Question 17892 — State

Summary

Ms. Cécile Untermaier draws the Prime Minister's attention to the flat-rate tax exemption enjoyed by members of the Constitutional Council 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 In 2001, this specific tax regime was repealed by a decision of the Secretary of State for the Budget, at the time Mrs.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 This same decision of March 16, 2001, which is an unpublished letter from the Secretary of State for the Budget addressed to the President of the Constitutional Council, “completes”, as of January 1, 2001, the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 legislator The organic body 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. This means that from 1960 to today, the regime compensation for members of the Constitutional Council has raised (and still raises) legal problems. Since 1958, the gradual change of the Constitutional Council contrasts surprisingly with the stability of the legal rules relating to its composition and the status of its members. It is finally time to reform the institution, without being satisfied with the simple (although essential) elimination of the category of legal members, which is provided for by article 10 of the draft constitutional law for a more representative, responsible and effective democracy. At this stage of analysis, taking for granted that the Government is not considering such a reform which would nevertheless honor republican institutions, she asks it what measures it 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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