Key Benefits:
Seals, Minister of Justice, 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 amended Act No. 84-16 of 11 January 1984 on provisions relating to the public service of the State;
Considering Decree No. 2004-1105 of 19 October 2004 on the opening of recruitment procedures in the public service of the State;
In view of Decree No. 2007-930 of 15 May 2007 on the special status of the body of directors of correctional services, including articles 4 and 5,
Stop:
The contest provided for in Article 4 of the decree of May 15, 2007 referred to for the recruitment of directors of the penitentiary services is open by order of the seals, Minister of Justice, in accordance with the provisions of the decree of October 19, 2004 referred to above.
The number of positions offered to candidates and, where appropriate, the distribution of positions between the two sexes, the deadlines for withdrawal and nomination of candidates, the list of candidates authorized to attend the competition, and the composition of the jury shall be determined by order of the seal guard, Minister of Justice.
The external competition includes eligibility and admission tests.
(a) Eligibility.
Eligibility tests include:
1° A general culture event consisting of a dissertation on a topic of general order relating to the evolution of political, economic and social ideas and facts in France and in the world from 1945 until today (duration: four hours); coefficient 4);
2° A summary note test from a general file on a topical topic (duration: four hours); coefficient 5);
3° A short answer test for the following substances (duration: five hours); coefficient 4):
- public law: administrative law, constitutional law, public freedoms and European Union law;
- criminal law: general criminal law and criminal procedure;
- public finances.
Written tests are subject to a double correction.
Applicants must present themselves to all the tests.
The choice of candidate to be expressed at the filing of the registration is final.
(b) Admission.
Admission tests include:
1° An interview with the members of the jury having as its starting point a topic relating to general culture issues from a topical topic drawn by lot by the candidate, allowing to appreciate his qualities of reflection and knowledge as well as his ability to perform the functions of director of penitentiary services (duration: 30 minutes; preparation: fifteen minutes; coefficient 7).
Any rating less than 5 out of 20 is eliminated;
2° An oral question about one of the following subjects, at the choice of candidate expressed at the time of registration (duration: twenty minutes, preparation: twenty minutes; coefficient 3)
- history of French society and institutions since 1789 and international relations since 1945;
- economy;
- civil law: law of obligations, criminal liability and contractual liability;
- Sociology of organizations and human resources management;
3° An oral foreign language test consisting of a conversation from a text, written in the chosen language, drawn by lot by the candidate (duration: twenty minutes; coefficient 2).
The languages allowed are German, English, classical Arabic, Spanish, Italian, Mandarin, Portuguese and Russian.
The choice of the candidate expressed when filing the registration file is final.
Applicants must present themselves to all the tests.
The internal competition includes:
(a) Eligibility.
Eligibility tests include:
1° A summary note test from a general file on a topical topic (duration: four hours); coefficient 4);
2° A short answer test for the following substances (duration: four hours); coefficient 4):
- public law: administrative law, constitutional law, public freedoms and European Union law;
- criminal law: general criminal law and criminal procedure;
- public finances.
Written tests are subject to a double correction.
Applicants must present themselves to all the tests.
(b) Admission.
1° An interview with the members of the jury having as their starting point a candidate's presentation on his career path and allowing him to appreciate his skills and abilities to practise the job as director of the penitentiary services or, at the choice of the candidate at the time of the examination, a test of recognition of the achievements of the professional experience as soon as he has a minimum professional experience of three years (due: thirty minutes); exposed: 10 minutes; coefficient 5).
Any rating less than 5 out of 20 is eliminated;
2° An oral question about one of the following subjects, at the choice of the candidate expressed at the time of the registration (duration: twenty minutes; preparation: twenty minutes; coefficient 3)
- law and correctional institutions;
- civil law: law of obligations, criminal liability and contractual liability;
- Sociology of organizations and human resources management.
(c) Optional oral test.
An oral foreign language test consisting of a conversation from a text, written in the chosen language, drawn by lot by the candidate (duration: fifteen minutes; coefficient 1).
Points above 10 of 20.
The languages allowed are German, English, classical Arabic, Spanish, Italian, Mandarin, Portuguese and Russian.
The candidate indicates his or her choice in his or her application to the contest. In no case can it change at the time of the tests.
The choice of optional materials made during registration is final.
Applicants must present themselves to all the tests.
The programme of the tests is set out in the annex to this Order.
The jury of the two contests shall be appointed by order of the Seal Guard, Minister of Justice, and shall include the following members:
- the director of the prison administration or his representative, president;
- two members of the prison officers;
- a member of a body recruited through the National School of Administration;
- a judicial magistrate;
- a magistrate of the administrative order or a magistrate of the financial courts;
- a qualified personality outside the Ministry of Justice.
A single president manages the jury of the two contests, whose members can be shared.
In the case of equal sharing of votes in the deliberations of the jury, the president's vote is preponderant.
Qualified proofreaders and examiners are responsible for the correction of the tests. They participate in the jury but with an advisory voice.
It is assigned to each eligibility and admission test a rating from 0 to 20. It is multiplied by the coefficients set above. The sum of the points thus obtained forms the total points of the tests.
At the end of the admission examinations, the jury draws, for each contest, the list of candidates definitively admitted, in order of merit.
If several candidates total the same number of points, the priority is given to the one who obtained the best rating for the eligibility test consisting of a general culture test for the external competition and a summary note test for the internal competition, and then, in the event of a new equality, to the one who obtained the best rating for the admission test with the highest coefficient.
The amended decision of September 1, 1977 setting out the terms and conditions of organization and the competition program for the recruitment of external assistant directors of the prison administration is repealed.
The director of the prison administration is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.
A N N E X E
PROGRAMME OF PREVENTION
Administrative law
1. Sources of administrative law:
- internal sources;
- international treaties.
2. The administrative organization:
State administration.
The President of the Republic.
The Prime Minister, Ministers, Advisory Administration, Independent Administrative Authorities.
The administration of the deconcentrated state (prefect, sub-prefect), the deconcentrated services of the state.
Territorial authorities:
- the region;
- the department;
- the commune;
- groups of local authorities;
- territorial authorities with special status;
- administrative control of local authorities.
Public institutions.
The specialized agencies.
The relationship between the public:
- centralization;
- decentralization;
- Deconcentration.
3. The action of the administration:
The principle of administrative legality.
The purpose of the administration's action:
- regulatory authority;
- the general theory of public services and management modes (direct management, delegated management).
The administrative police.
Extra-contractual administrative responsibility.
Liability for fault.
Liability without fault.
The responsibility of public officials and its relationship with that of administration.
4. Administrative justice:
The jurisdiction of the administrative judge.
The main administrative courts.
The State Council.
Administrative appeal courses.
Administrative courts.
The conflict court.
Litigation:
- the prerogatives of the administration;
- the distinction of litigation;
- remedies;
- litigation.
5. The Public Service:
The general theory of public service law.
Sources.
The composition and legal status of staff.
The general organization of the public service.
The grievor's career.
The grievor's rights and obligations.
Constitutional law
1. General Theory of Constitutional Law:
The constituent elements and forms of the State.
The organisation of power in the state:
- the Constitution, the contents of the constitutional bloc, the constitutional revision;
- the principle of separation of powers and its application: parliamentary, presidential, mixed regimes.
2. French political institutions:
The Constitution of the Fifth Republic:
- the characteristics of the regime;
- the executive branch;
- the legislative branch;
- the judicial authority;
- the Constitutional Council.
Public freedoms
1. General theory of public freedoms:
The sources of public freedoms:
- the Declaration of Human and Citizen's Rights (26 August 1789);
- the Preamble to the 1946 Constitution;
- the Universal Declaration of Human Rights (10 December 1948);
- the Preamble to the 1958 Constitution;
- the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The legal regime of major public freedoms:
- the legal basis;
- the development of public freedoms;
- guarantees of public freedoms;
- non-judicial remedies;
- judicial remedies;
- the French constitutional control system.
The principle of equality:
- historical evolution of the principle;
- modern aspects of the principle.
2. The typology of the main public freedoms:
The freedoms of the physical person:
- safety;
- freedom to go and come;
- respect for the personality;
- the freedoms of the body and the physical person;
The freedoms of thought:
- freedom of opinion;
- freedom of the press;
- freedom of communication;
- freedom of teaching;
- freedom of assembly;
- freedom of association;
- freedom of religion.
Freedoms of economic and social content:
- freedoms of work;
- the right to property;
- freedom of trade and industry.
European Union law
1. Community construction:
- from 1945 to the European Union;
- European institutions.
2. The sources of community law:
- the original right;
- derivative law;
- Jurisprudential sources;
- general principles of law.
3. The characteristics of community law:
- the applicability of community law;
- the primacy of community law.
General criminal law
1. Criminal law: offence:
- the subject matter of criminal law;
- sources of criminal law;
- the application of the criminal law in time and space.
2. Criminal responsibility:
- the constituent elements of the offence;
- the fact of criminal responsibility;
- the determination of the criminally responsible person: natural persons and legal persons;
- causes of irresponsibility or mitigation of liability.
3. Penalties:
- legal definition of penalties: applicable penalties;
- the application of the sentence;
- the evolution of the sentence.
Criminal procedure
1. The general characteristics of the criminal procedure.
2. The principles of criminal proceedings:
- the guiding principles;
- criminal proceedings: public action and civil action.
3. Criminal proceedings:
- Police bodies;
- the justice bodies.
4. The criminal proceedings:
- prosecution;
- preparatory instruction;
- judgment;
- the remedies and authority of the matter judged.
Public finance
1. The Global Approach to Public Finance
A. Theories:
- political theories and public finances: the conceptions of the state; consent to the tax;
- economic theories of compulsory levies and public expenditure;
- sociological theories, doctrines and fiscal ideologies.
B. - 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.
C. - Revenue concepts:
- categories of public revenues;
- mandatory sampling;
- large tax classifications, types of taxation, tools for sharing tax sovereignty;
- tax expenditures;
- tax administration: service to the taxpayer, management of reporting systems, payment methods, recovery, tax control, litigation.
D. - Processes and public finance actors:
- Financial administrations;
- managers, directors and accountants;
- organizations and systems of public financial controls.
E. - Public finance:
- economic impact of mandatory collection, expenditure and public debt;
- the constraints of the European Union on the overall management of public finances;
- the consolidated approach to State finances;
- national and international issues of tax competition;
- mastery of public expenditure;
- evaluation of public policies;
- governance and transparency of public finances.
2. 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 the draft financial law;
- implementation and amendment of financial laws.
B. - State resources:
- tax resources: taxing income, profits and surplus-values, taxing heritage, taxing consumption;
- heritage and diverse resources;
- the management and financing of State debt.
C. - State expenditure:
- the budget nomenclature by destination (missions, programmes, actions) and by nature (titles);
- the supplementary budgets and special accounts;
- Scope of budgetary authorization: payment credits and commitment authorizations; justification for expenses to the first euro;
- projects and annual performance reports.
D. Operational budget management:
- globalization and asymmetrical fungibility;
- operational programme budgets;
- performance management: strategy, objectives, indicators;
- accountability, deconcentration;
- the execution process.
E. - State accounts:
- budgetary accounting;
- General accounting;
- Cost analysis.
F. - Internal and external controls of State finances:
- administrative controls: public accountants, audit and control bodies, general financial inspection;
- the Court of Auditors (missions, organization, operation), the Court of Budgetary and Financial Discipline.
Optional tests
The history of French society and institutions since 1789
and International Relations since 1945
1. History of French society and institutions since 1789:
- technical progress, economic transformations;
- social evolution, movement of ideas:
- evolution of French demographics since the end of the 19th century;
- an overview of constitutional history;
- the administrative organization since the year VIII;
- history of public freedoms.
2. The construction of the contemporary world (from 1945 to 1960):
- the world in 1945;
- the communist model and its global expansion;
- power and influence of the American model;
- the rebirth of Europe and its limits;
- the end of the colonial empires;
- a bipolar world: cold war and peaceful coexistence.
3. Growth and crisis (from the 1960s to the late 1980s):
- economic growth and the society of prosperity (1950-1973);
- East-West relations at the time of balance;
- the third world apart from growth;
- the long crisis, its significance and its social benefits;
- the failure of the communist model in Europe and the end of the USSR;
- the development of a new world order dominated by American hyperpower.
4. France since 1945:
- the political and economic reconstruction of France after 1945;
- the colonial wars and the failure of the Fourth Republic;
- Birth and consolidation of the Fifth Republic (1958-1969);
- the Fifth Republic after 1969: Neo-Gaullist, liberal, socialist experiences;
- the evolution of the Fifth Republic in the time of alternation and cohabitation (1986-2002);
- social and cultural changes since 1945.
5. The world at the beginning of the 19th century:
- American hyperpower;
- the difficult transfer of former socialist countries;
- deepening and expanding the European construction;
- the contrasts of the Asian area;
- the diversity of third worlds.
Economy
1. Economic Analysis Note
A. - The mechanisms of the economy:
1. The actors of the national economy: households, non-financial companies, financial companies, 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:
- the relationship growth-productivity-employment;
- 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;
- 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: analysis of causes, 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.
Civil law: right of obligations
1. The legal act. The contract:
(a) The conditions of formation of the contract;
(b) The execution of the contract:
- the binding effect of the contract between the parties;
- the mandatory effect of the contract with the judge;
- the relative effect of the contract with respect to third parties;
(c) Implementing the contract:
- the general regime of contractual liability;
- rules specific to the non-performance of synallagmatic contracts;
(d) Contract execution modes:
- payment;
- the other modes.
2. Near-contrats:
(a) Business management;
(b) The repetition of the indu;
(c) Enrichment without cause.
3. The legal fact. Criminal liability:
(a) Constant elements of criminal liability:
- damage;
- the causal link;
(b) The variable element of criminal liability: the generator:
- the responsibility of the personal act;
- responsibility for doing things;
- the responsibility of others;
(c) Implementation of criminal liability:
- the action in repair;
- the damage repair.
Sociology of organizations and human resources management
A. - Sociology of organizations:
- organization, administration and bureaucracy;
- the organizational system and its environment;
- social regulation;
- the statutes and roles;
- hierarchy;
- social networks;
- motivations and participation;
- coercion and cooperation;
- coercion to negotiation;
- the rationality of the actor;
- organizational behaviour: tactics and strategy;
- authority: between legality and legitimacy;
- professional relations;
- the movement of human relations;
- the principles of scientific management;
- order and disorder;
- norms and deviations;
- social conflict: origins, types, modes of resolution.
B. Human resources management:
- historical and human resources management objectives;
- strategic human resources management issues: efficiency, staff mobilization, adaptation to changes;
- human resources management tools (legal data);
- human resources management indicators (social balances, audits, projective information...)
- management and the role of managers in human resources management;
- forecast management of staffing, employment and skills;
- recruitment;
- staff assessment tools;
- vocational training;
- the remuneration of the staff;
- quality approaches, service projects;
- participatory management.
Law and prison
1. The organisation of the prison administration:
- the missions of the public prison service;
- central services, interregional prison departments, penitentiary institutions, penitentiary services for insertion and probation, the prison service and the National School of Prison Administration;
- Prison staff, their partners and their missions.
2. European Prison Rules (ERP) and their application to the prison administration.
3. Detention regimes:
- definitions: inmate, accused, convicted and statistical;
- classification of prisons;
- special categories of detainees, juveniles, juvenile detainees, female detainees, foreign prisoners, particularly reported prisoners;
- judicial restraint;
- orientation and allocation of inmates;
- isolation.
4. Security and means of detention:
- the procedure for raising information;
- computerized management of detainees in detention (GIDE);
- internal security;
- means of restraint;
- the use of force and weapons.
5. The rules of life in detention:
- the rules of procedure;
- the contradictory procedure of Article 24 of the Law of 12 April 2000 on the rights of citizens in their relations with the administrations;
- the inmate's relationship with the outside;
- visits;
- correspondence;
- information;
- the management of the property of detainees;
- disciplinary proceedings against detainees;
- administrative remedies and excessive power.
6. Social accompaniment and preparation for exit:
- the project and the course of execution of sentences;
- work in prison;
- vocational training and teaching;
- care and health;
- worships;
- sociocultural and sporting actions.
7. The development of custodial sentences:
- courts of enforcement of sentences;
- non-judicial authorities;
- the enforcement of penalties;
- the proper authority of the Director of Correctional Services for Inclusion and Probation from the Act of 9 March 2004 on the adaptation of justice to the evolution of crime;
- measures;
- safety periods;
- reductions of sentence;
- permissions to leave;
- placement outside;
- semi-freedom;
- splitting and suspension of sentence;
- electronic supervision;
- parole;
- the measures of sentence ab initio;
- appeal proceedings.
8. Restrictive measures of freedom:
- judicial review;
- the work of general interest;
- the condition with test;
- the adjournment of the pronouncement of sentence with probation;
- socio-judicial follow-up;
- the ban on residence and French territory.
9. External controls:
- control of penitentiary institutions;
- the responsibility of the prison administration;
- European standards and controls of detention.
Proof of recognition of professional experience (RAEP)
Internal Competition of Director of Prison Services
Fact sheet to be targeted by your current head of office/service and to be required to return to the organizing service on the day of the convocation to the test with your complete RAEP file.
This record attests to the compliance of the file that you give to the organizing service as part of the RAEP test.
This page will not be communicated to the jury to ensure the anonymity of the trial.
A. - Identification of the candidate
Check the appropriate box.
Mr.
Ms.
Miss:
Bossymic name:
First name:
Marital name:
Contest Registration Number (figure on your convocation):
Examination center:
B. - Mandatory Visa for your current head office/service
Name and name of the signatory:
Office/service:
Name and quality of the signatory:
RAEP Test Submission Form
Watch out! You must complete this page and the next one and have them both on your file's custody page when it is handed over on the day of the trial.
In order to guarantee the anonymity of your file, you must ensure that you do not mention any specific names of place or person in any description.
A. - Body and grade of belonging
B. - Synthetic description of occupied functions
related to the documents submitted under the test
C. - Form of the RAEP test file
Document No. 1
Specify the form of document No. 1 (see § 4 of the I of the Guide to the Constitution of the File [*]):
Number of pages constituting your document number 1:
Number of pages constituting the context description (up to two pages in the format mentioned in the guide)
Nature of missions and skills that you consider to be certified using document No. 1 and its description
On reading the interdepartmental repertoire of State trades (RIME), in which functional domain do you classify these missions and skills?
In view of the jobs-references listed in this field, what job-reference does the activity described appear to you?
Document No. 2
Please specify the form of document No. 2 (see § 4 of the I of the Guide to the Constitution of the File):
Number of pages constituting your document #2:
Number of pages constituting the background document (up to two pages in the format mentioned in the guide):
Nature of the missions and skills that you consider to be certified using document No. 2 and its description:
On the reading of the interdepartmental repertoire of State trades (RIME), in which functional domain are these missions and competencies classified [*]? :
In view of the jobs-references listed in this field, what job-reference does the activity described appear to be?
Done in Paris, 30 October 2007.
The Seal Guard, Minister of Justice,
For the Minister and by delegation:
Deputy Director of Human Resources
and social relations,
A. Triolle
Minister of Budget, Public Accounts
and the Public Service,
For the Minister and by delegation:
By preventing the Director General
Administration and Public Service:
The Deputy Director,
G. Parmentier
