Freedom of expression of civil servants is also limited when they are outside the workplace.
When civil servants are not on duty, the principle is that their freedom of expression is guaranteed. This means that they may join any political movement or association, go on strike, stand as candidate for elections, write articles, books, share information on social media etc.
However, this freedom of expression is limited by their duty of reserve (devoir de reserve).
Duty of reserve
This duty, originating in case law, requires civil servants to show moderation in the way they express their personal opinions publicly, even when they are not in the workplace. It applies only to expressions made in a public context, which means that ideas expressed in the private sphere such as in a family gathering cannot be sanctioned.
This duty of reserve means that civil servants should avoid any outrageous expressions or inaccurate criticism likely to undermine the authority of their service. It applies not only to comments on the functioning of the civil servant’s department or administration in general, but also to political, religious or philosophical issues, and more generally to all debates in society.
example A civil servant can be dismissed for having published an article in which he expressed himself in a highly polemical manner about various French personalities and foreign states on a controversial topic.
This duty of reserve is applied more or less severely depending on several criteria:
- the civil servant’s position in the hierarchy (senior civil servants are judged more harshly)
- the circumstances in which the employee expressed himself (expressions made in the context of a trade union will be judged less harshly)
- the publicity given to the comments
- the forms of expression (whether the agent used abusive or outrageous language)
Some specific civil servants are subject to a more severe duty of reserve, such as the military staff whose duty of reserve is enshrined in law.
example A military officer breached his duty of reserve by publishing an article on the internet criticising the French foreign and defence policy in outrageous and disrespectful terms, under a pseudonym but stating that he was a former student of a military school.
Sanctions
In the event of an alleged breach of his/her obligations, disciplinary proceedings may be initiated against the civil servant concerned. These proceedings may result in a decision imposing a disciplinary sanction. During this procedure the civil servant has the right to access his personal file and to have the assistance of a lawyer of his or her choice.
Different sanctions can be imposed on the civil servant who breached his obligations. These can be a warning, an exclusion of varying length, measures affecting career progression, compulsory retirement or dismissal.