Key Benefits:
Minister of Defence,
Vu le Electoral codeincluding articles L. 5 and L. 6;
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. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents taken for applicationArticle 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. 2008-989 of 18 September 2008 establishing the statutory provisions applicable to civilian physicians specialized in the apparatus of physical disabled and disabled persons performing their functions in the Department of Defence departments responsible for ex-combatants;
Considering the amended decision of 10 April 2007 pursuant to Decree No. 2006-781 of 3 July 2006 and setting out compensation scales and compensation arrangements for civilian personnel of the Ministry of Defence as part of their temporary travel;
Considering the advice of the Technical Committee of the Polytechnic School dated 16 June 2014;
Considering the advice of the Technical Committee of the National Military Social Security Fund dated 23 June 2014;
Considering the advice of the Technical Committee of the National School of Advanced Techniques dated 4 June 2014;
Considering the advice of the Technical Committee of the Higher Institute of Aeronautics and Space of 10 June 2014;
Considering the advice of the technical committee of the Ecole nationale supérieure de techniques avancée Bretagne dated 22 May 2014;
Considering the advice of the Technical Committee of the National Institute of Invalids of 27 June 2014;
Considering the advice of the Technical Committee of the Army Museum dated 16 June 2014;
Considering the advice of the Air and Space Museum Technical Committee dated 14 May 2014;
Considering the advice of the Technical Committee of the National Marine Museum dated 4 June 2014;
Having regard to the advice of the Technical Committee of the Defence Communication and Audiovisual Production Establishment of 14 May 2014;
Considering the advice of the Marine Hydrographic and Oceanographic Service Technical Committee dated 23 May 2014;
Based on the advice of the Department of Defence Technical Committee dated 9 July 2014,
Stop it!
A parity advisory commission is established in the Ministry of Defence, as described below as "the commission". This commission is placed with the Human Resources Director of the Ministry of Defence. It is competent in respect of the following designated personnel:
1° Contractual agents of the Ministry of Defence recruited under the above-mentioned Act of 11 January 1984;
2° Doctors recruited under the provisions of the decree of 18 September 2008 referred to above ;
3° Public law officers employed pursuant to the jurisprudence of the Dispute Tribunal of 25 March 1996;
4° Officials of public administrative institutions, whose list is annexed to this Order, recruited under the above-mentioned Act of 11 January 1984, excluding those recruited under Article 3(2) of this Act.
Engineers, technical and technical executives of the General Directorate of Arming, as well as officials of the industrial and commercial public institutions of the Ministry of Defence, do not fall within the scope of the commission.
The commission consists of two colleges in accordance with the following table:
| Holders | Alternates | Holders | Alternates | |
| College No. 1 Level A | 4 | 4 | 8 | 8 |
| College 2 Levels B and C | 4 | 4 |
The members of the commission shall be elected for a period of four years. Their mandate can be renewed. However, when a commission is created or renewed during the electoral cycle, members are appointed for the duration of the term remaining to be run prior to the general renewal.
The date of the elections for the general renewal of the commission is set by joint order of the Prime Minister and the Minister for Public Service.
shall be electors for the appointment of staff representatives within the commission of the contracting agents recruited in accordance with the provisions of Article 1 of this Order in the position of activity on the date of the election and in one of the following situations on that date:
- benefit from an indefinite contract and justify at least six months of presence;
- benefit from, for at least four months, a fixed-term contract of a minimum of six months and the maturity of which occurs not earlier than two months after the date of the election.
In addition, contractual staff are required to perform their duties or be on paid leave or on parental leave. The quality of the elector is appreciated on the date of the vote.
Without prejudice to the rights they retain in their administration or body of origin, the incumbent civil servants, seconded in a contract, are electors in their detachment job.
The list of electors called to vote is stopped under the conditions set out inarticle 13 of the decree of 28 May 1982 referred to above.
The list is displayed in the voting section at least one month before the date of the vote.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. In the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The authority to which the commission is placed shall decide promptly on the claims.
No change is then allowed, unless a subsequent event 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, the 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 interested party, and immediately notified to the staff by posting.
As staff representatives, contractual staff members who meet the requirements for registration are eligible for registration.
However, contractual agents are not eligible for severe sick leave, or for any reason on leave without pay, or for any of the incapacities cited by the Articles L. 5 to L. 6 of the Electoral Codeneither those who have been struck by a temporary exclusion of duties, unless they have been amnestied or have received a decision accepting their request that no record of the sanction pronounced remain on their file.
Separate lists of applications are established for each college. Each list of candidates includes as many names as there are seats to be filled, holders and alternates, for each college.
These lists may include officers employed by public administrative institutions whose list is attached.
The same candidate may not be presented by several lists under a college of the same commission.
The lists must be filed at least six weeks before the date fixed for the elections by the trade union organisations which, in the public service of the State, meet the conditions fixed to the electionsArticle 9 bis of the Act of 13 July 1983 referred to above. Each list must include the name of a list delegate, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The union organization may designate an alternate delegate.
Lists may be common to several trade union organizations. When a common list has been established by trade union organizations, the protocol for the distribution of votes cast must be attached when the list is deposited.
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 lists of applications.
Lists of candidates shall be arrested under the conditions provided for in the articles 16 and 16 bis of the decree of 28 May 1982 referred to above.
Voting ballots and envelopes shall be made at the expense of the administration, in accordance with provisions of Article 17 of the Decree of 28 May 1982 referred to above.
Staff representatives are elected by a list of proportions with the highest average distribution of remains.
Electoral operations are conducted publicly in the workplace and during service hours.
The vote is held by secret ballot and under envelope.
For each college, electors can vote only 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 vote may take place by mail for electors in one of the following situations:
- not perform its duties in the vicinity of the voting section to which the officer is attached;
- be on parental leave, maternity leave, paternity leave or adoption leave;
- be on sick leave or sick leave;
- be absent due to service requirements.
The correspondence vote is also open to officers in a position of absence that is regularly authorized not listed in this section.
The envelopes sent, at the expense of the administration, must be sent to the polling station prior to the closing time.
It can be used in electronic voting according to the terms defined by decree in the Council of State.
The proxy vote is not allowed.
A polling station is established to proceed with the proclamation of results.
The polling station notes the total number of votes cast for each panel of the commission and then determines the total number of valid votes cast and the number of votes obtained by each list. It determines the electoral quota for each of the colleges by dividing the total number of valid votes cast by the number of seats to be filled.
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.
In the event that several lists have the same average and that there is a seat to be filled, the said seat is assigned to the list that collected the largest number of votes. In case of equality, the seat is assigned to the oldest candidate in attendance.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list. Representatives are designated according to the order of presentation of the list.
In the case that no nominations have been made for a particular college, representatives of that college shall be nominated, by drawing of lots, among eligible officers at that college. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
The polling station shall prepare the record of the electoral transactions.
Without prejudice to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above, disputes over the validity of electoral transactions shall be brought within five days of the proclamation of the results to the Director of Human Resources of the Ministry of Defence and, where appropriate, to the administrative jurisdiction.
If, prior to the expiry of his term of office, one of the representatives of the members of the commission is unable to perform his or her duties, he or she shall be replaced by the first alternate in the order of the list under which he or she was elected until the commission was renewed.
Similarly, if, before the expiry of his term of office, one of the representatives of the alternate members of the commission is unable to perform his duties, he is replaced by the first unelected candidate of the same list until the commission is renewed.
Where a list is unable to provide, under the above conditions, to the seats of the incumbent members or alternate members to whom it is entitled for a college, the trade union organization that has submitted the list shall designate its representative from the contracting agents of that college under the commission, eligible at the time of designation, for the duration of the term remaining to be carried out.
A staff representative who changes colleges during the term of office must resign and be replaced in accordance with the above-mentioned provisions.
Representatives of the administration, holders and alternates, within the commission shall be appointed by order of the Minister of Defence within fifteen days of the proclamation of the results of the elections under Articles 7 and 7 of this Order. They are chosen from state agents belonging to a body of officials classified in category A or assimilated or among officers.
For the designation of its representatives, the administration must respect a minimum proportion of one third of persons of each sex. This proportion is calculated on all members representing the administration, licensees and alternates.
Representatives of the incumbent or alternate member administration of the commission shall, during the four-year period referred to in section 4, cease the functions for which they have been appointed shall be replaced under the conditions provided for in the preceding paragraphs. The term of office of their successors expires in this case during the renewal of the commission.
When the Commission examines the situation of an officer of one of the administrative public institutions whose list is annexed to this Order, a representative of the administration of that institution is designated as an expert.
The commission is obligatoryly consulted on individual decisions relating to terminations and disciplinary sanctions other than warning and blame.
The Commission may, at the request of the interested agent, have individual disputes relating to:
(a) Evaluation;
(b) Denial of leave referred to in the articles 11, 19 to 24 and 33-2 the decree of 17 January 1986 referred to above;
(c) Disciplinary sanctions such as warning and blame;
(d) Failure to allow absence to follow a preparation for an administrative competition or training;
(e) Failure to authorize part-time work application and individual litigation relating to part-time conditions;
(f) Conditions of re-employment after leave if they do not appear in accordance with the provisions of the articles 32 and 33 the decree of 17 January 1986 referred to above;
(g) Non-financial recruitment or contract renewal procedures.
The Commission may be seized by its Chairperson or upon written request of at least half of the staff representatives who hold all matters within its jurisdiction, including individual matters, with the exception of non-contract renewal decisions.
The commission is chaired by the Human Resources Director of the Ministry of Defence or his representative.
The Commission develops its rules of procedure that are subject to approval by the Director of Human Resources of the Ministry of Defence.
The secretariat 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 and signed by the secretary and deputy secretary. This report is submitted to the members for approval at the next session.
The Commission shall meet at least twice a year, at the invitation of its Chairperson, at its initiative or, within the maximum of two months, upon written request of at least half of the staff representatives.
Alternate persons may attend the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item. Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
Committee meetings are not public.
The Commission shall issue a notice 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.
The commission shall deliberate only on the condition that it observe the rules of constitution and operation as enacted by the law of 11 January 1984 referred to above and by this decree, as well as by the rules of procedure.
The Committee may be convened in plenary or restricted training.
When the committee sits in plenary training, the quorum appreciates the plenary training and not on each college the component. To properly deliberate, at least two thirds of the members of the committee must be present at the opening of the meeting.
The commission may also be convened by restricted training college, in particular in the following cases:
- to discuss issues not of interest to other colleges;
- disciplinary matters;
- when it is seized by an agent of an application relating to its assessment.
When the commission sits in restricted training, the representatives of the staff (titular or alternate) elected under the college and an equal number of representatives of the administration are called to deliberate. To properly deliberate, half of the members of Colleges 1 or 2 must be present at the opening of the meeting.
When the quorum is not reached, in plenary or restricted training, a new convocation is sent within eight days to the members of the commission who then sits validly if half of its members is present.
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.
All facilities must be provided to the members of the commission to perform their functions.
The agenda of each meeting shall be communicated to all members, holders and alternates, under the conditions defined by the rules of procedure. The representatives of the staff appointed to serve shall meet one to two days, depending on the agenda, before the meeting of the commission in a local area for that purpose and shall be provided with all documents and documents enabling them to prepare the work of the commission.
A leave of absence is granted to staff representatives to allow them to attend the meetings of this commission, on a simple presentation of their convocation. The duration of this authorization is calculated taking into account the time limits, the duration of the meeting, and increased by a maximum of two days, in order to put the persons concerned in a position to ensure the preparation and reporting of the work of the commission, without the time being able to exceed two days.
Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
In the interest of the service, the duration of the commission's mandate may be reduced or extended by joint order of the Minister for Public Service and the Minister of Defence. This reduction or extension may not exceed 18 months.
In the event of difficulty in its operation, the commission may be dissolved in the form provided for in its constitution after advice from the departmental technical committee of defence.
A new commission shall be established, within two months, under the conditions established by this Order.
Members of the commission do not receive any compensation as a result of their duties in the commission. However, they are compensated for their travel and living expenses under the conditions set out in the above-mentioned decision of 10 April 2007.
The Order of 23 July 2008 concerning the Joint Advisory Committee of the Ministry of Defence of Contractual Agents recruited under the Act of 11 January 1984 is repealed.
The Director of Human Resources of the Ministry of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
The officers, recruited under the conditions referred to in Article 1 of this Decree by the administrative public institutions listed below, are attached to the commission:
Polytechnic school;
National Military Social Security Fund;
National institution of invalids;
National School of Advanced Techniques;
Higher Institute of Aeronautics and Space;
École nationale supérieure de techniques avancée Bretagne ;
Army Museum;
Air and Space Museum;
National Marine Museum;
Establishment of communication and audiovisual production of defence;
Marine Hydrographic and Oceanographic Service.
Done on 31 July 2014.
For the Minister and by delegation:
The Director of Human Resources of the Ministry of Defence,
J. Feytis
