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Decree Of 9 August 2007 Laying Down Rules For The General Organisation, The Nature And The Program Of The External Examination Of Administrative Attaché Of The National Office Of Forests

Original Language Title: Arrêté du 9 août 2007 fixant les règles d'organisation générale, la nature et le programme des épreuves du concours externe d'attaché administratif de l'Office national des forêts

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JORF n°199 of 29 August 2007
text No. 18



Judgment of 9 August 2007 setting out the rules of general organization, nature and program of the tests of the external administrative examination of the National Forestry Board

NOR: AGRS0760046A ELI: https://www.legifrance.gouv.fr/eli/arrete/2007/8/9/AGRS0760046A/jo/texte


Minister of Agriculture and Fisheries and Minister of Budget, Public Accounts and Public Service,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
In light of Decree No. 96-766 of 29 August 1996 on the special status of the administrative officers of the National Forestry Board,
Stop:

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The external competition provided for in the 1st of Article 4 of the Decree of 29 August 1996 referred to above for the recruitment of administrative officers of the National Forestry Board is organized in accordance with the terms and conditions set out in this Order.

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The external competition includes three written examinations of eligibility and two oral examinations. These tests are mandatory.

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Written proof of eligibility is as follows:
1° A composition on a general topic relating to the political, economic, cultural and social problems of the contemporary world to verify the candidate's writing, analysis and reflection qualities (duration: four hours); coefficient 4);
2° A test consisting of a series of ten to fifteen short answer questions, covering essential elements of public law, European questions, public finances and the economy (duration: three hours); coefficient 5, of which coefficient 2.5 for public law and European issues and coefficient 2.5 for public finances and the economy);
3° A test bearing, at the choice of the candidate, on one of the following subjects, the choice being made at the time of registration for the contest (duration: three hours); coefficient 3)
(a) Civil law;
(b) Labour law;
(c) Human resources management;
(d) Accounting and financial management of enterprises;
(e) Human, economic and regional geography in France and Europe.
The event consists of a summary note, a practical case or an explanation of documents from a documentary file of up to 25 pages.
The programs of the second and third written proof of eligibility are annexed to this Order.

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The oral examinations for admission are as follows:
1° A conversation with the jury, from time to time, at the choice of the candidate by drawing of lots, either a short text or a subject of reflection, aimed at appreciating the personality and abilities of the candidate (duration: twenty-five minutes, of which ten minutes at the most exposed, preceded by a preparation of twenty-five minutes; coefficient 4);
2° A foreign living language test consisting of an interview from a short text written in one of the following languages: German, English, Spanish, Italian, Russian (duration: fifteen minutes, preceded by a preparation of fifteen minutes; coefficient 1), the candidate's choice being expressed at the time of the examination.

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At the end of the written examinations, the jury lists the candidates allowed to take part in the oral examinations, after the equalization of the scores attributed to the candidates for the various written examinations of eligibility and after equalization of the notes between the different options.
Under the same conditions, after the oral examinations of admission, the jury sets out the list of admissions, after the equalization of the notes given to the candidates for oral examinations.

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No person may be declared eligible or admitted if he or she has not participated in all the tests or if he or she has obtained, in any of the written examinations of eligibility or in any of the oral examinations of admission, a grade of 5 out of 20.

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If several candidates have obtained the same number of points, they are departed as follows when the admission list is established:
- priority is given to the one who obtained the highest grade in the first written test;
- in the event of equality of points at the first written test, the priority is given to the candidate who obtained the best note at the oral conversation with the jury;
- in the event of a new equality, the priority is finally given to the candidate who obtained the best score in the second written test.

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The amended decision of 11 February 1975 setting out the terms and conditions for the recruitment examinations for the administrative officers of the National Forestry Board is repealed.

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The Director General of the National Forestry Board is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex


A N N E X E A
PROGRAMME OF THE SECOND IMPLEMENTATION
I. Public law
1. Constitutional law


General notes on political institutions.
The Constitution, the organization of the State, the various political regimes, sovereignty and its modes of expression.
Current French political institutions; the Constitution of 4 October 1958, the organization of public authorities, the relations between the authorities, the constitutionality bloc, the control of constitutionality of the laws.


2. Administrative and administrative law


A. - The administrative and territorial organisation of France:
1. Legal and territorial frameworks of the administrative organization:
- centralization, deconcentration and decentralization.
2. State administration:
- central administration, national jurisdiction, independent administrative authorities, decentralized services, disconcerned authorities (prefects of region, department, sub-prefects).
3. The decentralized organization of the Republic:
- the legal status of territorial authorities, communities with special or special status;
- the different territorial authorities: municipalities, departments and regions;
- State institutions for intercommunal cooperation.
4. Special public persons:
- public institutions, public interest groups.
B. Administrative and administrative litigation:
1. The principle of separation of administrative and judicial authorities: definition, origins and foundations:
- the role of the conflict court in the functioning of French judicial dualism.
2. Organization of administrative jurisdiction:
- courts of common law: the Council of State, administrative courts of appeal, administrative tribunals;
- special administrative courts (financial courts and other specialized courts).
3. The administrative litigation:
- appeals before the administrative court: appeal for excess of power, litigation of full jurisdiction, new powers of the administrative judge;
- litigation administrative procedure;
- remedies against decisions of administrative courts.
C. - Administrative action and the principle of legality:
1. The sources of administrative law, the hierarchy of norms, the principle of legality and the control of legality.
2. The activities of the administration:
- the administrative police: definition, administrative police authorities, police powers, police measures, distribution of police powers, judicial review of administrative police measures;
- public service activities: definition of the concept of public service, the typology of public services, the broad principles of public service, the modes of public service management.
3. The acts of the administration:
- unilateral administrative acts: regulatory authority, administrative act definition, development procedure (non-contentious administrative procedure: consultation, motivation, transparency), conditions of entry into force, repeal and withdrawal of administrative acts;
- Administration contracts;
- criteria of distinction between administrative contracts and private contracts of the administration; the legal regime of administrative contracts;
- public procurement and public service delegations.
4. The right of administrative responsibility:
- the general principles of public responsibility;
- administrative responsibility for fault, the faultless responsibility of the administration;
- legal administrative liability regimes, the theory of cumulative responsibility.


II. - European issues
1. The main stages of European construction
2. Institutional aspects


The European Union; nature and components of the European Union.
The European Communities; status and competence.
The principle of subsidiarity.
Institutions and financial and advisory bodies; role, organization and operation.
Decision-making processes.


3. Community law


The sources of community law; native community law, complementary community law, derived community law.
Different types of acts.
The principles of articulation between community law and domestic law; hierarchy of standards, principle of primacy, principle of direct applicability, direct effect.
Different types of appeals before community courts.


4. Common policies


Common Agricultural Policy (CAP).
Regional policy: Structural funds and cohesion funds.
Common trade policy.
Economic and monetary policy.
Common Foreign and Security Policy (CFSP).
Social policy.


III. - Public finance


A. - The overall approach to public finances:
(a) The main legal principles:
- hierarchy of legal norms and sources;
- budgetary principles: annuality, unity, speciality, universality, sincerity;
- tax principles: the legality of tax, equality and tax, the need for tax;
- general principles and specificities of public accounting (cash unit, segregation of orders and accountants).
(b) Revenue concepts:
- categories of public revenues;
- mandatory sampling;
- tax expenditures.
(c) Public debt:
- definition, structure, evolution;
- management and funding.
(d) Public finance processes and actors:
- Financial administrations;
- managers, directors and accountants (functions and liability);
- organizations and systems of public financial controls.
(e) Public finances:
- economic impact of mandatory collection, expenditure and public debt;
- the consolidated approach to state finances, local finances and social finances;
- mastery of public expenditure;
- evaluation of public policies;
- governance and transparency of public finances.
B. - State finances:
(a) Financial laws:
- genesis, principles and architecture of the organic law of 1 August 2001;
- categories of financial laws;
- content and structure of financial laws;
- preparation, examination and voting of draft financial laws;
- implementation and amendment of financial laws.

(b) State resources:
- tax resources;
- heritage and diverse resources;
- the management and financing of State debt.
(c) State spending:
- the budget nomenclature by destination and by nature;
- the supplementary budgets and special accounts;
- Scope of budgetary authorization: globalization and "asymmetrical fungibility", commitment authorizations, payment credits, employment ceilings;
- justification of credits and expenses to the first euro;
- presentation of program objectives and results (projects and annual performance reports).
(d) Operational budget management: programme managers, programme operational budgets and operational units:
- performance management: strategy, objectives, indicators;
- the deconcentrated management of credits;
- the execution process.


IV. - Economy
1. Economic Analysis Note


A. - The mechanisms of the economy:
1. The actors of the national economy: households, non-financial societies, financial societies, public administrations;
2. Economic functions:
(a) Operations on goods and services: production, consumption, value added and GDP, investment and its determinants, gross fixed capital formation, foreign trade;
(b) Distribution operations: wages of employees, income, taxes, transfers.
B. Monetary mechanisms:
1. The functions of currency, monetary creation, control of monetary creation, monetary aggregates;
2. The foreign exchange market: the foreign exchange market, the nominal exchange rate, the real exchange rate, the parity of the purchasing power;
3. Monetary and financial markets.


2. Contemporary economic problems


A. - Growth and innovation:
Growth: factors, decreasing yields;
Innovation;
The actors and the role of the State;
Sustainable growth.
B. - Growth, technical progress, employment and unemployment:
Growth-productivity-employment relationship;
The working population; sectors; tertiairization;
The labour market;
Unemployment: definition, measure and types of unemployed.
C. Globalization:
International trade: comparative advantages of traditional analyses to the new theory of imperfect competition (scale economy and differentiation of products);
Free trade and protectionism: trade policy, unfair competition, firm strategy;
The actors: multinationals, States, regional groups and international institutions;
Financial globalization: international transactions, mobility of production factors and intergenerational economies;
The international financial system;
Role of new information and communication technologies (NTIC), institutional investors;
Financial crises and responses (preventive and curative policy);
Underdevelopment: causes analysis, development measurement tools, international development organizations.


3. Contemporary economic policies


A. - Note on economic policy instruments:
Budgetary and fiscal policies;
Employment policy;
Competition policy;
Industrial policy;
Environmental policies.
B. - Major phases of economic policies in France since 1945.
C. - The European Union:
The European construction of the ECSC in the euro zone; enlargements, the place of Europe in the world, the economic policy of Europe.


A N N E X E B
PROGRAMME OF THE THIRD PREVENTION OF ADMISSIBILITY
I. Civil law
1. People


A. - Physical persons:
Civil rights, conditions of enjoyment and deprivation of civil rights;
Name;
Home.
B. - Legal persons:
Nature of the moral personality;
Classification;
Creation and disappearance (societies, unions, associations, foundations);
Consequences of the moral personality.


2. The family


A. Marriage:
Conditions;
The legal effects and consequences of the marital status;
Dissolution.
B. Non-marital unions:
The Civil Solidarity Pact (CAP), conditions, effects, rupture;
Cubinage.
C. - Filiation:
Legitimate filiation, natural filiation, conditions and effects.
Adoptive family:
Plenary adoption, simple adoption, conditions and effects.


3. Disability


A. - Capacity and disability rules.
B. Minors:
Parental authority;
Legal administration and guardianship.
C. - The regimes for the protection of major incompetents.


4. Obligations


A. - Sources of obligations:
The categories of legal acts;
The autonomy of the will.
B. - The contract:
Conditions of training;
Sanctions of training conditions;
Effect of the contract;
Implementing the contract.
C. Legal fact:
Extra-contractual liability.


5. Property


A. The right to property:
Endowed, collective property;
How to acquire the property of furniture and buildings;
Sanctions and evidence of property rights.
B. - Basic real rights:
Usufruct;
Building and emphyteotic lease.


6. Civil procedure


A. - Judicial organization:
1. The court officers.
2. The courts:
Criminal courts;
Civil courts.
B. - remedies:
ordinary remedies;
Extraordinary remedies.


II. - Labour law
1. Sources of labour law


A. International sources:
The International Labour Organization: History and Organization; ILO Conventions and Recommendations on Labour Inspections in the Field of Labour Regulation on Employment;
Community social law: foundations and instruments of this right, its effects in domestic law on labour regulation, social dialogue.
B. - Internal sources:
Origin and development of labour law; sources of this right: law, regulation, collective agreements, usage.


2. The administrative organization


Competent administrations.
Control of the application of labour legislation: inspection of work.


3. Individual labour relations


The various contracts: from the conclusion to the rupture.
Temporary work.
Compensation (salary, participation, interest, shareholding, employee savings).
The settlement of individual labour disputes, the competent courts.


4. Collective labour relations


Trade unions.
The exercise of the right to trade in the company.
Staff representative institutions: the business committee, staff delegates.
Collective bargaining.
The right to express employees.
Settlement of collective labour disputes: conciliation, mediation and arbitration.


5. Labour regulations


Age of admission.
Duration, reduction and adjustment of working time.
Night work.
Weekly stay, holidays, holidays.
Professional equality between men and women.


6. Health, safety and working conditions


The general principles of occupational risk prevention and their application to mechanical, physical, chemical and psychosocial risks.
Notion and regime of occupational accidents and diseases.
The hygiene, safety and working conditions committee.
Health services at work. Social security and its preventive role.


7. Employment and vocational training


A. - Access to employment:
Development and employment support;
Access to youth employment; alternate learning and training;
Access to employment of disabled workers;
The employment of foreign workers.
B. - The labour market:
Organization and operation:
The Public Employment Service: the Department of Labour, Employment and Vocational Training; the National Employment Agency; the National Association for the Professional Training of Adults; unemployment insurance organizations.
C. - Private employment workers:
Compensation for unemployment;
Help back to work.
D. - Companies in difficulty:
Prevention and support of economic dismissals;
Interventions of the National Employment Fund;
Disposal and recovery devices for companies in difficulty.
E. - Vocational training throughout life:
Corporate obligations;
The rights of employees;
The vocational training system, organization and funding.


III. - Human resources management
1. General information


Human resources management history and objectives.
Strategic challenges in human resources management; efficiency, staff mobilization, adaptation to changes.
Human resources management tools (legal data).
Human resources management indicators (social backgrounds, audits, projective information...).
Computerization inputs.
Management and the role of managers in human resources management.


2. Human resources management instruments in the company


Forecast management of staffing, employment and skills.
Recruitment.
Personnel Management Evaluation Tools: Individual and Collective Evaluation.
Vocational training, training needs assessment, action programs.
Compensation for staff and pay policies in the company.
Participatory management.
Starts quality, business projects.


3. Specificities of staff management in public administrations


Statutory construction.
Forecast management of staffing, employment and skills. Recruitment, mobility in public administrations.
Staff assessment: individual evaluation maintenance and rating.
Personnel training: initial training and lifelong training, training plans.
Compensation for staff and pay policies.
Parity bodies.
Quality start, service projects.


IV. - Accounting and financial management
1. Core accounting concepts


Accounting language: translation of economic and legal facts into accounting language, the set of accounts.
Accounting classification: accounting plans, new accounting plan 1999.
Inventory operations and preparation of summary documents:
- the result account;
- the balance sheet;
- the funding table and study of the schedule;
- accounting principles: consolidated accounting statements.


2. Core accounting concepts


Product analysis: full cost, direct costing, standard cost.
Analysis by responsibility centre, cost centre and profit centre.
Analysis of business profitability.


3. Financial management elements


A. - Financial analysis, financial diagnostics and analytical instruments:
The functional balance sheet, working capital and working capital;
Financing of the company's production activities;
Working capital requirements;
Self-financing;
Methods of construction of the funding table;
Results analysis (value added, gross operating surplus).
B. Financial management:
Cash management, bank conditions;
Debt, distribution policy;
Growth Strategy: Investment and Funding, Balanced Growth Strategy.
C. Financial decision:
Theory of the decision;
Financial decision models;
Risk;
Diversification and portfolio theory;
Choice of financial structure and capital cost.


4. Management control elements


A. - Budgetary oversight:
Medium-term budgets and plans, dashboards;
Differential analysis, surplus, deviations.
B. - Management control:
Control of manufacturing, services, sales, stocks.


V. - Human, economic and regional geography in France and Europe
1. Population distribution


(a) Demography, socio-economic and cultural factors of fertility and birth, changes in mortality.
(b) Population, migration, rural and urban populations, distribution of population and social growth.


2. Space organization


(a) Urban cities and towns, sectoral and territorial activities, the social and human consequences of recent urban, metropolitan and mega-politan growth.
(b) Regional, identity, territory, centre/periphery, urban networks and systems.
(c) Space problems and regional land development.


3. Economic activities


(a) Agriculture and livestock, external exchanges and sectoral activities, localization of energy and major resources.
(b) Transport, tourism and regional development.
(c) Internationalization of trade and new information and communication technologies (NTIC).


4. Land-use and sustainable development policies


(a) Human activities (erosion, deforestation, pollution, hydraulic system...) and regional identity.
(b) Identification and management of natural hazards.
(c) Policies to enhance natural and built heritage and sustainable development.


Done in Paris, 9 August 2007.


Minister of Agriculture and Fisheries,

For the Minister and by delegation:

The Chief of Service

human resources,

P. Margot-Rougerie

Minister of Budget, Public Accounts

and the Public Service,

For the Minister and by delegation:

Director General of Administration

and the Public Service,

P. Peny




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