Key Benefits:
Seal Guard, Minister of Justice and Minister of Decentralization and Public Service,
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;
Having regard to amended Decree No. 2004-1105 of 19 October 2004 on the opening of recruitment procedures in the public service of the State;
In view of Decree No. 2013-908 of 10 October 2013 on the modalities for the appointment of members of the jury and the selection committees for the recruitment and promotion of civil servants in the public service of the State, the territorial public service and the public hospital service;
In light of Decree No. 2015-1275 of 13 October 2015 on the special status of the Clerks of Judicial Services,
Stop:
The professional examination of recruitment in the body of the Clerks of Judicial Services provided for in Article 6 of the above-mentioned Decree of 13 October 2015 is organized in accordance with the provisions of this Order.
The professional examination of recruitment in the Clerks of Judicial Services includes a written examination of eligibility and an oral examination of admission.
The written test consists of one or more occupational situations relating to civil and legal proceedings or criminal proceedings, at the choice of candidate after communication of subjects.
The written test program is attached.
(Duration: three hours; coefficient 4).
The oral admission test consists of an interview with the jury to assess the candidate's professional experience, personal qualities, motivations and abilities to perform the functions of a clerk. In order to conduct this interview, which begins with a presentation by the candidate on his professional experience, the jury has the candidate's file for recognition of the achievements of the professional experience.
During this interview, the candidate may be questioned on issues related to general administrative knowledge, the professional environment, the functions performed and practical situations.
(Duration: 20 minutes maximum, including five minutes maximum of presentation; coefficient 3).
For the oral admission test, the candidate prepares a record of recognition of the achievements of his or her professional experience, of which he or she retains a copy, which he or she sends to the organizer service on a date fixed in the opening of the professional examination. This file describes the career path, professional and personal motivations for the performance of the functions of Registrar of Judicial Services.
The record of recognition of the achievements of the professional experience as well as the filling guide are available on the Ministry of Justice's web and intranet sites. The file is forwarded to the jury by the professional examination manager after the establishment of the eligibility list.
Pursuant to section 2 of the above-mentioned Order of 19 October 2004, a Seal Guard Order, Minister of Justice, sets out the number of positions open for professional examination, the date of opening and closing of registrations, the dates of the examinations and the terms of registration.
For the written test, candidates may use only the codes or collections of laws and decrees authorized by the regulation of the professional examination.
A rating of 0 to 20 is assigned to each test. Any rating below 5 is eliminated.
Each rating is multiplied by the coefficient applicable to the test.
Only candidates who have obtained at least 40 points in the written test may be admitted to oral examination.
The jury shall determine, in alphabetical order, the list of eligible candidates and, in order of merit, the list of eligible candidates.
If several candidates have obtained the same number of points, the priority is given, at the time of the admission list, to the one who obtained the highest grade at the oral admission test.
The jury of the Professional Examination of Recruitment in the Clerks of Judicial Services, designated by Seal Custody Order, Minister of Justice, includes at least three officials from a category A body.
Qualified examiners with advisory voice, appointed by Seal Guard Order, Minister of Justice, may be deputy to the jury.
Depending on the number, the jury may form groups of examiners.
In the event of the President's incapacity, the Director of Judicial Registry Services, who justifies the highest seniority in the highest grade, is the Chair.
The order of February 12, 2010 establishing the general organization, nature and program of the trials and the composition of the jury of the professional recruitment examination in the body of the clerks of the judicial services is repealed.
The Director of Judicial Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
REVIEW PROGRAMME
The written test program is as follows:
1. Civil procedure and homology:
A. Civil procedure:
The guiding principles of the trial:
- action;
- competence;
- demand for justice;
- defences;
- conciliation;
- the judicial administration of evidence;
- intervention;
- the hearing of the child in court;
- forbearance, recusal and dismissal;
- the incidents of proceeding;
- representation and assistance in justice;
- Public ministry;
- judgment: generalities, different forms of judgments and orders;
- the execution of judgments;
- remedies;
- deadlines, judicial officer's actions and notifications.
B. The prud'homal procedure:
- the attribution competence;
- territorial jurisdiction;
- the referral of the council of prud'hommes;
- the assistance and representation of the parties;
- the admissibility of applications;
- the conciliation procedure;
- the rapporteur;
- the trial procedure;
- the departing judge;
- the referee prud'homal;
- the execution of judgments;
- remedies.
2. Criminal procedure:
- public action and civil action;
- Public ministry;
- police investigations: preliminary investigation and flogging investigation;
- alternatives to prosecution;
- the phases of instruction;
- the appearance on prior recognition of guilt;
- the judge of freedom and detention;
- judicial review;
- pretrial detention;
- the mandates of justice;
- Judgment courts;
- Juvenile courts in criminal matters;
- remedies;
- enforcement of sentences;
- the application of penalties;
- the victim and the criminal trial.
Done on December 29, 2015.
The Seal Guard, Minister of Justice,
For the Minister and by delegation:
The Director of Judicial Services,
Mr. Thuau
Minister of Decentralization and Public Service,
For the Minister and by delegation:
The Director, Assistant to the Director General of Administration and Public Service,
C. Soulay