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Paid deputies: is there a point of controversy?

2021-02-17T17:04:36.246Z


This is unheard of: 57 deputy deputies are paid as parliamentary assistants. An "oddity" to which the Observatory


Republican tradition or legal vacuum?

At a time of transparency in politics, and four years after the earthquake caused by the Pénélope Fillon affair, a study by the Observatory of political and parliamentary life once again shakes the tranquility of the Palais Bourbon, this Wednesday.

In question, the status of both parliamentary assistant and "substitute member" or "substitute member", the one who is elected on the same ballot as the holder of the mandate.

During this term of office, 57 deputy deputies were paid as parliamentary assistants.

A figure never reached before.

How is the substitute or substitute deputy defined?

The deputy's replacement is defined by article LO 176 of the electoral code.

But for several years, this status has been partly clarified by the electoral authorities, as the study reminds us.

The replacement parliamentarian, "elected at the same time" as the incumbent, cannot assert legitimate rights;

he is

"

a person designated in advance subject to a suspensive and uncertain condition ... holds neither mandate, function, nor power" added Jean-Louis Debré, Minister of the Interior, in his answer to a written question (n ° 44870 JO AN of 11/11/1996).

"Only the deputy who exercises his mandate can claim the title of deputy" and the substitute "has no such quality";

the Constitutional Council, in a decision of October 12, 2012 adds “the permanent availability of the person called to replace the parliamentarian whose seat becomes vacant”.

But nothing is specified on the possible conditions of remuneration of these “avatars” of the representatives of the people.

What does the study say?

According to this study, in January 2021, the National Assembly therefore has 57 deputies who pay their "substitutes", de facto employees of the person they can replace.

This represents one tenth of the membership of the Assembly.

Among them, the president of the Assembly, Richard Ferrand (LREM), and a vice-president, Marc Le Fur (LR).

And among the mediatized deputies, Sébastien Chenu, speaks about the National Rally, or the former presidential candidate Jean Lassalle.

Nearly half of these deputies are affiliated with LREM, the majority party in the hemicycle.

Ten parliamentarians Republicans are also the employers of their deputy.

And in terms of geographical distribution, the Rhône, the North and Reunion each have three deputies paying their chosen partner.

As the study points out, this practice is very far from the “republican volunteering” which in theory presides over the role of “replacement deputy”.

According to Denys Pouillard, director of the Observatory, it would be better, to avoid any suspicion of conflict of interest or favoritism, to ban in the future purely and simply this type of recourse.

If, in fact, nothing forbids it, “many questions call out”.

“The declaration of replacement - and its beneficial contribution in electoral logistics - during the declaration of candidacy can not be the object of an exchange consideration for a salaried job on public funds?

“, Asks above all the author of the study.

Since the start of the legislature in June 2017, the Observatory has also counted 61 replacements who have been called upon to fill the seat left vacant by the incumbent.

Some have replaced a deputy who has become a minister, others an elected party in the Senate or even deceased, and still others an elected official having opted for a local executive function because of the law on the non-accumulation of mandates.

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The study also notes a few “sleight of hand” when the parliamentarian has to leave office, as was the case with Laure de La Raudière (Agir) before her appointment to Arcep.

The deputy was discreetly elected to a local executive function, which allowed her to resign for multiple functions and to leave her place to her deputy by avoiding new by-elections.

Should this statute be clarified to avoid controversy?

“The study mentions that 57“ substitute deputies ”are salaried from the budgetary envelope dedicated for this purpose, envelope with which the deputy or titular senator remunerates his collaborators, in particular parliamentary assistants.

This is not a problem as long as there is the exercise of an activity declared and likely to be the subject of an evaluation ”, explains William Genieys, research director at the CEE at Sciences-po.

“Does this remuneration correspond to a job or not?

In the Republic, being a substitute is usually part of good citizenship.

If they are paid as parliamentary assistants and this corresponds to effective work, there is no contradiction.

You just have to make sure that your task is accomplished, ”analyzes political scientist Stéphane Rozès for his part.

A point of view defended by Jean Lassalle, one of the deputies mentioned by the study, who agreed to discuss the remuneration of his deputy, Barthélémy Aguerre, one of his oldest traveling companions.

“My substitute, I hire him, as I always have.

My motivation ?

It is because it is a tradition.

On a territory as vast as mine (Pyrénées-Atlantiques Editor's note), he travels a lot.

It is a form of taking charge of one's activity and a mark of consideration, ”confided to us the elected Pyrenean.

“The involvement of my deputy is strong on the representation in my constituency, he is clearly established as the representative of the titular deputy that I am.

The deputy cannot be both in Paris and in his constituency, ”adds the deputy from Bearn.

“I think we should legally clarify this function.

We form a tandem, we collect the same voices.

In areas that are truly marked by identity (Béarnais and Basques Editor's note), this is important, ”emphasizes Jean Lassalle, however.

“When I was a presidential candidate, I already proposed to deal with this problem and to rebuild a state which should be a symbol.

But at the time no one wanted to watch them, ”even the parliamentarian quipped.

Among observers of political life, we do not see much interest in creating a special status if there is no “favoritism” or fictitious employment.

“In France, it is the deputy elected by universal suffrage who“ wins everything ”, and it is very well like that.

The substitute is a bit invisible in the election.

We do not vote for a ticket, it is not the US presidential election, ”recalls William Genieys.

“To create a statute would be equivalent to creating a career while the mandates of deputy are fixed-term contracts, as are those of his parliamentary attachés.

"From there to advance the idea of ​​a conflict of interest with a replacement deputy, as a liege man negotiating a salaried job on public funds, it is perhaps going quickly and far", tempers this specialist of the sociology of political elites.

"For the possible question of the non-accomplishment of activities financed by public money, the researcher laughs, ANTICOR, the press and the courts are there to take care of it ...".

Source: leparis

All news articles on 2021-02-17

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