Functioning of Public Establishments and Administrative Bodies During the French State of Health Emergency
April 24, 2020
Possibility of dematerialized deliberations for the deliberative bodies
- Persons concerned: public establishments, whatever their status, public interest groups, commissions and any collegial administrative body intended to adopt opinions or decisions.
- Examples: French Office for Biodiversity (OFB), Local Mission of the Environmental Authority, Superior or Departmental Council for the Prevention of Technological Risks, etc.
- Deliberation organized remotely
- Validity of deliberations: device allowing the identification of the participant and the respect of confidentiality, quorum of half of the members in the hypothesis of written exchanges by electronic means.
- Conduct of the meeting: conference call or audio-visual, electronic written exchanges.
- Recording and conservation of debates: these modalities can be fixed by a deliberation organized remotely.
Delegation of authority from deliberative bodies to executive bodies
- Persons concerned: the board of directors or any deliberative body having decision-making power, in particular of a public establishment or a public interest group.
- Examples: French Office for Biodiversity (OFB), Environment and Energy Management Agency (ADEME), etc.
- Modality of delegation of powers including contrary to the status of the establishment.
- Emergency: deliberation of delegation enforceable upon its adoption.
- Emergency + unable to hold meeting: the executive representative may take action until the board of directors or deliberative body can meet again.
- Responsibility of the delegation holder: he/she reports on the exercise of his/her powers to the deliberative body.