Article R1435-36 of the French Public Health Code
November 4, 2023
The Regional Intervention Fund is subject to economic and financial control by the State under the conditions laid down by decree no. 55-733 of 26 May 1955.
The Regional Intervention Fund is subject to economic and financial control by the State under the conditions laid down by decree no. 55-733 of 26 May 1955.
The amount of carryover is determined in terms of commitment authorisations and payment appropriations within the limit of the ceiling, provided for in the fourth paragraph of article L. 1435-10, determined on the basis of the commitment authorisations of the annexed budgets by the ministers responsible for social security and health. In the event that unused appropriations from the annexed budgets not carried forward are not repaid to the State,…
The sums notified by the regional health agencies corresponding to the commitment authorisations used up are prescribed in application of the fourth paragraph of article L. 1435-10 for the benefit of the regional intervention fund. These sums are taken into account when calculating the amount of appropriations allocated the following year to the regional intervention fund, set by the order provided for in article R. 1435-25.
I – On the basis of inspections carried out in application of the provisions of Article L. 1435-7, the results of audits or evidence of breaches of Articles L. 5472-1 and L. 5472-2, the Director General of the Regional Health Agency with territorial jurisdiction may initiate financial sanction proceedings against those responsible for these breaches. II – The Director General of the Agency will inform the natural or legal person…
The Minister for Health is the authorising officer responsible for issuing collection orders relating to penalties and periodic penalty payments ordered pursuant to Articles L. 1435-7-1, L. 5472-1 and L. 5472-2. The collection order is issued and made enforceable under the conditions laid down in articles 112 to 124 of decree no. 2012-1246 of 7 November 2012 on public budgetary and accounting management.
Standby duty is paid at least once a year.
The Director General of the Regional Health Agency may derogate from the standards laid down by the State administration, provided for in this Code or in the Code de l’action sociale et des familles, or taken in application of one of these two codes, in order to take non-regulatory decisions falling within his or her remit in the following areas: 1° The organisation of health monitoring in the region and…
The derogation must meet the following conditions: 1° It must be justified by a reason of general interest and the existence of local circumstances; 2° It must have the effect of simplifying administrative procedures, reducing procedural deadlines or facilitating access to public aid, in particular funding granted by the regional health agency; 3° It must be compatible with France’s European and international commitments; 4° Not be detrimental to the interests…
The decision taken in application of article R. 1435-40 must state the reasons on which it is based and must be published in the Recueil des actes administratifs of the regional prefecture.
The Regional Conference on Health and Autonomy and the Board of Directors of the Regional Health Agency are informed every six months of the derogation decisions taken by the Director General of the Regional Health Agency. A report on the application of article R. 1435-40 is drawn up by the General Secretariat of the Ministries responsible for Social Affairs and presented to the National Steering Committee for Regional Health Agencies…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
