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Le recours à l’expertise en finances publiques

Abstract : Sometimes seen as a unusual tool in the legal field, expertise in public finance is only used in some specific situations. It refers to the skills of someone who has been requested by a legally competent authority to make a financial decision. The expert's own specific knowledge takes the form of an assessment which aims at bringing forward all the elements necessary for informed decision making. The Government is thus able to draw on this expertise in order to anticipate and adapt to the financial risk. By becoming even more tangible since the financial crisis and the eurozone's debt, the latter threatens these sovereign authorities not only because their own funding depends on the external environment, but also owing to the constraints induced by the fact that they are tied to their eurozone membership. The use of expertise can therefore be seen as a effective way for the State to ward off and prevent risks as it can adjust its action according to the expert's recommendations. Whatever form it takes, the financial risk is the operative event and the main focus justifying the use of expertise. The resort to an expert and the form this service takes subsequently depends on one's perception of the risk. Based on two contemporary definitions of the financial risk, i.e. sustainability and transparency of public finances, the expertise is not a single marginal element, but rather a real structural movement that informs and guides the financial decision. It will prove particularly adaptative, varying its many levels of action and the techniques employed. The use of expertise, and the follow-up that it ensures, is not without consequences on the structure of the institution itself. Having become essential to the institutional balance, the expertise even more deeply influences the institutional structure by becoming a real normative technique with a properly measured impact.
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Submitted on : Thursday, March 29, 2018 - 1:43:52 PM
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  • HAL Id : tel-01752375, version 1


Jérôme Charpentier. Le recours à l’expertise en finances publiques. Droit. Université de Lorraine, 2016. Français. ⟨NNT : 2016LORR0157⟩. ⟨tel-01752375⟩



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