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Mediator of the French Republic Enactments
SECTION 1 The Mediator of the French Republic, an independent authority, shall, under the conditions laid down in this Act, receive complaints concerning the working of government offices, local authorities, public establishments and any other bodies vested with a public service mission, in respect of their dealings with the public. Within the limit of his competence, he shall not take orders from any other authority. SECTION 2 The Mediator of the French Republic shall be appointed for a period of six years by decree of the Council of Ministers. He may only be removed from office before term if he is no longer able to perform his duties, as established in accordance with the conditions laid down by decree of the Council of State. His term shall not be renewable. SECTION 3 The Mediator of the French Republic shall be immune from prosecution,
arrest, detention and judgement in respect of any opinions he may voice
or any acts he may accomplish in the performance of his duties. SECTION 4 Section L. 194-I, worded as follows, shall be added to the Electoral
Code: "Art. L. 194-I - Throughout his term of office, the
Mediator of the French Republic may only stand for regional elections
(Conseil General) if he already held such office prior to this appointment". SECTION 5 Section L. 230-I , worded as follows, shall be added to the Electoral Code: "Art. L. 230-I - Throughout his term of office, the Mediator of the French Republic may only stand for local government elections if he already held such office prior to his appointment". SECTION 6 Any natural person or corporate body who believes, with respect to a matter concerning him or her, that an organisation referred to under Section 1 has failed to perform in accordance with its appointed mission may, by individual claim, request that the matter be brought to the notice of the Mediator of the French Republic. Claims shall be addressed to members of Parliament who shall transmit them to the Mediator of the French Republic if they consider that such claims lie within his competence and warrant his intervention. Members of Parliament may also, on their own initiative, refer matters to the Mediator of the French Republic which lie within his competence and appear to them to warrant his intervention. At the request of any of the six standing committees of their Assembly, the speakers of the Senate and the National Assembly may also refer to the Mediator of the French Republic any petition brought before either of the two houses.
All claims must be proceeded by appropriate action taken through the relevant official channels. Such claims shall not interfere with the time limit stipulated for instigating proceedings, particularly before competent jurisdictions.
Claims in respect of litigation which may arise between the government or other bodies referred to under the first section and their officials may not be referred to the Mediator of the French Republic. The provisions of this Section shall no longer be applicable to such officials after cessation of their duties.
When he considers that a claim is justified, the Mediator of the French Republic shall make such recommendations as he deems necessary to resolve the difficulties referred to him and, where appropriate, shall make any proposals which may improve the workings of the organisation or body concerned. When it appears to the Mediator of the French Republic in respect of a claim which has been referred to him, that application of the appropriate legislation or regulations would result in an injustice, he may recommend to the organisation or body concerned such solutions as may result in an equitable outcome to the applicant's case: he may propose to the relevant authority such measures as he considers appropriate to remedy the said situation and suggest such modifications to the legislation or regulations as he deems fit. The Mediator of the French Republic shall be informed of the outcome of any intervention on his part. Failing a satisfactory reply within the period he has stipulated he may publicly disclose his recommendations. The body or organisation concerned may also publicly disclose its reply and, where applicable, the decision it has taken in response to the intervention of the Mediator of the French Republic.
Failing action on the part of the competent authority, the Mediator of
the French Republic may, in lieu and instead of the said authority, initiate
disciplinary proceedings against any other responsible official or, where
appropriate, refer the matter to the criminal court. SECTION 11 The Mediator of the French Republic may not intervene in any proceedings brought before a court nor question the soundness of a court decision, but he shall be entitled to make recommendations to the body or organisation concerned. He shall also be entitled, in the event of failure to execute a court
decision which has acquired force of res iudicata, to request that the
body or organisation concerned comply with the decision within a period
stipulated by himself. If this injunction is not complied with, non-execution
of the court decision shall be the subject of a special report presented
in accordance with the conditions laid out in Section 14 and published
in the Official Journal. SECTION 12 All ministers and public authorities must facilitate the task of the Mediator of the French Republic. They shall authorise all officials under their authority to reply to any questions asked of them and to any requests made by the Mediator of the French Republic to appear before him; they shall allow the inspection authorities to carry out any verifications and investigations requested by the Mediator of the French Republic within the scope of their competence. Such officials and inspection authorities must either reply or accede to such requests. They must take all necessary steps to ensure compliance with these requirements. The Vice-President of the Council of State and the First Presiding Judge
of the State Audit Office shall undertake such investigations as the Mediator
of the French Republic may request. SECTION 13 The Mediator of the French Republic may ask the appropriate
Minister or the relevant authority to transmit to him all documents and
files concerning the case under review. Such requests may not be refused
on the grounds of secrecy or confidentiality except in the case of secrets
pertaining to national defence, State security or foreign policy. In order
to ensure the respect of laws and regulations pertaining to professional
secrecy, he shall take the necessary steps to ensure that nothing is mentioned
in the documents published under his authority which could lead to the
identification of persons whose name has thus been disclosed to him. SECTION 14 The Mediator of the French Republic shall present the President of the
French Republic and Parliament with an annual report on his activities.
This report shall be published. SECTION 14 Any person who includes or allows to be included the name of the Mediator
of the French Republic, whether followed by an indication of his position
or not, in any propaganda or advertising document of any nature whatsoever,
shall be liable to a sentence of one to six months' imprisonment and a
fine of FRF 2 000 to 10 000, or to one of these two sentences only. SECTION 15 The credits required to carry out the mission of the Mediator of the French Republic shall be included in the budget of the Prime Minister's office. The provisions of the law of 10th August 1922 relating to financial control shall not be applicable thereto. The Mediator of the French Republic shall present his accounts for inspection by the State Audit Office. The staff of the Mediator of the French Republic shall be appointed by him for the duration of his term of office. They shall be bound by the obligations set out in Section 10 of Government order no. 590-244 of 4th February 1959 relating to the general terms of employment of civil servants. When the said staff are State civil servant or local government employees, their readmission into their original corps shall be guaranteed, as determined by decree of the Council of State.
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