Key Benefits:
The Prime Minister,
On the report of the seal of the seals, Minister of Justice,
In the light of Order No. 58-1270 of 22 December 1958 concerning the status of The Judiciary, as last amended by Organic Law No. 2001-539 of 25 June 2001;
In view of the Code of Civil and Military Retirement Pensions, in particular Articles L. 15 and L. 16;
Given the Labour Code, in particular Article L. 931-1;
As amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Having regard to Decree No. 93-21 of 7 January 1993, as amended for the purposes of Order No. 58-1270 of 22 December 1958 Organic Law on the Status of the Judiciary;
The Conseil d' Etat (section of the interior) heard,
Clipping:
The aforementioned Decree of 7 January 1993 is amended in accordance with Articles 2 to 27 of this Decree.
Article 1 is replaced by the following:
" Art. 1. -Judges of the judiciary are called upon to take up the jobs or perform the functions defined hereafter in the courts of the metropolis and of the overseas departments, territories or communities. "
Section 2 is replaced by the following:
" Art. 2. - In addition to the posts listed in 1 °, 2 ° and 3 ° of Article 3 of the Order of 22 December 1958, the following posts shall be placed outside the hierarchy:
" 1 ° President and Prosecutor of the Republic of the High Court 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 ° Premier Vice President and Prosecutor of the Deputy Supreme Court of Bobigny, Bordeaux, Créteil, Evry, Lille, Lyon, Marseille, Nanterre, Paris, Pontoise, Toulouse and Versailles. "
Section 3 is replaced by the following:
" Art. 3. - Judges of the second rank of the judicial hierarchy are called upon to perform the following functions:
" 1 ° Judge, investigating judge, family affairs judge, judge of children, judge of the application of the sentences of a high court Judge of a court of large instance charged with the service of an instance court, substitute for the prosecutor of the Republic;
" 2 ° Judge placed with a first President of the Court of Appeal and substitute placed with A General Prosecutor of the Court of Appeal;
"3 ° Justice of the Land Book;
" 4 ° Judge of a superior court of appeal and substitute for the Prosecutor of the Republic near that jurisdiction;
"5 ° Auditor at the Court of Cassation;
" 6 ° Substitute At the central administration of the Ministry of Justice. "
Section 4 is replaced by the following:
" Art. 4. - Magistrates of the first rank are called to perform the following functions:
"1 ° President and Prosecutor of the Republic of a High Court, a Court of First Instance and a High Court of Appeal;
" 2 ° First Vice-President and Prosecutor of the Deputy Republic of a Tribunal of Large Instance or of a Court of First Instance;
" 3 ° Vice-Chairperson of a High Court of Appeal, of a Tribunal of High Instance or First Instance, Vice-President of a court of high instance or of first instance in charge of education, family affairs, the functions of children's courts, the application of sentences and the service of an instance court;
" 4 ° Vice-prosecutor The Republic of a High Court or First Instance Court;
"5 ° Vice-Chairperson placed with a first President of the Court of Appeal and Vice-Prosecutor of the Republic placed with a Prosecutor General of the Court of Appeal;
" 6 ° Adviser and general substitute for court of appeal;
"7 ° Referendum adviser at the Court of Cassation;
" 8 ° 1 substitute for the central administration of the Ministry of Justice;
" 9 ° Magistrat responsible for a general secretariat Court of Cassation, Adviser and General Substitute for a General Secretariat in a Court of Appeal, Vice-President and Deputy Prosecutor of the Republic in charge of a General Secretariat in a High Court and First Instance Court;
" 10 ° Auditor at the Court of Cassation.
" Magistrates of the first rank may be called upon to perform the duties of Director of the National School of Transplantation or Deputy Director, responsible for directing the studies of this school. "
Section 5 is amended as follows:
I.-In the second paragraph, the words: "A court of appeal or court of large instance classified outside the hierarchy may be assigned" are replaced by the following: Words: "Magistrates outside the hierarchy of a court of appeal or of a high court may be affected".
II. -In the third paragraph, after the words "in the first grade" are inserted the words: ", or belonging to the second grade and entered in the table of promotion,".
The b of Article 7 is replaced by the following:
" (b) Among other magistrates of the second grade. "
Article 8 is replaced by the following:
" Art. 8. - The first substitutes for the central administration of the Ministry of Justice are chosen:
"(a) Among the substitutes for the central administration of the second grade listed in the promotion board;
" (b) Among the magistrates of the first Rank and the other second-rank judges on the promotion board.
" During the calendar year, at least two out of three job vacancies are filled by the candidates named in a. However, posts which could not be filled, due to the lack of candidates, by the judges mentioned in the a can be attributed to the judges mentioned in the b. "
After item 8, an article 8-1 reads as follows:
" Art. 8-1. - Appointments of substitutes and first substitutes to the central administration for the purpose of making available to the persons concerned under the conditions laid down by Act No. 84-16 of 11 January 1984 laying down statutory provisions Concerning the public service of the State shall not be taken into account for the application of the provisions of the last paragraph of Articles 7 and 8. "
The last two paragraphs of Article 9 are deleted.
Section 15 is amended as follows:
I.-In the first paragraph, the words: "first group" are deleted and the words: "ten" and "seven" are replaced by the words "seven" and "seven" respectively. Five ".
II. -The second paragraph shall be deleted.
In the first paragraph of Article 17, the words: ", its group" are deleted.
After Article 17-1, Articles 17-2 to 17-4 read:
" Art. 17-2. - Judges recruited by way of the second and third competitions for access to the Ecole Nationale de la Magistrature and under Articles 18-1, 22 and 23 of the order of 22 December 1958 are classified, upon appointment, to A level determined by taking into account, on the basis of the durations fixed for each stage advancement under Article 12, a fraction of the years of prior professional activity under the following conditions.
" Business Years Professional completed as a Category A civil servant, a public official of a level equivalent to category A, a framework within the meaning of the collective agreement of which the person concerned, a lawyer, a lawyer at the Council of State and the Court of Cassation, confession, notary, bailiff or court clerk shall be held at the rate of half their duration for the fraction between five and twelve years and three-quarters beyond twelve years. Years of professional activity performed in any other quality shall be deemed to be four-tenths of their duration to Category A services.
" For judges recruited at the first rank of the judicial hierarchy under Article 23 of the abovementioned ordinance of 22 December 1958, the fraction of the previous professional activity thus determined shall be taken into account only if it exceeds seven years and for the fraction exceeding those seven years.
" Art. 17-3. - Public servants and public officials who have a higher index in their original body or employment than the level at which the application of Article 17-2 would classify them are classified at the level of their rank With equal treatment or, failing that, immediately higher than the treatment they had in their original body or employment.
Within the seniority limit required in section 12 for promotion to the next level, they retain Then the seniority of step acquired in their previous grade or class when the salary increase following their appointment is less than that which would result from a step-up in their former situation. Agents appointed when they reached the highest level of their previous rank or class retain their seniority in the same conditions and limits when the salary increase following their appointment is Lower than that which was the result of a promotion at the latter level.
" Art. 17-4. - For access to the first rank of judges recruited in the second grade of the judicial hierarchy by means of the second and third access competitions at the Ecole Nationale de la Magistrature and under Articles 18-1 and 22 of the Order On 22 December 1958, the fraction of previous professional activity, as determined under the conditions laid down in the second subparagraph of Article 17-2, shall be assimilated to the actual services required by Article 15, on account of half of its duration For the fraction between four and eight years. "
The 5 ° and 6 ° of Article 19 are replaced by the following provisions:
" 5 ° By the first President or the Attorney General for judges in charge of a general secretariat at the Court of Cassation or In a court of appeal;
"6 ° By the first President of the Court of Appeal or the Prosecutor General close to the Court of Appeal for the judges in charge of a general secretariat in a high court of the jurisdiction of the Court of Appeal;"
The last five paragraphs of section 22 are deleted.
After section 31, an article 31-1 reads as follows:
" Art. 31-1. - Where it acts pursuant to Articles 18-1, 25-2, 40, 41-2 and 41-12 of the Ordinance of 22 December 1958 referred to above, the Commission set out in Article 34 of that order may, if it considers it necessary in the light of the file of a candidate, Conduct a hearing of the latter or designate one or more of its members for that purpose. "
Section 32 is modified as follows:
I.-In the first paragraph, the words "or group" are deleted.
II. -In the second subparagraph the reference to Article 3 shall be deleted.
In item 33, the words "in the first group" are deleted.
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 Code.
In Article 40, the words "as well as the commission provided for in Article 30 of this Decree" shall be deleted.
Sections 46 to 52 are replaced by the following:
" Art. 46. - As from 1 January 2002, it is hereby established that a provisional degree of judge of the second grade shall be established.
" This temporary rank has ten rungs.
"Time spent in each step is set to:
" - one year for the first two rungs ;
"- two years for the 3rd, 4th, 5th, 6th and 7th rungs;
" - three years for the 8th and 9th echelons.
" Magistrates belonging to the second grade as of 31 December 2001 are classified in this provisional rank of echelon. They retain the seniority acquired in their previous echelon."
provisions for judges of the second grade, with the exception of the provisions of Article 12, are applicable to judges of the second provisional degree.
" Art. 47. - The condition of age provided for in Article 9 shall not apply, at the time of their appointment as a referendum adviser to the first grade, to the magistrates exercising, as of 31 December 2001, the functions of a referendum adviser to the second Rank.
" Art. 48. - Judges exercising, as of 31 December 2001, the functions of the President of the Chamber or the Advocate General of the second group of the first rank may not be appointed to a position outside the hierarchy of the Court of Cassation if they do not justify Two years of effective service in their duties.
" Art. 49. - Magistrates exercising, as of 31 December 2001:
"1 ° 2, the functions of:
" (a) Vice-chairperson of a high court, tribunal of first instance or superior court of appeal, and Vice-Chairperson of a Tribunal for the Service of an Instance Court;
"(b) President or Prosecutor of the Republic of a Trial or Trial Tribunal;
" (c) Court of Appeal Counsel;
" (d) Referendum adviser at the Court of Cassation;
" (e) Substitute for a general secretariat.
"2 ° In the first group of the first grade, the substitute functions of a general secretariat;
" 3 ° In the second group of the first grade, The functions of:
" (a) First judge, first examining magistrate, first judge of the children, first judge of the application of the sentences of the courts of the great instance of Paris, Nanterre, Bobigny and Créteil, and first substitute for the prosecutor of the Republic near these courts;
" (b) Presiding judge and general counsel of the court of appeal,
, as long as they have not been appointed to another function, retain their title and rank in the jurisdiction.
" Magistrates exercising On 31 December 2001, the functions of the first prosecutor of the second group of the second group of the first rank and of the Deputy Prosecutor of the first group of the first grade shall take effect from 1 January 2002 respectively Titles of the Deputy Prosecutor and Deputy Prosecutor of the Republic. These judges retain, as long as they have not been appointed to another function, their rank in the court.
" Art. 50. - Magistrates belonging to the first and second groups of the first grade shall be reclassified in accordance with the following table:
You can consult the table in OJ
No 1, 01/01/2002, page 48 to 52
However, the judges who have reached, on December 31, 2001, the 3rd chevron at the 6th echelon of the second group of the first rank and whose employment appears, pursuant to section 12, on the list of duties leading to the 8th grade Step of the new first grade is reclassified to the 2nd chevron of this step. They retain the seniority acquired in their previous echelon within the one-year limit.
" Art. 51. - For the application of the provisions of Article L. 16 of the Code of Civil and Military Retirement Pensions, the assimilations provided for in fixing the new processing indices referred to in Article L. 15 of that Code shall be made, in respect of the Concerns the magistrates of the first grade, in accordance with the following table:
You can consult the table in OJ
No 1 of 01/01/2002 page 48 to 52
However, the judges who have Attained on 31 December 2001 the 3rd chevron of the 6th echelon of the second group of the first rank and whose employment appears, pursuant to Article 12, on the list of duties leading to the 8th grade of the new first grade shall be assimilated to those classified At the 2nd chevron of this line.
The pensions of judges of the first grade who are entitled to claim their pension rights before 1 January 2002 and those of their successors in title shall be revised as of that date.
" Art. 52. - Judges recruited by means of the second and third competitions for access to the Ecole Nationale de la Magistrature and under Articles 18-1, 22 and 23 of the Ordinance of 22 December 1958 referred to above, appointed as Magistrates in the 10 years preceding the date of entry into force of Organic Law No. 2001-539 of 25 June 2001, may apply until 30 June 2002 to benefit from the provisions of Articles 17-2 to 17-4.
Indent reclassification performed in application Articles 17-2 and 17-3 shall take effect as from 1 January 2002.
Services retained for promotion under Article 17-4 shall be taken into account for the first time in the presentation to the table of progress made under The year 2003. "
Sections 10 and 16 and Chapter V are repealed.
The Minister of Economy, Finance and Industry and the Minister of Justice, Minister of Justice, shall each be responsible for the execution of this Decree, which shall be published in the Journal Official of the French Republic.
Done at Paris, 31 December 2001.
Lionel Jospin
By the Prime Minister:
Seals, Minister of the Justice,
Marylise Lebranchu
Finance and Industry Minister
Laurent Fabius
