III. – Transparency of the heritage of elected officials
In addition to the financing of political parties and electoral campaigns, one of the objectives of the legislator in 1988 was to ensure the transparency of the assets of elected officials, so as to prevent them from taking advantage of their elective functions to enrich themselves unduly.
To this end, an obligation to declare assets has been instituted, filed at the start and then at the end of the term of office.
Since the entry into force of Organic Law No. 2013-906 and Law No. 2013-907 of October 11, 2013 relating to the transparency of public life, this declarative obligation does not only concern elected officials since they are subject to it. members of the Government, members of Parliament, French representatives in the European Parliament, holders of local executive functions or elected representatives with signing authority, cabinet employees, members of independent authorities, holders of jobs or functions by decision of the Government and appointed by the Council of Ministers, as well as the presidents and managing directors of a certain number of companies, enterprises, establishments and bodies over which the State exercises total or partial control.
Pursuant to this same text, the same persons exercising these functions or mandates must draw up a declaration of interests or, for members of Parliament, a declaration of interests and activities.
Under the aforementioned law of 11 October 2013, the receipt, verification, control and publication of these declarations are no longer the responsibility of the Commission for the financial transparency of political life but of the High Authority for the transparency of public life that this text establishes.
Penal sanctions are provided for against persons who knowingly omit to declare a substantial part of their assets or who provide a misleading assessment that undermines the sincerity of their declaration. The above-mentioned law of October 11, 2013 strengthened this system by providing for a three-year prison sentence and a fine of €45,000 for persons falling within its scope in the event of: non-filing of the declaration of assets or the declaration of interests; declaration omitting a substantial part of the assets or interests; transmission of a false valuation of the assets.
For these same offences, the law also provides for additional penalties: denial of civil rights; disqualification from holding public office.