Business Alert

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.