964, consolidated version as of January 18, 2015) 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, altered by the Constitutional Council Decision No. 2013-676 DC, October 9, 2013) lays down the exact same disclosure requirements for Ministers and 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 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

201220152016Trend
Disclosure items338989
Filing frequency697575
Sanctions338383
Monitoring and Oversight94100100
Public access to declarations196969

Alternative Metric

201220152016Trend
Head of State608383
Ministers428181
Members of Parliament558888
Civil servants428181

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, 1962, consolidated 2013 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 -Other property; (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 - Other property (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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, Electoral Code of 1964, consolidated 2015)
Loans and Debts Yes. - The declaration of property status covers the following: -Securities; -The life assurance; -The current accounts or savings passbooks and other savings products; -Other property; (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
Income from outside employment/assets Yes. The declaration of property status covers the following: -Business or clientele and charges and offices; -Other property; - 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, 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 of 1964, consolidated 2015 Art. 23 Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Art. 87 Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015)
Incompatibilities
Gifts received as a public official Yes. The declaration of property status includes a summary of all income received by the member of the Government and, where appropriate, by the community since the beginning of the duties of a member of the Government. (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 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 of 1964, consolidated 2015 Art. 23 Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Art. 87 Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015)
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 of 1964, consolidated 2015 Art. 23 Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Art. 87 Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015)
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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)

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 3, Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage, 1962, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
Filing required upon leaving office Yes. An official has to submit a declaration of assets to the High Autority one month before the end of the mandate, or one months after, 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, 1962, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 L.O. 135-1, Electoral Code of 1964, consolidated 2015)

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 of 1964, consolidated 2015)
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, 1992, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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, 1992, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)

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, 2013)
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. 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 20, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, 2013)
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 20, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Article L.O. 135-2, Electoral Code of 1964, consolidated 2015)

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, 1962, consolidated 2013 Article L.O. 135-2, Electoral Code of 1964, consolidated 2015)
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, 1962, consolidated 2013 Article L.O. 135-2, Electoral Code of 1964, consolidated 2015)
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. (this refers also to the civil servants by Article 11 of the Law no 2013-907 ) Children are not included. (Constitutional Council decission) (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015; Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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 -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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 - Other property (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Loans and Debts Yes. - The declaration of property status covers the following: -Securities; -The life assurance; -The current accounts or savings passbooks and other savings products; -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Income from outside employment/assets Yes. The declaration of property status covers the following: -Business or clientele and charges and offices; -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Incompatibilities
Gifts received as a public official Yes. The declaration of property status includes a summary of all income received by the member of the Government and, where appropriate, by the community since the beginning of the duties of a member of the Government. (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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; 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 and 23, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Art. 87 Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015)
Ownership of state-owned enterprises (SOEs) Yes. The declaration of property status covers the following: - Other property; 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 and 23, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Art. 87 Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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. This provision exists in the Electoral Code which regulates requirements for the elected officials - the President and the MPs (Article 26, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Articles 131-26, 131-26-1, 131-27, Penal Code, 1992, consolidated 2015)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Articles 131-26, 131-26-1, 131-27, Penal Code, 1992, consolidated 2015)

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, 2013)
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, 2013)
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, 2013)
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 20, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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, 2013)
Timing of information release specified Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Location(s) of access specified Yes. 0
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, Electoral Code of 1964, consolidated 2015 Article 1, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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 -Other property; (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 - Other property (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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, Electoral Code of 1964, consolidated 2015)
Loans and Debts Yes. - The declaration of property status covers the following: -Securities; -The life assurance; -The current accounts or savings passbooks and other savings products; -Other property; (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
Income from outside employment/assets Yes. The declaration of property status covers the following: -Business or clientele and charges and offices; -Other property; - 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, Electoral Code of 1964, consolidated 2015)
Incompatibilities
Gifts received as a public official Yes. The declaration of property status includes a summary of all income received by the member of the Government and, where appropriate, by the community since the beginning of the duties of a member of the Government. (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 of appointment (declaration of interests) (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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) (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)

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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)
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 of 1964, consolidated 2015)

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 of 1964, consolidated 2015)
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, 1992, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)
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, 1992, consolidated 2015 Article L.O. 135-1, Electoral Code of 1964, consolidated 2015)

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, 2013)
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, 2013)
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, 2013)
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, 2013 Article L.O. 135-2, Electoral Code of 1964, consolidated 2015)

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. (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Timing of information release specified Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Location(s) of access specified Yes. 0
Cost of access specified No. Absent from legal framework.

Civil servants

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. (this refers also to the civil servants by Article 11 of the Law no 2013-907 ) Children are not included. (Constitutional Council decission) (Article L.O. 135-1, Electoral Code of 1964, consolidated 2015 Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 )
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 -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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 - Other property (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Loans and Debts Yes. - The declaration of property status covers the following: -Securities; -The life assurance; -The current accounts or savings passbooks and other savings products; -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Income from outside employment/assets Yes. The declaration of property status covers the following: -Business or clientele and charges and offices; -Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Incompatibilities
Gifts received as a public official Yes. The declaration of property status includes a summary of all income received by the member of the Government and, where appropriate, by the community since the beginning of the duties of a member of the Government. (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Ownership of state-owned enterprises (SOEs) Yes. The declaration of property status covers the following: - Other property; (Article 4, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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. This provision exists in the Electoral Code which regulates requirements for the elected officials - the President and the MPs (Article 26, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 )
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Articles 131-26, 131-26-1, 131-27, Penal Code, 1992, consolidated 2015)
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, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013 Articles 131-26, 131-26-1, 131-27, Penal Code, 1992, consolidated 2015)

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, 2013)
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, 2013)
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, 2013)
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 20, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)

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. (Article 5 and 12, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Timing of information release specified Yes. Within three months of receipt of the information, the High Authority shall make public the asset declaration and the declaration of interests. (Article 5, Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013)
Location(s) of access specified Yes. Asset declarations and declarations of interests are made available on a website established and maintained by the High Authority. (Article 6 of Decree No. 2013-1212 of 23 December 2013 concerning the declarations of assets, liabilities and interests declarations to the High Authority for the transparency of public life, consolidated 2015)
Cost of access specified No. Absent from legal framework.

Qualitative data for 2016


Legislation

Penal Code, 1992, consolidated 2015 (French)pdf
Electoral Code of 1964, consolidated 2015 (French)pdf
Act no. 2013-907 of 11 October 2013 on transparency in public life, 2013, consolidated 2015 (French)pdf
Law No. 62-1292 on the election of the President of the Republic by Universal Suffrage, 1962, consolidated 2015 (French)pdf
Decree No. 2013-1212 of 23 December 2013 concerning the declarations of assets, liabilities and interests declarations to the High Authority for the transparency of public life, consolidated 2015 (French)pdf
Law 93-122 on the prevention of corruption and transparency, 1993, consolidated 2015 (French)pdf

Conflict of Interest

The Act on transparency in public life (2013) 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 (2006, last amended 2015) and the Law No. 83-634 on the rights and obligations of officials (1983, last amended 2015) 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. 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

201220152016Trend
Restrictions284242
Sanctions587575
Monitoring and Oversight25100100

Alternative Metric

201220152016Trend
Head of State06262
Ministers326262
Members of Parliament568787
Civil servants607979

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


Qualitative Data

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

Head of State

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2015))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The French Supreme Administrative Court makes deicisons as to conflicts of interests by members of the government. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Enforcement body specified (sanctions, hearings) Yes. When it observes that a member of the Government has a conflict of interest, the High Authority for Transparency in Public Life shall order said member to put an end to said situation. After giving the person concerned the opportunity to put forward his/her comments within one month, the High Authority may decide to make said injunction public. (Art. 10 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))

Ministers

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2015))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The French Supreme Administrative Court makes deicisons as to conflicts of interests by members of the government. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Enforcement body specified (sanctions, hearings) Yes. When it observes that a member of the Government has a conflict of interest, the High Authority for Transparency in Public Life shall order said member to put an end to said situation. After giving the person concerned the opportunity to put forward his/her comments within one month, the High Authority may decide to make said injunction public. (Art. 10 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. MPs may not be entrepreneurs, directors or chairpersons in companies which receive grants by the state, companies only aimed at earning a private profit, companies active in works and supplies for the state or general public, companies active in the sale of land or constructions, and companies where more than half the capital is owned by corporate or private interests. (Art.146 Electoral Code of 1964, consolidated as of 2015)
Ownership of state-owned enterprises (SOEs) Yes. MPs may not be Presidents, Board members or directors in national institutions or national companies. (Art. 145 Electoral Code of 1964, consolidated as of 2015)
Holding government contracts Yes. Members of boards of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Board member, advisor, or company officer of private firm Yes. MPs may not be entrepreneurs, directors or chairpersons in companies which receive grants by the state, companies only aimed at earning a private profit, companies active in works and supplies for the state or general public, companies active in the sale of land or constructions, and companies where more than half the capital is owned by corporate or private interests. (Art.146 Electoral Code of 1964, consolidated as of 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected into parliamentary mandate are automatically given a leave of absence for the duration of the mandate. (Art. 24 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. MPs who use their mandate in the name of a company pay a fine of 3.750€, and if repeated of 7.500€ Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 150 Electoral Code of 1964, consolidated as of 2015 Art. 432-13 Penal Code (1992, last amended 2014))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. MPs who do not address incompatabilities within 30 days of notification by the Constitutional Court are forced to lay down their mandate. (Art. 151-2 Electoral Code of 1964, consolidated as of 2015 )
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2014))

Monitoring and Oversight

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

Civil servants

Restrictions

General restriction on conflict of interest Yes. The members of the Government, persons who hold a local elective public office and persons who are entrusted with a public service assignment shall perform their duties with seriousness, probity and integrity and shall ensure that they prevent or immediately cause any and all conflicts of interest to end. (Art. 1 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Members of public authorities may not own 30% or more of the capital of companies in the preceeding 3 years which stand under their supervison. Civil servants may not pursue gainful employment in private companies; but they may hold shares. (Art. 1 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2010 Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2014)
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not pursue gainful employment in private companies. (Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2014)
Holding government contracts Yes. Members of public authorities or entrusted with any public service assignment shall abstain from taking up this task if they consider there to be potential conflicts of interest. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Board member, advisor, or company officer of private firm Yes. Members of public authorities may not be part of supervision or control of a company in the preceeding 3 years that is connected to the exercise of their functions in office. Civil servants may not pursue gainful employment in private companies. (Art. 1 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2010 Art. 25 Law No. 83-634 on the rights and obligations of officials, 1983, amended 2014)
Post-employment Yes. Members of public authorities who take up private activities up to 3 years after ending their position, must notify the administration if these activities would have made a conflict of interest during their function. (Art. 2 Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2010)
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected into parliamentary mandate are automatically given a leave of absence for the duration of the mandate. (Art. 24 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Officials who act in the interest of a private company within three years of leaving office are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2014))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Elected officials who act in the interest of a private country are punishable with three years imprisonment and a fine of € 200,000 (Art. 432-13 Penal Code (1992, last amended 2014))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Immediate superiors are responsible for reviewing conflicts of interest and drafts a decision on the matter. (Art. 2 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))
Enforcement body specified (sanctions, hearings) Yes. High Authority for Transparency in Public Life issues opinions and makes judgements about whether a conflict of interest exists or has been violated. (Art. 20 Act no. 2013-907 of 11 October 2013 on transparency in public life (consolidated 2015))

Qualitative data for 2016


Legislation

Act no. 2013-907 of 11 October 2013 on transparency in public life, consolidated 2015 (French)pdf
Law No. 83-634 on the rights and obligations of officials, 1983, amended 2014 (French)pdf
Decree No. 2007-611 on the exercise of private activities by public officials, 2007, amended 2014 (French)pdf
Electoral Code of 1964, consolidated 2015 (French)pdf
Penal Code, 1992, amended 2015 (French)pdf

Freedom of Information

The freedom of information regime in France is established by Law No. 78-753 on diverse measures to improve the relationship between public administration and the public (1978, amended 2015). 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 2014). 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

201220152016Trend
Scope and Coverage696969
Information access and release545454
Exceptions and Overrides675050
Sanctions for non-compliance000
Monitoring and Oversight333333

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 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
"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 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
Proactive disclosure is specified No. Absent from legal framework (General)

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 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
Legislative branch No. Parliament is not covered by Law 78-753 - the FOIA. It falls under the Ordinance on the functioning of parliamentary assemblies but does not specify access to parliamentary documents. (Act No. 58-1100 on the functioning of parliamentary assemblies, 1958, consolidated version as of Dec 31, 2015)
Judicial branch Yes. Only administrative documents relevant to the judiciary are covered by Law 78-753. (Article 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
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 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)

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

Draft legal instruments No. The legislature is not covered by the FOIA and the Ordinance on the functioning of parliamentary assemblies does not cover general access to information. In practice draft laws are published on the website of the Senate: http://www.senat.fr/dossiers-legislatifs/textes-recents.html ( )
Enacted legal instruments Yes. The President must promulgate the laws passed by the parliament. The Civil Code also requires all laws to be published in the Journal officiel de la République française (Official Gazette) in order to be binding. Law 2000-321 sets out the right to access legislation and requires administrative authorities to set up a simple and accessible system by which the public can access the laws that are enacted. (Article 10 Constitution of France, 1958, amended 2009 Article 2, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2015 Article 2 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 Article 1, Civil Code)
Annual budgets Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2015 Article 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 Article 48 of the Organic Law on the Finance Laws, 2001, amended 2013 Article 47 Constitution of France, 1958, amended 2009 )
Annual chart of accounts (actual expenditures) Yes. Budgets and accounts of any administrative authority (defined as government departments, local authorities, public administrative bodies, social security agencies and other bodies responsible for the management of an administrative public service) must be disclosed if requested. Parliament must pass annual finance laws and central government must publish the budget and financial activities quarterly. Under the FOIA a right to access is provided to a wide range of administrative documents held by public bodies and, subject to exemptions, this would also cover financial information. (Article 10, Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2015 Article 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 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. There is no explicit provision in the law with regard to access to annual reports and programs; however, a right to access is provided to a wide range of administrative documents held by public bodies. These documents include files, reports, studies, records, minutes, statistics, orders, instructions, ministerial circulars, memoranda or replies containing an interpretation of positive law or a description of administrative procedures, recommendations, forecasts and decisions originating from the State, territorial authorities, public institutions or from public or private-law organizations managing a public service. (Article 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 )

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. Everyone has the right to access to information. (Article 1 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
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 appointed information officers are responsible for receiving information requests and overseeing the disclosure of information, under the terms of the law. The law does not provide detail with regard to language barriers, illiteracy etc however. (Articles 42 and 44, Decree no. 2005-1755 on access to administrative documents and reuse of public information.)
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 4 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)

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 17, Decree no. 2005-1755 on access to administrative documents and reuse of public information, 2005, consolidated version as of Dec 31, 2015)
Agency granted right to extend response time No. Absent from legal framework (General)
Maximum total response time of no more than 40 days No. Absent from legal framework (General)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Absent from legal framework ( )
Existence of personal privacy/data law Yes. The Civil Code sets out a right to respect for private life. Law 78-17, the data protection law, protects and sets out conditions for access to personal data, including lawful and fair collection, disclosure requirements, and consent. (Article 9, Civil Code Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2015)
Specific exemptions to disclosure Yes. Preparatory documents are not covered by the law and therefore not subject to disclosure. Personal data cannot be disclosed except for the individual concerned, with their consent or if specified by law. A wide range of documents are exempted from disclosure including opinions of the Council of State and the administrative jurisdictions, documents of the financial courts or regional chambers of finance, documents of the Competition Authority or the High Authority for Transparency in Public Life, documents produced pursuant to a service contract. Information must be withheld if it could harm secret deliberations of government and of the responsible authorities attached to the executive; national security; foreign policy; state security, public safety or security of persons; the currency and public credit; the conduct of proceedings before the courts or of preliminary operations to such proceedings , except as authorized by the competent authority; research by the competent services into fiscal and customs offences; other secrets protected by law. Some documents can only be disclosed to those with an interest if disclosure would undermine the protection of privacy, medical confidentiality and secrecy in commercial and industrial, it includes value judgements or discloses the behaviour of an identifiable person. (Articles 2.2 and Article 6 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 Article 7, Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2015 Article 413-9 Criminal Code)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework (General)
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 20 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
Judicial appeals mechanism Yes. Judicial appeal can only be granted after the Commission for Access to Administrative Documents (CADA) has given its opinion. (Article 20 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)

Sanctions for non-compliance

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

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Ministers, local departments and regions must nominate information officers as must bodies with more than 200 employees which operate a public service, towns with more than 10,000 inhabitants, departments and regions. (Article 42, Decree no. 2005-1755 on access to administrative documents and reuse of public information, 2005, consolidated version as of Dec 31, 2015)
Public body that is responsible for applying sanctions No. The Commission for Access to Administrative Documents (CADA) is responsible for imposing fines for violating regulations on the reuse of public data but there is no body in charge of sanctioning public bodies for refusing to disclose data. (Article 22 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework (General)
Ombudsman involvement in implementation is specified by law Yes. The Ombudsman or his/her representative participates on the CADA in an advisory capacity. (Article 23 Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Law No. 78-753 on diverse measures to improve the relationship between public administration and the public, 1978, consolidated version as of Dec 31, 2015 (French)pdf
Act No. 58-1100 on the functioning of parliamentary assemblies, 1958, consolidated version as of Dec 31, 2015 (French)pdf
Constitution of France, 1958, amended 2009 (French)pdf
Law no 2000-321 on the rights of citizens in their relations with the administration, 2000, consolidated version as of Dec 31, 2015 (French)pdf
Civil Code (French)pdf
Organic Law 692-2001 on the Finance Laws, 2001, amended 2013 (French)pdf
Decree no. 2005-1755 on access to administrative documents and reuse of public information, 2005, consolidated version as of Dec 31, 2015 (French)pdf
Act No. 78-17 relating to data, files and liberties, 1978, consolidated version as of Dec 31, 2015 (French)pdf
Criminal Code (English)pdf

Public Procurement

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

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

EUR 15000 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 52 days for open procedures, 37 days for restricted procedures and 37 for negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There are some cases for preferential treatment: SMEs can be preferred (cooperative societies, group of agricultural producers, artisans, cooperative organization of artisans or artist, or adapted enterprises. 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 conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

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


Quantitative Data

Primary Metric

201220152016Trend
Scope8383
Information availability9090
Evaluation7575
Open competition8383
Institutional arrangements5353

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 15000. The lowest threshold has risen to EUR 25,000 since 1st October 2015. Below the indicated threshold, only for direct award without competition or publication (sans publicité ni mise en concurrence) (Public Procurement Code (2006, amended 2014), Article 28-III, article 25 for written form)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 15000. below only for direct award without competition or publication (sans publicité ni mise en concurrence); above, publication with choice of means by CA (Public Procurement Code (2006, amended 2014), Article 28-III, article 25 for written form)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 15000. below only for direct award without competition or publication (sans publicité ni mise en concurrence) (Public Procurement Code (2006, amended 2014), Article 28-III, article 25 for written form)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 15000. direct award and non-requirement of written form below threshold (Public Procurement Code (2006, amended 2014), Article 26.II, 40.II)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 20000. 0 (Public Procurement Code (2006, amended 2014), article 146)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 387000. 0 (Décret n° 2011-1104 du 14 septembre 2011, art. 201.III)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 90000. mandatory publicity procedure applies (including paper and e-publication) (Public Procurement Code (2006, amended 2014), Article 150)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 90000. mandatory publicity procedure applies (including paper and e-publication) (Public Procurement Code (2006, amended 2014), Article 150)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 90000. mandatory publicity procedure applies (including paper and e-publication) (Public Procurement Code (2006, amended 2014), Article 150)

Information availability

Publishing and record keeping

Which are the documents which are published in full? (1) the name and address of the contracting authority, the subject and value of the market, the framework agreement or dynamic purchasing system; Where appropriate,reasons why the contracting authority has required a number of higher minimum annual turnover ceiling; (2) names of candidates and justification; (3) names of the candidates and the reasons for the rejection of their application; (4) The reasons for the rejection are deemed abnormally low; (5) the name of the owner and the reasons for his tender was selected and, if known, the share of the contract or the framework agreement that the holder intends to subcontract to third parties; (6) In the case of negotiated procedures, the pattern of use of these procedures; (7) in competitive dialogue, the reason for the use of this procedure; (8) Where applicable, the reasons why the contracting authority has decided not to award a contract, a framework agreement or to establish a dynamic purchasing system; (9) the indication that supplies come from a member country of the European Union or another signatory to the Agreement on government procurement concluded within the framework of the World Trade Organization.. 0 (Article 67 for restricted, 79, Public Procurement Code (2006, amended 2014))
Are any of these documents published online at a central place? yes. Official Bulletin of announcements about public markets (Article 85.III, Public Procurement Code (2006, amended 2014))
Is it mandatory to keep 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. 0 (Article 34, Ordinance No. 2005-649 (2005, amended 2014))
Are contracts awarded within a framework agreement published? yes. simplified procedure, according to Directives (Articles 40.V, 76 and 169, Public Procurement Code (2006, amended 2014); )

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? yes. 0 (Articles 112, 114, Public Procurement Code (2006, amended 2014))
If yes, above what proportion of subcontracted value is it mandatory? 0 (Articles 112-117, Public Procurement Code (2006, amended 2014))

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. only technical specs and standards (Article 6-IV, Public Procurement Code (2006, amended 2014))
Are there restrictions on allowable grounds for tenderer exclusion? yes. closed list of reasons: irregular offers (non-compliant with call for tenders or incomplete) (Article 35, Public Procurement Code (2006, amended 2014))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? yes. if equivalent offers, a right of preference is attributed to cooperative societies (société coopérative de production), group of agricultural producers (groupement de producteurs agricoles), artisans, cooperative enterprises of artisans (société coopérative d'artisans) or cooperative enterprises of artists (société coopérative d'artistes) or adapted enterprises (entreprises adaptées) (Article 53 Public Procurement Code (2006, amended 2014))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. EXCEPTION: where more than 50% of goods come from third countries outside of EU which whom FR hasn't signed commercial treaties (Article 159, Public Procurement Code (2006, amended 2014))
Is there a specific set of rules for green/sustainable procurement? yes. possible, but not specified, from Directives 2014 (Article 14, Public Procurement Code (2006, amended 2014))
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low price (Article 55, Public Procurement Code (2006, amended 2014))

Bid evaluation

Is scoring criteria published and explicit? yes. lowest price or MEAT indicating weighting of criteria (Article 53, Public Procurement Code (2006, amended 2014))
Can evaluation decision be made by a single person (as opposed to a committee)? no. Commissions (Article 22, Public Procurement Code (2006, amended 2014))
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0 (Article 22, Public Procurement Code (2006, amended 2014))
If yes, what is banned? but lengthy regulations on members of Committee selected on their position or expertise. 0 (Article 22, Public Procurement Code (2006, amended 2014))
Is some part of evaluation comitee mandatorily independent of contracting authority? no. 0 (Articles 8 and 22, 23, Public Procurement Code (2006, amended 2014))
Are scoring results recorded and publicly available? yes. automatically (Articles 79, 80, 81, 82, 83, 84 and 85, Public Procurement Code (2006, amended 2014))
Under which conditions can the tender be cancelled? if all tenders are 'irregular', a simplified procedure is open. 0 (Articles 35 and 59, Public Procurement Code (2006, amended 2014))

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Official Bulletin of announcements about public markets, buyer's profile and TED. 0 (Article 40.III.2ş, Public Procurement Code (2006, amended 2014))
Where should the call for tenders be published? (Procedure type: RESTRICTED) Official Bulletin of announcements about public markets, buyer's profile and TED. 0 (Article 40, Public Procurement Code (2006, amended 2014))
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Official Bulletin of announcements about public markets, buyer's profile and TED. 0 (Article 40, Public Procurement Code (2006, amended 2014))

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 0 (Article 60, 65 and 67, Public Procurement Code (2006, amended 2014))
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Article 60, 65 and 67, Public Procurement Code (2006, amended 2014))
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Article 60, 65 and 67, Public Procurement Code (2006, amended 2014))

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 0 (Article 57, Public Procurement Code (2006, amended 2014))
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 37. 0 (Article 60, Public Procurement Code (2006, amended 2014))
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Article 65, Public Procurement Code (2006, amended 2014))

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? framework agreements of CA with bodies upon which exercises control, entities with exclusive rights to provide goodsupply/service, land, rent, audiovisual programmes, financial services, central banking, research and development, those regulated under international agreements, art, arbitration and conciliation, labour contracts, public electronic communication networks, utilities of article 140 of the Code. 0 (Article 3, Public Procurement Code (2006, amended 2014))
What are the main types of institutions which have to apply the public procurement law? 1. The State and its public bodies other than those with industrial and commercial; 2. The local authorities and local public institutions. 0 (Article 2, Public Procurement Code (2006, amended 2014))
What are the main procedure types or procurement methods permitted by law? 1. Call for open or restricted tenders, 2. Negotiated procedures, 3. Competitive dialogue, 4. Contests, 5. adapted procedure. 0 (Article 26, Public Procurement Code (2006, amended 2014))
Is there a procurement arbitration court dedicated to public procurement cases? yes. 0 (Article L551-1 and L551-2, Administrative Justice Code (Consolidated version as of 2015))
Is there a procurement regulatory body dedicated to public procurement? yes. Ministry of Economy (Articles 127, Public Procurement Code (2006, amended 2014); )
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0 (Articles 22, Public Procurement Code (2006, amended 2014); )
Is disclosure of final, beneficial owners required for placing a bid? no. 0 (Articles 12, Public Procurement Code (2006, amended 2014); )

Complaints

Is there a fee for arbitration procedure? no. 0 (Articles 127, Public Procurement Code (2006, amended 2014); Article L551-1 and L551-2, Administrative Justice Code (Consolidated version as of 2015))
If yes, how much no. 0 (Articles 127, Public Procurement Code (2006, amended 2014); Article L551-1 and L551-2, Administrative Justice Code (Consolidated version as of 2015))
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. 0 (Article L551-4 Administrative Justice Code (Consolidated version as of 2015))
What is the maximum number of days until arbitration court decision from filing a complaint? 20. 0 (Article L551, Administrative Justice Code (Consolidated version as of 2015);)
Are arbitration court decisions required to be publicly released? No. 0 (Article L551-18, Administrative Justice Code (Consolidated version as of 2015))

Qualitative data for 2016


Legislation

Public Procurement Code (2006, amended 2014) (French)pdf
Décret n° 2011-1104 du 14 septembre 2011  
Ordinance No. 2005-649 (2005, amended 2014) (French)pdf
Administrative Justice Code (Consolidated version as of 2015)