Question 9777 — elections and referendums

Summary

For the examination of the campaign accounts of candidates for the presidential election, like all elections, "rapporteurs are called upon who occasionally contribute to the work of the national commission for the control of campaign accounts and political financing." These are responsible, under the leadership of a general rapporteur of the account, also a member of the commission's college and with the help of one of those responsible for mission and deputy project managers, of the initial instruction of the control of campaign accounts, by initiating the first contradictory procedures and by proposing elements in order to prepare the decisions taken by the commission. The rapporteur's specific guide relating to the examination of the campaign accounts of candidates for the 2017 presidential election specifies the role of the rapporteur during the examination of the accounts: Questionnaire, like the letter of observations, addressed to the candidates, are prepared by the rapporteurs and submitted for examination by the commission before sending to the candidate. This procedure ensures consistency in the preparation of accounts. The committee may not accept the rapporteurs' proposals when they are not properly argued, or are contrary to case law or the positions of the committee at hand. with regard to the accounts of other candidates. The college also rejects the rapporteurs' proposals when these are outside the competence of the committee. If the resigning rapporteur was able to know the elements of the account of one of the presidential candidates, he however never examined the documents, documents or responses of the ten other presidential candidates. This overall assessment is an assessment sovereign and independent of the commission. Moreover, the National Commission for Campaign Accounts and Political Financing (CNCCFP) was created by Law No. 90-55 of January 15, 1990 relating to the limitation of electoral expenses and the clarification of the financing of political activities. The CNCCFP has the status of “independent administrative authority” since Order No. 2003-1165 dated December 8, 2003 codified in Article L. 52-14 of the electoral code. The 9 members making up the college of the commission are appointed for five years (renewable once) by decree of the Prime Minister, on proposals from the Vice-President of the Council of State, the First President of the Court of Cassation and the First President of the Court of Auditors. Like all state agent remuneration, that of the President of the CNCCFP is public. It is set by the decree and the decree of May 30, 2018. These texts draw the consequences of a provision of Law No. 2017-55 of January 20, 2017 relating to the general status of independent administrative authorities and independent public authorities. Article 41 of the aforementioned law provides that “the president of the commission exercises his functions full time”. The decree relating to the organization of the work of the CNCCFP as well as the treatment of the president and compensation likely to be allocated to the vice-president, members, collaborators and rapporteurs of this commission and the implementing order of May 30, 2018 were therefore intended to apply the provisions of the aforementioned law. This overall saving was determined on the basis of comparison with comparable index schemes within other independent administrative authorities.

Machine translation from French. The official text remains authoritative.

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