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Order Of 16 September 2015 On The Status Of The National Council Of Welfare

Original Language Title: Arrêté du 16 septembre 2015 relatif au statut du Conseil national de l'action sociale

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JORF no.0215 of 17 September 2015
text No. 19



Decree of 16 September 2015 on the status of the National Council of Social Action

NOR: JUST1519909A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/9/16/JUST1519909A/jo/texte


The Seal Guard, Minister of Justice,
See?Article 9 of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants;
Having regard to the amended decision of 25 February 2010 on the status of the National Council for Social Action;
Having regard to the orders of 9 April 2015 appointing the President and Vice-President of the National Council for Social Action;
Considering the deliberation of the National Council for Social Action of 3 July 2015,
Stop it!

  • Title I : MISSIONS Article 1 Learn more about this article...


    The National Council for Social Action (CNAS), as set out in Article 5 of the Order of 9 July 2008, setting the organization in sub-directions and offices of the synthesis, strategy and performance department of the General Secretariat, participates in the definition and management of the policy of social, cultural, sport and leisure activities implemented by the General Secretariat of the Ministry of Justice in favour of all personnel in activity or
    In this capacity, he advises on:


    - the policy of social action;
    - the general conditions for the implementation of this policy;
    - measures relating to the organization and operation of the departments responsible for the implementation of this policy;
    - the nature of the specific actions to be undertaken;
    - where applicable, the costing and impact of the proposed new benefits;
    - the assessment of the management of social action of the previous year;
    - the next year's budget proposal.


    It ensures the animation of the social action and controls the execution based in particular on the evaluation of the actions undertaken.

    Article 2 Learn more about this article...


    CNAS prepares a yearly plan for the distribution of social action credits between the different sectors of intervention. This project is subject to the decision of the Minister of Justice.

    Article 3 Learn more about this article...


    Each year, the General Secretariat of the Ministry of Justice reports to CNAS on the execution of the employment of credits allocated to social action; it communicates the assessment of the actions carried out and their evaluation.

  • Part II: COMPOSITION Article 4 Learn more about this article...


    CNAS is composed as follows:


    - representatives of the administration: 11 incumbent members and 11 alternate members;
    - staff representatives: 17 incumbent members and 17 alternate members.

    Article 5 Learn more about this article...


    They shall serve as representatives of the administration:
    As incumbent members:


    - the Secretary General of the Ministry of Justice or his representative;
    - the Director of Judicial Services;
    - the director of the prison administration;
    - the Director of Judicial Protection of Youth;
    - Secretary General of the Grand Chancellery of the Legion of Honour;
    - Deputy Director of Human Resources Synthesizing of the General Secretariat;
    - the head of the office of social action and working conditions of the General Secretariat;
    - a representative of a Department of Human Resources and Social Action;
    - a representative of a regional administrative department;
    - a person responsible for the deconcentrated services of the prison administration;
    - a responsible for the deconcentrated youth judicial protection services.


    As alternate members:


    - the head of the Human Resources Department of the General Secretariat;
    - a Chief of Staff of a Directorate of Central Administration;
    - Deputy Director of Human Resources of the Office of the Judicial Services Branch;
    - the Deputy Director of Human Resources and Social Relations of the Prison Administration;
    - the Deputy Director of Human Resources and Social Relations of the Judicial Protection of Youth;
    - the head of the Department of Human Resources and Logistics of the Grand Chancellery of the Legion of Honour;
    - the head of the Office of Strategy and Budget Programming of the General Secretariat;
    - Assistant to the head of the Social Action Office and the working conditions of the General Secretariat;
    - a representative of a regional administrative department;
    - a person responsible for the deconcentrated services of the prison administration;
    - a responsible for the deconcentrated youth judicial protection services.

    Article 6 Learn more about this article...


    Deliberatively speaking as representatives of staff:


    - the union organizations of the staff who sit on the departmental technical committee (CTM) of the Ministry of Justice;
    - the two union organisations of the most representative magistrates following the results of the elections to the commission of advancement.


    The number of seats held by staff union organizations is the number of seats held in the TMC. Each union organisation of magistrates has a seat.
    Staff representatives must, at the time of their appointment, be members of the electoral body for the designation of staff representatives to the advisory bodies taken into account in the composition of the committee.

    Article 7 Learn more about this article...


    The duration of the terms of reference of staff representatives is related to that of representatives to the TMC.
    After each renewal of this committee, the staff union organizations that sit there and the two union organizations of the most representative magistrates on the progress committee shall address to the Minister, under the cover of the secretary general of the ministry, the names of the incumbent and alternate representatives they designate to serve on the CNAS.
    These representatives are appointed by order of the Minister of Justice.
    Trade union organizations may replace their representatives so designated under the conditions referred to in the last paragraph of Article 6. They apply to the Minister of Justice under cover of the Secretary General of the Department. The mandate is effective four weeks after receipt of this request.
    The CNAS membership is incompatible with that of a member of the office of an associative organization receiving a grant on which the CNAS must give notice

    Article 8 Learn more about this article...


    Participate in meetings as qualified persons:


    - the executive heads of the Social Action Office and the working conditions of the General Secretariat;
    - the National Councillor for Social Work.

    Article 9 Learn more about this article...


    The President of CNAS may convene experts at the request of the administration or trade union organizations to be heard on a agenda item.
    The experts have no deliberate voice. They can only attend part of the debates on the issues for which their presence was requested.

    Article 10 Learn more about this article...


    CNAS hears at least once a year representatives of national bodies working in the area of social action of the Ministry of Justice and receiving social action credits.

  • Part III: FUNCTIONING
    • Section 1: General Article 11 Learn more about this article...


      After each renewal of the CNAS, trade union organizations make known, before the first meeting, the person elected among them to serve as president.
      The Vice-Chair is provided by a member of the Administration
      An order of the Minister of Justice shall appoint the President and Vice-President for the term of office.

      Article 12 Learn more about this article...


      In the event of the President's one-time incapacity, the CNAS is chaired by the Vice-Chair. After six months of incapacity, trade union organizations can elect a new president for the remainder of the term.

      Article 13 Learn more about this article...


      CNAS meets at least three times a year.
      The Chairperson shall summon the incumbent and alternate members at least one month before the date of the meeting. It sets out the agenda that it addresses at least fifteen days before that date.

      Article 14 Learn more about this article...


      The secretariat of the Board is provided by the Office of Social Action and the working conditions of the General Secretariat.

      Article 15 Learn more about this article...


      CNAS only deliberates validly on the condition that half of the members with a deliberate vote are present at the opening of the meeting.
      When the quorum is not reached, a new summons is sent within eight days to the members of the CNAS who then sits validly on the same agenda regardless of the number of staff representatives present.

      Article 16 Learn more about this article...


      Only incumbent representatives participate in the vote. Alternate voices are deliberate only in the absence of the incumbents they replace.
      Experts do not participate in the vote.
      CNAS issues its views to the majority of the present. If a vote is taken, the vote shall be taken by hand. If necessary, a sitting suspension shall be carried out. Agreed. In the event of a vote sharing, the notice is deemed to have been given.

      Article 17 Learn more about this article...


      The Minister of Justice shall determine the CNAS rules of procedure after notice of its members.

    • Section 2: Commissions Article 18 Learn more about this article...


      It is a standing commission to prepare and ensure, between two plenary meetings, the follow-up to the work of the CNAS.
      It is composed:


      - two representatives appointed by each union organization serving at CNAS;
      - the Secretary General of the Ministry or his representative;
      - the head of the Social Action Office and the working conditions of the General Secretariat or its representative;
      - the deputy head of the social action and working conditions office;
      - a representative of the Social Action Office and the working conditions to ensure the secretariat.


      The Chair of the Standing Committee shall be chaired by the Chairperson or Vice-Chairperson.

      Article 19 Learn more about this article...


      It is a commission to review actions for social housing and to determine the conditions for housing allocation.
      It is composed:


      - two representatives appointed by each union organization serving at CNAS;
      - the head of the Social Action Office and the working conditions of the General Secretariat or its representative, who chairs it;
      - the deputy head of the social action and working conditions office;
      - a representative of the Social Action Office and the working conditions to ensure the secretariat.


      The chair of the housing commission is provided by the chair or vice-chair.

      Rule 20 Learn more about this article...


      It is a commission to examine actions in favour of restoration.
      The Commission determines the policy directions and general conditions for the implementation of the policy in this regard.
      It is composed:


      - two representatives appointed by each union organization serving at CNAS;
      - the head of the Social Action Office and the working conditions of the General Secretariat or its representative, who chairs it;
      - the deputy head of the social action and working conditions office;
      - a representative of the Social Action Office and the working conditions to ensure the secretariat.


      The Chair of the Restoration Committee shall be chaired by the Chair or Vice-Chair.

      Article 21 Learn more about this article...


      Among the missions to which he is responsible, the Department of Justice devotes part of his financial resources to the support of personnel who face serious financial difficulties.
      It constitutes, within the CNAS, a statutory commission entitled "remediation commission" to advise the administration on the definition of the criteria for the allocation of social aids and loans that the administration may allocate to the personnel who encounter difficulties, the financial envelope that will be devoted to this mission, and the monitoring of the compliance, by the organization referred to in the third paragraph of this section, of the above criteria.
      He entrusts the allocation of credits to the staff concerned to an associative agency of the Department of Justice.
      It defines after CNAS's advice the social criteria for granting aids and loans.
      He verifies that the attribution criteria he defined are met by the organization.
      It ensures that this organization has the necessary means to carry out its mission, whether at the level of aids and loans it will be allocated, both in terms of operation, and in particular in terms of the travel costs of the members of the relief commission that it will have to manage.

      Article 22 Learn more about this article...


      At the first meeting of the CNAS in its new composition, trade union organizations made their representatives known in the four committees referred to in articles 18 to 21.

      Article 23 Learn more about this article...


      CNAS may, in plenary meeting and within its competence, establish working groups. These groups, composed of representatives of the administration and trade union organizations, present the conclusions of their work to the council. The themes, such as the date of submission of conclusions, are defined in CNAS of the Whole.

      Article 24 Learn more about this article...


      Representatives of staff serving at CNAS, licensees or alternates, members of committees or working groups, as well as experts who are required to attend meetings of the Council, its committees or working groups, shall be granted leave of absence on a simple presentation of the summons to their supervisors.

  • Part IV: FINAL PROVISIONS Rule 25 Learn more about this article...


    The amended decision of 25 February 2010 on the status of CNAS is repealed effective 16 September 2015, when this order comes into force, with the exception of the provisions of Article 6, paragraph 3, which come into force when the proceeding is renewed following the next professional elections.

    Rule 26 Learn more about this article...


    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 September 16, 2015.


Christiane Taubira


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