Do I "have the right to make a mistake" ? How does the Government Reform Act for a Trust-Based Society (ESSOC act) apply ? How can I obtain an information certificate ?
Article 312-3 which was introduced into the Code Governing Relations Between Government Departments and the Public by Article 20 of the Government Reform Act for a Trust-Based Society (ESSOC) provides that "Any person may rely on the interpretation of a rule, even an erroneous one, made by these documents [instructions and circulars] for the purpose of applying it to a situation that does not affect third parties, as long as this interpretation has not been modified." The ESSOC Act has also introduced the notion of an "Information Certificate", enshrined in Article 114-11 of the Code Governing Relations Between Government Departments and the Public, with the following wording: "Any user may obtain, prior to the exercise of certain activities, information on the existence and content of the rules governing this activity. The government department to whom the matter is referred shall provide the user referred to in the first paragraph with a certificate of information on all the rules it is responsible for applying. The department shall be liable for any incomplete or erroneous information contained in the certificate that results in prejudice to the user. Decree 2018-729 of 21 August 2018 relating to the certificate of information on the rules governing an activity includes the export of dual-use items in the list of activities for which a user can obtain a certificate of information on the applicable standards (Article 1 (1)). In practice, a company wishing to benefit from the provisions of the law and request such a certificate may request the service of dual-use goods by dematerialised means, via a "non-licence-related request". The department's written response shall be considered as a certificate within the meaning of the above-mentioned decree.
Edited on 22 June 2021