File n° 48 

I. –  the monitoring of the implementation of laws
 falls within the remit of the standing committees

The growing complexity of laws means that more and more often they spawn statutory implementation rules.

The M.P.s follow up the application of the laws which they pass, with great attention. They do so especially in order to avoid the failure of such laws on account of the lack of publication of implementation rules.

Since 1990, the General Rapporteur of the Finance Committee has been carrying out an examination of the state of implementation of the fiscal provisions of the laws dealt with by the committee (i.e. not only the finance laws but also all those concerning provisions of an economic and financial nature). Similarly, he presents, in the spring, an information report on the first available data concerning the application of the preceding year’s budget.

This practice has become widespread and has now been extended to all the standing committees by a reform of the Rules of Procedure of the National Assembly, introduced in February 2004: “After the expiry of a period of six months following the coming into effect of an act the implementation of which requires the publication of texts of a regulatory nature, the M.P. who acted as rapporteur or, failing that, another M.P. appointed for such purpose by the relevant committee, shall put before the latter a report on the application of said statute. This report shall indicate the regulatory texts published and the circulars drawn up for the implementation of said statute, together with any provisions which have not been the object of the requisite commencement order for their taking effect. In such cases, the committee shall interview the rapporteur a second time after a further six month period”.

II. –  an assessment of the legislation has gradually been coupled
 with the monitoring of the implementation of laws

The new approach to public action which takes into account the effects and the social impact of the decisions taken, in terms of the objectives set and the means invested, has been integrated into the parliamentary monitoring of the implementation of laws.

A growing number of texts include an internal monitoring mechanism, which can range from the simple requirement of an implementation report to the setting-up of assessment mechanisms.

On its side the National Assembly has used existing mechanisms or has created new tools so as to assess the legislation. Thus in June 1990, a modification of the Rules of Procedure of the National Assembly enabled the setting-up of temporary fact-finding missions, being drawn, if necessary, from several committees, which would deal, in particular, with the conditions of the implementation of legislation. In addition, the remit assigned to such fact-finding missions and committees of inquiry tends more and more towards an assessment of a particular area of policy or of a particular law.

1. – The parliamentary office for the assessment of legislation

This office, which draws from both the National Assembly and the Senate, was set up by law n° 96-516 of June 14, 1996. Its remit is to “gather information and to carry out studies to assess the appropriateness of the legislation to the situations it is intended to regulate”. It also has the goal of simplifying legislation.

2. – Assessment and Monitoring Missions

The Assessment and Monitoring Mission (MEC) was set up in 1999 within the Finance Committee. Its brief is to assess, each year, the results of certain public policies. This body has two specificities by comparison with the other missions set up by committees:

― It is, in reality, a permanent structure (set up for one year, it is renewed every year) ;

― The governing majority and the opposition have more equal than proportional representation on it and a position of co-chairman is given to the opposition.

In the same way an Assessment and Monitoring Mission for the Social Security Finance Laws (MECSS) was set up by the Cultural, Family and Social Affairs Committee in 2004. It also has more or less equal (not proportional) representation for the Governing majority and opposition and is a structure which monitors the spending on social issues and thus enables M.P.s to better follow the implementation of the social security finance laws and to ensure that the new legislative and regulatory instruments correspond well to the financial objectives set.

3. – Delegations

The Parliamentary Delegation for Women’s Rights and Equal Opportunities between Men and Women was set up in 1999 and given the brief, by law, of following up the implementation of the laws within its sphere of competence.

In the case of the Parliamentary Delegation for Regional Planning and Sustainable Development, set up the same year, the law gives it the brief of  “assessing the policies” carried out in this field.