Section 5: Absence or insufficiency of appropriations required to cover compulsory expenditure (R)

The referral to the regional audit chamber provided for in article L. 1612-15 must be reasoned, quantified and supported by all relevant evidence, and in particular by the approved budget and, where applicable, the decisions that amended it. The president of the chamber communicates the request to the public prosecutor. He informs the representative of the local authority or public body.

Where the person making the request has been unable to obtain the budget documents, the president of the regional audit chamber will have them sent to him by the representative of the State.

The regional audit chamber rules on the admissibility of the application. In particular, it shall establish the status of the applicant and, if applicable, the applicant’s interest in bringing the action.

The regional audit chamber shall rule on whether the expenditure is compulsory. If the expenditure is compulsory and the chamber finds that the appropriations required to cover it are lacking or insufficient, it shall give formal notice to the local authority or public establishment concerned to make the said appropriations available by means of an amending decision to the budget.

If the regional audit chamber finds that the expenditure is not compulsory or that the appropriations entered are sufficient to cover it, it shall notify its decision, which shall be substantiated, to the author of the request, to the local authority or public body concerned and, if it is not the author of the request, to the representative of the State.

Within one month of notification of the formal notice referred to in article R. 1612-35, the local authority or public establishment concerned shall open the necessary appropriations. The corresponding decision is sent to the regional audit chamber and to the applicant within eight days of its adoption.

The procedure defined in the second paragraph of article R. 1612-35, to articles R. 1612-36 and R. 1612-37 applies when the representative of the State refers the matter to the regional audit chamber, in accordance with article L. 1612-18.