Key Benefits:
The Prime Minister,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to amended Decree No. 82-452 of 28 May 1982 concerning the technical committees of parity;
Having regard to amended Decree No. 82-453 of 28 May 1982 on occupational health and safety, as well as to medical prevention in the public service, including article 40 of the Decree;
Having regard to the amended decision of 21 June 1968 establishing a technical committee with the Director of French Documentation;
Having regard to the decision of 23 June 1983 establishing a technical committee with the Prime Minister;
Having regard to the amended decision of 26 June 1983 establishing a special technical committee with the Director General of Administration and Public Service;
In view of the Order of September 30, 1983 establishing a technical committee with the Commissioner of the Plan;
Having regard to the decision of 30 September 1983 creating a special technical committee with the delegate for land use and regional action;
Having regard to the decision of 20 June 1986 establishing a committee for hygiene and security to assist the ministerial technical committee placed with the Prime Minister;
Having regard to the decision of 3 August 1987 establishing a special parity technical committee for the Government's information service;
Having regard to the amended decision of 14 April 1989 establishing a joint special technical committee to the General Secretariat of the Government and to the management of administrative and financial services;
Having regard to the decision of 21 April 1992 establishing a special parity technical committee at interdepartmental administrative information centres;
In view of the decision of 30 April 1998 to establish a special technical committee for media development,
Stop it!
The purpose of this Order is to determine the terms and conditions of the staff consultations, organized pursuant to Article 11 of Decree No. 82-452 of 28 May 1982 referred to above, in the services under the authority of the Prime Minister.
These consultations concern:
- the Departmental Joint Technical Committee and the Central Committee for Hygiene and Safety to attend the said Committee;
- each of the special technical committees established in the services of the Prime Minister, with the exception of those established within the General Secretariat of National Defence and the interdepartmental delegation to the development and competitiveness of the territories.
The date of these consultations is Thursday, 8 November 2007.
Voters are officers in one of the following situations on the closing date of the electoral lists:
- officials in an activity position and non-responsive agents in the Prime Minister's services;
- personnel from other services or made available to them.
These electoral lists are stopped by the Prime Minister's Director of Administrative and Financial Services and posted on the premises of the services concerned at least twenty days before the date set for the consultation.
Within ten days of this posting, electors can verify registrations on the lists of electors and, where applicable, submit applications for registration. Within the same period and for five days after its expiry, claims may be made against registrations or omissions on the lists of electors.
The Director of Administrative and Financial Services shall promptly determine the claims.
Voting offices and voting sections shall be established under the following conditions:
1° For the Departmental Joint Technical Committee and the Central Hygiene and Safety Committee to attend the said Committee:
- a central voting office with the Director of Administrative and Financial Services;
- voting sections in the following services:
- General direction of public administration and service;
- direction of the French Documentation;
- direction of media development;
- Government information service;
- Paris interdepartmental administrative intelligence centre;
- interdepartmental delegation to the development and competitiveness of the territories;
- Strategic Analysis Centre;
- General Secretariat of National Defence.
2° For each of the special technical committees:
- a central voting office with each director to whom a special parity technical committee was established;
- the voting sections established, as necessary, within the central polling stations mentioned in the 2nd of this article by the relevant directors of service.
The central polling station referred to in 1° of Article 4 above shall be chaired by the Director of Administrative and Financial Services or his representative.
The voting sections referred to in 1° of Article 4 above shall be presided respectively by the director of the service concerned or his representative.
The central polling stations referred to in 2° of Article 4 above shall be chaired by the director to whom the committee or its representative shall be appointed.
The chairs of voting sections referred to in 2° of Article 4 above shall be designated by the directors of service concerned.
Each voting office chair or section designates a secretary.
Each trade union organization authorized to attend the consultation may designate a representative by polling station or voting section.
For the consultation on the Ministerial Technical Committee and the Central Committee for Hygiene and Security, the Central Voting Office, established pursuant to the 1st of Article 4 above, shall conduct the census of all the votes cast by correspondence and in the voting sections and, subject to the provisions of the last paragraph of this Article, the counting of the vote and the proclamation of the results. He writes the minutes of voting.
For consultations on special parity technical committees, the central polling stations established under the 2nd of Article 4 shall collect ballots in the ballot box when they are not collected by voting sections. They shall conduct the census of all votes cast in the ballot box and by correspondence and, subject to the provisions of this article, the counting of the ballot and the proclamation of the results.
The voting sections gather the votes in the ballot box, count the votes cast and transmit them to the polling station to which they are attached.
The census of votes is carried out on the electoral lists.
When the number of voters involved in each election consultation is less than half of the personnel called to participate in this consultation, the vote is not counted and a second ballot is organized.
For each of the consultations concerned by this Order, the trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
If none of these organizations presents or if the number of voters is less than half of the number of personnel called to vote, a second ballot shall be held to which any trade union organization of officials or non-public officials may participate. The date and conditions of voting shall be determined by a ministerial order.
Trade union organizations wishing to participate in the consultations must apply to the Prime Minister (Director of Administrative and Financial Services). Nominations should specify the staff consultation(s) to which the organization presents. Nominations must be filed against receipt or received by registered letter with acknowledgement of receipt by 20 September 2007.
They must mention the name of the officer(s) authorized to represent the organization in the course of the electoral process. They will be accompanied, if any, by professions of faith that will be handed over to the electors.
If a second ballot is required, the nominations will be filed under the same conditions on a date to be fixed later by ministerial order.
The lists of applications, as set out in the terms of this Order, shall be posted within three days of the conclusion of the nominations.
The vote takes place in secret ballot under envelope. It is done freely in the urn or by correspondence depending on the choice of electors.
For officers voting in the urn, electoral operations will be conducted publicly in the workplace and during hours of service.
During the consultation, each elector is invited to indicate the trade union organization by which he intends to be represented in the body concerned by the consultation.
Only envelopes and ballots provided by the administration may be used for the election.
The voting material is transmitted in a timely manner to all electors affected by the poll who are notified of the conditions under which they may vote (at the ballot box or by correspondence).
For agents voting on the urn, the elector must insert his ballot in envelope No. 1 bearing no external sign. It deposits this envelope in the urn and starts its signature on the starting list.
At the end of the poll, the president of each polling division forwards the ballot box, along with the nominative list of stands placed under covert fold, to the president of the central polling station.
This article defines the specific conditions for voting by correspondence. The voting elector inserts his ballot in a first envelope ( envelope 1). This envelope must not bear any external sign.
It then places this envelope no. 1 in a second envelope (known as envelope No. 2), which mentions the date and nature of the ballot, which it hides and on which it clearly appears its name, first names, assignment and signature.
He places this envelope number 2 in a third envelope (known as envelope No. 3) bearing the mention "election", that he hides and addresses to the polling station of which he depends.
Correspondence must be sent by the day of the vote, before the closing time of the vote.
The census and counting of votes shall take place under the following conditions:
(a) Reception of votes by correspondence:
Immediately after the close of the ballot, the president of each central polling station established pursuant to Article 4 above shall conduct the census of votes collected by correspondence.
The envelopes No. 3, and the envelopes No. 2 are opened, the list of electors is started and envelope No. 1 is filed without being opened in the ballot box containing the votes of the agents who voted directly to the ballot box.
On the other hand, are apart without being open:
- the envelopes No. 3 reached after the closing hour of the poll;
- envelopes 2 on which the agent's name and signature are not readable;
- envelopes No. 1 bearing a distinctive mention or sign.
The name of the voters whose envelopes emanate is not set out on the corresponding list.
The envelopes emanating from electors who took part in the vote are also set aside without being opened. In such a case, the vote is not taken into account.
(b) Voting census:
Each central polling station established pursuant to Article 4 above shows the number of votes cast on the list of electors.
(c) Deployment:
Each central polling station established pursuant to Article 4 above shall count all votes.
The votes cast under the following conditions shall be considered null and void:
- ballots not conforming to the model type;
- ballots with overloads or rats;
- multiple bulletins concerning several trade union organizations.
The multiple ballots concerning the same trade union organization are considered validly expressed and as a single vote.
Based on the results of each consultation, a Prime Minister's order determines the representative organizations and the number of seats to which they are entitled.
Each organization shall be assigned a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by the organization.
Without prejudice to the provisions of the sixth paragraph of section 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of electoral transactions shall be brought, within five days of the proclamation of the results, to the Prime Minister (Director of Administrative and Financial Services), and, where applicable, to the administrative jurisdiction.
The Director of Administrative and Financial Services and the directors of the relevant departments are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 27, 2007.
For the Prime Minister and by delegation:
The Secretary-General of the Government,
Serge Lasvignes
