Key Benefits:
The Prime Minister,
On the report of the Minister of National Education,
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 le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 2005-1191 of 21 September 2005 amended on the evaluation and appraisal of some officials of the Ministry of National Education, Higher Education and Research;
Vu le Decree No. 2006-257 of 3 March 2006 Amending the conditions for the integration of incumbent agents and the titularization of non-members of the departmental community of Mayotte and of the administrative public institutions of Mayotte whose missions are carried out by the ministers responsible for national education or higher education in bodies of categories A, B and C of the public service of the State;
Vu le Decree No. 2006-1760 of 23 December 2006 amended with respect to the common statutory provisions applicable to the administrative units of the State administrations;
Considering the advice of the Department of National Education's Departmental Joint Technical Committee dated 9 July 2008;
The State Council (Section of Administration) heard,
Decrete:
The body of the administrative assistants of national education and higher education is created. It is governed by the provisions of decree of 23 December 2006 referred to above and those of this decree. Its management is provided by the Minister for National Education.
Integrated, for the initial constitution of the body of the administrative assistants of national education and higher education, the administrative assistants of central administration and the administrative assistants of the decentralized services of the Ministry of National Education.
Interested persons are reclassified to grade and level identity, with retention of acquired seniority.
They retain the benefit of the oldness reductions granted in their former body.
Services performed in the bodies of the Administrative Assistants of Central Administration and the Administrative Assistants of the Deconcentrated Services of the Ministry of National Education are assimilated to services performed in the body of the Administrative Assistants of National Education and Higher Education.
I. ― Officials belonging to the corps of the administrative assistants of central administration and those belonging to the body of the administrative assistants of the deconcentrated services of the Ministry of National Education in the other of these two bodies are integrated into the new body of the administrative assistants of national education and higher education, taking into account their situation in their detachment body or, if it is more favourable to them, in their original body.
II. - Officials belonging to another body than the two bodies mentioned in the I detached in one of these bodies are placed, for the duration of their remaining detachment to run, in the detachment position in the body of the administrative assistants of national education and higher education taking into account their situation in their detachment body.
However, under the original constitution of the new body and by derogation from the time limit set out in theArticle 16 of the Decree of 23 December 2006 referred to above, the Minister for National Education may, at the request of public servants who are seconded in any of the former bodies referred to in I, carry out their direct integration into the new body of the administrative assistants of national education and higher education before the end of their detachment under the same conditions as those of those former bodies provided for in I.
III. - The services performed in the detachment position in one of the two bodies mentioned in I by the officials mentioned in I and II are assimilated to services performed in detachment in the new body of the administrative assistants of national education and higher education.
Interested persons retain the benefit of the oldness reductions granted in the body in which they were detached or, if any, in the original body, if taken into account the situation in that body during the integration.
The Administrative Assistants of the Central Administration and the Administrative Assistants of the Deconcentrated Services of the Ministry of National Education Interns continue their training in the body of the Administrative Assistants of National Education and Higher Education as Administrative Assistants Interns.
Access to the body of the administrative assistants of the central administration of the Ministry of National Education and to the body of the administrative assistants of the deconcentrated services of the same department whose opening order was published before the date of entry into force of this decree continues until their end. The winners of these contests, whose appointment has not been made in the body to which the contest gives access before the date of entry into force of this decree, may be appointed as interns administrative assistants in the body of the administrative assistants of national education and higher education.
Complementary lists prepared by the jury of the contests mentioned in the first paragraph may be used to fill vacancies in the body of the administrative assistants of national education and higher education.
Contractual agents recruited under theArticle 27 of the Act of 11 January 1984 referred to above and which are intended to be titularized either in the body of the administrative assistants of the central administration of the Ministry of National Education, or in the body of the administrative assistants of the deconcentrated services of the same ministry are held in office and are intended to be held in the body of the administrative assistants of national education and higher education.
The progress tables for the year 2009 for access to the ranks of Administrative Assistant of 1st Class, Principal Administrative Assistant of 2nd Class and Principal Administrative Assistant of 1st Class of the Corps of Administrative Assistants of Central Administration and Administrative Assistants of the Deconcentrated Services of the Department of National Education remain valid until December 31, 2009 under the body of the Administrative Assistants of the National Education Department.
I. ― Until the establishment of the national parity administrative commission of the body of the administrative assistants of national education and higher education created by this decree, which shall intervene within one year from the date of entry into force of this decree or within the time limits established by the provisions of the Decree of 28 May 1982the representatives of the National Joint Administrative Committees of the Corps of the Central Administrative Assistants of the Ministry of National Education and the Corps of the Administrative Assistants of the Decentralized Services of the same Ministry are held in office and sit in joint training.
II. - Until the installation of the academic parity administrative boards of the body of the administrative assistants of national education and higher education created by this decree, which will take place within one year from the date of entry into force of this decree or within the time limits established by the provisions of the Decree of 28 May 1982, representatives of the Academic Joint Administrative Committees of the body of the Administrative Assistants of the Deconcentrated Services of the Ministry of National Education are held in office.
In both correspondence tables decree of 3 March 2006 referred to abovethe words: "Personals exercising the functions referred to in Article 2 of the above-mentioned Decree of 1 August 1990" are replaced by the words: "Personals exercising the functions referred to in Article 4 of Decree No. 2006-1760 of 23 December 2006 relating to the common provisions applicable to the bodies of administrative assistants of the state administrations" and the words: "Administrative assistant of the decentralized services" are replaced by the words:
The 3rd of the II of Article 17 of the above-mentioned Decree of 23 December 2006 is abolished.
The Schedule to the above-mentioned Order of September 21, 2005 is amended as follows:
I.-The 4°, 5°, 6°, 7°, 13°, 15°, 16° and 17° are deleted.
II.-The 12th is replaced by the following:
"12° Administrative assistants of national education and higher education, governed by the Decree No. 2006-1760 of 23 December 2006 amended with respect to the common statutory provisions applicable to the bodies of administrative assistants of the state administrations. »
III.-The 14th is replaced by the following:
« 14° Corps governed by the Decree No. 91-462 of 14 May 1991 Amending the statutory provisions applicable to the body of the technical assistants of the educational institutions of the Ministry of National Education and the body of the national education technicians. »
IV.-The 19th is replaced by the following:
"19° Laboratory technical assistants of educational institutions under the Ministry of National Education, governed by the Decree No. 2006-1762 of 23 December 2006 amended with respect to the common statutory provisions applicable to the bodies of laboratory technical assistants of the state administrations. »
V.-The 28° is replaced by the following:
"28° Libraries stores, governed by the Decree No. 88-646 of 6 May 1988 amended with respect to the statutory provisions applicable to the library store bodies. »
The provisions of this Decree shall take effect on 1 January 2009.
The Minister of National Education, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for the Public Service 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 19, 2008.
François Fillon
By the Prime Minister:
Minister of National Education,
Xavier Darcos
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
