File n° 25

The General Secretariat of the Government is the administrative body which ensures the correct functioning and legality of Government action. Only seven Secretaries General of the Government have been in charge of this non-political office since 1958.

I. –  the organization of governmental work

The contribution of the General Secretariat of the Government (SGG) to the organization of governmental work is a cornerstone in the development of the decision-making process which leads governmental action to be as efficient as possible.

The General Secretariat of the Government is involved at all stages in the development of Government decisions.

First of all, it convenes the inter-ministerial meetings and draws up the minutes which it files and distributes. In this way, it fulfils the role of “the clerk of the Republic”. 

It is also responsible for the transmission of the most important texts (laws, ordinances etc.) to the consultative sections of the Conseil d’État, for putting forward the Government’s point of view and for ensuring the coherence of the speeches of the various ministers as well as for following the development of the debates. A representative of the General Secretariat of the Government attends the deliberations of the Conseil d’État so as to ensure the coherence of the speeches of the representatives of the ministries. The General Secretariat of the Government pays particular attention to the legal positions taken by the Conseil d’État so as to avoid subsequent censure of the text, either through an appeal against a decree by the litigation sections of the Conseil d’État itself or through an appeal against a law by the Constitutional Council.

The General Secretariat of the Government is also responsible for the secretariat of the Council of Ministers and prepares its agenda and the files for the questions which are included on the agenda. It also records the decisions taken.

Furthermore, in collaboration with the Minister in Charge of Relations with the Parliament and the minister responsible for defending a bill before Parliament, it ensures the preparation of the decree presenting the bill and follows the legislative procedure.

In addition, once a bill has been passed or a decree has been adopted, it is the duty of the General Secretariat of the Government to gather the signatures required by the Constitution and to ensure the publication of the text in the Journal Officiel. In the case of referral to the Constitutional Council, the General Secretariat of the Government plays an important role as it is responsible for presenting Government observations concerning the appeal against the bill which has been passed. In the case of decrees in the Conseil d’État, the General Secretariat of the Government checks that the text of the Conseil d’État has not been strayed from, except on points which run no risk of annulment for the decree.

After the passing of a law, the General Secretariat of the Government ensures that the application decrees, i.e. those necessary for the settling of all the details which the law could not deal with, are enforced in a reasonable time limit and draws up a report on them to the Prime Minister.

The General Secretariat of the Government is also involved in the procedure for written questions. In this area, it centralizes the replies of the different ministries, monitors their content and transmits them to the assemblies for publication in the Journal Officiel.

II. –  legal advice to the Government

The General Secretariat of the Government has a role as legal adviser to the Prime Minister’s and the other ministers’ staff.

The members of the General Secretariat of the Government and in particular the “chargés de mission” examine the legality and the formality of the texts which they deal with.

The General Secretariat of the Government may be consulted by ministers or their staff on certain legal questions when they wish to have the opinion of a body with a “general expertise”.

In collaboration with the ministries concerned, the General Secretariat of the Government defends before the Conseil d’État the decrees which have been the subject of a contentious appeal. It also ensures a ‘constitutional surveillance’, at all stages of the procedure, on the problems of constitutionality which are raised by a text and writes up the observations of the Government in the case of a referral to the Constitutional Council.

In addition, the General Secretariat of the Government ensures the distribution of legal documentation to the ministries and draws up, in particular, the circulars of the Prime Minister concerning the interpretation of texts.

III. –  the specific remit of the General Secretariat of the Government
upon the formation of a new Government

The General Secretariat of the Government is a permanent administrative body and thus its members are not replaced when the Prime Minister leaves his position.

It is in fact the duty of the General Secretariat of the Government to guide the new Government upon its arrival in office. The General Secretariat of the Government is the guarantor of the continuity of governmental action despite political changes.

It prepares the decrees of attribution and of delegation which define the remit of each member of Government. It distributes the logistical means (buildings, offices etc.) to the new ministerial teams and it provides them with all the necessary information (on the progress of such and such a reform, on the procedures of Government work).

IV. –  Monitoring the services of the Prime Minister

The General Secretary of the Government also directs all of the services under the authority of the Prime Minister and attempts to play a key role in the area of the modernization of the administration.