The Mediator of the French Republic is a man of dialogue at the service of the rule of law. It is therefore by listening and persuading, and seeking fairness, that he tries to convince the government department in question in order to re-establish harmonious relations between the two parties.
Mediation is now an original and efficient method of settling conflicts: rather than by constraint, which would clash with the services and run counter to the objective sought, the intention of the Mediator of the French Republic is to act through dialogue, via "recommendations" and "proposals".
However, if he does not arrive at an accepted solution with the government office, he has special powers:
• proxy disciplinary power : he may initiate disciplinary proceedings against an official who is manifestly at fault if the competent authority refuses to take disciplinary action against him/her.
• power of injunction : he may, "in the event of non-execution of a court decision", compel the government to comply with the decision within the period stipulated by him. If this injunction is not complied with, non-execution of the court decision may be the subject of a special report published in the Official Journal.
• power of investigation : Ministers and all the public authorities must facilitate the task of the Mediator of the Republic, and their help can prove invaluable in complex and sensitive areas: he may, for example, ask the Cour des Comptes (a state body that supervises the financial affairs of public bodies and local authorities, and monitors the way public funds are used) to open investigations and provide technical expertise.
• power of reform : The Mediator has the ability to ask for a law or regulation to be modified by proposing a reform, beyond the bounds of the individual cases submitted to him, in order to improve the workings of the government or prevent unfair situations from being repeated.
All these powers guarantee the independence and efficiency of the activities of the Mediator of the French Republic.
