Why do French ministers love to send 'circulaires'?
In France, you might see headlines about government
circulaires
from time to time, particularly if a new minister wants to signal their priorities to the public.
A
circulaire
is an administrative document that is meant to inform members of the French bureaucracy of a policy, in English we might describe it as a memo.
Many of them cover mundane topics, like the head of the education ministry sending out a
circulaire
to workers explaining how school trips should work moving forward.
Alternatively, a
circulaire
can be an opportunity for a French minister to signal their priorities to the public.
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For example, in early April, the French interior minister said
J'enverrai très prochainement aux préfets une circulaire pour durcir les conditions de la naturalisation
(I will soon send local authorities a 'circulaire' to tighten the conditions of naturalisation).
However, in terms of the actual power of a
circulaire,
it is really meant to clarify the existing law to public servants tasked with enforcing it, rather than bringing in any major changes.
READ MORE:
French interior minister to 'toughen up conditions for citizenship'
So what is a
circulaire
and what power does it have legally?
A
circulaire
is not the same as a
loi
(passed by parliament),
décret
(a regulatory act issued by the president or prime minister), or
arrêté
(issued by another administrative authority aside from the president or prime minister, like a local town hall).
According to the
LegiFrance fact sheet
, "a
circulaire
does not have more or less value than a
'note de service'
(administrative note sent out to employees)" and it has "no legal impact in itself".
In order to be legal, a
circulaire
must follow existing law.
The idea of this document is to help with the organisation of a public administration or body by listing measures to be implemented within the bureaucracy.
A
circulaire
can be sent by any government minister or the head of a public administration body without having to gain the approval of parliament.
This explains why ministers like them - they allow them to garner headlines by appearing to 'get tough' on something, without having to go through the time-consuming process of submitting it for debate in parliament and getting it passed in both houses - as they would need to do to actually change the law.
What happens if a
circulaire
is controversial?
There have been a number of controversial
circulaires
in the past.
In 2010, under former French President Nicolas Sarkozy, the French interior ministry sent out a
circulaire
to local authorities across the country instructing them to 'evacuate 300 illegal camps or settlements, with priority to those inhabited by Travellers or Roma'.
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This led to international outcry, as well as immigrants' rights groups appealing to the Conseil d'Etat to annul the
circulaire
for targeting one specific community.
For a long time - until 2002 - French law approached the two types of official, government
circulaires
differently.
A
circulaire interprative,
sent out to explain to members of the bureaucracy how to implement a law or decree that has been passed, would not be seen as creating any new rules and thus could not be challenged in court.
In contrast, if the material included in a
circulaire
did introduce new rules or requirements, then it could be challenged in court. This would be called a
circulaire réglementaire.
However, in more recent years, French courts have been shifting in their understanding of the power of
circulaires
and whether or not people can appeal against them.
Nowadays, the courts have widened their qualifications for when courts can strike down
circulaires
.
For example,
circulaires interpratives
can also be appealed against if they contain any 'mandatory' provisions and if they have 'significant effects on the rights or situations of French citizens', according to
Vie Publique
.
Can I consult government
circulaires
?
French law requires that all government
circulaires
be published.
A ministerial
circulaire
should be uploaded to the
Légifrance website
.
In fact, if the
circulaire
is not published there it cannot be seen as applicable or enforceable, and if it is not published within four months of being signed, then it is considered automatically repealed.
According to Vie Publique, more than 1,000
circulaires
were published yearly between 2012 and 2018, but the number has been decreasing since 2019. In 2023, there were only 65
circulaires
published.
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