Friday, January 18, 2019

In order not to reveal the content of the agreement on motorways, Bercy is dragging the procedure


For the past three years, Raymond Avrillier has been fighting for a copy of the motorway companies agreement, signed on 9 April 2015 by Emmanuel Macron, then Minister of the Economy.

By Maxime Ferrer Posted today at 17h12

Time to Reading 2 min.

At the origin of the battle, there is this pugnacious citizen, Raymond Avrillier, environmental activist, who provoked the indictment of Alain Carignon, then RPR mayor of Grenoble, then revealed the affair of the polls of the Elysee , for which the National Financial Office has requested the correctional correction of several collaborators of President Nicolas Sarkozy. Since 2015, he fought with Bercy to obtain copies of the agreements on highways, signed on April 9, 2015 between the motorway concession companies and the then Minister of Economy, Emmanuel Macron.

"I believe that there is a confusion maintained by the elected representatives, the enarques and the administration on the reality of what the political debate, which has a reserved aspect, and the clarity of the public decisions, says Raymond Avrillier. When making a public decision, all the documents that helped to build it should be public. I am simply asking to consult the documents of this agreement. "

In July 2015, CADA issued a favorable opinion on the disclosure of documents. The Minister of Economy then has fifteen days to transmit them

The procedure, he knows it by heart. He filed, on June 4, 2015, a request to the Commission for Access to Administrative Documents (CADA). On July 9, CADA issued a favorable opinion on the release of documents. The Minister of Economy then has fifteen days to transmit them. Still seeing nothing coming, in late August, Mr. Avrillier seized the administrative court to rule on the "Implied rejection" that Bercy opposes him. The Ministry believes that the agreement in question is, in fact, a transactional protocol between the State and the motorway concession companies, which puts an end in particular to the recourse that these companies had formed against the State. Such a protocol can not be regarded as an administrative document. " In short: the agreement on motorways is a jurisdictional document that escapes the 1978 law on the communication of administrative documents.

In 2016, the court sweeps the argument of Bercy

For Jean-Paul Markus, associate professor of public law at the University of Versailles-Paris-Saclay, "The thesis of the transaction does not hold, because we are in a contract arrangement. No litigation neither before nor after. It is indeed a preparatory act, even an act in its own right. In all cases, it is communicable.

In fact, in July 2016, the administrative court swept aside Bercy's argument (PDF file) and enjoined the Minister "To communicate to Mr. Avrillier, within a period of three months, the agreement concluded on April 9, 2015 between the State and the motorway concession companies". The Ministry of Economy has appealed and brought the case before the Council of State.

Two years later, on October 3, 2018, the State Council summoned the Ministry of the Economy "To communicate to the Council of State the agreement concluded on April 9, 2015 between the State and the motorway companies". Raymond Avrillier is unworthy: "So it takes two years for the Council of State to make a judgment that requires the documents to be communicated to him to determine if they are ... communicable! "

In its 2018 public report, the State Council published its "Predictable average time of judgment of cases in stock: five months and twenty-four days". Bercy explains that he sent the documents requested by the Conseil d'Etat on 17 October 2018. No hearing date was communicated.

Maxime Ferrer

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