Records
18 records where Jean-Didier Berger is listed as a sponsor, author, or other actor. Search with topics and years
Question· Question écrite13326open
France · National Assembly · 3 March 2026
Mr. Jean-Didier Berger draws the attention of the Minister of the Interior to the lack of precise and accessible data concerning the danger to society represented by small far-left groups and, in particular, those who claim to be “antifas”. On February 14, 2026, a political activist from Lyon was killed by individuals likely to have a link with far-left associations, some of which are the subject of an dissolution procedure initiated by the former Minister of the Interior, due to the danger they represented for the security of the Nation. This tragedy is added to numerous other attacks on activists, which demonstrate that the far left has made violence a real political tool. Numerous testimonies and digital media are circulating to this effect on social networks as well as in press outlets. Particularly within At the French university, professors and prominent public figures, such as François Hollande, Fabrice Balanche, Sylvie Agacinski and Geoffroy Lejeune, are prevented from giving their lectures and are intimidated by activists claiming to be “antifas”. Acts justified, according to these activists, by their political affiliation. The facts are therefore documented, but no official and clear data from the Ministry of the interior or the Ministry of Justice is available in order to clearly measure the extent of this violence and the actions, however political, of these small groups and whether or not they represent a real threat to internal security. As legislators, this data is essential to provide law enforcement with effective tools to address this structural problem. He asks him when these statistics will be made public and, if applicable, when this data could be made public.
Question· Question écrite13075open
France · National Assembly · 24 February 2026
Mr. Jean-Didier Berger draws the attention of the Minister of Action and Public Accounts to the progress of the project to merge the Vitale card and the identity card. A real governmental chestnut for many years, this subject which should have been a priority of the Government of Gabriel Attal today seems to have come to a standstill. In a constrained budgetary context and as Parliament prepares to examine a bill aimed at fight against social fraud, the merger of these two cards could prove strategic in the prevention of fraud. Indeed, the fight against social embezzlement involves, among other things, a verification which should be systematic of the identity of the beneficiary. However, today, this is not the case. Beyond an act of simplification which would also be welcome, the merger of the Vitale card and the identity card would be a major step forward in the fight against fraud. He would like to know the progress of this project.
Question· Question écrite12342open
France · National Assembly · 20 January 2026
Ministry of Health, Families, Autonomy and People with Disabilities
Question· Question écrite11877open
France · National Assembly · 23 December 2025
Ministry of Ecological Transition, Biodiversity and International Negotiations on Climate and Nature
Question· Question écrite11729open
France · National Assembly · 16 December 2025
Mr. Jean-Didier Berger draws the attention of the Keeper of the Seals, Minister of Justice, to the territorial consequences of the current birth registration system. Pursuant to article 55 of the civil code, births are declared to the registrar of the place of birth. In a context of concentration of maternities, this rule leads to almost all births being recorded in a number limited number of hospital-based municipalities, while many residential municipalities, sometimes experiencing strong demographic growth, no longer see or hardly any births recorded on their registers. Beyond the legal aspect, this situation nourishes a feeling of symbolic erasure for municipalities where families live, work, educate their children and get involved locally, without this anchoring appearing in the birth certificates. At the same time, the dematerialization of civil status and the security of exchanges between administrations now offer tools that would make it possible to better involve the municipality of residence in birth registration. He recalls that a bill adopted by the Senate aims to offer parents the possibility of choosing between the place of birth and the municipality of residence for the declaration of birth, without calling into question the requirements of legal certainty of acts. He would like to know the Government's position on this development of the law and asks if it intends, on the one hand, to encourage the inclusion of this proposed law on the agenda of the National Assembly at an early date and, on the other hand, to study, if necessary, complementary solutions, such as the systematic transcription of acts of birth in the municipality of residence of the parents, in order to better involve municipalities without maternity wards in the holding of acts concerning their inhabitants.
Question· Question écrite11715open
France · National Assembly · 16 December 2025
Ministry of Higher Education, Research and Space
Question· Question écrite11692answered
France · National Assembly · 16 December 2025
Article 13 of Law No. 2025-1249 of December 22, 2025 creating a status for local elected officials removed the incompatibility of the functions of community advisor with the exercise of salaried employment within a municipality that is a member of the public establishment of intermunicipal cooperation (EPCI) with its own taxation. If the Government does not have an assessment of the impact of this incompatibility on the exercise of local mandates in small municipalities, the proposed development is however satisfied in view of its recent suppression by the legislator.
Question· Question écrite11597open
France · National Assembly · 9 December 2025
Ministry of Economy, Finance and Industrial, Energy and Digital Sovereignty
Question· Question écrite9402answered
France · National Assembly · 19 August 2025
Mr. Jean-Didier Berger draws the attention of the Minister to the Minister of Regional Planning and Decentralization, responsible for transport, to the interpretation of article L. 118-5-1 of the road network code, resulting from the mobility orientation law of December 24, 2019. This article provides that "no parking space may be provided on the roadway, five meters upstream of the pedestrian crossing", in order to ensure the safety of pedestrian paths through better mutual visibility. However, ambiguity remains over the exact scope of this ban. The wording could suggest that it only applies to future developments, that is to say the creation of sites subsequent to the promulgation of the law. Conversely, certain interpretations, including administrative ones, consider that this provision also applies to already existing parking spaces, which should therefore be removed or neutralized before December 31, 2026. This legal uncertainty complicates the local implementation of the law and creates tensions between the requirement for pedestrian safety and the need to maintain a sufficient parking supply, particularly in dense urban areas. He therefore asks him whether the prohibition mentioned in article L. 118-5-1 must be understood as the removal of any existing location located less than five meters from a pedestrian crossing or only as applying to new developments carried out after the publication of the law.
Question· Question écrite7381open
France · National Assembly · 10 June 2025
Mr. Jean-Didier Berger questions the Minister of the Economy, Finance and Industrial and Digital Sovereignty on the position of the tax administration regarding fiscal neutrality during the transformation of an individual company with limited liability (EIRL) into a capital company. Currently, for EIRLs having opted for corporate tax, the contribution or transfer made for the benefit of a company necessarily leads to the tax consequences of a dissolution and liquidation of the EIRL, within the meaning of article 201 of the general tax code (CGI), with a principle of taxation of the EIRL on the capital gains it has realized and a taxation of the liquidation bonus in the category of income from movable capital. This position is very penalizing for entrepreneurs who wish to change their mode of exercise by moving from a company individual to a company. In addition, it leads to unequal treatment between EIRLs with corporate tax, which cannot benefit from a tax deferral, and other legal forms, in particular: sole proprietorships (EI) and EIRLs with income tax, which can benefit from a tax deferral, under article 151 octies of the CGI); single-member companies with limited liability (EURL) and limited liability companies (SARL), which can benefit from a tax deferral, under article 150-0 B ter of the CGI. This situation insulates EIRLs from corporate income tax and hinders the evolution of the entrepreneurs concerned towards another form of company. However, article 1655 sexies of the CGI provides that an individual entrepreneur who carries out his activity within the framework of an EIRL can already opt for assimilation to an EURL. Consequently, if the EIRL is transformed into a real EURL and it is no longer simply an assimilation, this operation should be fiscally neutral, provided that no modification is made to the registration values. Today, the positions of local tax centers differ on this subject, leading to a new inequality of treatment between entrepreneurs in the territory. national. Thus, in continuation of the law of February 14, 2022 in favor of independent professional activity, which aims to support the extinction of EIRLs, he asks whether he plans to modify article 151 octies of the CGI or article 150-0-B ter of the CGI, in order to allow the possibilities of fiscal neutrality to be broadened when transforming an EIRL for corporate tax into a capital company.
Question· Question écrite7104answered
France · National Assembly · 27 May 2025
The PACTE law established a right to transfer retirement savings plans (PER), provided for in Article L. 224-6 of the Monetary and Financial Code, without conditions of a legal or commercial nature from the manager, and without fees beyond five years of holding. The decree of August 7, 2019 specifies the technical modalities of this transfer, in particular the exchanges of information between “old” and “new” manager, without however restricting the scope of application of the legal principle. In the absence of a contrary provision, the transfer is therefore possible between two PERs, including when they are managed by the same insurance company. The case mentioned seems to arise not from a refusal of transfer in the strict sense, but from a commercial decision not to market a second PER likely to receive the transfer. However, the marketing of a product falls under contractual freedom of the insurer, who has no obligation to open a new plan. To date, the competent services of the ACPR and the Ministry of Finance have not identified such practices of refusal of transfers between PERs within the same insurance company. The ministry's services nevertheless remain attentive to any documented report that may reveal unjustified obstacles, which disregard the rights of policyholders.
Question· Question écrite5873open
France · National Assembly · 15 April 2025
Mr. Jean-Didier Berger draws the attention of the Minister to the Minister of Labor, Health, Solidarity and Families, responsible for health and access to care, to the need to publish the decree provided for by article 39 of the law of December 24, 2019 on financing social security. This article provides for the possibility of restoring certain medical devices to good usable condition, subject to the publication of a decree defining the list of devices concerned. To date, this decree has not been published, thus preventing corrective optical equipment from being returned to good usable condition for marketing. However, several tens of thousands of corrective optical equipment could be reused each year, thus responding to the concerns of the French in terms of responsible consumption and contributing to the sustainability of the budget of the social security. He asks him to kindly indicate what the Government's intentions are regarding the publication of this decree and to include corrective optical equipment among the medical devices that can be returned to good usable condition.
Question· Question écrite5588answered
France · National Assembly · 1 April 2025
Mr. Jean-Didier Berger draws the attention of the Minister to the Minister of Regional Planning and Decentralization, responsible for housing, to the consequences of the decree of January 16, 2025 relating to compensation for members of the boards of directors and supervisory boards of social housing organizations. There are a total of 12,000 volunteer administrators spread across almost 700 social landlords. This decree imposes ceilings strict for administrators' compensation, in particular a limitation of 72 hours per year for plenary sessions and 96 hours per year for office and commission meetings, with an hourly compensation not exceeding 1.5 times the minimum wage. These regulatory provisions risk having significant negative consequences on the operation of social housing organizations, in particular by discouraging volunteer administrators, whose commitment is essential for the effective management of social housing organizations and the participation of residents in their bodies. In addition, these ceilings could create inequalities between administrators, depending on their personal and professional situation, in particular for unemployed or retired people. The function of administrator of a social housing organization does not consists not only of participating in meetings but also of preparing for these meetings, of consulting with tenants, of making field visits to assess the opportunity or urgency of certain projects. This decree does not take into account the travel time of the people concerned who sometimes have to go to the other end of their department for sometimes short meetings. Finally, the decree in question aligns the compensation kilometers on the regime of civil servants when it is not a question of civil servants traveling within the framework of their duties. In view of these concerns, he asks her if she will re-study the consequences of this decree and organize a negotiation with the federations of social landlords and the tenants' associations, which include elected administrators, in order to find a balanced solution adapted to the commitment of administrators.
Question· Question écrite5129answered
France · National Assembly · 18 March 2025
Afin de permettre aux départements d'augmenter leurs ressources fiscales dans un contexte marqué par la hausse de leurs dépenses et la baisse du nombre de mutations immobilières constatée en 2023 et 2024, le II de article 116 de la loi n° 2025-127 du 14 février 2025 de finances pour 2025 a introduit un dispositif dérogatoire autorisant les conseils départementaux à rehausser le taux de la taxe de publicité foncière ou du droit d'enregistrement prévu à article 1594 D du code général des impôts (CGI) au-delà de 4,5 % et dans la limite de 5 %. Cette possibilité n'est offerte que pour les actes et conventions conclus à partir du 1er avril 2025 et jusqu'au 31 mars 2028, sous réserve d'avoir délibéré selon le calendrier d'entrée en vigueur prévu au III de article 116 susmentionné. Toutefois, ce rehaussement du taux ne s'applique pas aux primo-accédants au sens du I de article L. 31-10-3 du code de la construction et de l'habitation (CCH), c'est-à-dire aux acquéreurs n'ayant pas été propriétaires de leur résidence principale les deux dernières années précédant la signature de l'acte d'acquisition lorsque le bien acquis est destiné à un usage de résidence principale. S'agissant des couples, la condition de première propriété s'apprécie de la façon suivante. Dans le cadre d'une acquisition en indivision, chaque indivisaire a une quote-part des droits sur le bien (Code civil, art. 815-3). Ainsi, l'absence de hausse temporaire de droits de mutation à titre onéreux (DMTO), prévue au B du II de article 116 de la loi de finances pour 2025 bénéficie à chaque acquéreur indivisaire répondant personnellement à la qualification de primo-accédant à hauteur de sa quote-part. Cette règle s'applique aux concubins, personnes liées par un pacte civil de solidarité ainsi qu'aux époux mariés sous un régime de séparation de biens. En revanche, en présence d'acquisition par des couples mariés sous le régime de la communauté réduite aux acquêts ou de la communauté universelle, les deux membres du couple doivent répondre à la qualification de primo-accédant afin que la hausse temporaire de DMTO ne soit pas appliquée. Toutefois, en présence d'une acquisition faite par un seul des époux mariés sous un régime communautaire, la condition de première propriété ne sera requise que pour lui seul, si l'acquisition est faite sur ses fonds propres, remploi ou subrogation de bien propre en respectant la double déclaration dans l'acte.
Question· Question écrite4468open
France · National Assembly · 25 February 2025
Mr. Jean-Didier Berger draws the attention of the Minister of the Economy, Finance and Industrial and Digital Sovereignty to the tax and social regime for severance pay paid to contract workers and public employees, which differs from employees in the private sector. The sums paid upon termination of an employment contract, listed in Article 80 duodecies of the General Tax Code (CGI), are partially or totally exempt from income tax and social security contributions. This article refers in its last paragraph “to the specific compensation for contractual termination paid in application of I of article 72 of law no. 2019-828 of August 6, 2019 on the transformation of the civil service and article L. 552-1 of the general civil service code”. Severance pay paid by a public employer to a civil servant or agent contractual under public law are not explicitly mentioned in the article of the CGI. Consequently, these compensations must be fully subject to income tax, social contributions, CSG, CRDS and unemployment insurance contributions (Cass. civ. 2e, January 25, 2018, no. 17-11.442). Since 2020, the finance and social security financing laws have aligned the tax and social regime of compensation for conventional termination in the public service on that applicable to employees in the private sector. However, to date, no provision has been made to align the system of severance pay paid to public employees, which can be explained by the rarity of this situation. This anomaly seems to be the result of an oversight by the legislator, because public officials do not depend on the labor code, but on a 1986 decree. which governs their working conditions. Thus, a public law contractual agent will see his severance pay reduced by almost 30% compared to that of an employee in the private sector, due to this difference in tax and social treatment. Senator Jérôme Bascher had already raised this question in 2022, but it remained unanswered following the end of his mandate. The Constitutional Council, seized of a question priority of constitutionality, confirmed in early 2023 that this differentiated taxation is not unconstitutional in the absence of specific text. However, this decision cannot justify this anomaly. He therefore asks him what measures he intends to take to restore tax and social equity between public officials and employees in the private sector, by aligning the severance pay regime with that applicable to private sector employees.
Question· Question écrite4115open
France · National Assembly · 18 February 2025
Ministry attached to the Minister of Labor, Health, Solidarity and Families, responsible for health and access to care
Question· Question écrite2676answered
France · National Assembly · 3 December 2024
Mr. Jean-Didier Berger questions the Minister Delegate to the Minister for Partnership with Territories and Decentralization, responsible for transport, on the planned study of an extension of line 4 of the Paris metro towards Verrières-le-Buisson. This project for the southern extension of line 4 of the Paris metro, which currently stops at Bagneux, could ultimately make it possible to connect with the T10 tramway and to serve areas poorly equipped with public transport. The extension presents significant advantages, such as the optimization of the main RER B line, which is very disrupted, by removing the short branch of the RER B between Bourg-la-Reine and Robinson. Thus, all of the trains would use the main line which serves the south of Hauts-de-Seine, the north-west of Essonne, Massy-Verrières, via Palaiseau, Orsay, Bures and Gif-sur-Yvette, as far as Saint-Rémy-lès-Chevreuse in Yvelines. This extension of the metro, using part of the existing tracks of the short deleted RER branch, could result in less expensive construction. This extension also makes it possible to respond to the recommendations of the SDRIF to better serve the south of Hauts-de-Seine (Sceaux, Bourg-la-Reine, Fontenay-aux-Roses, le Plessis-Robinson, Châtenay-Malabry) and the north of Essonne to Verrières-le-Buisson, areas experiencing strong demographic development but still poorly served. Finally, this extension of line 4 should allow coherent networking with the T10 tram at Chatenay-Malabry and reduce bus networks, which require more resources and are less efficient. While this project was included in the State-Region Plan Contract (CPER) 2023-2027 for study, local elected officials were not informed of the planned steps regarding this project. Also, he questions him about the next steps planned regarding the extension of line 4.
Question· Question écrite2612open
France · National Assembly · 3 December 2024
Mr. Jean-Didier Berger questions the Minister of Solidarity, Autonomy and Equality between Women and Men on the figures highlighted by the Court of Auditors in its certification report published in May 2024. The latter refused to approve the 2023 accounts of the family branch and the National Family Allowance Fund (CNAF). This decision is largely based on the significant number of uncorrected errors despite internal control systems. The Court notably highlighted a high residual risk, based on the data declared at 24 months, which reached 7.4% of the benefits paid. This represents an estimated amount of 5.5 billion euros in erroneous payments (undue or reminders) which will never be identified. Among these errors, residual overpayments - corresponding to non-fraudulent and undetected overpayments which will remain irrecoverable - therefore amount to 6.3% of benefits, or approximately 4.6 billion euros. As for residual reminders - the amounts due but not paid to beneficiaries - they reach 1.1%, which represents almost 0.9 billion euros. These figures are alarming and cast doubt on the ability of CAFs to detect these anomalies. Undue payments are slightly increasing compared to 2022, when they were between 5.5 and 6.8%. services. Furthermore, these figures add to the fraudulent maneuvers which represent a significant burden for the solidarity system. The family branch carried out a fraud assessment in 2023, as it does every two years. According to the Court of Auditors, potential fraud “represents 4.9% of the legal services paid” by the CNAF, or 3.9 billion euros, an increase of 39% compared to the previous evaluation in 2021. If we combine the fraudulent maneuvers and errors, we reach the amount of 8.5 billion euros that the CNAF should not have paid. And if we add the errors and fraud identified on health costs in the health sector, the French social system pays 13.5 billion euros (1.9 billion euros of fraud and 3.1 billion euros in undue amounts on health costs for 2023 according to the Court of Auditors). This calculation does not include other benefits affected by errors and fraud (IJ of the sickness branch, disability pensions, IJ AT-MPh, etc.) It asks for the concrete measures that the Government intends to put in place, in particular at the level of the CNAF algorithms and in terms of controls with the CAF, to reduce these non-fraudulent overpayments.