Impact Assessment in France: U.S. Models and French Legal Traditions

Abstract:

Impact assessment (IA) in France highlights the tensions between traditional administrative law and modern trends. The expertise of the bureaucracy and its insulation from politics sought to further republican views of the public interest. In principle, IA could be a modern route to that goal. However, faith in the civil service has eroded, and the state now also faces demands for more openness and public participation. These demands for rulemaking accountability support French traditions if one acknowledges that officials need input from outsiders to further the public welfare-not only technical experts, but also ordinary citizens, businesses, and civil society.