Key Benefits:
The Seal Guard, Minister of Justice,
Vu la Act No. 83-634 of 13 July 1983 amended to ensure the rights and obligations of civil servants;
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 95-125 of 8 February 1995, in her article 20concerning the organization of jurisdictions and civil, criminal and administrative proceedings and the creation of legal assistants;
See?Order No. 2005-901 of 2 August 2005 relating to age conditions in the public service and establishing a new path for access to the careers of the territorial public service, the hospital public service and the state public service (PACTE);
Vu le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 86-83 of 17 January 1986 amended on general provisions applicable to non-State agents;
Vu le Decree No. 95-979 of 25 August 1995 amended on the recruitment of disabled workers in the public service taken for the purposes of article 27 of Act No. 84-16 of 11 January 1984 referred to above;
Vu le Decree No. 96-513 of 7 June 1996 concerning the recruitment of justice assistants, as amended by Decree No. 2008-1159 of 10 November 2008;
Having regard to Decree No. 2005-902 of 29 August 2005 pursuant to Article 22 bis of Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State,
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A competent parity advisory board shall be established in the Ministry of Justice with respect to non-registrants recruited on the basis of articles 3 (2°, 3° and 6°), 4, 6, 22 bis and 27 of the Act of 11 January 1984 referred to above, and Decree of 7 June 1996, according to the central and decentralized services of the judicial services as well as the National School of Registry.
This commission is placed with the Director of Judicial Services.
The Joint Advisory Committee is composed of an equal number of representatives of the administration and staff representatives.
The number of staff representatives is defined as follows:
1° When the number of non-registrants is less than twenty, the number of staff representatives is a incumbent member and an alternate member;
2° When the number of non-registrants is greater than or equal to twenty-one thousand, the number of staff representatives is two incumbent members and two alternate members;
3° When the number of non-registrants is greater than or equal to one thousand and less than five thousand, the number of staff representatives is three incumbent members and three alternate members;
4° Where the number of non-registrants is greater than or equal to five thousand, or when it is a single-grade body whose strength is greater than or equal to one thousand, the number of staff representatives is four incumbent members and four alternate members.
Members of the parity advisory board are appointed for a period of three years. Their mandate can be renewed.
However, the duration of this mandate may be exceptionally reduced or extended, in the interest of the service, for all members of the commission by order of the security guard, Minister of Justice. These reductions or extensions may not exceed one year.
During the renewal of the parity advisory board, the new members shall be based on the date on which the term of office of the members to whom they succeed is terminated.
The representatives of the administration, the incumbent and alternate members of the parity advisory board, coming, during the above-mentioned three-year period, as a result of the resignation of the administration or their term as a member of the said commission, of long-term leave under theArticle 34 of the Act of 11 January 1984 referred to above, lay-off or for any other cause, to cease the functions in which they were appointed shall be replaced under the conditions set out in section 7 below. The term of office of their successors expires in this case during the renewal of the commission.
Staff representatives, incumbent and alternate members of the parity advisory board, coming within the above-mentioned three-year period as a result of termination of the contract, resignation of their contract or term as a member of the commission, leave without pay or leave of serious illness for more than six months, to cease the functions for which they were appointed are replaced under the conditions set out in Article 6 below. The term of office of their successors expires in this case during the renewal of the commission.
The replacement of staff representatives who are unable to perform their duties on any of the grounds listed in section 5 above shall be as follows:
(a) If it is a incumbent representative, the first alternate is appointed as the incumbent representative and is replaced by the first unelected candidate remaining on the same list;
(b) If it is an alternate representative, it is replaced by the first unelected candidate remaining on the same list.
Where a list is unable to provide, under the conditions provided for in the two preceding paragraphs, for the seats of a member or an alternate member to whom it is entitled, the seats left vacant shall be allocated in accordance with the procedure provided for in Article 18 below where the duration of the remaining term of office is less than or equal to the third of the period provided for in Article 3 of this Order. Where the remaining term of office is greater than one-third of the duration provided for in Article 3 of this Order, the renewal of the members of the Commission for the remainder of the term of office shall be carried out under the conditions set out in Articles 8 to 22 below.
Representatives of the administration, holders or alternates, shall be appointed by order of the Seal Guard, Minister of Justice, within fifteen days of the proclamation of the results of the elections under sections 8 to 22 of this Order.
They are selected from staff performing category functions A to the Ministry of Justice or among non-public law officers serving at the level equivalent to those held by officials authorized to serve, but they may not be chairing the commission.
Except in the case of an early renewal of the commission, the elections to the parity advisory committee established by this Order shall take place not less than four months and not less than two months before the expiry date of the term of office of the members in exercise, as determined in Article 3 above.
The date of the election is set by order of the seal guard, Minister of Justice.
The officers referred to in section 1 of this Order shall be electors under the parity advisory board who meet the following cumulative conditions:
1° Rationale for an indeterminate contract or a fixed-term contract of a minimum of one year or more, in the course of execution on the date of the election, whose remaining duration to be run on that same date is at least two months;
2° Being, on the date of the election, in office for at least two months;
3° Being, on the date of the election, in activity or on parental leave.
It is specified that for fixed-term contracts renewed the date to be used to assess the seniority condition is the date of assuming the initial contract.
Without prejudice to the rights they retain in their original administration, incumbent civil servants who are seconded in a contract job are electors in their detachment job.
The list of electors called to vote is stopped by the Director of Judicial Services. It is posted in the voting section in courts and services not less than 15 days before the voting date.
Within eight days of the publication of the lists, electors can verify the registrations and, where applicable, submit applications for registration.
Within the same period and for three days from its expiry, claims may be made against registrations or omissions on the list of electors.
The Seal Guard, Minister of Justice, shall decide promptly on the claims.
Members eligible to be registered on the list of electors of that commission shall be eligible under the parity advisory board.
However, may not be elected or agents on severe sick leave under theArticle 13 of Decree No. 86-83 of 17 January 1986, those placed for any cause in leave without pay, or those affected by one of the incapacities imposed by the Articles L. 5 to L. 7 of the Electoral Code, neither those with disciplinary action, nor those who have been struck by a temporary exclusion of duties under theArticle 43-2 of Decree No. 86-83 of 17 January 1986unless they have been amnestied or relieved of their sentence.
Each list of candidates includes as many names as there are incumbent and alternate positions.
They must be filed by trade union organizations with the Director of Judicial Services at least six weeks before the date fixed for the elections and be named as a delegated agent of the list, authorized to represent the candidate trade union organization in all electoral operations.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
No list may be filed or amended after the deadline for the previous article.
However, if, within three free days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the above-mentioned three-day period, make any necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
Where the admissibility of one of the lists is not recognized by the administration, the three-day time limit set out in the second paragraph above shall be limited to the list only after the notice of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to provisions of the sixth paragraph of Article 14 of Act No. 84-16 of 11 January 1984 referred to above.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 19 of this Order shall be used.
No withdrawal of nominations may be effected after the nomination of applications.
The ballots and envelopes are prepared at the expense of the administration, based on a model model provided by the administration.
Voting bulletins and envelopes are transmitted by the administration to non-registrants on the list of electors.
A central polling station is formed for the election. It proceeds to count the ballot and proclaims the results. It includes a president and secretary appointed by the Seal Guard, Minister of Justice, as well as a delegate from each list in attendance.
The vote is held by secret ballot and under envelope.
Electors can only vote for an entire list without delisting or adding names and without changing the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote is by correspondence. The voting material includes a set of three envelopes and a ballot for each list of candidates, prepared by the administration according to a model.
The elector inserts his ballot in an envelope No. 1 which shall not bear any mention to determine its origin. It places this envelope n° 1 previously cached in a second envelope entitled "Parity Advisory Commission" on which its name, first name, assignment and signature are registered. This fold No.2, also hidden, is sent by post under a third envelope No. 3 to the management of the judicial services, in the envelope labeled for this purpose.
Envelopes sent by electors must be sent to the central polling station by the day of the poll and before the polling time.
On the day of the election and after the polling closes, the president of the polling station opens envelope No. 3 and then envelope No. 2 bearing the name and signature of the voter, starts the list of electors and deposits in the ballot box No. 1 containing the ballot.
The central polling station notes the total number of votes and determines the total number of valid votes cast, as well as the number of votes obtained by each list.
It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected.
The seats of staff representatives to the parity advisory board shall be allocated to the proportion as follows:
(a) Each list is entitled to as many seats as a incumbent representative as the number of votes collected by it contains the electoral quota. Any remaining incumbent seats are allocated according to the highest average rule. The designation of the incumbent representatives is made in the order of presentation of the list;
(b) In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question have collected the same number of votes, the seat is assigned to one of them by drawing lots. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
A new ballot shall be taken when no list has been filed by the representative trade union organizations or when the number of voters, recorded by the central polling station on the basis of the elections, is less than half the number of registered electors.
If the number of voters is less than half the number of registered electors, the count of the first ballot is not proceeded.
This new ballot shall be held within a period of not less than six weeks or more than ten weeks from either the deadline for filing under Article 12 where no representative trade union organization has submitted a list, that is, the date of the first ballot when participation in that election has been below the rate set above.
For this second ballot, any trade union organization may file a list.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
A record of the electoral operations shall be drawn up by the central polling station and transmitted immediately to the security guard, Minister of Justice, and to the officers authorized to represent the lists of candidates under the conditions set out in section 12 of this order.
Disputes on the validity of electoral transactions are brought, within five days of the proclamation of the results, to the Seal Guard, Minister of Justice, unless recourse to administrative jurisdiction.
The parity advisory commission established by this Order is obligatoryly consulted on individual decisions relating to terminations occurring at the expiry of the trial period and disciplinary sanctions other than warning and blame.
The Commission may be consulted, upon request of the concerned, on any individual matters relating to the professional situation of non-registrant agents, including:
- terminations;
- refusal of leave for union training;
- refusal of leave for vocational training;
refusal of leave without pay for family or personal reasons;
― refusal to authorize a part-time service and individual litigation relating to part-time conditions.
The Joint Advisory Committee is informed of the conditions of re-employment after leave.
The parity advisory board may also be seized by its chairman or upon written request signed by at least half of the staff representatives of any individual matters concerning non-registrant agents.
The Joint Advisory Committee is chaired by the Director of Judicial Services.
The Joint Advisory Committee shall develop its rules of procedure.
The secretariat of the commission is provided by a representative of the administration who may not be a member of the commission.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president, countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission. This Minute is subject to the approval of the members of the Commission at the next sitting.
The Joint Advisory Committee shall meet at least once a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
The Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of any matters within its competence. It issues its views to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
The parity advisory board meetings are not public.
The incumbent members and, possibly, their substitutes who may not participate in the proceedings, as well as an equal number of representatives of the administration, shall be called to serve.
Alternates may attend meetings without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
When the Commission refers to the situation of a staff representative serving as a licensee, it shall be appealed to the first alternate representative or, if not, to another alternate representative from the same list.
In the event that the commission is required to examine the situation of all representatives, holders and alternates, of the commission or if no representative may validly sit, the drawing procedure shall be applied under the conditions laid down in article 18 to designate representatives from among the representatives of the administration.
At the request of the administration or at the request of staff representatives, the President shall summon experts to be heard on one or more items on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
All facilities must be provided to members of the parity advisory board by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives, incumbents and alternates, and to experts to allow them to participate in the meetings of the commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commission.
Members of the commission and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and by its rules of procedure provided for in Article 25 of this Order.
In addition, at least three quarters of its members must be present at the opening of the meeting.
When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
The incumbent and alternate members of the Commission shall not receive compensation as a result of their duties in the Commission. However, they are compensated for their travel and living expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel.
The Director of Judicial Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 12, 2008.
For the Minister and by delegation:
The Director of Judicial Services,
D. Lottin
