Forbidden Grass

Walking across the Esplanade des Invalides in the rush hour this morning, I watched a gaggle of young rugby players practising on the broad grass expanse. They were civil servants were from the Foreign Ministry, headquartered on the Quai d'Orsay, which adjoins the esplanade. Dotted along the grass verge were signs proclaiming: "Ball games strictly forbidden".

Here, in the glorious heart of Paris, a rugby kick from Napoleon's tomb, was a good illustration of France's relationship with rules: They are there to be broken. France has so many rules, regulations, ordonnances and laws that even lawyers and judges complain that they cannot keep up with them, so why should the ordinary citizen.

In keeping with this spirit, France has the worst record of any European Union state for putting Brussels directives into national law and then obeying them.

An attack on the mania for pointless legislation has been made this week by one of the most august institutions of the state: le Conseil d'Etat. The council, a cross between supreme court for civil law and legal adviser to the state, said in its annual report to President Chirac that France is drowning in an excess of laws. An explosion of recent legislation is paralysing the state, damaging the economy and French interests in the world, it said. The plethora of codes and regulations confuses citizens and undermines the rule of law.

The council, which sits in the old Palais Royal and dates back to the king's privy council of the middle ages, produced an astonishing score card. The lives of French citizens are governed by 9,350 laws and 127,500 decrees. Every year, the National Assembly passes 70 new laws, 50 ordonnances (edicts) and 1,500 decrees. In addition, 10 percent of the articles in the 59 "codes" that frame French life are amended annually.  French politicians suffer from an obsession with lawmaking, complained the council, which has to advise on every draft bill before it is put to parliament. 

"In France, the law is invested with a very strong symbolic value -- probably more than is the case with our European partners," said Josseline de Claussade, who drafted the Council's report. "The law is supposed to solve all problems. The result is permanent pressure on governments, ministers and parliamentarians who feel that they have to keep making new ones."

The answer, said the Council is to .... make a new law. This would oblige France to follow Britain and the United States in requiring the impact and cost benefits of new legislation to be studied before a law is passed.  (Apologies for again citing the Anglo-Saxon model, but the Paris media are doing it on the law story)

There seems little chance of reform. Generations of politicians have promised to trim the legal jungle but have never managed to. Campaining for office in 1995, Chirac came up with the slogan "too many laws kill the law" then presided over a decade-long orgy of law-making. Several times a year,  Chirac soothes public opinion by promising to promulgate une grande loi. to solve whatever is the issue of the moment.

As everyone knows, the reasons for all this go back to the Gallic psyche. France developed its love of regulation as a balance to its individualism, its admiration for spontaneity and its tendency to anarchy. The rigour of Descartes and the geometry of classical French gardens illustrate the same idea.  Laws impose a framework, like ski pistes or the highway code. There would be no fun if they were not there to be ignored.

Comments

[john]

French bureaucracy is legendary no and the source of this, I imagine, most for the most part stem from the infinite laws you detail above. My personal experience is from spending a year at university in Paris and trying to get all the necessary documents for finding a place to live - unbelievably complicated!
I do wonder though how many of these new laws and regulations come infact from Brussels and not from Paris? If there are similar studies as have recently been done in the UK showing what % of laws and regulations do come from the EU, they could be quite interesting to look at.

[Felix Lowe]

The best long-standing French law that you come across in Paris is the one which forbids the putting up of posters on public buildings. Carved, engraved or painted across many of such buildings are the superb words: Défense d’afflicher – la loi du 29 Juillet 1881. Of course, this particular law is flouted like any other, with posters, graffiti and other such notices on display willy-nilly. But if you are caught, you will be arrested. Near to where I used to live – near Port Royal between the 6th and 14th – summer revellers frequently break the law which disallows people entering the long annex of the Luxembourg Gardens that edges up towards the Observatoire. The thing is, unlike the Jardins de Luxembourg proper, which are protected by imposing, ornate, gold-tipped railings, there is only a metre-high fence to stop the ‘racaille’ (joke – you don’t get riff-raff around that area of Paris!) from entering. Often you can pick out groups of young students drinking, smoking and moping around on the lawns after dark. Oh yes, another forgotten law – smoking on the metro. Talking of which, the local population are not too keen on buying metro tickets tout court, and often opt to jump over the ticket machines rather than fork out one euro in return for a purple piece of card.

[Robert Marchenoir]

Only 9,350 laws? Are you sure? Really, I would have thought the figure to be much higher, given the frantic law-making activity.

On another subject, did you ask the civil servants how they happened to be playing rugby on a Wednesday morning? Were they not supposed to be busy at their desks solving the problems of the world instead?

That reminds me of a conversation I once overheard in a restaurant (never raise your voice in a restaurant, you don't know who might be listening).

It was lunch-time, and a bunch of civil servants was busy discussing the last bout of exploitation they were suffering from. (Unfortunately, I did not catch what ministry they were working for.)

It appeared that they had formed a club for amateur photography on their workplace. Fair enough. But the hierarchy had just decided that they could not any more hold the gatherings of their club during their (presumably rather short) working hours.

The leader of the group was really, honestly incensed. You could feel this was an unbearable infringement of his human rights. And he had this extraordinary argument: "The bosses are insisting we polish our management skills. Well, managing a club such as this is a very good way to do precisely that!"

Again: I'm not making this up.

This might be funny, but remember: these are the very same people who march in the streets against the CPE, the new work contract which might induce just a bit of extra flexibility in the system, and possibly contribute to lower unemployment figures for the young.

All these demonstrating civil servants, of course, will never be subjected to the risks of the CPE: most of them have a job guaranteed for life.

In effect, they are fighting to keep non-civil servants out of employment.

While practising photography (or rugby?) on taxpayer-funded time.

In 1789, we used to make heads roll for less than that.

[Peter Carrington]

The ambivalence with which the French, and, to be honest, many foreigners, including myself, who live in France, treat the law has a darker side.

The appalling annual carnage on the roads, which on a comparative basis far exceeds that of most European countries, can be traced directly back to widespread disregard for laws on speed limits, obeying traffic lights and drink driving.

You are right when you say that "there would be no fun if they (the laws) were not there to be ignored". The problem is that a culture that embraces this principle leaves it to the 'good' judgment of its citizens as to which laws they obey and which they disregard...and good judgment is not always present.

[Victor Tan]

Talk of French laws and decrees! I was most elated when my parents-in-law consented to my proposed marriage to their daughter some fourteen years ago. As her extended family lived in France, it was decided that the wedding took place in her town.

Whereas in England, one could get married within three days, with an expedited special licence on payment of an additional fee, it could take place the following day. A foreigner marrying a French woman in France (I am not sure if it worked the other way round) had to embark on an expedition not far short of Michael Palin's "Around the World in 80 Days" I shall chronicle my marriage expedition.

1. Blood tests for syphilis for both of us by a French doctor only! A Napoleonic decree! When was the last reported case of a death by syphilis in Europe? It was most ironic that a test for HIV was not required! What about avian flu H5N1 present day? Off we trotted to a French "cabinet" in Kensington. The palpable anxiety of the visit raised a question. What if I failed the test? Instead of heading towards the wedding chapel, I could be heading towards the Pearly Gates!

2. My original birth certifcate was not acceptable, I had to obtain a recent extract from the Register of Births in my country of origin. That involved a trip to Malaysia. As I was divorced at that time, I had to swear an oath in the High Court that I was unencumbered, and free to marry. This court document had to be endorsed by our Foreign Ministry. All the documents had to be translated into French by an approved French translator. They then had to be presented to the French Embassy in Kuala Lumpur to be stamped.

3. By this time, I was beginning to evolved into a courier darting from country to country. I had to present all the documents in person to the Malaysian Embassy in Paris to be stamped, and a Certificat de Coutume which enabled us to proceed to the next stage.

4. Only with all the documents endorsed and stamped by the Hotel de Ville in her town, were we permitted to make an appointment with the Maire for a date for the wedding.

The expedition took nearly four months as I had to fit the trips in with my work. Talk of French laws and decrees, can they get anymore ridiculous than this? It achieved absolutely ziltch, except for a lot of people stamping documents! I shudder at the thought of a divorce! Do we have to re-trace the steps? My advice to any foreigner planning to marry a French woman, LIVE IN SIN, you do not even require the consent of the landlord!

[Sandrine]

Sorry Robert Marchenoir, I do work for the French Ministry of Foreign affairs as a civil servant. and I understand from what you said, that you HATE all the civil servants. Because they don't work and they are so lazy and so on...pffff!. What you have heard from one group of civil servants, is not the truth for EVERYBODY in the french ministries... But maybe, it's something too hard for you to accept.

[Gareth]

This country is going down the pan - fast. I'm setting up a magazine here, and even my French associate is tearing her hair out with the amount of ridiculous, pointless legislation required to set up a company. It's been 18 months now, we've managed to get one magazine out but the lack of forward-thinking initiative in this country is blocking us again!
And regarding civil servants, I am quite sure that there are some very good ones out there, doing their jobs. But they'll have to accept jealousy from us in the private sector, because we don't have wonderful pensions, secured jobs for life, and nice and easy working hours: and we don't even go on strike, or play rugby on a Wednesday morning.
Ah, but if we could... Jonny Sly and I would be out there on the Esplanade in our City and Everton shirts respectively. Ah, good luck to you all. But I'm getting outta here!

It remind me a 68's sentence:
"it is forbiden to forbid"

[sandrine]

For Gareth :
"nice and easy working hours" : once again,it's not the case for every civil servant...

;o)

[Robert Marchenoir]

Well, ladies and gentlemen, you have just witnessed, courtesy of Sandrine, one of the best-practised antics of the civil servants in our glorious country.

Whenever someone dares to criticize the public sector, you can bet one of their members you were not even aware of -- and there is no shortage of them -- will come out of the woods and hurl abuse at you, complaining that you "hate" and "despise" the lot of them, and pretending to "understand", better that yourself, your evil feelings.

It works suprisingly well to intimidate many would-be critics. What these supposedly offended people don't tell you, is how you may criticize your government if any such opposition is seen as a personal insult to everybody working for the system.

Allowing, of course, that everybody agrees that democracy should be revered, which is not always obvious judging from such remarks.

In short, Sandrine, your point would have been much more convincing if you had joined me in expressing your indignation at the behaviour I described, rather than implying that you, personally, do not behave that way, which, frankly, does not prove anything.

But you'll notice that the fonctionnaires never react that way. They will always tell you that what you actually saw was an exception, despite the overwhelming anecdotal evidence to the contrary, not to mention facts and figures.

Just for the record, I don't believe French civil servants are lazy. I believe the system induces them to laziness, which is quite different.

And, lest I forget, Sandrine, I was surprised to learn that you work for the ministry of Foreign Affairs. I thought diplomats had a more... diplomatic way to engage a conversation.

[Sarah]

There are other areas of bureaucracy that induce hair-tearing. Try renting a place to live. It's liable to leave you toothless from having ground your teeth to a pulp. Where I live, the houses are supposed to be rented to people of restricted means only, due to some law to encourage the building of houses to rent in exchange for tax dodges. The trouble is, the rents are so high, that anyone on a low rent cannot afford them. It seems to be a catch-22 situation, and one I've still not worked out how people get around. It has to be done by devious methods, that's for sure. Otherwise the renter is liable to have to fork out 16months rent as a guarantee... It's surreal, really.

[Victor Tan]

How delightful and charming to read Sandrine using the expression...pffff!

I am subjected to such dismissive utterance whenever I have a disagreement with the missus... Ouch!!!

[Sandrine]

Robert,
If I don't act as a diplomat, maybe it's because I'm not a diplomat... (there are not ONLY diplomats in the Quai d'Orsay)

By the way, I didn't say anything on the rugby affair because I simply think that, it must have happened during lunch time, not in the morning (maybe Mr Bremner can confirm it). And as you know, until that changes (with a law for ie ;o), you still can do what you want during this period.

I don't know what the other civil servants do, I just don't want you or others to GENERALIZE. Sorry for being that tough with you Mr Marchenoir, I just feel a little upset by the image of the civil servants in France.

Maybe I shouldn't have to react that "strongly", but sometimes I can't stay and read all theses stupid things about the way -people think- I work and live, without saying anything.

[marc de berner]

Sandrine as a fonctonaire you are part of the protected world.
Not like those of us who work in the other France.
If you don't like the image of French public/priviliged sector employees perhaps you'd do well to ask how they have aquired this image.

[Sandrine]

Yes Marc, you're perfectly right. It's actually really impossible to defend those ugly civil servants !!:o)

[Victor Tan]

Sandrine, bravo!!! You are now a greater person to admit to the impossible task to defend the fonctionnaires in France. This situation is not particular to France, but universal. So, take heart, it is good to talk.

I have enjoyed reading your little tiff with Robert Marchenoir. I gather that you live in Paris, but I do not have a clue where Robert resides. I would dearly love to invite you and him for a drink or dinner in Paris for a robust discussion. Maybe we can persuade Charles Bremner to participate too.

[Sandrine]

Hi Victor,
Thanks very much for the invitation but I'm not sure I wanna discuss with Robert Marchenoir (face to face lol).

I really appreciate to read all the comments on this post (yours, those of Gareth and Marc...) and to discuss with you all, but Mr Marchenoir's comments are a bit too extreme for me. And as I am easily irritated by some kind of people (those for instance who are sure they know everything on everything...), I guess that wouldn't be a pleasant experience for you to put us together in the same place ! lol

Remember, I have problems with diplomacy. :o)

BTW, I live in the suburb, not so far from Paris.

Au plaisir...

[Peter Athey]

I would like to second Victor Tan's motion .... as long as HE foots the bill, of course.

[john gregory Flinn]

Talking about new laws, with a name like yours, Mr Bremner, I wonder if you have visited Scotland recently - that is since their 'independence'.
We went to a wedding in Edinburgh in 2002 and drove the 100 miles or so from Newcastle on tyne. On the way I counted 15 speed cameras, and near Edinburgh a number of Wind-Turbines next to the motorway. Presumeably the former pays for the latter!
The new Scottish 'Parliament' has developed a zeal for introducing new petty rules and regulations that must surpass Paris. It resembles one of those second-rate, loony-left councils; full of bureaucrats, totally bereft of common sense, deaf to public opinion and no concern about value for money.
I could go on but, suffice to say that Scotland is the only country in Europe to register a declining population. Whereas, 'la belle France' has a burgeoning population growth.

[Sara]

I really enjoyed checking out your site - keep up the good work.