Advanced Search

Decree No. 2011-580 26 May 2011 On The National Advisory Committees Established By Article 25 Of Act No. 86-33 Of 9 January 1986 On The Statutory Provisions On The Public Hospital Service

Original Language Title: Décret n° 2011-580 du 26 mai 2011 relatif aux comités consultatifs nationaux institués par l'article 25 de la loi n° 86-33 du 9 janvier 1986 portant dispositions statutaires relatives à la fonction publique hospitalière

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary

Repeal of Decree 89-920 effective 31 December 2011.

Keywords

WORK, HEALTH , PUBLIC FUNCTION , HOSPITAL , HOSPITAL , HEALTH , NATIONAL CONSULTATIVE COMMITTEE , CCN , ORGANIZATION , MISSION , FUNCTIONING , COMPOSITION , MEMBRE , REPRESENTATIVE OF PERSONNEL ,


JORF n°0123 of 27 May 2011
text No. 22



Decree No. 2011-580 of 26 May 2011 on National Advisory Committees established by Article 25 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service

NOR: ETSH1104390D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/5/26/ETSH1104390D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/5/26/2011-580/jo/texte


The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu le Electoral codeincluding articles L. 5 and L. 6;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of staff, including article 9 bis, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, including article 25;
Vu la Act No. 2010-751 of 5 July 2010 amended on the renewal of social dialogue and various provisions relating to the civil service, including articles 33 and 34;
Vu le Decree No. 2002-550 of 19 April 2002 amended to include a special status of the body of director of hospital care;
Vu le Decree No. 2005-921 of 2 August 2005 amended with special status of the ranks and employment of the management staff of the establishments referred to in Article 2 (1°, 2° and 3°) of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Vu le Decree No. 2007-704 of 4 May 2007 modified for the organization and operation of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service and amending the Public Health Code ;
Vu le Decree No. 2007-1930 of 26 December 2007 amended with the specific status of the body of directors of health, social and medico-social institutions of the public hospital service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 6 December 2010;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


The composition and powers of the national advisory committees established by Article 25 of the Act of 9 January 1986 referred to above, the procedure for the election of their members and their organization and operation shall be governed by the provisions set out in this Decree.

  • PART IER: NATIONAL CONSULTATIVE COMMITTEE ATTRIBUTIONS AND COMPOSITION
    • CHAPTER IER: ATTRIBUTIONS Article 2 Learn more about this article...


      The National Advisory Committees are consulted by the competent minister on issues and draft texts relating to the predictive management of staffing, employment and skills, vocational training, mobility, integration and professional equality, and working conditions.
      The Director General of the National Management Centre submits an annual social assessment of the body for which the Advisory Committee was established and an assessment of the management activity of this body by the National Management Centre.

    • CHAPTER II: COMPOSITION
      • SECTION 1: GENERAL PROVISIONS Article 3 Learn more about this article...


        The National Advisory Committees shall include, under the chairmanship of the Director General of the Care Offer, in addition to the Director General of the National Management Centre and the Director General of Social Cohesion or their representatives:
        1° Six staff representatives for each committee established for a body with up to 1,500 officers;
        2° Ten staff representatives for each committee established for a body with more than 1,500 officers.
        The workforce to be considered is the physical strength of all body officials for whom the committee is established. This number is appreciated on the last day of the month preceding six months the date of the vote.
        Staff representatives have an equal number of alternates.
        In the event of the absence or incapacity of the Director General of the Care Offer, the chair of the Committee is provided by the Director General of the National Management Centre.
        In addition, at the meeting of each committee, the chair shall be assisted as necessary by the representative(s) of the administration performing functions of responsibility and concerned with matters or draft texts submitted to the committee's opinion.

        Article 4 Learn more about this article...


        The term of office of staff representatives shall be four years.
        However, when a national advisory committee is established or renewed during the electoral cycle, staff representatives are elected under the conditions set out in this decree for the remainder of the term to be held prior to the general renewal.

        Article 5 Learn more about this article...


        The election date for the general renewal of national advisory committees is set by joint order of the Prime Minister, the Minister for Health, the Minister for Social Affairs and the Minister for Public Service. The duration of the mandate of the proceedings is reduced or extended accordingly.
        In the event of a by-election for the renewal of a committee or the establishment of a new committee, the date is set by the Director General of the National Management Centre. Unless early renewal occurs, the date of the election is made public, at least six months before the expiry of the current mandate.

        Article 6 Learn more about this article...


        Representatives of the staff of the national advisory committees shall be elected by ballot.
        The seats obtained are distributed to the proportional representation of the highest average.

        Article 7 Learn more about this article...


        The term of office of a staff representative must be terminated when he or she resigns from his or her mandate or ceases to meet the conditions set out in article 8 of this decree or is placed in one of the situations provided for in article 10 of this decree.
        The alternate is appointed for the remainder of the term.
        When an elected representative of the staff is unable to perform his or her duties, he or she is replaced by one of the alternates elected under the same list upon designation of the trade union organization that presented the list.
        When an alternate representative is unable to perform his or her duties, he or she is replaced by one of the unelected candidates remaining from the same list under the same conditions.
        When the trade union organization that has submitted a list is unable to provide, under the conditions set out in the two preceding paragraphs, the seats of the holders or alternates to which it is entitled, it shall designate its representative, for the duration of the remaining term, from the perimeter of the advisory committee eligible at the time of designation.

      • SECTION 2: ELECTIONS Article 8 Learn more about this article...


        Electors for the appointment of staff representatives in the National Advisory Committees are the incumbent and interns of the body under which the Advisory Committee is established.
        These staff members must meet the following requirements within the committee scope:
        1° When they have the status of a holder, be in a position of activity or parental leave or be accommodated in a detachment or placement position;
        2° When they are an intern employee, be in an activity or parental leave position. Students and interns in school do not have the quality of electors.

        Article 9 Learn more about this article...


        The list of electors in the National Advisory Committees is decided by the Director General of the National Management Centre and published in the Official Gazette of the Ministry concerned at least sixty days before the date fixed for the election.
        Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. In the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
        The Director General of the National Management Centre shall promptly determine the claims.
        Upon expiry of eleven days after publication, the list of electors is closed.
        The list of electors thus closed shall be transmitted, upon their request, to the trade union organizations fulfilling, in the public hospital service, the conditions fixed to theArticle 9 bis of the Act of 13 July 1983 referred to above.
        No revisions to this list shall be allowed after the closure, unless an amendment to the officer's situation, after the closure and taking effect no later than the day before the election, results in the acquisition or loss of the elector's quality. In this case, the registration or delisting shall be made by the Director General of the National Management Centre, either on his or her own initiative or at the request of the individual, and shall be notified immediately to each list delegate. These changes do not affect the number of seats to be filled.

        Article 10 Learn more about this article...


        A national advisory committee shall be eligible for registration on the list of electors of that committee.
        However, cannot be elected:
        1° Staff members on long-term sick leave or long-term leave;
        2° Officials who have been struck by a temporary demotion or exclusion of duties from three months to two years, unless they have been amnestied or have been granted a decision accepting their application that no evidence of the sanction imposed remains on their file;
        3° Officials with one of the incapacities set out by the Articles L. 5 and L. 6 of the Electoral Code.

        Article 11 Learn more about this article...


        I. ― The lists of candidates are presented by the trade union organizations which, in the hospital public service, meet the conditions set out in section 9 bis of the above-mentioned Act of 9 January 1986.
        Nominations may be common to several trade union organizations.
        Each list must include the name of a delegate and, where appropriate, the name of the union of civil servants to which it belongs. The list delegate, who may or may not be a candidate, is designated by the trade union organization to represent the list in all electoral operations. The union organization may designate an alternate delegate.
        The lists must be filed at least forty-two days before the date of the vote. Their deposit is the subject of a receipt to the list delegate by the Director General of the National Management Centre.
        When the Director General of the National Management Centre finds that the trade union organization that has filed a list does not meet the conditions set to theArticle 9 bis of the Act of 13 July 1983 referred to above, it shall inform the list representative by a reasoned decision no later than the day after the deadline for filing the lists.
        II. - Each trade union organization can only present a list of candidates for one election. No one can be a candidate on several lists of the same ballot.
        Each list includes a number of names equal to at least two-thirds of the number of seats of incumbent and alternate representatives to be filled, without mentioning each of the candidates as a holder or alternate. In addition, it must include an even number of names at the time of its filing.
        The filing of each list must be accompanied by a declaration of application signed by each candidate.

        Article 12 Learn more about this article...


        I. ― No list may be filed or amended after the date provided for in the fourth paragraph of Article 11. Similarly, no withdrawal of nominations may be made after the filing of the lists.
        II. - However, if one or more candidates on a list are recognized as ineligible within three days of the deadline for filing the lists, the Director General of the National Management Centre shall promptly inform the list delegate. It then forwards the necessary corrections to the Director General of the National Management Centre within three days of the expiry of the three-day period referred to above. In the absence of any correction, the Director General of the National Management Centre shall strip candidates from the list. Such a list may only participate in the elections if it nevertheless meets the requirement to include a number of names equal to two thirds of the seats of incumbent and alternate representatives to be filled.
        Where the admissibility of one of the lists is not recognized by the Director General of the National Management Centre, the three-day period provided for in the first sentence of the second sentence of this article shall be limited to the list only from the notification of the judgment of the Administrative Court when it is seized of a challenge to the decision of the Director General of the National Management Centre, pursuant to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.
        If the reasoning of ineligibility occurred after the deadline for filing the lists, the ineligible candidate is removed from the list by the Director General of the National Management Centre and may be replaced without changing the date of the elections.

        Article 13 Learn more about this article...


        When several trade union organizations affiliated with the same union of civil servants have filed competing lists for elections to the same national advisory committee, the Director General of the National Management Centre shall, within three days of the deadline for filing the lists of candidates, inform the delegates of each of the lists concerned. They then have a period of three days to transmit the necessary modifications or withdrawals.
        If, after the expiry of the latter period, these changes or withdrawals of the list have not occurred, the Director General of the National Management Centre shall inform within three days the union of the trade unions whose lists are required. It then has a five-day time limit to indicate to the National Management Centre, by registered letter with a request for notice of receipt, the list that may avail itself of membership of the union.
        In the absence of this indication, trade union organizations that have filed the lists in question cannot benefit from the 2° of Article 9 bis of the Act of 13 July 1983 referred to above and shall not avail itself of membership in a union for the purposes of the third paragraph of Article 14.
        Where the admissibility of one of the applications is not recognized by the Director General of the National Management Centre, the procedure described above shall be implemented within three days from the notification of the judgment of the Administrative Court when the Administrative Court is seized with a challenge to the decision of the Director General of the National Management Centre, pursuant to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.

        Article 14 Learn more about this article...


        The vote for elections to national advisory committees shall be held by correspondence. The envelopes sent, at the expense of the national management centre, by the electors must arrive at the polling station before the poll is closed.
        The ballots and envelopes are prepared at the expense of the National Management Centre, based on a model provided by the National Management Centre. The professions of faith, meeting the conditions established by the Director General of the National Management Centre, are carried out by trade union organizations and at their expense. These fees are reimbursed by the National Management Centre.
        On the ballot, mention is made of the possible membership of the trade union organization on the date of the nomination of candidates to a union of national character.
        The Director General of the National Management Centre shall address each elector, at least 15 days before the election date, the electoral documents.
        Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void. Only envelopes and ballots provided by the National Management Centre can be used.
        The proxy vote is not allowed.
        It can be used in electronic voting by means defined by decree in the Council of State.

        Article 15 Learn more about this article...


        A polling station is established at the national management centre for each of the national advisory committees to be formed. This office is chaired by the Director General of the National Management Centre, or his representative, assisted by a secretary whom he designates and includes, in addition, the delegate of each of the lists in attendance.
        The polling station shall, within eight days of the poll, conduct the census of votes and the counting of the ballot and the proclamation of the results.

        Article 16 Learn more about this article...


        For the census of votes, the list of electors is started as the external envelopes are opened with reference to the voter identification. The virgin inner envelope is deposited without being opened in the ballot box containing voters' votes.
        Are apart without giving rise to starting:
        1° The outer envelopes not sent by mail;
        2° The envelopes reached at the polling station after the voting was closed;
        3° Envelopes that do not include the signature of the elector and its written name legibly;
        4° The envelopes that came in several copies under the signature of the same elector;
        5° The envelopes include several inner envelopes.
        The votes corresponding to these envelopes are declared null.

        Article 17 Learn more about this article...


        I. ― The polling station notes the total number of votes and determines the total number of valid votes cast and the number of votes obtained by each list in attendance.
        It also determines the electoral quota by dividing the number of valid votes cast by the number of incumbent representatives to be elected to the national advisory committee.
        Each trade union organization is entitled to as many seats as representatives holding staff as the number of votes collected by it contains the electoral quota.
        The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule.
        In the event of a list not having a number of names equal to the number of seats of incumbent representatives and alternate representatives to be filled, at the time of application or at the end of the procedure provided for in Article 12 II, the trade union organization may not claim to obtain more seats of incumbent representatives and alternate staff representatives than those for whom it has proposed candidates. The remaining seats are not allocated.
        II. - When for the assignment of a seat of the lists obtain the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question received the same number of votes, the seat shall be assigned to the seat that has presented the largest number of candidates under the Advisory Committee. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to the older candidate.
        The incumbent representatives are designated according to the order of presentation of the list.
        It is then assigned to each list a number of alternates designated according to the order of presentation of the list.
        III. - When a common list has been established by trade union organizations, the distribution of votes cast is made on the basis that they have indicated and made public at the time of the filing of the list. This distribution is attached to the list of candidates. In the absence of such an indication, the distribution of votes shall be made equally between the trade unions concerned.
        IV. - When no nominations were made by trade union organizations, a drawing of lots shall be carried out among eligible officers in the national advisory committee.

        Article 18 Learn more about this article...


        The polling station shall prepare the record of the electoral transactions, on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast, the number of votes obtained by each list in attendance, and the claims of the list delegates and the reasoned decisions taken by the polling station on the incidents recorded during the voting. It shall, within twenty-four hours, transmit it to the Director General of the National Management Centre, the appropriate Minister, and to the delegate of each list.
        The separate envelopes are annexed to this report without being open and the blank ballots as well as the invalid ballots marked or countersigned by the members of the office with an indication, for each, of the decision taken and its reasons.

        Article 19 Learn more about this article...


        The nominative list of the incumbent and alternate members of each committee shall be decided by the Director General of the National Management Centre in the month following the proclamation of the results of the elections.

        Rule 20 Learn more about this article...


        Without prejudice to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above, disputes over the validity of electoral transactions shall be brought, within five days of the proclamation of the results, to the Minister for Health and, where appropriate, to the administrative jurisdiction.

  • PART II: FUNCTIONING OF NATIONAL CONSULTATIVE COMMITTEES Article 21 Learn more about this article...


    The National Advisory Committee shall meet at least twice a year at the invitation of the Director General of the National Management Centre, at its initiative, or within a maximum of two months, upon written request of at least half of the staff representatives.
    The summons of the advisory committee sets out the agenda of the meeting. Questions that fall within the competence of the committee whose review was requested by at least half of the staff representatives are included in this agenda.
    Alternates may attend meetings of the committee without being able to participate in the proceedings.
    The chair of the committee, at his initiative or at the request of at least one third of the committee members, may convene experts to be heard on an agenda item. Experts may only attend, with the exclusion of the vote, part of the debates on the issues for which their presence was requested.

    Article 22 Learn more about this article...


    The secretariat of each committee is provided by a representative of the Director General of the National Management Centre. A staff representative is appointed by the committee within the committee to serve as Deputy Secretary.
    After each meeting, a report is prepared including the record of the proceedings and the details of the votes. This document is signed by the Chair, signed by the Secretary and the Deputy Secretary and forwarded within one month to committee members. This report is submitted for approval by members of the committee at the next session.

    Article 23 Learn more about this article...


    Each Advisory Committee shall establish its rules of procedure.

    Article 24 Learn more about this article...


    The Advisory Committee is validly deliberating if half of the members with a deliberate vote are present or represented at the opening of the meeting.
    When the quorum is not reached, a new summons is sent within eight days to the members of the committee who then sits validly on the same agenda regardless of the number of staff representatives present. It may then not be enforced by the provisions of Article 26 of this Decree.

    Rule 25 Learn more about this article...


    Only staff representatives participate in the vote. Alternate voices are deliberate only in the absence of the incumbents they replace.
    Representatives of the administration and experts do not participate in the vote.
    The committee shall issue its opinion or, where appropriate, make its proposals to the majority of the present. If a vote is taken, the vote shall be taken by hand. The vote takes place on secret ballots if half of the staff representatives present the request. Agreed. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
    The vote by proxy is allowed. A member present may only have a power of attorney.

    Rule 26 Learn more about this article...


    When a draft or text receives a unanimous unfavourable vote from the representatives of the committee members, a new deliberation is organized, on the same agenda item, within a period not less than eight days or more than thirty days. The convocation shall be sent within eight days to the members of the committee.
    The committee then sits validly regardless of the number of staff representatives present. He cannot be called to deliberate once again following this same procedure.

    Rule 27 Learn more about this article...


    The deliberations of the committee are not public.
    The persons participating, in any capacity, in the work of the committee shall be held at the duty of professional discretion on the basis of the documents and documents they were aware of during the work.

    Rule 28 Learn more about this article...


    All facilities must be provided to committee members to perform their duties. In addition, communication must be given to them of all documents and documents necessary for the performance of their functions no later than eight days before the date of the sitting.

    Rule 29 Learn more about this article...


    The incumbent and alternate members of the committees and the experts convened do not receive any compensation as a result of their duties in these committees.
    Members summoned to assist with a deliberative vote in the work of committees and experts are compensated for their travel and residence expenses under the conditions fixed for State officials by the State decree of 3 July 2006 referred to above.

    Rule 30 Learn more about this article...


    In the interest of the service, the term of office of staff representatives to the national advisory committee may be reduced or extended by joint decree of ministers responsible for health and social affairs. This reduction or extension may not exceed one year.
    In the event of difficulties in its functioning, a national advisory committee may be dissolved by joint decree of Ministers responsible for Health and Social Affairs, after the advice of the Higher Council of the Hospital Public Service.
    It is then carried out within two months to establish, under the conditions set out in this decree, a new national advisory committee.


Done on 26 May 2011.


François Fillon


By the Prime Minister:


The Minister of Labour,

employment and health,

Xavier Bertrand

Minister of Budget, Public Accounts,

public service and state reform,

Government spokesperson,

François Baroin

Secretary of State

to the Minister of Budget,

Public Accounts, Public Service

and state reform,

Public Service,

Georges Tron


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.32 Mo) Download the document in RDF (format: rdf, weight < 1 MB)