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Decree Of 15 March 2002 On The Establishment Of Joint Consultative Committees, Departmental And Local Competent Staff In Function In Cultural Establishments And Services And Research Under The Ministry Of The Business...

Original Language Title: Arrêté du 15 mars 2002 portant création de commissions consultatives paritaires ministérielles et locales compétentes pour les personnels en fonction dans les services et établissements culturels et de recherche relevant du ministère des affai...

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Text information

Summary

Repeal of the modified 01-07-1983 Order.

Keywords

FOREIGN AFFAIRS, STATE PUBLIC SERVICE, STAFF, CULTURAL AND RESEARCH ESTABLISHMENT, CIVILIAN STAFF, SCIENTIFIC AND TECHNICAL CULTURAL COOPERATION, ETRANGER, COMMITTEE MINISTERIELLE PARITY ADVISORY, CCPM, LOCAL JOINT ADVISORY COMMITTEE, CCPL, CREATION , ROLE, COMPETENCE, MEMBERSHIP, TENURE



JORF No. 84 of April 10, 2002 page 6327
text # 40



Decree of 15 March 2002 establishing the relevant ministerial and local joint advisory committees for the In the field of cultural and research services and establishments within the Ministry of Foreign Affairs and for civilian personnel of cultural, scientific and technical cooperation with foreign states

NOR: MAEA0220074A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/3/15/MAEA0220074A/jo/texte


The Minister of Economy, Finance and Industry, the Minister of National Education, the Minister for Foreign Affairs, and the Minister for Public Service and State Reform,
In the light of Law No. 72-659 of 13 July 1972 on the situation of civil personnel for cultural, scientific and technical cooperation with foreign states;
In the light of Law No. 83-634 of 13 July 1983 amended on the rights and obligations of civil servants, together with the law N ° 84-16 of 11 January 1984 as amended laying down statutory provisions relating to the public service of the State;
In view of Act No. 2000-321 of 12 April 2000, in particular Article 34 thereof, on the rights of citizens in their relations with Authorities;
In the light of Decree No. 76-832 of 24 August 1976 on the financial organization of certain cultural and educational institutions or organizations dependent on the Ministry of Foreign Affairs and the Ministry of Foreign Affairs Cooperation, as amended by Decree No. 93-1014 of 17 August 1993;
Having regard to Decree No. 79-433 of 1 June 1979 concerning the powers of ambassadors and the organisation of the services of the State abroad;
Having regard to Decree No. 85-986 of 16 September 1985 Changes relating to the special regime of certain positions of officials of the State and certain arrangements for permanent termination of functions,
Stop:

  • Chapter I: General provisions Article 1


    It is established in the Ministry of Foreign Affairs four ministerial joint advisory committees and commissions Competent local joint consultants for individual matters of interest to personnel in the field of cultural and research services and facilities under the Ministry of Foreign Affairs and civilian personnel Cultural, scientific and technical cooperation with foreign states.

    Article 2


    The staff referred to in Article 1 Above include:
    a) Staff seconded to the Minister for Foreign Affairs, under the provisions of Article 14 of the Decree of 16 September 1985, with the exception of those provided for in paragraphs 6 ° and 7 °, and placed on contracts French public law;
    (b) Staff recruited from contracts of French public law;
    (c) Staff seconded to the Minister for Foreign Affairs under paragraphs 6 ° and 7 ° of Article 14 of the Decree of 16 September 1985 Above and placed, by the services of the State abroad, on employment contracts subject to local law;
    d) Staff recruited locally by the State services abroad on employment contracts subject to local law.

    Article 3


    Staff mentioned in Articles 1 and 2 of this Order must have been recruited:
    a) Either to practice in the The service of cultural cooperation and action, the cultural service, the scientific service or the medico-social centre of a diplomatic mission or consular post;
    (b) either to exercise in a cultural or research institution or a research institution Cultural dissemination agency abroad;
    (c) Either:
    1 ° To carry out a cooperation mission within the meaning of the law of 13 July 1972 referred to above;
    2 ° To fulfil or participate in an educational mission or mission of interest Public abroad;
    3 ° To carry out a mission to the academic and cultural office for Algeria created by Order No. 62-952 of August 11, 1962.

    Article 4


    The ministerial and local joint advisory committees exercise their powers on the staff referred to in Articles 2 and 3 under the following conditions:
    I. - The first ministerial joint advisory committee shall have competence for the staff referred to in Article 2 (a) and (b) above and recruited under Article 3 (a) above;
    II. -The second ministerial joint advisory committee shall have competence for the staff referred to in subparagraphs (a), (b) and (c) of Article 2 above and recruited under Article 3 (b) above;
    III. -The third ministerial joint advisory committee shall have competence for the staff referred to in Article 2 (a) and (b) above and recruited under Article 3 (c) above;
    IV. -The Fourth Ministerial Joint Consultative Commission shall have competence for the staff referred to in Article 2 (c) above and recruited under Article 3 (c) above;
    V.-Advisory Commissions Local forwarders are competent for all the staff listed in subparagraphs (a), (b), (c) and (d) above and recruited under Article 3 (b) and (c) above

  • Chapter II: Ministerial joint advisory committees Article 5


    Departmental joint advisory committees are placed To the Minister for Foreign Affairs. They are created by order of the Minister for Foreign Affairs.

    Article 6


    Joint Advisory Commissions Ministerial are seized of a request for an opinion on:
    -the assignment abroad of the staff carrying out the duties of a cooperation officer for French, an educational cooperation attaché, a university attaché, a mission officer Education, accounting officer, cooperant or technical assistant, with the exception of government advisers;
    -the end of an early mission, for a serious breach of the duties of their office, of the staff referred to in paragraph Previous;
    -requests for revision of administrative notation of French public law contractors recruited by the Ministry of Foreign Affairs.
    They may be consulted by the Minister on any other matter On the exercise of its own power of management of the personnel concerned, in accordance with the sovereignty of foreign States.

    Article 7


    Each ministerial joint advisory committee shall comprise five representatives holding the administration, including the chairman of the committee and an equal number of substitutes, five representatives holding the Staff and an equal number of alternates. The alternate members may attend the meetings of the committee without being able to take part in the proceedings. They shall vote only in the absence of the right holders to replace them.

    Article 8


    Representatives of The incumbent and alternate administration of the ministerial joint advisory committees shall be appointed by order of the Minister for Foreign Affairs.

    Article 9


    Representatives of the incumbent and alternate staff members of the ministerial joint advisory committees are appointed by order of the Minister for Foreign Affairs on the basis of The terms and conditions set out in Article 20 below.

    Article 10


    Each ministerial joint advisory committee shall be chaired By the Deputy Director of Personnel for Co-operation and Cultural Action or, in the event of incapacity, by his or her alternate.
    At least three-quarters of the members of the Committee shall be present at the opening of the meeting. When that quorum is not reached, a new convocation shall be sent, within 15 days, to the members of the committee, who shall then be validly elected if half of its members are present
    Representative of the administration who may not be a member of the committee.
    A staff representative is appointed by the committee to act as assistant secretary.
    A record is drawn up after each Session. It is signed by the President and countersigned by the Assistant Secretary and forwarded within one month to the members of the Commission.

    Article 11


    Each commission meets on convocation by its chairperson, on its initiative, or, within a maximum of two months, at the written request of the majority of the representatives holding the staff, and at least once a year.

  • Chapter III: Provisions for Local Joint Consultative Commissions Article 12


    When the Total of the staff referred to in Articles 2 and 3 above reaches or exceeds at local level a complement of ten officers, it shall be established, with the head of the diplomatic mission concerned, by order of the Minister for Foreign Affairs, one or, if The size of the workforce justifies it, a number of local joint advisory committees responsible for such personnel.

    Article 13


    Local joint advisory committees are consulted on matters of an individual nature falling within the competence of the head of the diplomatic mission to which they are placed, in accordance with the sovereignty of the Foreign States.
    There is a request for an opinion on:
    1 ° Recruitment and termination of contract signed by locally recruited staff in cultural and research institutions;
    2 ° Requests for review Administrative notation of contract staff recruited locally under Article 3 (b) and (c) above, in the event of a failure of the graceful review procedure;
    3 ° Serious breaches of the obligations of their function For the personnel referred to in article 2 (c) and (d) above and recruited under article 3, subparagraphs (b) and (c), above.

    Article 14


    Each local joint advisory committee includes:
    -between two or five representatives holding the administration, including the chairman of the commission and an equal number of substitutes;
    -between two and five Representatives of the staff and an equal number of substitutes.
    The alternate members may attend the meetings of the committee without being able to participate in the debates. They shall vote only in the absence of the right holders to replace them.

    Article 15


    Representatives of The incumbent and alternate administration of the local joint advisory committees shall be appointed by decision of the head of the diplomatic mission concerned.

    Article 16


    Representatives of the incumbent and alternate staff members of the local joint advisory committees shall be appointed by decision of the head of the diplomatic mission concerned, In accordance with the procedures laid down in Article 20 below.

    Article 17


    Each local joint advisory committee shall be chaired by The head of the diplomatic mission or his or her representative.
    At least three-quarters of the members of the committee shall be present at the opening of the meeting. When that quorum is not reached, a new convocation shall be sent, within 15 days, to the members of the committee, who shall then be validly elected if half of its members are present
    Representative of the administration who may not be a member of the committee.
    A staff representative is appointed by the committee to act as assistant secretary.
    A record is drawn up after each Session. It is signed by the President and countersigned by the Deputy Secretary and forwarded within one month to the members of the committee. This period may, in the case of a service requirement, be shortened.

    Article 18


    The committee meets upon convocation by its President, on his own initiative or, within a maximum of one month, at the written request of the majority of the representatives holding the staff, and at least once a year

  • Chapter IV: Common provisions Article 19


    Members of the ministerial and local joint advisory committees are appointed for a period of three years.

    Article 20


    The seats of the representatives of the incumbent and alternate staff in the joint advisory committees Ministerial and local organisations are allocated to trade union and professional organisations according to the results obtained by each of these organisations during an election consultation organised by the Ministry of Foreign Affairs. The distribution of seats is proportional to the distribution of the remains to the highest average.
    The terms of this election consultation are fixed by the Minister for Foreign Affairs.

    Article 21


    Representatives of the incumbent and alternate administration, in the course of the above three-year period, to cease the duties Appointed shall be replaced in accordance with the conditions laid down in Articles 8 and 15 of this Order.
    The replacement of representatives of staff, holders and substitutes shall be carried out under the same conditions as the appointment Members as defined in Articles 9 and 16 of this Order.
    The term of office of alternates shall expire in this case upon the renewal of the Joint Consultative Commission.

    Article 22


    Members of the Joint Advisory Commissions do not receive any compensation as a result of their duties in these commissions. The coveted members are, however, compensated for their accommodation and travel expenses on the French territory in respect of the members of the ministerial commissions, or on the territory of the countries of residence in respect of the Local commissions, under the conditions laid down in the regulations in force.

    Article 23


    The President may call Experts at the request of the administration or at the request of the staff representatives to be heard on a point on the agenda.
    Experts may only attend the part of the debate, excluding the vote, relating to Questions for which their presence is requested.

    Article 24


    The Commission shall deliver its opinion to the majority of the members present. If a vote is taken, it shall be held by a show of hands. Abstentions are allowed. However, at the request of one of the members holding the committee, the vote shall be held by secret ballot.
    In the event of a tie, the opinion shall be deemed to have been given or the proposal formulated.

    Article 25


    Meetings of the Joint Advisory Commissions are not public.

    Article 26


    A leave of absence is granted to staff representatives to allow them to participate in the meetings of the Commission on the simple presentation of their convocation. The duration of this authorisation shall be calculated taking into account the time limits, the foreseeable duration of the meeting, and increased time equal to that duration in order to enable the persons concerned to ensure the preparation and reporting of the The
    of the committee and the experts shall be subject to the obligation of professional secrecy with regard to all the facts and documents which they have been aware of in this capacity.

    Article 27


    When the Commission is called upon to rule on a breach of the duties of the office or on dismissal, it Ensures that the official concerned has been made aware of his case before the meeting, that he has been informed of the possibility of being heard by the committee, of being assisted or represented by one or more defenders of His or her choice and to request the hearing of witnesses.
    Even if the person concerned has not used the opportunities available to him or has not referred to the invitation to appear before the panel, the panel shall sit Validly.

    Item 28


    This Order repeals the Orders of June 15, 2001, Repeal as of July 1, 2002 Respectively of the Order of 1 July 1983 establishing the establishment of joint advisory committees and the decree of 14 February 1984 establishing joint ministerial committees.

    Article 29


    Repealed from the date of entry into force of this Order:
    -Order of July 1, 1983 setting up advisory committees Forwarders;
    -the Order of 14 February 1984 establishing joint ministerial advisory committees.

    Article 30


    As a transitional period, the terms of office of members of each commission in exercise on the date of entry into force of this Order shall be extended until the new commissions resulting from this Order are in place.

    Article 31


    The Director General of the Administration of the Ministry of Foreign Affairs is responsible for the execution of this Order, which will be published in the Journal Official of the French Republic


Done at Paris, March 15, 2002.


The Minister of Foreign Affairs,

For the Minister and by delegation:

The Director General of Administration,

P. Zeller

The Minister of the Economy,

Finance and Industry,

For the Minister and delegation:

The Director of Personnel,

Modernization and Administration,

M.-L. Pitois-Pujade

The Minister of National Education,

For the Minister and by delegation:

By preventing the Director

from financial affairs:

The Deputy Director,

C. Gaudy

The Minister of the Public Service

and state reform,

For the minister and delegation:

By preventing the Director General

from administration and the public service:

The Director,

F.
Mion


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