Clause Molière “illegal” : that may those who still want to apply ?

REACTIONS. Despite the drafting of an inter-ministry instruction stating that the clause Molière was “illegal”, some of its promoters, in the region, reaffirmed at Batiactu their willingness to apply them. That will they really ?
Yesterday, the existence of an interministerial instruction inviting the prefects to consider the clause Molière as “illegal” was revealed. But it has not discouraged the developers of this device which is intended to impose the use of French on the sites of public procurement. They persist and sign. Has the image of Vincent You, deputy mayor of Angoulême and the “inventor” of this clause. “I am appalled to see that the four ministers have drafted a text of six pages completely off-topic”, he complained with Batiactu. “The clause Molière is to say that the employees need to fully integrate safety rules, including the French, either by having recourse to an interpreter. However, the circular part of the principle that the clause Molière obliged to speak French”.


This statement puts in question the government projects launched with this clause ? “We have a number of projects initiated, they will continue in the future”, says Vincent You. “They work very well, and they have helped sustain local employment. For example, I mentioned to a contractor who wanted to hire employees Polish that it would necessarily have to hire an interpreter : so he has turned towards the use of French employees”, says Vincent You. The deputy mayor of Angoulême believes, however, that, in some areas, the owners ‘ poublics will have to argue with the prefects to not fall under the purview of this statement that does not please everyone.


In Auvergne, Rhône-Alps, “we will not change our tactics”


Auvergne-Rhone-Alpes, Laurent Wauquiez, president of the regional council, was also made to apply the famous clause. “We will not change our tactics”, provides Batiactu one of his close friends. “This is not an inter-ministry instruction brought into force four days before the second round of the presidential election that is going to make us change our stance”, he adds. “We are ready to go before the administrative tribunal, if necessary. We will use all the weapons for that, and the taxes of our Region who are funding the projects serve businesses and jobs to our region.”


For its part, the team of Valérie Pécresse (LR), president of the region Ile-de-France part of the elected who have decided to impose the use of French on the building of which the community is contracting authority has responded with Batiactu on Thursday : “The clause Molière in the Île-de-France is in conformity with the regulations. We have also started to insert it in calls for tender since mid-April. In our region, this clause is applied for security reasons. On a jobsite, either the person speaks French, that is, there is a translator with her.”


On the right, the circular “does not change anything”, according to a lawyer specialized


The proponents of the clause Molière do they wish to appeal against this statement ? For Vincent You, the idea is in the pipes. “Some local authorities already pose the question to sort of make void this statement”we ” he explains. “He would have to sign the clause Molière in the act, so that things are more focused.”


Anyway, on the plan of the law, “the sending of this interministerial instruction does not change anything,”recalls Elisa Jeanneau, a lawyer with the firm Seban and associates. “The merit of this text, however, is to clarify the position of the government on this point. This will align the policy to the national level.” For the lawyer, the arguments of the public authorities, on this subject, is consistent with the case law and the european legal framework. “When we look at the doctrine on the question, today, rare are the people who defend the legality of the clause”, she adds.


The ministry of the Interior reminds Batiactu the role will need to have the prefects with regard to the new procedure, inter-ministerial : “in the Face of an illegal act, the prefect may discourage the community to use the clause Molière. If the community refuses or does not respond, she has the opportunity to go to litigation before the administrative Court (TA). The prefect may also go directly to litigation, where it may request the suspension of the clause and in this case the TA will act in an emergency.”


Posting illegal workers : comparison of programs between Marine Le Pen and Emmanuel Macron


To combat the posting of illegal workers on the French soil, Emmanuel Macron wants to “limit to one year the duration of the authorized period of stay of a worker in our country and redefine it at a european level the rules of the detachment to put an end to all forms of social competition, and unfair”. He said a little more during the debate between the two towers, the 3 may. “I want to profoundly change the posted workers directive, and this since the beginning of my mandate. I wish, for the same work in a same country, a same salary, expenses included. And I want to at the same time to strengthen the controls.”


Marine Le Pen, for his part, wants to remove on the territory of the directive, at the origin of the unfair competition “unacceptable”. For this, the candidate of the national Front wants to put in place an additional tax on the hiring of foreign employees.

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