Question 17891 — State

Summary

Ms. Cécile Untermaier draws the attention of the Minister of the Economy and Finance to the flat-rate tax exemption that members of the Constitutional Council benefited from between 1960 and 2001. This specific, and legally unjustified, tax regime was also contested in the 1990s, notably by two articles published in Le Monde by Professor Jean-Jacques Dupeyroux. In 2001, this specific tax regime was repealed by a decision of the Secretary of State for the Budget, at the time Mrs. Florence Parly, current Minister of the Armed Forces. This same decision of March 16, 2001, which is an unpublished letter from the Secretary of State for the Budget addressed to the President of the Constitutional Council, “completes”, as of January 1, 2001, the compensation received by the members of the Constitutional Council. However, in application of the provisions of article 63 of the Constitution, only the organic legislator is competent to define the compensation of members of the Constitutional Council. This compensation is thus defined by article 6 of the order of November 7, 1958, relating to the organic law on the Constitutional Council, which makes no mention of any additional compensation, and which certainly does not authorize the Secretary of State for the Budget to define this compensation. Also she asks him to kindly indicate on what basis the compensation of the members of the Constitutional Council was “supplemented” as well as the amount of the additional compensation. She also asks him what measures the Government plans to take to clarify the legal framework of the compensation regime for members of the Constitutional Council.

Machine translation from French. The official text remains authoritative.

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