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Legal Foundations

The implementation of a programme for the management of records and administration of archives takes place in accordance with the relevant legislative and statutory texts. Both public ministeries and bodies are required, then, to comply with the following texts :


  • Act n° 88-95, 2 August 1988 relating to archives : Articles 7 and 8 deal with the compulsory character of the implementation and the up-dating of a records management programme within public administrations in coordination with the National Archives.
  • Decree n° 88-1981, 13 December 1988 fixing the conditions and procedures relating to current and semi-current records management, appraisal, disposal, transfer and the communication of public records : Article 3 of this Decree provides for the identification of the different components of this programme.
  • Decree n° 93-1451, 5 July 1993 relating to liability in the field of management and preservation of administrative records : this Decree fixes the different roles of the intervening parties.
  • Decree n° 96-49, 16 January 1996 : point 14 of this Decree deals with the integration of the records management programme as part of the up-dating plan.
  • Prime Minister’s Circular n°8, 9 February 1996 : this provides for the different elements making up the public records management programme as an integral part of the plan for the administration’s rehabilitation.
  • Decree n° 97-389, 21 February 1997, relating to the organisation and functioning of National Archives.
  • Decree n° 98-2548, 28 December 1998 amending Decree n° 88-1981, 13 December 1988.
  • Prime Minister’s Circular n° 23, 18 April 2001 fixing the measures adopted in transfer, disposal and removal of records.

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