Machine Translation of "Decree No. 2002 - 1274 16 October 2002 Supplementing The Decree No. 84-38 Of 18 January 1984 Laying Down The List Of Pub..." (France)

Decree No. 2002 - 1274 16 October 2002 Supplementing The Decree No. 84-38 Of 18 January 1984 Laying Down The List Of Public Institutions Of The State Administrative Nature Referred To 2 ° Of Article 3 Of Act No. 84-16 Of 11 January 1984

Original Language Title: Décret n° 2002-1274 du 16 octobre 2002 complétant le décret n° 84-38 du 18 janvier 1984 fixant la liste des établissements publics de l'Etat à caractère administratif prévue au 2° de l'article 3 de la loi n° 84-16 du 11 janvier 1984

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Summary

The list annexed to the above-mentioned decree is supplemented. The conservatory of the coastal area and the lake shores is an administrative public institution created in 1975 to conduct a land policy for the protection of the natural areas of the sea and lake shores. It is a light agency, based on a team of about 100 people across France. Of this total, there are only 53 budgetary positions, the other staff being very diverse statutes and origins (state and territorial officials made available, youth jobs, employees of associations made available, employment-solidarity contracts). The registration of the conservatory on the list of establishments that may recruit contractual personnel for their category A positions is a constant demand expressed unanimously by the staff concerned for more than four years. She seemed to Louis Le Pensec, following her mission, to be a priority measure for the establishment. It is explained by a number of factors. If each of them may not be sufficient to motivate this measure alone, their combination and combination fully justify it. These factors include: The functions of regional delegates and mission managers of regional delegations involve a combination of very diverse experiences and competencies, much of which fall within the private and competitive sector. In this regard, it can be noted that organizations with the most comparable activity to that of the coastal conservatory, the SAFERs, rely on private law personnel. The normal and desirable duration of the posts of his staff is around ten years. This duration is explained by the specificities of the intervention of the conservatory, which acts in time, based on conviction and trust relations. A private owner does not sell his land anonymously its sale is the product of a slow and patient relationship with an interlocutor who could gradually gain his confidence. The conservatory intervenes in a field (ownership and preservation of the landscape) where the human factor and the time factor play a considerable role. The same reasoning applies to relationships with land managers. However, this ten-year period is very much higher than the average detachment period of government officials from large state bodies, such as the duration of contract recruitment (2 x 3 years) in a normal regime. The skills required for the performance of the functions of a regional delegate or mission officer are partly covered by the competencies of public bodies involved in the areas of development and the environment, both at the national and local levels. However, it turns out that the contractors still represent the vast majority of these employees, the Ministry of the Environment and its dismemberments, such as the DATAR, who used contractual personnel during their first years. While efforts are being made to gradually resorb this contractual personnel, it is a fact that for years again, the "live" of candidates for this type of function will remain constituted in very large part of contractual personnel. The numerous hearings conducted by Louis Le Pensec as part of the mission entrusted to him by the Prime Minister confirmed that the conservatory was not quite assimilated to the State and that it was one of the reasons for the quality of its partnership with local authorities and the effectiveness of its action. It is undeniable that this is partly due to the diversity of recruitment and profile of its regional and mission delegates and the limited number of staff among them. Even if the numbers of the coastal conservatory, notoriously inadequate, should be called to increase in the future, they will never reach the critical mass sufficient to justify the creation of real "wire" of clean recruitment, and opportunities for large bodies and technical staff. If the case of regional delegates and their deputy is taken as an example, i.e. a current total of about 20 positions, and on the basis of an average 10-year term of office, it is on average two posts that would be vacant per year, assuming that none of these positions are filled by internal mobility. This weakness plays so much with respect to recruitment itself that with regard to job training efforts: it seems very costly to put in place real job training for one or two positions per year. This obstacle plays all the more as the chances of category bodies A for the environment seems too weak at the present time so that this perspective offers a short and medium-term solution. The likelihood of career career careers at the conservatory will continue to be a function of individual choices and meetings and all random events, which is an important fragility factor for the institution. In this regard, it should be added that these perspectives do not apply to Category A + personnel, which are assigned to a number of positions at the conservatory. The titularization measures, announced regularly for several years, have not taken place. If they intervene, it is likely that they would not be accepted by the staff concerned, given the deterioration of their conditions of pay and advancement that would result. In addition, let us recall that these measures exclude category A + personnel. However, the sense of precariousness of staff with a fixed-term contract is a major component of the climate and social dialogue within the institution. Also, the staff of the relevant conservatory are in favour of this derogation and have officially informed it on several occasions. This request is strongly re-expressed at present, in a context marked by a great difficulty in recruiting public officials on current vacancies and the prospect of significant job creations in the coming years. The positive effect of these creations of positions (which follow years of great difficulties related to a manifest sub-staff) would be singularly diminished if recruitment problems persisted, while the institution receives several dozens of spontaneous applications from non-staff personnel on a daily basis.

Keywords

ECOLOGY, SUSTAINABLE DEVELOPMENT, PUBLIC FUNCTION, PUBLIC FUNCTION , EPA , CONSERVATORAL SPACE AND LACUSTAN RIVING , PERSONNEL , CONTRACTUEL , PARTICULAR STATUS , FUNCTIONAL

JORF n°248 of 23 October 2002 page 17544
text No. 19

Decree No. 2002-1274 of 16 October 2002 supplementing Decree No. 84-38 of 18 January 1984 establishing the list of public institutions of the state of administrative character as provided for in the 2nd of Article 3 of Law No. 84-16 of 11 January 1984

NOR: DEVN0200064D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/10/16/DEVN0200064D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/10/16/2002-1274/jo/texte

The Prime Minister,
On the report of the Minister of Ecology and Sustainable Development, the Minister of Economy, Finance and Industry and the Minister of Public Service, State Reform and Land Management,
Considering the environmental code, including articles L. 322-1 to L. 322-14;
Considering the rural code, including articles R. 243-1 to R. 243-33;
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 the amended Decree No. 84-38 of 18 January 1984 setting out the list of public institutions of the administrative state provided for in the 2nd of Article 3 of Law No. 84-16 of 11 January 1984;
Considering the opinion of the Central Joint Technical Committee dated 3 April 2002;
Considering the opinion of the Supreme Council of the Public Service of the State dated 9 April 2002;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...

The list annexed to the decree of 18 January 1984 referred to above by public institutions of the administrative State for which it is derogated from the rule that the permanent employment of these institutions is occupied by officials is supplemented as follows:
"Conservatoire de l'espace littoral et des rivages lacustres : emploi de catégorie A."

Article 2 Learn more about this article...

The Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development, the Minister of Public Service, State Reform and Land Management and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.

Done in Paris, October 16, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Ecology

and Sustainable Development

Roselyne Bachelot-Narquin

Minister of Economy,

finance and industry,

Francis Mer

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

Minister for Budget

and budgetary reform,

Alain Lambert

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