The Public Administration Probity Screening Act, known as the Bibob Act, allows administrative bodies to refuse or withdraw a permit, subsidy or public contract where there is a serious danger that it will be used to commit criminal offences or to enjoy the proceeds of them.
Legal basis
Article 3 of the Act contains the core: the body assesses whether serious danger exists, looking at offences by the person concerned and by those in a business relationship with them, at the connection between those offences and the activity applied for, and at the scale of the advantage obtained. Where the danger is less than serious, conditions may be attached to the decision instead. The body first conducts its own investigation and may then seek advice from the National Bibob Bureau; Article 28 imposes confidentiality on that advice, which the person concerned may nonetheless inspect. In recent years the Act has been extended to more sectors and to property transactions in which the government is a party.
How it works in practice
The investigation starts with an extensive questionnaire about financing, control structure and the individuals involved. Completeness is essential: failing to complete it, or completing it inaccurately, is itself a ground for refusal. Before an adverse decision is taken, the person concerned may submit a view on the advice. That is the moment to rebut the business relationship relied on or to emphasise the passage of time.
Where it goes wrong
Entrepreneurs complete the form incompletely as to family loans or earlier businesses, which only fuels the investigation. A second error is playing down a business relationship that still exists on paper. Third, the opportunity to submit a view is left unused, after which only objection and appeal remain.
Related terms
The Act connects to the environmental permit, the certificate of good conduct and the principle of proportionality.
Is a Bibob investigation under way? Our administrative law specialists guide the questionnaire and the written view.
