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Decree No. 2004 - 1547 Of 30 December 2004 Amending Decree No. 95-25 January 10, 1995, On The Special Status Of The Framework Of Territorial Editors Jobs

Original Language Title: Décret n° 2004-1547 du 30 décembre 2004 modifiant le décret n° 95-25 du 10 janvier 1995 portant statut particulier du cadre d'emplois des rédacteurs territoriaux

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Keywords

PUBLIC SERVICE , REPACKAGING THE ETAT , TERRITORIAL PUBLIC SERVICE , CENTRAL ADMINISTRATION , EMPLOYEE , TERRITORIAL REDACTOR , EMPLOYMENT FRAMEWORK , CATEGORY B , SPECIAL STATUS , RECRUITING , COMPETITION , CLOSED COMPETITION , EXTERNAL COMPETITION , INITIAL TRAINING , TRAINEE , TENURE , PROGRESS , CAREER IMPROVEMENTS , INDEX , INDEX-BASED ECHELLE , INDICIAL ECHELING , INDEX RANKING , CHIEF REDACTOR , PRIMARY REDACTOR , MODE OF APPOINTMENT , POSITION , DETACHING , INTEGRATION , TRANSITIONAL MEASURE


JORF No. 1 of January 1, 2005 Page 138
Text No. 73


DECRET
Decree n ° 2004-1547 of 30 December 2004 amending Decree No. 95-25 of 10 January 1995 on the special status of the employment framework of the territorial drafters

NOR: FPPA0410021D ELI: http://www.legifrance.gouv.fr/eli/decret/2004/12/30/FPPA0410021D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2004/12/30/2004-1547/jo/texte


The Prime Minister,
On the Report of the Minister of the Interior, Internal Security and Local Freedoms and the Minister of the Public Service and the Reform of The State,
Given the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
As amended by Act No. 84-53 of 26 January 1984, amending the statutory provisions relating to the territorial civil service, in particular Articles 6 and 39;
Having regard to Decree No 85-1229 of 20 November 1985 on general conditions for the recruitment of officials of the territorial civil service, in particular Article 17 thereof;
Having regard to Decree No. 87-1109 of 30 December 1987 Amended to specific the employment framework of the territorial administrative assistants;
Given the amended Decree No. 95-25 of 10 January 1995 on the special status of the employment framework of the territorial drafters;
Given the Decree No. 2000-954 of 22 September 2000 on the rules for the assimilation of local public institutions to local authorities for the creation of certain grades of territorial officials;
In view of Decree No. 2002-870 of 3 May 2002 fixing the Common statutory provisions applicable to the employment managers of employees in category B of the territorial civil service;
In view of the opinions of the Higher Council of the Territorial Civil Service of 14 April 2004;
Le Conseil d' Etat (section of the interior) heard,
Clipping:

Item 1 More about this Item ...


The aforementioned Order-in-Council dated January 10, 1995, is amended as described in sections 2 to 6 of this Order.

  • TITLE I: INTERNAL PROMOTION PROVISIONS Article 2


    In Article 3, it is added a 3 ° so written:
    " 3 ° For a period of five years from 1 January 2005, in application of the provisions of 1 ° Of Article 39 of the said Act. "

    Article 3


    In Article 5, the words:" Territorial officials "are replaced by the words:" Assistants Administrative and administrative senior administrative assistants ".

    Item 4


    An item 6-1 has been added as follows:
    " Art. 6-1. - Pursuant to Article 3 (3), may be entered:
    " (a) On an aptitude list established after professional examination, staff members of the administrative assistants who are responsible for the secretariat of Town hall in a municipality of less than 2 000 inhabitants or a local public establishment assimilated to a municipality of less than 2 000 inhabitants and which justify at least eight years of effective services, including the normal probationary period, in a framework Category C jobs, four years of which are carried out in respect of the aforementioned missions.
    " This professional review, organized by the management centres, includes one or more tests, the terms and conditions of which are set by Order in Council and Is organized at least once a year.
    " These territorial officials may be recruited as an intern on the basis of internal promotion recruitment for three recruitments in the community or The establishment or all of the communities and establishments affiliated with a management centre, of candidates admitted to one of the competitions referred to in Article 4, of employees in the framework of employment, excluding the appointments made to the As a result of a transfer within the community and the institutions by reporting it;
    " (b) On a list of qualifications established after professional examination, Category C employees who have at least ten years of effective service, including Including the normal probationary period.
    " This professional review, organized by the management centres, involves one or more tests, the terms and conditions of which are set by Order in Council and is organized at least once a year.
    " These Territorial officials may be recruited as an intern on the basis of internal promotion recruitment for three recruitments in the community or institution or community as a whole; and Institutions affiliated with a management centre, candidates admitted to one of the competitions referred to in section 4, employees in the framework of employment, excluding appointments made as a result of deployment within the community And establishments by reporting.

  • TITLE II: PROVISIONS ON THE RANK OF RANK Article 5


    An article 18-1 is added Written:
    " Art. 18-1. - I.-For a period of five years from the publication of Decree No. 2004-1547 of 30 December 2004 amending this Decree, by way of derogation from the provisions of the second subparagraph of Article 17 and the last paragraph of the Article 18, the maximum number of editors or principal editors eligible for promotion is determined annually by a promotion ratio fixed by an order of the Minister of the Interior, Internal Security and Freedoms Minister of Economy, Finance and Industry and the Minister for Public Service and State Reform.
    " II. -This ratio applies to the number of employees in the community or establishment fulfilling the conditions for advancement of rank as of December 31 of the year preceding the year in which the appointments are made. It is determined by retaining the opposite of the difference between, on the one hand, the average total career time of the grade of employees promoted to reach the last step (D), plus 50 % of the penultimate step (d), and, On the other hand, the average duration provided for by each special status to be promoted to the higher grade (A), or 1/([D + d] -A).
    " III. -Where the number thus calculated is not an integer, by way of derogation from the provisions of Article 12 of Decree No. 2002-870 of 3 May 2002 laying down the common statutory provisions applicable to the employment frameworks of employees in category B Of the territorial public service, the decimal place is added to the number calculated for the following year. Nevertheless, by way of derogation from Article 13 of the Decree of 3 May 2002, where the method of calculation leads not to be able to make an appointment for two consecutive years, an appointment in the grade of promotion may be pronounced on Third year. In this case, the cumulation of decimals is not carried forward the following year. "

    Article 6


    An article 18-2 is added as follows:
    " Art. 18-2. - The ratio provided for in Article 18 (1) above may, where appropriate, be increased according to the demographic situation of the ranks concerned, appreciated by taking into account the importance of the number of staff classified at the last level of their grade and The duration of their appointment at that level. An order of the Minister for the Interior, Internal Security and Local Freedoms, the Minister for the Economy, Finance and Industry and the Minister for the Public Service and the reform of the State shall fix the conditions and the rate of the Markup. "

    Article 7


    An evaluation of the grade advancement mechanism implemented by section 5 of this Order is carried out. This assessment is presented to the Board of Governors of the Territorial Civil Service.

    Article 8


    The Minister of the Interior, Internal security and local freedoms, the Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister for the Interior and the Minister for Budget and Reform Budget, a spokesman for the Government, shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, 30 December 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of the function Public

and state reform,

Renaud Dutreil

The Minister of the Interior,

of internal security

and local freedoms,

Dominique de Villepin

The Minister of the Economy,

Finance and Industry,

Herve Gaymard

Associate Minister in the Interior,

Marie-Josée Roig

The Minister delegated to the

Budget and Budget Reform,

spokesperson for the Government,

Jean-François Copé


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