Question· Question écrite22088answered
France · National Assembly
M. Philippe Gosselin attire l'attention de Mme la garde des sceaux, ministre de la justice, sur la place accordée aux algorithmes dans le secteur juridique, notamment sur la fonction « prédictive » de ces outils. Alors que certains pays de l'OCDE, comme la Finlande ou les États-Unis ont de plus en plus recours à des algorithmes dans leurs systèmes de justice, avec par exemple le logiciel américain COMPAS qui mesure le risque de récidive des prévenus, mais s'est révélé peu précis et peu efficace, il est fondamental pour la France que les professionnels du secteur mais aussi l'État, se saisissent du sujet de l'intelligence artificielle (IA) dans la justice et définissent les usages qu'ils veulent en faire, afin d'éviter l'avènement d'une justice expéditive et déshumanisée. Les outils d'IA sont appelés à tort « justice prédictive ». En réalité, ce sont des statistiques sur des décisions de justice qui peuvent faciliter la compréhension des professionnels du droit pour orienter une stratégie : l'IA ne représente qu'une aide complétant l'intelligence humaine dans le processus de décision. Comme le rappelait l'ancien vice-président du Conseil d'État, M. Jean-Marc Sauvé, si les algorithmes dans le droit sont bien « une opportunité », il convient de s'en saisir « en sachant faire preuve d'une grande vigilance sur l'intangibilité d'une justice indépendante, impartiale, transparente, humaine et équilibrée » afin de garantir à tous les citoyens un égal accès à la force du droit. La révolution de l'IA, loin d'être une menace, peut être une formidable opportunité pour le monde juridique et pour l'État d'assurer un fonctionnement de la justice plus efficient, et de positionner la France comme un champion de l'IA éthique dans le droit. Le secteur juridique privé en France gagnerait à établir des bonnes pratiques et à respecter une certaine déontologie en matière de transparence des outils : à titre d'exemple, en France, des éditeurs juridiques privés ont déjà créé des algorithmes sans boîtes noires. Il lui demande donc de clarifier la position du Gouvernement sur le développement de l'IA dans le secteur du droit et de la justice, et sur la possibilité de travailler avec les « legaltech » à la mise en place d'une certification qui, du reste, a été largement évoquée dans les débats sur la loi justice au printemps 2019. L'ensemble permettrait le déploiement raisonné et éthique de ces solutions d'IA. La France a une opportunité pour être pionnière dans la justice algorithmique, au service des justiciables.
Question· Question écrite21912open
France · National Assembly
M. Philippe Gosselin attire l'attention de M. le ministre de l'agriculture et de l'alimentation sur les modalités d'attribution des indemnités compensatoires de handicaps naturels (ICHN) suite au dernier zonage paru en mars 2019 pour le département de la Manche. Il apparaît que de nombreuses communes sont exclues du zonage et cela, malgré des critères de handicaps naturels tels que les zones humides ou les terres hydromorphes. Cela pénalise beaucoup de territoires comme la Manche où les zones humides sont nombreuses. Il lui demande donc de préciser les critères qui ont conduit à ne pas classer certaines zones en ICHN et quelles mesures de compensation financière sont envisagées pour ces communes concernées.
Question· Question écrite21441answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Solidarity and Health to Decree No. 2019-412 of May 6, 2019 amending Decree No. 2018-383 of May 23, 2018, authorizing the processing of personal data relating to the monitoring of people in psychiatric care without consent. This decree authorizes that the surnames, first names and date of birth appearing among the identification data of a person in psychiatric care without consent in the file named HOPSYWEB are linked to the identification data recorded in the file of people monitored for radicalization or in connection with terrorism (FSPRT file). However, their assimilation denies the absolute nature of medical confidentiality and does not allow patients to benefit from the right to be forgotten. In addition, this decree contributes to the stigmatization of patients with disorders mental by the psychiatry/dangerousness amalgam that it presents. He asks what measures the Government intends to take to respond to the concerns of families.
Question· Question écrite20694open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Secretary of State to the Minister of National Education and Youth to the administrative burden weighing on non-profit associations. Preparing events, requesting subsidies, many associations are facing administrative burden which has intensified for several years, particularly in the areas of security and relief. Likewise the appeal associative employment is complicated and expensive, while society as a whole benefits from the commitment of associations and volunteers. Simplification measures, in particular exemption from social charges for voluntary associations, would provide relief to those involved. The cost of this measure would be low for the State but it would be very appreciated by the many associations and would be a real relief. The work carried out by associations allows many municipalities to maintain social life within towns, particularly in rural communities. On several occasions, simplification measures for businesses have been mentioned, and better still, implemented. Associations cannot be forgotten as they are useful to the local and social fabric. He therefore asks her what her intentions are in this area.
Question· Question écrite20878open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Solidarity and Health to electronic cigarettes and the practice of vaping in France. Recent studies demonstrate, even if they need to be the subject of additional studies, that its harmfulness would be less compared to traditional smoking. Intermediate phase for many smokers wishing to quit cigarettes, France has not yet integrated vaping into its plans. fight against smoking although there is perhaps a real interest there and remains one of the only European countries not to have done so. Firstly, it seems important that new studies be commissioned on the subject and then, if the results are confirmed, integrate vaping into a public health plan. He therefore asks him to please indicate whether the Government is considering studies on electronic cigarettes in the perspective of its integration, if necessary, into its public policies to combat smoking.
Question· Question écrite21532open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Action and Public Accounts to a possible modification of the current donation system by the establishment of a ceiling, particularly on food donations. Today, all food donations are subject to tax exemption provided for in article 238 bis of the general tax code. However, in the current context of debates on patronage, this measure could be reviewed. It is essential to protect the tax exemption of food donations which, according to figures from the food bank, benefit 5 million people in France. He therefore asks him if the Government intends to maintain the current system by making an exception for food donations.
Question· Question écrite17416open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of the Interior to the difficulty of seeing the road signs located on the right side of the highways when heavy goods vehicles are in circulation. Each of us can attest to this difficulty. Therefore and in addition to the current signs, could it be considered that part of the signs be located on the central reservation of the highways for better visibility ? He would like to know the Government's position on this issue.
Question· Question écrite20739answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of the Interior to the application of Law No. 2016-1048 of August 1, 2016 revamping the procedures for registration on the electoral lists, known as Pochon-Warsmann, and the implementation of the Single Electoral Register. Entering into force on January 1, 2019, this law aims to simplify the procedures for registration on the electoral lists. These are now managed by INSEE within a single electoral register (REU) whose purpose is to allow the continuous updating of these electoral lists, at the initiative of either the municipalities or INSEE. Thus, the electoral lists are now permanent, and registrations on them can be submitted until the sixth Friday preceding the election. During the European elections of May 26, 2019, numerous errors were reported on voting day, from European or French citizens, who have been unduly removed from the electoral lists even though they met the conditions to fulfill their electoral duty or who have not been automatically registered by INSEE even though they have turned 18. Depending on the situation, the schedule, the distance, the age of the people concerned, and even in certain cases the malfunctions of the State's IT services, did not allow the verification and validation of regular registration by a district court. These situations are obviously not acceptable, and prove incomprehensible to those citizens concerned. He asks him what measures he intends to take to identify the number of these errors and remedy them.
Question· Question écrite17423open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of the Economy and Finance to the disastrous consequences of the application of the standard rate of VAT to sales of horses and certain services. The horse economy represents many direct and indirect jobs in France and particularly in Normandy. It is also an important source of development for territories already weakened by the agricultural crisis. Beyond a significant drop in the number of licensees over the past 5 years, the Equestrian Fund supplied by the racing parent companies has no longer existed since 2017. This is why, in view of the economic issues, it asks it to kindly indicate the measures it intends to take to support the sector and preserve the exceptional tax regime from which it benefits.
Question· Question écrite19078answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of National Education and Youth to a change in the provisions of AVS/CAE contracts. It was recently brought to its attention the difficulties encountered by staff benefiting from this type of contract to accompany children during school trips lasting a few days such as sea classes. Today, the only solution which seems to exist is for AVS to accompany voluntarily, and with their personal funds, the teaching team and the child concerned. Given their income, few AVS can afford it and we cannot allow this type of volunteering to become widespread. Without the support of their AVS, most of the children concerned cannot take part in school outings. For their personal development, this type of outing would only be beneficial for them. It therefore seems important that the texts evolve and allow AVS to accompany children during outings, in return for financial compensation. He therefore asks him if such a perspective of evolution is envisaged to thus allow this support.
Question· Question écrite20715open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Action and Public Accounts to American customs duties on French dairy products. Since his arrival at the White House, President Trump, through protectionist measures, has continued to introduce an increase in customs duties on products manufactured elsewhere than in the United States. Today it is the dairy sector which is in its sights and in particularly the activity of soft cheeses such as the production of Isigny AOP butter and many others which are the richness of the French terroir. For a dairy region like Normandy, the consequences would be disastrous. He therefore asks him what the Government plans to do to support French exports and in particular the dairy sector and how it intends to resolve these questions of unacceptable protectionism.
Question· Question écrite13242open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Solidarity and Health to the reimbursement of special hearing aids for people suffering from major aplasia, a birth malformation impacting the external and middle ear. While the Government wants a zero remaining charge for hearing aids, it seems that specific devices such as those intended for people with aplasia major are not affected by this reform. However, the cost for families is very high, after reimbursement of social security and any mutual insurance companies, there remains around 3,000 euros or even 6,000 euros if both sides are affected. You should also know that these devices must be changed every 4 to 5 years. As a result, only the wealthiest families can pay such sums, knowing that a A recent study found that a child without hearing aids loses around 40% of the information they receive at school. Therefore, he would like to know how the Government intends to better take this situation into account and whether additional assistance can be provided to the families concerned and more particularly to those with modest incomes.
Question· Question écrite16413answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister, to the Minister of State, Minister for Ecological and Inclusive Transition, responsible for transport, to the implementation of the post-parking package (FPS) and its consequences on shared mobility operators. Previously, rental companies had the possibility, in the event of a fine, to name the tenant responsible. Today, the company must fulfill the FPS before to turn to the person responsible. Incomprehensible situation. En effet, la législation actuelle ne permet pas de transférer la responsabilité du paiement du FPS sur le conducteur réel du véhicule. Any clause introducing the passing on of the FPS charge to the customer would be qualified as an unfair clause under consumer law. Résultat, ce procédé entraîne des conséquences financières considérables et vont jusqu'à remettre en causes the economic sustainability of companies. In certain cases, the amount of the FPS is higher than the average daily profit from short-term rental. He asks him how, within the framework of the mobility orientation law, a mechanism for designating the customer by the operator could be envisaged.
Question· Question écrite1188answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of National Education to the situation of AVS and AESH. Indeed, most AVS contracts are established in the form of a single integration contract, making their personal situation complicated and precarious. They are paid 687.61 euros per month for a contract of 20 hours per week. Recently, the situation has improved with the implementation of new companion contracts students with disabilities (AESH), renewable for six years, then reclassified as permanent contracts, which were intended to replace all AVS with the aim of perpetuating and professionalizing staff. However, the Government's latest announcements, particularly on the reduction in subsidized contracts, leave those concerned perplexed and worried about their future. Certainly, the Government has promised to protect jobs AVS and AESH but the question of the precariousness of these jobs remains relevant. This is why he asks what measures the Government intends to take now and, in the future, to promote AVS and AESH jobs.
Question· Question écrite15871open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the possibility, for an individual, of making a donation to a local authority while benefiting from the tax advantages provided for an association, a foundation or other deduction type up to 66% of income and within a given limit. Indeed, like the deduction of 66% of the amount applicable to donations made for the benefit of associations recognized as being of general interest, for example, it seems appropriate that donations to municipalities should be included in this system. He therefore asks him to kindly inform him of the provisions envisaged in order to clarify the state of the law and allow local authorities to be eligible for donations made by individuals for the purpose of patronage or, where applicable, to carry out the useful reforms in the interest of patrons.
Question· Question écrite13533answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the concerns of accommodation and social reintegration centers (CHRS) regarding the consequences of the reform of pricing and contractualization between the State and themselves. While the Government has just presented a plan intended to fight poverty, this drop in credits is in progress. a total contradiction with the stated will of the Government, as well as that of fighting against violence against women. Already a poor relative of Normandy, the Manche department is seeing a budget drop of around 20% per host establishment. As a direct consequence of this budget cut, positions will be eliminated while reception centers are already over capacity. Also, he asks her how new contractualization could take into account the specific needs of the departments rather than harmonization on a national scale which does not take into account territorial specificities.
Question· Question écrite17057answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Action and Public Accounts to the terms of internal promotion to the rank of territorial supervisor. Decree No. 88-547 of May 6, 1988 allows civil servants falling within the employment framework of territorial technical assistants to access, through internal promotion, the employment framework of territorial supervisory agents. Although this is a promotion, this appointment may result in lower remuneration if the agent held the rank of senior technical assistant first class. Indeed, the index scale for supervisors always falls under pay scale 5, whereas first-class principal technical assistants falling under pay scale 6 are likely to access this grade through internal promotion. For example, a senior technical assistant from first class currently positioned at the seventh level (IB: 481 - IM: 417) is reclassified in the event of promotion to the twelfth level of the grade of supervisor, corresponding to the last level of the grid (IB: 459 - IM: 402): this reclassification takes place at an index lower than that currently held in the context of technical assistant jobs. Of course, the “escape clause” allows the agent to keep his salary previous index if it proves to be higher than that relating to the step of the grade of supervisor in which he is now classified. However, this provision does not resolve the difficulty for agents close to retirement who will not have time to benefit from career progression to the rank of supervisor. The latter will be penalized in their final years of career and in their retirement. This is why he would seem desirable to allow technical assistants at the end of their career to directly access the rank of principal supervisor without having to prove six years of effective service. He asks what the Government intends to do, particularly in the context of civil service reform, to remedy this inconsistent and penalizing situation for those concerned.
Question· Question écrite167answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of State, Minister of the Interior, to the malfunctions observed in the electoral registers of town halls during the sending of voter cards for the year 2017. 500,000 cards were sent in duplicate and this error could have undermined the results of the presidential and legislative elections. In fact, many address changes were not taken into account count on time. Without incriminating anyone, the question arises about the method used today which does not allow effective updating of electoral lists. He therefore asks what actions are planned by the Government to prevent this situation from happening again.
Question· Question écrite1149open
France · National Assembly
M. Philippe Gosselin attire l'attention de M. le ministre d'État, ministre de l'intérieur, sur le coût de la formation de 120 gendarmes à Valdemoro (Espagne) à partir du 1er octobre 2017. À l'heure des réductions budgétaires décidées par le Gouvernement, le coût total de cette formation évalué à près de 1,5 million d'euros selon différentes sources paraît démesuré dans le contexte budgétaire actuel. Il faudra également ajouter à cette somme les coûts de déplacement lors des permissions des élèves gendarmes à Noël et Pâques 2018 notamment. L'initiative franco-espagnole est louable mais le coût de cette formation à Valdemoro semble difficilement acceptable alors que les besoins matériels et en investissement sont réels au sein de la gendarmerie. Certes, la création de postes supplémentaires au sein de la gendarmerie et la recrudescence de candidatures font qu'aujourd'hui les écoles de formations françaises sont en saturation. Mais ne serait-il pas plus pertinent d'ouvrir une nouvelle école de formation sur le sol national plutôt que former les futurs gendarmes à l'étranger ? Il l'interroge donc sur ses projets dans ce domaine à court et moyen terme afin de répondre aux besoins de formation des gendarmes.
Question· Question écrite13680answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Agriculture and Food to the problem of starlings in the north and center of the Channel and the devastation they can cause on farms. Like every year, the starlings have arrived in the Cotentin. Feeding in particular on cereal seedlings, they force farmers to delay sowing and are responsible for health risks in contaminating troughs and spreading diseases that can be transmitted to livestock. Certainly the prefectures have issued decrees allowing, within a well-defined framework, the hunting of starlings, but many farmers consider them insufficient given the damage caused. During various meetings with farmers, he was informed of the solution used in the Netherlands where the authorities gas pests. He therefore asks him if this proposal seems possible in France. Failing this solution which could appear too radical, he asks him what he plans to propose that is effective.
Question· Question écrite13678open
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Action and Public Accounts to the tax situation of widows of veterans, and in particular to the conditions for granting the additional half-share of the family quotient. Holders of the combatant's card or of a pension provided under the provisions of the military disability pension code aged over 74 benefit from a half tax share additional. This half tax share is also granted to the widow of a veteran, if she is 74 years old and her deceased spouse was able to benefit, at least for one tax year, from the additional half share. This age of death condition deprives widows of veterans who died before the age of 74 from benefiting from this tax advantage. There are many people concerned who experience this situation as an injustice, even though they often have to face significant financial difficulties. Also, he asks him to please indicate whether he intends to take measures so that the reversible nature of this tax measure benefits all widows of veterans, without taking into account the age of death of their spouse.
Question· Question écrite187answered
France · National Assembly
Mr. Philippe Gosselin questions the Minister of Solidarity and Health on the progress of discussions between Belgium and France for the recognition of the Belgian psychomotor therapist diploma on the national territory. Indeed, in May 2016, the previous minister announced that a solution was in the process of legal expertise between the two countries to allow young French graduates in Belgium to submit an authorization application file. of practice in France at the end of one year of practice in Belgium in the field of psychomotor awareness activities and to have compensatory measures imposed with regard to the training necessary to obtain this diploma in France. This agreement between the two countries conditions the professional integration of many graduates and would make it possible to meet needs in many territories in France. He asks him if he is in the process of finalization and what are the short-term prospects.
Question· Question écrite16269open
France · National Assembly
Mr. Philippe Gosselin questions the Minister of Action and Public Accounts on the real cost of the ISF. He kindly asks him to indicate, year by year, since 1988, on the one hand, the number of French taxpayers who have carried out a tax expatriation and the amount of assets and income concerned, on the other hand, the overall loss which has resulted for public finances including in respect of property taxes and rights of inheritance not collected as well as VAT not collected on goods consumed by these expatriates.
Question· Question écrite22413answered
France · National Assembly
Mr. Philippe Gosselin draws the attention of the Minister of Action and Public Accounts to the number of civil servants in all categories (prefects, sub-prefects, ambassadors) without assignment. Certain practices are sometimes revealed or poorly understood by citizens. It is therefore important to be able to enlighten the debates with real figures. He asks it to specify, year by year since 2012, its overall annual cost for public finances.
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