Decree No. 2001 - 1380 Of December 31, 2001, Amending Decree No. 93-21 January 7, 1993 Taken For The Application Of Order No. 58-1270 Of 22 December 1958 With Organic Law Relating To The Status Of The Judiciary

Original Language Title: Décret n° 2001-1380 du 31 décembre 2001 modifiant le décret n° 93-21 du 7 janvier 1993 pris pour l'application de l'ordonnance n° 58-1270 du 22 décembre 1958 portant loi organique relative au statut de la magistrature

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
An implementing Decree No. 2001-1369 of December 31, 2001, relative to the entry into force of decrees and orders abstract the present Decree amends and supplements the Decree 93-21 January 7, 1993, taken for the purposes of order 58-1270 of 22 December 1958 with organic law relating to the status of the judiciary. Indeed, the organic law of June 25, 2001 2001-539 to the status of judges and the Supreme Council of the judiciary brought to the order on the status of judges of very substantial changes that need to be translated at the regulatory level. This organic law profoundly changes the structure of the judiciary and their career development, accompanying a deep overhaul of the budget structure of jobs: transformations of jobs obtained in finance law permit as early as 2002 the proportion of jobs off hierarchy to nearly 10% of the staff of the judiciary against 5% previously, more than 60% the proportion of jobs in the 1st grade against 36.9% previously , and bring back the volume of jobs in the second rank by up to 60% less than 30%. Deleting the groups within the first degree in particular requires a profound change in the rules for access to the rank advancement and career development within itself, as well as a simplification of the nomenclature of the jobs of this level. Moreover, the organic law now gives jurisdiction to the regulatory power to determine, according to the criteria specified, the list of some jobs sorted out hierarchy. Finally, the organic law asks, for the benefit of some judges, the principle of taking into account of their years of previous professional activity for their index ranking and advancement, and refers to the regulation the care to determine the conditions of application. Article 3 of this Decree fixed the list of jobs of president and Prosecutor of the Republic, Senior Vice President and Deputy of a court, Prosecutor of the Republic classified out hierarchy. In accordance with the organic law, this ranking is based on the importance of judicial activity, the number of magistrates and officials of judicial services and the population of the spring. Articles 4 and 5 list the functions that can exercise, in courts of Metropolis and overseas judges from each of the two ranks of the judiciary. These provisions take account of the merger of two groups in the first rank operated from January 1, 2002, by the above-mentioned organic law of June 25, 2001. Article 6, relative to the General Inspectorate of judicial services, including expanding access to inspectors to the magistrates of second grade entered on the roll of advancement. Articles 7 and 8 simplify access to judges at the headquarters of the second or the first grade to the exterior round, by removing the requirement of prior registration on a selection list, and by reducing the proportion of appointments to the first rank reserved for the inside turn. In addition, article 9 opens the possibility of appointments out of quotas with a view to immediate disposal. Article 10, relating to the conditions of access to Advisor legal Secretary at the Court of cassation, repeals provisions not applicable given rise to the first rank of all of these jobs and the abolition of the special topics in the table of progress. These features will be so now available to the magistrates of the second rank in realization of their progress as to the magistrates of the first rank in equivalence. Article 11 sets the number of levels and the duration of stay in each level for the new first and second grades of the judicial hierarchy. Article 12 deletes the provisions relating to the reclassification of judges promoted to the first to the second group of the first rank, now moot due to the Elimination of these two groups of functions. Article 13 stipulates seven years - instead of 10 or 12 up so according to groups of first degree - required seniority for promotion to the new 1st grade. Article 14 removes a reference by coordination groups of functions of the first rank. Article 15 complete the Decree of 7 January 1993 referred to above by three articles that:-determine the terms of index reclassification of the judges from the internal competition, the 3rd competition for access to the NHS, the recruitment of listeners of justice, and direct integration as a magistrate (art. 17-2) securities - introduce special provisions for the reclassification of officials (arts. 17-3) - implement the recovery provisions of the above-mentioned organic law of June 25, 2001 prior to advance to the first rank of magistrates recruited by one of these ways (art. 17-4). Article 16 determines the authority of evaluation of judges responsible for a secretariat-general at the Court of cassation, in a Court of appeal or a court. Article 17 deletes the enumeration of the four topics in the table of progress that currently allows direct access to the functions of the second group of the first rank, as a result of the removal of the groups. Article 18 removes the requirement that prosecutors presented in the table for advancement or directly soliciting this registration with the commission for advancement, send a list of the positions of the first rank at which they would agree to be named. Article 19 adds new enforcement of temporary exclusion from functions, created by the organic law of June 25, 2001 referred to above, to the list of sanctions causing a write-off of the progress Board office. Article 20 tends to improve the investigation of claims of recruitment on titles in the judiciary, allowing the Commission to progress to hear candidates to direct integration or a recruitment securities as a listener of justice, judicial detachment or an appointment as a magistrate exercising on a temporary basis. Articles 21 and 22 draw consequences, on judicial detachment and recruitment on titles of chief clerks, deleting the groups in the first grade and the modification of the nomenclature of the second grade jobs. Clause 23 amends a reference to an article of the labour code. Article 24 allows the Director of judicial services is assisted by several magistrates of his leadership, and either one of them, the disciplinary hearings of the Supreme Council of the judiciary. Article 25 is a coordination necessitated by the deletion of lists of aptitude and selection for access to certain functions. Article 26 replaces the transitional provisions provided for in articles 46 to 52 of the Decree of 7 January 1993 referred to above by the following transitional provisions: - article 46 maintains for the magistrates of the second rank in office before January 1, 2002 the benefit of the current of the second rank index career, by providing for their reclassification to that date in an interim judge of the second rank rank - articles 47 and 48 maintain into force provisionally certain provisions functions removed as part of constitutional reform (Advisor legal Secretary at the Court of cassation of the second rank, Chamber president and general counsel of Court of appeal of the second group of the first rank). - article 49 provides the rules of conservation of their title and their rank in the Court for judges whose function is removed at the level where they wield. - sections 50 and 51 lay down details of reclassification of the judges of the first and the second group of the first grade in the new first grade, and assimilation of retirement pension - article 52 shall determine the manner of application to judges appointed for less than ten years of the provisions relating to the taking into account of their professional activity prior to their index rankings and their progress. Article 27 deletes certain provisions become moot as a result of the new distribution of functions within each hierarchical level. It also removes the existing set of provisions on the aptitude and selection lists until then for access to specific functions of the second or first grade. Amendment of articles 1 to 5, 7 to 9, 12, 13, 15, 17, 19, 22, 24, 28, 32, 33, 38, 40, 46 to 52 of the above-mentioned Decree. addition of articles 8-1, 17-2-17-4 and 31-1; repeal of articles 10 and 16 and chapter V of that Decree.
Keywords JUSTICE, JUDICIARY, STATUS OF THE JUDICIARY, JUDICIARY, MAGISTRATE, FIRST GRADE, SECOND GRADE, PRESIDENT, PROSECUTOR OF THE REPUBLIC, FIRST VICE-PRESIDENT, PROSECUTOR OF THE REPUBLIC DEPUTY, JURISDICTION, METROPOLIS, overseas SERVICE JUDICIARY, SENIORITY, PROMOTION, TABLE of PROGRESS, RANKING HIERARCHICAL INDEX, LEVEL, TIMING INDICIAIRE, RECLASSIFICATION INDICIAIRE, ADVANCEMENT, IMPROVEMENT OF CAREER JORF n ° 1, January 1, 2002 page 48 text no. 37 DECREE Decree No. 2001-1380 of December 31, 2001, amending Decree No. 93-21 January 7, 1993 taken for the application of order No. 58 - 1270 of 22 December 1958 with organic law relating to the status of the judiciary NOR: JUSB0110585D

ELI: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/JUSB0110585D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/2001-1380/jo/texte Prime Minister, on the report of the keeper of the seals, Minister of justice, having regard to the order No. 58-1270 of 22 December 1958 with organic law relating to the status of the judiciary, amended lastly by law organic No. 2001-539 of June 25, 2001;
Given the code of civil and military retirement pensions including articles L. 15 and L. 16;
Given the code of the work, including its article L. 931 - 1;
See Act No. 84-16 of 11 January 1984 amended statutory provisions on the public service of the State;
Considering Decree No. 93 - 21 January 7, 1993 amended taken for the application of order No. 58-1270 of 22 December 1958 with organic law relating to the status of the judiciary;
The Council of State (Interior Division) heard, decrees: Article 1 more on this article...

The Decree of 7 January 1993 referred to above is amended in accordance with articles 2 to 27 of this Decree.


Article 2 more on this article...

Article 1 is replaced by the following: 'art. 1.-the magistrates of the judiciary are called for the jobs or to perform the functions defined below in the jurisdictions of the metropolis and the departments, territories or communities overseas. ' Article 3 learn more on this article...

Article 2 is replaced by the following: 'art. 2 - addition jobs listed in 1 °, 2 ° and 3 ° of article 3 of the above-mentioned order of 22 December 1958, are placed outside the hierarchy following jobs: "1 ° President and public prosecutor of the high courts of Aix-en-Provence, Amiens, Angers, Avignon, Béthune, Bobigny, Bordeaux, Boulogne-sur-Mer, Caen, Clermont-Ferrand, Créteil, Dijon, Draguignan, Evreux, Evry, Fort-de-France, Grasse, Grenoble, Le Havre, Le Mans. Lille, Lyon, Marseille, Meaux, Melun, Metz, Montpellier, Mulhouse, Nancy, Nanterre, Nantes, Nice, Nîmes, Orléans, Paris, Perpignan, Pontoise, Rennes, Rouen, Saint-Denis-de-la-Réunion, Saint-Etienne, Strasbourg, Toulon, Toulouse, Tours, Valencia, Valenciennes and Versailles;
"(2) Senior Vice President and Attorney of the Republic Deputy courts of major jurisdiction of Bobigny, Bordeaux, Créteil, Evry, Lille, Lyon, Marseille, Nanterre, Paris, Pontoise, Toulouse and Versailles."


Article 4 more on this article...

Article 3 is replaced by the following: 'art. 3 - the judges of the second rank of the judicial hierarchy are called to exercise the following functions: "(1) judge, investigating judge, judge of the family court, judge children, Justice of the sentence of a Court of first instance or trial, a judge of a Court of major jurisdiction responsible for the service of a District Court, Deputy Prosecutor of the Republic;
"(2) judge from a first president of Court of appeal and substitute placed with an attorney general of the Court of appeal;
"(3) judge of the land register;
"(4) a judge of a court superior to appeal and Deputy Prosecutor of the Republic near this jurisdiction;
"(5) auditor at the Court of cassation;
"(6) substitute for the central administration of the Ministry of justice."


Article 5 more on this article...

Article 4 is replaced by the following: 'art. 4 - the magistrates of the first rank are called to exercise the following functions: "(1) President and public prosecutor of a Court of first instance, a Court of first instance and a higher court of appeal;
"(2) Senior Vice President and Attorney of the Republic Deputy of a Court of first instance or a Court of first instance;
"(3) a higher appeal court vice-president, of a high court or Court of first instance, Vice President of a Court of first instance or first instance responsible for instruction, Family Affairs, the functions of the juvenile judge, of enforcement of sentences and the service of a District Court;
"(4) Deputy Prosecutor of the Republic of a Court of first instance or trial;
"(5) Vice President placed with a first court of appeal president and Deputy Prosecutor of the Republic placed with an attorney general of the Court of appeal;
"(6) advise and general Deputy of Court of appeal;
"(7) advising referendum at the Court of cassation;
"(8) first substitute for the central administration of the Ministry of justice;
"(9) magistrate charged by a secretariat-general at the Court of cassation, Advisor and responsible general Deputy of a general secretariat in an appellate court, Vice President and Deputy Prosecutor of the Republic charge by a secretariat-general in a Court of first instance and trial;
"10 ° auditor at the Court of cassation.
"Judges of first degree may be required to perform the duties of Director of the National School of transplants or Deputy Director, responsible for the direction of studies at this school."


Article 6 more on this article...

Article 5 is amended as follows: i. - in the second paragraph, the words: "a Court of appeal or high court magistrate filed out hierarchy may be affected" are replaced by the words: "magistrates out of a Court of appeal or a court hierarchy can be affected.
II. - in the third paragraph, after the words: "in the first rank", are inserted the words: ", or belonging to the second grade and enrolled in the table of progress," he said.


Article 7 more on this article...

B of article 7 is replaced by the following: ' (b) among other judges of the second rank. "


Article 8 more on this article...

Article 8 is replaced by the following: 'art. 8 - first substitute for the central administration of the Ministry of justice are chosen: "(a) among the substitutes for the central administration of the second grade entered on the roll of advancement;
'(b) among the magistrates of the first rank and other magistrates of second grade entered on the roll of advancement.
"During the calendar year, at least two first substitute on three vacancies are filled by candidates mentioned in the a. However, positions that could be filled, for the lack of candidates, by the magistrates referred to in a can be attributed to the magistrates referred to in (b)' Article 9 more on this article...

After article 8, it is inserted an article 8-1 thus written: 'art. 8-1.-the appointments of substitutes and attorneys at Headquarters imposed for provision of interested parties under the conditions laid down by the Act No. 84-16 of 11 January 1984 bringing statutory provisions on the public service of the State are not taken into account for the application of the provisions of the last paragraph of the articles 7 and 8. ' Article 10 more on this article...

The last two paragraphs of article 9 are deleted.


Article 11 more on this article...

Article 12 is replaced by the following: 'art. 12 - the first rank of the judicial hierarchy includes eight levels, the 8th level being accessible only to judges exercising functions which the list is fixed by order joint of the keeper of the seals, Minister of justice, and the Minister in charge of the budget.
"The second grade has five levels.
"The time spent in each level to access the upper echelon is set to:" (1) a year for the first two levels of the second grade;
"(2) eighteen months for the 1st, 2nd, 3rd and 4th levels of the first rank;
"(3) two years for levels 3 and 4 of the second rank, and the 5th level of the first rank;
"(4) three years for the 6th step of the first grade. For judges of first degree with access to the 8th level, in accordance with the first paragraph of this article, the time spent at the 7th level is three years. ' Article 12 more on this article...

The second paragraph of article 13 and the table following are deleted.


Article 13 more on this article...

Article 15 is amended as follows: i. - in the first paragraph, the words: 'first group' are deleted and the words: "ten" and "seven" are replaced respectively by the words: "seven" and "five".
II. - The second paragraph is deleted.


Article 14 more on this article...

In the first paragraph of article 17, the words: ", his group ' are deleted.


Article 15 more on this article...

After article 17-1 17-2-17-4 well written articles are inserted: 'art. 17-2.-judges recruited by the tracks of the second and the third competition for access to the National School of the judiciary and to the title of articles 18-1, 22 and 23 of the Ordinance of December 22, 1958 above are classified, upon appointment to a level determined taking into account, on the basis of the durations set for each advancement in step by article 12 a fraction of the years of previous professional activity under the following conditions.

"The years of professional activity performed as an employee of category A, a level equivalent to category A public officer, framework within the meaning of the collective agreement which was interested, lawyer, lawyer to the Council of State and the Court of cassation, solicitor, notary, bailiff of justice or clerk of commercial court are held at one-half their length for the fraction of between five and twelve years and three quarters beyond." twelve-year-old. The years of work done in any other capacity are assimilated at the rate of four tenths of their term to category services A.
"Prosecutors recruited to the first rank of the judicial hierarchy in the title of article 23 of the order of 22 December 1958 referred to above, the fraction of previous professional activity determined in this way is taken into account if it exceeds seven years and for the fraction exceeding seven years.
'Art. 17-3.-officials and public servants who hold an index greater than that corresponding to the level at which the application of article 17-2 would lead to classify them in their body or origin employment are classified at the level of their grade with equal treatment or, if, immediately above that which they enjoyed in their body or origin employment.
Within the limits of seniority required in article 12 for a promotion to a higher level, they then retain seniority level gained in their previous grade or class when the increase in treatment following their appointment is less than that which would result from an advancement in step in their former situation. The named officers while they had reached the high of their previous grade or class level retain their seniority level under the same conditions and limits when the increase in treatment following their appointment is less than that which was resulted in a promotion to this last level.
'Art. 17-4.-for access to the first grade of magistrates recruited to the second rank of the judicial hierarchy through the second and the third competition for access to the National School of the judiciary and to the title of articles 18-1 and 22 of the order of 22 December 1958 supra, the fraction of previous professional activity, determined in accordance with the second paragraph of article 17-2 is considered to be the actual services required by section 15, at the rate of half of its duration for the fraction of between four and eight years. ' Article 16 more on this article...

The 5 ° and 6 ° of article 19 shall be replaced by the following: "(5) by the first president or the Attorney general for the responsible judges by a secretariat-general at the Court of cassation or an appeal court;
"(6) by the first president of the Court of appeal or the Attorney general about that Court for judges charges by a secretariat-general in a Court of first instance within the purview of the Court of appeal;


Article 17 more on this article...

The last five paragraphs of article 22 shall be deleted.


Article 18 more on this article...

Article 24 is amended as follows: i. - in the second paragraph, the words: 'and the list, established by the magistrate, positions to which he would agree to be named in an entry in the table of progress' are deleted.
II. - in the last paragraph, the words: ', accompanied by the list referred to in the second subparagraph' shall be deleted.


Article 19 more on this article...

Article 28, the reference to the 2 °, 3 ° and 4 ° of article 45 of the above-mentioned Ordinance of December 22, 1958 is replaced by the reference to the 2 °, 3 °, 4 ° and bis (4) of the same article.


Article 20 more on this article...

After article 31, it is inserted an article 31-1 thus written: 'art. 31-1.-when it rules in application of articles 18-1, 25-2, 40, 41-2 and 41-12 of the Ordinance of December 22, 1958, referred to above, the commission provided for in article 34 of this Ordinance may, if it considers it necessary in the light of the record of a candidate, conduct a hearing of the latter or designate for this purpose one or more of its members. ' Article 21 learn more on this article...

Section 32 is amended as follows: i. - in the first paragraph, the words: 'or group' are deleted.
II. - in the second paragraph, the reference to article 3 is deleted.


Article 22 more on this article...

Article 33, the words: 'first group' are deleted.


Article 23 more on this article...

In the eighth paragraph of article 34, the reference to article L. 950 - 2 of the labour code is replaced by the reference to article L. 931 - 1 of the same code.


Article 24 more on this article...

Article 38, the words: "to a magistrate" shall be replaced by the words: "of one or more judges.


Article 25 more on this article...

Article 40, the words: "as well as of the commission provided for in article 30 of this Decree" are deleted.


Article 26 more on this article...

Sections 46 to 52 are replaced by the following: 'art. 46 - it is created, as of January 1, 2002, a provisional rank of magistrate of the second rank.
"This provisional grade has ten levels.
"The time spent in each level is set at:"-a year for the first two levels;
"- two years for 3rd, 4th, 5th, 6th and 7th levels;
"- three years for the 8th and 9th levels.
"The magistrates belonging to the second grade at the date of 31 December 2001 are classified in this provisional grade level identity. They retain the seniority acquired in their previous level.
"The responsible magistrates of second grade, with the exception of the provisions of article 12, apply to the magistrates of the second provisional rank.
'Art. 47 - the age condition laid down in article 9 does not, upon their appointment as Adviser referendum of the first rank, to the magistrates who, on the date of December 31, 2001, Advisor referendum in the second grade.
'Art. 48 - exercising judges, the date of 31 December 2001, Chairman room or general counsel in the second group of the first rank may be appointed to a job outside the Court of cassation hierarchy if they justify two years of actual service in their functions.
'Art. 49 - judges exercising, the date of 31 December 2001: ' (1) at the second rank, the functions of: "(a) Vice President of a Court of first instance, a Court of first instance or a higher court of appeal, and Vice President of a large court responsible for the service of a District Court;
"(b) President or Attorney of the Republic of a Court of first instance or trial;"
'(c) Adviser to the Court of appeal;
"(d) advise referendum at the Court of cassation;
'(e) charge substitute for a general secretariat.
'(2) in the first group of the first rank, responsible substitute for a general secretariat functions;
"(3) to the second group of the first rank, the functions of:" (a) the trial judge, first investigating judge, first judge of children, first judge of enforcement of sentences of the courts of major jurisdiction of Paris, Nanterre, Bobigny and Créteil, and first Deputy Prosecutor of the Republic near these courts;
"(b) President of Chamber and advocate general of the Court of appeal, to maintain, as long as they have not been appointed to another function, title and rank in the jurisdiction.
"Exercising judges, the date of 31 December 2001, first Prosecutor of the Republic Deputy of the second group of the first rank and Prosecutor Deputy of the first group of the first rank are starting 1 January 2002 respectively the titles of Attorney of the Republic Deputy and Deputy Prosecutor of the Republic." These judges retain, as long as they have not been appointed to another function, their rank in the jurisdiction.
'Art. 50 - magistrates belonging to the first and second groups of the first rank are reclassified according to the following table: you can consult the table in the OJ n ° o 1 from 01/01/2002 page 48 to 52 However, judges who have reached, at December 31, 2001, 3rd the 6th step of the second group of the first rank chevron and whose employment is pursuant to article 12, on the list of functions leading to the 8th step of the new first grade are reclassified to the 2nd chevron of this level. They retain the seniority acquired in their previous level within the limit of one year.
'Art. 51 - for the application of the provisions of article L. 16 of the code of civil and military retirement pensions assimilations planned to fix the new indices of treatment referred to in article L. 15 of the code are made, with regard to the magistrates of the first rank, in accordance with the following table: you can consult the table in the OJ n ° o 1 from 01/01/2002 page 48 to 52

However, judges who have reached to December 31, 2001 3rd chevron of the 6th step of the second group of the first rank and whose employment figure, in application of article 12, on the list of functions leading to the 8th step of the new first grade includes those classified at 2nd chevron of this level.
Pensions of judges of first degree admitted to assert their rights to retirement before January 1, 2002, and those of their successors are revised as of this date.
'Art. 52 - judges recruited by the tracks of the second and the third competition for access to the National School of the judiciary and to the title of articles 18-1, 22 and 23 of the Ordinance of December 22, 1958, above, appointed Magistrate in the ten years preceding the date of entry into force of the act as organic No. 2001-539 of June 25, 2001 may apply until 30 June 2002 to benefit from the provisions of articles 17-2-17-4.
The index reclassification carried out pursuant to articles 17-2 and 17-3 takes effect as of January 1, 2002.
Services selected for advancement in application of article 17-4 are taken into account for the first time for submission to the table of progress established under of 2003. "Article 27 learn more on this article...

Articles 10 and 16 so that chapter V are repealed.


Article 28 more on this article...

The Minister of economy, finance and industry and the keeper of the seals, Minister of justice, shall be responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.


Done at Paris, on 31 December 2001.
Lionel Jospin Prime Minister: custody of the seals, Minister of justice, Marylise Lebranchu, the Minister of economy, finance and industry, Laurent Fabius

Related Laws