Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of 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 statutory provisions relating to the public service of the State;
Considering Act No. 90-8 of 2 January 1990 on the establishment of a third access route to the National School of Administration;
In light of amended Order No. 45-2283 of 9 October 1945 relating to the training, recruitment and status of certain categories of civil servants and establishing public service leadership;
In light of Order No. 2005-901 of 2 August 2005 relating to the conditions of age in the public service and establishing a new path of access to the careers of the territorial public service, the hospital public service and the state public service;
In light of amended Decree No. 86-442 of 14 March 1986 on the designation of accredited physicians, the organization of medical committees and reform committees, the conditions of physical fitness for admission to public employment and the sick leave of civil servants;
In view of Decree No. 2002-49 of 10 January 2002 on the missions, administration and financial regime of the National School of Administration, as amended by Decrees No. 2004-1134 of 22 October 2004 and No. 2005-355 of 18 April 2005;
Having regard to Decree No. 2002-50 of 10 January 2002, as amended by Decree No. 2004-313 of 29 March 2004 on conditions of access and training regimes at the National School of Administration;
Considering the opinion of the Supreme Council of the Public Service of the State dated 27 September 2005;
The State Council (Finance Section) heard,
Decrete:
The fifth paragraph of Article 1 of Decree No. 2002-50 of 10 January 2002 referred to above is replaced by the following provisions:
"To be allowed to compete, candidates must meet the conditions set out in sections 5 and 5 bis of the Act of 13 July 1983 referred to above. »
The second paragraph of Article 3 of the Decree is replaced by the following provisions:
"The terms and conditions for the registration of these contests and the opening date of the examinations, as well as the list of candidates admitted to participate, are set, each year, by order of the Minister for the Public Service.
The upper age limit provided for in sections 9, 15 and 19 is reduced or deleted, if any, according to existing legislation and regulations.
If a candidate who has been dismissed from one of the three contests by decision of the Minister for Public Service has obtained after the trial has commenced either the withdrawal of the decision or the cancellation of the decision, the age limit that is applicable to him is reduced by the time necessary to ensure that the number of contests to which he is allowed to present is not reduced by the decision withdrawn or cancelled. »
It is inserted, after Article 5 of the same decree, an article 5 bis written and follows:
"Art. 5 bis. - Written tests are anonymous. Each one is rated by two correctors. At least one of the correctors must be a member of the jury, except in the case of foreign language trials.
Oral interrogations are conducted by two examiners, at least one of whom is a member of the jury. However, foreign-language oral examinations may be noted by special examiners.
For each contest, the interview test is noted by the president and four other members of the jury.
The tests are rated from 0 to 20. »
Article 7 of the same decree is amended as follows:
1° The first paragraph is repealed.
2° The following paragraph is added:
"The candidate admitted to one of the entrance examinations to the National School of Administration who cannot be appointed for health reasons shall be subject, upon request, to a deferral of education until the beginning of the following promotion, pronounced by a decision of the Minister for Public Service on the advice of a registered physician and, where applicable, the appropriate medical committee. »
Article 9 of the same decree is replaced by the following provisions:
“Art. 9. - The external competition is open to candidates under the age of twenty-eight as of January 1 of the year of the competition, who hold a national degree at least three years of higher education and on a list prepared by decree of the Minister of Public Service, on the proposal of the board of directors of the school and after the advice of the Minister responsible for National Education. »
Section 10 of the same Order is repealed.
Article 12 of the same decree is replaced by the following:
“Art. 12. - The external competition includes eligibility tests and admission tests, the nature, duration, coefficients and organizational arrangements of which are determined by order of the Minister for Public Service. »
Article 13 of the same decree is repealed.
Article 14 of the same decree is replaced by the following provisions:
“Art. 14. - Among the tests provided for in section 12 is a physical exercise test. Each of the physical exercises is rated from 0 to 20.
The physical exercises required in these tests are assessed on two distinct scales of rating, set by order of the Minister for Public Service, applicable to one candidate and the other to the candidates.
A bonus of one point per year of age beyond twenty-seven years as of January 1 of the year of the contest is added, at the end of the different exercises and before calculating the average, to the overall total obtained by each candidate or candidate.
Candidates declared by a special commission unfit to undergo the physical exercise test are exempted from this trial by decision of the jury president. They shall be assigned a mark equal to the average of those obtained by candidates of the same sex who have undergone the physical exercise test. »
Article 15 of the same decree is amended as follows:
1° In the first paragraph, the words "aged from thirty-five years to January 1 of the year of the contest" are replaced by the words "aged from forty years to July 1 of the year of the contest".
2° The last paragraph is repealed.
Article 16 of the same decree is replaced by the following provisions:
“Art. 16. - The internal competition includes eligibility tests and admission tests, the nature, duration, coefficients and organizational arrangements of which are determined by order of the Minister for Public Service. »
Article 17 of the same decree is repealed.
Article 18 of the same decree is replaced by the following provisions:
“Art. 18. - Among the tests provided for in section 16 is a physical exercise test. Each of the physical exercises is rated from 0 to 20.
The physical exercises required in these tests are assessed on two distinct scales of rating, set by order of the Minister for Public Service, applicable to one candidate and the other to the candidates.
A bonus of one point per year of age beyond twenty-seven years as of January 1 of the year of the contest is added, at the end of the different exercises and before calculating the average, to the overall total obtained by each candidate or candidate.
Candidates declared by a special commission unfit to undergo the physical exercise test are exempted from this trial by decision of the jury president. They shall be assigned a mark equal to the average of those obtained by candidates of the same sex who have undergone the physical exercise test. »
The last paragraph of Article 19 of the Order is repealed.
Article 20 of the same decree is repealed.
Article 21 of the same decree is replaced by the following provisions:
“Art. 21. - The third competition includes eligibility tests and admission tests, the nature, duration, coefficients and organizational arrangements of which are determined by order of the Minister for Public Service. »
Section 22 of the same Order is repealed.
In the first paragraph of Article 23 of the same decree, the words: "by agreement with the director of the school" are replaced by the words: "by agreement with the school".
The first two paragraphs of section 25 of the Order are replaced by the following paragraph:
"Candidates to the preparatory cycle access test must present the age and seniority of service conditions enabling them to meet, at the first open competition after they enter this cycle, the obligations set out in the first paragraph of Article 15. They are divided into two categories: the first includes candidates holding at least one of the diplomas provided for in Article 9; the second includes candidates who do not hold one of these degrees. »
Article 26 of the same decree is replaced by the following provisions:
“Art. 26. - Tests for access to the preparatory cycle include, for each of the categories of candidates referred to in section 25, eligibility and admission tests whose nature, duration, coefficients and organizational arrangements are fixed by order of the Minister for Public Service. »
Article 31 of the same decree is amended as follows:
1° In the first paragraph, the words: "in the internal competition at the expiry of their period of study" are replaced by the words: "in the internal competition open the year of expiry of their period of study".
2° The second paragraph should read:
"However, in the event of illness, accident or maternity, the duration of the preparation cycle may be increased by one year by a decision of the Minister responsible for the public service made after notice by a registered physician and, where applicable, by the appropriate medical committee. »
In article 32 of the same decree, the words: "by agreement with the director of the school" are replaced by the words: "by agreement with the school".
Article 35 of the same decree is amended as follows:
1° The first paragraph is replaced by the following:
"The duration of the preparation cycle is one year for candidates holding at least one of the diplomas provided for in section 9 and, depending on their choice, one or two years for non-qualified candidates. »
2° In the second paragraph, the words: "after the advice of the medical committee of the National School of Administration" are replaced by the words: "after the advice of a registered physician and, where appropriate, the competent medical committee".
In the first paragraph of Article 36 of the Decree, the words: "the conditions set out in Article 5" are replaced by the words: "the conditions set out in Articles 5 and 5 bis".
In the last paragraph of section 37 of the same decree, the words "of written composition" are replaced by the words "of the proof of admissibility".
The first five paragraphs of Article 38 of the Order are replaced by the following:
"The selection includes an eligibility test and an admission test, the nature, duration and organizational terms are determined by order of the Minister responsible for the Public Service. »
The first paragraph of Article 42 of the Decree is replaced by the following provisions:
"The trainees of the preparation cycle are required to compete in the third competition on the expiry of their study period. They can attend this competition during the study period. »
Article 45 of the same decree is replaced by the following provisions:
“Art. 45. - The purpose of schooling at the National School of Administration is to train students in the administrative techniques and management methods necessary for the exercise of public service jobs.
It lasts twenty-four months. This period may be extended to twenty-seven months by order of the Minister responsible for the public service after notice of the board of directors, who must be taken before the start of the schooling.
Tuition is an alternate training between studies and internships. It has a common trunk and options. Each student studies two living languages.
Each student benefits, in the course of schooling, personalized balance sheets. All or part of the last balance sheet may be transmitted, after the last day of schooling, to the administration where the student was assigned, under conditions defined by order of the Minister responsible for the public service.
Upon completion of schooling, students are classified according to the evaluation notes of their internships and studies.
The rules of procedure of the school specify the terms and conditions of application of this section. »
Article 46 of the same decree is replaced by the following provisions:
“Art. 46. - The students' courses are:
1° With a French administration or jurisdiction or any other French public law body;
2° With a public or private enterprise, a private body of general interest or an associative body that carries out missions of general interest;
3° Or to an institution or service of the European Community or an organization attached to them, an international organization or an administration of a foreign state.
For each of the internships of a duration of four months or more, a jury composed of an outside personality at the school, designated by the director of the school, and the director of the internship assigns to each student a note of internship. The jury bases its assessment on the notation sheet prepared by the internship master, the information collected during the internship visits and the internship report prepared by the student. Before deciding, he hears each student; the Assistant Director of Internships participates in this hearing.
Each of the other courses is the subject of a separate notation by a jury of at least three persons, under conditions established by the school's rules of procedure. »
Article 47 of the same decree is replaced by the following provisions:
“Art. 47. - I. The procedure for organizing studies is defined by the school's rules of procedure.
II. - The lessons learned during the studies are the subject of a rating that can include work notes and grade test notes.
III. - The notes of work shall be decided, in accordance with the rules of procedure, by the director of the school, taking into account the proposals made by the lecturers.
IV. - The number of classification tests, the nature, the program and the coefficient of each of them are determined by the rules of procedure.
To assess the value of these trials, the director of the school is one or more panels including a president and at least two members. Special examiners may be appointed by the director of the school to assess certain tests.
No lecturer on the promotion to which interested students belong and those of the previous promotion may be a member of a jury or examiner. »
The first two paragraphs of Article 48 of the Decree are replaced by the following provisions:
"A general classification of students is based on the total points obtained by each of them. This total is calculated from the notes of internships, work and classification tests, according to the coefficients set by the rules of procedure. The sum of the coefficients assigned to the internship notes cannot be less than 30% of the total.
If two or more students have obtained the same total of points in the general classification, the student having obtained the best average on all the internship notes mentioned in section 46 is ranked first. »
In section 49 of the same decree, the words: "to redo the portion of the schooling devoted to education" are replaced by the words: "to redo all or part of the schooling".
It is created, after Article 49 of the same decree, an article 49 bis, as follows:
"Art. 49 bis. - A pupil who, without being recognized as valid and in spite of the director's stipulation, subtracts in any way to internships, work or tests that fall into account in the classification, is deemed to be resigned. This situation is noted by a decision of the Minister for Public Service, made on a proposal by the school director and after advice from the board of directors. »
Article 50 of the same decree is thus amended:
1° The first three paragraphs are replaced by the following:
"At least six months before the end of the schooling, a Prime Minister's order determines the number of jobs offered to students of the promotion in each of the bodies recruited through the school. For the civil administrators, he predicts their distribution by ministry. Within four months of the issuance of this Order, the competent ministers shall provide the Minister responsible for the Public Service with a description of the intended employment for the purposes of section 5 bis of the Act of 13 July 1983 referred to above.
Subject to the provisions of Article 5 bis of the Act of 13 July 1983 referred to above, students shall choose, according to their classification order, their assignment bodies and, for those who choose the body of civil administrators, their assignment ministry. They are assigned to them by order of the Minister for Public Service, provided that they have signed the commitment to serve as of their appointment for at least ten years."
2° It is added a last paragraph as follows:
"For the purposes of the preceding paragraphs, an assessment of the opening or closing of employment to community nationals under section 5 bis of the Act of 13 July 1983 shall be determined by a decision of the Minister for Public Service, after the advice of the competent minister. »
Article 51 of the same decree is replaced by the following provisions:
“Art. 51. - When, as a result of successive leave of any kind other than the annual leave, consecutive or non-annual leave, the schooling of a student has been interrupted for at least three months, the director obliges him to complete a new schooling in the conditions set out in Title III of this decree; from the date on which his or her statutory leave entitlements are exhausted, the student is placed in leave without pay until the date on which his or her school is resumed. However, the director may, when he or she considers that educational requirements do not oppose it, authorize the student to renew only part of his or her education. In this case, the grades assigned to the student during the renewal period are substituted for the notes obtained previously in the corresponding period of schooling. »
Article 52 of the same decree is replaced by the following provisions:
"Art. 52. - A student who, for any reason, does not complete his or her education or who does not sign the undertaking provided for in section 50 is deemed to be a resigning student. This situation is noted by a decision of the Minister for Public Service, made on a proposal by the school director and after advice from the board of directors.
He may be denied the quality of a former student of the National School of Administration by decision of the school director made after advice from the board of directors. »
In section 53 of the same decree, the words: "treatment and compensation" are replaced by the words: "treatment and training allowances".
Article 54 of the same decree is replaced by the following provisions:
“Art. 54. - The National School of Administration provides a permanent training mission, organized for the benefit of French and foreign beneficiaries.
In this capacity, it develops and implements programs that aim to master administrative techniques and deepen management methods, in a comparative dimension of administration.
It forms part of European and international issues. It prepares for competitions for recruitment of European institutions.
The nature and modalities of the various permanent training cycles organized under this rule shall be determined by the rules of procedure. »
Article 55 of the same decree is replaced by the following provisions:
"Art. 55. - In the case of French beneficiaries, the school provides for the permanent training mission provided for in the last paragraph of Article 7 of amended Decree No. 99-945 of 16 November 1999 on the special status of the civil administrators, as well as any training activities related to the taking of new responsibilities by civil servants. »
Article 56 of the same decree is repealed.
The title V of the same decree is replaced by the following title:
« TITRE V
" INTERNATIONAL TRAINING"
Article 57 of the same decree is replaced by the following provisions:
"Art. 57. - The school may admit foreign nationals to participate in courses of study or development or in courses organized in France or abroad.
Registration in these international cycles may be subject to the payment of tuition fees, under the conditions prescribed by the rules of procedure. »
The first two paragraphs of Article 58 of the Order are replaced by the following:
"The nature, organization and content of the training actions carried out under the previous article, as well as the conditions of admission and the methods of evaluation that apply to it, are set by the school principal in accordance with the rules of procedure.
These actions for foreign beneficiaries may be, in whole or in part, joint with the training activities organized elsewhere by the school, under the conditions provided by the rules of procedure. »
Section 59 of the same Order is repealed.
Article 60 of the same decree is replaced by the following provisions:
"The Orders of the Minister for Public Service under Articles 2, 3, 4, 5, 7, 12, 16, 21, 26, 27, 28, 29, 30, 37, 38, 40, 41 and 50 are published in the Official Journal of the French Republic. »
This Order applies to students and trainees commencing on January 1, 2006.
If a pupil of a promotion governed by Decree No. 2002-50 of 10 January 2002 referred to in his or her earlier writing to this decree is required to renew all or part of his or her education as of 1 January 2006, he shall follow the tuition applicable to the promotion to which he or she is attached pursuant to Article 49 of this Decree in his or her writing after Article 32 of this Decree. The same is true for a student admitted, pursuant to article 51 of the same text, to resume schooling.
The Minister of Economy, Finance and Industry, the Minister of Public Service and the Minister for Budget and State Reform, the spokesperson for the Government, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 December 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Economy,
finance and industry,
Thierry Breton
The Minister of Public Service,
Christian Jacob
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
