Les chambres régionales des comptes

II - OUTLINE OF ANALYSIS OF THE OPERATING MODE OF THE REGIONAL ROOM OF THE ACCOUNTS

We now will interest we in the operational world, furnished by^33(*) the strategies and behaviors with the actors, of the regional room of the accounts of High-Normandy, brought back to the total context in which evolves/moves the regional rooms of the accounts.

THE OPERATION OF THE REGIONAL ROOM OF THE ACCOUNTS

[1) General organization of the rooms

Each of the 25 regional rooms of the accounts is organized starting from a generally shared model. One can distinguish three homogeneous sets : formations of deliberated (the room, sections), the public ministry, administrative services. Thus vary from one room to another : the number of sections, the number of magistrates and assistants who are affected there.

Any modification of the organization and the operation of the rooms is preceded by the opinion of the higher Council of the regional rooms of the accounts^34(*).

According to the code of the financial jurisdictions, there is in each area a regional room of the accounts (C. jur. Fin., art L. 210-1), which can be, by decree, divided into sections.

Each regional room of the accounts is composed of a president and of two advisers at least and when the rooms are divided into sections, each section is made up of three members at least.

The rooms are assisted by a police chief of government, taken among the members of the room, delegated by decree to exert the functions of the public ministry under the monitoring of the Attorney General close the Court of Auditors. A secretary, qualified general, ensures the operation of the clerk's office and the administrative services. A clerk is appointed among the assistants of checking, records the accounts and the acts and parts intended for the room, notes the decisions taken and the execution follows from there

The presidents are main advisers or public auditors at the Court of Auditors, named on their request and the proposal of the first president, by Presidential decree of the Republic. The advisers of the regional rooms of the accounts constitute a particular body, within the meaning of the general statute of the public office, fixed by the law of July 10, 1982.

[2) The characteristic of the regional rooms of the accounts

It is also interesting to count the specific features of this decentralized body of financial regulation :

- Its operation is marked by a great collegial structure, in terms of meeting deliberating, including for example a minimal quorum of 3 magistrates.

- The treatment of the files is ritualisé, according to precise rules and procedures. The definition of the Programs of work, i.e. the diary of the interventions, is the subject of a very detailed attention, because it can have an impact on the local political diary.

- The magistrates form a homogeneous body, recruited within the Court of Auditors or by contest and dependant, in terms of career, of the higher Council of the regional rooms of the accounts.

- They are technocrats^35(*) having a legitimate expertise, have regard with their competences and their modes of recruitment. Professional bureaucrats anchored in their expertises and their report/ratio to the administration. The costs of transaction, in the event of changes of occupation, are very high since they would be probably obliged to leave the administration.

- This professional independence is strong since that the magistrates are irremovable.

- The representative of the State, the government commissioner, does not sit within the room. However, its role is of primary importance since it provides the interface the other CRC, communicates with the center, and magistrate, it ensures himself in a prudential way of the good legal unfolding of certain businesses.

- The rooms are indeed autonomous. As Mr. Pierre JOXE at the time of his intervention to the Senate underlined it, it « on the other hand allowed that it could exist differences of jurisprudence or rate/rhythm of control,... [but]... being jurisdictions, the Court of Auditors did not have any hierarchical capacity on the regional rooms of the accounts »^36(*).

- However, the overlap is deep between the CRC and the Court of Auditors. Initially, because the report/ratio of complementarity is obvious with the Court of Auditors of which the goal is to control the State, the public companies or the organizations of social security.

- And especially because there are institutional links. As examples :

* The first President of the Court of Auditors is also the president of the higher council of the regional rooms of the accounts, authority of supervision of the activity of the regional rooms of the accounts

* The higher Council of the regional rooms of the accounts is dominated by the members of the body of the advisers at the Court of Auditors.

* The presidents of the regional rooms of the accounts are themselves simultaneously members of the Court of Auditors.

* The first president of the Court of Auditors and, near him, the secretary-general, are in load of the administrative and budget management of the rooms.

* He is also the interlocutor of the government and the Parliament for all that refers to the regional rooms accounts, in particular the bills and decrees

* A committee of connection coordinates the investigations common to the Court and the regional Rooms

* Since the law of January 5, 1988, the Court of Auditors is in charge of a mission of permanent inspection of inspection with regard to the regional and territorial rooms of the rooms

* ³³ According to L. Kiser and E. Ostrom, «  The three world off actions. With metatheorical synthesis off institutional approaches ", E. Ostrom (ED.), Strategics off Political Inquiry, London, 1982.

* ³⁴ The higher Council of the regional rooms of the accounts  :

«  Art L. 212-16. - It is instituted the higher Council of the regional rooms of the accounts. This council draws up the promotion table of rank of the members of the body of the regional rooms of the accounts and the short list of these members for the functions of president of regional room. It delivers an opinion on any change of a magistrate. Any draft amendment of the statute defined by this code is subjected for opinion in the higher Council of the regional rooms of the accounts  ».

This council is also consulted on any question relating to the organization, the operation or the regional competence of the rooms  ».

* ³⁵ J.C. Thoenig,  The era of the Technocrats  : cases of the Engineers of the Bridges, social Logics, Harmattan, 1986.

* ³⁶ Intervention of Mr. Pierre Joxe, President of the Court of Auditors, Report/ratio of the Senate n° 520, «  Regional rooms of the accounts and local councillors  », p.201.