Question 17530 — public finances

Summary

Mr. Gérard Leseul draws the attention of the Minister of Action and Public Accounts to the abuses linked to the application of the new accountability regime for local public managers in accordance with Ordinance No. 2022-408 of March 23, 2022. This reform, which entered into force on January 1, 2023, pursued the legitimate objective of strengthening probity in the management of public accounts and unifying the applicable liability rules to local public managers. However, several decisions handed down by financial courts raise questions about the concrete application of this system. Indeed, public officials were convicted even though no personal enrichment was evident, certain irregularities had been regularized and no actual financial damage had been suffered by the community concerned. Such interpretation makes this system excessively harsh. Thus, the institution of this regime is likely to create a climate of legal insecurity among territorial agents. Indeed, this system, as applied, places financial risks on public officials, but without taking into account local operational constraints or the complexity of administrative procedures. To this extent, this device is a factor of legal uncertainty for public managers, leading them to renounce certain initiatives or to refrain from reporting irregularities for fear of seeing their personal liability engaged. Such a situation could encourage inaction which is detrimental to the proper functioning and continuity of the public service. Finally, this situation also risks accentuating the tension of attractiveness already experienced by territorial professions. The MP asks him if the Government intends to take stock of the application of this new regime of liability for public managers and, if this is the case, what it plans to advance the legal framework in order to reconcile the requirement of probity of managers with their legal security.

Machine translation from French. The official text remains authoritative.

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