SOCIAL. New chapter in the soap opera of the clause Molière : the administrative tribunal of Nantes gave reason to its promoters, by validating the device on a site to the local public. A decision that could set a precedent ?
The administrative tribunal of Nantes rejected a request of the préfète of the Countries of the Loire to delete a clause requiring the mastery of French, the so-called “clause Molière”, in a public market undertaken by the regional council, it was learnt on Monday 10 July 2017 from several sources.
“The administrative tribunal of Nantes comes to give reason to the Region by considering that the clause in interpreting the so-called ‘clause Molière’, which we had introduced in our public markets, is not contrary to the law”, announced in a press release the president (The Republicans) of the regional council of pays de la Loire, Bruno Retailleau.
The préfète of the Countries of the Loire called for the cancellation of the tender launched by the region to work at a secondary school in Laval (Mayenne), on the grounds that the introduction of a clause interpretation in this public market was a breach of the obligations of advertising and competition, and instituted a de facto discrimination, even indirect.
A decision that could set a precedent ?
In his order, issued Friday and of which AFP has obtained a copy, the court considered, inter alia, that the clauses introduced in the call for tenders of the region “do not appear to be disproportionate”, because of their dual purpose of social protection of employees and safety of workers and visitors on the job site”, and that it is not a result of the review of the record “that they would apply in a discriminatory manner”.
Is “(welcoming) this decision of common sense”, the president of the region has expressed that it “case law”. The clause “Molière” has been introduced in several regions managed by the right, as in the Ile-de-France or in Auvergne, Rhône-Alpes, where the opposition has attacked this provision before the administrative court of Lyon.
A clause deemed “discriminatory” by an interministerial instruction
The préfète of the region had referred the matter to the administrative court a request for interim measures (emergency procedure) may 22, less than a month after an interministerial instruction, which declared “illegal” the clause “Molière” and asked to the prefects that it be “treated as such”. This provision, by which certain local authorities want to impose the mastery of the French language on the public sites in order to limit the work detached from it, is “discriminatory” and “infringe the principle of equal access to public”, said the statement dated 27 April.