Les chambres régionales des comptes

[2) Relations between the room and the Prefects

Of then the disappearance of the supervision, the prefect controls a posteriori that the acts of the local communities and their publicly-owned establishments are in conformity with legality. This legality must be external and internal, and if it is not respected, the prefect submits in front of the qualified administrative jurisdiction.

But the capacity of the prefect goes beyond since it to faculty to consider the illegality minor and not to submit the accused act or not to exert its faculty of authority.

The prefect thus has a room for appreciable maneuver, which could not miss causing the reactions of the CRC, which not being able to exert pressure on the representative of the State, often recalls to the directors the legal provisions into force.

In addition to the capacity of operation of the prefect, giving flexibility to the system, the legal provision can be moving, according to jurisprudence made up.

Nevertheless, the true control of legality is thus subordinated to the transmission of the acts concerned while at the same time anything would not prevent the CRC from coming to a conclusion about the legality of the acts of the institutions concerned.

By by-effect, the dissonances between the various administrative bodies often cause violent reactions in the elected officials, who do not include/understand the differences in appreciations between the Prefect and the CRC, and which it finds, for example, in the letters of observations, and yet which do not have contentious faculty.

What also causes dissensions between the prefectoral body and the regional rooms. « I.e. they [prefects] will see, will pass to the control of legality all the acts of the community, therefore its markets, the recruitment of its personnel, etc. It is the control of legality which replaces the supervision. [the prefect with faculty to submit with the administrative court, MT], the Prefect, in his role of regulation, will avoid multiplying the dispute. In order not to bottle MT with the dispute... Us, one can perfectly perceive irregular acts but which nevertheless passed a filter... Good that, it is a problem of articulation of the operation of the control of legality. It is one of the sources of irritation of the elected officials... they were believed in safety and they are not there »^77(*).

[3) The regional room and the legal judge

Another potential actor of the relations existing between a CRC and its environment, the legal judge. Because the offenses concerned with penal escape the authority obviously from the CRC. In the report/ratio 1995, it is even specified that the qualification of the facts belongs to the legal authority. For as much, the relations enter the two authorities can be consubstantial because the legal judge can be petitioning of information, following the publication of letters of final observations or extracts published by the press. Thus, on the cases which can be qualified the punishable one :

«  The transmissions which we have fact carried all on stories of public market. In which physical people and morals were implied... That being, the transmissions which one makes with the penal parquet floor are not very numerous, there are 2, 3 of them per annum. One is not in midday, God thank you »^78(*).

* ⁷⁷ Extract of the discussion with Mrs Danièle Lamarque, President of the regional room of High-Normandy.

* ⁷⁸ Extract of the discussion with Mr Ruellan, Government Commissioner to the regional room of High-Normandy.