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Browse Profiles > France > Code of Good Practices on Transparency in Fiscal Policy |
| Score | Rank | |
| Standards Compliance Index | 65.83 out of 100 | 6 |
| Business Indicator Index | 9.73 out of 12 | 29 |
France|
Code of Good Practices on Transparency in Fiscal Policy
According to a succession of Reports on the Observance of Standards and Codes (ROSC) published by the International Monetary Fund (IMF) in 2000, 2001, 2002, and 2004, the French fiscal policy process is highly transparent and has been subject to ongoing improvement. Key to the progress achieved in recent years has been the passage and progressive implementation of a new Organic Law on the Budget Acts, first achieving parliamentary approval in 2001 and attaining full implementation in 2006. France scores an 86% (extensive) rating in the International Budget Project's Open Budget Index of 2006 as compiled by Michel Bouvier for the Open Budget Initiative. The IMF's 2007 Article IV Consultation report announced that France had recently embarked upon a comprehensive review of its public policy, with positive implications for its approach to fiscal reform. General Overview The IMF first conducted a fiscal transparency ROSC in 2000, at which time it reported that France displays "a high level of fiscal transparency and has introduced a number of improvements in coverage and presentation of fiscal information in recent years." Nonetheless, the report found some areas in which more improvements could be achieved, particularly to do with quasi-fiscal activities of public enterprises and deregulation issues. Fiscal ROSC updates were carried out in 2001, 2002, and 2004 by the IMF, marking points of progress toward even more fiscal transparency. Perhaps the most significant changes derive from the implementation of the new Organic Law on the Budget Acts of August 1, 2001 which, as the IMF's 2004 ROSC reported, "becomes fully effective on January 1, 2006" (p. 1). Changes to the fiscal policy process include the formal submission of a multi-annual framework to parliament every year along with the annual appropriations as part of the Budget Act. Four-year projections of revenue, spending, and balances are required, and must be presented according to national accounting conventions. The budget document must also include "a presentation of the government's policy with respect to European Union (EU) commitments" (IMF ROSC 2004, p. 1). Budget debate as carried out by parliament is now institutionalized by the new law. The parliamentary debate also reviews prior year budget execution, facilitated by the State Audit Office's preliminary report. The 2004 ROSC update added that, beginning in 2004, parafiscal levies were eliminated, and in 2005 the budget's 47 component "Annual Performance Plans" had to detail the appropriations allocated to each component mission, along with performance indicators to enable ex-post assessment. Finally, there must be "an estimate of the government's off-balance-sheet commitments" (p. 2). The new Organic Law also assigns to the State Audit Office the responsibility of certifying the public accounts.The Principles
The original 2000 IMF ROSC found that "the boundary between general government and the rest of the economy is well defined." According to the report, France employs the European System of Accounts (ESA95), and the legal underpinning of the fiscal policy process offers a clear allocation of roles between the government and the broader society. The allocation of responsibilities across the various levels of government and across government agencies is well defined in law as well. Local authorities receive their mandate from the Constitution, which grants them autonomy within parameters set in law, particularly the Decentralization Act of 1982. The division of power across the three branches of government is also spelled out. One problematic area was the continued public sector involvement in quasi-fiscal activity, but the ROSC acknowledged that this was changing with ongoing efforts at privatization and regulatory reform. The 2000 ROSC noted that "deconcentration of administration within state service agencies has strengthened the powers of the prefects of administrative districts to coordinate all services of the state within their districts, as well as to coordinate with local authorities." The Tax Code and related laws are publicly accessible, and changes thereto are discussed annually in parliament as part of the budget debate. The Ministry of Finance offers public access to a "taxpayers' charter" that explains avenues of recourse in the case of challenges to decisions by the tax administration. The 2002 ROSC added that the new Organic Law on Budgetary Procedures mandates truthfulness in the annual budget law regarding disclosure of the central government's financial resources and obligations, and mandates that a review of any new legislation or regulations that affect government finances be done in the same year in which such laws or regulations are implemented.
Writing for the OBI, Michel Bouvier calculated a score of 89% for France on the Open Budget Index for 2006, earning France a rating of "extensive" openness. Scoring for the OBI is based on whether or not a country produces and makes public seven key budget documents: Pre-Budget Statement, Executive's Budget Proposal, Citizens' Budget, In-Year Reports, Mid-Year Report, Year-End Report, and Auditor's Report. France produces all seven, and makes them all publicly available. Of the seven documents, the Executive's Budget Proposal is of singular importance, and on this document, France earns a high score of 86% thanks to the comprehensiveness of the information provided. However, the OBI still finds some room for improvement. Additionally, the OBI report shows that although France does hold public budget hearings, there is no provision for public participation therein.
The 2000 ROSC noted that "budget documents provide a comprehensive coverage of general government," including information on expenditures that, in the past, were handled off-budget. While cost-sharing contributions are estimated, they are not made explicit in the actual budget projections. The annual Spring Report of the National Economic Commission documents the debt, expenditure, taxes, and deficits that occurred in the two prior years, the current year, and estimates them for the upcoming year. Updates to these figures are provided in the Economic, Financial, and Social Report that is published in the fall of each year. Four-year forecasts (for the upcoming budget year and three years ahead) are also produced, in line with the EU Stability and Growth Pact requirements. The Treasury provides regular and timely reports on government debt data, according to the 2000 ROSC. Monthly reports are produced with a two and a half month lag, and summary annual debt reports appear withy a lag of about three and a half months. For a more detailed annual debt report, the lag is about nine months. The Treasury also provides a monthly Summary of Treasury Operations that contains information on the government's financial assets. France has long been a subscriber to the IMF's Special Data Dissemination Standard, and has met all specifications for its metadata and the provision of advance release calendars since 2000. The 2002 ROSC adds that the new Organic Budget Law confers on parliamentary budget committees the right to access financial and administrative documents bearing on their oversight function and the right to call hearings. It also requires that the Court of Audit respond to parliamentary queries relating to the budget.
According to the IMF's 2000 ROSC, the Constitution provides the mandate for the Court of Audit, an independent body of judges that are charged with the task of overseeing the management of fiscal policy. Members of the Court are professionals who review the execution of the budget and oversee the financing of social security. The Court reports to parliament on the government accounts and the social security system, "verifying the regularity and accuracy of the accounts and verifying the quality of management and the proper use of public funds." In addition, the Court provides occasional reports on particular topics of interest to the legislative and executive branches, and may undertake to carry out inquiries at the request of parliament. Parliamentary budget committees are empowered by law to review financial and administrative information and can schedule hearings when needed, according to the terms of the 2001 Organic Law on Budgetary Procedures, and can oblige the Court of Audit to come to respond to the questions of parliamentary committees. |
Jump to other standards Sources of Assessment Bouvier, Michel, "Open Budget Index, France: 2006," 2006. Available from International Budget Project, Open Budget Initiative website. Accessed on February 13, 2008. (Bouvier 2006) International Monetary Fund, "Report on the Observance of Standards and Codes: France," October 2000. Available from International Monetary Fund website. Accessed on February 12, 2008. (IMF 2000) International Monetary Fund, "Report on the Observance of Standards and Codes: France," Country Report No. 01/196, Washington, D.C.: IMF, November 2001. Available from International Monetary Fund website. Accessed on February 12, 2008. (IMF 2001) International Monetary Fund, "France: Report on the Observance of Standards and Codes: Monetary and Financial Policies Transparency and Fiscal Transparency -- Updates," Country Report No. 02/248, Washington, D.C.: IMF, November 2002. Available from International Monetary Fund website. Accessed on February 12, 2008. (IMF 2002) International Monetary Fund, "France: Report on Observance of Standards and Codes -- Fiscal Transparency and Data Module Updates," Country Report No. 04/345, Washington, D.C.: IMF, November 2004. Available from International Monetary Fund website. Accessed on February 12, 2008. (IMF 2004) International Monetary Fund Special Data Dissemination Standard website. Accessed on February 11, 2008. (IMF SDDS website) Relevant Organizations Central Bank of France -- Banque de France (BdF) Ministry of Economy, Industry and Employment -- Ministère de l'Économie, de l'Industrie et de l'Emploi (MINEFE) National Assembly -- Assemblee Nationale National Council for Statistical Information - Conseil National de l'Information Statistique (CNIS) National Institute of Statistics and Economic Studies -- Institut National de la Statistique et des Etudes Economiques (INSEE) Treasury Department -- Agence France Trésor (AFT) Relevant Legislation/Regulation French Constitution, 1958 Organic Law on Budgetary Procedures, 2001 -- Loi organique des lois de finances, 2001 Budget Review Act -- Loi de Règlement Decentralization Act, 1982 General Tax Code, 1993 - Code General des Impots, 1993 Decree 84-28, 1984 Supplementary Sources International Monetary Fund, "France: 2006 Article IV Consultation--Staff Report, Staff Supplement; and Public Information Notice on the Executive Board Discussion," Country Report No. 96/389, Washington, D.C.: IMF, October 2006. Available from International Monetary Fund website. Accessed on February 13, 2008. (IMF 2006) International Monetary Fund, "France: 2007 Article IV Consultation -- Staff Report; Staff Supplement; Public Information Notice on the Executive Board Discussion; and Statement by the Executive Director for France," Country Report No. 08/75, Washington, D.C.: IMF, February 2008. Available from International Monetary Fund website. Accessed on February 28, 2008. (IMF 2008) |