Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of Public Service, State Reform and Land Management,
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 Decree No. 94-1016 of 18 November 1994 establishing the common statutory provisions applicable to various bodies of category B officials, as amended by Decree No. 97-301 of 3 April 1997 and Decree No. 2001-1238 of 19 December 2001;
Having regard to Decree No. 94-1017 of 18 November 1994 establishing the common statutory provisions applicable to the bodies of the administrative secretaries of the state administrations and to certain similar bodies, as amended by Decree No. 97-996 of 23 October 1997 and Decree No. 2001-1239 of 19 December 2001;
Considering the advice of the ministerial technical committee of 25 September 2002;
The State Council (Finance Section) heard,
Decrete:
By derogation from the provisions provided for in Article 4 of Decree No. 94-1017 of 18 November 1994 referred to above, the administrative secretaries of the deconcentrated services of the Ministry of Equipment are recruited under the following conditions:
1° To elect, in the proportion of 20% of the jobs to be filled, by way of registration on a list of suitability after notice of the competent administrative commission, among the members of the administrative assistant bodies of the department responsible for equipment, justifying ten years of actual services in their bodies and older than forty years;
2° For 30% of the jobs to be filled through a professional examination open to members of the administrative assistants of the department responsible for equipment. Applicants must justify six years of effective service;
3° For 50% of the jobs to be filled, through two competitions under the conditions set out in articles 5 and 8 of Decree No. 94-1017 of 18 November 1994 referred to above; the proportion of jobs that can be filled through each competition is set at half of the total number of places offered to the competitions.
The competitive positions for one of the two contests provided for in the 3rd of Article 1 of this Decree and which are not filled by the nomination of candidates of the corresponding contest may be awarded to the candidates of the other contest.
The jobs that remained vacant as a result of the professional examination provided for in 2° of Article 1 of this Order are deferred to the Fitness List without the proportion of jobs offered on this path exceeding 25% of the jobs to be filled. When this proportion is reached, the available jobs are added to the number of jobs that can be filled by the competitions within the limits of the proportions set out in Article 1(3).
A joint order of the Minister responsible for equipment and the Minister responsible for the public service sets out the organizational arrangements, the nature and program of the professional examination tests.
Candidates received at the contests provided for in Article 1 of this Decree shall be appointed administrative secretaries interns under the conditions provided for in the first paragraph of Article 7 of Decree No. 94-1017 of 18 November 1994 referred to above; the provisions of article 7 relating to the internship shall apply to them.
Administrative secretaries recruited under the 1st and 2nd of Article 1 of this Decree shall be exempted from internship; they are held in accordance with the provisions of Articles 3, 4, 5, 6 and 7 of Decree No. 94-1016 of 18 November 1994 referred to above.
The Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister of Public Service, State Reform and Land Management, and the Minister Delegate for Budget and Budget Reform are responsible for the execution of this Order, each of which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Equipment, Transportation,
housing, tourism and the sea,
Gilles de Robien
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
