2023-07-07 11:30:21
To promote social diversity in private schools, the Minister of National Education, Pap Ndiaye, had a major lever: he could have, as recently suggested the Court of Auditors, modulate the financing of private establishments under contract according to their efforts in terms of diversity. This is the threat he posed in March, evoking a “contractual approach” pour ” require “ results from them.
But, due to a lack of support within the government and in the face of pressure from the right and the extreme right, Pap Ndiaye finally had to opt in May for and “protocol” non-bindingwhich basically consists of ” to raise awareness “ administration and to “incite” Catholic education to increase its rate of scholarship students, without any real penalty.
Also read the decryption: Article reserved for our subscribers The plan for social diversity at Pap Ndiaye’s school, ambitious intentions and a feeling of incompleteness
This episode is emblematic of the growing taste of the State for “soft law”, materialized by the multiplication of “charters of commitment”, “pacts” and “protocols” full of good intentions signed by economic actors under the aegis of the government. Illuminated advertising regulation, farmer compensation, polystyrene recycling, quality of service in air transport, food prices… few areas have escaped this trend in recent years. Through pragmatism or ideological rejection of coercive approaches, public authorities increasingly favor these incentive-based approaches, where self-regulation very often replaces regulation and “hard law”.
Although very popular in Macronie, this approach has older origins. In 2012, the socialist government of François Hollande began work on a law to regulate the excessive salaries of big bosses. Faced with the outcry, he quickly gave up and accepted the proposal of the employers’ unions to self-regulate with a ” corporate governance code for listed companies » framing the bonuses and retirement hats. Not very restrictive, this text quickly shows its limits, not preventing the controversies over the remuneration of Carlos Tavares or Carlos Ghosn.
Replace the norm with the incentive
Over the years, the charter has established itself as an effective tool for lobbies to nip in the bud regulatory projects unfavorable to their interests. It offers the double advantage of limiting the constraint weighing on economic actors by showing that the government is acting.
You have 60.52% of this article left to read. The following is for subscribers only.
#government #faced #temptation #soft #law