The CGLPL also requested the opinion of the ARCEP (autorité de régulation des communications électroniques et des postes) [independent government agency with specific regulatory powers in charge of regulating telecommunications in France] with regard to this point. Although the ARCEP confirmed that the current architecture of telephone facilities within prisons makes separation of the message and the conversation difficult in itself, the cost of playing this message cannot be charged to the end user. Indeed, it is here a question “of a mission of public security conducted in the general interest and unrelated to the operation of electronic communication networks, the cost of obligations of this kind should not, in principle, be payable by the operators and, consequently, passed on to the end user” but “should be subject to financial compensation and by the State, in accordance with constitutional requirements 32 and the provisions of articles L 33-1, I e) and L 35-6 of the Postal and Electronic Communications Code (code des postes et des communications électroniques)”. Since the public service delegation contract of which SAGI has the benefit comes to an end on 30th June 2015, the CGLPL has once again referred this question to the prisons administration department in order to ensure that these elements, concerning both the cost of telephone communications and the charging of the pre-recorded message, may be taken into account within the framework of the new contract. Moreover, the CGLPL would look into taking the services provided by Internet operators into account, which would make possible a real reduction in the cost of telephone calls, and international calls in particular. The CGLPL will therefore pay close attention to the terms and conditions set out within the framework of the new contract. 4.2.2 Impossibility of undertaking freelance work within the framework of selfemployment33 Article 718 of the Code of Criminal Procedure provides that “prisoners may work on a selfemployed basis with the authorisation of the head of the institution”, which includes in particular the right to work under the self-employment scheme defined under Act no. 2008-776 of 4th August 2008 (auto-entreprise) 34. However, the current system of social security affiliation for prisoners has proven to be incompatible with this scheme. Indeed, article 381-30 of the Social Security Code (Code de la sécurité sociale) provides that “prisoners are compulsorily affiliated to the health and maternity insurance schemes of the general social security system as of the date of their imprisonment”, without making provision for any exceptions thereto, whereas “auto-entrepreneur” status presupposes affiliation to the social insurance system for the self-employed (régime social des indépendants). The CGLPL therefore sent a recommendation to Minister of Health and Social Affairs in favour of an amendment of articles L 381-30 and L 381-31 of the Social Security Code in order to enable prisoners to work outside of prison on a self-employed basis. 32 Ruling no. 2000-441 DC 28th December 2000 All occupations not coming under the general national social security system 34 The case was referred to the CGLPL of a person wishing to work under the auto-entreprise self-employment scheme, however, any other status not coming under the general national social security system would come up against the same difficulties. 33 38