Question 10767 — civil servants and public agents

Summary

Mr. Régis Juanico draws the attention of the Minister of Action and Public Accounts to Decree No. 2017-105 of January 27, 2017 relating to the exercise of private activities by public agents. Article 25 septies of Law No. 83-634 of July 13, 1983 relating to the rights and obligations of civil servants, created by Article 7 of Law No. 2016-483 of April 20, 2016 relating to ethics and the rights of civil servants, recalls the principle according to which “the civil servant carries out his entire professional activity in the tasks entrusted to him. He cannot exercise, in a professional capacity, a lucrative private activity of any nature whatsoever. The same article 25 septies, however, provides for some exceptions to this prohibition of accumulation, and in particular the activities of production of intellectual works, within the meaning of articles L. 112-1, L. 112-2 and L. 112-3 of the code of intellectual property (IPC). Journalists are considered authors of intellectual works under article 111-1 of the ICC. Thus, civil servants should be authorized to carry out the activity of local press correspondents. However, article 6 of Decree No. 2017-105 of January 27, 2017 relating to the exercise of private activities by public agents and certain contractual agents under private law who have ceased their functions, to the accumulation of activities and to the civil service ethics commission, draws up a list of activities carried out on an ancillary basis likely to be authorized in which the production of intellectual works does not appear. Based on this decree, certain local authority executive officials tend to refuse agents the practice of an ancillary activity of local press correspondent. Also, he would like know the Government's intentions with a view to re-specifying the conditions for exercising the activity of local press correspondent for civil servants.

Machine translation from French. The official text remains authoritative.

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