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Decree No. 2003-20 Of 6 January 2003 Relating To The Opening Of Some Body And Jobs Of State Officials To Nationals Of The Member States Of The European Community Or Of Another State Party To The Agreement On The Economic Area Had...

Original Language Title: Décret n° 2003-20 du 6 janvier 2003 relatif à l'ouverture de certains corps et emplois de fonctionnaires de l'Etat aux ressortissants des Etats membres de la Communauté européenne ou d'un autre Etat partie à l'accord sur l'Espace économique eu...

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Summary


Application of Law 83-634 of 13 July 1983, in particular Articles 5 and 5a, together Law 84-16 of 11 January 1984. Act 91-715 of 26 July 1991, by adding an article 5 bis to Act 83-634 of 13 July 1983 on the rights and obligations of civil servants, implemented, in French law, the principle of the free movement of workers, made applicable To the administrations of the Member States by the case-law of the Court of Justice of the European Communities (ECJ) which has progressively defined the rules opening up derogations from the provisions of Article 39 (4) of the Treaty establishing the European Community (ex Article 48 of the Treaty of Rome) excluding public administrations from the system of free access to employment Since the vote on Article 5a, in the public service of the State more than 30 decrees have been published In order to open bodies of officials meeting the criteria laid down in the aforementioned law. Therefore, under the commitments of France under the Treaty establishing the European Community, the Minister responsible for the public service wished to give a new impetus to the implementation of the Community principle of free trade. Movement of workers in the administration by opening up several bodies and jobs in the public service of the State to nationals of the Member States of the European Community or of another State Party to the agreement on The European Economic Area. In advance, the Council of State was seized in order to remove a number of uncertainties as regards the interpretation of the provisions of Article 5a of the aforementioned Law of 13 July 1983, in particular with regard to the Inseparable tasks of the exercise of sovereignty or direct or indirect participation in the exercise of powers of public authority, and which cannot, by consequence, be entrusted to Community nationals. Issued on 31 January 2002, the Council of State specified that, if most of the tasks defined in the special status governing a body or framework of employment are not separable from the exercise of sovereignty or direct participation, or This Decree introduces the principle of the access of Community nationals to the role of Community nationals in the exercise of powers of public authority. Of the State in nine decrees laying down statutory provisions common to several bodies of categories B and C or jobs assimilable to category B. By this decree, more than 150 bodies of officials of central administration, of Decentralised services and public establishments that are proposed to you to open to nationals of the Member States of the European Community or another State Party to the agreement on the European Economic Area. The decree shall consist of an article The implementation of the principle of free movement prohibits any discrimination against Community nationals. Accordingly, Article 1 of the Decree points out that the statutory provisions governing open bodies and jobs, and designated in the Annex, are applicable to Community nationals in the same way as to French civil servants, in The conditions laid down by the decree laying down general provisions on the situation and the procedures for the classification of nationals of the Member States of the European Community or of another State party to the Agreement on the Economic Area European Union, appointed in a body of state officials. The annex to the decree, in accordance with the provisions of article 5 bis of the aforementioned Act of 13 July 1983, which requires that bodies, posts or jobs be designated by their respective statutes, lists the bodies open, By department concerned. In addition, two orders relating to employment are annexed. These are open because the bodies giving access to these jobs are themselves open.

Keywords

PRIME MINISTER , PUBLIC FUNCTION OF THE STATE , EMPLOYEE , OPENING UP EMPLOYMENT , EMPLOYMENT CORPS , EMPLOYMENT FRAMEWORK , LIST , IMPLEMENTING , COMMUNITY NATIONAL , EUROPEAN COMMUNITIES , EUROPEAN ECONOMIC AREA , EEE , FREE MOVEMENT OF WORKERS


JORF No. 7 of 9 January 2003 Page 471
Text N ° 1


DECRET
Decree n ° 2003-20 of 6 January 2003 on the opening of certain bodies and posts of officials of the State to nationals of the Member States of the European Community or of another State Party to The agreement on the European Economic Area other than France

NOR: PRMG0270964D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/1/6/PRMG0270964D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/1/6/2003-20/jo/texte


Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of the Public Service and Reform of the State,
Given Act No. 83-634 of 13 July 1983 as amended relating to the rights and obligations of civil servants, in particular Articles 5 and 5a, together the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State ;
In view of Decree No. 60-181 of February 24, 1960, as amended on the common statutory provisions applicable to the operator corps of the administrations of the State;
In the light of Decree No. 70-79 of 27 January 1970 concerning the organization Careers of officials in categories C and D;
Having regard to Decree No 70-251 of 21 March 1970 as amended on the common statutory provisions applicable to the bodies of motor drivers and garage owners of the administrations of The State;
In light of Decree No. 71-990 of 13 December 1971 on the employment of the head of internal service of the state administrations and public establishments;
In view of Decree No. 75-888 of 23 September 1975, as amended Applicable to posts of chief technical services officer;
Given the amended decree n ° 90-712 of 1 August 1990 on common statutory provisions applicable to the bodies of administrative agents of state administrations;
Vu The amended decree n ° 90-713 of 1 August 1990 on the common statutory provisions applicable to the bodies of administrative assistants of the administrations of the State;
Having regard to the amended Decree No. 90-714 of 1 August 1990 on the provisions Common statutory provisions applicable to the bodies of professional workers of the State administrations and to the bodies of master workers of the administrations of the State;
Having regard to Decree No. 90-715 of 1 August 1990 as amended on the statutory provisions Provisions applicable to the bodies of officials of the technical services of the administrations of the State;
Having regard to Decree No 94-741 of 30 August 1994 on the assimilation, for access to competitions of the public service of the State, of the diplomas awarded In other Member States of the European Community or party to the Agreement on the European Economic Area;
Having regard to Decree No 94-1016 of 18 November 1994 laying down common statutory provisions applicable to various bodies of officials of Category B, as amended by Decree No. 97-301 of 3 April 1997 and Decree No. 2001-1238 of 19 December 2001;
Having regard to Decree No. 94-1017 of 18 November 1994 laying down common statutory provisions applicable to the bodies of secretaries Administrative and similar bodies, as amended by Decree No. 95-49 of 13 January 1995, Decree No. 97-996 of 23 October 1997 and Decree No. 2001-1239 of 19 December 2001;
In the light of Decree No. 2002-1294 of 24 October 2002 laying down general provisions on the situation and procedures for the classification of nationals of the Member States of the European Community or of another State Party to the Agreement on the European Economic Area, appointed in a State officials' bodies;
In view of the opinion of the Conseil supérieur de la fonction publique de l' Etat (Status Committee) dated 22 May 2002;
The Conseil d' Etat (Finance Section) heard,
Describes:

Item 1
Nationals of the Member States of the European Community or of another State Party to the Agreement on the European Economic Area other than France have access to the bodies and jobs of officials of the State Governed by the decrees laying down common statutory provisions, listed in the Annex to this Decree.
The statutory provisions governing the host body shall apply to them in accordance with the conditions laid down in the decree of 24 October 2002 mentioned above.

Article 2 Read more about this Article ...


Minister of Interior, Internal Security and Local Freedoms, Minister of Social Affairs, Labour and Solidarity, Seals Minister, Minister of Justice, Minister of Business The Minister of Defence, the Minister for Youth, National Education and Research, the Minister of Economy, Finance and Industry, the Minister for Equipment, Transport, Housing, Tourism and the Sea, The Minister of Health, Family and Disability, the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of Culture and Communication, the Minister of the Public Service, Reform of the state and spatial planning, the Minister for Sport and the Minister responsible for the budget and budgetary reform shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of The French Republic.

Item Appendix


A N N E X E


LIST OF CORPS AND FUNCTION JOBS PUBLIC OF THE STATE OPEN TO THE RESSORTISSANTS OF THE EUROPEAN COMMUNITY AND OF THE STATES PARTIES TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA
Are open to Community nationals, under the conditions laid down in the provisions of this Decree, the bodies and posts of officials designated hereafter.
I.-The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised services And to the central administration and the bodies of officials of the public establishments of the State designated hereafter, governed by the provisions of Decree No 60-181 of 24 February 1960 on the common statutory provisions applicable to State government operator's body:
-the operator's body of the economy, finance and industry;
-the body of the operator of the equipment;
-the operator's body of the interior.
II. -The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised departments and the central administration and the bodies of the officials of the Public establishments of the State hereafter referred to, governed by the provisions of Decree No 70-251 of 21 March 1970 as amended on the common statutory provisions applicable to the bodies of motor drivers and garage owners of the State administrations:
1. For drivers of cars:
-the body of drivers of foreign affairs;
-the body of drivers of health and social affairs;
-the body of automotive drivers of agriculture;
-the body of drivers of the culture;
-the bodies of drivers of the defence;
-the body of drivers of the economy, finance and industry;
-the body of drivers of motor vehicles National education;
-the body of automotive drivers of equipment;
-the bodies of drivers of the judiciary (central administration, judicial protection of youth and judicial services);
-the body of Automobile drivers in the interior;
-the motor vehicle driver of the Prime Minister's services (general services);
-the car driver's body of the Caisse des depots et consignations;
2. For garage chefs:
-the body of foreign business garage chefs;
-the body of garage chefs for health and social affairs;
-the body of agricultural garage chefs;
-the body of garage heads of the garage Culture;
-the body of defence garage chiefs;
-the body of garage managers in the economy, finance and industry;
-the body of garage managers of national education;
-the body of garage chiefs The equipment;
-the bodies of garage heads of justice (central administration, judicial protection of youth and judicial services);
-the body of interior garage heads;
-the body of garage heads of services The Prime Minister (General Services);
-the Garage Corps of the Caisse des Depots et Consignations.
III. -The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised departments and the central administration and the bodies of the officials of the Public institutions of the State hereafter referred to, governed by the provisions of Decree No 90-712 of 1 August 1990 concerning the common statutory provisions applicable to the bodies of administrative agents of state
: The body of the Administrative Officers of Foreign Affairs;
-the bodies of the administrative staff of health and social affairs (central administration and decentralised services);
-the bodies of the Administrative Officers of Agriculture (headquarters, deconcentrated services and agricultural education);
-the bodies of administrative officers of culture (central administration and deconcentrated services);
-the body of defence administrative officers (central administration and decentralised services);
-the bodies of the administrative officers of the economy, finance and industry (central administration and decentralised services);
-the bodies of administrative staff of National education (central administration and decentralised services);
-the bodies of the administrative staff of the equipment (central administration and decentralised services);
-the bodies of the administrative officers of justice (central administration, judicial protection of youth, prison administration and judicial services);
-the bodies of administrative staff in the interior (central administration and decentralised services);
-the body of the Administrative officers of the Prime Minister's services (general services);
-the administrative officer corps of the Caisse des depots et consignations.
IV. -The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised departments and the central administration and the bodies of the officials of the Public establishments of the following State, governed by the provisions of Decree No. 90-713 of 1 August 1990 concerning the common statutory provisions applicable to the bodies of administrative assistants of state administrations:
-the body of the Administrative Assistants of Foreign Affairs;
-the bodies of the Administrative Assistants in Health and Social Affairs (central administration and decentralised services);
-the bodies of administrative assistants of Agriculture (central administration and decentralised services);
-the bodies of administrative assistants of culture (central administration and decentralised services);
-the body of administrative assistants (administrative staff) Central and decentralised services);
-the bodies of the administrative assistants of the economy, finance and industry (central administration and decentralised services);
-the bodies of the administrative assistants of national education (headquarters and decentralised services);
-the bodies of the administrative assistants of the equipment (central administration and decentralised services);
-the bodies of the administrative assistants of the judiciary (central administration, Judicial protection and youth, prison administration and judicial services);
-the bodies of the administrative assistants of the interior (central administration and decentralised services);
-the body of administrative assistants The services of the Prime Minister (general services);
-the body of the administrative assistants of the Caisse des depots et consignations.
V.-The bodies of officials of the central administration of the state administrations, of the services Decentralised authorities of the State or common to the decentralised services and the central administration and the bodies of officials of the public establishments of the State designated hereafter, governed by the provisions of Decree No 90-714 of 1 August 1990 as amended relating to the common statutory provisions applicable to the bodies of professional workers of state administrations and to the bodies of master workers of state administrations:
1. For professional workers:
-the body of professional foreign affairs workers (central administration);
-the bodies of workers in health and social affairs (central administration and services) Deconcentrated);
-the body of professional workers in agriculture (deconcentrated services);
-the bodies of professional culture workers (central administration and deconcentrated services);
-the workers' bodies Defence professionals (central administration and decentralised services);
-the bodies of professional workers in the economy, finance and industry (central administration and decentralised services);
-the workers' corps National education professionals (headquarters);
-the bodies of professional equipment workers (central administration and deconcentrated services);
-the bodies of professional justice workers (central administration, judicial protection of youth and judicial services);
-the bodies of professional workers in the interior (central administration and deconcentrated services);
-the body of professional workers in the Services of the Prime Minister (General Services);
-the Professional Workers' Corps of the Caisse des Depots et Consignations;
2. For the master workers:
-the body of master foreign workers (of central administration);
-the bodies of master workers in health and social affairs (central administration and deconcentrated services);
-the The body of master workers in agriculture (central administration and deconcentrated services);
-the bodies of master workers in culture (central administration and deconcentrated services);
-the bodies of defence contractors (central administration and decentralised services);
-the bodies of master workers in the economy, finance and industry (central administration and decentralised services);
-the body of master workers in national education (central administration);
-the body of master workers in equipment (central administration);
-the bodies of master workers of justice (central administration, judicial protection of youth and judicial services) ;
-the corps of master workers of the interior (central administration and deconcentrated services);
-the body of the master workers of the Prime Minister's services (general services);
-the body of the master workers of the Caisse des Deposits and logging.
VI. -The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised departments and the central administration and the bodies of the officials of the Public establishments of the State hereafter referred to, governed by the provisions of Decree No 90-715 of 1 August 1990 concerning the common statutory provisions applicable to the bodies of technical services officers of the administrations of The State, with regard to the following bodies:
-the bodies of the Foreign Affairs Technical Services Officers;
-the bodies of the Health and Social Affairs Technical Services Officers (Central Administration and the Deconcentrated services);
-the body of agriculture officers (central administration and decentralised services);
-the body of technical services officers in culture (central administration and decentralised services) ;
-the body of the defence technical services officers (central administration and deconcentrated services);
-the bodies of the technical services officers of the economy, finance and industry (central administration and Deconcentrated services);
-the bodies of the National Education Technical Services Officers (headquarters and deconcentrated services);
-the bodies of the equipment technical services officers (headquarters and Deconcentrated services);
-the body of the Marine Affairs Technical Services Officers;
-the bodies of the justice technical services officers (headquarters and judicial services);
-the Body of technical services officers from within (central administration and decentralised services);
-the body of the technical services officers of the Prime Minister (general services);
-the body of the agents of the Technical services of the Caisse des depots et consignations.
VII. -The bodies of officials of the central administration of the state administrations, the decentralised services of the State administrations or common to the decentralised departments and the central administration and the bodies of the officials of the Public establishments of the following State, governed by the provisions of Decree No 94-1017 of 18 November 1994 laying down common statutory provisions applicable to the bodies of the administrative secretaries of the State administrations and to Certain similar bodies, as amended by Decree No. 95-49 of 13 January 1995, Decree No. 97-996 of 23 October 1997 and Decree No. 2001-1239 of 19 December 2001:
-the bodies of administrative secretaries of health and social affairs (headquarters and deconcentrated services);
-the bodies of the administrative secretaries of the Ministry of Agriculture (headquarters and deconcentrated services);
-the bodies of the administrative secretaries of the Ministry of Agriculture Culture (central administration and decentralised services);
-the body of administrative secretaries of the economy, finance and industry (central administration and decentralised services);
-the body of secretaries Administration of national education (central administration);
-the body of the administrative secretaries of the Caisse des depots et consignations;
-the body of the administrative secretaries of youth and sports (of administration Headquarters);
-the bodies of the administrative secretaries of justice (central administration and judicial protection of youth);
-the bodies of the administrative secretaries of the equipment (headquarters and services Deconcentrated);
-the body of the administrative secretaries of the interior (central administration);
-the body of the administrative secretaries of the police;
-the body of the administrative secretaries of the prefecture;
-the body of the Administrative secretaries of the Prime Minister's services (general services);
-the body of civil aviation administration assistants (central administration and decentralised services);
-the body of secretaries School and academic administration of the Ministry of National Education;
-the body of the academic and academic secretaries of the Ministry of Agriculture;
-the body of the controllers of the National Credit Fund Agricultural;
-the body of the administrative secretaries of the National Forestry Board;
-the body of the administrative secretaries of the National Military Social Security Fund;
-the body of the technical secretaries of the Caisse des Deposits and logging.
VIII. -The posts governed by Decree No. 71-990 of 13 December 1971 on the employment of the head of internal service of the State authorities and public establishments and the decree n ° 75-888 of 23 September 1975 amending the provisions Applicable to Senior Technical Services Officer jobs.


Done at Paris, January 6, 2003.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of the Interior,

of internal security

and local freedoms,

Nicolas Sarkozy

Social Affairs Minister,

du travail et de la solidarité,

François Fillon

The Seal Guard, Minister of the Justice,

Dominique Perben

The Minister of Foreign Affairs,

Dominique de Villepin

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Youth,

Education National and Research,

Luc Ferry

The Minister of the Economy,

Finance and Industry,

Francis Mer

The Minister of Equipment, Transportation,

, Housing, Tourism and Mer,

Gilles de Robien

The Minister of Health, Family

and People with Disabilities,

Jean-François Mattei

The Minister of Agriculture, Food,

Fisheries and Business Rural,

Hervé Gaymard

Minister of Culture

and Communication,

Jean-Jacques Aillagon

The Minister of the Public Service,

of the reform of the

state and the development of the Territory,

Jean-Paul Delevoye

Minister of Sport,

Jean-François Lamour

Associate Minister for Budget

and Budget Reform,

Alain Lambert


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