Key Benefits:
Publics concerned: contract agents of the State or one of its public institutions.
Subject: general rules applicable within the public service of the State for the organization of reserved recruitments opened within the framework of the provisions of the Act No. 2012-347 of 12 March 2012 relating to access to full employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree determines the conditions under which agents fulfilling the conditions established by the Act No. 2012-347 of 12 March 2012 to present themselves to the reserved recruitments provided for in Article 1 of this Law will be able to access a body of state officials. He specifies the administration to which each of these agents can apply. It sets out the general rules of procedure applicable to the organization of these reserved recruitments. It sets out the conditions under which certain provisions of the specific statutes of the bodies concerned should apply to the laureates of the reserved recruitments.
References: the decree is taken for the application of theArticle 1 of Act No. 2012-347 of 12 March 2012. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Public Service and the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government,
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 la Act No. 2012-347 of 12 March 2012 relating to access to full employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service;
Vu le Decree No. 86-83 of 17 January 1986 amended with respect to the provisions applicable to non-State agents for the application ofArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2003-532 of 18 June 2003 relating to the establishment and use of the supplementary lists of admission to the public service bodies of the State;
Vu le Decree No. 2004-1105 of 19 October 2004 concerning the opening of recruitment procedures in the public service of the State;
Vu le Decree No. 2005-1215 of 26 September 2005 amended with common statutory provisions applicable to the bodies of administrative attachments and to certain similar bodies;
Vu le Decree No. 2010-235 of 5 March 2010 amended on the remuneration of public officials participating as an incidental activity in training and recruitment activities;
Considering the opinion of the Supreme Council of the State Civil Service of 10 April 2012;
The State Council (Section of Administration) heard,
Decrete:
In application of theArticle 1 of the Act of 12 March 2012 referred to above, recruitments reserved for officers who meet the conditions set out in sections 2 to 4 and II of sections 10 and 12 of the Act may be opened, under the conditions provided for in section 7 of the Act and this Order, until March 13, 2016.
I. - Agents employed in contracts with an indefinite period of time as at March 31, 2011 may only apply to reserved recruitments, pursuant to this Order and under the conditions provided for inArticle 7 of the Act of 12 March 2012 referred to above, within the department, public institution or public authority of which they report on the closing date of registration for recruitment to which they apply. When, on the latter date, they are no longer contractually related to any department, public institution or public authority, they may apply to open recruitments within the department, public institution or public authority of which they belonged on the date of their last contract.
II. - Agents whose contract is processed on the date of publication of the contract Act of 12 March 2012 referred to above in an undetermined contract pursuant to section 8 of this Act may only be applied to reserved recruitments within the department, public institution or public authority of which they belonged on the date of this transformation.
III. - Agents employed in fixed-term contracts as at March 31, 2011 may only apply to reserved recruitments that are open within the department or public institution or public authority of which they were registered as of March 31, 2011.
By derogation from the previous paragraph, agents whose fixed-term contract was transferred as a result of a transfer of activities, authorities or competencies after March 31, 2011 under the conditions set out in seventh paragraph of section 4 of the Act of 12 March 2012 referred to above may only apply to reserved recruitments that are open within the department, the public institution or the public authority of which they are responsible after the transfer.
IV. - Agents whose contract ceased between January 1st and March 31st, 2011 may only apply to reserved recruitments that are open within the department, public institution or public authority of which they were responsible on the date of their last contract that ceased between January 1st and March 31, 2011.
V. - Without prejudice to the institutions and institutions mentioned in theArticle 3 of the Act of 12 March 2012 referred to above, where the department, public institution or public authority do not have a body of public servants, officers may present themselves to the recruitments that are open to them by the department of guardianship or liaison or by the departmental department that manages the officials assigned to that department, institution or authority.
Mobility leave officers on March 31, 2011 may present themselves either to the reserved recruitments that are open for access to the bodies of their department, public institution or public authority of origin, or to the reserved recruitments open for access to the bodies or employment frameworks of the department, the public institution, the public authority or the legal person of public law to whom or to which they actually perform their duties on that date, Act of 12 March 2012 referred to above for access to these bodies or employment frameworks.
Agents can only present themselves to one reserved recruitment open under theArticle 5 of the Act of 12 March 2012 referred to above in the same calendar year of recruitment.
When the exercise of the functions of a body is subject to the detention of a title or diploma required by a statutory provision, candidates for the recruitments organized for access to these bodies must be in possession of that title or diploma.
Recruitments reserved forArticle 5 of the Act of 12 March 2012 referred to above shall be opened in the conditions fixed to first, second and third paragraphs of Article 2 of the Decree of 19 October 2004 referred to above, in accordance with the rules of recruitment competence delegations applicable to the department, public establishment or public authority of the bodies concerned.
These recruitments are organized, for each body, according to one of the terms set out in Article 5 and determined by the decrees in the Council of State mentioned in Article 7 of the same Law.
The number of jobs offered as part of these recruitments is determined by a Minister's order or a decision by the authority of the body concerned.
I. - General organisation rules for professional examinations and reserved competitions 1° and 2° of Article 5 of the Law of 12 March 2012 referred to abovethe nature of the tests and, where applicable, the list of specialties shall be determined by joint order of the Minister for the Public Service and the Minister or the authority of the body concerned.
Recruitment in a body under the provisions of Article 5 of this Order shall be carried out in the light of the titles of the candidates. It can be completed with tests.
II. - The Minister or the authority of the body concerned sets the conditions for the organization of these recruitments and appoints the members of the jury.
III. - Juries establish, in order of merit, the list of candidates declared fit.
IV. - Complementary lists are established and used, for each body, in accordance with the provisions that govern in each department, public institution or public authority the establishment and use of the complementary lists for competitions organized under Article 19 of the law of 11 January 1984 referred to above.
I. - Without prejudice to the provisions of Article 6 of this Decree, the recruitments reserved without competition mentioned in 3° of Article 5 of the Act of 12 March 2012 referred to above are subject to a recruitment notice that indicates:
1° The number of posts to be filled;
2° The expected date of recruitment;
3° The specific content of the application file to be prepared which includes, in any case, a letter of application and a detailed curriculum vitae indicating the occupied jobs;
4° The contact details of the official to whom the application is to be sent;
5° Deadline for submission of applications;
6° The conditions under which the candidates are summoned for maintenance under II.
The notice of recruitment is posted, at least one month before the deadline for applications, at the premises of the administration that conducts the recruitment. It is also published within the same period on the website of the recruiting services or services.
II. - The examination of applications is entrusted to a commission, composed of at least three members, of which at least one belongs to an administration or to a public institution other than the recruitment authority. The Minister or authority of the body concerned shall determine the composition of the commission and appoint its members.
Members of the Commission shall be paid under the conditions provided for by the decree of 5 March 2010 referred to above.
The Committee may meet in subcommissions.
At the end of the examination of all applications filed within the time limit set out in the Notice of Recruitment, the Commission shall audition the candidates.
At the conclusion of the interviews, the Commission shall, in order of aptitude, determine the list of candidates declared fit, taking into account, in particular, the acquired professional experience.
This list may include a number of candidates higher than the number of positions open for recruitment so that, in the event of a candidate's renunciation, the following first candidate is called on the list.
I. ― The applicable provisions for internships and internships are those provided for by the special status of the host body for the recipients of internal competitions. However, the decrees mentioned in theArticle 7 of the Act of 12 March 2012 referred to above may provide for adaptation to these provisions to take into account the special conditions of appointment in certain bodies provided for by the particular statutes of these bodies.
II. - Subject to provisions of the second paragraph of Article 27 of the decree of 17 January 1986 referred to above, the winners of the reserved recruitments mentioned inArticle 5 of the Act of 12 March 2012 referred to above are placed, under their contract, on leave without pay during the pre-work placement period.
Agents appointed in one of the bodies governed by the decree of 26 September 2005 referred to above shall be subject to the conditions applicable to officers recruited under the 2nd of Article 4 of this Decree.
When the specific statutes provide for an effective condition of service for access to certain grades, the public services performed as a non-holder in functions equivalent to those of the integration body are considered to be effective services performed in the host body and the degree of integration for grade advancement.
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 3 May 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
