France - 2011 Party Finance Law

Title Article 3
Chapter I - PROVISIONS CONCERNING THE DECLARATION OF ASSETS OF THE MEMBERS OF THE GOVERNMENT AND THE HOLDERS OF CERTAIN ELECTIVE OFFICES
Article

3

I. - A commission for the financial transparency of the political life is set up, responsible for receiving the declarations of the members of Parliament and the persons mentioned in the 1st and 2nd articles of the present law, composed as follows:

1° Three ex officio members:

- the vice-president of the Council of State, president;

- the first president of the Court of Cassation;

- the first president of the Court of Auditors.

2° Six full members and six alternate members thus designated:

- four section presidents or State advisor, employed or honorary, two of which have the alternate member quality, elected by the general assembly of the Council of State.

- four presidents of chamber or advisors within the Court of Cassation, employed or honorary, two of which have the alternate member quality, elected by the group of judges of the peer seat of the Court;

- four presidents of chamber or chief advisor within the Court of Auditors, employed or honorary, two of which have the alternate member quality, elected by the Council chamber.

The members of the commission are appointed by decree.

The secretary-general of the commission is appointed by decision of the keeper of the seals upon proposal of the ex officio members.

The commission is assisted by the rapporteurs designated by the vice-president of the Council of State among the members, employed or honorary, of the Council of State and the body of advisors of administrative courts and administrative courts of appeal, by the first president of the Court of Cassation among the judges, employed or honorary, of the Court of Cassation and the courts and tribunals, by the first president of the Court of Auditors among the judges, employed or honorary, of the Court of Auditors and regional chambers of auditors. It may also benefit, for performing their tasks, from the provision of civil servants.

A decree by the Council of State sets the organization and functioning of the commission, as well as the applicable procedures.

II. - The commission for the financial transparency of the political life informs the competent authorities concerning the non compliance of the persons mentioned in the 1st and 2nd articles of the present law with the obligations defined by these articles, after they have been called to provide explanations.

The persons mentioned in the 1st and 2nd articles of the present law communicate to the Commission for the financial transparency of the political life, during the exercise of their mandate or office, all the significant modifications of their assets, every time they consider it useful.

The commission ensures the confidentiality of the received declarations, as well as of the formulated remarks, as the case may be, by the declarer on the evolution of their assets.

The submitted declarations and the formulated remarks have be communicated only upon specific request by the declarer or its beneficiaries or on request of the judicial authorities in case this communication is necessary for the resolution of the litigation or useful for the discovery of the truth.

The commission evaluates the variation of the situation of the assets of the members of Parliament and the persons mentioned in the 1st and 2nd articles of the present law as it results from the declarations and remarks addressed to it. It establishes, every time it is considered useful, and at all events every three years, a report published in the Official Journal of the French Republic.. This report does not contain any nominal indication concerning the situation of the assets,

In the cases where the commission identifies, after the person interested was given the possibility to make its remarks, the evolutions of assets for which it holds no explanations, it forwards the file to the prosecution.

Categories - External oversight (Sanctions)
- External oversight (Subject of monitoring)
- External oversight (Type of authority)
- Party finance (Report and disclosure)
Source http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=B99F160084D7E8BB2B715054F282249A.tpdjo03v_1?cidTexte=JORFTEXT000000321646&dateTexte=20110329