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Decree Of February 9, 2012, Laying Down The General Organization, The Nature And The Program Of Recruitment Of The Chief Clerks Of The Judicial Services Examination

Original Language Title: Arrêté du 9 février 2012 fixant l'organisation générale, la nature et le programme des épreuves des concours de recrutement des greffiers en chef des services judiciaires

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JORF no.0064 of 15 March 2012
text No. 10



Judgment of February 9, 2012 setting out the general organization, nature and program of the examinations of the competitive examinations of the chief justice services clerks

NOR: JUSB1203257A ELI: https://www.legifrance.gouv.fr/eli/arrete/2012/2/9/JUSB1203257A/jo/texte


The Guard of Seals, Minister of Justice and Freedoms, and the Minister of Public Service,
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. 92-413 of 30 April 1992 amended by the Chief Clerks of Judicial Services, including article 7,
Stop:

Article 1 Learn more about this article...


Competitions for the recruitment of Chief Clerks of Judicial Services provided for inArticle 7 of the Decree of 30 April 1992 shall be organized in accordance with the provisions of this Decree.

  • PART I: NATURE AND DURATORY OF THE
    • Chapter I: External competition Article 2 Learn more about this article...


      The external competition consists of two written examinations of eligibility and two oral examinations:
      The written tests are as follows:



      Test number 1 (duration: four hours); coefficient 4)


      The choice of the candidate expressed during the registration:
      Option 1: composition on a topic on the political, economic, social and cultural aspects of the contemporary world;
      Option 2: Synthesis note from documents related to general legal or administrative problems. The documentary file cannot exceed 50 pages.


      Test 2 (duration: four hours); coefficient 4)


      A trial consisting of a series of 3 to 6 questions relating to civil law, civil procedure, criminal law, criminal procedure, labour law, prud'homale procedure and judicial organization.
      The oral examinations are as follows:


      Test number 3 (duration: 30 minutes maximum,
      including ten minutes at the most of the nomination by the candidate; coefficient 5)


      Interview with the jury to assess the candidate's personal qualities, potential, behaviour in the face of a specific situation, if any in the form of a situation. The interview begins with a presentation by the candidate of his course and his motivation.


      Test number 4 (duration: 15 minutes maximum); coefficient 3)


      Oral interrogation, at the choice of candidate expressed during registration, in one of the following subjects (each candidate has a 15-minute preparation time):
      Option #1: public finances;
      Option 2: Public Service law.

    • Chapter II: Internal Competition Article 3 Learn more about this article...


      The internal competition consists of two written examinations of eligibility and two oral examinations:
      The written tests are as follows:



      Test number 1 (duration: four hours); coefficient 4)


      The written proof of eligibility consists in the drafting, from an administrative record, of a note to verify the candidate's writing, analysis and synthesis qualities and his ability to identify appropriate solutions.
      For this trial, the documentary file cannot exceed thirty pages.


      Test 2 (duration: four hours); coefficient 4)


      A trial consisting of a series of 3 to 6 questions relating to the judicial organization and, at the choice of the candidate when registering, on one of the following subjects: civil procedure, criminal procedure or prud'homale procedure.
      The oral examinations are as follows:


      Test number 3 (duration: 30 minutes maximum,
      including ten minutes at the most of the candidate's presentation; coefficient 5)


      The admission test consists of an interview with the jury to assess the candidate's personality, abilities and motivation and to recognize the achievements of his professional experience. To conduct this interview, which has as its starting point a candidate's presentation on his or her professional experience, for a period of not more than ten minutes, the jury has the candidate's file for recognition of the achievements of the professional experience. During this interview, the candidate is also interviewed on general administrative knowledge issues.
      For the oral admission test, the candidate establishes a record of recognition of the achievements of his or her professional experience that he or she gives to the organizing service at a date fixed in the opening of the contest.
      The record of recognition of the achievements of the professional experience as well as the filling guide are available on the Ministry of Justice's web and intranet sites. The file is forwarded to the jury by the competition manager after the establishment of the eligibility list.
      The file is not noted. Only the interview with the jury gives rise to the rating.


      Test number 4 (duration: 15 minutes maximum); coefficient 3)


      Oral interrogation, at the choice of candidate expressed during registration, in one of the following subjects (each candidate has a 15-minute preparation time):
      Option #1: public finances;
      Option 2: Public Service law.

  • PART II: PROGRAMMES Article 4 Learn more about this article...


    The program of the second written test of the external competition (stage 2) is set as follows:
    1. Civil law:
    (a) People:
    physical persons: the status of persons, the name, domicile, absence, civil status;
    - legal persons;
    (b) Incapacity:
    - Minors: legal administration, guardianship, emancipation;
    – the protected majors: the safeguarding of justice, guardianship, curatorship;
    (c) The family:
    marriage, divorce, separation of bodies, separation of de facto;
    – the couple out of wedlock: concubinage, free union, the civil pact of solidarity;
    · filiation: legitimate filiation, adoptive filiation;
    - parental authority;
    (d) Civil liability;
    (e) The prescription.
    2. Civil procedure:
    (a) The principles common to all procedures:
    - action;
    - competence;
    the parties to the proceeding;
    representation and assistance in justice;
    - intervention;
    - the demand for justice;
    – the means of defence;
    alternative dispute resolution: conciliation and mediation;
    the judicial administration of evidence;
    - the incidents of proceeding;
    • judgment: generalities, different forms of judgments and orders;
    the execution of judgments;
    - remedies;
    (b) Specific procedures to:
    - the court of grand instance;
    the court of proceedings;
    the court of appeal;
    the Court of Cassation.
    3. General criminal law:
    (a) The application of criminal law in time and space;
    (b) The constituent elements of the offences;
    (c) Classification of offences;
    (d) Criminal liability and causes of irresponsibility or mitigation of liability;
    (e) Penalties and security measures:
    the various forms of sanctions;
    - nomenclature and classification of sanctions;
    the application of the sanction;
    – suspension and termination of the sanction.
    4. Criminal procedure:
    Public action and civil action;
    The prescription of public action and the prescription of the sentence;
    Public ministry;
    Police investigations: preliminary investigations and flogging investigations;
    Alternative measures to prosecution;
    Investigation courts;
    The judge of freedoms and detention;
    The mandates of justice;
    Judgment courts;
    Juvenile courts;
    remedies;
    Evidence.
    5. Labour law:
    (a) 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 modes of termination of the employment contract, the termination;
    - the working conditions: the duration of working time, rest and leave, the protection of the health of workers;
    – pay for work: wages, participation and interest;
    (b) The representation of employees:
    - trade unions and the exercise of the right to organize;
    - staff delegates;
    - Corporate committees;
    (c) Collective action:
    - collective bargaining;
    the collective agreement;
    - collective conflicts.
    6. Procedure:
    The attribution competence;
    Territorial jurisdiction;
    The referral of the council of prud'hommes;
    Assistance and representation of parties;
    The admissibility of applications;
    The conciliation procedure;
    The rapporteur;
    The trial procedure;
    The referee prud'homal;
    The starting judge;
    The execution of judgments;
    The remedies.
    7. Organization and jurisdiction of the judiciary:
    (a) Organization and skills of:
    the Court of Cassation;
    the court of appeal;
    the court of siege;
    - the court of grand instance;
    the court of proceedings;
    - the council of prud'hommes;
    the courts of minors;
    (b) The court officers.

    Article 5 Learn more about this article...


    The programme of the second written examination of the internal competition ( Test 2) is as follows:
    1. Organization and jurisdiction of the judiciary:
    (a) Organization and skills of:
    the Court of Cassation;
    the court of appeal;
    the court of siege;
    - the court of grand instance;
    the court of proceedings;
    - the council of prud'hommes;
    the courts of minors;
    (b) The court officers.
    2. Civil procedure:
    (a) The principles common to all procedures:
    - action;
    - competence;
    the parties to the proceeding;
    representation and assistance in justice;
    - intervention;
    - the demand for justice;
    – the means of defence;
    alternative dispute resolution: conciliation and mediation;
    the judicial administration of evidence;
    - the incidents of proceeding;
    • judgment: generalities, different forms of judgments and orders;
    the execution of judgments;
    - remedies;
    (b) Specific procedures to:
    - the court of grand instance;
    the court of proceedings;
    the court of appeal;
    the Court of Cassation.
    3. Criminal procedure:
    Public action and civil action;
    The prescription of public action and the prescription of the sentence;
    Public ministry;
    Police investigations: preliminary investigations and flogging investigations;
    Alternative measures to prosecution;
    Investigation courts;
    The judge of freedoms and detention;
    The mandates of justice;
    Judgment courts;
    Juvenile courts;
    remedies;
    Evidence.
    4. Procedure:
    The attribution competence;
    Territorial jurisdiction;
    The referral of the council of prud'hommes;
    Assistance and representation of parties;
    The admissibility of applications;
    The conciliation procedure;
    The rapporteur;
    The trial procedure;
    The referee prud'homal;
    The starting judge;
    The execution of judgments;
    The remedies.

    Article 6 Learn more about this article...


    The programme of the second oral examination of the external and internal competitions (stage 4) is as follows:
    1. Public finance:
    A. ― The overall approach to public finances:
    (a) The main legal principles:
    - hierarchy of standards and legal sources;
    - budgetary principles: annuality, unity, speciality, universality, sincerity;
    - tax principles: legality of tax, equality and tax, the need for tax;
    - the general principles and specificities of public accounting (cash unit, separation of ordonors and accountants);
    (b) Revenue concepts:
    - categories of public revenue;
    - mandatory sampling;
    – tax expenditures;
    (c) Public debt;
    (d) Public finance processes and actors:
    - Financial administrations;
    – managers, directors and accountants;
    - organizations and systems of public finance controls.
    B. ― State finances:
    (a) The Finance Act:
    development and implementation;
    the organic law of August 1, 2001;
    (b) State resources:
    - tax resources;
    – Heritage and diverse resources;
    – the management and financing of the State's debt;
    (c) State spending:
    – the budget nomenclature by destination and by nature;
    - the supplementary budgets and special accounts;
    - Scope of budgetary authorization: globalisation and "asymmetrical fungibility", commitment authorizations, payment credits, employment ceilings;
    – justification of credits and expenditures on the first euro;
    - presentation of program objectives and results (projects and annual performance reports).
    2. Public service law:
    (a) The general principles of the public service:
    - the sources of public service law;
    the notion of status;
    ― the different categories of public officials;
    (b) The career of public officials:
    ― entry into the public service: conditions of entry into the public service, modes of recruitment, appointment;
    ― the course of the career: the concept of career, the evaluation, the advancement, the administrative positions, the ultimate exit of function;
    (c) The rights and obligations of civil servants:
    – the obligations and their sanctions: the obligations of the public officer, the disciplinary procedure;
    rights: public and individual freedoms, remuneration and social rights;
    (d) Advisory bodies: Technical Committees (TC), Hygiene and Safety Committees and Working Conditions (CHSCT), Joint Administrative Committees (CAP), Superior Council of the State Public Service (CSFPE).

  • PART III: COMMON PROVISIONS Article 7 Learn more about this article...


    For the written test 2 of the external and internal competitions, candidates may use only the codes or collections of laws and decrees containing references to articles of doctrine or jurisprudence or codes or collections of laws and decrees containing no indication of doctrine or jurisprudence without other notes than references to legislative or regulatory texts, excluding the annotated codes and commented article by law practitioners.

    Article 8 Learn more about this article...


    A rating of 0 to 20 is assigned to each test. Any rating below 5 obtained from any of the mandatory, written or oral examinations is eliminated. Each rating is multiplied by the coefficient applicable to the test. Written tests are subject to a double correction.

    Article 9 Learn more about this article...


    Only candidates who have obtained a total of at least 80 points for all mandatory written examinations may be admitted to oral examinations. If several candidates have obtained the same number of points, they are departed as follows when the admission list is established:
    If several candidates have obtained the same number of points for all written and oral examinations, the priority for admission is granted to the candidate who has obtained the highest score in Test No. 3 and, in case of equality, to the candidate who has obtained the highest grade in Test No. 1 and, then, in case of new equality, to the candidate who has obtained the highest grade in Test No. 2 and, finally,

    Article 10 Learn more about this article...


    The Judgment of July 18, 2003 establishing the general organization, nature and program of the examinations of the examinations of the Chief Clerks of Judicial Services, as amended by the Order of August 1, 2003, is repealed.

    Article 11 Learn more about this article...


    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 on 9 February 2012.


The guard of the seals,

Minister of Justice and Freedoms,

For the Minister and by delegation:

Director

judicial services,

V. Malbec

The Minister of Public Service,

For the Minister and by delegation:

Director, Assistant to Director General

Administration and Public Service,

T. Andrieu




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