Better Regulation in Europe: France 2010

This report maps and analyses the core issues which together make up effective regulatory management for France, laying down a framework of what should be driving regulatory policy and reform in the future.


The importance of effective regulation has never been so clear as it is today, in the wake of the worst economic downturn since the Great Depression. But how exactly can Better Regulation policy improve countries’ economic and social welfare prospects, underpin sustained growth and strengthen their resilience? What, in fact, is effective regulation? What should be the shape and direction of Better Regulation policy over the next decade? Issues examined include: • Strategy and policies for improving regulatory management. • Institutional capacities for effective regulation and the broader policy making context. • Transparency and processes for effective public consultation and communication. • Processes for the development of new regulations, including impact assessment, and for the management of the regulatory stock, including administrative burdens. • Compliance rates, enforcement policy and appeal processes. • The multilevel dimension: interface between different levels of government and interface between national processes and those of the EU. The participating countries are: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and the United Kingdom. Abbreviations and acronyms Country Profile – France Executive Summary Introduction: Conduct of the review Chapter 1: Strategy and policies for Better Regulation Assessment and recommendations Background Economic context and drivers of Better Regulation Developments in France’s Better Regulation agenda Guiding principles for the current Better Regulation agenda Main Better Regulation policies Communication on Better Regulation strategy and policies Ex post evaluation of Better Regulation strategy and policies E-Government in support of Better Regulation Chapter 2: Institutional capacities for Better Regulation Assessment and recommendations Background The French public governance context Institutional framework for devising public policies and regulations Developments in Better Regulation institutions Key institutional players for Better Regulation policy Resources and training Chapter 3: Transparency through consultation and communication Assessment and recommendations Background Public consultation on regulations Public consultation on regulations Access to the law Chapter 4: The development of new regulations Assessment and recommendations Background The development of legislation Ex ante impact studies Ex post evaluation of regulations Alternatives to legislation Taking account of risk Chapter 5: The management and rationalisation of existing regulation Assessment and recommendations Background General background: The aims of administrative simplification in France Simplifying the law Methodology and process Subnational levels of government Chapter 6: Compliance, enforcement, appeals Assessment and recommendations Background Compliance and enforcement Types of recourse against administrative decisions Chapter 7: The interface between member states and the European Union Assessment and recommendations Background General context Negotiating EU regulations Transposing EU directives Link with the European Commission’s policy on regulatory governance Chapter 8: The interface between subnational and national levels of government Assessment and recommendations Background Structure, responsibilities and funding of local governments So-called “deconcentrated” state services Regulatory governance policies at the subnational level Co-ordination mechanisms Bibliography Annex A: Powers transferred to the territorial communities Annex B: Application of laws Annex C: Structure of the “Guide for drafting legislation and regulations” Annex D: The Constitutional Reform of 23 July 2008 Annex E: Independent administrative authorities Annex F:The process of preparing laws and decrees in France Annex G: Local level use of ICT Annex H: Reference system for impact assessments Annex I: Progress report on the 15 measures outlined on 19 October 2009