Key Benefits:
The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence Code (Legislative Party)including Book I and Book II of Part 4;
In view of Decree No. 2008-961 of 12 September 2008 concerning the military engaged;
Vu le Decree No. 2008-939 of 12 September 2008 relating to officers under contract;
In view of Decree No. 2008-953 of 12 September 2008 on the special status of the corps of non-commissioned officers and marine officers of the military and the technical and administrative support of the national gendarmerie;
In view of Decree No. 2008-952 of 12 September 2008 on the special status of the corps of non-commissioned officers;
In view of Decree No. 2008-954 of 12 September 2008 on the special status of non-commissioned officers of the service of the essences of the armed forces;
Having regard to the advice of the Supreme Council of the Military Function of 13 December 2006;
The State Council (Finance Section) heard,
Decrete:
The provisions of this Decree shall apply to military students of military schools of career cadets, subject to the provisions provided for by the special statutes of the corps of career officers.
The provisions of this Decree shall not apply:
1° To medical students, pharmacists, veterinarians, surgeon-dentists of schools of the military health service;
2° To the French students of the Polytechnic School;
3° To the weapons engineers.
Vocational cadets are, upon admission to military schools of career cadets and subject to the provisions of this decree, subject to the regulations applicable to military personnel engaged. They continue, if any, their education as a contract officer when they are appointed to an officer's rank.
By derogation from the previous paragraph, when they are admitted to military school of career cadets:
1° Non-commissioned officers and marine career officers shall remain subject to the regulations applicable to non-commissioned officers and marine career officers, subject to the provisions of this decree;
2° Contracted officers shall, subject to the provisions of this Decree, remain subject to the regulations applicable to contracted officers. They are granted, if any, an extension of their long-term contract covering the end of the schooling.
Career officer students who are not from contracted officers are appointed aspiring from their admission to school. They are appointed, if any, in the course of their schooling, to the rank of sub-lieutenant or second-class shipmaster.
Appointments to the rank of aspirant, sub-lieutenant or second-class ship's badge are made on a temporary basis, as per the provisions of Article L. 4134-2 of the Defence Code.
When career officer students are already engaged at the time of their admission to school, they resiliate this commitment and sign a new contract of engagement that takes effect on the date of admission to school.
Civil public officials who subscribe to the Article 2 commitment are placed, for the duration of the schooling, in the detachment position, for public servants, and in the leave position for personal convenience, for non-custodial agents.
Career officer students may terminate their education for a period fixed by order of the Minister of Defence. This period cannot exceed the first six months of training.
During their admission to school, career officer students apply for admission to the status of a career officer following their studies and undertake to serve as a career officer for a period of time, fixed by a decree of the Minister of Defence, between six and eight years.
During this period, the resignation of the persons concerned can only be accepted on exceptional grounds.
Acceptance of the resignation of a career officer is pronounced by an order of the Minister of Defence.
Career officer students are subject to the rules of procedure of their school established by the Minister of Defence.
The rules of procedure specify the regime of permissions applicable to career cadets and their living conditions at school.
They are subject to the disciplinary regime Articles R. 4137-9 to R. 4137-113 of the Defence Code.
An instructional board is established in each military school of career cadets.
The instruction board shall include:
1° The school commander, president;
2° The second commander or the deputy commander of the school;
3° Officers in charge of the Directorates of Studies and Military Training in the School;
4° A school teacher or instructor designated by the school commander.
The head doctor of the school sits on the board with an advisory voice.
The council meets in private on the convocation of the school commander.
The opinion of the board of instruction is expressed by a majority of votes. In the event of equal sharing of votes, the president's voice is preponderant.
The school commander may summon, with an advisory vote, any person whose presence on the board of instruction is deemed to be useful.
Subject to the advice of the board of inquiry:
1° In the event of insufficient school results, proposals for repetition of a school year, exclusion of the school and termination of contract;
2° Proposals for change of direction.
The student career officer concerned is, in all cases, summoned by the instruction board. He may ask to be assisted by a member or a teacher of his choice.
The school commander shall forward the advice of the council for decision to the Minister of Defence.
I. ― Disciplinary Council, provided by theArticle L. 4137-3 of the Defence Code, to which a student is a career officer includes three members of the school in an activity position and not beneficiaries of one of the leave provided for in the schoolarticle L. 4138-2 of the same code :
1° A superior officer, president;
2° A captain or ship lieutenant who does not participate in the supervision of the year of study followed by the comparator;
3° A student career officer of the same rank as the comparator.
II. ― When several school career officers are involved in the same case, they appear before a single discipline board that includes:
1° Two superior officers, the president being the oldest in the highest rank;
2° For each comparant, a career officer student of the same rank as the comparant.
III. ― When career cadets in a school are involved in the same matter with other military personnel, career cadets and other military personnel appear before a single discipline board composed under the conditions set out in theArticle R. 4137-64 of the Defence Code. For each student career officer, the member referred to in 2° of section R. 4137-64 of the same code is a student career officer of the same rank as the student.
I. ― The Board of InquiryArticle L. 4137-3 of the Defence Code to which a career officer student appears includes five members of the school in an activity position and not beneficiaries of one of the leave provided for in the schoolarticle L. 4138-2 of the same code :
1° Three senior officers, the president being the oldest in the highest rank;
2° A captain or ship lieutenant who does not participate in the supervision of the year of study followed by the comparator;
3° A student career officer of the same rank as the comparator.
II. ― When several school career cadets are involved in the same case, they appear before a single board of inquiry that includes:
1° Four senior officers, the president being the oldest in the highest rank;
2° For each comparant, a career officer student of the same rank as the comparant.
III. ― When career cadets in a school are involved in the same matter with other military personnel, career cadets and other military personnel appear before a single investigative board composed under the conditions set out in theArticle R. 4137-86 of the Defence Code. For each student career officer, the military personnel provided for in 2° of section R. 4137-86 of the same code are a master or ship's lieutenant who does not participate in the supervision of the year of study followed by the comparant and a student career officer of the same rank as the comparant.
When comparators are only career officer students, the establishment of the order of sending, the formation and appointment of members of the disciplinary council and the board of inquiry, and the appointment of the rapporteur of the board of inquiry shall be carried out by the second-level military authority of the school.
In the event of failure in school, the time spent at school is taken into account in calculating the seniority of grade and service of any career officer student who subscribes a new commitment.
I. ― Career officer students from non-commissioned officers or career marine officers pursue their careers with the rank of non-commissioned officer or marine officer they hold when they leave school.
II. ― Career officer students from aspirants, non-commissioned officers or hired marine officers are entitled, upon their request, to enrol with the rank previously held at the admission to school a new contract of engagement, whose term cannot be preceded by the contract of engagement held by the individual, prior to his admission to school.
III. ― Career officer students from the ranked military are allowed, on their application, to enrol with the rank previously held at the admission to school a new contract of engagement, the term of which cannot be preceded by the term fixed by the contract of engagement held by the person concerned, prior to his admission to school. They are allowed, if any, to subscribe upon application approved by the Minister of Defence, a new contract of engagement with the rank of sergeant or second master.
IV. ― Career officer students who were not military prior to their admission to school are allowed to subscribe, upon application approved by the Minister of Defence, to a degree of aspirant.
V. ― It is terminated the detachment of public servants and the engagement of non-registrant agents, in the event of failure in school.
I. ― Career officer students from contracted officers go to the end of their contract. They are entitled to enter into a new contract, if any, upon application approved by the Minister of Defence.
II. ― Career officer students from non-commissioned officers or career marine officers pursue their career with the rank of non-commissioned officer or marine officer they hold when they leave school. They are allowed to subscribe, if any, on a request approved by the Minister of Defence, a contract of officer under contract to the rank of second-class shipmaster or shipmaster.
III. ― Career officer students from aspirants, non-commissioned officers or hired marine officers are entitled, upon their request, to enrol with the rank previously held at the admission to school a new contract of engagement, whose term cannot be preceded by the contract of engagement held by the person concerned, prior to his admission to school. They are allowed to subscribe, if any, on a request approved by the Minister of Defence, a contract of officer under contract to the rank of second-class shipmaster or shipmaster.
IV. ― Career officer students from the rank of the military are entitled, upon request, to enter into a contract of engagement with the rank of sergeant or second master. They are allowed to subscribe, if any, on a request approved by the Minister of Defence, a contract of officer under contract to the rank of second-class shipmaster or shipmaster.
V. ― Career officer students who were not military prior to their admission to school are allowed to enter, upon application approved by the Minister of Defence, a new contract for an officer under contract at the inmate grade.
VI. ∙ The detachment of officials and the engagement of non-registrant officers shall be terminated in the event of non-admission to the status of a career officer. Interested persons are entitled to enter into a contract with the rank of inmate upon application approved by the Minister of Defence. Staff members are placed in a detachment position. Non-registrants may apply for leave for personal convenience under the conditions established by the regulations in force.
Reimbursable:
1° Under the conditions set out in article 17, the career cadets leaving school before the end of the schooling;
2° Under the conditions set out in section 18, career officers.
However, by a decision of the Minister of Defence, reimbursement is not due if the interruption of the schooling or the total or partial non-performance of the commitment to serve are not attributable to the persons concerned.
Career officer students who, with the exception of those mentioned in section 4, leave the school before the end of the school are required to reimburse the sum of the remuneration they received during their schooling.
However, the reimbursement action is delayed for former career cadets who, within a maximum period of one year after their departure from the school, subscribe to a military engagement or occupy permanent employment in the public service or in a military corps. The waiver of reimbursement of the outstanding amounts is definitively acquired when the persons concerned justify having performed such services on an ongoing basis as to the time spent in school.
Career officers who do not meet the commitment provided for in section 5 are required to reimburse training fees.
Reimbursement of training fees is delayed for career officers who are in permanent employment in the public service. The waiver of reimbursement of the outstanding amounts is definitively acquired when the persons concerned justify having carried out such a continuous use of the services of the duration required to complete the commitment.
Reimbursement, if any, of career officers varies depending on the time spent at the State service and bears, in accordance with the table below, all or a fraction of the sum of the remuneration received during the course of the schooling:
| Less than 2 years | 100 | 100 | 100 |
| 2 years to less than 3 years | 80 | 85 | 100 |
| 3 years to less than 4 years | 60 | 70 | 85 |
| 4 years to under 5 years | 40 | 55 | 70 |
| 5 years to less than 6 years | 25 | 40 | 55 |
| 6 to under 7 years | 0 | 25 | 40 |
| 7 years to under 8 years | 0 | 0 | 25 |
Career cadets in civil life are subject to the requirement of availability under Title III of Book II of the Defence Code. They are admitted to the reserve with the grade they held in school.
Are repealed:
1° Effective 1 August 2009: the provisions of Decree No. 78-721 of 28 June 1978 stipulating certain provisions applicable to students in military career training schools, with the exception of c of 2° of II of Article 11;
2° Effective August 1, 2010: the provisions of the second paragraph of Article 11 of the same Decree.
The Minister of Defence, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for the Public Service are responsible for the execution of this decree, which will be published in the Official Gazette of the French Republic and will enter into force on 1 August 2009.
Done in Paris, September 12, 2008.
François Fillon
By the Prime Minister:
Minister of Defence,
Hervé Morin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
