Decree No. 2002 - 1527 Of 24 December 2002 Amending The National Service Code And Decree No. 2000 - 1159 Of 30 November 2000 Made For The Purposes Of The National Service Code Provisions On The Civil Volunteering

Original Language Title: Décret n° 2002-1527 du 24 décembre 2002 modifiant le code du service national et le décret n° 2000-1159 du 30 novembre 2000 pris pour l'application des dispositions du code du service national relatives aux volontariats civils

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Abstract Act 97-1019 of 28-10 - 1997 on national service reform introduced under the national service, and in addition to this service obligations (census, calling the defence preparedness and the conscription) of the volunteering: volunteering in the military and the civil volunteering. In the words of art. L. 111-3 of the code of the national service, "volunteering is intended to make personal and temporary support to the national community as part of a mission of general interest and develop solidarity and the feeling of belonging to the Nation". Done for a period of 6 to 24 months, civil volunteering can be done in the areas of prevention, defense and civil security, social cohesion and solidarity, international cooperation and humanitarian aid, or, in the departments, territories and territorial communities of overseas, technical assistance. In metropolitan France, it can be accomplished as non-profit legal person other than the State. Overseas, it can also be accomplished in a service 1 ' State. Finally, abroad, it can be done with any legal person, including the State or a company. Civilian volunteers are in all cases governed by public law status. In his art. L. 122-2, L. 122 - 5, L. 122 - 7, L. 122 - 8 and L. 122 - 9 from Act 2000-242 of 14-03 - 2000 concerning the civil volunteering imposed by art. L. 111-2 of the code of the national service and various measures relating to the reform of national service, the national service code means "competent Minister" as the named authority, on behalf of the State, to accept the nomination for civil volunteering, to approve activities that can have civilian from a moral person volunteers to conclude an agreement with the legal entity concerned put an end to the ongoing civil volunteering and the volunteer a certificate of completion of civil volunteering. By decision 2002-193 L 21-11 - 2002, the Constitutional Council said that these provisions have the regulatory in nature. As foreseen in art. 37 (para. 2) of the Constitution, this decision authorises to amend these provisions by Decree, in order to make the Government the jurisdiction to determine the administrative authority to take the decisions arising under these provisions. Art. 1 of this Decree shall make such amendments. Art. 2a for object, in amending the order 2000-1159 above taken for the application of the provisions of the code relating to civilian volunteers, devolve the decisions provided for by art. L. 122-2, L. 122 - 7, L. 122 - 8 and L. 122 - 9 of the code, which concern the recruitment of civilian volunteers and management of civil volunteering, by entrusting to the prefect, in the departments as well as Mayotte and Saint - Pierre and Miquelon, or, in the other territories, to the representative of the State, in accordance with the principles enshrined in Decree 92-604 of 07-01-1992 relating to Charter of devolution. However, the Decree provides an exception to the benefit of the Minister of Foreign Affairs, the Minister of defence and the Minister of economy, finance, industry and foreign trade, due to the nature of the activities of civilian volunteers and of the specific conditions in which they are called upon to exercise under the supervision of the relevant ministerial departments. This Decree does not carry for any domain, the devolution of the decisions which each Minister fixed by order the list of activities approved in the context of which can be carried out the civil volunteering, taking the character general and regulatory decisions. The amendment to art. 1 of this Decree, art. L. 122-5 of the above-mentioned code, which provides for these decisions, will have the effect of reverting to the level of the Decree the burden to designate the competent authority, while the amendment made by the 2nd of art. 2 of this Decree to art. 2 of the Decree of 2000 which assigns jurisdiction to each Minister sole purpose is to avoid an ambiguity that could arise from the approximation of these provisions with the new wording of art. 3.modification of the art. 3, 5 to 10, 15 and 32 of the Decree of 2000 referred to above.
Keywords Social Affairs, CODE of the NATIONAL SERVICE, army, military SERVICE, NATIONAL SERVICE, volunteer, volunteer CIVIL, reform of NATIONAL SERVICE, domain, civil security, social COHESION, international COOPERATION, Metropolitan FRANCE, overseas, overseas, PUBLIC law, legal NATURE, host organization, legal entity, support, territory of assignment JORF n ° 302 of 28 December 2002 page 21859 text no. 16 Decree No. 2002-1527 of 24 December 2002 amending the national service code and Decree No. 2000-1159 of 30 November 2000 implementing the provisions of the national service code relating to the civil volunteering NOR: SOCX0200148D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/SOCX0200148D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/2002-1527/jo/texte Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity and the Minister of public service, of the reform of the State and the development of the territory , Pursuant to the Constitution, including article 37, paragraph 2;
Having regard to the code of the national service, particular articles L. 111 - 2, L. 111 - 3 and L. 122 - 1 to L. 122 - 21;
Considering Decree No. 82-389 of May 10, 1982, as amended concerning the powers of the prefect and the action of the services and public agencies of the State in the departments;
Mindful of Decree No. 2000 - 1159 of 30 November 2000 made for the purposes of the national service code provisions on the civil volunteering;
Having regard to the Council decision constitutional No. 2002-193 L of November 21, 2002;
The Council of State (finance section) heard, enacts as follows: Article 1 more on this article...

In the third paragraph of article L. 122 - 2, in the first paragraph of article L. 122 - 5, in the first paragraph of article L 122 - 7, in the first and seventh paragraphs of article L. 122-- 8 and article L 122 9 of the code of the national service, the words: "competent Minister" are replaced by the words: 'the competent administrative authority.
In the first sentence of article L. 122 - 7 of the same code, the words: ' that it ' shall be replaced by the words: 'it '.


Article 2 more on this article...

The Decree of 30 November 2000 referred to above is amended as follows: 1 ° (A) in article 2, the words: "Every appropriate Minister" are replaced by the words: "Each Minister, for its field of competence,";
2 ° to the first paragraph of article 3, the words: "to the Minister" shall be replaced by the words: 'is, in their field of respective jurisdiction, the Minister of Foreign Affairs, the Minister of defence or the Minister of economy, finance, industry and foreign trade, or, in other cases, to the Prefect ";
3 ° in article 5, to 3 ° of article 7, article 8, in the second paragraph of article 9, article 12, in the first sentence of article 15, paragraph 1 of article 16 and the second paragraph of article 21, in the first paragraph of article 26, articles 27 and 28 and article 30, the words: "competent Minister" are replaced by the words : 'the competent administrative authority referred to in the first paragraph of article 3. "
4 ° in article 5, the word: «It» is replaced by the word: «It» and the word: «it» is replaced by the word: 'she '.
5 ° to the first paragraph of article 6, the words: "of the appropriate Minister or the managing body designated by him" are replaced by the words: "of the administrative authority referred to in the first paragraph of article 3 or the managing body designated by it.
6 ° in the second paragraph of article 6, the words: "the Minister or the managing body advises" are replaced by the words: 'notify ';
7 ° to the first paragraph of article 9, the words: "to the Minister" shall be replaced by the words: "to the competent administrative authority referred to in the first paragraph of article 3."
8 ° to article 10, the words: "to the Minister whose jurisdiction it falls' are replaced by the words:"to the competent administrative authority referred to in the first paragraph of article 3. "
9 ° in the second sentence of article 15, the words: "the Minister" shall be replaced by the words: "this authority."
10 ° article 32 is supplemented by a paragraph worded as follows: "for the purposes of the provisions of the first subparagraph of article 3 in New Caledonia, French Polynesia, in southern and Antarctic French and the Islands Wallis and Futuna, the word:" prefect is replaced by the words: "representative of the State.".


Article 3 read more on this article...

The provisions of this Decree shall apply to Mayotte, New Caledonia, French Polynesia, Wallis and Futuna and in southern and Antarctic Territories.


Article 4 more on this article...


The Minister of the Interior, homeland security and local liberties, the Minister of Social Affairs, labour and solidarity, the keeper of the seals, Minister of justice, Minister of Foreign Affairs, the Minister of defence, the Minister of youth, national education and research, the Minister of economy, finance and industry , the Minister of equipment, transportation, housing, tourism and the sea, the Minister of ecology and sustainable development, the Minister of health, family and disabled persons, the Minister of agriculture, food from fisheries and Rural Affairs, the Minister of culture and communication, the Minister of public service reform of the State and the development of the territory, the Minister of the overseas, Minister of industry, the Minister delegate for cooperation and francophonie, the Deputy Minister for international trade and the Secretary of State for the reform of the State are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on December 24, 2002.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon the Minister of the Interior, internal security and local freedoms, Nicolas Sarkozy the garde des sceaux, Minister of justice, Dominique Perben Foreign Minister Dominique de Villepin, defence minister Michèle Alliot-Marie the Minister of youth , national education and research, Luc Ferry the Minister of economy, finances and industry Francis Mer the Minister of equipment, transportation, housing, tourism and the sea, Gilles de Robien, Minister of ecology and sustainable development, Roselyne Bachelot-Narquin the Minister of health, family and disabled persons, Jean-François Mattei the Minister of agriculture food, fisheries and Rural Affairs, Hervé Gaymard the Minister of culture and communication, Jean-Jacques Aillagon Minister of public service, the reform of the State and the development of the territory, Jean-Paul Delevoye Minister for the overseas territories, Brigitte Girardin Minister of industry, Nicole Fontaine the Minister delegate for cooperation and the francophonie Pierre-André Wiltzer, Minister delegate for foreign trade, François Loos the Secretary of State for the State reform, Henri Plagnol

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