Key Benefits:
Publics involved: astronomers and physicists and assistant astronomers and physicists.
Purpose: Amend the recruitment procedures in the bodies of astronomers and physicists and assistant astronomers and physicists.
Entry into force: the text comes into force on the day after publication.
Notice: This decree introduces a prior notice from the director of the National Institute of Universities Sciences of the National Centre for Scientific Research and the presidents of the sections of the National Council of Astronomers and Physicists on the number and nature of the jobs being contested. It provides that the hearing is reserved for some candidates and not for all. It creates the possibility of establishing a supplementary list.
This decree simplifies the definition of the specific tasks of the body of the astronomers and physicists and the body of the assistant astronomers and physicists and specifies the definition of national missions by introducing the concept of certified services at the national level.
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 National Education, Higher Education and Research,
See?Order No. 58-1136 of 28 November 1958 Amended Act on Appointments to Civil and Military Employment of the State;
Vu le education code ;
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. 84-431 of 6 June 1984 Amending the common statutory provisions applicable to teachers-researchers and bearing particular status of the body of university professors and the body of conference masters;
Vu le Decree No. 86-433 of 12 March 1986 amended on the National Council of Astronomers and Physicists;
Vu le Decree No. 86-434 of 12 March 1986 modified fixing the status of the body of the astronomers and physicists and the body of the assistant astronomers and physicists;
Considering the advice of the Ministerial Technical Committee on Higher Education and Research dated September 29, 2014;
The State Council (Section of Administration) heard,
Decrete:
The second paragraph of Article 1 of Decree No. 86-434 of 12 March 1986 referred to above is replaced by the following provisions:
"The institutions in which these staff perform their duties are either the universities that have an observatory of the sciences of the universe, or the Observatoire de Paris, or the Observatoire de la Côte d'Azur, or the Institut de physique du globe de Paris, or the establishments whose list is fixed by decree of the minister responsible for higher education, after the opinion of the director of the National Institute of Sciences of the Universe of the National Center for Scientific Research and »
Article 2 of the same decree is replaced by the following provisions:
"Art. 2.-Personals governed by this Decree shall be responsible for the following tasks:
« 1° Fundamental, applied or technological research, the valorization of its results, the diffusion of scientific culture and scientific and technical information in astronomy and the sciences of the planet;
"2° Organisation and realization of scientific tasks of general interest in the observation or accompaniment of the research in astronomy and the sciences of the planet having a national or international character and certified by the National Institute of Science of the Universe of the National Centre for Scientific Research;
"3° Training and teaching in and through research. As such, they participate in jury examinations and competitions."
Article 7 of the same decree is replaced by the following provisions:
"Art. 7.-The distribution of service obligations between the various missions shall be determined by the president or director of the establishment in the interest of the service. For universities that have an observatory of the sciences of the universe, the distribution of service obligations between the various missions is stopped by the president of the university in the interest of the service after the reasoned advice of the director of the observatory of the sciences of the universe, formulated after consultation with the council of the component, gathered in restricted training to teachers-researchers and similar staff.
"This distribution shall include all three missions defined in section 2. »
In article 9 of the same decree, the words "four years" are replaced by the words "five years".
The third paragraph of Article 12 of the Decree is replaced by the following two paragraphs:
"The individual decisions taken with respect to personnel governed by this Order in Council for Delegation, Provision, Detachment and Missions for a period of more than three months and less than one year shall be taken after the advice of the Office of the Competent Section of the National Council of Astronomers and Physicists.
"The individual decisions taken with respect to personnel governed by this Order in Council for the delegation, the provision, detachment and missions for a period of more than one year or for the renewal of delegation, provision, detachment and missions, where the cumulative duration of the corresponding situation is expected to exceed one year, shall intervene after notice of the competent section of the National Council of Astronomers and Physicians. »
At the b of the 2nd of Article 15 of the same decree, the words: "astronomical observatories or institutes of physics of the globe" are replaced by the words: "the observatories of the sciences of the universe, the Paris Observatory, the French Riviera Observatory or the Institute of Physics of the globe of Paris".
Article 17 of the same decree is replaced by the following provisions:
"Art. 17.-The contests mentioned in articles 14 and 15 are organized by branch according to the following terms.
"The Minister for Higher Education, for each competition, shall, after a reasoned opinion from the Director of the National Institute of Universities Sciences of the National Centre for Scientific Research and Section Chairs of the National Council of Astronomers and Physicists, determine the number of jobs offered and the conditions of admissibility at the competitions. The characteristics of the jobs to be filled, as well as the general terms and conditions of recruitment operations, are published electronically under conditions set by order.
"Applications must be addressed to the Minister for Higher Education. A jury, constituted by the competent section of the National Council of Astronomers and Physicists, proceeds to the examination of each candidate's file and then hears those candidates whose merits are deemed satisfactory at the conclusion of this examination. The jury lists the candidates selected and proposes their assignment to one of the institutions. The number of proposals cannot exceed the number of jobs to be filled. A supplementary list may be drawn up within the number of jobs offered.
"An order of the Minister for Higher Education sets out the procedures for the functioning of the jury.
"The Minister responsible for higher education forwards these proposals to the president or director of the institution. The president or director of the institution shall consult the board of directors of the institution. Unless the Board of Directors of the University or the Director of the Universities Science Observatory, made within one month of the date of transmission of the proposal by the Minister, the proposed candidate is appointed. »
Article 19 of the same decree is replaced by the following provisions:
"Art. 19.-The mutations of astronomers and physicists may only be pronounced upon their request by a decision of the president or director of the establishment, after notice of the competent section of the National Council of Astronomers and Physicists. The transfer may not be pronounced in the event of an unfavourable, reasoned opinion from the board of directors of the institution or the director of the observatory of universe science.
"If they do not justify three years of functions of astronomer or physicist in a position of activity in the institution where they are assigned, astronomers and physicists may file a request for transfer only with the agreement of their head of duty establishment, given after favourable advice from the academic council or the competent body to exercise the powers referred to in the IV of Article L-12. »
In the second paragraph of Article 24, in the fourth paragraph of Article 25 and in the third paragraph of Article 36-1 of the same Decree, the words: "scientific council of the institution or the organ taking place" are replaced by the words: "academic council or the competent body to exercise the powers referred to in the above-mentioned articles. IV of Article L. 712-6-1 of the Education Code, sitting in restricted training. »
In section 25-1, in the first paragraph of section 25-3, section 36-2 and section 36-4 of the same decree, the words: "Council of the institution - or, in the case of the major establishments referred to in section 24 of the law of 26 January 1984 referred to above, of the scientific council -" are replaced by the words: "academic council or competent body to exercise the powers referred to in the above-mentioned section. IV of Article L. 712-6-1 of the Education Code, sitting in restricted formation ,".
I. - The second paragraph of Article 25-3 is replaced by the following:
"The beneficiaries of this article are appointed either at the grade and at the level occupied by them in the detachment position, or, if this situation is more favourable to them, at the grade and level with an equal index or, if not, immediately higher than that which they had reached in their original body or employment framework at the time of their integration. They retain the seniority they have acquired and, where appropriate, the personal benefit of the previous index mentioned in section 25-2. The actual services performed in the original body are assimilated to services performed in the integration body. »
II. - The second paragraph of section 36-4 is replaced by the following provisions:
"The beneficiaries of this article are appointed either at the grade and at the level occupied by them in the detachment position, or, if this situation is more favourable to them, at the grade and level with an equal index or, if not, immediately higher than that which they had reached in their original body or employment framework at the time of their integration. They retain the seniority they have acquired and, where appropriate, the personal benefit of the previous index referred to in section 36-3. The actual services performed in the original body are equivalent to actual services performed in the integration body. It is not taken into account the bonus of seniority referred to in section 35. »
At the 1st of Article 27 of the same decree, after the words: "or the degree of engineer doctor", are inserted the words: ", or of the authorization to direct research".
Article 29 of the same decree is replaced by the following provisions:
"Art. 29.-Deputy astronomers and assistant physicists are recruited through national competitions organized by branch in the following manner.
"The Minister for Higher Education, for each competition, shall, after a reasoned opinion from the Director of the National Institute of Universities Sciences of the National Centre for Scientific Research and Section Chairs of the National Council of Astronomers and Physicists, determine the number of jobs offered and the conditions of admissibility at the competitions. The characteristics of the jobs to be filled, as well as the general terms and conditions of recruitment operations, are published electronically under conditions set by order.
"Applications must be addressed to the Minister for Higher Education. A jury, constituted by the competent section of the National Council of Astronomers and Physicists, proceeds to the examination of each candidate's file and then hears those candidates whose merits are deemed satisfactory at the conclusion of this examination. The jury lists the candidates selected and proposes their assignment to one of the institutions. The number of proposals cannot exceed the number of jobs to be filled. A supplementary list may be drawn up within the number of jobs offered.
"An order of the Minister for Higher Education sets out the procedures for the functioning of the jury.
"The Minister responsible for higher education forwards these proposals to the president or director of the institution. The president or director of the institution shall consult the board of directors of the institution. Unless the Board of Directors of the University or the Director of the Universities Science Observatory, made within one month of the date of transmission of the proposal by the Minister, the proposed candidate is appointed. »
Section 31 of the Order is replaced by the following provisions:
"Art. 31.-The mutations of the assistant astronomers and physicists may only be pronounced upon request by a decision of the president or director of the establishment, after the advice of the competent section of the National Council of Astronomers and Physicists. The transfer may not be pronounced in the event of an unfavourable, reasoned opinion from the board of directors of the institution or the director of the observatory of universe science.
"If they do not justify a three-year position of assistant astronomer or assistant physicist in the position of activity in the institution in which they are assigned, deputy astronomers and assistant physicists may file a request for transfer under the conditions specified in the preceding paragraphs only with the agreement of their chief of assignment establishment, given after favourable advice of the academic council or of the organ mentioned »
The provisions of this Decree do not apply to the recruitment procedures currently under way on the date of publication of this Order.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Decentralization and the Public Service, the Secretary of State for Higher Education and Research and the Secretary of State for Budget are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 6 November 2015.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Decentralization and Public Service,
Marylise Lebranchu
State Secretary for Higher Education and Research,
Thierry Mandon
The Secretary of State in charge of the budget,
Christian Eckert
