Despite strong opposition from the associative world and its specialists, the law against separatism imposes new obligations on associations wishing to obtain subsidies. In particular, they will have to respect the principles set out in the contract of republican commitment created by the text of the law, the aim being to bring greater transparency to the financing of these structures.
What are the principles contained in the Republican Commitment Contract?
Published in the Journal Officiel on August 25, 2021, the law reinforcing respect for the principles of the Republic or law against separatism provides, via its article 12, for the obligation for associations applying for a subsidy from an administrative authority or a body responsible for the management of an industrial and commercial public service (SPIC) to sign a republican commitment contract.
The contract has three main principles:
- Respect for the principles of liberty, equality, fraternity and human dignity, as well as the symbols of the Republic;
- Respect for the secular nature of the Republic ;
- The absence of any action prejudicial to public order.
Who are the players involved?
In practical terms, these principles apply to several players:
- Associations and foundations applying for grants;
- Associations and foundations wishing to be recognized as being in the public interest;
- Associations and foundations wishing to obtain approval from the Civic Service Agency to receive civic service volunteers;
- Associations applying for approval from the State or its public bodies.
Penalties for non-compliance with the commitment contract
Associations or foundations that fail to respect their contractual commitments may be penalized. When applying for a grant, they may be refused by the awarding authority, and once the grant has been awarded, the aid may be withdrawn.
This decision must be justified and pronounced after the beneficiary has been given the opportunity to present his observations. The subsidy or its monetary value (in the case of a subsidy in kind) must be returned to the beneficiary within a maximum period of 6 months from the date of the decision to withdraw the subsidy.
Finally, organizations hosting civic service volunteers that fail to meet these obligations will be required to reimburse any subsidies received by the Civic Service Agency. They also risk losing their accreditation for 5 years from the date of discovery of the breach.
A measure definitively validated by the Constitutional Council
The republican commitment contract provided for in the law reinforcing respect for the principles of the Republic was definitively adopted by the French Constitutional Council on July 23. A decree by the Conseil d'Etat will later determine the application of its provisions.
The Constitutional Council therefore did not follow the opinion of the deputies, who felt that the definition of the obligations imposed on associations by this law was very imprecise and gave the authorities "arbitrary discretion" to grant subsidies or demand reimbursement in the event of non-compliance with the contract.