Qu’est-ce qu’un conflit d’intérêts ?

Par le 22 octobre 2018

Glyphosate, concession d’autoroute, huile de palme, médicaments, transports en commun… La liste est encore longue, mais le dénominateur commun reste le même: le conflit d’intérêts. Cette expression, on l’a déjà tous entendu une fois, car beaucoup de polémiques, de débats voire de procès naissent d’elle. Mais que se cache-t-il derrière cette notion ?

Qu’entend-on par « intérêts » ?

Pour définir clairement ce qu’est le conflit d’intérêts, il faut déjà comprendre ce que l’on entend par “intérêts”.

Pour cela, nous pouvons nous appuyer sur l’alinéa III de l’article 4 de la loi n°2013-907, qui liste les intérêts que doivent déclarer tout nouvel élu au Président de la Haute Autorité pour la transparence de la vie publique dans les deux mois après son entrée en fonction.
Ainsi, est défini comme « intérêts » :
– Les activités professionnelles rémunérées ou gratifiées (prime) exercées au moment de l’élection ou dans les cinq années précédant celle-ci
– Les activités de consultation (conseil), de direction ou de bénévolat exercées au moment de l’élection
– Les participations financières dans le capital d’une société au moment de l’élection
– Les différentes fonctions et les différents mandats électifs exercés au moment de l’élection.

Que dit la loi sur le sujet ?

En France, la notion de conflit d’intérêts a été définie par l’article 2 de la loi n°2013-907 comme:

“ […] un conflit d’intérêts [est] toute situation d’interférence entre un intérêt public et des intérêts publics ou privés qui est de nature à influencer ou à paraître influencer l’exercice indépendant, impartial et objectif d’une fonction. “

En vertu des deux articles légaux que nous venons de lire, nous allons désormais formuler une définition plus générale et simplifiée de l’expression.

Définition simplifiée

Pour un élu, situation dans laquelle tout intérêt personnel est susceptible ou paraît susceptible d’influencer une décision portant sur l’intérêt général. Intérêt personnel pouvant être engendré par une activité, une relation ou participation extérieure, rémunérée ou non.

Que doit faire un élu en cas de conflit d’intérêts ?

En cas de conflit d’intérêts, la réaction attendue d’un élu, selon l’article 2 de la loi n°2013-907, est assez simple. Ce dernier doit être remplacé par son suppléant, ou s’il est membre d’une Assemblée ou d’un conseil, doit s’abstenir de siéger.

Pour un membre du Gouvernement, la solution est, en général, de se déporter vers un autre ministre.

Exemple de conflit d’intérêts

Le CDG Express, sera l’équivalent d’une ligne de RER sans arrêt entre la Gare du Nord, la Gare de l’Est et l’aéroport Roissy-Charles De Gaulle, qui ouvrira en 2023/2024. Cependant, à l’heure actuelle, aucun exploitant n’a été désigné et Elisabeth Borne, actuelle Ministre chargée des Transports, est logiquement chargée de gérer le dossier. Le problème, c’est que la ministre a été PDG de la RATP entre 2015 et 2017, entreprise en lisse pour obtenir l’exploitation.
Par conséquent, pour éviter tout suspicion de conflit d’intérêts, Madame Borne s’est déportée sur le dossier et celui-ci est désormais sur le bureau de François de Rugy.

La Carte du CDG Express (Crédit Photo: LesEchos.fr)

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