Analysis
14 July 2021

The evaluation mission of the Sapin II law calls for a boost in France’s anti-corruption policy

Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates

 

On 7 July 2021, French Members of Parliament (“MPs”) Mr. Raphaël Gauvain and Mr. Olivier Marleix, submitted their information report on the evaluation of the “Sapin II” law[i]. About four years after the law came into force, the MPs have carried out in-depth assessment of the main contributions made by the “Sapin II” law and they formulated fifty proposals to improve the policy of fighting against corruption in France[ii].

These fifty proposals for improvement are in line with four main objectives:

  • Clarifying the institutional organization of anti-corruption policy in France[iii]. The MPs propose to strengthen the government’s steering of anti-corruption policy by regularly convening a specialized committee composed of representatives of various ministries. The French Anticorruption Agency would provide to this specialized committee a permanent secretariat and transfer its support and control missions to the High Authority for the Transparency of Public Life (“HATVP”), in order to create a new single authority, the High Authority for Probity (proposals n° 10 and 11)[iv].
  • Promote the use of the judicial public interest agreement also known as “CJIP”[v]. To do so, it is recommended that the use of internal investigations be encouraged, by providing a better framework for their use and by offering more guarantees to individuals (proposal no. 27)[vi]. The MPs also suggest the creation a specific guilty plea procedure applicable to natural persons in cases of corruption and breach of probity offenses (proposal no. 26)[vii].
  • Strengthening the protection of whistleblowers and the quality of the processing of whistleblowers reports[viii]. The MPs suggest that the Defender of Rights (Défenseur des Droits) be given the role of directing whistleblower reports to the competent authorities and certifying the status of whistleblower. This certification, which could also be issued by the judge, would give the whistleblower a right to compensation by an indemnity fund (proposals n° 36 to 40)[ix].
  • Improving transparency in lobbying activities[x]. The PMs recommend that public decision-makers be made more accountable by asking them to forward to their ethics officer the list of lobbyists with whom they have come into contact (proposal no. 46)[xi]. Finally, they propose to grant the HATVP the power to impose administrative sanctions so that it can give formal notice to an interest representative who does not comply with his or her obligations and extend its investigative powers to make controls more effective (proposal n°42)[xii].

Related content

Press review
Press review - Week of 26 September 2022
30 September 2022
Press review – Week of 26 September 2022
In this press review, you will find an analysis of a recent decision of the French Cour de cassation which reiterates the legal obligations of financial institutions rega...
Press review
Press review - Week of 19 September 2022
23 September 2022
Press review – Week of 19 September 2022
In this week's press review, you will discover the criminal initiatives at the European Union level announced by the President of the European Commission, and the new Fre...
Press review
Press review - Week of 12 September 2022
16 September 2022
Press review – Week of 12 September 2022
In this week's press review, you will find three articles on white collar crime. Firstly, clarifications related to the cumulation of qualification for tax fraud and omis...
Press review
Press review - Week of 29 August 2022
2 September 2022
Press review – Week of 29 August 2022
In this press review you will find the implications for France following the delay of transposition of the European directive on whistleblowers. The French Conseil d'Etat...
Press review
Press review - Week of 25 july 2022
29 July 2022
Press review – Week of 25 July 2022
In this review, you will discover two CNIL’s recent decisions, the first one aiming at protecting data rental cars’ users and the second one aiming at regulating the ...
Press review
Press review - Week of 11 july 2022
15 July 2022
Press review – Week of 11 July 2022
In this press review you will find a decision of the French Cour de cassation which clarifies the interpretation of the principle of speciality in extradition matters. Mo...
Analysis
Transposition of the European Whistleblowers Directive: Towards a reinforcement of the French protection system
14 July 2022
Transposition of the European Whistleblowers Directive: Towards a reinforcement of the French protection system
The text of the law aimed at improving the protection of whistleblowers, drafted by the Joint Committee, was approved by the National Assembly on 8 February and by the Se...
Analysis
The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters
14 July 2022
The challenges of environmental criminal law in the light of the deferred prosecution agreement in environmental matters
A new deferred prosecution agreement in environmental matters is an opportunity to review the creation of this new mechanism serving French environmental criminal law, bu...
Publication
BDN 2022
14 July 2022
Bastille Day Newsletter 2022
On this 14th of July, lawyers at Navacelle offer you, as it does every year, a selection of noticeable events which occurred in France during the last 12 months in the fi...
Analysis
transfer of criminal liability following a merger or acquisition
14 July 2022
Transfer of criminal liability following a merger or acquisition
In a ruling of April 13, 2022, the Court clarified the nature of the control that must be performed by judges on prosecutions against absorbing companies after its histor...
Analysis
The cumulation of criminal and administrative sanctions in tax fraud
14 July 2022
The cumulation of criminal and administrative sanctions in tax fraud
The judges of the Court of Cassation recently ruled on the cumulation of criminal and fiscal sanctions in tax fraud cases. This decision confirms the case law which permi...
Publication
The Guide to Sanctions -GIR (2022)
10 July 2022
The Guide to Sanctions (2022) – GIR
Navacelle co-author of the third edition of the Global Investigation Review's Guide to Sanctions.