COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in France Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: France, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 810 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report           Country Chapter on the rule of law situation in France Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                                    The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The Government initiated a number of measures to improve the quality and efficiency of the 
justice  system,  in  particular  as  a  follow-up  to  the  findings  of  the  Committee  of  the  Estates 
General of Justice. Significant steps were taken to ensure adequate human resources for the 
justice system, and the ongoing projects aimed at full digitalisation of civil and criminal court 
proceedings  further  advanced.  The  status  of  prosecutors,  as  regards  both  their  disciplinary 
regime and appointment rules, is still subject to ongoing constitutional reforms, which have not 
advanced due to the current absence of a political majority. A reform of the civil procedure 
envisages  to  develop  further  amicable  settlement  of  disputes,  including  through  split 
proceedings. The overall length of court proceedings decreased and increasing resources can 
be expected to further improve judicial efficiency.  

The 2020-2022 national anti-corruption plan was implemented successfully, with the next anti-
corruption plan (2023-2025) in preparation. Results have been achieved in the prosecution and 
sanctioning  of  high-level  corruption  offences,  while  the  investigations  are  impacted  by 
structural  and  resource  challenges.  The  Anti-Corruption  Agency  continues  to  deliver 
supporting  tools,  although  its  operational  effectiveness  is  weakened  by  the  instability  of 
resources available. Measures on the integrity of public officials continue to be monitored and 
largely implemented, and this is also the case for members of the Parliament and the Senate, 
though suggestions for improvement have not been addressed. Regular audits on political party 
finances continue, while the existing concerns on the type of lobbying activities and lobbyists 
remain  unaddressed.  There  is  room  for  further  progress  regarding  integrity-related  security 
checks  in  the  police  and  the  disciplinary  authority  over  judges.  While  new  rules  for  the 
protection of whistleblowers are in place, the lack of resources risks adversely affecting their 
implementation. 

The legal framework concerning media pluralism and media freedom, safeguards freedom of 
expression as well as pluralism and independence of the media. The media regulator “Autorité 
de régulation de la communication audiovisuelle et numérique” (ARCOM) continues to operate 
as  an  independent  body  in  the  entire  field  of  audiovisual  and  digital  content  with  adequate 
resources. No further action has been taken to enhance the transparency of media ownership, 
in  particular  regarding  complex  shareholding  structures,  building  on  the  existing  legal 
safeguards. Established safeguards continue to guarantee the independence of public service 
media,  while  a  recently  adopted  law  has  removed  the  public  broadcasting  fee.  Journalists 
continue to be exposed to threats and attacks, in spite of the measures that were designed to 
reinforce their security in the context of protests and demonstrations.  

The Government made a wide use of mechanisms, which are allowed under the Constitution, 
for fast-track legislative procedures which shorten or curtail parliamentary debate on legislative 
proposals. Emergency regimes were repealed and a permanent committee for managing health 
risks  was  created.  The  transparency  and  adversarial  aspect  of  the  procedure  for  ex  ante 
constitutional review were enhanced. Judicial decisions recalled the administration’s obligation 
to ensure the transparency and justify the necessity of orders prohibiting demonstrations. While 
the financial environment of civil society organisations remains favourable, stakeholders raised 
concerns on the implementation  of legislation  which conditions  access  to public  funding  to 
respect for the fundamental values of the French Republic. 

1 

 
RECOMMENDATIONS  

Overall, concerning the recommendations in the 2022 Rule of Law Report, France has made: 

  Some  progress  on  continuing  efforts  to  complete  ongoing  projects  aimed  at  full 

digitalisation of civil and criminal court proceedings. 

  Significant  progress  on  continuing  efforts  to  ensure  adequate  human  resources  for  the 
justice system, including to improve its efficiency, taking into account European standards 
on resources for the justice system. 

  Significant progress on continuing the effective investigation, prosecution and sanctioning 

of high-level corruption offences. 

  No  progress  on  ensuring  that  rules  on  lobbying  activities  are  consistently  applied  to  all 

relevant actors, including at top executive level. 

  No  further  progress  on  enhancing  the  transparency  of  media  ownership,  in  particular 
regarding complex shareholding structures, building on the existing legal safeguards. 

On this basis, and considering other developments that took place in the period of reference, it 
is recommended to France to: 

  Further continue efforts to complete ongoing projects aimed at full digitalisation of civil 

and criminal court proceedings.  

  Further continue efforts made to ensure adequate human resources for the justice system, 
particularly  by  completing  the  development  of  the  workload  measuring  tools  to  better 
evaluate the needs. 

  Ensure  that  rules  on  lobbying  activities  are  consistently  applied  to  all  relevant  actors, 

including at top executive level. 

  Step  up  efforts  to  improve  the  transparency  of  media  ownership,  in  particular,  complex 

shareholding structures, building on the existing legal safeguards. 

2 

 
 
I. 

JUSTICE SYSTEM  

The justice system is composed of two autonomous branches of courts: ordinary courts with 
jurisdiction in civil and criminal cases on the one hand, and administrative courts on the other 
hand. Both branches consist of three levels of courts, with first instance courts, courts of appeal 
and an upper court (the Court of Cassation and the Council of State, respectively). The Council 
of State also has an advisory branch that provides opinions on draft legislation, and is tasked 
with the management of the administrative tribunals and courts of appeal. The High Council 
for  the  Judiciary,  half  of  whose  members  are  magistrates  elected  by  their  peers1,  plays  an 
important role in safeguarding judicial independence. It nominates candidates for top judicial 
functions and, as regards the appointment of judges by the Minister of Justice, issues binding 
opinions2. The prosecution service is part of the judiciary, and falls under the authority of the 
Minister of Justice3. The latter can give general instructions on prosecution policy but is barred 
from  giving  instructions  in  individual  cases4.  In  addition,  the  Constitutional  Council  is 
competent to verify the constitutionality of laws. France participates in the European Public 
Prosecutor’s Office (EPPO). Lawyers are represented by various bar associations throughout 
France. 

Independence  

The level of perceived judicial independence in France continues to be average among the 
general  public  and  is  now  average  among  companies.  Overall,  53%  of  the  general 
population and 46% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20235. According to data in the 2023 EU Justice Scoreboard, the 
perceived judicial independence among the general public has decreased in the last years. The 
level of perceived judicial independence among the general public has decreased in comparison 
with 2022 (56%), as well as with 2016 (54%). The level of perceived judicial independence 
among companies has decreased in comparison with 2022 (61%), as well as with 2016 (59%).  

The procedure opened against the Minister of Justice is continuing. As described in the 
2022 Rule of Law Report6, the Minister of Justice was indicted before a special court, the Court 

1   The High Council for the Judiciary has two distinct formations. For the formation relating to judges, the High 
Council  for  the  Judiciary  is  comprised  of  the  President  of  the  Court  of  Cassation,  five  judges,  one  public 
prosecutor, one member of the Council of State, one lawyer, and six other qualified members, who are not 
affiliated with the Parliament, the judiciary or the administrative order. An additional judge completes this 
formation when acting as a disciplinary council. For the formation relating to prosecutors, the High Council 
of the Judiciary is comprised of the General Prosecutor of the Court of Cassation, five public prosecutors, one 
judge, the same member of the Council of State as mentioned above, the same lawyer as mentioned above and 
the same six other qualified members as mentioned above. An additional prosecutor completes this formation 
when acting as a disciplinary council.  

2   Prosecutors are currently nominated by the Minister of Justice, following an advisory opinion of the Council, 

which has been followed in practice since 2008.  
3   Art. 5 of Ordinance 58-1270 of 22 December 1958.  
4   Art. 1of Law 2013-669 of 25 July 2013 and Art. 30 of the Code of Criminal Procedure. This prohibition is 

respected in practice. 

5   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

6   2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 5. 

3 

 
                                                           
of Justice of the Republic (CJR)7, for alleged illegal taking of interest following administrative 
investigations  he  ordered,  on  the  recommendation  of  his  administration,  against  three 
magistrates8. On 3 October 2022, the investigation commission9 notified the Minister with the 
decision  to  open  the  trial  phase  before  the  CJR10.  An  appeal  to  the  Court  of  Cassation  is 
currently pending, so this decision is not final. 

A draft law foresees modifications to the disciplinary regime for magistrates in relation 
to individual complaints. A draft organic law, presented by the Government to the Council of 
Ministers on 3 May 2023,11 aims to simplify the admissibility conditions of complaints lodged 
by litigants12 against magistrates with the High Council for the Judiciary and strengthen the 
investigative powers of the latter’s panel ruling on the admissibility of such complaints (the 
‘filtering panel’). In its observations on the draft law13, the High Council assessed negatively 
several proposed changes giving more powers to the Minister of Justice14 and easing procedural 
requirements for individual complaints15, in order to reinforce the confidence of citizens in the 
judiciary. The draft law also aims to increase the dialogue between the High Council and the 
Ministry  of  justice,  thus  helping  the  latter  to  better  identify  systemic  malfunctions16.  While 
welcoming the broader powers of investigation which would be assigned to the filtering panel, 

7   This special court is competent to hear criminal cases relating to acts of members of the Government in the 

exercise of their functions. 

8   In September and October 2022, the disciplinary panels of the High Council for the Judiciary considered that 
the  judge  and  prosecutors  concerned  had  not  committed  any  disciplinary  offence.  In  its  decision  of  15 
September 2022, the High Council noted that the Minister of Justice found himself in an “objective situation 
of conflict of interest” by ordering an administrative investigation against the former judge involved. However, 
the  High  Council  considered  “that  this  conflict  of  interest  had  had  no  impact  on  the  conduct  of  the 
administrative investigation and that, in any event, any irregularity in the latter would have had no effect on 
the validity of the referral to the Council, for which it is not a necessary precondition”. 

9   The investigation commission, made up of three judges from the Court of Cassation, conducts hearings and 

decides whether or not to refer the accused to the Court of Justice of the Republic (CJR).  

10   On 21 April 2023, the Constitutional Council dismissed as ineffective a preliminary constitutionality question 
raised by the Minister of Justice to challenge the validity of the provisions of the Criminal Procedure Code 
relied upon to order a search in the premises of the Ministry of Justice as part of the CJR’s investigation in 
July 2021; Constitutional Council Decision No. 2023-1046 QPC of 21 April 2023.  

11   Draft organic law relating to the opening, modernization and accountability of the judiciary. 
12   In its opinion of 24 September 2021 on the accountability and protection of magistrates, the High Council for 
the Judiciary recommended modifying the regime applicable to individual complaints, the vast majority of 
which are declared inadmissible or rejected as unfounded. See 2021 and 2022 Rule of Law Report, Country 
Chapter on the rule of law situation in France, pp. 3-4 and 3-5, respectively.  

13   High  Council  for  the  Judiciary,  observations  on  the  preliminary  draft  organic  law  relating  to  the  opening, 
modernization and accountability of the judiciary, 12 April 2023. In its preliminary observations, High Council 
notes that it was consulted late in the legislative process and that the draft law includes almost none of the 
proposal that it made in its opinion of 24 September 2021 on the accountability and protection of magistrates. 
14   Observations of the High Council for the Judiciary of 12 April 2023, para. 33-36. The High Council expressed 
reservations as to the systematic hearing of the magistrate concerned when a complaint is declared admissible, 
noting  that  written  observations  requested  by  the  admissibility  panel  are  usually  sufficient,  whereas  oral 
hearings could destabilise magistrates. The High Council also disagreed with providing the notification of all 
decisions by the admissions panel to the Minister of Justice, who is currently only informed of decisions to 
refer to the Disciplinary Board and to reject complaints declared admissible. Finally, it assessed negatively the 
possibility, for the High Council, to request opening an administrative enquiry to the Minister of Justice, who 
would retain a discretionary power to do so. 

15   Ibid., para. 36-37. In particular, the High Council opposes eliminating the admissibility requirements that the 

complaint contains structured grounds and be signed by its author.  

16   The purpose of this  mechanism is to enable the Minister to deal with inadmissible or recurring complaints 

indicating potential structural issues requiring general measures. 

4 

 
                                                           
the Venice Commission recommended making additional changes to the disciplinary regime 
for magistrates17. In addition, the GRECO has recommended to concentrate the disciplinary 
authority  over  judges  within  the  Judicial  Service  Commission,  however,  this  has  not  been 
followed up yet18. 

The  status  of  prosecutors,  as  regards  both  their  disciplinary  regime  and  appointment 
rules,  is  still  subject  to  ongoing  constitutional  reforms,  which  have  not  advanced.  The 
Committee of the Estates General of Justice19 highlighted the need to increase the prosecutor’s 
offices’  independence  by  completing  the  constitutional  reforms  already  initiated20.  The 
proposed constitutional amendments, which have been presented in previous reports and which 
remain pending before the Parliament21, would make the opinions of the High Council for the 
Judiciary binding on the Minister of Justice as regards both appointments and in disciplinary 
matters22. The opinions on appointments are always followed in practice, but the constitutional 
amendments would enshrine this practice in law23. 

Quality  

Significant  progress  was  made  as  regards  the  recommendation  to  continue  efforts  to 
ensure adequate human resources for the justice system, and initiatives are in progress 
to further address current needs. The 2022 Rule of Law Report recommended to France to 
“[c]ontinue  efforts  to  ensure  adequate  human  resources  for  the  justice  system,  including  to 
improve  its  efficiency,  taking  into  account  European  standards  on  resources  for  the  justice 
system”24. Following the final report of the Committee of the Estates General of Justice, which 
made a preliminary evaluation of additional needs25, the justice budget was further increased 

17   In particular, it recommended transferring the power to initiate proceedings from the Minister of Justice to the 
High Council for the Judiciary and making the statutory duties of judges more specific. See joint opinion of 
the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council 
of  Europe  on  the  Superior  Council  of  Magistracy  and  the  status  of  the  judiciary  as  regards  nominations, 
mutations, promotions and disciplinary procedures, adopted by the Venice Commission at its 135th Plenary 
Session (Venice, 9-10 June 2023), CDL-AD(2023)015-e, para. 58 and 67. 

18   GRECO Fourth Evaluation Round – Addendum to the Second Compliance Report, p. 10. 
19   This  independent  committee,  composed  of  representatives  of  the  judiciary,  the  bar  and  of  independent 
stakeholders, was entrusted with drafting a final report following the Estates General of Justice, a nation-wide 
consultation directed both at the general public and justice professionals. For more details on this consultation 
process, see 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, pp. 19-20.  

20   Final report of the Committee of the Estates General of Justice, p. 117. 
21   See 2021 and 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, pp. 3-4 and 

3-5, respectively. 

22   The Venice Commission also recommended to entrust the sole authority to impose disciplinary sanctions on 
prosecutors to the High Council and to align the disciplinary procedure for members of the prosecution service 
with that applicable to judges. CDL-AD(2023)015-e, para. 71. 

23   In  its  opinion  CDL-AD(2023)015-e,  the  Venice  Commission  underlines  that,  despite  this  practice,  the 
executive through its proposals exerts significant influence over the appointment process of prosecutors, which 
may create a risk of politicisation. It therefore recommends aligning the appointment procedure of prosecutors 
to the current procedure for judges, noting that it would be more in line with the principle of prosecutorial 
autonomy and European practice, although there are no clear-cut ‘standards’ as to how national authorities 
should organise the manner of appointment of prosecutors. 

24   2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 2. 
25   Noting a “chronic lack of investment” in the justice system, the Committee found a need to recruit  at least 
1 500 additional magistrates, not counting replacements following retirements, over the next five years. It also 
recommended to recruit no less than 2 000 additional contractual legal assistants, 500 additional court clerks 
and 2 000 additional agents for administrative and technical support (in particular for the deployment, adequate 

5 

 
                                                           
in 2023 by 8%, representing an additional investment of EUR 710 million26. The budget for 
legal aid was also increased to EUR 641 million in 2023, compared to EUR 615.2 million in 
2022.  As  regards  human  resources,  a  large  part  of  the  1 914  supporting  contractual  staff 
recruited  in  December  2021  was  converted  into  permanent  positions  in  the  2023  justice 
budget27.  A  draft  law  on  the  orientation  and  programming  of  justice28  provides  for  the 
recruitment  of  10 000  additional  staff  by  2027,  including  1 500  magistrates29,  1 500  court 
clerks as well as a large number of judicial assistants30. The draft law also proposes to simplify 
the  current  alternative  admissions  to  the  magistracy  for  experienced  law  professionals31. 
Workload measuring tools, currently in development, are expected to evaluate more precisely 
the number of magistrates and supporting staff needed to ensure the sustainability of the justice 
system32. The expanded budget for justice comprises an increase of approximately EUR 1 000 
in the gross monthly remuneration of magistrates in civil and criminal courts, now equal to the 
remuneration of administrative judges, and is expected to make the profession more attractive. 
Moreover, a ministerial order extended the benefit of an index bonus to all civil and criminal 
court  presidents33.  Therefore,  significant  progress  was  made  regarding 
the  2022 
recommendation to continue efforts to ensure adequate human resources for the justice system. 

Some progress was made on the recommendation to continue efforts to complete the full 
digitalisation  of  civil  and  criminal  court  proceedings.  The  2022  Rule  of  Law  Report 
recommended  to  France  to  “[c]ontinue  efforts  to  complete  ongoing  projects  aimed  at  full 
digitalisation  of  civil  and  criminal  court  proceedings”34.  In  2022,  following 
the 

use and maintenance of digital tools). See final report of the Committee of the Estates General of Justice, pp. 
23 and 86-90. 

26   Input from France for the 2023 Rule of Law Report, pp. 4-5. 
27   Ibid. 
28   Draft law on the orientation and programming of the Ministry of Justice 2023-2027, tabled in Parliament by 

the Government on 3 May 2023 under the accelerated procedure. 

29   To this effect, the total number of auditors of justice was increased to 380 in 2023 and will reach 470 in 2024, 
against 335 previously. There is currently no information if the resources assigned to the National School for 
the Judiciary will be adapted to accommodate the new training needs.  

30   The draft law also envisages to develop further the team around the magistrates, in particular by creating a 
new status for assistants to magistrates to consolidate their supporting role in the adjudication of cases. Under 
the proposed revision of the Code of Judicial Organisation, the newly created legal attachés, appointed under 
oath and submitted to professional secrecy, would provide assistance to judges and prosecutors in decision-
making,  administrative  activity  and  the  implementation  of  public  policies.  To  this  aim,  they  would  be 
empowered to attend the hearings and deliberations and access the relevant procedural files.  

31   The current alternatives to the competitive examination were criticised by the Committee the Estates General 
of  Justice  in  its  final  report  (pp.  135-139)  as  being  slow,  inconsistent  and  lacking  attractiveness.  While 
welcoming the proposed simplification, magistrates’ and lawyers’ associations highlight the need to provide 
adequate  training  for  all  categories  of  trainee  judges.  Information  received  from  the  Union  Syndicale  des 
Magistrats, the Syndicat de la Magistrature and the Bar Associations in the context of the country visit. See 
also contribution from the Délégation des Barreaux de France for the 2023 Rule of Law Report.  

32   At  pp.  81-82  of  its  final  report,  the  Committee  the  Estates  General  of  Justice  notes  that  the  absence  of 
sufficiently  precise  activity  indicators  leads  to  a  sub-optimal  allocation  of  resources,  with  important 
discrepancies between the workload of certain courts and its resources. The Ministry of Justice is still working 
on the development of a case weighting system. See 2022 Rule of Law Report, Country Chapter on the rule 
of law situation in France, pp. 9-10 and footnote 61. 

33   The  High  Council  for  the  Magistracy  however  notes  the  persistence  of  the  lack  of  attractiveness  of  the 
functions of head of court, which remain difficult to fill, mostly due to personal factors, and the need to create 
additional incentives to apply for such positions. See High Council for the Magistracy, 2022 Annual Activity 
Report, p. 30.  

34   2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 2. 

6 

 
                                                           
recommendations of the Court of Audit35, progress was made in implementing the Procédure 
Pénale  Numérique  (PPN)36,  a  project  to  digitalise  all  steps  of  the  criminal  procedure37.  As 
regards civil proceedings, Portalis, a project aiming to merge all eight existing applications, 
was initiated and is currently being tested in nine labour courts. It will be extended in 2023 to 
all labour courts38. The development of electronic signatures39 and the deployment of the Legal 
Aid Information System (SIAJ), which enables digital legal aid procedures40, also continued. 
A new digital transformation plan is being drawn up to strengthen and secure networks and 
further  improve  existing  software41.  However,  France  remains  among  the  lowest-ranking 
Member States as regards the use of digital technology by courts and prosecution services and 
the availability of secure electronic communication tools for courts and prosecution services42. 
Therefore, some progress has been made on the recommendation made in the 2022 Rule of 
Law Report to continue efforts to complete ongoing projects aimed at full digitalisation of civil 
and criminal court proceedings. 

Online  access  to  court  decisions  improved  further,  and  the  Constitutional  Council 
launched  a  new  digital  portal  for  case  law  on  priority  questions  of  constitutionality. 
Overall, since the entry into force of new legislation providing for the availability of decisions 
in open data for some courts43, France made considerable progress as regards the online access 
to published judgments by the general public44. Moreover, the Constitutional Council launched 
a  new  online  portal45  containing  relevant  information  on  the  priority  questions  of 
constitutionality  (QPC)46.  It  gives  access  to  decisions  of  the  Constitutional  Council  on  the 

35   Court of Audit, Communication to the Finance Committee of the Senate, ‘Improving the functioning of justice 
– stage point of the digital transformation plan of the Ministry of Justice’. See 2022 Rule of  Law  Report, 
Country Chapter on the rule of law situation in France, pp. 6-7. 

36   ‘Digital Criminal Procedures’. For more details on this project, see 2022 Rule of Law Report, Country Chapter 

on the rule of law situation in France, pp. 6-7.  

37   In 2022, more than 800 000 fully digital procedures were communicated by the Ministry of the Interior to the 
Ministry  of  Justice  through  the  PPN  application.  95%  of  courts  benefit  from  the  automated  recording  of 
procedures classified  without  prosecution. In addition, 53 courts deal  with at least one procedural step for 
misdemeanours through PPN (summons by judicial police officer or deferral). 32 of them have widened the 
scope of cases transmitted and processed through PPN (such as appearances on prior admission of guilt or the 
execution of sentences). Input from France for the 2023 Rule of Law Report, p. 7. 

38   It  is  planned  to  develop  further  the  Portalis  application  to  support  other  disputes  and  cover  all  civil 

proceedings. Input from France for the 2023 Rule of Law Report, p. 7. 

39   Ibid. Development on the issue of data storage is expected to be completed by 2024, primarily for procedures 

of injunction to pay. 

40   By  the  end  of  2022,  more  than  80%  of  mainland  civil  and  criminal  courts  were  equipped  with  SIAJ.  The 
interface of the SIAJ application was also modernised. Input from France for the 2023 Rule of Law Report, 
p. 8. For more information on the SIAJ application, see 2022 Rule of Law Report, Country Chapter on the rule 
of law situation in France, p. 7. 

41   Input from France for the 2023 Rule of Law Report, p. 6. The digital transformation plan 2023-2027 will be 
built around three main objectives: 1) providing support to courts, through enhanced network, equipment and 
dedicated IT technicians, 2) improving existing software, including by  merging the numerous applications 
used in criminal proceedings, and 3) reaching fully digital procedures by 2027 in all types of litigation, in 
particular by implementing electronic signatures, digital communication and storage of procedural acts. See 
press release of the Ministry of Justice of 14 February 2023. 

42   Figures 42-44, 2023 EU Justice Scoreboard. 
43   In this respect, see 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, pp. 7-8 

and footnote 40. 

44   Figure 47, 2023 EU Justice Scoreboard. See, for comparison, Figure 48, 2022 EU Justice Scoreboard. 
45   The QPC360° portal is accessible at https://qpc360.conseil-constitutionnel.fr/.  
46   The  QPC is a procedure, provided for since 2008 in article 61-1 of the Constitution, allowing a litigant to 
challenge a law infringing the rights and freedoms protected by the Constitution by raising a question during 

7 

 
                                                           
questions referred, as well as to those of all civil, criminal, and administrative courts on the 
admissibility, referral  and  procedural  aspects  of  such questions, thus  giving  an overview of 
relevant case law to citizens and law practitioners.  

A reform of the civil procedure envisages to further encourage the amicable settlement 
of  disputes,  including  through  split  proceedings.  The  draft  law  on  the  orientation  and 
programming of justice47 aims at encouraging Alternative Dispute Resolution (ADR), in line 
with  the  Committee  of  the  Estates  General  of  Justice’s  recommendation  to  extend  such 
procedures, without however making prior recourse to ADR mandatory for parties48. The draft 
law foresees to recast the code of civil procedure to clarify the existing modes of ADR, and 
increase the compensation of lawyers under the legal aid regime when resorting to ADR, to 
encourage  their  use.  It  is  also  proposed  to  introduce  the  possibility  for  the  judge  to  split 
proceedings, by adjudicating on the main substantive issues of the dispute and referring the 
parties to amicable settlement for ancillary issues such as the amount of compensation49.  

The  Code  of  Criminal  Procedure  is  to  be  recast  to  improve  its  clarity  and  legibility. 
Following the recommendations of the Committee of the Estates General of Justice50, the draft 
law  on  programming  of  justice51  proposes  to  empower  the  Government  to  reorganise  the 
legislative part of the Code of Criminal Procedure, without amending its provisions, to improve 
its clarity and legibility. The draft law also contains specific provisions aimed at simplifying 
criminal procedure to facilitate investigations52. 

The imposition of fixed fines was extended to a wider list of criminal offences, with limits 
on recourse to a judge. Fixed fines53 are pecuniary penalties that can be implemented directly 
by law enforcement officers upon observing  in flagrante certain criminal offences of minor 
gravity. They can be paid immediately if the perpetrator acknowledges the facts. Their payment 
terminates prosecution, but the offence appears in the criminal record of the perpetrator and 
limits the right to challenge the sanction in court54. A law adopted in January 2023 widened 

court proceedings.  If the question  meets all the admissibility conditions, the court seized of the  main case 
refers it either to the Court of Cassation or the Council of State, which decides whether to refer the question 
to the Constitutional Council.  

47   Draft law on the orientation and programming of the Ministry of Justice 2023-2027. 
48   The Committee recommended to foster optional recourse to ADR, in particular amicable settlement of dispute, 
through a  coherent overall policy and  without creating additional  workload for judges,  who should have a 
central role in preparing and orienting the procedure. See final report of the Committee of the Estates General 
of Justice, pp. 179-180. 

49   Split civil proceedings, in French “césure”, could allow shortening the main proceedings by allowing the judge 

to concentrate on the more complex legal issues. 

50   At p. 195 of its final report, the Committee of the Estates General of Justice assessed that an overhaul of the 
Criminal  Procedure  Code  was  necessary  in  the  face  of  the  increasing  complexity  of  the  rules  of  criminal 
procedure, leading to legal uncertainty and impracticalities. 

51   Draft law on the orientation and programming of the Ministry of Justice 2023-2027. 
52   In particular, the draft law is foreseeing a modification of the search regime, a reform of the status of assisted 

witness, and a limitation of pre-trial detention. 

53   Initially  provided  for  certain  traffic  offenses  by  Law  No.  2016-1547  of  18  November  2016  on  the 
modernization  of  justice,  this  procedure  was  afterwards  extended  to  the  illicit  occupation  of  land,  then  to 
certain petty offenses including the use of narcotics. 

54   Law  enforcement  officers  may  decide  to  impose  a  criminal  sanction  without  referring  it  to  the  judicial 
authority, and assess  the  guilt of the persons concerned upon observing the facts. To challenge the  fine  in 
court, the accused must deposit a sum equivalent to its amount and is not notified of the entire report of the 
finding of the offense.  

8 

 
                                                           
the scope of this  procedure to  a number of minor offences and misdemeanours55.  Lawyers’ 
associations consider that the fixed fine mechanism calls into question the rights of defence 
and confers judicial powers on law enforcement officers56. The Constitutional Council found 
that, when applied to less serious offences, this mechanism does not infringe the right of access 
to justice and equality before the law57.  

A joint advisory council on ethics made proposals to enhance the relationship between 
magistrates  and  lawyers.  With  a  view  to  enhance  the  quality  of  justice  through  improved 
relationships,  representative  organisms  of  magistrates  and  lawyers  set  up  a  joint  advisory 
council58 in 2019, which has been holding regular meetings since then. It was entrusted with 
issuing advisory opinions, making recommendations, drawing up a case law repository and a 
guide  of  good  practices  and  identifying  necessary  reforms  as  regards  ethics  in  professional 
relations between lawyers and magistrates. In this context, each of the three working groups 
set up by the joint council, delivered a thematic report59, including a guide of best practices, a 
compendium of practical cases and recommendations on issues affecting both professions60.  

Efficiency 

The  overall  length  of  court  proceedings  shortened  and  increased  resources  can  be 
expected to further improve judicial efficiency. In 2021, the estimated time needed to resolve 
civil and commercial cases at first and second instance, measured in disposition time, decreased 
considerably61, except as regards corruption cases, for which the average length of court cases 
at  first  instance  is  particularly  high62.  Similarly,  the  estimated  time  needed  to  resolve 
administrative  cases  lowered  significantly  across  all  instances63.  Overall,  the  number  of 
pending  cases  remains  stable64,  and  the  clearance  rate,  which  improved  slightly  for 
administrative  cases,  increased  over  the  100%  mark  for  civil  and  commercial  cases65.  The 

55   Art.  25,  Law  No.  2023-22 of  24  January  2023  on  the  orientation  and  programming  of  the  Ministry  of  the 

Interior. 

56   Contribution  from  lawyer’s  associations  to  the  2023  Rule  of  Law  Report,  pp.  9-11.  It  is  argued  that  the 
possibility, for law enforcement officers, to find the alleged perpetrator guilty of a criminal offence without a 
judge intervening, as well as the limits imposed on the right to challenge the fine whose amount is not adjusted 
to the personal circumstances of the accused, are affecting the equality before the law, the rights of defence, 
and the separation of powers. 

57   Decision No. 2022-846 DC of the Constitutional Council of 19 January 2023. 
58   The Joint advisory council on the ethics of the relationship between magistrates and lawyers was established 
by a charter signed between the Court of Cassation, the High Council for the Judiciary, the four Conferences 
of  Heads  of  Courts  and  Jurisdictions,  the  Bar  Association,  the  National  Bar  Council,  the  Conference  of 
Presidents of the Bars of France and Overseas as well as the Paris Bar.  

59   All  three  reports  are  available  on  the  website  of  the  Court  of  Cassation  at  the  following  address: 

https://www.courdecassation.fr/conseil-consultatif-conjoint-de-deontologie-de-la-relation-magistrats-
avocats.  

60   The  report  proposes  in  particular  ways  to  improve  the  use  of  alternative  dispute  resolution,  open  data 

accessibility of court decisions and alternatives to prosecution. 

61   Figures 5-6, 2023 EU Justice Scoreboard. The disposition time for civil, commercial, administrative and other 
cases at first instance decreased from 554 to 440 days, whereas it lowered from 637 to 495 days for litigious 
civil and commercial cases at first instance, and from 607 to 466 days at second instance. 

62   Figure 23, 2023 EU Justice Scoreboard. The average duration of proceedings at first instance is of 529 days, 

the third highest available data across the EU. 

63   Figures 8-9, 2023 EU Justice Scoreboard.  
64   Figures 13-15, 2023 EU Justice Scoreboard. 
65   Figures 10-12, 2023 EU Justice Scoreboard. This means that courts are now able to deal both steadily with 

incoming cases and reduce their backlog. 

9 

 
                                                           
abovementioned increase in human resources in the justice system, as well as other initiatives 
foreseen  in  the  draft  law  on  the  orientation  and  programming  of  justice66,  in  particular  to 
streamline  both  civil  and  criminal  proceedings,  are  expected  to  have  a  positive  impact  on 
judicial efficiency. 

II. 

ANTI-CORRUPTION FRAMEWORK  

the  multiannual  anti-corruption  plan,  monitors 

Authorities  competent  for  the  fight  against  corruption  include  the  French  Anti-Corruption 
Agency  (AFA,  which  prepares 
its 
implementation  and  supports  private  and  public  entities  on  how  to  prevent  and  detect 
corruption)67, the High Authority for Transparency  in  Public life (HATVP), responsible for 
ensuring the integrity of public officials, and the Central Office for Combating Corruption and 
Tax Offences (OCLCIFF, a specialised police service for the investigation of economic crimes, 
including corruption and money laundering). The National Financial Prosecutor Office (PNF) 
is competent for the investigation of high-level corruption cases. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low68.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, France scores 72/100 and ranks 10th in the European Union and 
21st globally. This perception has been relatively stable69 over the past five years. The 2023 
Special  Eurobarometer  on  Corruption  shows  that  69%  of  respondents  consider  corruption 
widespread in their country (EU average 70%) and 12% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  24%)70.  As  regards  businesses,  59%  of 
companies consider that corruption is widespread (EU average 65%) and 40% consider that 
corruption  is  a  problem  when  doing  business  (EU  average  35%)71.  Furthermore,  23%  of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices  (EU  average  32%)72,  while  38%  of  companies  believe  that  people  and  businesses 
caught for bribing a senior official are appropriately punished (EU average 30%)73. 

66   Draft law on the orientation and programming of the Ministry of Justice 2023-2027. 
67   Competences are carried out through advice and administrative audits, and also the monitoring of companies’ 
compliance programs when decided by judicial authorities. Information received in the context of the country 
visit to France from the AFA. 

68   Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50).   

69   In 2018 the score was 72, while, in 2022, the score is 72. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

70 Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

71 Flash Eurobarometer 524 on Businesses’ attitudes towards  corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

72  Special Eurobarometer 534 on Corruption (2023).  
73   Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  

10 

 
  
                                                           
According to the Anti-Corruption Agency (AFA), the 2020-2022 national anticorruption 
plan  was  implemented  successfully74  and  a  new  plan  for  2023-2025  is  in  preparation. 
Discussions  between  ministries  and  NGOs  for  the  preparation  of  the  new  national  anti-
corruption plan for 2023-2025 are ongoing, and the new plan is expected to be adopted in the 
course of 202375. The draft law on anti-corruption, which was tabled in Parliament in October 
202176, was not placed on its agenda for discussions since77.  

Significant progress has been achieved in the prosecution and sanctioning of high-level 
corruption  offences,  while  the  investigations  are  impacted  by  structural  and  resource 
challenges. The 2022 Rule of Law Report recommended to France to “Continue the effective 
investigation, prosecution and sanctioning of high-level corruption offences”78. At the end of 
2022, the OCLCIFF was handling a total of 235 ongoing cases79. It relies on 81 investigators 
with  an  additional 12 investigators expected to join in  202380. A planned  reform  to put  the 
investigative police under the direction of the prefect81, raised criticism among stakeholders 
and judicial authorities, which feared that it might affect the effectiveness of the investigations 
against corruption82.  In early 2023, the National  Financial Prosecutor Office (PNF)  and the 
Anti-Corruption  Agency  (AFA)  issued  guidelines  on  internal  investigations83,  and  the  PNF 
published a series of guidelines on the judicial agreements of public interest (CJIPs)84. In 2022, 
additional  officers  were  allocated  to  counter  economic  crimes,  namely  one  judge  for 
investigation  and  seven  specialised  assistants  at  the  Paris  court85.  In  light  of  the  GRECO 
recommendation86, in 2022 the PNF acquired two additional prosecutors, supported by eight 
specialised  assistants87.  Nonetheless,  the  PNF  office  remains  understaffed,  according  to  the 

74   The  2020-2022  anticorruption  plan  focused  on  the  following  actions:  optimising  data  analysis;  training; 
support  private  and  private  entities  (including  for  municipalities)  to  establish  anti-corruption  programmes; 
promoting  integrity  in  sports;  enhancing  penalties;  enhancing  international  anti-corruption  action.  Written 
contribution from the Ministry of Justice in the context of the country visit to France, p. 37-44. The report on 
the final implementation is not yet published. 

75   Information received in the context of the country visit to France from the AFA.  
76   Bill nº 4586 for strengthening the fight against corruption proposed both preventive and repressive measures. 

2020 Rule of Law Report, Country Chapter on the rule of law situation in France, pp. 5-8. 

77   Input from France for the 2023 Rule of Law Report. 
78   2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 2. 
79   Interview  by  Mr.  Hézard  (Chief  of 

the  OCLCIFF),  December  2022:  https://www.tribunal-de-
paris.justice.fr/sites/default/files/2022-12/Interview  PNF  Guillaume  Hézard.pdf.  Written  contribution  from 
the OCLCIFF in the context of the country visit to France, p. 33. 

80   Input from France for the 2023 Rule of Law Report, p. 12. Written contribution from the OCLCIFF in the 

context of the country visit to France, p. 32. 

81 The investigation police reform was announced by the Minister of the Interior and the Minister of Justice at the 
end of 2022, and it is currently debated in a legislative committee of the Senate. Information report no. 387 
(2022-2023), filed on 1 March 2023, https://www.senat.fr/rap/r22-387/r22-387.html. 

82   If approved, this reform might create a risk to the effectiveness of the fight against corruption, as well as to 
the  independence of justice.  ‘Anticor alerts the Senate  to  the  perverse effects of the reform of the judicial 
police’, Anticor (January 2023). See also High Council of the Magistracy, press release of 26 October 2022, 
expressing  ‘deep  concern  at  the  planned  reform  to  place  the  judicial  police  under  the  authority  of  the 
departmental director of the national police’, and letter from the Union of Magistrates of 13 July 2022 to the 
Minister of Justice. 

83   AFA (March 2023), Internal Anti-Corruption Investigations. 
84   AFA (2019), Guidelines on the judicial agreements of public interest. 
85   Input from France for the 2023 Rule of Law Report, p. 11. 
86   GRECO  recommended  that  the  National  Financial  Prosecution  Office  be  provided  with  additional  human 

resources. GRECO Fifth Evaluation Round - Compliance Report, p. 13. 

87   Written contribution from the PNF in the context of the country visit to France, p. 34. 

11 

 
                                                           
Chief Financial Prosecutor88. While a draft reform to modify the framework for the duration of 
criminal investigations, particularly in the area of corruption, is currently being discussed in 
Parliament89,  some  concerns  raised  by  the  OECD  on  the  structural  challenges  for  the 
investigations, the criminal process against foreign bribery, and on the legislative measures for 
corporate  liability  for  foreign  bribery90,  remain.  In  2022,  the  PNF  dealt  with  708  ongoing 
procedures91,  convicted  70  individuals  (including  high-level  officials)92,  approved  18 
individual  appearances  on  prior  admission  of  guilt  (CRPC)93,  and  concluded  six  judicial 
agreements  of  public  interest  (CJIPs),  including  for  international  affairs  (for  a  combined 
amount  of  nearly  EUR  672  million)94,  plus  other  criminal  compositions  (for  approximately 
EUR  858  million)95,  and  seizure  of  illicit  assets  (for  about  EUR  461  million)96.  While  the 
investigations are impacted by some structural challenges and the available resources, tangible 
results in the prosecution and adjudication of corruption cases continue to be achieved. Some 
stakeholders expressed concerns that the widespread use of alternative criminal measures (such 
as the CJIPs) for corporations could affect deterrence and transparency97. So far, there has been 
some progress on the implementation of the recommendation made in the 2022 Rule of Law 
Report. 

AFA continues to deliver supporting tools while operational effectiveness is weakened by 
the instability of its resources. In 2022, the AFA delivered a series of guidelines, reports and 
training aimed at improving the integrity in the public administration98, including a report on 

88   Franceinfo (2023), Corruption: the fight is still insufficient, in terms of actions and human resources, says the 

national financial prosecutor. 

89   Input from France for the 2023 Rule of Law Report. 
90   Structural resource problems affect all stages of the criminal justice process. Implementing the OECD Anti-
Bribery Convention, Phase 4 Report, France, adopted in December 2021. See also 2022 Rule of Law Report, 
Country Chapter on the rule of law situation in France, p. 13. 

91   Statement by Mr. Bohnert, Chief Financial Public Prosecutor, Formal hearing for the start of the 2023 school 
year  and  2022  activity  report,  https://www.tribunal-de-paris.justice.fr/75/actualites-mensuelles-parquet-
national-financier. 

92   A former Minister of Justice was sentenced to three years imprisonment (suspended) for allocating fictitious 
jobs to his family members. Le Monde, 26 January 2023. In March 2023, a former senator was sentenced to 4 
years  imprisonment  for  corruption  in  public  procurement,  FranceInfo,  22  March  2023.  In  May  2023,  the 
conviction of a former President of the Republic was upheld, France24, 17 May 2023. Information received 
in the context of the country visit to France from the Ministry of Justice.  

93   Written contribution from the Ministry of Justice in the context of the country visit to France, p. 37. 
94   Summarised version of the CJIPs are published on the webpage of AFA. 
95   Written contribution from the Ministry of Justice in the context of the country visit to France.  
96   According to the Mechanism to assign illicit funds to the victim, a fund managed by the Ministry of Foreign 
Affairs was created in 2022, which allows entities (including the French Development Agency), to use funds 
to implement international development actions. See Circular No. 6379/SG of 22 November 2022 relating to 
the mechanism for the restitution of illicit funds. 

97   ‘The Judicial Convention of Public Interest (CJIP)’, Transparency International France (January 2023). The 
French authorities however underline that these proceedings present several advantages, including the shorter 
procedures which also allow for the swift compensation of victims’ damage, and the monitoring of compliance, 
which prevents the risk of reiteration. Input from France for the 2023 Rule of Law Report. 

98   A practical guide on the prevention of breaches of probity for sports federations (July 2022); A practical guide 
on  the  prevention  of  breaches  of  probity  for  operators  of  the  Ministry  of  Sports  and  the  Olympic  and 
Paralympic  Games  (July  2022);  ‘Public  officials:  the  risks  of  breaches  of  probity  concerning  gifts  and 
invitations’ (September 2022); Practical guide for the regions implementing a probity breach risk management 
system  (November  2022);  1st  statistical  study  on  breaches  of  probity  recorded  by  the  police  and  the 
gendarmerie (November 2022); Corporate anti-corruption accounting controls (April 2022). 

12 

 
                                                           
the  breaches  of  integrity  occurred  between  2016  and  202199.  In  2022,  AFA  initiated  18 
inspections  against  regional  public  institutions,  sport  federations  and  central  procurement 
entities100. In 2022, AFA was impacted by a lack of fully and permanently employed senior 
staff, which might affect the continuity and effectiveness of its operations101. The Director of 
AFA concluded his mandate in March 2023, while the sanction committee of AFA, which was  
no longer operational since August 2022102, was reappointed in April 2023103.  

The  High  Authority  for  Transparency  in  Public  Life  (HATVP)  continues  to  regularly 
monitor the implementation of the integrity measures for public officials, including their 
declarations of asset and interests, which are largely complied with. In 2022, the HATVP 
received  10  659  declarations  of  assets  and  interests,  examined  4  170  declarations,  and 
transmitted 51 files (compared to 66 cases in 2021) to the Public Prosecutor Office for further 
analyses  of  possible  crimes104.  The  HATVP  does  not  have  financial  or  administrative 
sanctioning power, thus each violation (regardless of its value or severity) is transmitted to the 
judicial  authority105.  In  2022,  the  HATVP  performed  639  integrity  checks,  and  issued  581 
opinions (including 330  on “revolving doors” reports)106.  In March 2023, the HATVP took 
decisions  on  revolving  doors  of  two  former  Ministers  and  other  public  officers:  one  was 
rejected and 20 were approved107. According to the HATVP, despite integrity rules becoming 

99   In  October  2022,  the  French  Anti-Corruption  Agency  and  the  Department  of  Statistics  of  the  Ministry  of 
Interior published a study on breaches of integrity registered by the police, indicating that: between 2016 and 
2021, there have been 1.232 cases of corruption recorded by the police (including 68% occurring in the public 
sector); Since 2016, there is an increase of 28% in breaches of integrity; Corruption is the first type of breach 
of 
interests.  See  at 
https://www.interieur.gouv.fr/content/download/132910/1054200/file/Interstats%20Analyse%20N%C2%B0
50.pdf.  

followed  by  embezzlement  of  public  funds  and  conflicts  of 

integrity, 

100  Input from France for the 2023 Rule of Law Report, p.20. The Flash Eurobarometer on Businesses’ attitudes 
towards corruption in the EU shows that 33% of companies in France (EU average 26%) think that corruption 
has prevented them from winning a public tender or a public procurement contract in practice in the last three 
years. This is 7 percentage points above the EU average. In June 2023, the police searched the offices of the 
committee organising the 2024 Paris Olympic Games, as part of an investigation into alleged corruption in the 
awarding of contracts. ‘France probes alleged corruption in Paris Olympics contracts’, Financial Times, 20 
June 2023. 

101  Although the initial plan was to have a staff of 70, currently AFA has  50 officers, including public agents 
seconded  on  temporary  terms;  30%  of  the  staff  are  at  junior  level,  coming  from  private  auditing,  legal  or 
banking enterprises. AFA advocates for stronger powers on the detection and examination of corruption, 
which would help to better achieve its tasks. Interview to the Director of the French Anticorruption Agency, 
5 October 2022, https://www.lcb-ft.fr/blog/corruption-interview-charles-duchaine. Written contribution from 
the Ministry of Justice in the context of the country visit to France, p. 57.  

102  ‘The French Anti-Corruption Agency amputated of its armed arm’, La gazette des communes, 31 March 2023. 
The  Sanctions  Committee  may  impose  a  fine  for  violation  of  integrity  rules  (up  to  200  000  euros  for 
individuals, and up to EUR 1 million for legal persons).  

103   As per Decree of 17 April 2023 on appointing members of the Sanctions Committee of the French Anti-
Corruption Agency (JORF n°0092 of April 19, 2023, Text No. 53). Input from France for the 2023 Rule of 
Law Report. 

104  In  2022,  3  451  declarations  of  asset  and  interests,  including  those  submitted  by  the  candidates  for  the 
presidential election, were published on the HATVP website. Written contribution from the HATVP in the 
context of the country visit to France. 

105  Information received from the HATVP in the context of the country visit to France. 
106  On average, 10% of the cases are found incompatible, while 2/3 of the requests are approved with reserve. 

Written contribution from the HATVP in the context of the country visit to France. 

107  Webpage of the HATVP, decision and opinions.  

13 

 
                                                           
stricter over time, public officials are increasingly aware of integrity risks, and largely comply 
with the existing integrity measures108. 

Regular audits on funds of political candidates and political parties continue. In 2022, the 
National Commission on Campaign Accounts and Political Financing (CNCCFP) examined in 
total approximately 5 161 financial statements from 5 297 candidates to legislative elections 
(compared to 5 427 for the previous legislative elections of 2017) and rejected 429 financial 
statements109. The CNCCFP does not have investigative powers110. While the CNCCFP may 
issue financial sanctions (including punitive fines) for mild violations, in case of possible crime 
the file is transmitted to the public prosecutor111. In March 2023, a political party was fined 
EUR 250 000 by the Paris Court of Appeal for concealment of misuse of corporate assets112. 
Starting with the 2022 Presidential election, a new software (Fin’pol) was used to check the 
financial declarations of  the 12 Presidential candidates113.  In December 2022, despite some 
minor  shortcomings,  the  CNCCFP  approved  the  financial  declarations  filed  by  all  the  12 
presidential candidates114.  

The  existing  concerns  on  the  type  of  lobbying  activities  and  lobbyists  remain 
unaddressed. The 2022 Rule of Law Report recommended to France to “[e]nsure that rules on 
lobbying activities are  consistently applied to  all relevant  actors, including  at  top  executive 
level”115. Despite being responsible for managing the lobbying register, the HATVP lacks the 
necessary sanctioning powers for violation of disclosure rules116. In 2022, the HATVP received 
the registration from 2 584 lobbyists117 (8% more than in 2021), 11 105 lobbying activities, 
and  launched  163  controls118.  Despite  some  increase  in  the  financial  and  human  resources 

108  HATVP,  Activity  Report  for  the  year  2021,  published  in  2022.  https://www.scoop.it/topic/insp-fonction-

publique-statut/p/4132875166/2022/06/02/la-haute-autorite-publie-son-rapport-d-activite-2021-
hatvp/original. 

109  Written contribution from the CNCCFP in the context of the country visit to France. 
110  National Commission on Campaign Accounts and Political Financing (CNCCFP), Annual Report for the year 

2021.  

111  Information received from the CNCCFP in the context of the country visit to France. 
112  The violation  occurred during the 2012 legislative elections. ‘Case Of Campaign Kits: The National Rally 

Sentenced On Appeal To A Fine Of 250,000 Euros’, Globe Echo (March 2023). 

113  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 14. Report by the CNCCFP 

for the ‘Election of the President of the Republic of April 2022’. 

114  Inter alia, the shortcomings were: instances of non-electoral expenses, insufficiently justified expenses and 
omitted expenses. Information received from the CNCCFP in the context of the country visit to France. 

115  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 2. 
116  In  June  2022,  the  HATVP  developed  guidelines  to  advise  new  declarants,  published  on  its  webpage.  The 
HATVP  has  no  financial  or  administrative  sanctioning  power  against  non-criminal  violations,  thus  all 
violations are forwarded to the prosecutorial authority. Written contribution from the HATVP in the context 
of the country visit to France.  

117  The definition of lobbyist includes entities that initiate the contact with a public official to influence a public 
decision.  The  current  system  might  unfairly  benefit  large  existing  lobbying  entities  (with  well-established 
relationships with decision-makers), and disadvantage small or new lobbying entities (which must establish 
lobbying  relationships  with  decision-makers).  The  proposal  presented  by  the  HATVP  was  not  taken  into 
consideration in the new draft law on post-Sapin II. Information received from the HATVP in the context of 
the country visit to France. 2021 Rule of Law Reports, Country Chapter on the rule of law situation in France, 
pp. 1 and 9. 

118  The HATVP found 87 violations (for non-disclosure) and forwarded 8 files to the public prosecutor. Written 

contribution from the HATVP in the context of the country visit to France. 

14 

 
                                                           
allocated  in  2022119,  the  HATVP  continued  to  face  challenges  dealing  with  significant 
workload120.  Although  there  is  no  obligation  by  law,  a  number  of  elected  officials  actively 
publish online their agendas and meetings with lobbyists121. The exclusion of certain groups 
from the obligation to register as lobbyists continue to raise criticism122. While at the moment 
only a small number of parliamentarians is employed by lobbying groups after mandate, some 
NGOs  advocate  for  the  full  prohibition  for  MPs  to  act  as  lobbyists  for  at  least  one  year 
following  the  end  of  their  mandate123.  In  its  2022  annual  report,  the  HATVP  provides 
suggestions to improve the regulation on lobbying124, including the power for the HATVP to 
impose administrative sanctions. The draft law on lobbying125 that was to address all existing 
concerns, including those raised by GRECO126 on the disclosure of lobbying meetings with 
persons who are entrusted with top executive functions at national level127, as well as those on 
the type of lobbying activities and lobbyists128, was not tabled in the Parliament’s agenda for 
discussion129. So far, there has been no progress on the implementation of the recommendation 
made in the 2022 Rule of Law Report, which has not been implemented. 

The  existing  integrity  rules  for  members  of  Parliament  and  Senate  continue  to  be 
regularly implemented, although suggestions to improve the integrity measures for MPs 
and top executives have not been followed up.  In 2022, the Commission for Ethics of the 
National Assembly130 responded to about 196 requests for ethical advice, verified 191 financial 

119  The HATVP relies on 67 agents (compared to 65 in 2021) and a budget of EUR 9 million (compared to EUR 

8 million in 2021). Written contribution from the HATVP in the context of the country visit to France. 

120  Significant workload is due to the need to registering interactions between lobbyists and local government 
executives,  as  well.  Thus,  the  audience  of  declarants  is  up  to  18  000  individuals  (11  000,  in  the  previous 
system). Input from France for the 2023 Rule of Law Report, p. 21. 

121  ‘Transparency of agendas for meetings with lobbyists in the National Assembly: the progress of good practices 
remains  limited  by  the  lack  of  political  will’.  Transparency  International  France.  For  2022,  the  HATVP 
analysed declarations of interests of 569 MPs, and indicated that 17% of MPs intends to maintain at least one 
professional  activity  during  their  mandate,  and  50%  hold  another  elective  position  (40%  at  the  municipal 
level). HATVP (2023), Analysis of Members' declarations of interests and activities. 

122  Trade unions, religious organisations and foreign states are not bound to declare lobbying activities (as per 
law  n°  2016-1691).  Information  received  from  the  Transparency  International  France  and  Anticor  in  the 
context of the country visit to France.  

123  Post-mandate employment is regulated for government officials, civil servants and local representatives, but 
not for parliamentarians. Transparency International France (2022), ‘For an extension of the bill relating to 
consulting firms to lobbying transparency’. 

124  Require  declarations  when  the  contact  is  initiated  by  a  public  official;  require  corporate  groups  to  declare 
lobbying activities at the aggregate level (of the group); for lobbyists acting on behalf of others, declare the 
annual price of that activity; require lobbyists more clarity on the decision and public official they lobby on; 
require  more  frequent  declarations  (twice  a  year);  require  police  officers  to  attend  on-site  verifications 
conducted by the HATVP. HATVP Report on activity declarations 2021. 

125  This is the same law on anticorruption which was withdrawn by the Government, see footnote 69. Written 

contribution from the Ministry of Justice in the context of the country visit to France, p. 18. 

126  GRECO Fifth Evaluation Round - Compliance Report, p. 8. 
127 The President of the HATVP was heard by a committee of the Parliament to provide suggestions to improve 
the decree (no. 2017-867) related to the digital directory of lobbyists. Information received from the HATVP 
in the context of the country visit to France. 

128  The definition of lobbyist includes entities. 2022 Rule of Law Reports, Country Chapter on the rule of law 

situation in France, p. 14. 

129  Input from France for the 2023 Rule of Law Report. 
130  The  Commission  is  responsible  inter  alia  to  monitor  the  implementation  of  the  code  of  conduct  for 

parliamentarians. 

15 

 
                                                           
statements of members of the Parliament131. Recommendations made by GRECO to improve 
the integrity measures for MPs and top-executives132 have not been followed up. The Ethics 
Commissioner regrets that the opinions issued by his office remain unpublished133. The Ethics 
Committee of the Senate remains responsible for ethics of Senators134. After October 2022, the 
Ethics Committee issued 5 ethical opinions, and 116 preventive opinions (an increase of almost 
85%  compared  to  the  previous  year)  mostly  on  the  use  of  public  funds  to  senators  and 
performed 355 audits (amounting to roughly 15 000 documents examined)135. The declarations 
for recusals from both Deputies and Senators to avoid conflicts of interest are published on the 
website of each Chamber. However, the number of declarations seem modest compared to the 
total members of the National Parliament136. A Senate commission, established after concerns 
about possible corruption in public contracts allegedly committed by consulting companies, 
issued  recommendations137.  Prosecutions  concerning  possible  financial  crimes  or  undue 
influence  remain  open  at  the  PNF  office138,  in  addition  to  ongoing  corruption-related  cases 
against top Government executives 139.  

While  police  officers  and  judges  are  bound  by  ethical  rules,  there  is  room  for  further 
progress regarding integrity-related security checks in the police . Police officers submit 
the declaration of their assets (to the HATVP) and pass an ethics interview before moving to a 
different  post.  An  integrity  officer  checks  the  accumulation  of  side  activities,  and  a  special 
entity  may  start  an  inquiry  into  possible  violation  of  ethics  rules140.  The  GRECO 
recommendation  to  carry  out  security  checks  relating  to  the  integrity  of  members  of  the 

131  Information received from the Ethics Commissioner of the National Assembly in the context of the country 

visit to France. 

132  Regarding codes of conduct (for persons who are entrusted with top executive functions at national level), on 
the verification and accessibility of declarations of assets (of the presidential candidate, of persons with top 
executive functions, as well as those filed by members of the National Assembly and Senators), on conflicts 
of interests, as well as on examination of cases of corruption affecting members of the Government. GRECO 
Fifth  Evaluation  Round  -  Compliance  Report,  and  GRECO  Fourth  Evaluation  Round  -  Addendum  to  the 
Second Compliance Report. 2022 Rule of Law Reports, Country Chapter on the rule of law situation in France, 
p. 15. 

132  GRECO Fourth Evaluation Round - Addendum to the Second Compliance Report, pp. 7, 9-10. 
132  GRECO Fourth Evaluation Round - Addendum to the Second Compliance Report, p. 7. 
133  National Assembly (2022), ‘The tenth year of ethics in the National Assembly’. 
134  This Ethics Committee is composed by Senators who rely on professional accountants to undertake targeted 
controls  of  Senators’  expenses.  In  accordance  with  the  order  No.  58-1100  of  November  1958  on  the 
functioning of parliamentary assemblies.  

135  Written contribution from the Ethics Committee of the Senate in the context of the country visit to France. 
136  Currently there are approximately 23 declarations from 16 MPs (register of recusals, https://www.assemblee-
nationale.fr/dyn/16/deports), 
recusals, 
declarations 
https://www.senat.fr/role/comite_deontologie/obligations_deontologiques_senateurs.html),  vis-à-vis  577 
Members of the Parliament and 348 Senators in total in France.  

Senators (register 

three 

from 

and 

of 

137  The Senate commission issued recommendations to: end opacity of consulting services; publish annual open 
data on consulting services provided by the State and its operators; regularly evaluate consulting services and 
apply  penalties  when  services  are  not  satisfactory;  impose  a  declaration  of  interest  on  consultants. 
http://www.senat.fr/dossier-legislatif/ppr21-111.html. 

138  ‘Two  investigations,  opened  by  the  National  Financial  Prosecutor's  Office,  are  looking  into  the  growing 
influence  of  consulting  firms  in  the  French  government’,  Le  Monde  (November  2022).  See  further  at 
https://www.tribunal-de-paris.justice.fr/sites/default/files/2022-
11/221124_CP%20proc%C3%A9dures%20cabinets%20de%20conseils%20diffus%C3%A9.pdf  

139  Including a former President of the Republic. Le Monde, 14 November 2022. 
140  National Service for Administrative Security Investigations (SNEAS). Information received from the Ministry 

of Justice in the context of the country visit to France.  

16 

 
                                                           
National Police and the National Gendarmerie at regular intervals remains unaddressed141. The 
Deontology  Action  Plan,  with  anti-corruption  measures,  was  adopted  by  the  IGGN,  and 
distributed to commanders in chief in September 2022142. In 2022, the Inspectorate General of 
the Police (IGPN) conducted 19 disciplinary procedures for integrity breaches, involving 37 
police agents, while an additional 67 officers were involved in 113 judicial investigations143. 
A  steering  committee  was  organised  by  the  Police  in  December  2022,  in  order  to  assess 
corruption  risks  and  mitigating  actions144.  In  2022,  the  National  School  of  Magistrates 
delivered 12 classes on ethics and professional conduct to judges145. Members of the judiciary 
submit their declaration of asset to the HATVP146. A committee on ethics provides advice to 
magistrates on matters related to the application of ethical obligations147.  

While new rules  to  protect  whistleblowers  are  in place,  a lack  of human and financial 
resources risks adversely affecting their implementation. In 2022, the Defender of Rights 
(Defender)  received  136  whistleblowing  cases  (an  increase  of  50%  compared  to  2021),  it 
established  an  infoline  for  whistleblowing  and  acquired  a  software  to  exchange  secured 
information with competent entities148. At the end of 2022, two decrees were issued149 for the 
implementation of the law on the protection of whistleblowers150. The decrees set up the central 
role  of  the  Defender151,  the  appointment  of  40  competent  entities,  the  definition  of 
whistleblowing and the protection of whistleblowers152. The Defender recognises the status of 
whistleblower and is responsible to deliver training and support to whistleblowers153. In March 
2023, the Defender organised a first meeting for the 40 competent entities to coordinate their 
actions and published online a guideline for whistleblowers154. The practical implementation 
of  the  new  rules  is  faced  with  challenges.  First,  despite  the  allocation  of  three  additional 

141  GRECO Fifth Evaluation Round - Compliance Report, p. 15. In 2022, two judges were appointed Chief and 
deputy of the Inspectorate General of the Gendarmerie (IGGN). Input from the France for the 2023 Rule of 
Law Report, p. 14. See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, 
pp. 15-16. 

142  The implementation also relies on the 50 ethics correspondents within the gendarmerie. Input from France for 

the 2023 Rule of Law Report, p. 20. 

143  Input from France for the 2023 Rule of Law Report, p. 21. 
144  The multi-services committee (with the Central Directorate of the Judicial Police (DCPJ), intelligence and 
investigation  services,  the  police,  the  gendarmerie  and  the  PNF)  was  organized  to  discuss  and  exchange 
information between services. Input from France for the 2023 Rule of Law Report, p. 26. 

145 Written contribution from the High Council of Magistrates in the context of the country visit to France. 
146  Information received from the High Council of Magistrates in the context of the country visit to France. 
147  Information received from the High Council of Magistrates in the context of the country visit to France. 
148  There  continue  to  be  a  strong  interest  by  large  corporations  and  lawyers.  Information  received  from  the 

Defender of Rights in the context of the country visit to France. 

149 Decree No. 2022-1284 (of October 3, 2022 relating to the procedures for collecting and processing reports 
issued by whistleblowers and setting the list of external authorities established by Law No. 2022-401 of March 
21, 2022 aimed at improving protection of whistleblowers), and Decree n° 2022-1686 (of December 28, 2022 
relating  to  the  contribution  of  the  personal  training  account  of  a  whistleblower  employee).  Inter  alia,  the 
decrees  specify  the  conditions  for  whistleblowers  to  report  facts  either  internally  (to  the  organization), 
externally (to a list of recipient authorities), or publicly. 

150  Law No. 2022-401 of March 21, 2022 aimed at improving the protection of whistleblowers. The decrees will 
notably  be  assessed  by  the  GRECO  in  light  of  its  recommendation  to  revise  the  protective  regime  for 
whistleblowers. 

151  The Defender of Rights is the entity that provides support and advice to whistleblowers. 2022 Rule of Law 

Reports, Country Chapter on the rule of law situation in France, p. 16. 

152 Input from the France for the 2023 Rule of Law Report, p. 21.  
153  Information received from the Defender of Rights in the context of the country visit to France. 
154  Information received from the Defender of Rights in the context of the country visit to France. 

17 

 
                                                           
officers155, the Defender points to the lack of sufficient human and financial resources to carry 
out its tasks156. Second, while by law the competent entities are responsible to provide legal, 
financial,  and  psychological  support  to  whistleblowers,  no  public  funding  to  this  end  was 
allocated to the 40 competent entities, which de facto weakens their supporting role157.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  French  Constitution  safeguards  freedom  of  expression  as  well  as  pluralism  and 
independence  of  the  media.  These  principles  are  further  enshrined  in  specific  sectoral 
legislation, enforced by the independent media regulator. The Declaration of the Rights of Man 
and  of  the  Citizen  recognises  freedom  of  expression  as  a  fundamental  right.  Right  to 
information is guaranteed by France’s legal framework158. French legal system also provides 
for specific rules concerning transparency of media ownership159.  

The  media  regulator  continues  to  operate  as  an  independent  body  in  the  field  of 
audiovisual and digital content. As set out in the 2022 Rule of Law Report160, the Autorité 
de régulation de la communication audiovisuelle et numérique (ARCOM) was created as the 
result of the merger of two major regulatory authorities, the media regulator Conseil supérieur 
de l’audiovisuel (CSA) and the online copyright authority Haute autorité pour la diffusion des 
oeuvres et la protection des droits sur internet (HADOPI)161. The competences of the merged 
institutions were extended to include issues relating to disinformation, the defence of cultural 
creation,  the  fight  against  illegal  streaming  or  downloading  and  the  protection  of  minors. 
Financial and human resources of ARCOM are considered adequate and have remained stable. 
ARCOM shares with the Competition Authority the competence on mergers in the audiovisual 
sector; when assessing a transaction involving an editor or distributor of radio and television 
services, the Competition Authority is to seek the opinion of ARCOM162. ARCOM also grants 
the authorisations for television and radio services operating on terrestrial frequencies. As in 
the  past  year,  the  Media  Pluralism  Monitor  (MPM  2023)  reports  a  very  low  risk  for  the 
independence of the media regulator163.  

While  discussions  on  updates  to  the  rules  on  transparency  of  media  ownership  have 
started, no further progress has been made on the 2022 recommendation to enhance the 
transparency of media ownership. The 2022 Rule of Law Report recommended to France to 

155 One deputy director, a legal officer and one chief of project, all for the whistleblowing protection department. 

Information received from the Defender of Rights in the context of the country visit to France. 
156  2022Information received from the Defender of Rights in the context of the country visit to France.  
157  The 40 entities to receive external complaints from whistleblower have been appointed through a decree of 

October. 

158  Law No. 78-753 of 17 July 1978, Law No. 79-587 of 11 July 1979, Law No. 2000-321 of 12 April 2000, 

Ordinance No. 2005-650 of 6 June 2005. 

159  Law No. 86-1067 of 30 September 1986 on the Freedom of Communication; Law No. 2004-575 of 21 June 
2004 to support confidence in the digital economy, and Law of 29 July 1881 on the Freedom of the Press. 
France ranks 24th in the 2023 Reporters without Borders World Press Freedom Index compared to 26th in the 
previous year. 

160  Ibid. 
161  Pursuant to Law no. 2021-1382 of 25 October 2021 relating to regulation and protection of access to cultural 

works in the digital age. 

162 ARCOM has to send its observations within one month.  Article 41-4 of Law No. 86-1067 of 30 September 

1986.  

163  2023 Media Pluralism Monitor, France, p.13.  

18 

 
                                                           
“enhance the transparency of media ownership, in particular regarding complex shareholding 
structures, building on the existing legal safeguards”164. In France, legal safeguards are in place 
to  guarantee  transparency  of  media  ownership165.  However,  as  previously  reported166, 
journalists organisations167 highlighted risks in the area of transparency of media ownership, 
in particular related to the complexity of media ownership structures and pointed to the high 
degree  of  concentration  in  the  French  media  environment168.  The  MPM  2023  indicates  a 
medium risk for the transparency of media ownership, due to the complexity and multi-layers 
in the shareholding structure of many media conglomerates, and highlights the high degree of 
concentration  of  the  French  media.169  Following  the  Report  of  the  Senate  Commission  of 
enquiry  established  in  November  2021,  which  considered  the  Law  on  the  Freedom  of 
Communication  “obsolete”  and  suggested  its  complete  revision170,  reflections  are  ongoing 
within the Government on how to revise the regulation on media concentration, but no  further 
steps have been taken in this regard. The Government has stated that the issue of transparency 
of media ownership and media concentration will also be addressed in the framework of the 
upcoming États généraux du droit à l’information (Estates General of the right to information), 
to evaluate the possible revision of the existing rules to guarantee better transparency. Details 
of this revision are not yet specified171. Thus, as no concrete steps have been taken so far, there 
has been no further progress on the implementation of the recommendation made in the 2022 
Rule of Law Report. 

Well-established safeguards continue to ensure the independence of French public service 
media, while the law on financing public broadcasting was amended. As described in the 
2022 Rule of Law Report172, the French public service media (France Television) is regulated 
by the Law on Freedom to Communicate, which establishes that public service media must 
ensure  honesty,  pluralism  of  information  and  independence  as  well  as  diversity  of  opinion, 
respect  for  human  rights  and  democratic  principles173.  The  appointment  procedures  for 
management and board functions in the public service media are transparent and balanced. The 
Law also stipulates that France Television’s news programmes have an independent editorial 
line174. ARCOM oversights the independence and impartiality of the public service media175. 
The  French  Senate  has  recently  approved  the  Government  plan  to  abolish  the  public 
broadcasting fee and the 2022 Amending Budget Law has removed the public broadcasting 

164  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 2. 
165  See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 17. 
166  Ibid. 
167  Reporters without Borders (2022), French presidential election – RSF’s ten proposals for journalistic freedom 

and independence. 

168  Information received from Journalist associations in the  context of  the country  visit to France. The OSCE 
Office  for  Democratic  Institutions  and  Human  Rights  (ODIHR),  in  its  Report  on  the  France  Election 
Assessment  Mission,  published  in  September  2022,  p.2,  reported  that  several  ODIHR  interlocutors  raised 
concerns over the growing concentration of media ownership in France with a consequent impact on pluralism 
and freedom of the press and suggested that, ‘in order to protect media pluralism, existing legal framework 
regulating media concentration could be reviewed and adapted to the current state of the media industry’. 

169  2023 Media Pluralism Monitor, France, p.15.  
170  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 18. 
171  Input from France for the 2023 Rule of Law Report, p. 38. 
172  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 18. 
173  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 49% of respondents 

in France stated that they trust public TV and radio stations, in line with the EU average of 49%. 

174  Article 44 of Law No. 86-1067 of 30 September 1986. 
175  See also 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 18. 

19 

 
                                                           
contribution as from September 2022176. According to the Law, public broadcasting will be 
financed by the value-added tax (VAT) revenues until the end of 2024. For the period after 
that, the Government must then present a separate plan for funding. This decision has raised 
some concerns over the future funding and independence of French public television and radio. 
In  particular,  according  to  associations  of  journalists  and  authorities,  public  broadcasting 
independence risks being weakened, as they consider that replacing the licence fee with a levy 
on VAT is a transitory solution not adequate to the role of public service media and have called 
for  a  more  appropriate  and  predictable  funding  model  to  be  created177.  The  MPM  2023 
considers the independence of public service media governance as an area of medium risk178. 

Journalists continue to be exposed to different types of threats, and attacks have been 
reported,  in  particular  during  protests  and  demonstrations.  The  Council  of  Europe’s 
Platform  to  promote the  protection  of  journalism  and  safety  of  journalists  recorded  29  new  
alerts179 since the publication of the 2022 Rule of Law Report. The registered incidents relate 
to  threats,  intimidation,  and  physical  aggressions,  in  particular  during  protests  and 
demonstrations.  Several  alerts  relate  also  to  death  threats  received  by  journalists.  The  2022 
Rule of Law Report took note that the Government took steps to strengthen the protection of 
journalists180, including the amendment of the National Law Enforcement Scheme (SNMO)181 
and the creation of a monthly liaison committee between the Ministry of the Interior and the 
press to address the tensions between the press and the police forces182. While it was reported 
that those initiatives  contributed to  improve overall the safety of journalists, and to  address 
cases of police violence183, journalist associations also highlighted that, with the increase of 
protests during the last months, new attacks on journalists from protesters and excessive use of 
force by police officers have been registered184. The Law on Free Access to Administrative 
Documents185 provides for a right to access by all persons to administrative documents held by 
public bodies. The MPM 2023 considers protection of right to information as an area presenting 
low risk, registering a consistent decrease compared to last year186.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

France  is  a  democratic  republic  with  a  semi-presidential  system  of  government,  with  a 
President directly elected by the people and a Prime Minister who is accountable to Parliament. 
The  bicameral  Parliament  consists  of  the  National  Assembly  and  the  Senate.  Legislative 
proposals can originate from the Government or from members of both Houses of Parliament. 
The  Constitutional  Council  scrutinises  the  constitutionality  of  laws,  before  or  after  their 
adoption. Independent authorities play an important role in the system of checks and balances. 
The  Defender  of  Rights  and  the  National  Consultative  Commission  on  Human  Rights 

176  The 2022 Amending Budget Law (FRL) published in Official Journal of 17 August 2022. 
177  See RSF: France must drop makeshift approach to public broadcast media funding. Information received from 

National Union of Journalists (SNJ)and ARCOM in the context of the country visit to France. 

178  2023 Media Pluralism Monitor, France, p. 23. 
179  Council of Europe, Platform to promote the protection of journalism and safety of journalists, France. 
180  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p. 19. 
181  A new version of the National Law Enforcement Scheme (SNMO) was published on 16 December 2021. 
182  2022 Rule of Law Report, Country Chapter on the rule of law situation in France, p.19 
183  Contribution from RSF to the 2023 Rule of Law Report, p. 19. 
184  Information  received  from  the  National  Union  of  Journalists  (SNJ)  and  the  Conseil  de  déontologie 

journalistique et de médiation (CDJM) in the context of the country visit to France. 

185 Law No. 78-753 of 17 July 1978. 
186  2023 Media Pluralism Monitor, France, p. 11. 

20 

 
                                                           
(CNCDH) are both tasked with the promotion and protection of human rights and fundamental 
freedoms. The CNCDH is the national human rights institution accredited with an “A Status” 
by the GANHRI187 Sub-Committee on Accreditations, in compliance with the Paris Principles. 

The  Government  continued  to  make  considerable  use  of  accelerated  legislative 
procedures which shorten or curtail parliamentary debate on legislative proposals. Since 
the publication of the 2022 Rule of Law Report, the accelerated legislative procedure has been 
used in several instances188. In a letter to the National Assembly, the President of the National 
Consultative  Commission  on  Human  Rights  (CNCDH)  deplored  the  repeated  use  of  the 
accelerated procedure for laws affecting fundamental rights, considering it incompatible with 
the necessary length of parliamentary discussions on such draft laws189. The Government used 
several mechanisms allowed under the Constitution to pass laws. The constitutionality of the 
use  of  these  mechanisms  was  confirmed  by  the  Constitutional  Council.  Moreover,  these 
mechanisms  allowed the omission of parliamentary  debates and the possibility to  introduce 
amendments, in particular by subjecting the rejection of the draft law to a successful vote of no 
confidence by Parliament190, a possibility used eleven times since October 2022191. Sometimes 
a  number  of  different  mechanisms  to  limit  parliamentary  debates  were  used  on  the  same 
legislation192.  

187  GANHRI (Global Alliance of National Human Rights Institutions). 
188  From 1 October 2022 to 31 December 2022, 6 out of 23 draft laws  were tabled by Government under the 
accelerated procedure, and all five draft laws introduced by Parliament were submitted to this procedure. For 
more details on the previous use of this procedure and its impact on parliamentary debate, see 2022 Rule of 
Law Report, Country Chapter on the rule of law situation in France, p. 20. For instance, it was used for the 
draft law on the organisation of the 2024 Olympic Games, whose provisions impacted several fundamental 
rights, as noted by the Constitutional Council in its Decision No. 2023-850 DC of 17 May 2023. Similarly, the 
Government triggered the accelerated procedure on 1 February 2023 for a draft law to control immigration 
and improve integration. 

189  Commission  nationale  consultative  des  droits  de  l’homme,  letter  of  14  February  2023  to  the  National 

Assembly. 

190  Art.  49(3)  of  the  Constitution  allows  the  Government  to  use  this  mechanism  for  finance  laws,  laws  for 

financing social security and no more than one other legislative project per parliamentary session.  

191  The Venice Commission noted that the use of such a mechanism to remove the final vote of one chamber of 
parliament for the adoption of a law represents a significant interference by the executive in the powers and 
role of the legislature. It added that the activation of Article 49.3 does not result in the obliteration, but in a 
significant reduction of the parliament’s control over the content of the law, and gives broad powers to the 
executive  as  to  the  moment  of  its  activation,  while  its  review  by  the  Constitutional  Council  is  limited  to 
whether the formal conditions were respected. Venice Commission, Interim Opinion on Article 49.3 of the 
Constitution, CDL-AD(2023)024, para. 44. 

192  In the case of a law adopted in March 2023, the Government used Art.44(2) of the Constitution, which allows 
a certain number of amendments to be declared inadmissible; Art. 38 of the Senate regulations, allowing to 
close the debate on an article or an amendment when two speakers with an opposite opinion have debated; 
Art. 42 of the Senate regulations, allowing to limit speaking times and set a fixed speaking time for political 
groups; Art. 44(3) of the Constitution, allowing to limit the vote of the Senate on the amendments proposed 
or accepted by Government; and Art. 47(1) of the Constitution, allowing to limit parliamentary debates to a 
total of fifty days. In its Decision No. 2023-849 DC of 14 April 2023, the Constitutional Council declared that, 
without  being  in  itself  of  such  a  nature  as  to  render  unconstitutional  the  entire  legislative  procedure,  the 
combined use of all these mechanisms on a single draft law was unusual. At para. 49 of its opinion CDL-
AD(2023)024,  the  Venice  Commission  asserts  that  the  combined  use  of    Art.  47(1)  and  Art.  49(3)  of  the 
Constitution  risks  imposing  an  even  heavier  limitation  the  parliamentary  debates,  which  may  appear 
disproportionate. 

21 

 
                                                           
Emergency regimes were repealed and a permanent committee for managing health risks 
was created. A law of 30 July 2022193 repealed, as from 1 August 2022, the state of health 
emergency, as well as the health crisis management regime previously in force, including all 
emergency  measures  previously  in  force194.  A  decree195  dissolved  the  former  COVID-19 
scientific council196 and created a permanent committee, with broader missions, for monitoring 
and anticipating health risks197. The Government regularly informed Parliament of measures 
taken under the successive emergency regimes until their repeal198. 

The  transparency  and  adversarial  aspects  of  the  procedure  for  ex  ante  constitutional 
review were enhanced. The Constitutional Council amended its rules of procedure199, which 
now provide that the text of the referral for ex ante review shall be published immediately on 
its  website.  The  Constitutional  Council  may  also  choose  to  set  a  closing  date  for  the 
investigation phase, which is notified to the parties and made public on its website. To enhance 
the adversarial nature of the procedure, during the investigation phase, all acts and procedural 
documents are communicated to interested parties200. Parliamentarians may also request to be 
heard or send written observations. The new rules of procedure also make inadmissible ex ante 
referrals that raise specific grounds of unconstitutionality. 

On 1 January 2023, France had 29 leading judgments of the European Court of Human 
Rights pending implementation, an increase of four compared to the previous year201. At 
that time, France’s rate of leading judgments from the past 10 years that remained pending was 
at 36% (compared to 28% in 2022) and the average time that the judgments had been pending 
implementation was 2 years and 10 months (compared to 2 years and 11 months in 2022)202. 
The  oldest  leading  judgment,  pending  implementation  for  almost  13  years,  concerns  the 

193  Law No. 2022-1089 of 30 July 2022 putting an end to the exceptional regimes to fight against the epidemic 

linked to COVID-19. 

194  Under Law No. 2021-689 of 31 May 2021 on the management of the exit from the health crisis. 
195  Decree No. 2022-1099 of 30 July 2022 establishing a committee for monitoring and anticipating health risks. 
196  The former scientific council, created by a decree of 3 April 2020, provided advice  to the Government on 
epidemiological developments to inform decision-making. It also issued public opinions and reports on the 
public health situation. 

197  In particular, it is responsible for ensuring scientific monitoring of the health risks associated with infectious 
agents  affecting  humans  and  animals,  environmental  and  food  pollutants  and  climate  change  and  issuing 
opinions on the strategy to be adopted to combat these threats. Input from France for the 2023 Rule of Law 
Report, p. 44. 

198  Pursuant to Article L. 3131-14 of the Public Health Code, the Government submitted to Parliament 30 progress 
notes on the measures taken in the context of the health crisis between 21 October 2020 and 1 June 2021, then 
50 progress notes on the measures taken as part of the regime for exiting the state of health emergency between 
11 June 2021 and 10 June 2022. 

199  By Decision No. 2022-152 ORGA of 11 March 2022. Input from France for the 2023 Rule of Law Report, p. 

42. 

200  The President of the Republic, to the Prime Minister and to the Presidents of the National Assembly and the 

Senate and, where relevant, to parliamentarians designated among the authors of the referral. 

201 The  adoption  of  necessary  execution  measures  for  a judgment  by  the  European  Court  of  Human  Rights  is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

202 All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 3. 

22 

 
                                                           
inaction  of  the  authorities  in  the  execution  of  judiciary  measures  of  expulsion  regarding 
illegally  occupied  lands38.  On  15  June  2023,  the  number  of  leading  judgments  pending 
implementation has decreased to 26203. In a judgment of 8 December 2022, the European Court 
of Human Rights (ECtHR) condemned France for the failure of the administrative authorities 
to  comply  with  court  decisions  ordering  to  provide  accommodation  to  families  of  asylum 
seekers204. The Defender of Rights, which intervened in the case before the ECtHR, noted that 
the findings of the Court, although referring to facts that occurred in 2018, were still relevant 
in December 2022205. 

Judgments recalled the administration’s obligation to ensure the transparency and justify 
the necessity of orders prohibiting demonstrations. In March 2023, the competent executive 
authorities issued a series of administrative orders prohibiting undeclared demonstrations in 
certain areas to protect public order under penalty of fines206. Stakeholders voiced concerns as 
to  the  lack  of  transparency  of  the  administrative  acts  used  as  a  legal  basis  for  sanctioning 
persons participating in  demonstrations207. Seized under emergency proceedings brought  by 
the association de défense des libertés constitutionnelles, the Ligue des droits de l’homme and 
individual citizens, administrative courts ordered the executive authorities to publish on their 
website orders prohibiting demonstrations before their entry into force to safeguard the right to 
an effective judicial remedy208, and suspended the implementation of some orders considered 
as unduly restricting the right to demonstrate209. Upon urgent referral by several associations210, 
the Council of State declared that the obligation to wear an identification number211 has not 
been respected on various occasions by national police officers during the execution of their 
missions,  in  particular  during  law  enforcement  operations,  despite  instructions  by  their 
hierarchy to comply with this obligation212.  

203 Data according to the online database of the Council of Europe (HUDOC). 
204  Judgment  in  case  M.K.  and  others  v.  France,  applications  No.  34349/18,  34638/18  and  35047/18, 
ECLI:CE:ECHR:2022:1208JUD003434918. At para. 161 and 162 of the Judgment, the ECtHR “deplores the 
complete passivity of the competent administrative authorities with regard to the execution of the decisions of 
the  administrative  court”  and  highlights  that  the  administrative  authorities  concerned  did  not  simply  delay 
enforcement, but opposed a “clear refusal to comply with the injunctions of the national court”.  

205  Defender of Rights, Press release from the Defender of Rights of 8 December 2022. 
206  This was notably the case in large areas of Paris. See Le Monde, 29 March 2023, La très grande discrétion 

des arrêtés interdisant les rassemblements spontanés contre la réforme des retraites. 

207  The  administrative  orders  were  published  either  after  their  entry  into  force,  or  only  in  the  premises  of  the 
administrative  authority.  Information  received  from  the  Ligue  des  Droits  de  l’Homme,  Le  Mouvement 
Associatif and European Civic Forum in the context of the country visit. See also press release from the Ligue 
des Droits de l’Homme of 27 March 2023.  

208  Decision No. 2307385/9 of the Paris Administrative Court of 4 April 2023. 
209  For  instance,  by  Decision  No.  230744  of  1  April  2023,  the  Paris  Administrative  Court  suspended  the 
implementation of a prefect order prohibiting demonstrations in several areas of Paris. The Court considered 
that  the  measures  were  not  necessary  to  safeguard  public  order  and  constituted  a  manifestly  unlawful 
interference with the freedom to demonstrate. 

210  Namely  the  Association  des  chrétiens  pour  l’abolition  de  la  torture,  the  Ligue  des  droits  de  l’homme,  the 

Syndicat des avocats de France and the Syndicat de la magistrature. 

211  Wearing  a  visible  identification  number,  which  allows  citizens  and  the  administration  to  identify  police 
officers  in  order  to  report  irregularities  such  as  the  abusive  use  of  force,  in  particular  to  seek  an  effective 
remedy in court, is mandatory under Art. R434-15 of the Code of Interior Security.  

212  Council of State, decision of 5 April 2023 on interim measures, ECLI:FR:CEORD:2023:472509.20230405. 
The Council of State rejected the interim measures requested, noting that the breaches of the obligation to 
wear an identification number would reflect a sufficiently serious failure to cause a serious and manifestly 
illegal infringement of a fundamental freedom.  

23 

 
                                                           
The  financial  environment  of  civil  society  organisations  remains  favourable,  with 
stakeholders  raising  concerns  on  the  implementation  of  legislation  which  conditions 
access to public funding to respect for the fundamental values of the French Republic. 
The civic space continues to be considered as narrowed213. The financial environment for civil 
society  organisations  (CSOs)  continues  to  be  favourable,  including  through  substantial  tax 
incentives214.  Since  the  last  Rule  of  Law  Report,  the  executive  branch,  as  well  as  local 
authorities, made use of provisions, made stricter by the Law on republican principles215 which 
allow the review and suspension of funding of associations216 or deny authorisation to conduct 
certain activities. The implementation of these provisions is subjected to judicial review217. The 
Government issued several decisions to dissolve associations considered as promoting violent 
actions, some of which were suspended by administrative courts218. Several announcements by 
the Minister of Interior to either trigger dissolution proceedings219 or to review the allocation 
of subsidies to certain CSOs could be perceived as a means to exert pressure220. A challenge 

213  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

214 The  sums  allocated  to  policies  in  favour  of  associations,  excluding  tax  expenditure,  amounted  to  EUR  1.6 
billion euros in 2021. Moreover, the amounts granted annually through tax measures, which include the tax 
advantages applicable to CSOs and incentives for donations, are evaluated to more than EUR 2 billion. Input 
from France for the 2023 Rule of Law Report, pp. 56-57. For more details on the public spending and tax 
measures in favour of CSOs, see Annex to the Draft 2023 Finance Law, Effort financier de l’État en faveur 
des associations. 

215  Law No. 2021-1109 of 24 August 2021 reinforcing respect for the principles of the Republic. For more details 
on its provisions, see 2022 Rule of Law Report, Country Chapter on the rule of law situation in France, pp. 
23-24.  In  particular,  associations  requesting  a  subsidy,  a  State  accreditation  or  a  public  utility  status  must 
subscribe to a “contract of republican commitment”. 

216  By two orders of 28 October 2022, the Prefect of Vienne region requested the Poitiers Administrative Court 
to  order  the  withdrawal  of  subsidies  granted  to  the  Alternatiba  Poitiers  association,  on  the  grounds  that 
workshops on civil disobedience were infringing the association’s contract of republican commitment. The 
case is still pending before the administrative court.  

217  By  decision  of  10  March  2022,  the  Council  of  State  annulled  the  decision  of  a  mayor  to  withdraw  the 
authorisation of an association to organise a public campaign on the grounds that it infringed its contract of 
republican commitment, and that the withdrawal decision was in serious breach of the freedom of expression. 
218  By Decision of 15 May 2022, the Council of State suspended the dissolution of the Groupe Antifasciste Lyon 
et Environs (GALE) pronounced by the Government on 30 March 2022, considering that the Minister of the 
Interior  had  not  demonstrated  that  GALE  incited  to  commit  violent  actions  and  seriously  disturbed  public 
order.  Similarly,  by  Decision  of  28  April  2022,  the  Council  of  State  suspended  the  dissolution  of  the 
association Comité Action Palestine and the de facto group Collectif Palestine Vaincra, as the Government 
had not demonstrated that the positions taken by these associations constituted a call for discrimination, hatred 
or violence or actions aimed at provoking acts of terrorism. 

219  On 28 March 2023, the Minister of Interior declared the intention to impose the dissolution of ‘Soulèvements 
de la Terre’, a CSO gathering a number of associations, on the grounds that it organised and promoted violent 
demonstrations.  Previously,  in  January  2022,  a  similar  announcement  was  made  regarding  the  association 
‘Nantes révoltée’, without formal dissolution proceedings being triggered afterwards. 

220  In particular, a threat to the freedom of association was perceived in the announcement, by the Minister of the 
Interior  before  the  Senate  on  5  April  2023,  to  look  into  the  subsidies  allocated  to  the  Ligue  des  droits  de 
l’Homme following positions it took in the context of pro-environmental demonstrations which gave rise to 
violent incidents. See press release of the Defender of Rights of 14 April 2023 “Des risques d’atteintes aux 
droits et libertés qui fragilisent la démocratie”.  

24 

 
                                                           
filed  by  CSOs  seeking  the  annulment  of  a  decree  implementing  the  Law  on  republican 
principles221 is pending before the Council of State222.  

221  Decree No. 2021-1947 of 31 December 2021 implementing Article 10-1 of Law No. 2000-321 of 12 April 
2000 and approving the republican contract of engagement of associations and foundations benefiting from 
public subsidies or state accreditation. 

222  On 1 March 2022, 25 associations challenged the decree, particularly on the grounds that it does not define 
clearly the obligations imposed on associations by the contract of republican commitment, and gives a broad 
discretion  on  the  administration.  See  press  release  of  2  March  2022  from  Sherpa,  France  Nature 
Environnement,  Greenpeace  France,  Humanité  et  Biodiversité,  Les  Amis  de  la  Terre  France,  LPO, 
Transparency Internationale France, Notre Affaire A Tous and Zero Waste France. 

25 

 
 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Constitutional  Council,  Decision  No.  2022-846  DC  of  19  January  2023,  https://www.conseil-
constitutionnel.fr/decision/2023/2022846DC.htm.  

Constitutional  Council,  Decision  No.  2023-849  DC  of  14  April  2023,  https://www.conseil-
constitutionnel.fr/decision/2023/2023849DC.htm.  

Committee  of  the  Estates  General  of  Justice  (2022),  Report,  Delivering  justice  to  citizens, 
https://medias.vie-publique.fr/data_storage_s3/rapport/pdf/285620.pdf.  

Commission nationale consultative des droits de l’homme (2023), letter of 14 February 2023 to the 
National 
https://www.cncdh.fr/actualite/pjl-jeux-olympiques-et-paralympiques-le-
president-de-la-cncdh-alerte-lassemblee-nationale.  

Assembly, 

Constitutional Council (2023), Decision No. 2023-1046 QPC of 21 April 2023, https://www.conseil-
constitutionnel.fr/decision/2023/20231046QPC.htm.  

Constitutional  Council 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047562010#:~:text=Les%20d%C3%A9put%C
3%A9s%20requ%C3%A9rants%20d%C3%A9f%C3%A8rent%20au,%2C%2015%2C%2017%20et%
2018.  

(2023),  Decision  No. 

2023-850  DC 

17  May 

of 

2023, 

of 

Council 
of 
State, 
ECLI:FR:CEORD:2023:472509.20230405, 
https://www.legifrance.gouv.fr/ceta/id/CETATEXT000047422008?isSuggest=true.  

decision 

April 

2023 

on 

5 

interim 

measures, 

Council of Europe, Platform to promote the protection of journalism and safety of journalists, France, 
https://fom.coe.int/en/pays/detail/11709510. 

Court  of  Audit  (2021),  Communication  to  the  Finance  Committee  of  the  Senate,  ‘Improving  the 
functioning  of  justice  –  stage  point  of  the  digital  transformation  plan  of  the  Ministry  of  Justice’ 
http://www.senat.fr/fileadmin/Fichiers/Images/commission/finances/Controle/58- 
2/Plan_de_transformation_numerique_de_la_justice.pdf.  

Decree No. 2022-1099 of 30 July 2022 establishing a committee for monitoring and anticipating health 
risks. 

Defender of Rights (2023), press release of 14 April 2023, Des risques d’atteintes aux droits et libertés 
qui 
la  démocratie,  https://www.defenseurdesdroits.fr/fr/a-la-une/2023/04/des-risques-
datteintes-aux-droits-et-libertes-qui-fragilisent-la-democratie.  

fragilisent 

Defender of Rights (2022), press release of 8 December 2022, Les défaillances du dispositif national 
d’accueil des demandeurs d’asile condamnées par la CEDH : les conclusions de la Défenseure des 
droits 
https://www.defenseurdesdroits.fr/fr/communique-de-presse/2022/12/les-
defaillances-du-dispositif-national-daccueil-des-demandeurs-dasile.  

confortées, 

European 
https://europa.eu/eurobarometer/surveys/detail/2832. 

Parliament’s 

Flash 

Eurobarometer:  News  &  Media 

Survey 

2022, 

Financial Times (2023) article of 20 June 2023, France probes alleged corruption in Paris Olympics 
contracts https://www.ft.com/content/2fe815d9-c161-4703-bcfe-9c0bce949fb5.  

French Government, Annex to the Draft 2023 Finance Law,  Effort financier de l’État en faveur des 
associations, https://www.budget.gouv.fr/documentation/file-download/19032.  

High Council for the Magistracy (2023), 2022 Annual Activity Report, http://www.conseil-superieur-
magistrature.fr/sites/default/files/rapports_activite/csm_ra_2022.pdf.  

26 

 
High  Council  of  the  Magistracy,  press  release  of  26  October  2022,  http://www.conseil-superieur-
magistrature.fr/publications/avis-et-communiques/communication-du-26-octobre-2022.  

Le  Monde  (2023),  article  of  29  March  2023,  La  très  grande  discrétion  des  arrêtés  interdisant  les 
rassemblements 
retraites,  https://www.lemonde.fr/les-
decodeurs/article/2023/03/29/la-tres-grande-discretion-des-arretes-interdisant-les-rassemblements-
spontanes-contre-la-reforme-des-retraites_6167480_4355770.html.  

spontanés  contre 

réforme  des 

la 

Ministry of Justice (2023), press release of of 14 February 2023, Plan de transformation numérique du 
http://www.presse.justice.gouv.fr/communiques-de-presse-
ministère 
10095/communiques-de-2023-13025/plan-de-transformation-numerique-du-ministere-de-la-justice-
34760.html.  

justice, 

de 

la 

Institutions 
OSCE 
https://www.osce.org/odihr/elections/france/535110. 

Democratic 

Office 

for 

and 

Human 

Rights 

(ODIHR), 

Ligue des Droits de l’Homme, press release of 27 March 2023, Arrêtés d’interdiction de manifestation 
dans  des  rues  ou  places  dans  tout  Paris,  https://www.ldh-france.org/arretes-dinterdiction-de-
manifestation-dans-des-rues-ou-places-dans-tout-paris/.  

Media Pluralism Monitor 2023, country report for France. 

Paris 
2023, 
https://www.dalloz.fr/documentation/Document?id=TA_PARIS_2023-04-01_2307444#texte-integral.  

Administrative 

Decision 

230744 

Court, 

April 

No. 

of 

1 

Paris  Administrative  Court,  Decision  No.  2307385/9  of  4  April  2023,  https://www.dalloz-
actualite.fr/sites/dalloz-
actualite.fr/files/resources/2023/04/ta_paris_4_avril_2023_association_de_defense_des_libertes_const
itutionnelles_et_autres_2307385.pdf.  

Reporters without Borders – France https://rsf.org/en/index?year=2023. 

Reporters without Borders, France must drop makeshift approach to public broadcast media funding, 
https://rsf.org/en/france-must-drop-makeshift-approach-public-broadcast-media-funding. 

Sherpa, France Nature Environnement, Greenpeace France, Humanité et Biodiversité, Les Amis de la 
Terre France, LPO, Transparency Internationale France, Notre Affaire A Tous and Zero Waste France 
(2022),  press  release  of  2  March  2022,  https://www.greenpeace.fr/espace-presse/loi-separatisme-et-
contrat-dengagement-republicain-recours-des-associations-de-defense-de-lenvironnement-et-de-lutte-
contre-la-corruption/.  

Union  Syndicale  des  Magistrats  (2022),  letter  of  13  July  2022  to  the  Minister  of  Justice, 
https://www.union-syndicale-
magistrats.org/web2/themes/fr/userfiles/fichier/courrier/2022/DDSP11juil22.pdf.  

27 

 
Annex II: Country visit to France 

The Commission services held virtual meetings in March and April 2023 with: 

  Agence France Presse  
  Anticor 
  Anti-Corruption Agency 
  Central Office for Combating Corruption and Tax Offenses 
  Conference of Bar Presidents 
  Council of State 
  Defender of rights 
  Delegation of the Bars of France 
  Ethics Commissioner of the National Assembly 
  European Civic Forum 
  High Authority for the Transparency of Public Life 
  High Council for the Judiciary 
  Journalistic Ethics and Mediation Council 
  League for Human Rights 
  Le Mouvement Associatif 
  Ministry of Culture 
  Ministry of Justice 
  Ministry of Foreign Affairs 
  National Commission on Campaign Accounts and Political Financing 
  National Consultative Commission on Human Rights 
  National Council of Bar Associations 
  National Financial Prosecutor 
  National Journalists Union 
  Paris Bar Association 
  Regulatory Authority for Audiovisual and Digital Communication (ARCOM) 
  Reporters without Borders 
  Senate Ethics Committee 
  Syndicat de la Magistrature 
  Union Syndicale des Magistrats 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  

28 

 
 
ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 
 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

29