Key Benefits:
Public officials concerned: civil servants, non-public law officers, workers ' status of government and state administrative institutions, trade union organizations of civil servants.
Subject: composition and functioning of the Supreme Council of the Public Service of the State (CSFPE) ; improvement of its functioning.
Entry into force: the text comes into force on the day after its publication.
Notice: the list of bodies whose professional elections are taken into account for the determination of the composition of the CSFPE is updated to include the technical committees of the Institute of France, its academies, and the National Academy of Medicine, which are legal persons of public law with special status as well as the ministerial advisory committee of the masters of private education under contract and the ministerial advisory committee of the staff teachers and of agricultural documentation of private institutions.
Improvements are also being made to the operation of CSFPE to refocus the competence of its Plenary Assembly on transverse texts. In addition, the amendments having obtained the majority of the votes cast in the statutory committee, and not the majority of the members present, will be considered by the plenary assembly. Finally, it is anticipated that a draft text being the subject of a unanimous unfavourable vote in a statutory committee sitting in a consultative section may be, by decision of the President of CSFPE, directly considered in plenary meeting, without requiring further consultation with the statutory committee.
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 Decentralization and Public Service,
Considering the education code, including its article L. 914-1-2;
In view of the rural and maritime fishing code, including its article L. 813-8-1;
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
In view of the amended Decree No. 2012-225 of 16 February 2012 on the Supreme Council of the Public Service of the State;
Considering the opinion of the Conseil supérieur de la service publique de l'Etat of 20 November 2014;
The State Council (Section of Administration) heard,
Decrete:
The provisions of Article 5 of the above-mentioned Decree of 16 February 2012 are thus amended:
1° At the 4th of the I, after the words: "of the great chancellery of the Legion of Honour", are inserted the words: "of the Institut de France, of the French Academy, of the Academy of Inscriptions and Beautiful Letters, of the Academy of Sciences, of the Academy of Fine Arts, of the Academy of Moral and Political Sciences, of the National Academy of Medicine",
2° The 8th I is replaced by the following:
« 8° To the Ministerial Advisory Committee of the Masters of Private Education under contract referred to in Article L. 914-1-2 of the Education Code and to the Ministerial Advisory Committee of Teachers and Documentation Personnel referred to in Article L. 813-8-1 of the Rural and Maritime Fisheries Code, with regard to the sole vote of public officials and agents of public law; "
In the fifth paragraph of Article 11 III and the second paragraph of Article 14 of the same Decree, the reference: "5°" is replaced by the reference: "4°".
In article 23 of the same decree, the words "by a majority of the members" are replaced by the words "by a majority of the votes cast by the members".
Article 24 of the same decree is replaced by the following provisions:
"Art. 24.-"When a draft text submitted to the plenary assembly or to the statutory committee sitting in the advisory section pursuant to Article 2 receives a unanimous unfavourable vote, the draft text shall be reviewed and a new deliberation of the plenary or statutory committee sitting in the advisory section shall be held within a period not less than eight days and not more than thirty days. The new convocation shall be sent within eight days to the members of the Council.
"However, a draft text submitted to the statutory committee sitting in an advisory section that has received a unanimous unfavourable vote may, by a decision of the President of the Superior Council, be reviewed and deliberated in the plenary meeting. The President of the High Council shall inform the members serving on the High Council of the consultations conducted between the expression of the unanimous unfavourable vote and the new examination of the text by the members of the Superior Council of the Public Service of the State.
“The Superior Council then sits validly regardless of the number of members present. It cannot be called upon to deliberate once again after one or the other modality of this same procedure. »
The Minister of Decentralization and Public Service is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on December 26, 2014.
Manuel Valls
By the Prime Minister:
Minister of Decentralization and Public Service,
Marylise Lebranchu
