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 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...
Press review
Press review - Week of 26 december 2022
30 December 2022
Press review – Week of 26 December 2022
In this week's news, there are several important events in criminal law. First, the criminal Charles Sobhraj, otherwise known as...
Press review
Press review - Week of 19 december 2022
23 December 2022
Press review – Week of 19 December 2022
This week's press review presents the outcome of an investigation by the Paris Bar Council against several lawyers for ethical...
Press review
Press review - Week of 12 december 2022
16 December 2022
Press review – Week of 12 December 2022
In this press review, from a judicial point of view, there are several important events: The Court de Cassation ruled...
Press review
Week 5 December 2022
9 December 2022
Press review – Week of 5 December 2022
In this press review, you will have the opportunity to discover two court decisions. The first one, is issued by...
News
ABA
6 December 2022
Launch of the international guide to corporate internal invgestigations
NAVACELLE co-hosted the launch of the ABA guide in Dubai along with Al Tamimi & Company, Bär & Karrer and...
Press review
2 December 2022
Press review – Week of 28 November 2022
In this press review, you will discover several important judicial events: the French Supreme Court clarified the status of victim...
Press review
Week of 21 November 2022
25 November 2022
Press review – Week of 21 November 2022
In this press review, you will discover the opening of a preliminary investigation by the French National Financial Prosecutor’s Office...
Analysis
21 November 2022
Judicial Agreement of Public Interest for aggravated tax fraud laundering and illegal canvassing
Credit Suisse escapes prosecution and agrees to pay a public interest fine of 123,000,000 euros under the 13th deferred prosecution...