The law requires members and staff of the commission to act independently and impartially, proscribing any instruction from the government or third parties. It also imposes obligatory confidentiality.
CRE is organised into two independent bodies (a Board composed of five members and the committee for dispute settlement and sanctions, consisting of four members) that use transparent procedures for the development of their decisions (task group, public consultations, hearings).
The President of the Board and two members are appointed for six and two years respectively, by decree of the President of the Republic after consulting Parliament committees that are competent within the energy sector. The other two members are appointed for four years respectively by the President of the National Assembly and the President of the Senate.
The funds required for operation are proposed by CRE to the Minister of Energy and the Minister of Finance in order to be included in the budget law. CRE is subject to review by the Court of Audit.
The Board consists of five members appointed for their qualifications in the legal, economic and technical fields. The President of the Board, as well as two members, are appointed by decree of the President of the Republic after consulting Parliament committees that are competent within the energy sector. The two other members are appointed by the President of the National Assembly and the President of the Senate respectively.
The President and the members of the Board are appointed for a term of six years regarding the President, four years regarding the members appointed by the Presidents of the National Assembly and the Senate, and two years regarding the other two members. They perform their duties full-time. They are irrevocable, except in cases of compulsory retirement, incapacity or serious misconduct.
The rules of incompatibility determined by law prohibit any combination of the membership of the Board with a municipal, departmental, regional, national or European elective office, and prohibit any direct or indirect interest in any business within the energy sector.
Compulsory retirement may be necessary in case of violation of the rules of incompatibility. The Minister of Energy determines this after consulting the Board. In case of serious misconduct, the functions of a member of the Board can also be terminated by decree of the Council of Ministers, upon proposition of the President of a parliamentary committee competent within the energy sector, or the Board.
Comité de règlement des différends et des sanctions
Find out more:
The organisation of Cordis: to find out more about CoRDiS.
Dispute settlement and sanctions: to find out more about the procedures, capacity and decisions.
The committee for dispute settlement and sanctions (CoRDiS), established by the law of 7 December 2006, is composed of four members: two state councillors appointed by the Vice-President of the Council of State and two councillors to the Court of Cassation appointed by the President (Chief Justice) of the Court of Cassation. The president of the committee is appointed by its members.
The members of CoRDiS are appointed for a six-year non-renewable term. They cannot be dismissed except under rules equivalent to those for members of the Board (with the exception of the serious misconduct).
Guarantees of independence and impartiality
The independence and impartiality of CRE are established under the provisions of Article L 133-6 of the Code of energy. The latter require members and officers of the commission to act impartially, therefore prohibiting any instruction from the government or third party (institution, individual, company or organisation). This article also imposes an obligation of confidentiality for the facts, documents and information they may have knowledge of during the course of their duties. Failure to comply with this requirement may result in the termination of duties within CRE.
The staff is subject to the same ethical rules that apply to all public officials, reinforced by the same prohibition as the one placed upon the commissioners in regards to receiving instructions from the government or other institutions, individuals, companies or organisations, as well as the reaffirmation of the rule of confidentiality, the violation of which, established by a court decision, entails the compulsory termination of duties.
The funds necessary for operation (other than one's own resources from any remuneration for services rendered) are proposed by CRE to the Minister of Energy and the Minister of Finance in order to be included in the budget law. The funds allocated to CRE are within the general budget of the State. The president of CRE is in charge of expenditures and revenues. If financial control under the law of 10 August 1922 is not exercised, CRE remains subject to review by the Court of Audit.
Services are under the authority of the President of CRE (who is the president of the Board). For carrying out tasks of dispute settlement and sanctioning, they are placed under the authority of the President of CoRDiS. The commission may employ officials in positions of active service or detachment under the same conditions as the Ministry of Energy, or may also recruit contracted staff.
The President of CRE and the President of CoRDiS have the authority, as each is concerned, to take legal action.