Key Benefits:
The Seal Guard, Minister of Justice,
Vu la Act No. 83-634 of 13 July 1983 amended to ensure the rights and obligations of civil servants;
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 95-125 of 8 February 1995in its article 20, concerning the organization of courts and civil, criminal and administrative proceedings and the establishment of legal assistants;
See?Order No. 2005-901 of 2 August 2005 relating to the age conditions in the public service and establishing a new path for access to the careers of the territorial public service, the hospital public service and the state public service;
Vu le Decree No. 86-83 of 17 January 1986 amended on general provisions applicable to non-State agents;
Vu le Decree No. 95-979 of 25 August 1995 modified for the recruitment of disabled workers in the public service taken for the application of theArticle 27 of Act No. 84-16 of 11 January 1984 referred to above ;
Vu le Decree No. 96-513 of 7 June 1996 amended on the recruitment of justice assistants;
Based on the advice of the ministerial technical committee of 7 April 2014,
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A competent parity advisory board is established in the Ministry of Justice with respect to non-registrants recruited on the basis of articles 3 (2°, 3° and 6°), 4, 6 to 6 septiès, 22 bis and 27 of the Act of 11 January 1984 referred to above and Decree of 7 June 1996 serving in the services of the central administration in the decentralized services of the administration of the judicial services and the prison administration as well as the National School of the Judiciary, the service of prison employment and the National School of Prison Administration.
This commission is placed with the Secretary General of the Ministry of Justice.
The parity advisory committee established by this Order shall consist of four representatives of the incumbent staff and four representatives of the alternate staff.
Members of the parity advisory board shall be appointed for a period of four years. Their mandate can be renewed.
However, the duration of this mandate may be exceptionally reduced or extended, in the interest of the service, for all members of the commission by order of the security guard, Minister of Justice. These reductions or extensions may not exceed one year.
In the event of a merger of other parity advisory boards with the commission governed by this Order, each of them may remain competent and the mandate of their members maintained, by order of the Seal Guard, Minister of Justice, until the following general renewal. During this period, these commissions serve in joint training.
Upon the renewal of the parity advisory board, the new members shall be appointed on the date on which the term of office of the members to whom they succeed is terminated.
The representatives of the administration, the incumbent and alternate members of the parity advisory board, coming, during the above-mentioned four-year period, as a result of the resignation of the administration or their term as a member of the said commission, of long-term leave under theArticle 34 of the Act of 11 January 1984 referred to above, lay-off or for any other cause, to cease the functions in which they were appointed shall be replaced under the conditions set out in section 7 below. The term of office of their successors expires in this case during the renewal of the commission.
Staff representatives, incumbent and alternate members of the parity advisory board, coming within the above-mentioned four-year period as a result of termination of the contract, resignation of their contract or term as a member of the commission, leave without pay or serious sick leave of more than six months, to cease the functions for which they were appointed, shall be replaced under the conditions set out in Article 6 below. The term of office of their successors expires in this case during the renewal of the commission.
The replacement of staff representatives who are unable to perform their duties on any of the grounds listed in section 5 above shall be as follows:
(a) If it is a incumbent representative, the first alternate in the order of presentation of the list is appointed as the incumbent representative. This is then replaced by the first unelected candidate remaining on the same list;
(b) If it is an alternate representative, it is replaced by the first unelected candidate remaining on the same list.
Where a list is unable to provide, under the conditions provided for in the two preceding paragraphs, for the seats of a member or an alternate member to whom it is entitled, the seats left vacant shall be allocated in accordance with the procedure provided for in Article 18 below where the duration of the remaining term of office is less than or equal to the third of the period provided for in Article 3 of this Order. Where the remaining term of office is greater than one-third of the duration provided for in Article 3 of this Order, the renewal of the members of the Commission for the remainder of the term of office shall be carried out under the conditions set out in Articles 8 to 21 below.
Representatives of the administration, holders or alternates, shall be appointed by order of the Seal Guard, Minister of Justice, within fifteen days of the proclamation of the results of the elections under sections 8 to 21 of this Order.
They are selected from the incumbents of the category A to the Department of Justice or among non-public law officers performing functions equivalent to those performed by officials authorized to serve.
The chairmanship of the commission governed by this Order shall be ensured only by a incumbent official.
For the designation of its representatives, the administration must respect the principle of equality between women and men.
Except in the case of an early renewal of the commission, the elections to the parity advisory committee established by this Order shall take place not less than four months and not less than two months before the expiry date of the term of office of the members in exercise, as determined in Article 3 above.
The date of the election is set by joint order of the Prime Minister and the Minister for Public Service.
In the event of a by-election, the date is set by Seal Guard Order, Minister of Justice.
The officers referred to in section 1 of this Order shall be electors under the parity advisory board who meet the following cumulative conditions:
1° Rationale on the date of the election of an indeterminate contract or for at least two months of a minimum contract of six months or a contract that has been renewed successively for at least six months;
2° On the date of the election, perform their duties or be on paid leave or on parental leave.
With respect to renewed fixed-term contracts, the date to be used to assess the seniority condition is the starting date of the original contract.
Without prejudice to the rights they retain in their original administration, incumbent civil servants who are seconded in a contract job are electors in their detachment job.
For the performance of electoral operations, voters may be returned to the polling divisions created by the Secretary-General.
The list of electors called to vote is stopped by the Secretary-General. It is displayed in the voting section at least one month before the date fixed for the ballot. The quality of electors is appreciated on polling day.
Within eight days of the publication of the lists, electors can verify the registrations and, where applicable, submit applications for registration.
Within the same period and for three days from its expiry, claims may be made against registrations or omissions on the list of electors.
The Secretary-General shall promptly decide on the claims.
No modification shall be permitted beyond the time limit referred to in the fourth paragraph of this section unless an event after and taking effect no later than the day before the election results in the acquisition or loss of the elector's quality for an officer.
In this case, registration or delisting is pronounced, no later than the day before the election, either at the initiative of the administration or at the request of the person concerned, and immediately notified to the staff by posting.
Such an advisory committee shall be eligible for registration as defined in Article 9 of this Order.
However, are not eligible:
- Agents on severe sick leaveArticle 13 of Decree No. 86-83 of 17 January 1986 ;
- officers placed for any cause on leave without pay;
- agents affected by one of the incapacities imposed by the Articles L. 5 to L. 7 of the Electoral Code ;
- officers who have been struck by a temporary exclusion of duties under theArticle 43-2 of Decree No. 86-83 of 17 January 1986unless they have been amnested or this sanction has been removed from their administrative file.
Each list of candidates includes as many names as there are incumbent and alternate positions, without reference to the quality of the holder or alternate.
The same candidate cannot be submitted by several lists. The lists must be filed by the trade union organizations at least six weeks before the date fixed for the elections and shall bear the name of a list delegate, candidate or not, authorized to represent the list in all electoral operations. Trade union organizations may designate alternate delegates. Lists may be common to several trade union organizations.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
When the administration finds that the list does not meet the conditions set by theArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list's irrelevability. This decision shall be delivered no later than the day after the deadline for submission of the nomination lists.
No list may be filed or amended after the deadline for the previous article.
However, if, within three days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the three-day period referred to above, make necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
Where the admissibility of one of the lists is not recognized by the administration, the three-day period, as provided for in the first sentence of the second paragraph above, shall be limited in respect of that list only from the notice of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to provisions of the last paragraph of Article 9 bis of Law No. 83-634 of 13 July 1983.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
No withdrawal of nominations may be effected after the nomination of applications.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 20 of this Order shall be used.
The lists established under the conditions established by this Order shall be posted as soon as possible in each voting section.
When several trade union organizations affiliated with the same union union have filed competing lists for the same election, the administration shall, within three days from the filing limit, inform the delegates of each of the lists. They then have a period of three days to transmit the necessary changes or withdrawals of lists.
If, at the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three days the union of trade unions whose lists are required. It then has a five-day period to indicate to the administration, by registered letter with acknowledgement of receipt, the list that may avail itself of membership in the union for the purposes of this Order.
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 Law No. 83-634 of 13 July 1983 amended above and may not avail itself of the membership of this union for the purposes of the second paragraph of Article 15 of this Order.
The ballots and envelopes are prepared at the expense of the administration, based on a model provided by the administration, which transmits them to electors registered on the list of electors.
Reference is made on the ballot paper of the possible membership of the trade union organization to a union of national character, on the date of filing of the lists.
A central polling station is established for the parity advisory board. It proceeds with the counting of the ballot and proceeds without delay to the proclamation of the results.
An order of the Secretary-General may also establish special polling stations and voting sections.
In this case, the votes cast in the special polling stations and the voting sections are transmitted, under cached folds, by the head of service, to the central polling station or to a special polling station previously designated by the above-mentioned decree.
The central polling station and, where appropriate, the special polling stations and the voting sections include a chair, a secretary appointed by the Secretary-General and a delegate from each list in attendance.
The vote is held by secret ballot and under envelope. Electoral operations take place in the workplace during hours of service.
The proxy vote is not allowed.
The vote may be taken by correspondence under the conditions established by a decree of the Secretary-General. In this case, the envelopes sent by the electors, at the expense of the administration, must arrive at the polling station before the polling time is closed.
In each place of voting is a list of electors, which is demarcated by each elector and by a member of the office, or only by the elector in the event of a correspondence vote.
Electors can only vote for an entire list without delisting or adding names and without changing the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The central polling station notes the total number of voters and determines the total number of valid votes cast and the number of votes obtained by each list.
It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected.
The seats of staff representatives to the parity advisory board shall be allocated to the proportion as follows:
(a) Each list is entitled to as many seats as incumbent representatives 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;
(b) In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question have collected the same number of votes, the seat is assigned to one of them by drawing lots. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
Representatives of the incumbent and alternate staff are designated in the order of designation of the list.
In the case that no list has been submitted, staff representatives are designated by way of a random draw among non-binding agents of this category performing their functions in one of the three directions to which the party advisory board is established.
A record of electoral operations shall be prepared by the central polling station and shall be transmitted immediately to the Secretary-General and to the officers authorized to represent the lists of candidates under the conditions provided for in article 12 of this order.
Disputes on the validity of electoral transactions are brought, within five days of the proclamation of the results, to the Seal Guard, Minister of Justice, and, where appropriate, to the administrative jurisdiction.
The parity advisory commission established by this Order is obligatoryly consulted on individual decisions relating to terminations occurring at the expiry of the trial period and disciplinary sanctions other than warning and blame.
The Commission may be consulted, upon request of the concerned, on any individual matters relating to the professional situation of non-registrant agents, including:
- dismissals;
- refusal of leave for union training;
- refusal of leave for vocational training;
- refusal of leave without pay for family or personal reasons;
- refusal of authorization to perform part-time service and individual litigation relating to part-time conditions;
- refusal of requests for leave acquired under the savings-time account (Article 6 of the Decree of 30 December 2009 on the implementation of the savings-time account for officials of the Ministry of Justice and Freedoms, the Grand Chancellery of the Legion of Honour and for judicial officers);
- recourse to requests for review of professional maintenance (art. 1-4 [III] of the Decree No. 86-83 of 17 January 1986 referred to above).
The Joint Advisory Committee is informed of the conditions of re-employment after leave.
The parity advisory board may also be seized by its chairman or upon written request signed by at least half of the staff representatives of any individual matters concerning non-registrant agents.
The Joint Advisory Committee is chaired by the Secretary-General.
In the event of an incapacity, the Chairperson shall designate, to replace him, another representative of the administration, a member of the parity advisory board. It is mentioned in the minutes.
The Joint Advisory Committee shall develop its rules of procedure. The Secretary General is subject to approval.
The secretariat of the commission is provided by a representative of the administration who may not be a member of the commission.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president, countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission. This Minute is subject to the approval of the members of the Commission at the next sitting.
The Joint Advisory Committee shall meet at least twice a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
The Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of any matters within its competence. It issues its views to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
The parity advisory board meetings are not public.
The incumbent members and, possibly, their substitutes who may not participate in the proceedings and an equal number of representatives of the administration shall be called to serve.
Alternates may attend meetings without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
When the Commission refers to the situation of a staff representative serving as a licensee, it shall be appealed to the first alternate representative or, if not, to another alternate representative from the same list.
In the event that the commission is required to examine the situation of all representatives, holders and alternates, of the commission or if no representative may validly sit, the drawing procedure shall be applied under the conditions laid down in article 18 to designate representatives from among the representatives of the administration.
At the request of the administration or at the request of staff representatives, the President shall summon experts to be heard on one or more items on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
All facilities must be provided to members of the parity advisory board by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives, incumbents and alternates, and to experts to allow them to participate in the meetings of the commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commission.
Members of the commission and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and by its rules of procedure provided for in Article 25 of this Order.
In addition, at least three quarters of its members must be present at the opening of the meeting.
When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
Members of the commission having a deliberative vote do not receive compensation as a result of their duties in the commission. However, they are compensated for their travel and living expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel.
Competent Joint Advisory Boards for Non-Central Administration Officers, Deconcentrated Services of the Judicial Services Directorate and the Prison Administration and the National School of the Judiciary remain competent until the general renewal of public service consultation bodies scheduled for December 2014.
The provisions of the amended decrees of 9 May 1990 establishing a competent parity advisory board with respect to the contracting officers of the central administration of the Ministry of Justice, of 12 December 2008 establishing a parity advisory board to the direction of the judicial services, of 7 July 2011 establishing a parity advisory board to the direction of the penitentiary administration of the Ministry of Justice, and of the decision of 5 December 2008 of the director of the National School
The Secretary General of the Ministry of Justice is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on July 3, 2014.
For the Minister and by delegation:
The Secretary General,
E. Lucas
