It will be reduced from five to two years

The project of the public service modernization Act has three other components, including the highly anticipated mobility conditions in the private sector reform.

The period of control of revolving doors reduced to two years. The gestation of the reform of the revolving doors, which takes in two sections of law, has been long. It is indeed Jean-Paul Delevoye, Prime Minister of the public service of this quinquennium, who put the book on the craft. The objective of the reform, that will examine the parliamentarians, is to reconcile the ethical obligations related to the exercise of a public Trusteeship with the development of gateways with the private sector. Largest induced change concerns the period of prohibition to exercise an activity in a company with which the agent was relationship in its administrative functions (monitoring, control, contracts). It will be reduced from five to two years.

The other Lighthouse measurement of the Bill aims to put an end to the legal insecurity that currently surrounds the revolving doors. Today, a public servant can perfectly receive the endorsement of the Committee on professional conduct which it depends (State, territorial and hospital) and risk being sentenced to the illegal taking of interest criminal. The Bill puts an end to this legal uncertainty by strengthening the authority of the ethics commissions, unified in a single instance. Now forcing the administration to follow his advice, it creates a specific offence in the Penal Code (a year in prison and 15,000 euros fine) for non-saisine of this instance. In return, the offence of illegal taking of interest no longer apply to the officers who received the endorsement. In addition, the control be more exercised theoretical concerned officer's functions, but effectively acts.

Moonlighting rules relaxed. The subject is not very new: the Council of State issued a report in 1999 on the cumulation of public employment with a job private officials. The Bill maintains the foundations of the device, while referring to a decree in Council of State: the principle of a ban is maintained, as the ban on participation in the organs of management companies (but not holding of shares), give consultations, to expertise or to plead against the administration. However, the Bill provides an exception: for creation of company authorized by the Board of ethics, these prohibitions shall not apply for one year. But, in any event he said well that activity "must be compatible with the functions and does not affect their exercise". Moreover, the Bill relaxes rules of cumulation of remuneration.

Adaptation of the provision of the staff rules. The Bill draws the consequences of a survey conducted by the General Inspection of finance pointing numerous irregularities in the updates available to officials. It provides for the removal of the requirement of publication of an order but impose a convention and the reimbursement of the salaries of the made available. At the same time, it expands opportunities of provision, in particular allowing trade between the three public functions and with foreign States and by promoting exchanges between public and private organizations in competitiveness clusters.