Key Benefits:
The Grand Chancellor of the Legion of Honour,
Vu le Administrative Justice Code ;
Vu le Electoral codeincluding articles L. 5 to L. 7;
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. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the public service;
Vu le Decree No. 62-1472 of 28 November 1962 amended Code of the Legion of Honour and Military Medal ;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 2014-1137 of 6 October 2014 establishing a competent parity advisory board with respect to non-members of the Grand Chancellery of the Legion of Honour;
In view of the advice of the Technical Committee of the Grand Chancellery of the Legion of Honour on April 4, 2013 and July 2, 2014,
Stop it!
General provisions
The competent parity advisory board with respect to non-holders assigned to the department of the Légion d'honneur is obligatoryly consulted on individual decisions relating to terminations acting after the trial period and disciplinary sanctions other than warning and censure.
It includes equal numbers of representatives of the administration and staff representatives and may be consulted, upon request, on matters relating to:
- the evaluation of their results and their way of serving as it results notably from the performance report;
- the refusal of leave mentioned in Titles III and IV of the decree of 17 January 1986 referred to above;
- refusal of permission to apply for part-time work and individual disputes relating to part-time conditions;
- conditions of re-employment after leave if they do not appear in accordance with the provisions of Title VIII of the decree of 17 January 1986 referred to above;
- the non-financial terms of employment and contract renewal.
Its composition is fixed as follows:
| Contractual | 2 | 2 | 2 | 2 |
Members of the parity advisory board shall be appointed for a period of four years. Their mandate can be renewed.
Upon the renewal of the commission, 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 term of office may be exceptionally reduced or extended within eighteen months.
Representatives of the administration, holders and alternates, are appointed by the Grand Chancellor of the Legion of Honour within fifteen days of the proclamation of the results of the elections. They are selected from category A officials or non-qualified officers who perform their duties in the Grand Chancellery of the Legion of Honour.
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 representatives, holders and alternates.
Representatives of the directors, incumbent and alternate members, of the commission, coming during their term of office to cease their duties, shall be replaced under the conditions provided for in Article 3.
The term of office of their successors expires in this case during the renewal of the commission.
The election of the parity advisory board shall take place on the date fixed for the general renewal of the public service representative bodies.
In the event of a by-election, the organization and date of the elections of staff representatives to the parity advisory board shall be determined by order of the Grand Chancellor of the Legion of Honour.
Voters are non-registrants who meet the following conditions:
1° Rationale for an indeterminate contract or a contract for a minimum of six months or a contract that has been renewed successively for at least six months at the time of the election;
2° Be employed without interruption for at least three months at the date of the election, with the exception of indeterminate contract agents;
3° Being, on the date of the election, in activity or on parental leave.
Without prejudice to the rights they retain in their original administration, incumbent civil servants, seconded in a contracting job, are electors in their detachment job.
The list of electors called to vote is stopped by the Grand Chancellor of the Legion of Honour. It is posted at least 15 days before the date fixed for the ballot.
Within eight days of the publication, electors can verify 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 Grand Chancellor of the Legion of Honour ruled promptly on the claims.
No change is 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.
Staff representatives are designated as eligible officers to be registered on the electoral list of the commission.
However, may not be designated agents on sick leave or those who are affected by any of the incapacities set out in the sections L. 5 and L. 6 the electoral code or those who have been struck by a temporary exclusion of duties, unless it has been amnestied or the interested parties have received a decision accepting their request that no record of the sanction pronounced remain in their file.
Lists of candidates may be common to several trade union organizations.
Each list of candidates has at least the name of a holder and that of an alternate and must bear the name of a delegate authorized to represent the candidate organization in all electoral operations and may be accompanied by a profession of faith. The organization may designate an alternate delegate.
Lists of candidates must be filed or sent by registered letter with acknowledgement of receipt to the Secretary General of the Grand Chancellery of the Legion of Honour by trade union organizations at least six weeks before the date of the election. 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 delegate representing the candidate organization.
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 of candidates may be filed, amended or withdrawn after the deadline for the preceding paragraph.
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 above-mentioned three-day period, make any 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 rectification period provided for in the first sentence of the preceding paragraph shall be limited to that list only after the notice of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to the last paragraph of article 9 bis of the Act 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.
The lists of trade union organizations having been candidates and retained by the administration are posted as soon as possible at the polling station.
When several trade union organizations affiliated with the same union of civil servants have filed competing lists for the same election, the administration shall, within three days of the deadline for filing the lists, inform the delegates of each of the applications concerned. They then have a three-day deadline to transmit the necessary changes or withdrawals of applications.
If, after the expiry of the latter period, these amendments or withdrawals of applications have not taken place, the administration shall inform within three days the union of the trade unions whose applications are required. It then has a period of five days to indicate to the administration, by registered letter with a request for notice of receipt, the list which may avail itself of membership of the union.
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 the Act of 13 July 1983 referred to above and cannot avail itself of belonging to a union.
Where the admissibility of one of the lists is not recognized by the administration, the procedure described above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to the decision of the administration, in accordance with the provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.
Electoral operations are conducted publicly in the workplace and during hours of service.
Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote shall be held by secret ballot and in envelope, by correspondence, as follows:
1° Each elector inserts his ballot in a first envelope (known as envelope 1). This envelope shall not bear any distinguishing mention or sign;
2° He then places this envelope number 1 in a second envelope (known as "Envelope #2") which he hides and on which he applies his signature and clearly bears his name and first names and his assignment;
3° It then places this envelope number 2 in a third envelope (known as envelope number 3) that it addresses by post to the polling station of which it depends. Envelope No. 3 must arrive at the polling station before the polling closing time.
The envelopes sent, at the administration's expense, by the electors must arrive at the polling station before the polling day is closed.
The ballots and envelopes are provided by the administration.
Voting ballots, envelopes and professions of faith are transmitted by the administration to agents admitted to voting.
A central polling station is established with the Grand Chancellor of the Legion of Honour.
The central polling station includes a president and secretary appointed by the Grand Chancellor of the Legion of Honour and a delegate from each trade union organization in attendance.
The central polling station shall conduct the counting of the ballot within a period not exceeding three working days from the date of the election, except in particular circumstances.
Receiving and enumerating correspondence votes is carried out under the following conditions:
1° Each envelope number 3 is open. The list of electors is started. The envelope containing the envelope in which the ballot is placed is filed in the ballot box;
2° Are apart, without being open:
Envelopes No. 3 reached the polling station after the closing time of the poll;
Envelopes No. 2 on which the name and signature of the voting or on which the name is illegible;
Multiple envelopes reached under the signature of the same agent. In this case, the demarcation corresponding to this name is performed on the list of electors;
Envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The name of the voters whose envelopes emanate is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
3° The envelopes that have been set aside without being opened are annexed to the Minutes of Electoral Operations.
4° Correspondence votes reached in the polling station or in the polling division after the poll closing hour are returned to the interested parties with the date and time of receipt.
The 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 trade union organization. It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected.
It shall prepare a record of the electoral transactions and shall immediately transmit it to the authorized delegates to represent the trade union organizations under the conditions laid down in Article 9.
He proclaims the results.
The designation of members holding the Joint Advisory Committee shall be as follows:
1° 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, for the assignment of a seat, several trade union organizations have the same average, the seat is assigned to the trade union organization that has collected the largest number of votes. If several trade union organizations have obtained the same number of votes, the seat is assigned to one of them by drawing lots.
The number of seats of alternate representatives assigned to each trade union organization is equal to that of the incumbent representatives;
2° When no list of candidates has been submitted by trade union organizations, a lot shall be drawn among eligible voters at the time of designation.
Disputes on the validity of electoral operations are brought, within five days of the proclamation of the results, to the Grand Chancellor of the Legion of Honour, and, where appropriate, to the administrative jurisdiction.
If, prior to the expiry of the term of office, one of the representatives of the staff, whether a member of the commission or an alternate member of the commission, is unable to perform his or her duties as a result of the resignation of the employee's employment or of his or her term as a member of the commission, termination, termination, unpaid leave, the administration shall make his or her replacement until the renewal of the commission under the conditions set out below.
The incumbent representative shall be replaced by the alternate representative or the remaining first non-elected candidate of the list or, if the replacement is impossible, by a representative designated by the same trade union organization under the conditions laid down in Article 9.
The alternate representative shall be replaced by the remaining first non-elected candidate from the list or by a representative designated by the same trade union organization under the conditions provided for in Article 9.
Representatives shall be designated as eligible officers to be registered on the list of electors of that commission, eligible at the time of designation, for the remainder of the term.
When a staff representative, a incumbent or alternate member of the Commission changes the level of category, he/she continues to represent the level of category for which he/she was designated.
The Joint Advisory Committee is chaired by the Secretary General of the Grand Chancellery of the Legion of Honour.
In the event of an incapacity, the Chairperson shall designate, to replace him, another representative of the administration, a member of the board. Reference is made to the minutes of the meeting.
The Joint Advisory Committee shall develop its rules of procedure. This must be subject to the approval of the Grand Chancellor of the Legion of Honour.
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 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 once a year and shall have before it any matter within its competence by its Chairman or upon written request signed by at least half of the staff representatives.
This commission is obligatoryly consulted on individual decisions relating to terminations occurring after the trial period and disciplinary sanctions other than warning and blame. It may also be consulted on any individual matters relating to the professional situation of non-holders.
When the parity advisory board is to decide on disciplinary matters, only staff representatives who are at least equal to that of the officer whose file is reviewed and an equal number of representatives of the administration are required to deliberate.
The parity advisory board is validly deliberating when at least two thirds of its members are present at the opening of the meeting. When this quorum is not reached, a new convocation is sent within eight days to the members of the commission who then sit validly if half of its members are present.
Alternates may attend meetings of the committee. 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, so that they may be heard on an agenda item.
Experts may only attend, excluding the vote, part of the debates on the issues for which their presence was requested.
The Commission shall issue its opinion 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.
When the administration makes a decision contrary to the opinion or proposal issued by the Board, it must inform the Board of the reasons that led to it not following the notice or proposal.
The parity advisory board meetings are not public.
Only the incumbent members and, possibly, their alternates representing non-registrant agents and an equal number of representatives of the administration are required to deliberate.
All facilities must be provided to the parity advisory board by the administration to enable it to fulfill its responsibilities. In addition, the communication must be given to it of all documents and documents necessary to carry out its mission at least eight days before the date of the session.
A leave of absence is granted to staff representatives to allow them to attend meetings of this body. 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 enable the persons concerned 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.
The present order will be issued in the Official Journal of the French Republic.
Done on 6 October 2014.
For the Grand Chancellor and by delegation:
The Secretary General,
J. Boudy
