legally, can a civil servant disobey?

These National Education executives will refuse to obey if the National Rally comes to power. They are notably heads of establishments or inspectors, and they signed a petition on Change.org to affirm that they will disobey their future minister if he comes from a far-right government. But legally, does a public official have the right to disobey?

It must first be clarified that a civil servant is subject to what is called the obligation of hierarchical obedience, that is to say that he must apply the orders of his superiors and submit to their control. This is what Article L121-10 of the General Civil Service Code specifies. But this same article also provides for an exception: a civil servant may disobey “in the event that the order given is manifestly illegal and likely to seriously compromise a public interest.” The service-public.fr site gives the example of an order which aims to grant or refuse a service for a discriminatory, racist, sexist, homophobic reason, etc.

In the petition, the signatories explain that they will refuse to apply “measures which would contravene the values ​​of the Republic”. The text is therefore subject to interpretation: in the event of a dispute, it is an administrative judge who will have to decide. If it decides that the order which the official disobeyed was neither illegal nor “of a nature to seriously compromise a public interest”, disobeying is considered professional misconduct on the part of the agent. He risks salary deduction and disciplinary sanctions: being demoted to the lower level for example, or even being dismissed from the civil service.

A civil servant also has the duty of confidentiality, that is to say, he has the obligation to show restraint when he expresses his personal opinions, whether in writing or orally. Please note, this does not mean that a civil servant does not have the right to express their opinions at all, but they must be careful about how they express them.

Here again, it is subject to interpretation and in the event of a dispute, it is an administrative judge who will have to decide. The court will arbitrate more or less harshly according to several criteria: for example, the more senior a civil servant is, the more restraint he must show when expressing his opinions. Conversely, a union official will have more freedom of expression.