French Council of State Excludes Right to Functional Protection for Public Officials Prosecuted Before the Court of Auditors
Paris, February 12, 2025 – The French Council of State has ruled that public officials prosecuted before the Court of Auditors are not entitled to functional protection. This decision, published in the Journal Officiel de la République Française on February 12, 2025, marks a significant shift in the legal landscape for public officials in France.
Background
Functional protection is a right granted to public officials that requires their employing authority to provide them with legal and financial assistance in the event that they are prosecuted for acts committed in the course of their official duties. This protection is intended to safeguard the interests of the public service and to ensure that public officials can carry out their duties without fear of personal liability.
The Case
The case that led to the Council of State’s decision involved a public official who was prosecuted before the Court of Auditors for alleged financial mismanagement. The official requested functional protection from his employing authority, but the request was denied. The official appealed the denial, arguing that he was entitled to functional protection because the allegations against him arose from his official duties.
The Council of State’s Decision
The Council of State dismissed the official’s appeal, ruling that public officials prosecuted before the Court of Auditors are not entitled to functional protection. The court found that the Court of Auditors is an independent and autonomous body that is not subject to the same rules and procedures as the ordinary courts. As such, the court held that the provisions of the French Code of Criminal Procedure that grant functional protection to public officials do not apply to proceedings before the Court of Auditors.
Implications of the Decision
The Council of State’s decision has significant implications for public officials in France. It means that public officials who are prosecuted before the Court of Auditors will no longer be entitled to automatic functional protection from their employing authorities. This will make it more difficult for public officials to defend themselves against allegations of financial misconduct and could lead to increased personal liability for such officials.
Reaction from Public Officials
Public officials have expressed concern about the Council of State’s decision. They argue that it will weaken the protection of public officials and make it more difficult for them to carry out their duties effectively. Some public officials have threatened to take legal action to challenge the decision.
Conclusion
The Council of State’s decision excluding the right to functional protection for public officials prosecuted before the Court of Auditors is a major development in French law. It is likely to have a significant impact on the way that public officials are prosecuted and held accountable for their actions. The decision has raised concerns among public officials, and it remains to be seen how the courts and the government will respond to these concerns.
Lettre de la DAJ – Le Conseil d’Etat exclut le droit à la protection fonctionnelle pour les agents publics poursuivis devant la Cour des comptes
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