THE OFFICIAL REPORT:

After the circulars of December, 2000, December, 2002 and January, 2007, the State introduces a new text on contractual relations between associations and authorities. The density of this circular, forty pages, is just like stakes which it is supposed to raise: euro-compatibility of modes of public financings (state aid) and clarification of appeal for the subsidy in internal right. Pedagogic precision seemed therefore necessary to allow the actors to grab better the modalities of application of these novelties. Five following annexes so come to supplement the text of doctrine of the Prime minister:

• Recalls on rules supervising the financial relations of state authorities with associations.
• The common model annual (Pluri-) of objectives with an association.
• The new file CERFA of request of subsidy.
• The textbook of use of the common model and of the new file of request of subsidy.
• Criteria forming the common origin of agr ment.

Force is to note that the regulation update of contractual relations between associations and authorities is a key instant in recognition - by the State - of the contribution of associations in general interest. This new text does not make exception in this rule. He also manifests the accumulation of the reforms of the State in his relations with associations on different subjects: partnership and valuation (2000), transparency and simplification (2002), measures performance (2007), the eurocompatilit (2010). Remain then to implement...

In the middle of this circular, a decisive text: the common model annual (Pluri-) of objectives with an association . This one aims at the making comply of the subsidy with the European norm relating to the state aid [1] which is translated by the capacity of public financing of the services of general economic interest (SIEG). Cornerstone of this New Thought: the payment by money order of general interest, by authorities, of SIEG as part of plans offered by associations, and it for the upper sums of public aid to 200 000 over three years of exercise. Underneath these sums, these new rules are not applied. A big number of small associations remains therefore not concerned.

In another register, the circular introduces criteria forming a common origin aiming at homogenising, within the different services of the State, the procedure of attribution of amenities. The first criterion of this common origin is apparently that of the object of general interest carried by an association. Once again, this clarification is interesting from the point of view of the recognition of the associative contribution in general interest. As for the file of request of subsidy, no significant modifications except a detailed description of the action referring to the pronunciation of the activity financed with a public policy.

THE ANALYSIS [2]:

These texts have to allow first of all to clarify and to limit systematic appeal to the state commission when authorities have the intention of financing economic activities of general interest offered by associations. On this point, they correspond aimed at the Prime minister shown in his closing speech of the second national Conference of the community life: As for the Community law, it is necessary to watch in not not over - interpreting by imposing appeal in a systematic way on the state commission .

But what will he be in facts? In territories, will groups indeed grab this new conventional tool to avoid a systematic appeal in the state commission when it will be a question of financing SIEG? Nothing guarantees him. The answer to this questioning depends partly on the accompaniment which will be accomplished to technical services of of groups and to the associative actors. The contractual innovations contained in this circular have to be first of all useful tools for the strengthening of the partnership between associations and authorities.

The absence of a professionalized accompaniment, for associations as for authorities, would let incur the risk of a drift techniciste or juridiciste opposite to a planed and innovative approach of the public partnership - private unprofitable. They think especially of the possibility, recalled by the circular, of a contractual financing on the mode of the subsidy for not economic associative activities. A possible option, for example, for the activities of advocacy and those linked to the function of head of network, of coordination or of associative federation. [3] Dices during, for the associative actors, the stake of financial negotiations will consist in avoiding any limitative interpretation of these texts likely to harm the principle of partner subsidy.

Between the lines of this contractual mutation holder of a better security of the principle of subsidy, a risk of augmented control of associations and freedom of initiative comes out moreover which could meet administrative hindrances. So the new file of request subsidy encourages to register the associative action subsidised as part of a public policy (cf. do 3-1, presentation of action of the file of request of subsidy).

Does it mean that the freedom of citizen's initiative will henceforth have to be marked out with beacons by one plan of public action already decided in anticipation by the State? There remains here a margin of interpretation which will vary from a territory to other one. One waits for a clarification from this point to preserve and to favour citizen's, social and economic innovation.

TO GO FARTHER:

CPCA had offered in the letter of actuality That a pedagogic quizz would be Europe without the associations of April, 2009 to include better the application of the European rules on state aid. This article stays of actuality to light the implementation of the circular of January 20th, 2010. Click to achieve this document.

Download the circular:

Circular of the Prime minister (1/18/2010) relating to relations between associations and authorities.