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Decree Of March 28, 2014, Laying Down Rules For The General Organisation, The Nature And The Program Of The Competitions For The Recruitment Of Commissioners Of Police Of The National Police

Original Language Title: Arrêté du 28 mars 2014 fixant les règles d'organisation générale, la nature et le programme des concours pour le recrutement des commissaires de police de la police nationale

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JORF no.0078 of 2 April 2014
text No. 29



Judgment of March 28, 2014 setting out the rules of general organization, nature and program of competitions for the recruitment of police commissioners of the National Police

NOR: INTC1331689A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/3/28/INTC1331689A/jo/texte


The Guard of Seals, Minister of Justice, Minister of the Interior and Minister of State Reform, Decentralization and Public Service,
In view of the domestic security code, legislative part, including title I of Book IV;
Considering the amended Act of 23 December 1901 punishing fraud in public examinations and examinations;
See?Article 2 of Act No. 48-1504 of 28 September 1948 amended relating to the special status of police personnel;
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, including articles 19 and 20;
Vu la Act No. 95-73 of 21 January 1995 modified safety orientation and programming;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations, including article 24;
Vu le Decree No. 94-874 of 7 October 1994 establishing the common provisions applicable to trainees of the State and its public institutions;
Vu le Decree No. 95-654 of 9 May 1995 Amending the common provisions applicable to active officials of the national police services;
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. 2005-939 of 2 August 2005 amended with special status of the design and direction body of the national police;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks, including articles 1 to 6;
Vu le Decree No. 2013-908 of 10 October 2013 relating to the appointment of members of the jury and the selection committees for the recruitment and promotion of public officials in the public service of the State, the territorial public service and the public hospital service;
In view of the amended decision of 26 July 2007 setting out the equivalences of diplomas required to attend the public service body and employment competitions subordinate to the possession of diplomas or titles sanctioning a specified level of education under general training or several specialties of training;
Having regard to the amended decision of 2 August 2010 on the specific conditions of physical fitness for access to employment of certain civil servants;
In view of the amended decision of 18 October 2012 on the physical exercise tests of the competitions for the recruitment of police commissioners, police officers and peacekeepers of the National Police,
Stop:

Article 1 Learn more about this article...


The opening order, taken by the Minister responsible for the Interior, under the conditions set out in section 2 of the Order in Council of October 19, 2004, sets out the dates of withdrawal and closing of the registration records the date of the tests and the number of jobs offered.
The first competition and the second National Police Commissioner's competition include mandatory eligibility and admission tests. Written tests are anonymous.

  • Chapter I: Eligibility to First and Second Competition Article 2 Learn more about this article...


    Written eligibility tests common to the first and second competitions include:
    1° A general culture test consisting of a dissertation on a general subject relating to the evolution of political, economic and social ideas and facts in France and the world from 1900 to the present day (duration: five hours); coefficient 4);
    2° A test consisting, from an administrative record, in the resolution of a practical case to identify proposals and arguments. The folder can include graphics and encrypted data. It cannot exceed thirty pages (duration: four hours); coefficient 4);
    3° A test consisting of a multiple-choice questionnaire, or short-term answers on the general knowledge of the events that make French and international political news, the French and European political institutional functioning, the rules of citizen behaviour, the missions and the general organisation of the services of the national police and the services of the Ministry of Interior (duration: one hour; coefficient 3).
    Written tests are subject to a double correction, with the exception of the multiple-choice questionnaire.

    Article 3 Learn more about this article...


    The separate written examinations of eligibility are defined as follows:
    Under the first competition, a composition bearing:
    – on the one hand, on general administrative law and/or public freedoms and/or the law of the European Union (duration: three hours; coefficient 4);
    ―on the other hand, on general criminal law and/or criminal procedure (duration: three hours; coefficient 4).
    Under the second competition, the written examinations include:
    – on the one hand, a test consisting of a multiple-choice or short-specified questionnaire on general administrative law and/or public freedoms and/or the law of the European Union (duration: one hour); coefficient 4);
    - on the other hand, a trial involving one or more practical cases on general criminal law and/or special criminal law and/or criminal procedure (two hours); coefficient 4).
    Written tests are subject to a double correction, with the exception of the multiple-choice questionnaire.

  • Chapter II: Admission to the first and second competition Article 4 Learn more about this article...


    The admission tests common to both competitions include:
    1° Written psychotechnical tests, not noted, to assess the psychological profile of candidates and their ability to work in a group (duration: three hours thirty minutes);
    2° A stress management test, in the form of a pathway to assess the candidate's stress management, whose nature and program are attached as Appendix 1 to this Order. This test consists of placing the candidate in an unexpected and sudden situation and analysing his behaviour (duration: 10 minutes maximum); coefficient 2);
    3° An individual situation test from a practical case drawn by lot that could include a professional documentary record of about ten pages (duration: 30 minutes; preparation: 30 minutes; coefficient 4);
    4° A collective trial of situation based on a practical case drawn by lot that could include a professional documentary record of about ten pages to answer a problem with a whole team (duration: thirty-five minutes); coefficient 4);
    During this test, candidates are divided into groups to allow them to evaluate their behaviour, how they express themselves and their relational and decisional capacity. The groups consist of four to six candidates;
    5° An oral test of a foreign language consisting of a conversation from a text, written in the chosen language, drawn by lot by the candidate (duration: twenty minutes; preparation: twenty minutes; coefficient 4).
    Accepted languages are German, English, Spanish and Italian. The candidate indicates his or her choice in his or her application to the contest. In no case can he change it after the closing of the registrations;
    6° Physical exercise tests, of which nature and scales are determined by the above-mentioned decision of 18 October 2012 (coefficient 3).
    This event consists of two workshops: a motor skills course and a cardio-respiratory endurance test.

    Article 5 Learn more about this article...


    The separate oral examinations of admission include:
    In the first competition, an interview with the jury, on general issues from a topical theme drawn by lot by the candidate to appreciate the qualities of reflection and the knowledge of the candidate as well as his ability and motivation to exercise the job postulated (duration: thirty-five minutes; preparation: thirty-five minutes; coefficient 7).
    The members of the jury have, to assist the decision, the results of the psychological tests, interpreted by the psychologist.
    Any rating less than 5 out of 20 is eliminated.
    In the second competition, an interview with the jury to assess the candidate's personality, abilities and motivation and to recognize the achievements of his professional experience.
    This interview is the starting point for a presentation by the candidate on his or her professional experience, no more than five minutes. He continues with an exchange with the jury on general issues and on his knowledge of the missions and the organization of the general management of the national police. To conduct this interview, the jury has the file constituted by the candidate for recognition of the acquired professional experience (duration: thirty-five minutes); coefficient 7).
    On a date fixed in the opening of the contest, the candidate provides a presentation file of his or her career path, the model of which is available on the website of the Ministry of Interior at the following address: www.interieur.gouv.fr. It is transmitted to the jury by the organizing service of the contest, after the establishment of the eligibility list.
    The members of the jury have, to assist the decision, the results of the psychological tests passed by the candidate, interpreted by the psychologist.
    Any rating less than 5 out of 20 is eliminated.

    Article 6 Learn more about this article...


    The trial program is attached as Appendix 2 to this Order and is published in the Official Journal.

    Article 7 Learn more about this article...


    It is assigned to each eligibility and admission test a rating between 0 and 20. It is multiplied by the coefficients set above. The sum of the points thus obtained forms the total points of the tests.

  • Chapter III: Provisions common to competition jury Article 8 Learn more about this article...


    The jury of the two contests are appointed by order of the Minister responsible for the Interior, on the proposal of the Director General of the National Police.
    A single president provides the direction of the jury of each of the two contests whose members can be shared.
    In the event of a division of votes in the proceedings of the jury, the president's vote is preponderant.

    Article 9 Learn more about this article...


    The jury chair is provided by the Director General of the National Police or his representative, who is employed as Director of Active Services or as Inspector General of the National Police.
    The decision appointing the jury shall designate the member of the jury to replace the president in the event that the president is unable to perform his duties.

    Article 10 Learn more about this article...


    The jury for each competition includes the following members:
    a deputy director or deputy director of the active services of the national police, or a chief of the national police, with at least one and the other the rank of divisional commissioner;
    a member of a body recruited through the National School of Administration;
    - three members of the national police design and direction body;
    a judge of the judiciary;
    - a qualified personality outside the public service of the State, territorial or hospital;
    - a psychologist.
    If a member of the jury resigns after the trial begins, the jury cannot be replaced.

    Article 11 Learn more about this article...


    Qualified proofreaders and examiners are deputy to the jury. They delibrated, at the request of the jury, with an advisory voice.
    The composition of the group of examiners remains unchanged during the duration of the tests. The replacement of a qualified examiner absent, even temporarily, is not permitted.

    Article 12 Learn more about this article...


    Only candidates who have obtained, for the first and second competition eligibility tests after applying the coefficients, a total of points determined by the jury, which cannot be less than 152 points, have access to the admission tests.
    The jury draws, in alphabetical order, the list of candidates eligible for each of the two contests.

    Article 13 Learn more about this article...


    Any communication of candidates between them or with the outside is formally prohibited during the duration of the tests as well as the use of any material medium of any kind, other than that distributed.
    Applicants must lend themselves to the necessary monitoring and verification.
    They are prohibited from leaving the examination rooms without authorization from the supervisors responsible.
    Any breach of the regulation, any fraud or attempted fraud that has been duly recognized results in the exclusion of the contest, without prejudice, if any, of the application of the criminal provisions provided by the law of 23 December 1901.
    The same measure may be taken against the accomplices of the main perpetrator of fraud or attempted fraud.
    No immediate sanction is taken in the event of a flagrant offence. The responsible supervisor draws to the attention of the jury chair a report characterizing the facts.
    The exclusion of the contest is pronounced by the jury. No decision can be made without the interested party being able to present its defence in accordance with theArticle 24 of the Act of 12 April 2000 referred to above.
    The reasoned decision is notified without delay to the person concerned by registered letter with acknowledgement of receipt.

    Article 14 Learn more about this article...


    At the end of the admission examinations, the jury lists, in order of merit, candidates declared admitted on the main list and on the supplementary list.
    If several candidates total the same number of points, the priority is given to the one who has obtained the best rating in the No. 2 eligibility test on file and then, in case of new equality, to the one who obtained the admission at the stage, the best note in the interview with the jury.

  • Chapter IV: Miscellaneous provisions Article 15 Learn more about this article...


    Candidates employed as a police commissioner must meet the conditions of physical fitness defined by the above-mentioned order of August 2, 2010.
    They must submit to the medical examinations and tests prescribed to them to establish that they meet the required fitness conditions.

    Article 16 Learn more about this article...


    The appointment of the laureates as a Police Commissioner is subject to the approval of the Minister responsible for the Interior.

    Article 17 Learn more about this article...


    The amended decision of 23 November 2005 setting out the organizational arrangements and the competition program for the recruitment of police commissioners of the National Police is repealed and the schedules for the examination program.

    Article 18 Learn more about this article...


    The provisions of this Order will be applicable from the competitions opened for 2015.

    Article 19 Learn more about this article...


    The Director General of the National Police is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E S
    A N N E X E 1
    OVERVIEW OF STRESS MANAGEMENT


    This test aims to assess the candidate's ability to remain self-master, to reason, act and communicate in situations of stress.
    A statement is forwarded to the candidate in a context related to the profession of a police officer. In keeping with this instruction, the candidate must make a blind journey guided by a thread of Ariane.
    The test consists of:
    ― before the course, a visual memorization workshop;
    ― a "stress path" workshop composed of exercises using the candidate's cognitive, spatial and sensory abilities;
    – an end of course formalized by two restitution exercises.
    Before the course, the evaluator puts a mask obscuring the view of the candidate and leads him to the start. The stress situation is generated by the emergency instructions and the sensory deprivation of the view.
    It is indicated to the candidate that the exercise is timed and that the entire test must be completed in a maximum of ten minutes.
    At the end of the course, the candidate carries out at least two exercises:
    ― an exercise to restore the information provided by the evaluator;
    ― a space analysis exercise: the candidate realizes a two-dimensional diagram of the course he conducted, according to his perception. It indicates the approximate obstacles and distances.
    The evaluator stops the chronometer once the exercises are completed. If the candidate has not finished after 10 minutes, he is terminated.
    The test is scored on 20 (coefficient 2).
    The evaluation grid takes into account: the execution time, the performance quality of the exercises and the conduct of the candidate.


    A N N E X E 2
    PROGRAMME COMMUN POUR LES ÉPREUVs DES PREMIER ET SECOND CONCOUR
    General administrative law


    1. Sources of administrative law:
    (a) Internal sources;
    (b) International treaties.
    2. The administrative organization:
    (a) The principles of the administrative organization:
    ― centralization;
    decentralization;
    - deconcentration;
    (b) State administration: the central administration, the state's decentralized services:
    - administrative public institutions and industrial and commercial public institutions;
    - independent administrative authorities;
    - the state representative(s) at the territorial level: the prefects and sub-prefects;
    (c) Territorial authorities:
    the region;
    the department;
    the commune;
    - intercommunity and groupings of local authorities;
    – the status of Paris, Lyon, Marseille;
    – the administrative control of local authorities.
    3. The action of the administration:
    (a) The principle of administrative legality;
    (b) The purpose of the administration's action:
    ― the general theory of public services and management modes (direct regulation, delegated management);
    the administrative police;
    (c) Extra contractual administrative liability:
    - responsibility for fault;
    - blamelessly.
    4. Administrative justice:
    (a) The main administrative courts:
    the State Council;
    - administrative appeal courses;
    the administrative courts;
    - the conflict court;
    (b) Litigation:
    the prerogatives of the administration;
    the distinction of litigation;
    - remedies;
    - litigation.
    5. The State Public Service:
    (a) Sources;
    (b) The general status of state officials.


    Public freedoms


    1. General theory of public freedoms:
    (a) The sources of public freedoms:
    the Declaration of Human and Citizen's Rights (26 August 1789);
    the Preamble to the 1946 Constitution;
    the Preamble to the 1958 Constitution;
    the European Convention on Human Rights;
    the European Charter of Fundamental Rights;
    (b) The development of public freedoms:
    ― exceptional regimes (article 16, state of siege, state of emergency, theory of exceptional circumstances);
    (c) The legal protection of public freedoms:
    - administrative judge;
    judicial judge;
    – Constitutional Council;
    European Court of Human Rights;
    – Court of Justice of the European Union.
    2. The legal regime of major public freedoms:
    (a) Equality;
    (b) The freedoms of the physical person:
    - safety;
    – freedom to go and come;
    • respect for personality:
    the right to life and respect for physical integrity;
    – the protection of privacy through its contours (inviolability of the home, inviolability of the secret of correspondence);
    (c) The freedoms of the mind:
    freedom of the press;
    freedom of communication;
    – freedom of education;
    freedom of religion;
    (d) Freedoms specific to groups of individuals:
    – freedom of manifestation and attroupement;
    freedom of assembly;
    – freedom of association.


    European Union law


    1. The European construction: from the European Communities to the European Union.
    2. The sources of European Union law:
    - the right of origin;
    - derivative law;
    the jurisprudence of the Court of Justice of the European Union;
    General principles of law.
    3. European institutions:
    (a) Organs qualified as institutions:
    the European Parliament;
    the European Council;
    the Council;
    the European Commission;
    the Court of Justice of the European Union;
    - the European Central Bank;
    the Court of Auditors;
    (b) Advisory bodies:
    the Economic and Social Committee;
    the Committee of Regions;
    (c) Agencies;
    (d) Decision-making within the EU:
    legislative procedures:
    the proposal;
    the decision: ordinary legislative procedure, special legislative procedures;
    - enforcement procedures;
    - the delegation procedure;
    (e) EU skills:
    – the classification of EU skills:
    – exclusive skills;
    – shared skills;
    – support, coordination or complementing skills;
    ― adaptation of EU skills: Article 352 of the European Union's Treaty of Operations (TFUE);
    – limits to the exercise of EU skills:
    the principle of subsidiarity;
    - the principle of proportionality;
    - the withdrawal option clauses;
    – enhanced cooperation.
    4. The character of European Union law:
    the applicability of European Union law;
    – the primacy of European Union law.
    5. The policies of the European Union.
    (a) Freedom of movement:
    - goods;
    • people;
    services;
    - capital;
    (b) Competition:
    – agreements;
    - abuse of dominant position;
    - concentrations;
    - State aids.


    General criminal law
    General records of criminal law history,
    Criminology and Prison Science


    1. Criminal law:
    (a) The Criminal Law itself:
    - its importance;
    - its nature;
    - its domain of application in time and space;
    (b) The Criminal Law and the Judge:
    - the qualification of the facts;
    the interpretation of the law;
    - the regularity control of the law;
    (c) Criminal law and offence:
    - the constituent elements of the offence;
    - the qualifications of the offences.
    2. The offender:
    (a) Criminal responsibility of the offender:
    the principle and limits of personal responsibility;
    the author/coauthor/complice distinction;
    - the attempt;
    the distinction of a natural person/legal person, minor/majeur;
    - the particular case of political leaders;
    (b) Criminal accountability of the offender:
    objective causes of criminal irresponsibility;
    - subjective causes of criminal irresponsibility;
    various immunities.
    3. Penalties:
    (a) The penalty incurred;
    (b) The sentence pronounced;
    (c) The penalty is executed.


    Criminal procedure


    1. The guiding principles of criminal procedure.
    2. Criminal procedure actors:
    (a) Judicial police;
    (b) Parquet;
    (c) Lawyers;
    (d) Jurisdictions of instruction, judgment and enforcement of sentences;
    (e) The International Criminal Court and the International Criminal Courts.
    3. The dynamics of criminal proceedings:
    (a) Public action;
    (b) Civil action;
    4. The status of criminal cases:
    (a) Criminal evidence;
    (b) Police investigations;
    (c) The preparatory instruction.
    5. Judgment of criminal cases:
    (a) The various judgment procedures;
    (b) Internal remedies;
    (c) International remedies;
    6. International mutual assistance:
    (a) Institutional frameworks of mutual assistance:
    United Nations;
    – Council of Europe;
    - European Union;
    (b) Mechanisms and structures of mutual assistance:
    – Schengen agreements and Lisbon Treaty;
    - extradition and European arrest warrant;
    – European judicial network and liaison magistrates;
    Eurojust, Europol and Interpol;
    ― Joint Investigation Teams;
    the European judicial record.


    Second competition
    Special criminal law


    1. Crimes and offences against persons:
    (a) Voluntary violations of life;
    (b) Involuntary attacks on the life and integrity of the person;
    (c) Voluntary violations of the physical or mental integrity of the person;
    (d) Sexual assaults: rape, other sexual assaults, sexual exposure and sexual harassment;
    (e) The danger of the person;
    (f) Violations of human freedoms.
    2. Crimes and offences against property:
    (a) The flight;
    (b) The scam ;
    (c) The offences associated with fraud;
    (d) Recovery and non-justification of resources;
    (e) Family immunity;
    (f) Destruction, degradation and deterioration.
    3. Crimes and offences against the Nation, the State and public peace:
    (a) Abuse of authority committed against individuals;
    (b) Lack of probity;
    (c) Offences to public administration committed by individuals;
    (d) The usurpation of functions;
    (e) The use of signs reserved for public authority.
    4. Violations of the dignity of the person:
    (a) Discrimination;
    (b) Trafficking in human beings;
    (c) Proxenism and the resulting offences;
    (d) The use of prostitution of minors or particularly vulnerable persons;
    (e) The conditions of work and accommodation contrary to the dignity of the human person;
    (f) The damage to respect for the dead.
    5. Offences against minors and the family:
    (a) The neglect of a minor;
    (b) Family abandonment;
    (c) breaches of parental authority;
    (d) Offences to filiation;
    (e) The endangerment of minors.
    6. Drug use and trafficking:
    (a) Legal definition of narcotic drugs;
    (b) The use and provocation of the illicit use of narcotic drugs;
    (c) Drug trafficking.
    7. Participation in an association of criminals.
    8. Extortion, blackmail and demand for coerced funds.
    9. The breaches of public trust: the false and the use of false.
    10. The diversions:
    (a) Abuse of trust;
    (b) The embezzlement of spoiled objects;
    (c) The diversion of seized object;
    (d) The fraudulent insolvency organization.


Done on March 28, 2014.


The Minister of the Interior,

For the Minister and by delegation:

Director General

National Police,

C. Baland

The guard of the seals,

Minister of Justice,

For the Minister and by delegation:

Director of Criminal Affairs

and graces,

Mr. S. The Queau

The Minister of State Reform,

decentralization

and the Public Service,

For the Minister and by delegation:

Deputy Director of Interdepartmental Animation

human resources policies,

C. Nègre


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