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Summary

Act 97-1019 of 28-10-1997 on the reform of the national service established, within the framework of the national service, and in addition to the obligations of this service (the increase, the call for defence preparation and the call under the flags) of volunteerism: volunteerism in the armies and civil volunteerism. Under the very terms of art. L. 111-3 of the National Service Code, "Volunteership aims to provide personal and temporary assistance to the national community as part of a mission of general interest and to develop solidarity and sense of belonging to the Nation". Complemented for a period of 6 to 24 months, civil volunteerism can be carried out in the areas of prevention, defence and civil security, social cohesion and solidarity, international cooperation and humanitarian assistance, or in the departments, territories and territorial authorities of the overseas sea, technical assistance. In metropolis, it can only be accomplished by a non-profit corporation other than the State. In addition to the sea, it can also be accomplished in a state service. Finally, abroad, it may be carried out with any legal person, including the State or a company. Civilian volunteers are in all cases governed by a statute of public law. In his art. L. 122-2, L. 122-5, L. 122-7, L. 122-8 and L. 122-9 of the Civil Volunteers Act 2000- 242 of 14-03-2000. L. 111-2 of the National Service Code and various measures relating to the reform of the national service, the National Service Code refers to "the competent minister" as the authority called, on behalf of the State, to accept the application for civil volunteering, to approve the activities that civil volunteers may carry out with a legal person, to conclude a convention with the legal person concerned, to terminate the civil volunteering of the current certificate and to issue to the voluntary fulfilment of the By Decision 2002-193 L of 21-11-2002, the Constitutional Council stated that these provisions are regulatory in nature. As provided for in art. 37 (para. 2) of the Constitution, this decision allows to amend these provisions by decree, in order to give the Government the authority to determine the administrative authority responsible for making the decisions arising out of these provisions. Art. 1 of this decree is amended. The purpose of Art. 2 is, by amending the above-mentioned Decree 2000-1159 for the application of the provisions of the above-mentioned Code relating to civil volunteers, to reconcile the decisions provided for in 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 the management of civil volunteering, entrusting them to the Prefect, the Departments and 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 01-07- 1992 bearing the charter of the deconcentration. However, the Order provides for an exception to the Minister for Foreign Affairs, the Minister of Defence and the Minister for Economics, Finance, Industry and Foreign Trade, because of the specific nature of the activities carried out by civil volunteers and the special conditions under which they are called to exercise them, under the supervision of the corresponding ministerial departments. This Order also does not, for any matter, deconcentrate the decisions by which each Minister determines by order the list of approved activities under which civil volunteering may be carried out, taking into account the general and regulatory nature of these decisions. Change, art. 1 of this decree, of art. L. 122-5 of the above-mentioned code, which provides for these decisions, will have the effect of reducing to the level of the decree the charge of appointing the competent authority, while the formal modification made by the 2° of the art. 2 of this decree to art. 2 of the 2000 Order-in-Council which assigns this jurisdiction to each Minister is the sole purpose of avoiding ambiguity that could have arisen from the approximation of these provisions with the new drafting of art. 3.Modification of art. 3, 5 to 10, 15 and 32 of the aforementioned decree of 2000.

Keywords

CODE OF NATIONAL SERVICE , ARMEE , MILITARY SERVICE , NATIONAL SERVICE , VOLONTAIRE , VOLONTARIAT CIVIL , REFORM OF NATIONAL SERVICE , DOMAINE , CIVILE SECURITY , SOCIAL COOPERATION , INTERNATIONAL COOPERATION

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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 on the application of the provisions of the National Service Code on Civil Volunteers

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

The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister of Public Service, State Reform and Land Management,
Having regard to the Constitution, in particular article 37, paragraph 2;
Considering the national service code, including articles L. 111-2, L. 111-3 and L. 122-1 to L. 122-21;
In view of the amended Decree No. 82-389 of 10 May 1982 concerning the powers of the prefect and the action of the public services and bodies of the State in the departments;
In view of Decree No. 2000-1159 of 30 November 2000 on the application of the provisions of the National Service Code on Civil Volunteers;
Having regard to Constitutional Council decision No. 2002-193 L of 21 November 2002;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about 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 in Article L. 122-9 of the National Service Code, the words "the 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 he" are replaced by the words "that she".

Article 2 Learn more about this article...

The above-mentioned decree of 30 November 2000 is amended as follows:
1° In section 2, the words: "Each competent minister" are replaced by the words: "Each minister, for his or her jurisdiction,"
2° In the first paragraph of section 3, the words: "to the competent minister" are replaced by the words: "to the Minister of Foreign Affairs, the Minister of Defence or the Minister responsible for the economy, finance, industry and foreign trade, or, in other cases, the prefect";
3° In Article 5, paragraph 3, of Article 7, section 8, second paragraph of Article 9, section 12, first sentence of Article 15, first paragraph of Article 16 and second paragraph of Article 21, first paragraph of Article 26, sections 27 and 28 and section 30, the words: "the competent minister" shall be replaced by the words "the competent minister" in the first paragraph of Article 26 and the words "the competent administrative authority" shall be replaced by the words
4° In Article 5, the word "This one" is replaced by the word "This one" and the word "he" is replaced by the word "she";
5° In the first paragraph of section 6, the words: "the competent minister or the manager body designated by him" are replaced by the words: "the administrative authority referred to in the first paragraph of section 3 or the manager body designated by him";
6° In the second paragraph of section 6, the words: "The Minister or the Management Organization shall notify" are replaced by the words: "They shall notify";
7° In the first paragraph of section 9, the words "to the competent minister" are replaced by the words "to the competent administrative authority referred to in the first paragraph of section 3";
8° In section 10, the words "to the minister to whom he reports" are replaced by the words "to the competent administrative authority referred to in the first paragraph of section 3";
9° In the second sentence of section 15, the words "the minister" are replaced by the words "this authority";
10° Section 32 is supplemented by a paragraph to read:
"For the application of the provisions of the first paragraph of Article 3 in New Caledonia, in French Polynesia, in the French Southern and Antarctic Lands and in the Wallis and Futuna Islands, the word "prefect is replaced by the words "representative of the State. »

Article 3 Learn more about this article...

The provisions of this Decree shall apply to Mayotte, New Caledonia, French Polynesia, Wallis and Futuna and to the French Southern and Antarctic Lands.

Article 4 Learn more about this article...

Minister of Interior, Internal Security and Local Freedoms, Minister of Social Affairs, Labour and Solidarity, Minister of Justice, Minister of Foreign Affairs, Minister of Defence, Minister of National Education and Research

Done in Paris, December 24, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Social Affairs,

and solidarity,

François Fillon

The Minister of the Interior,

of Internal Security

and local freedoms,

Nicolas Sarkozy

The Seal Guard, Minister of Justice,

Dominica Perben

Minister of Foreign Affairs,

Dominique de Villepin

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Youth,

national education and research,

Luc Ferry

Minister of Economy,

finance and industry,

Francis Mer

Minister of Equipment, Transportation,

housing, tourism and the sea,

Gilles de Robien

Minister of Ecology

and Sustainable Development

Roselyne Bachelot-Narquin

Minister of Health, Family

and persons with disabilities,

Jean-François Mattei

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister of Culture

and communication,

Jean-Jacques Aillagon

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

The overseas minister,

Brigitte Girardin

Minister Delegate to Industry,

Nicole Fontaine

Minister for Cooperation

and to the Francophonie,

Pierre-André Wiltzer

Minister Delegate

foreign trade,

François Loos

State Secretary for State Reform,

Henri Plagnol

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