an emblematic case of the limits of the control of conflicts of interest

by time news

Will Jean Castex be the next CEO of RATP? It is, in any case, the choice of Emmanuel Macron, who proposed his name to lead the Parisian transport authority. The former prime minister will undergo a first test with a hearing at the National Assembly in early November, but a much more complex challenge may await him once installed at the RATP. Under the rules for preventing conflicts of interest with his former functions at Matignon, Mr. Castex could find himself in a Kafkaesque situation.

Admittedly, the High Authority for the transparency of public life (HATVP) considered that the appointment of Mr. Castex would not pose a problem of compatibility with his former functions, which rules out the criminal risk of illegal taking of interests. The institution, which guarantees the probity of public officials, has however expressed serious reservations. In an opinion issued on October 18, she asked the probable future boss of the RATP to “refrain from any action” for three years with his former government team and the ministerial services that were under his authority, in order to “prevent any risk of questioning the independence and neutrality of the administration”at a time when the opening up of Parisian transport to competition is looming.

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A decision that would prevent him from exchanging freely until 2025 with several of his former government colleagues, who are nevertheless key interlocutors for an RATP manager, such as the Prime Minister, Elisabeth Borne – former RATP manager. –, or the Minister of Transport, Clément Beaune. For example, the former boss of the management, Catherine Guillouard, had gone to Matignon to discuss with the last two prime ministers, Edouard Philippe and… Jean Castex.

The opinion of the HATVP could also disrupt exchanges between Mr. Castex and the Minister of the Interior, Gérald Darmanin, while cooperation between Place Beauvau and the RATP will be a major issue in the organization of the 2023 Rugby World Cup. and the 2024 Olympic Games, to ensure the safety of supporters and avoid repeating the fiasco of incidents at the Stade de France in May. The contacts of Mr. Castex with the interministerial delegation to the Olympic and Paralympic Games, which was previously placed under his supervision at Matignon, will also be monitored.

Green lights “with reservations”

Could the HATVP, by its multiple precautions, block de facto the appointment of Mr. Castex, which falls under a constitutional prerogative of the President of the Republic enshrined in Article 13 of the Constitution? Requested by The worldthe institution denies this, ensuring that its opinion “does not prohibit any contact by Mr. Castex with his former ministers, but any action on his own initiative, in order to preserve the neutrality of the administration within the framework of a progressive opening to competition [du marché des transports parisiens] ». This suggests that the institution could ultimately limit its control to acts related to the opening up of Parisian transport to competition, the most exposed to the risk of conflict of interest. “If he were appointed CEO of the RATP, he could respond to any request from members of the government”continues the HATVP.

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