Conseil de la CNAMTS, entre conséquences et inconséquence

Les petites causes engendrant parfois des effets dont on a peine à mesurer l’ampleur, c’est le conseil d’administration de la Caisse Nationale d’Assurance Maladie des Travailleurs Salariés (CNAMTS) qui a récemment été victime d’un séisme juridique et politique.

Par jugement en date du 10 mars dernier, le tribunal administratif de Paris a prononcé l’annulation de l’arrêté du 26 octobre 2004 portant nomination des membres du conseil d’administration.

La Fédération Française des Sociétés d’Assurance (FFSA) récusait dans sa requête la désignation par le ministre de la Santé de l’époque de l’Union Nationale des Syndicats Autonomes (UNSA) comme membre dudit conseil en qualité d’institution intervenant dans le domaine de l’assurance maladie.

A lire la teneur de la décision, le ministre s’est tout simplement « trompé de case », si l’on peut dire schématiquement.

Le gouvernement devrait dans les prochains jours prendre un arrêté rectifiant l’erreur de droit que les magistrats ont décelée dans leur décision, dont appel a bien entendu été interjeté.

Les conséquences de la rétroactivité attachée à l’annulation de l’arrêté de nomination peuvent s’avérer dramatiques. On imagine d’ailleurs mal le juge pousser son raisonnement jusqu’au bout. Il lui arrive parfois, comme nous l’avons déjà vu ((Cf. article sur le feuilleton tarifaire.)), de moduler de façon très audacieuse les effets d’une annulation contentieuse.

Au regard des enjeux, il est au moins permis de l’espérer.

Omar YAHIA

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