Les chambres régionales des comptes

THE INTEGRATION OF THE STAKES AT THE NATIONAL LEVEL

[1) A political process which contributed to solidify the perimeter of intervention of the regional rooms of the accounts

Originally, nothing let predict of such an evolution. The law of January 5, 1988 can be regarded as being technical, since it made slip the control of the small accounts under the supervision of the Treasurer General Payer and relieved at the same time the activity of the regional rooms of the accounts.

In fact the politico-financial scandals contributed to reorganize the landscape, the such Urba-Graco business, or the case of the town of Angouleme like that of Nice, since it is because of the action of the regional magistrates that the former mayor escaped. More recently and like confirming the recent evolution, work of the regional room of Island-of-France made it possible to highlight serious irregularities relating to the making of public market at the level of the area Island-of-France^79(*).

Indeed, the law n°90-55 of January 15, 1990, comprises a fundamental innovation insofar as it poses the principle of the communication at the assembly deliberating on the final observations formulated by the regional rooms of the accounts within the framework of the examination of the management of the local communities. We are here relatively far from the processes of adjustments between the policy and the administrative ones, such as they were held before with the reform of 1982.

Indeed, in measurement the results of the control of management are from now on public, that upsets all the local political systems. However, the procedure, if it is contradictory, does not envisage a recourse in front of any appelate jurisdiction, when well even it is envisaged a contradictory procedure.

In fact, the local councillor is seriously disturbed, because publicity induces a distortion on the local political market, and its usual official relay, the prefect, can to any more be him of no utility. In addition, the law of January 29, 1993, relating to the prevention of the corruption and the transparency of the economic activities to reinforced certain rules of applicable procedures in front of the regional rooms of the accounts and that of February 8, 1995 reinforced the capacities of the financial jurisdictions on the deputy public services. In addition, the jurisprudence of the Council of State could contribute to consolidate the perimeter of intervention of the rooms^80(*). Lastly, the legislator reaffirmed his will to track the least process of expenditure of the public funds, by the law of April 12, by renewing the obligations of conventions, when the communities subsidize associations or companies mixed investment (SEM). This measurement aims clearly what is called differently « satellites ».

[2) The Senate like aggregation of the local political claims and receptacle of the capacities of political integration

The large preserving room, to take again an expression of Thiers dating from last century, is indirectly made the echo directly or (in particular via many associations of local councillors) of the claims, recriminations or critical observations of the activity of the regional rooms of the accounts.

Witness of this coalescence of interest, the report/ratio n° 520 of the Senate, heading « REGIONAL ROOMS OF THE ACCOUNTS. A dialog essential to the service of the local democracy » subtitle « Committee of supply- Commission of the Laws . Common working group on the regional rooms of the accounts «.

As recalled by J.C. Thoenig^81(*), the relation between the State and the local communities changed considerably since 1981. « The change passes from now on by the structures » and in fact, the study of its system of action would probably make it possible to see, starting from the former studies^82(*), the changes generated by the various legislative and administrative provisions, tending, a priori, to validate the assumptions defended by some on « territorialisation » with work on the hexagonal territory^83(*).

This assumption of territorialisation is more relevant but it does not call into question the diagrams of political integration proposed by the French political system. Because of the characteristics of the French elective system, office plurality of the mandates and distribution of competences and attributions between the two rooms of the French model, one can here legitimate to consider, have regard with the position of the senators and the quality of the speakers, that the report/ratio testifies in a clear way and legitimates position of a majority of local councillors against the regional rooms of the accounts. This action can be regarded as a regrouping of the possibilities of expression of the local governments.

In a general way, the elected officials do not have to complain about decentralization and praises even their assessment. Thus, on page 96 of the report/ratio,  : « Economic and social actors of foreground, the local communities also appear in their near total, like well managed entities, in spite of the rise of the incompressible expenditure, explosion of the welfare expenditure, transfers of competences badly compensated and moderate progression of the contests of the State. Thus the debt of the local communities, which rises to 825 billion francs, remained stable : it has represented, for more than 20 years, approximately 10% of the GDP.

This debt is equivalent to less than one year of the total of the local budgets, whereas the State should devote two years and seven months of its budget to refund its debt which rises to 4.100 billion francs. Moreover, the local communities released, in 1997, thanks in particular to an active and warned management of their debt, a capacity of financing also to 0,20% of the GDP.

This excellent result contrasts with « against-performances » of the State and the organizations of social security which posted a deficit equivalent to 3,2% of the GDP. It is the good management of the local communities which made it possible France to be qualified for the euro. »

However, one of the major problems arising to the elected officials relates to the letters of observation relating to the management of the organizations, establishments or associations controlled.

* ⁷⁹ The WORLD, Wednesday July 25, 2001.

* ⁸⁰ See for example the stop of May 20, 1998 of the Council of State opposing the town of Saint-Dizier to CGE relative with the access of the financial and countable documents by the regional room of the accounts, with regard to the management of water.

* ⁸¹ J.C. Thoenig, «  The institutional Innovation  »,   The Public action, under the direction of François Laced, ED. Harmattan, 1996.

* ⁸²Mr. Crozier, J.C. Thoenig, «  Regulation of the complex organized systems  », Re-examined French of Sociology, DVI/1, p.3-32  ; P. Gremion, Peripheral capacity, Threshold, Paris, 1976.

* ⁸³ P. Duran, «  Regulation crossed with the generalized interdependence  », course duplicated, Direction of Study Government of the territories, DEA Public action, ENS Cachan, 2000-2001.