storm in a teacup? | EUROtoday
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EBy inviting herself to the France Inter morning present on July 24, or by donning overalls as she did on Wednesday July 31 to fulfill workers of the Duralex manufacturing facility in Loiret, did Lucie Castets, director of finance and buying for the City of Paris, fail within the “duty of reserve” linked to her standing as a (senior) civil servant? The controversy is rising.
It was launched by an article within the Chained Duckwho’s shocked that the “candidate” for the submit of Prime Minister, designated after lengthy negotiations by the New Popular Front (NFP), three days earlier than the opening of the Olympic Games, “forgot” to place herself “on leave” earlier than throwing herself into the political area. According to the DuckLucie Castets was content material to take go away till August 30, hoping that by then, Emmanuel Macron can have chosen a tenant for Matignon.
If her political actions had been to proceed past her summer season trip, Lucie Castets would request “an administrative position of availability,” argues the Paris City Hall. Stanislas Guérini, the resigning (however nonetheless serving) Minister of Public Transformation, doesn’t see it that method. “When you are a civil servant, you of course have the right to campaign in a party. But if you want to express and carry your opinions without reservation, then that is not compatible with the status of civil servant. Unless you put yourself on leave,” he denounces.
Standing agency, the Parisian elected representatives of the opposition wrote to the nationwide monetary prosecutor, stating “a violation of the duty of confidentiality [de Mme Castets]by his political positions, which exposes him, at the very least, to disciplinary action.” A wierd method, for the reason that public prosecutor has no jurisdiction on this matter. This is why the elected officers additionally point out a “possible misappropriation of public funds”, Lucie Castets, paid by the City of Paris, having been capable of “benefit from the town hall's press service”.
“I can see that the Parisian right-wing opposition is trying to find support points against the NFP, which came out on top in the elections,” the 37-year-old senior civil servant, a graduate of the ENA, defended herself. “This is diverting the debate from the real issues,” she complained, specifying that each one her journey bills are lined by the New Popular Front. “My personal situation is very clear and, obviously, I made sure that everything was in order,” she insisted on Thursday, 1er August on RTL. “I have the right to have opinions and political activities,” she claims. Before conceding: “If necessary, when the time comes, I will take time off.”
What does the legislation ?
The legislation solely expressly mentions the “duty of reserve” for just a few particular classes of civil servants, particularly the navy – the well-known “great mute” -, magistrates of the judicial order and cops. For the remainder, the obligation of reserve just isn’t written in any legislative marble; the precept arises from case legislation, in different phrases from the choices of the courts and tribunals.
The Council of State talked about it for the primary time in a ruling of 15 January 1935, regarding an workplace employee who was forcibly transferred after making remarks deemed too vital of the federal government in energy, as a part of an election marketing campaign. The excessive courtroom had admitted that the agent in query, the person named Bouzanquet, had “failed to exercise the reserve” imposed on him by his standing, for the reason that expression of his political opinion might hurt the administration to which he belonged.
This “duty of reserve” was subsequently taken up in quite a few choices, together with the Tessier ruling of 13 March 1953, which confirmed the validity of the dismissal of a CNRS director, after the publication within the press, by a bunch of which he was the honorary president, of an “open letter” – which he had not signed – containing “violent and insulting attacks” in opposition to the chief energy. However, this “duty of reserve” was not taken up within the normal standing of civil servants of 1980, nor by the legislation of 20 April 2016 referring to the ethics and rights and obligations of civil servants.
READ ALSO Lucie Castets able to “seek compromises”, however not with the RNFailure to adjust to the obligation of confidentiality, constituting a disciplinary offence, is topic to a “discriminatory assessment” – understood on a case-by-case foundation – by the hierarchical authority, underneath the management of the executive decide.
What can a civil servant say, when, the place and the way? Administrative courts attempt to reconcile the fitting to freedom of opinion, proclaimed in Article 10 of the Declaration of the Rights of Man of 1789 (“No one shall be disturbed for his opinions, even religious ones, provided that their manifestation does not disturb the public order established by the Law”), and the obligation of reserve which is imposed “on all public officials”, as reaffirmed by the Council of State in a call of 28 July 1993.
When studying the choices rendered, we observe that the obligation of reserve is assessed in a fluctuating method, in mild of a number of components: the upper the hierarchical degree of the civil servant, the stricter his obligation of reserve. Comments expressed publicly, within the press particularly, additionally require extra restraint. Civil servants posted overseas are topic to a strengthened obligation of reserve. The type of expression is a preponderant criterion, insulting and outrageous phrases being, logically, sanctioned greater than an opinion defended with moderation and with out animosity. Comments more likely to hurt the picture and fame of the general public service additionally give rise to extra sanctions.
The proper to take part in an electoral marketing campaign and to face for election is recognised for civil servants, however with respect for his or her obligation of reserve, which suggests a sure moderation within the positions taken, their expression having the ability to happen, furthermore, solely exterior of service and dealing hours.
As we are able to see, two ideas are in battle, which the executive decide should arbitrate. Article 6 of the legislation of 13 July 1983 on the rights and obligations of civil servants ensures them “freedom of opinion”. On the opposite, the overall code of the civil service, in its articles L 121-1 and following, requires public officers to have an obligation of “impartiality” and “neutrality”, which requires them to train reserve and restraint within the expression (written or oral) of their private opinions, throughout and out of doors work.
Thus, the obligation of reserve doesn’t restrict freedom of opinion, however that of their expression. If freedom of conscience is absolute, the liberty of expression acknowledged for civil servants just isn’t. In the efficiency of the service, the State can require an agent to chorus from any act more likely to solid doubt on his neutrality and loyalty to the establishments and the federal government. Outside of the service, freedom of expression turns into the precept once more, however this freedom just isn’t with out limits, significantly for civil servants occupying a “higher position”. In addition to this obligation of reserve, there’s an obligation of “professional discretion” (on the exercise of the administration to which the agent belongs); respect for skilled secrecy, with regard to the non-public data of customers of the general public service; an obligation of neutrality which prohibits particularly civil servants – contract employees within the administration are additionally involved – from expressing their spiritual beliefs in the direction of customers and their colleagues (article L 121-2 of the overall code of the civil service).
Little danger
In abstract, the duty of reserve requires civil servants, who’re in any other case assured freedom of expression, to train restraint in expressing their opinions, significantly political ones. Unless they’re members of the navy, police or Justice of the Peace, this obligation just isn’t included within the legislation; it’s assessed by the executive decide, who could also be notified when a disciplinary sanction is taken by the hierarchy.
Unless she desires to mimic Jean-Luc Mélenchon's excesses, Lucie Castets is due to this fact taking little danger by partaking on this unusual marketing campaign throughout her trip. She is taking even much less danger as a result of she is, a priori, supported by her “hierarchical authority”, the mayor of Paris, Anne Hidalgo.
On the opposite hand, utilizing the administration's sources for private functions would expose it to prison sanctions. But that's one other story…
https://www.lepoint.fr/politique/lucie-castets-et-le-devoir-de-reserve-tempete-dans-un-verre-d-eau-01-08-2024-2566972_20.php