Conflict of Interest: Can HATVP really influence the government?

Every time this is a very commented decision. Appointment of a new minister from the private sector, suspicions of tax evasion or favoritism, concealment of indirect income… The High Authority for Public Transparency watches for the slightest typo in a resume. HATVP, created in 2013 by François Hollande after the Causac case, replaces the Financial Transparency Commission. With one goal: to control political life and elected officials.

The latest case, the case of Aurelien Rousseau, nominated the Minister of Health during the summer reshuffle. His wife Margerit Kazenev is indeed number 2 in the National Health Insurance Fund. A situation that prompted him to leave himself “on the sidelines in all matters relating personally to his wife.” It is enough for the supervisory authority to give the go-ahead: “The deportation order (…) complies with the requirements for preventing conflicts of interest. »

The mission of HATVP is clear. If a future minister is at odds with the tax authorities, or if his future portfolio creates a situation of conflict of interest, the authority will not necessarily give a positive opinion on his appointment. Some have already paid the price. Jean-Paul Delevois (former High Commissioner for Pensions) did not announce the several boards he served on, Caroline Cailleux (former minister in charge of local government) was suspected of underestimating the value of her heritage, as was Alain Grisey (former delegate minister for small and medium-sized businesses)… Everyone was forced to resign.

However, in the ranks of ministers, the words of KATVP are still fearful. But can it really upset the entire government?

Checks before and after the appointment of a minister

Prior to any official appointment, the Élysée Palace may “request the President of the High Authority to send him the information he has,” HATVP writes on its website. This procedure is informal. And this “happens in a short time, which usually does not exceed 24 hours.” The body gives its position, which is not made public, on the basis of “declarations of property and interests” of potential members, which are already at its disposal. When the situation raises questions, HATVP informs the Élysée Palace. This may discourage the president or prime minister from formally appointing a minister.

As soon as the government is in place, the second stage. Ministers submit their declarations of assets and interests to HATVP, which indicate the professional background of a potential minister, his participation in the management of the company, the profession of his wife … They have two months to turn in their homework. A moment that is enough to piss off Didier Migot, a former socialist deputy and now president of power. According to him, this period should be reduced to one week. Because it takes time for authorities to study governments that are often overstaffed. “At this time, the minister may find himself in a situation of conflict of interest or even illegally obtaining interest,” he said on June 28 in the legal commission of the Assembly.

After reviewing all statements, it “then decides on the precise, comprehensive and sincere nature of the statements and on the possible existence of risks of conflict of interest, their intensity and the means to eliminate them,” specifies HATVP. “This is a detailed and meticulous job,” says David Dupré, advocacy manager for Transparency France. The authority must also engage in dialogue with the declarant. Indeed, the procedure provides for contradictory exchanges. In the event of discrepancies or lack of information, Ministers must apply for a change.

Ministers stripped of certain dossiers

But HATVP cannot authorize. “The authorities are signaling. And the responsibility for the consequences lies with the government,” says Dupree. The most common solution: the deportation of the minister from the issue included in his portfolio, as in the case of Aurelien Rousseau. In December 2022, HATVP pushed eleven ministers to deviate from certain topics. Among them are Eric Dupont-Moretti or Agnès Pannier-Runachet.

In October, the Keeper of the Seals was brought before the Court of the Republic for illegally taking interest. He is suspected of wanting to settle scores with magistrates with whom he dealt as a lawyer. He is prohibited from dealing with files related to people who sued him as a minister or a lawyer. “If there had been an early deportation, he would have been less prone to prosecution,” Dupree comments, applauding the speed of the Supreme Court’s response to the Russo case. As for Agnès Pannier-Runascher, according to Disclose’s revelations, the energy transition minister had to drop files related to Perenco because her father was the leader of the group.

Reporting to the court

In case of violations, the authorities can finally achieve justice. As on November 29, on suspicion of “falsely assessing one’s heritage” and “tax evasion” against Caroline Kaye, Minister of the Territorial Communities, who promptly resigned. “But such situations are extremely rare,” Migo replies.

“We would like to see Senior Management have their own sanctioning power,” he pleads. First of all, the idea is not to replace a criminal judge. But in certain circumstances, an administrative fine seems to us more appropriate than criminal prosecution. A story to give HATVP additional power over the government.