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Decree No. 2014 - 1261 29 October 2014 Amending Decree No. 2011-931 Of August 1, 2011 On The Particular Status Of The Body Of The General Inspectorate Of Social Affairs

Original Language Title: Décret n° 2014-1261 du 29 octobre 2014 modifiant le décret n° 2011-931 du 1er août 2011 portant statut particulier du corps de l'inspection générale des affaires sociales

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Keywords

SOCIAL AFFAIRS , PUBLIC FUNCTION OF ETAT , CENTRAL ADMINISTRATION , GENERAL INSPECTION OF SOCIAL AFFAIRS , IGAS , PERSONNEL , FUNCTIONAL , PARTICULAR STATUS , REPRESENTATIVE , POSITION , INDUSTRY ,


JORF No.0253 of 31 October 2014
text No. 22



Decree No. 2014-1261 of 29 October 2014 amending Decree No. 2011-931 of 1 August 2011 on the special status of the body of the general inspection of social affairs

NOR: AFSJ1408905D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/10/29/AFSJ1408905D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/10/29/2014-1261/jo/texte


Publics concerned: administrations, agents likely to be accommodated in the body of the general social affairs inspection (IGAS), members of IGAS.
Subject: opening of two out-of-the-clock recruitment paths (jurisdictional officers and PhD holders).
Entry into force: the text comes into force on the day after its publication and the recruitments take place as inspectors have been recruited under articles 22 and 23 of the decree of 1 August 2011, within the limits of the projected ceiling.
Notice: The latest IGAS statutory reform, in 2011, opened two exceptional lines of recruitment, under a workforce ceiling, for the benefit of the general advisors of health facilities and insurance commissioners, whose respective hospital, financial and statistical skills are particularly useful to IGAS missions.
In order to ensure that IGAS maintains competence in these areas, the decree provides, within the limits of the number of staff provided by the statutory decree currently in force, the recruitment, on the one hand, of hospital management personnel and, on the other hand, as part of an external competition on titles and works, of holders of a doctorate in scientific disciplines, or of a recognized title equivalent.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women's Rights, the Minister of Labour, Employment, Vocational Training and Social Dialogue and the Minister of Decentralization and Public Service,
Vu le education codeincluding article L. 612-7;
Vu le Public Health Codeincluding article L. 6143-7-2;
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. 2005-922 of 2 August 2005 amended on the conditions for the appointment and advancement of certain functional jobs of the establishments referred to in Article 2 (1° and 7°) of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in the Public Service Access Competition and Employment Frameworks;
Vu le Decree No. 2011-931 of 1 August 2011 amended bearing particular status of the body of the general inspection of social affairs;
Considering the advice of the ministerial technical committee of the Ministry of Labour, Employment and Social Dialogue of 23 May 2014;
Considering the advice of the ministerial technical committee of the Ministry of Social Affairs and Health dated 27 May 2014;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


After Article 6 of the above-mentioned Decree of 1 August 2011, an article 6-1 is inserted as follows:


"Art. 6-1. - I. - By derogation from the provisions of Article 6, depending on the needs of the service and within a contingent of ten members belonging to the body, the 2nd class inspectors may also be recruited from candidates with a doctoral degree defined in theArticle L. 612-7 of the Education Code in scientific disciplines, or justifying at least equivalent qualifications recognized under the conditions provided by the Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in the Public Service Access to the Body and Job Frameworks competition, and having met the tests of an external competition on titles and works.
"No one can present himself more than three times to this external contest.
"The list of disciplines that open access to the competition, its organizational arrangements and the nature of the trials are set by joint decree of the Ministers for Social Affairs and the Minister for Public Service.
"The appointments are made by decree of the President of the Republic.
“II. - 2nd class inspectors recruited under this section who, prior to their appointment, did not have the status of an employee shall be graded at the level of an inspector of 2nd grade, taking into account:
« 1° The preparation period for the doctoral degree, or the equivalent title required, within two years;
« 2° The duration of the professional activities corresponding to the level and specialty of the degree, exercised after graduation or the equivalent title required, at two-thirds of that duration within four years.
"III. - 2nd class inspectors recruited under this section who, prior to their appointment, had the status of an employee, are classified at the level of a 2nd class inspector with an equal index or, if not, immediately higher than that of which they were in their original body or employment framework.
"In the limit of the seniority required in section 15 for a promotion at the higher level, they retain the seniority acquired in their previous grade or class, when the increase in treatment following their appointment is less than that which would result from a level advancement in their former situation.
"The officers appointed while they had reached the highest level of their previous grade or class retain their seniority under the same conditions and limitations when the increase in treatment following their appointment is less than that resulting from a promotion at the latter level.
"IV. - The inspectors referred to in the III of this section may also be classified as a second class inspector under the conditions provided for in the II if the latter conditions are more favourable to them. »

Article 2 Learn more about this article...


After Article 9 of the same decree, an article 9-1 is inserted as follows:


"Art. 9-1. - I. - Seven General Inspectors of Social Affairs jobs are reserved for public servants with more than twenty years of public service on the date of appointment and having held at least five years one of the jobs mentioned to 1° and 2° of Article L. 6143-7-2 of the Public Health Code or one of the functional jobs in Group I referred to inArticle 1 of Decree No. 2005-922 of 2 August 2005 the conditions for the appointment and advancement of certain functional jobs of the establishments referred to in Article 2 (1° and 7°) of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service.
“II. - Appointments to these jobs are non-scheduled and distinct from those made under the provisions of Article 8.
"III. - The appointment to these positions shall be made on the proposal of the selection committee under the conditions set out in the third and fourth paragraphs of Article 11. By derogation from the provisions of this section, the selection committee proposal may include less than two names per post to be filled.
"It is pronounced by decree of the President of the Republic, after the advice of the parity administrative commission. »

Article 3 Learn more about this article...


Article 18 of the same decree is supplemented by a second paragraph as follows:
"The provisions of this Article shall not apply to inspectors general and inspectors recruited under Article 17. »

Article 4 Learn more about this article...


After Article 23 of the same decree, an article 23-1 is inserted as follows:


"Art. 23-1. - I. - The ten quota referred to in I of Article 6-1 is reduced by the number of members of the body appointed under Article 23.
“II. - The total number of inspectors in the body, recruited under section 9-1 and section 22, cannot exceed ten. »

Article 5 Learn more about this article...


The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Labour, Employment, Vocational Training and Social Dialogue, the Minister of Decentralization and the Public Service and the Secretary of State responsible for the budget are responsible, each with regard to it, for the execution of this decree, to be published in the Official Journal of the French Republic.


Done on 29 October 2014.


Manuel Valls

By the Prime Minister:


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


Minister of Finance and Public Accounts,

Michel Sapin


The Minister of Labour, Employment, Vocational Training and Social Dialogue,

François Rebsamen


Minister of Decentralization and Public Service,

Marylise Lebranchu


The Secretary of State in charge of the budget,

Christian Eckert


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