Key Benefits:
Minister of State, Minister of Justice and Freedoms, and Minister of Budget, Public Accounts, Public Service and State Reform,
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. 2003-466 of 30 May 2003 amended by the Registrars of Judicial Services, including article 7,
Stop:
Competitions for the recruitment of judicial services clerks provided for in thearticle 7 of the decree of 30 May 2003 referred to above shall be organized in accordance with the provisions of this Decree.
The external competition includes:
I. ― Two written proofs of eligibility:
Test number 1 (duration: four hours); coefficient 4)
Resolution of a practical case based on a documentary record relating to concrete administrative or legal and procedural issues. The answer to the practical case will be built in the form of a structured note that will aim to put the candidate in a professional situation.
Test 2 (duration: three hours); coefficient 4)
Two questions, at the choice of candidate after communication of subjects, relating to one of the following options:
Option 1: Civil law;
Option 2: Civil procedure;
Option 3: Criminal law;
Option 4: Criminal procedure;
Option 5: Labour law;
Option 6: the prud'homal procedure.
II. ∙ An oral admission test:
Test number 3 (duration: 25 minutes maximum,
with a maximum of ten minutes; coefficient 4)
Applicants choose one of the following two options (this is final):
Option 1: Conversation with the jury from, at the choice of the candidate after drawing of lots, a text or a general subject to assess the personality and abilities of the candidate to perform the duties of clerk (each candidate has a preparation time of thirty minutes), or
Option 2: presentation of a record of recognition of the achievements of the professional experience (RAEP) to assess the candidate's professional experience, personality, motivations and abilities to perform the functions of clerk (no preparation time).
The internal competition includes:
I. ― Two written proofs of eligibility:
Test number 1 (duration: four hours); coefficient 4)
Two series of short answer questions:
First series: issues related to the French administrative and judicial organization.
Second series: questions, to the choice of candidate after communication of subjects, relating to one of the following options:
Option 1: Civil law;
Option 2: Civil procedure;
Option 3: Criminal law;
Option 4: Criminal procedure;
Option 5: Labour law;
Option 6: the prud'homal procedure.
Test 2 (duration: three hours); coefficient 4)
Summary of a text related to general legal or administrative problems.
II. ∙ An oral admission test:
Test number 3 (duration: 25 minutes maximum,
with a maximum of ten minutes; coefficient 4)
Presentation to the jury of a record of recognition of the achievements of the professional experience (RAEP) to assess the candidate's professional experience, personality, motivations and abilities to perform the functions of clerk (no preparation time). During this interview, the candidate may be questioned on matters relating to administrative knowledge specific to the administration, community or institution in which he or she is engaged.
I. ∙ External competition:
Test number 1
No special program.
Test 2
Option 1: Civil law
People:
- physical persons, the state of persons, name, domicile, absence;
- acts of civil status;
marriage, divorce, separation of bodies, separation of de facto;
the civil pact of solidarity;
- filiation;
- parental authority;
the minority: legal administration, guardianship, emancipation;
– the protected majors: safeguarding justice, guardianship, curatorship.
The obligations:
- contracts and quasi-contracts: general concepts;
- the essential conditions for the validity of contracts;
- proof of obligations.
Option 2: Civil procedure
The guiding principles of the trial:
- action;
- competence;
- the demand for justice;
– the means of defence;
conciliation;
the judicial administration of evidence;
- forbearance, recusal and dismissal;
- intervention;
- the incidents of proceeding;
representation and assistance in justice;
- Public ministry;
• judgment: generalities, different forms of judgments and orders;
the execution of judgments;
- remedies;
– the deadlines, the acts of judicial officers, the notifications.
Option #3: Criminal law
criminal law;
- the application of criminal law in time and space;
- criminal liability;
- the criminal responsibility of minors;
- classification of offences;
the constituent elements of the offences;
– attempt, complicity, contest of offences, non-cumul of penalties;
– causes of irresponsibility or mitigation of criminal liability;
- aggravating circumstances;
- recidivism;
– the penalties and security measures, the substitutes for punishment;
- the stay.
Option 4: criminal procedure
public action and civil action;
- Public ministry;
police investigations: preliminary investigation and flogging investigation;
- alternatives to prosecution;
- the phases of instruction;
- appearance on prior guilt recognition;
the judge of freedom and detention;
- judicial review;
- pre-trial detention;
– the mandates of justice;
- Judgment courts;
- juvenile courts in criminal matters;
- remedies;
― enforcement of sentences;
the application of penalties;
the victim and the criminal trial.
Option 5: Labour law
Employment:
- training: apprenticeship contract, continuing vocational training;
― the contract of employment: the fixed-term employment contract, the indefinite working contract, temporary work;
– the protection of employment: the suspension of the employment contract, the termination, the modes of termination other than termination;
― working conditions: the duration of work time, rest and leave, rules of procedure and disciplinary law, health and safety at work;
– pay for work: wages, participation and interest.
The representation of employees:
– trade unions and the exercise of the right to trade in the company;
- staff delegates;
- Corporate committees.
Collective bargaining and agreements.
Collective labour conflicts.
Option 6: prud'homale procedure
― the attribution competence;
territorial jurisdiction;
the referral of the council of prud'hommes;
- the assistance and representation of the parties;
the admissibility of applications;
the conciliation procedure;
the rapporteur;
- the trial procedure;
- the referee prud'homal;
― the departing judge;
the execution of judgments;
- remedies.
Test number 3
No special program.
II. • Internal competition:
Test number 1
First set of questions:
Organization and jurisdiction of administrative courts:
the State Council;
the administrative court of appeal;
the administrative court;
- the conflict court.
Organization and jurisdiction of the judiciary:
the Court of Cassation;
the court of appeal;
- the seating courses;
- the court of grand instance;
the court of proceedings;
- the courts of proximity;
- the council of prud'hommes;
the commercial court;
- Juvenile courts: juvenile courts, juvenile court, juvenile court, juvenile judge.
Second series of questions: refer to the program of Test 2 of the external contest, from Option 1 to Option No. 6.
Test 2
No special program.
Test number 3
No special program.
For external competitions (if the option has been chosen at the time of registration) and internal, the RAEP file and the guide for the constitution of the file are available on the websites (traditional trades and contests, registrations) and intranet (RH scholars of public servants, competitions) of the Ministry of Justice and Freedoms. The candidate must first complete the RAEP file, which he/she will retain a copy, and then address it by mail in case of eligibility for the competition organizing service, at a mandatory date set out in the competition opening order. This file will be forwarded to the jury by the organizing service of the contests.
A rating of 0 to 20 is assigned to each test. Any grade less than 5 obtained from one of the written or oral examinations is eliminated.
Each rating is multiplied by the coefficient applicable to the test.
Can only be admitted to the oral test for candidates who have obtained a total of at least 80 points for all written examinations.
If several candidates have obtained the same number of points for all written and oral examinations, the priority for admission is given to the one who has obtained the highest grade in Test No. 1 and, in case of equality, to the candidate who has obtained the highest grade in Test No. 2 and, then, in case of new equality, to the candidate who has obtained the highest grade in Test No. 3.
For Test No. 1 (internal competition) and for Test No. 2 (external competition) referred to in Article 3 above, candidates may use only the codes or collections of laws and decrees containing references of articles of doctrine or jurisprudence, with the exclusion of the annotated codes and commented article by article by law practitioners, or codes or collections of other statutes and decrees containing no reference to
The provisions of the Order of July 18, 2003 setting out the general organization, nature and program of the examinations for the recruitment examinations of the Registrars of Judicial Services are repealed.
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, November 13, 2009.
The state minister, keep seals,
Minister of Justice and Freedoms,
For the Minister and by delegation:
By preventing the director
of judicial services:
Deputy Director
human resources of transplants,
J. Kister
Minister of Budget, Public Accounts,
Civil Service
and state reform,
For the Minister and by delegation:
By preventing the Director General
Administration and Public Service:
The Deputy Director,
G. Parmentier
