Key Benefits:
Minister for Foreign and European Affairs,
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. 82-452 of 28 May 1982 modified on technical committees of parity;
Having regard to the decision of 13 January 1992 establishing a special technical committee with competence in respect of the services of the Ministry of Foreign Affairs located in Nantes,
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The terms and conditions for the consultation of staff in the services of the Ministry of Foreign and European Affairs located in Nantes organized in order to determine the trade union organisations called to be represented in the special technical committee of the Ministry of Foreign Affairs established by the decree of 13 January 1992 referred to above, under the conditions fixed to thearticle 11, paragraph 2, of the decree of 28 May 1982 referred to above, are determined by this order.
The date of the consultation will be set, for each ballot, by order of the Minister for Foreign and European Affairs.
Public servants and non-public servants in a position of activity who hold office on the date of consultation in the services of the Ministry of Foreign and European Affairs located in Nantes and the public servants.
Non-registrants referred to in the previous paragraph must be recruited for a period of more than six months and be in office for at least three months at the date of the consultation.
The electoral list is stopped by the General Affairs Officer in Nantes.
This list is posted in the services of the Ministry of Foreign and European Affairs located in Nantes at least 30 days before the date of the consultation. It is also published under the same conditions on the intranet site of the Ministry of Foreign and European Affairs.
Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors with the General Affairs Officer in Nantes, who decides without delay.
The trade union organizations of civil servants referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above may be present at the consultation provided for in Article 1 of this Order.
If none of these trade union organizations submit an application or if the number of voters, as determined by the elections on the list, is less than half of the staff to vote, a second ballot shall be held to which any employee organization may participate.
The second ballot shall be held, if any, on a date fixed by order of the Minister for Foreign and European Affairs, in accordance with the time limit provided for in the third paragraph of Article 11 bis of the Decree of 28 May 1982 referred to above.
For the first ballot, nominations are filed with the General Affairs Officer in Nantes within a minimum period of fifty days before the date of the election. The deadline for submission of applications is set by the Order of the Minister for Foreign and European Affairs referred to in the second paragraph of section 1 above.
These nominations must mention the name of a delegate authorized to represent the trade union organization in all electoral operations. They may be accompanied by a profession of faith and a model of the ballot drawn up according to the model provided by the administration.
The use of the names, acronyms and logos of the candidate trade union organizations is authorized on the ballot.
Nominations are the subject of a receipt to the delegate.
When the administration finds that a trade union organization does not meet the conditions set out in the third and fourth paragraphs of Article 14 of the Act of 11 January 1984 referred to above, it shall give its delegate a reasoned decision declaring the admissibility of the application. This decision shall be delivered no later than the day after the deadline for submission of applications.
If a second ballot is held, the nominations shall be filed under the same conditions as those defined above, at a date fixed by order of the Minister for Foreign and European Affairs.
Applications that meet the conditions set out in Articles 4 and 5 of this Order are posted in the services of the Ministry of Foreign and European Affairs located in Nantes and published on the Ministry of Foreign and European Affairs' intranet site at the close of the filing or no later than two days later.
The ballots and envelopes are prepared by the administration according to a model and sent at least two weeks before the date of the vote to all electors, with the possible professions of faith (format A4, recto verso).
A polling station is established with the General Affairs delegate in Nantes. The polling station proceeds to count and proclaims the results.
The polling station consists of a president and secretary appointed by the Director General of Administration and Modernization of the Ministry of Foreign and European Affairs and, where applicable, a delegate of each candidate union organization.
A subsequent order will specify the establishment and composition of the central polling station and the voting sections.
Electoral operations are conducted publicly in the workplace from 9 a.m. to 4 p.m.
The vote takes place by secret ballot on acronym and under envelope.
Electors vote in the urn or by correspondence.
The vote by correspondence is made under the following conditions:
The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope, previously closed and which can be cached, in a second envelope (this envelope n° 2) on which its names, first names, assignments and signatures must appear. This concealed fold is placed in a third envelope (this envelope n° 3) that the elector addresses, by mail or by internal mail, to the polling station.
Envelope No. 3 must arrive at the polling station before the closing time of the poll.
On polling day, the polling station proceeds to the opening of the mail envelopes ( envelopes n° 3).
Except without opening the multiple envelopes made under the signature of the same agent, envelopes No. 2 on which do not include the name or number of electors and the signature of the voter or on which the name is illegible in the absence of the elector number.
At the end of the poll, the central polling station conducts the identification of votes by correspondence under the following conditions: envelopes 2 are open. As the envelopes are opened, the electoral list is started and envelope No. 1 is filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
Except for envelopes No. 2 containing a ballot not inserted in an envelope No. 1. Alternatively, the number 1 envelopes reached in multiple numbers under the same envelope No. 2, the non-regulatory envelopes No. 1 and envelopes No. 1 with a distinctive mention or sign are not opened. The name of the voters whose envelopes emanate is not on the list of electors.
Alternatively, without opening the envelopes no. 2 from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
The central polling station shall prepare a record of the census of the votes by correspondence. Annexed to this report are envelopes No. 2 which have been set apart without being opened, envelopes No. 2 empty or not containing envelope No. 1 and envelopes No. 2 containing ballots not inserted in an envelope No. 1.
The same applies without opening the envelopes No. 3 reached after the closing hour of the poll. The votes reached after the census provided for in this article are returned to the interested parties with the date and time of receipt.
The polling station sees the number of votes from the starting list. If the number of voters is equal to or greater than half of the number of registered electors, the polling station states that the quorum being reached may be counted.
During the counting of the ballot, the ballots found in the ballot box are not counted in the valid votes cast, the ballots found in the ballot box without envelope, the ballots ratified, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and denoting different trade union organizations, the ballots not conforming to the model type.
The polling station counts all the votes that have focused on the trade union organisations in attendance.
It distributes the seats according to the rule of proportion to the highest average and proclaims, without delay, the results of the consultation.
It sets out the general record of the electoral operations on which the number of registered voters, the number of voters, the number of valid votes cast, the number of blank and zero votes and the number of votes obtained by each trade union organization in attendance. Annexed to this report are envelopes no. 1 apart without being open and blank ballots or considered null.
An order of the Minister for Foreign and European Affairs shall determine the trade union organizations to be represented on the special technical committee, the number of seats returning to each of them, and the time limit for appointing staff representatives.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the seats of the incumbent representatives obtained by that organization pursuant to the preceding paragraph.
Without prejudice to the provisions set out in the eighth paragraph of section 14 of the above-mentioned Act of 11 January 1984, disputes over the validity of the staff consultation shall be brought, within five days of the proclamation of the results, to the Director General of the Administration and Modernization of the Ministry of Foreign and European Affairs and, where applicable, to the administrative jurisdiction.
The decision of 17 November 2006 setting out the modalities for consultation with organized personnel to determine trade union organizations to be represented on the special parity technical committee of the Ministry of Foreign Affairs is repealed.
The Director General of Administration and Modernization of the Ministry of Foreign and European Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, January 21, 2010.
For the Minister and by delegation:
Director General of Administration
and modernization,
S. Romatet
