Key Benefits:
Public officials concerned: civil servants, non-public law officers, workers ' status of government and state administrative institutions, trade union organizations of civil servants.
Subject: new provisions relating to the Supreme Council of the Public Service of the State (CSFPE).
Entry into force: the text comes into force on the day after its publication.
Notice: the decree reform the Conseil Supérieur de la Service publique de l'Etat, a consultative body competent to hear general questions concerning the public service of the State. This reform is called by the Act No. 2010-751 of 5 July 2010 relating to the renovation of the social dialogue and to various provisions relating to the public service, which has, inter alia, profoundly modified the modalities for assessing the representativeness of trade union organizations.
The text contains five chapters, respectively, relating to the competence, composition, organization and operation of the CSFPE, its operation when it sits as an appeal board, and finally to the transitional and final provisions. Decree No. 82-450 of 28 May 1982, which had so far governed the proceedings, was repealed.
CSFPE is now made up of results in professional elections for the designation of staff representatives in comparable technical committees and bodies referred to in Article 5. Moreover, its composition is no longer parity: the representation of the administration is adapted according to the agenda and only the representatives of the staff have a deliberate voice.
The jurisdiction of the proceeding, which is not substantially amended, takes into account, in particular, those now assigned to the Joint Council of the Public Service. The Order also opens to the Minister of Public Service the faculty, after agreement of the Ministers concerned, to consult with CSFPE on draft texts under the jurisdiction of several ministerial technical committees or public institutions. In this case, the CSPFE notice is substituted for that of technical committees.
The CSFPE may meet either in plenary or in specialized training, respectively for the examination of draft texts, for the examination of appeals in disciplinary matters and in certain cases of termination, for the examination of questions relating to vocational training, and for the examination of matters relating to hygiene, security and working conditions. Specialized training may, in the cases defined by the decree, render an opinion on behalf of CSFPE.
The transitional provisions set the rules relating to the composition of the CSFPE for renewals occurring by 31 December 2013: in accordance with the provisions of Article 30 of the Act of 5 July 2010 mentioned above, until the end of this transitional period, any trade union organization justifying within the public service of the State, a real influence, characterized by its activity, experience and its professional and geographical location, has at least one seat.
References: the decree is taken for the application of theArticle 13 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, in its drafting from the Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the civil service. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Public Service,
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, including article 13;
Vu la Act No. 2010-751 of 5 July 2010 amended to renovate the social dialogue and to include various provisions relating to the 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. 2011-184 of 15 February 2011 amended on technical committees in the state administrations and public institutions;
Considering the opinion of the Supreme Council of the Public Service of the State of 19 December 2011;
The State Council (Section of Administration) heard,
Decrete:
The Superior Council of the Public Service of the State shall, in the cases provided for in articles 2 and 3, deliberate on matters of a general nature of interest to State officials or the public service of the State, of which it is seized either by the Minister responsible for the public service or at the written request of half the members having a deliberative vote. In the latter case, it must be convened within two months of this request. It transmits the outcome of its work and makes proposals, if any, to the Minister of Public Service.
I. ― The Superior Council of the Public Service of the State is seized for advice:
1° Bills to amend the Act of 11 January 1984 referred to above ;
2° Bills on the situation of civil agents of the State;
3° Bills derogating from the law of 11 January 1984 mentioned above relating to one or more bodies of state officials;
4° Draft decrees on the situation of all public officials of the State;
5° Draft decrees with statutory provisions common to several bodies of state officials when these projects fall within the competence of several technical committees;
6° Draft decrees that amend or repeal, in a coordinated manner by provisions of the same object, several specific body statutes, when these projects fall within the competence of several technical committees;
7° Draft decrees concerning interdepartmental bodies or interdepartmental bodies or regulating common employment in all jurisdictions where these projects fall within the competence of several technical committees;
8° Draft decrees adopted pursuant to Article 10 of the Act of 11 January 1984 mentioned above.
The consultation of the Superior Council of the Public Service of the State, where it is mandatory under the provisions of this Decree or any other legislative or regulatory provision, supersedes that of the competent technical committees or committees, unless the consultation of either of these two types of advisory bodies is expressly provided for in the same text.
The draft texts mentioned in the 5th and 6th as well as the draft decree mentioned in the 7th and subject to the competence of several technical committees are not submitted to the Superior Council of the Public Service of the State if the application of the I of Article 39 of the decree of 15 February 2011 referred to above.
II. - On the referral of the Minister for Public Service and after the agreement of the Ministers concerned, the Conseil Supérieur de la Service publique de l'Etat may also be consulted on the draft texts under the jurisdiction of several ministerial technical committees or public institutions. In this case, the opinion rendered by the Supreme Council of the Public Service of the State substitutes for that of the technical committees.
The Supreme Council of the Public Service of the State may consider matters relating to:
1° To the guidelines of vocational training policy;
2° Hygiene, safety, working conditions and preventive medicine;
3° The development, implementation and assessment of actions related to the modernization of public service, administrative restructuring, deconcentration and implantation of public administrations in the territory.
In cases Articles 67 and 70 of the Act of 11 January 1984 referred to above and in the case of termination pursuant to the second paragraph of Article 51 of the same Law, the Superior Council of the Public Service of the State shall act as a higher body of appeal.
I. ― The Superior Council of the Public Service of the State shall include, in addition to the representatives of the administration, twenty members appointed by the trade union organizations of civil servants appointed to serve in that body.
These seats are distributed among trade union organizations in proportion to the highest average of the votes obtained by each trade union organization in the last elections for the appointment of staff representatives:
1° To ministerial technical committees;
2° To the technical committees of public institutions not considered for the composition of ministerial technical committees;
3° To the technical committees of the independent administrative authorities;
4° To the technical committees of the Council of State, the Court of Accounts, the Grand Chancellery of the Legion of Honour, the National Forestry Board and the Economic, Social and Environmental Council;
5° At the National Technical Committee of La Poste, in view of the only votes of public officials and agents of public law;
6° To the permanent commission of the Caisse des dépôts et consignations to examine matters or projects of interest to officials, public law officers and officials who have retained the rights and guarantees provided for in the statute of the National Social Security Fund in mines;
7° To the Joint Administrative Committees of the Paris Mint, France Telecom and IFREMER;
8° To the joint advisory boards of the masters of privately contracted educational institutions and teachers of privately contracted agricultural educational institutions;
9° National Joint Commissions competent for Pôle emploi public officials.
II. - Are members of the Superior Council, without being able to take part in the vote, the Director General of Administration and Public Service, a member of the Council of State with at least one State Council member and a member of the Court of Auditors with at least one rank as master councillor appointed by order of the Minister responsible for the Public Service.
III. - At each meeting, the president is assisted by representatives of the administration as they are particularly concerned with the issues on the agenda, without taking part in the vote.
Each trade union organization has twice as many substitutes as its holders. Alternates shall be designated under the same conditions as the holders.
Representatives of the trade union organizations of civil servants shall be appointed on the proposal of the trade union organizations and shall, at the time of designation, be members of the electoral body for the appointment of representatives of the staff to the advisory bodies taken into account in the composition of the Supreme Council of the Public Service of the State.
The incumbent and alternate members are appointed by order of the Minister for Public Service.
The members of the Superior Council of the State Civil Service are appointed for four years.
Renewal of the Superior Council comes at the end of the general renewal referred to inarticle 12 of the decree of 15 February 2011 referred to above.
In the event of a vacancy of a seat referred to in I of Article 5, as a result of death, resignation or for any other cause, the appointment of a new member shall be made, for the duration of the remaining term, under the conditions set out in Articles 5 and 6.
Members appointed on the proposal of a trade union organization cease to be a member of the Supreme Council of the Public Service of the State if that organization so requests the Minister in charge of the Public Service or if that organization has undergone fundamental organic changes making it impossible to assess its representativeness.
In the first case, the termination of functions becomes effective on the expiry of the one-month period following receipt of the application. The appointment of a new member shall be made for the remainder of the term, subject to the conditions laid down in Articles 5 and 6. In the second case, a decree issued in Council of Ministers notes the terminations of functions resulting from these amendments and no new designations are made for the remainder of the term.
The functions of a member of the Conseil Supérieur de la Service publique de l'Etat are free of charge. Travel and residence costs are allocated to members convened to attend, with a deliberate vote, the work of the Superior Council and to experts under the conditions established by the Council decree of 3 July 2006 referred to above.
The Superior Council of the Public Service of the State sits either in plenary or in specialized training.
I. The plenary meeting shall be held at least once a quarter. It is chaired by the Minister of Public Service or his representative.
II. - The High Council sits in specialized training:
1° For the consideration of draft texts referred to in Article 2;
2° For the review of the remedies referred to in Article 4;
3° For the examination of questions relating to vocational training in the public service of the State;
4° For the examination of issues relating to hygiene, security and working conditions in the public service of the State.
The chairs of the specialized units do not participate in the vote.
III. - The questions submitted to the High Council shall, by decision of the President of the Council:
1° Registered directly on the agenda of the plenary meeting;
2° Registered directly on the agenda of one of its specialized training courses;
3° Referred for study to one of its specialized training courses before being on the agenda of the plenary.
Apart from the examination of the draft texts mentioned in the 1st to 5th of Article 2 and of the cases provided for in the 3rd of this III, the specialized formations shall take action on behalf of the Higher Council on the matters submitted to them.
However, they may request, after consideration of a question, its inclusion in the agenda of the plenary meeting, by a two-thirds majority of their members having a deliberate vote. Two thirds of the members referred to in I of Article 5 may also apply for inclusion in the agenda of the plenary meeting. The President of the High Council has the same right. In this case, the plenary meeting shall be convened within a maximum of two months from that request.
IV. - Commissions, permanent or temporary, may be constituted by decree to the Superior Council for the study of specific issues. The Supreme Council of the State Public Service may make proposals in this regard.
The trade union organisations represented in the Conseil supérieur de la service publique de l'État have in each of the specialized trainings mentioned in article 11, except for the specialized training mentioned in 1° of the second article, a seat for those of organizations having one or two seats on the Conseil Supérieur and two seats for those of organizations having three or more seats on the Conseil Supérieur.
The specialized training referred to in 1° of II of Article 11 includes the incumbent members designated by the trade union organizations of the High Council pursuant to Article 5.
Within these specialized trainings, each trade union organization has twice as many alternates as its holders.
Within the commissions set out in Article 11 IV and Articles 15, 16 and 17, representatives of trade union organizations may not be chosen from the incumbent or alternate members of the Supreme Council of the Public Service of the State.
The Presidents and members of the specialized training, incumbents and alternates, shall be appointed by order of the Minister for Public Service.
The specialized training referred to in the 1st of Article 11, referred to as the "status commission", is responsible for examining the draft texts mentioned in Article 2. It sits either in the preparatory section or in the advisory section.
It examines in the preparatory section, prior to their consideration by the plenary assembly, the draft texts mentioned in 1° to 5° of Article 2.
It considers in the advisory section the other draft texts referred to in Article 2. Without prejudice to the provisions of the sixth paragraph of Article 11, the President of the High Council may, however, decide to include these draft texts on the agenda of the plenary meeting after consideration in the advisory section. In this case, the opinion rendered by the plenary assembly replaces that of the advisory section.
The statutory commission is presided over by the president of the section of the administration of the Council of State or, in the event of an incapacity, by the member of the Court of Accounts referred to in Article 5, II.
The specialized training mentioned in the 2nd of Article 11, referred to as the "appellate board", is presided over by a member of the Council of State who has at least a rank of State councillor or, in the event of an incapacity, by a member of the Court of Auditors with at least one rank of master councillor.
In addition to staff representatives designated under section 12, the Appeals Board shall include, in equal number, representatives of the administration appointed by order of the Minister for Public Service. Each licensee has two alternates designated under the same conditions.
This commission examines appeals filed under the provisions of Article 4.
Only persons who have the status of a state official or who occupy one of the jobs mentioned in the appeal board may sit on the appeal boardArticle 25 of the Act of 11 January 1984 referred to above.
Representatives of the administration shall not receive any instruction from the administration to which they belong for matters submitted to the commission.
The specialized training, referred to in the 3rd of the II of Article 11, referred to as the "Professional Training Commission", examines all measures to coordinate the vocational training programmes of all ministries and public institutions of the State and to promote interdepartmental vocational training programmes.
It is consulted on key issues related to the development and implementation of professional training actions in the administration.
It may be consulted on projects to establish a public service or institution responsible, as a principal, for carrying out professional training activities for State officials or for the substantial consolidation or reorganization of administrations responsible for such missions. It is informed of the implementation of all measures leading to a substantial reform of the organization of the professional training apparatus of State officials.
She is informed of the outcome of the work of the Interministerial Training Programming and Steering Committee referred to in theArticle 35 of Decree No. 2007-1470 of 15 October 2007 relating to vocational training throughout the life of state officials.
The specialized training referred to in the 4th of the II of Article 11, known as the "Central Committee for Hygiene, Safety and Working Conditions" is responsible for examining issues related to hygiene, occupational safety, working conditions and preventive medicine in the public service of the State. In this capacity, it is responsible, inter alia, for proposing common actions to all jurisdictions in this area.
It assists the plenary training in matters within the scope of its jurisdiction by examining the issues submitted to it by it.
It is chaired by the Minister or his representative.
It meets at least three times a year.
Members of the law:
1° A member of a general inspection to link the health and safety inspection function to the work of one of the departmental departments, appointed by the Minister for Public Service;
2° A preventive physician from the Administration Prevention Medicine Service, appointed by the Minister of Public Service.
The agenda of the plenary and specialized training sessions and related documents shall be sent to the members of the High Council electronically at least fifteen days before the meeting. This period may be reduced to eight days in an emergency.
When applying the 3rd of Article 11, the session of the specialized training must be held at least eight days before the plenary meeting.
At each session, the plenary meeting heard a briefing on the follow-up to the opinions and recommendations made at the previous session.
The plenary and specialized training sessions are valid only if half of the members with a deliberate vote are present at the opening of the meeting.
When this quorum is not reached, a new convocation is sent within eight days to the members of the training who then sits validly, regardless of the number of members present. It may then not be applied to the provisions of Article 24.
Alternates, within the limits of an alternate member, may attend the sessions without being able to participate in or vote.
The chair of the plenary assembly or specialized training referred to in articles 14, 16 and 17, at his initiative or at the request of members holding the plenary or specialized training, may convene experts to be heard on a point or points on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
Only representatives of the incumbent staff vote. Alternate voices are deliberate only in the absence of the incumbents they replace.
The opinion of the Conseil supérieur de la service publique de l'État is deemed favourable or unfavourable when the majority of its members present with a deliberate vote has taken this direction. In the absence of a majority, the notice is deemed to have been given or the proposal made.
The amendments of the members of the High Council having a deliberative vote must be submitted no later than the seventh working day before the date of the examination by the specialized training or by the plenary meeting when it is applied to the 1st of the III of Article 11 of this decree.
When the deadline for the issuance of the agenda and related documents has been reduced to eight days under the conditions set out in Article 18, the amendments of the members of the High Council having a deliberate vote must be submitted no later than the second working day before the date of the examination by the specialized training or the plenary meeting.
When the President presents amendments after the expiry of the filing period referred to in the preceding paragraphs, this period is no longer subject to the amendments of the members of the High Council having a deliberative vote on the article that it is proposed to amend or compete with the amendment tabled when the latter contains an additional article.
Only amendments adopted by a majority of the members present during the statutory committee review are considered in plenary meeting.
When a draft text submitted to the plenary meeting or to the statutory committee sitting in the advisory section pursuant to Article 2 collects a unanimous unfavourable vote, the draft text is subject to a review and a new deliberation of the plenary assembly or the statutory committee sitting in the advisory section is organized within a period not to be less than eight days and to exceed thirty days. The new convocation shall be sent within eight days to the members of the Council.
The High Council then sits validly regardless of the number of members present. He cannot be called to deliberate once again following this same procedure.
The deliberations of the various formations of the Supreme Council of the State Civil Service are not public.
The President of the Superior Council shall determine the rules of procedure after having collected the opinion of the Superior Council of the Public Service of the State, sitting in the plenary meeting.
This regulation specifies the rules of operation of the specialized formations as well as the rules for filing, modifying and voting amendments to the draft texts referred to in Article 2.
The Secretariat of the Supreme Council of the Public Service of the State is provided by the General Directorate of Administration and Public Service.
A report is prepared after each session of the plenary and specialized training sessions and transmitted within one month to the members of the Superior Council. It is approved at the next meeting.
The projects submitted and the notices issued by the Conseil Supérieur de la Service publique de l'Etat, with the exception of those rendered by the board of appeal, are made public on the website of the Ministry of Public Service.
In the event of difficulties in its functioning, the Superior Council of the Public Service of the State may be dissolved in the form provided for in its constitution. The appointment of new members of the Supreme Council of the Public Service of the State under the conditions established by this decree shall be carried out within two months. The new members are designated for the duration of the term to be run until the next general renewal.
Appeals filed pursuant to the provisions of Article 4 shall be registered on the date of their receipt to the secretariat of the Board of Appeal. The applicant shall immediately inform the applicant and invite him to make further comments.
The secretariat of the Appeals Board also immediately communicates the use of the authority derived from the decision under appeal with a view to provoking its observations.
The comments of the applicant and the administration must be submitted to the secretariat within fifteen days of the date of receipt of the request for comments.
This period may be renewed once upon request from the individual or the administration, formulated before the expiry of this period.
For each case, the Chairperson of the Board of Appeal designates a rapporteur, chosen from among the members of the Council of State, the magistrates of the Court of Accounts and the Regional Chambers of Accounts, and members of the administrative tribunals and administrative courts of appeal. Rapporteurs may also be selected from government officials who do not belong to the administration of which the official of the State concerned reports.
The president decides on all the investigative and investigative measures proposed by the rapporteur. The latter has all investigative powers with interested jurisdictions.
In disciplinary matters, the applicant in question and the Minister in question must be able to take note of the file submitted to the appeal board.
Upon the production of the comments set out in section 30 or at the expiry of the time limit set by the Chairperson, the matter shall be placed on the agenda of a session of the Commission.
Any appellant summoned to the Appeals Board is entitled to be assisted or represented by a defender of his or her choice.
The disciplinary authority, which has taken the contested sanction, may ask to be heard. She can be represented.
During the session, the rapporteur presented a report outlining the circumstances of the case.
When the appeal against a disciplinary sanction is appealed, the interested complainant is called to the meeting.
After hearing the rapporteur and, if necessary, the person concerned and any other person whom the president has deemed necessary to make the hearing, the appeal board shall deliberate in private on a draft opinion or recommendations drafted by the rapporteur.
If she is sufficiently informed, she will finalize and stop the text of a notice of rejection or a reasoned recommendation. The commission must take a decision within two months of the day it was seized.
If the commission is not sufficiently informed, it prescribes an additional information. It may again call the interested person or any other person. The case is then referred to a next session. The commission must decide within four months of the day it was seized.
The members of the commission and the persons who are called to participate in its meetings are subject to the obligation of professional discretion for all the facts and documents they have been aware of in this capacity.
A record of the deliberations of the Commission is maintained. This register is stopped after each session by the President.
Excerpts are sent by the commission's secretariat, on the one hand, to the parity administrative commission, on the other hand, to the authority whose decision is attacked, finally to the applicant.
These extracts are certified by the Commission secretariat.
Within a period of two months following the sending of the notice to the authority whose decision is under appeal, the authority shall inform the board of appeal of the proceedings given to the notice.
The appeal before the Superior Council of the Public Service of the State does not give rise to any costs.
The Grievor and, where applicable, other persons summoned to the Commission are entitled to reimbursement of their travel and residence expenses, which are borne by the administration to which the Grievor belongs.
However, the travel and residence costs of the complainant's defenders are not reimbursed.
I. ― By derogation from the provisions of Article 5, I, for the renewals of the Superior Council of the Public Service of the State involved by 31 December 2013, a seat is assigned to each trade union organization justifying, within the public service of the State, a real influence, characterized by its activity, experience and professional and geographical location, among those that do not have a seat at the end of the process of distribution of seats to the average of the most
The total number of seats referred to in Article 5 I is increased due to competition.
The vote taken into account for the distribution of seats in proportion to the highest average is those that served as a reference to the composition of the proceedings, renewed in 2010 and 2011, as referred to in I of Article 5.
II. - The vote obtained under the bodies set out in the 9th I of Article 5 of this Decree shall be taken into account only on the occasion of the renewal of the Superior Council of the Public Service of the State following the next renewal of the competent national parity commissions for public officials of Pôle emploi.
Decree No. 82-450 of 28 May 1982 concerning the Supreme Council of the Public Service of the State is repealed.
The Minister of Budget, Public Accounts and State Reform, spokesperson for the Government, and the Minister of Public Service are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 16 February 2012.
François Fillon
By the Prime Minister:
The Minister of Public Service,
François Sauvadet
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
