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France passes law to clean up politics after string of ‘fake job’ scandals

France's parliament overwhelmingly backed a new law Wednesday to clean up politics, a campaign promise of President Emmanuel Macron following a string of scandals.

France passes law to clean up politics after string of 'fake job' scandals
A fake jobs scandal torpedoed the presidential bid of conservative candidate Francois Fillon. AFP
A total of 412 lawmakers backed the bill, which will notably scrap cash handouts for lawmakers to spend on areas and NGOs of their choice.
   
Parliament had last week already voted through aspects of the law banning MPs and ministers from employing their family members, as Macron's new centrist government seeks to restore public trust in politicians.
   
“Practices… that were probably tolerated, maybe accepted for some time, are no longer accepted today,” Prime Minister Edouard Philippe told French radio.
   
The presidential campaign that saw Macron take power in May, becoming France's youngest-ever president, was rocked by allegations that his rightwing rival Francois Fillon employed his wife as a publicly-funded assistant for years despite little evidence of any work.
   
Fillon was the odds-on favourite in the race until revelations at the end of January that he had employed his Welsh-born wife Penelope.
   
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Macron backpedals on creating official 'first lady' status for his wifeMacron has reconsidered plans to give his wife an official status. AFP

But his poll standings plunged as he struggled to convince voters that his wife and their children had worked to justify their pre-tax income of around 900,000 euros ($1 million) over 15 years.
   
The Republicans party nominee was charged with misusing public money in March, just weeks before crashing out of the first round of the presidential election. He denies any wrongdoing.
 
Plummeting approval rating
 
The passage of the ethics bill will be a welcome achievement for 39-year-old Macron, who has seen his approval ratings plummet after less than three months in office.
 
One survey published last week showed just 36 percent of respondents held a positive view of the former economy minister and investment banker, who shot to power promising to overcome France's entrenched right-left divide.
   
He has since come under fire for his labour reform programme, budget and public spending cuts as well as a plan to create an official First Lady position for his 64-year-old wife Brigitte.
 
Proposed defence cuts — part of a plan to trim 4.5 billion euros ($5.3 billion) to bring France's budget deficit within EU limits — led to a public spat last month with the head of the French armed forces, General Pierre de Villiers.
   
Macron rebuked the general after he had complained about the impact of cuts at a time the army was in action in the Middle East and West Africa as well as at home. De Villiers resigned a few days later.
   
The young president faces more turbulence in September, with some union leaders calling for demonstrations against labour reforms at the centre of Macron's election manifesto.
   
Parliament last week adopted a bill allowing the government to fast-track changes to the labour code to give employers more power to negotiate working conditions directly with workers.
   
The hardline CGT union has called for countrywide strikes and protests on September 12.
 
U-turn over First Lady
 
Macron has reconsidered plans to give his wife an official status, which he had promised on the campaign trail, backing down in the face of attacks from the left and a petition against the move.
   
Critics saw a double standard in Macron pursuing the plan while pushing through legislation to stop deputies hiring their own relatives.
   
A “fake jobs” scandal struck close to home in June, when Macron's justice minister, Francois Bayrou, stepped aside to fight allegations that his small MoDem party misused European Parliament funds.
   
Bayrou had been tasked with crafting the ethics law — measures he himself advocated.
   
Two other MoDem cabinet members  — then defence minister Sylvie Goulard and European affairs minister Marielle de Sarnez — also quit over the accusations that MoDem had misused the European Parliament funds to pay assistants actually based in France.
   
The same practice has embroiled several other MEPs, the most high-profile case involving far-right leader Marine Le Pen, Macron's rival for the presidency.
   
Under the new law, hiring a spouse, partner, parents or children will be punishable by three years in prison and a fine of 45,000 euros ($53,000), with in some cases an order to refund the sums paid out.
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FAMILY

How to register a death and arrange a funeral in France

There’s a third certainty in life in France, after death and taxes - and that’s bureaucracy. 

Graves at a cemetery in Paris
There are strict rules around burial or cremation n France. Photo: Martin Bureau / AFP

No one wants to think about death while they’re enjoying the good life in France, but it’s important to understand what needs to be done – and when – in the event of a loved one dying in France.

Let’s start with what you can do before you die.

Burial or cremation

It’s a good idea to make it known whether you want a burial or cremation in France, or if you want your body repatriated for a service back home, so that anyone dealing with the formalities is aware of your wishes.

If you do want to be buried in France, it’s a good idea to reserve a plot, as it will make things a lot easier at a difficult time. Just keep the document that confirms you have done so in a safe place.

Funeral insurance

Funerals can cost anywhere between €3,000 and €5,000, so it can be a good option for older people to take out a funeral plan – they’re routinely offered by banks, insurers or funeral firms. It means funeral funding and organisation is automatically in place, and any family members flying into France, whose French may not be very strong, don’t have that issue to face. 

After a person dies, numerous administrative tasks are necessary in a short period of time.

The first 24 hours

If you’re with a family member, friend or relative when they die, you have 24 hours to report the death. 

If they die at home, contact their GP, or call 112 or 15. A doctor will come round and certify death and issue a medical certificate (certificat de décès / declaration de décès). If the person dies in a hospital, retirement home or other facility, it is their responsibility to report the death.

If the doctor believes the death was suspicious or by suicide, an inquiry is held. This is also standard if the death occurred in a public place. The responsibility for issuing the certificat de décès and burial permission in such cases falls to the public prosecutor (Procureur de la République) in the local high court (Tribunal de Grande Instance).

Registering the death

A relative, representative or undertaker then has to register the death at the local mairie (town hall) within 24 hours, unless the death takes place on a public holiday or at a weekend, when the admin offices at town halls are closed. 

Those who report the death need to take proof of their own ID, as well as proof of the deceased person’s identity (a carte nationale d’identité, carte de séjour, passport, marriage certificate or birth certificate) and the recently issued medical death certificate.

This should be enough for officials to issue a death certificate (acte de décès) – which includes information on where and when the death took place, not the cause of death. 

You can ask for several copies – they’re free and it’s a good idea to do so. These documents are needed to close the deceased’s bank or utility accounts. But, if you later find out you don’t have enough, don’t worry. More copies can be obtained online, in person or by post.

Organ donation

It may seem a bit crass to slip this point in here, but in general every adult in France is presumed to be an organ donor, unless they specifically opt out. 

This has been the case since the Loi Caillavet was passed in 1976, making everyone an organ donor except for those who have explicitly refused, as well as minors and those under someone else’s guardianship.

The rule, however, is different for foreign nationals who die in France. In such cases, the law of their home country takes priority.

In practice, doctors will consult with family members before harvesting any organs. Refusal must be in writing, and must confirm that the deceased had expressed their opposition to organ donation. 

Arranging the funeral

Once the death is registered, the mairie issues a burial permit (permis d’inhumer).

The deceased’s family usually have six days to arrange the service for a burial or a cremation, with allowances if there’s an open investigation or if the death happened on a weekend or public holiday, or if the person died abroad and wishes to be repatriated to France – in which case the time limit is six days of the arrival of the body in France.

Burial can’t take place within the first 24 hours after death.

If the deceased had indicated what type of ceremony they wanted, their wishes must be respected. If they didn’t specify, the decision has to be made by their closest relatives.

The funeral directors will help with these formalities. The mairie will have a list of local firms, and the website www.pompesfunebresdefrance.com has details of funeral directors in towns and cities across the country.

Burial

Burial in a cemetery requires a surviving spouse, parent or child to ask permission from the mairie. This is a formality and will usually be granted – though there are exceptions.

The deceased can be buried in the commune where they lived, where they died or where they have a family tomb.

Families may request to have them buried in another city, town or village (for example, if that’s where other family members) but the mairie may decline the request.

If the deceased had not already reserved a burial plot (une concession) you need to buy one. This is done at the mairie or at the bureau des cimetières. Costs vary depending on timespan which ranges from five – 15 years, to perpetuity and can usually be paid in installments. Arrangements may be made if the family lacks the means to pay.

Enquiries about burial must be made as soon as possible to organise a time and date for a funeral. If a burial plot had been previously reserved, you should find a document called a titre de concession confirming this.

Normally cemeteries require flat paving to be placed over the grave before the family can install a headstone.

Cremation

As with burials, permission for a cremation has to be obtained from the town hall of the commune where the death took place, as cremations usually take place at the crematorium nearest the place of death.

A medical certificate showing there are no medical or legal reasons preventing cremation is required. Medical implants such as pacemakers must be removed by a doctor or embalmer.

Following any short service, ashes are handed to a family member privately shortly after the funeral, or may be stored temporarily while the family considers what they plan to do with them. 

But there are strict rules on where ashes may be scattered. You can’t just throw them anywhere –  for example, scattering them on private land is banned. Communes will usually have a remembrance garden used for this purpose, but – again – surviving family members may be required to ask permission from the mairie to use it. 

Who pays?

Funeral expenses in France are covered by the estate of the deceased, usually their bank account. If the money in their accounts isn’t enough to cover the overall fee, heirs or family members must pay the difference.

The person taking charge of the funeral may, upon presentation of the funeral invoice, obtain the debit from the bank account of the deceased, which is to say, the required amount for the payment of funeral expenses, with a limit of €5,000. Beyond this amount, a notary needs to get involved.

If the deceased had funeral insurance, contact the insurer as soon as possible after death.

Seven days and after

Within seven days of the person’s death, you should notify their employer if they were working, health and life insurance companies, bank (do mention if you shared a joint account), and their landlord, if they were renting.

Within 30 days, notify France’s primary health insurance fund CPAM and return the deceased’s carte vitale health card.

Within six months, make sure you have informed the tax office with reference to income tax declarations and other relevant fiscal information. The process can be done online in the first two months after the person’s death.

Inheritance

A notary must be contacted promptly, in order to open the inheritance file. There is a six-month time limit for the filing of the succession declaration and the payment of an inheritance tax, if the death took place in France, twelve months in other cases. This is usually sufficient for an estate to be settled.

Notaires de France has a comprehensive English-language inheritance guide on its website.

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