Stanislas Guérini: The right of the error will not be a permission to defraud

The draft law is supposed to simplify the relationship between users and administration happens at the Meeting Tuesday, January 23. The reporter reveals the strong points.

After a stint in the special commission, where more than 1000 amendments were discussed, the draft law "for a society of trust", the text carried by the member LREM Stanislaus Guérini, is examined in public session on Tuesday, February 23. 1000 amendments have been tabled.

Presented as "revolutionary" and long promised by Emmanuel Macron, the text should simplify the life of businesses and citizens, and an overhaul of the relationship with the administration.

What is the purpose of this text?

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This future law should set new principles between the administration and its users, whether they are individuals or businesses. We want to fully review the cultural relationship maintained with all levels of government, tax at the fund family allowances via the health insurance.

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The bill asks the principle according to which the user or the head of the undertaking is a priori in good faith. A good-faith belief that it grants a "right to error", but that has nothing to do with a permission to defraud! If he is wrong for the first time without having wanted to cheat, the administration does not not.

But how to determine that there has been no cheating voluntary?

The text specifies that a person of bad faith is that which "consciously disregarded a rule applicable to its own situation". It will therefore be necessary especially for the administration to show the fraudulent intent. The inland revenue is already working this way. For example, we can consider that if the user or the head of the company has already received a letter or an e-mail from the administration on the subject or that it enjoys the support of a dedicated adviser, he can't play his good faith. This does not apply to statements or reporting delays. This is not to encourage the phobia of administrative or penalize the State, of course.

what concrete changes can businesses expect?

They can ask to be monitored in order to anticipate things. If they have a doubt in relation to the legislation, the administration should inform. This "right of control" will allow them to prove their good faith. For the smallest, those with fewer than 250 employees, we're going to experiment, as soon as the law would be passed, a limit on the number of tests performed. All the SMES of the regions of Hauts-de-France and Auvergne-Rhône-Alpes can no longer be controlled by all administrations for more than nine months cumulative over a period of three years.

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We will also establish a greater role for mediation. I would like the ombudsman, inter-company, who operates on the payment terms, for example, be equipped with new skills to mediate with the administration in the event of a problem. We are going to experience that in the building sector.

Read our complete file

The right to be wrong, a promise strong Emmanuel Macron

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More resources be given to the officers of the services concerned?

there will be no more human, no increase in headcount. However, the text provides an envelope of 1.5 billion euros for the training of officers, to prepare them for this new culture. 700 million euros will also be granted to investment in digital to adapt existing tools. It is obvious that this will be a very big challenge for the administration. But we will move forward step by step and conduct several experiments.