Question 11545 — Parliament

Summary

Mr. Philippe Juvin draws the attention of the Minister of the Economy, Finance and Industrial, Energy and Digital Sovereignty to the parliamentary control, provided for under Article L. 151-7 of the Monetary and Financial Code, of the prior authorization procedure for foreign investments in France (IEF). This article provides that the “presidents of the commissions responsible for economic affairs and the general rapporteurs of The committees responsible for finance of each assembly may jointly carry out all investigations, on documents and on site, of the action of the Government in matters of protection and promotion of the economic, industrial and scientific interests of the Nation, as well as in matters of control of foreign investments in France. In order to evaluate the conditions of application and the degree of effectiveness of this article, he asks to firstly specify the number of joint referrals made by these qualified personalities under the provisions of the said article since the entry into force of Law No. 2019-486 of May 22, 2019 relating to the growth and transformation of businesses, known as the PACTE law, distinguishing these referrals from hearings carried out by each assembly as part of their usual work (on the themes of competitiveness, economic intelligence, sovereignty), falling within their constitutional mission of control. Secondly, he wishes to understand the interpretation he makes of the limit placed on this control by the provision of article L. 151-7 specifying that “these investigations cannot relate to investments likely to be the subject of decisions by the minister responsible for the economy”. More specifically, he asks him if this limit implies that the qualified personalities of the said article cannot refer to the Minister authorizations which have not yet been the subject of a final decision. If so, he would like to be told how these personalities could then be informed of the existence or progress of ongoing procedures, these decisions not being made public.

Machine translation from French. The official text remains authoritative.

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