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Decree No. 2002 - 1557 24 December 2002 Amending Decree No. 92-413 Of 30 April 1992 On The Special Status Of The Chief Clerks Of The Judicial Services

Original Language Title: Décret n° 2002-1557 du 24 décembre 2002 modifiant le décret n° 92-413 du 30 avril 1992 portant statut particulier des greffiers en chef des services judiciaires

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Summary

Amendments to articles 1, 3 to 5, 7, 8, 10 to 15, 16 bis, 17 to 19, 22, 24, 25, 27, 28, 30, 33 and abrogation of articles 6 (last 4 paragraphs), 20, 21, 26, 37, 38, 42 to 44 of the aforementioned decree.
Fully repealed text (Decree No. 2015-1273 of 13 October 2015).

Keywords

JUSTICE, PUBLIC FUNCTION, JUSTICE , JUDIT SERVICES , CLERK IN CHEF , PARTICULAR STATUS , CATEGORY A , RECRUITMENT , CONCOURT , RECRETATION IN CHOICE , FORMATION , INDIA


JORF n°303 of 29 December 2002 page 21944
text No. 13



Decree No. 2002-1557 of 24 December 2002 amending Decree No. 92-413 of 30 April 1992 on the special status of the Chief Clerks of Judicial Services

NOR: JUSB0210651D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/JUSB0210651D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/2002-1557/jo/texte


The Prime Minister,
On the report of the Seal Guard, Minister of Justice, Minister of Economy, Finance and Industry and Minister of Public Service, State Reform and Land Management,
Considering the code of the judicial organization, including Book VIII;
Considering the Labour Code, including its article L. 512-14;
Given the Civil and Military Pension Code;
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;
In view of Decree No. 92-413 of 30 April 1992 on the special status of the Chief Clerks of Judicial Services, as amended by Decree No. 94-417 of 4 May 1994 and Decree No. 98-937 of 20 October 1998;
Considering the advice of the Ministerial Joint Technical Committee of 2 May 2002;
The State Council (Finance Section) heard,
Decrete:

  • PART I: GENERAL PROVISIONS Article 1


    In article 1 of the decree of 30 April 1992 referred to above, after the words: "the councils of prud'hommes", are added the words: "the departmental councils of access to the law,".

    Article 2


    Article 3 of the same decree is replaced by the following provisions:
    “Art. 3. - The corps of chief clerks includes in descending hierarchical order:
    « 1° Chief Clerks of the first rank;
    « 2° Chief Clerks of the second grade.
    "The Chief Clerks of the first rank may be appointed in certain jobs with special responsibilities, the list of which is set by Seal Guard Order, Minister of Justice. These jobs are classified into two categories.
    "The Chief Clerks are appointed and held by Seal Guard Order, Minister of Justice. »

    Article 3


    Article 4 of the same decree is replaced by the following provisions:
    “Art. 4. - The first grade has nine ladders and the second grade is twelve ladders. »

    Article 4


    Article 5 of the same decree is replaced by the following provisions:
    “Art. 5. - The average duration and minimum length of time spent in each of the steps and grades referred to in Article 4 shall be fixed as follows:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 5


    The last four paragraphs of Article 6 of the Order are repealed.

    Article 6


    In the second paragraph of Article 7 of the same decree, the words "35" are replaced by the words "45".

    Article 7


    The first paragraph of Article 8 of the Decree is replaced by the following provisions:
    "The Chief Clerks recruited by contest are appointed Chief Clerks Interns and ranked at the first level of the second grade. »

    Article 8


    Article 10 of the same decree is amended as follows:
    I. - In the first paragraph, the words "the year of" are replaced by the words "the duration of" and the word "four" is replaced by the word "five".
    II. - The third paragraph is replaced by the following:
    "On the expiry of the probation period set out in section 18, the chief clerks interns shall, in the light of their notes, be held or authorized by a decision of the seals officer, Minister of Justice, to undertake a second internship whose duration shall not exceed the initial period. »

    Article 9


    In the second paragraph of Article 8, in Article 11, in the first paragraph of Article 12, in the first and last paragraphs of Article 13, in Article 14, in the first paragraph of Article 15, in Article 16 bis and in the first paragraph of Article 24 of the same Decree, the words "third grade" are replaced by the words "second grade".

    Article 10


    Article 17 of the same decree is replaced by the following provisions:
    “Art. 17. - The Chief Clerks recruited under Article 6 and by detachment shall receive, at the National School of Registry, an initial vocational training. »

    Article 11


    Article 18 of the same decree is replaced by the following provisions:
    “Art. 18. - The duration of the initial vocational training at the National School of Registry is eighteen months for the chief clerks recruited by competition and twelve months for the chief clerks recruited by choice and by detachment. »

    Article 12


    Article 19 of the same decree is replaced by the following provisions:
    “Art. 19. - Chief Clerks receive ongoing training.
    "In a five-year period following their tenure, Chief Clerks receive, each year, a ten-day mandatory continuing education.
    "They may be subject to a training obligation, especially in the event of a change of assignment. »

    Article 13


    Article 22 of the same decree is replaced by the following provisions:
    “Art. 22. - The terms and conditions under which the various trainings provided for in this section are completed and the assessment of the knowledge acquired during the probation period provided for in section 18 are determined by order of the Seal Guard, Minister of Justice. »

    Article 14


    Article 24 of the same decree is amended as follows:
    I. - In the first paragraph, the word "second" is replaced by the word "first" and the words "determined seniority" are replaced by the words "oldness retained".
    II. - The last paragraph is replaced by the following:
    "The promoted Chief Clerks are classified in the ranks of the first rank in accordance with the following table:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 15


    Article 25 of the same decree is replaced by the following provisions:
    “Art. 25. - Can also be promoted to the first rank, to the choice, to the Chief Clerks of the second grade for at least three years and six months of seniority at the 12th grade.
    "The seniority requirement set out in the first paragraph is as at December 31 of the year under which the progress table is established.
    "The persons concerned shall be reclassified in accordance with the provisions of the table to Article 24.
    "Chief Clerks promoted pursuant to this section shall not represent a staff of more than 10% of the overall budget of the first grade. »

    Article 16


    Article 27 of the same decree is supplemented by two paragraphs as follows:
    "At the end of a seven-year period of assignment on the same position as a 1st or 2nd Class Registry Chief, the licensee is required to participate in the annual transfer operations. If he has not changed employment at the end of a ten-year period, he is reassigned by the Seal Guard, Minister of Justice, by the end of that period. It may be derogated from this rule in the interest of the service, as well as from the Chief Clerks who held five different positions in the corps of Chief Clerks.
    "The periods mentioned in the previous paragraph shall be calculated from the date of publication of Decree No. 2002-1557 of 24 December 2002. »

    Article 17


    Article 28 of the same decree is replaced by the following provisions:
    “Art. 28. - may be appointed, after the advice of the competent parity administrative board, to one of the jobs mentioned in section 27, Chief Clerks of the first rank justifying at least one year in the sixth grade and at least five years of actual service in the grade.
    "The classification of these two categories at the job-levels is based on the following table:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 18


    In the first paragraph of Article 30 of the same Decree, the words "subsections 17 and 20" are replaced by the words "in Article 17".

    Article 19


    In the first paragraph of Article 33 of the Decree, after the words "national service" are added the words "or activities in the operational reserve".

    Rule 20


    Articles 20, 21, 26, 37, 38, 42, 43 and 44 of the same decree are repealed.

  • PART II: TRANSITIONAL AND FINAL PROVISIONS Article 21


    The Chief Clerks of the third grade and the first grade governed by the above-mentioned Decree of 30 April 1992 shall be reclassified as of 1 January 2003, in accordance with the following table of correspondence:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 22


    As of January 1, 2003, on an interim basis, the Chief Clerks classified in the second grade at the date of entry into force of this Order are classified as the provisional rank of Chief Clerk of Identity at the level of the acquired seniority. The average duration and minimum length of time spent in each of the steps of this provisional grade shall be determined as follows:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947



    By derogation from the provisions of Articles 24 and 25 of the above-mentioned Decree of 30 April 1992, the Chief Clerks reclassified to this provisional rank may, by way of enrollment to an annual progress table prepared on the advice of the parity administrative commission, be promoted, at the option, to the first rank.
    The Chief Clerks reclassified to the provisional grade and promoted to the first grade are classified as follows:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 23


    For the purposes of section L. 16 of the Civil and Military Pension Code, the assimilations to fix the new salary indices referred to in section L. 15 of the said Code are made in accordance with the following correspondence table:


    You can see the table in the OJ
    n° 303 of 29/12/2002 page 21944 to 21947


    Article 24


    The provisions of Article 11 of this Order are applicable to Chief Clerks recruited by competition or election and trained at the National Registry School effective January 1, 2004.
    The Chief Clerks recruited by competition and trained at the National School of Registry until that date are, at the conclusion of their internship, classified at the 1st step of the second grade, an internship period retained, within the limit of the initial duration, subject to the application of the provisions of articles 12 to 16 bis of the decree of 30 April 1992 referred to above.

    Rule 25


    The provisions of Article 12 of this Order are applicable to the Chief Clerks who are held after January 1, 2001 and who have not completed the training organized by Article 5 of the Order of March 16, 1993 on the specialties of the Chief Clerks of Judicial Services.

    Rule 26


    Representatives to the Joint Administrative Committee of the Chief Clerks of Judicial Services shall be held in office until the expiry of their term.

    Rule 27


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


Done in Paris, December 24, 2002.


Jean-Pierre Raffarin


By the Prime Minister:


The Seal Guard, Minister of Justice,

Dominica Perben

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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