Subsection 3: The National Enforcement Committee

I. – The four qualified members of the National Enforcement Committee and their alternates are appointed by decree on the report of the Minister for the Economy, after consultation with the Minister of Justice and the Minister of the Interior. II. – For the performance of its duties, the Commission may adopt rules of procedure which will be made public on its website.

The Chairman of the National Sanction Commission convenes its meetings. The committee may only deliberate if at least three of its members, full members or alternates, taking part in the deliberations, are present. If the chairman is unable to attend, the meeting is chaired by the full member of the Court of Cassation, appointed by the Chief Justice of the Court of Cassation, or, if he or she is not…

The Secretary General of the National Enforcement Committee may be assisted by a Deputy Secretary General. The Secretary General investigates the cases submitted to the Committee for review, in conjunction with the rapporteur. He may not receive instructions from the Chairman or other members of the Commission in the performance of this task. He monitors the implementation of the Commission’s decisions. He manages the Commission’s staff, made available to it…

The chairman, members and alternates of the National Enforcement Committee receive a fee for each committee meeting they attend. The rate of the allowance and the annual ceiling on allowances are set by order of the ministers responsible for the economy and the budget.

I. – When a case is referred to the National Enforcement Committee pursuant to Article L. 561-38 on the basis of an inspection report drawn up in accordance with Articles R. 561-39 and R. 561-40, the notification of complaints provided for in Article L. 561-41 is sent by the Secretary General by registered letter with acknowledgement of receipt. It shall be accompanied by a copy of the inspection report. II….

The Chairman of the National Enforcement Committee will summon the respondent to a hearing by registered letter with acknowledgement of receipt, within a period of not less than fifteen days from the expiry of the period referred to in II of Article R. 561-47. The person being heard may be assisted by counsel.

I. – The composition of the National Enforcement Committee is communicated to the respondent, who may request that one of its members be challenged if there are serious grounds for doubting the member’s impartiality. The request for recusal must be submitted to the General Secretariat by the accused party or his representative within eight days of the discovery of the reason for recusal or, in the case of the rapporteur,…

The National Enforcement Committee meeting is open to the public at the request of the respondent. However, the Chairman may prohibit the public from entering the meeting room during all or part of the meeting in order to preserve public order or when publicity is likely to infringe business secrecy or any other secret protected by law. The Commission may hear any person it deems useful. Minutes of the meeting…

For the purposes of III of Article L. 561-40, the Commission’s decision shall be published on the Commission’s website. The publication shall mention at least the sanction imposed and the nature of the offence committed, as well as, except where the sanctioning authority applies the second paragraph of III of Article L. 561-40, the identity of the natural or legal person sanctioned. This publication takes place after the authority has…

Without prejudice to the publication on the website provided for in Article R. 561-50-1, the decision may also be published, on expiry of the appeal period, in the publications, newspapers or media designated by the Commission. When an appeal is lodged against this decision, this is mentioned on the website mentioned in the previous paragraph. The same applies if the decision is annulled or reversed.