Proposed law no. 2208 was registered with the President of the National Assembly on December 9, 2025, and draws on the work of the "Internal Investigations" committee of the think tank Le Club des Juristes, including the report "Promoting Internal Investigations in France: A Lever for Competitiveness and Judicial Sovereignty," published in June 2025, as well as on the work undertaken by Member of Parliament Olivier Marleix.

It was introduced by Christelle Minard, a member of the Les Républicains party.

The objective is to address the lack of a unified legal framework and to combat legal uncertainty, both for companies that conduct these investigations and for employees who participate in or are involved in them.

The explanatory memorandum also invokes the need to equip French companies—particularly those in strategic sectors such as defense, energy, and infrastructure—with the legal tools to protect themselves against external influences. Indeed, it is argued that the development and regulation of internal investigations would secure sensitive information while simultaneously affirming the State's legal sovereignty.

The bill thus aims to enshrine the fundamental principles governing the conduct of internal investigations: legal definition, respect for the rights of those involved, minimum procedural safeguards, the role of lawyers, confidentiality, and coordination with legal proceedings.

Under labor law, employers have considerable freedom regarding internal investigations.

This must change, as internal investigations are often used against employees and to protect sometimes questionable management practices. A codification of internal investigations, incorporating case law, is welcome.

I) Proposition de loi n°2208 to establish a legislative framework for internal investigations.

A. Presentation of the articles of the proposal.

Article 1 aims to introduce a legal definition of internal investigation into Article L4121-6 of the French Labor Code, in Part Four of the Code concerning employers' obligations regarding occupational health and safety, in order to provide a normative basis.

The proposed definition defines internal investigation as: “An internal investigation refers to a formal process conducted within a private or public organization, aimed at verifying whether alleged facts or suspicions of violations of laws or the organization's internal rules are substantiated.”

“The internal investigation must take into account the evidence relating to individuals, both incriminating and exculpatory, while respecting their rights and implementing means proportionate to the objective set.”

“The internal investigation promotes the integrity of the private or public organization. It contributes to ensuring its compliance with laws and regulations, and to improving its governance while protecting its reputation and its members.”

Article 2 aims to prevent the privatization of judicial investigations by legally regulating the use of internal investigations when they occur within the context of ongoing criminal proceedings.

Thus, a new section entitled "On Internal Investigations" would be inserted into the Code of Criminal Procedure, with the objective of strengthening the rights of individuals when they are questioned as part of an internal investigation conducted concurrently with judicial proceedings.

Article 706-183 defines the scope of application; the safeguards provided for in this section apply only when a legal entity is implicated in one or more offenses and conducts an internal investigation into the same facts.

Article 706-184 establishes the procedural rights of those being questioned (prior notification, the right to terminate the questioning, assistance from a lawyer or interpreter, and information regarding the maximum duration). Article 706-185: governs the formalization of hearings: a report must be drawn up and signed by the person interviewed, who may attach their written observations;

Article 706-186: requires informing suspects of the closure of the internal investigation, in order to protect their rights and avoid situations of prolonged suspicion.

Article 3 introduces a new article into the Code of Criminal Procedure, intended to protect attorney-client privilege in the context of internal investigations.

Finally, Article 4 establishes a financial guarantee.

B) Analysis of the proposed law.

This proposed law should be approved, in a context where many employees are victims of harassment or discrimination each year.

It is important to emphasize the importance of protecting attorney-client privilege in the context of internal investigations.

However, the inclusion of the definition of an internal investigation in the section on health and safety of the Labor Code may have the effect of reducing its scope. This definition should therefore be placed in a cross-cutting chapter.

Furthermore, it would be necessary for Article 2 to explicitly invoke the right to silence, an essential principle found in particular in Article 9 of the Declaration of the Rights of Man and of the Citizen of 1789.

In its decision of September 19, 2025, the Constitutional Council affirmed that a dismissal or disciplinary sanction is not a sanction of a punitive nature within the meaning of Article 9 of the Declaration of 1789. An employee does not need to be informed of their right to remain silent during a dismissal interview or disciplinary proceedings.

Moreover, the text of Article L4121-6 of the Labor Code, as presented in the proposed law, could be amended to allow the person being questioned to be assisted by a lawyer.

Finally, the aforementioned Article L. 4121-6 of the Labour Code could usefully incorporate the case law on internal investigations (see II below).

To read all the article, please click on the link below

https://www.village-justice.com/articles/enquetes-internes-proposition-loi-2208-decembre-2025-visant-donner-cadre,55868.html

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

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.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24

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Bibliographie :

I- Proposition de loi n°2208 visant à donner un cadre législatif aux enquêtes internes :

  • Proposition de loi n°2208 : Proposition de loi, n° 2208 - 17e législature - Assemblée nationale.
  • Promouvoir les enquêtes internes en France, Groupe de travail présidé par Dominique PERBEN, Le club des juristes.

II- Rappel de la jurisprudence sur les enquêtes internes :