Functioning of Public Establishments and Administrative Bodies During the French State of Health Emergency

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Possibility of dematerialized deliberations for the deliberative bodies

  • Persons concerned: public establishments, whatever their status, public interest groups, commissions and any collegial administrative body intended to adopt opinions or decisions.
    • Examples: French Office for Biodiversity (OFB), Local Mission of the Environmental Authority, Superior or Departmental Council for the Prevention of Technological Risks, etc.
  • Deliberation organized remotely
    • Validity of deliberations: device allowing the identification of the participant and the respect of confidentiality, quorum of half of the members in the hypothesis of written exchanges by electronic means.
    • Conduct of the meeting: conference call or audio-visual, electronic written exchanges.
    • Recording and conservation of debates: these modalities can be fixed by a deliberation organized remotely.

Delegation of authority from deliberative bodies to executive bodies

  • Persons concerned: the board of directors or any deliberative body having decision-making power, in particular of a public establishment or a public interest group.
    • Examples: French Office for Biodiversity (OFB), Environment and Energy Management Agency (ADEME), etc.
  • Modality of delegation of powers including contrary to the status of the establishment.
    • Emergency: deliberation of delegation enforceable upon its adoption.
    • Emergency + unable to hold meeting: the executive representative may take action until the board of directors or deliberative body can meet again.
    • Responsibility of the delegation holder: he/she reports on the exercise of his/her powers to the deliberative body.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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