Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | Yes, throughout government | |
| Are these plans available to general public? | Yes | |
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, throughout government | |
| Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; directly distributed to inter...
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On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; directly distributed to interested stakeholders. |
|
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | No | |
| Is the entire text of the proposed draft published? | Yes, throughout government | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, throughout government | |
| How are the comments received? |
On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business association...
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On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups. |
http://www.consultations-publiques.developpement-durable.gouv.fr/
http://www.performance-publique.budget.gouv.fr http://www.economie.gouv.fr/consultations-publiques Consultation requirements are by sector. Meetings with stakeholders are organized by civil servants or the relevant minister’s private office. |
| Are received comments publicly accessible? | Yes, throughout government | |
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | No | |
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, throughout government |
It usually takes the form of a publication of the summary of all observations.
|
| How does the government report on the results of the consultation? |
Prepares one consolidated response. Provides customized responses. |
Reporting on potential consultations depends on the regulations since they are sector-specific.
|
| Where does the government report on the results of the consultation? | On the website of the relevant ministry or regulator. | |
| Is reporting on the results of the consultation required by law? | Yes |
Article 3 of Decree No. 2011-1832 of December 8, 2011 on open consultations on the Internet:
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000024937266&fastPos=2&fastReqId=1408268988&categorieLien=id&oldAction=rechTexte |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government | |
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | Yes |
A significant impact as defined by the Prime Minister's circular of October 12, 2015.
|
| Are there any specific regulatory impact assessment guidelines? | Yes | |
| Are impact assessments required by law? | Yes |
Impact assessment are required by an Organic Law – that is, a law that overrules ordinary laws – namely, the Organic Law n° 2009-403, April 15, 2009 relating to the use of Articles 34-1, 39 and 44 of the Constitution. Additional rules were tailored to specific laws: finance laws (Article 51 of the organic law n° 2001-692 of August 1, 2001 relating to finance laws) and the law on the funding of social security (Article LO 111-4 of the Social Security Code).
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000020521873 http://www.legifrance.gouv.fr/Droit-francais/Etudes-d-impact/Etudes-d-impact-des-lois/Textes-de-reference |
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? | Through a unified website for all proposed regulations; through the website of the relevant ministry or regulator. | |
| When is this assessment distributed? | After the consultation period for the proposed legislation. | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
Article 8 of the Constitutional Law of April 15, 2009 on the submission of bills.
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. |
The Council of State - France's highest administrative jurisdiction - examines preliminary assessments. If preliminary assessments are considered inco...
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The Council of State - France's highest administrative jurisdiction - examines preliminary assessments. If preliminary assessments are considered incomplete, the government has to modify or supplement them. The Council of State may reject a draft law should the preliminary assessment be considered insufficient. |
| Question | Answer | Note |
|---|---|---|
| Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency? | Yes | |
| When appealing against adverse regulatory decisions, which options are typically available to affected parties? |
Administrative review by the regulatory body Judicial review |
|
| Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised? | No |