Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice, Minister of the Interior, Overseas and Territorial Authorities and Minister of Budget, Public Accounts and Public Service,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2001-616 of 11 July 2001 amended on Mayotte, including its article 64-1;
Vu le Decree No. 2003-466 of 30 May 2003 of the Registrars of Judicial Services, as amended by Decree No. 2005-318 of 30 March 2005 ;
Vu le Decree No. 2005-1228 of 29 September 2005 relating to the organization of careers of Category C officials, as amended by Decree No. 2006-1458 of 27 November 2006 ;
Vu le Decree No. 2006-1760 of 23 December 2006 relating to the common statutory provisions applicable to bodies of administrative assistants of State administrations, as amended by the Decree No. 2007-655 of 30 April 2007 ;
Considering the advice of the ministerial technical committee of 20 November 2006;
Considering the referral for Mayotte's advice of October 25, 2006;
The State Council (Finance Section) heard,
Decrete:
Non-members of the departmental community of Mayotte fulfilling the conditions set to III of section 64-1 of the above-mentioned Act of 11 July 2001carrying out judicial services missions of the Ministry of Justice and classified:
1° Either within the CAP contract grid, at least at the 8th level;
2° Either within the BEP contract grid, at least at the 6th level;
3° Either within the BAC contract grid, at least at the 5th level;
4° Either, in a higher indiciary grid,
shall be held, upon request, in the body of the clerks of the judicial services or in the body of the administrative assistants of the judicial services, under the conditions set out in articles 2 to 4.
The host body referred to in the preceding paragraph is determined in accordance with the correspondence table annexed to this Order.
The officers referred to in section 1 may access the Clerks of Judicial Services by professional examination.
This professional examination is open to candidates with one of the titles or diplomas provided for in the statutory provisions relating to the recruitment of clerks by the external channel.
The general organization, nature and program of the professional examination tests are determined by joint order of the Seal Guard, Minister of Justice, and the Minister of Public Service.
The procedure for organizing the professional examination as well as the composition of the jury shall be determined by order of the Seal Guard, Minister of Justice.
The officers referred to in Article 1 may access the body of the administrative assistants of the judicial services by way of registration on a suitability list, after notice of the competent administrative board.
The titularizations are pronounced by order of the Seal Guard, Minister of Justice.
During their tenure, the officers are classified in the basic grade of the host body, at a level determined in accordance with the provisions of the particular status of that body.
When the overall gross annual remuneration resulting from the application of their new status is less than that they received in their former employment, the officers are entitled to a personal compensatory allowance.
In no case shall the cumulative amount of the compensatory allowance and compensation be greater than the pay for the highest grade of the body to which the persons concerned are entitled.
This allowance is resorbed as a result of increases in pay resulting from the advancements enjoyed by the persons concerned in their host bodies.
The elements to be taken into consideration in determining the compensatory allowance allocated under section 5 are, with the exception of the cost representative allowances:
1° On the one hand, the overall remuneration prior to titularization, which includes the increased gross remuneration of the premiums and allowances that constitute the accessory, including, where applicable, the additional work allowances;
2° On the other hand, the overall remuneration resulting from the titularization, which includes the increased gross indiciary salary of the residence allowance and the allowances and allowances that are the accessory, including, where applicable, additional work allowances.
The Minister of the Interior, the Overseas and Territorial Communities, the Guard of Seals, the Minister of Justice, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for the Overseas and the Secretary of State for the Public Service 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.
A N N E X E
CORRESPONDANCE TABLE
| Non-registrants recruited on the basis of individual Category B contracts and classified as: 1° Either within the BAC + 2 contractual grid, at least at the 3rd level; 2° Either, in a higher indiciary grid. | Functions corresponding to those of the host body. | Registrar of Judicial Services. |
| Non-registrants recruited on the basis of individual C-level contracts and classified as: 1° Either within the CAP contract grid, at least at the 8th level; 2° Either within the BEP contract grid, at least at the 6th level; 3° Either within the BAC contract grid, at least at the 5th level; 4° Either, in a higher indiciary grid. | Functions corresponding to those of the host body. | Administrative assistants of judicial services. |
Done in Paris, December 3, 2007.
François Fillon
By the Prime Minister:
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Interior, Overseas
and territorial authorities,
Michèle Alliot-Marie
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
loaded with the overseas,
Christian Estrosi
Secretary of State
Public Service,
André Santini
