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Decree Of 26 December 2005, Rules Of Procedure Of The Higher Council And The Advice Of The Military Function

Original Language Title: Arrêté du 26 décembre 2005 portant règlement intérieur du Conseil supérieur et des conseils de la fonction militaire

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DEFENSE , ARMEE , SENIOR MILITARY SERVICE BOARD , CSFM , MILITARY SERVICE COUNCIL , CFM , INTERIFER RULE , ORGANIZATION , COMPOSITION , RUNNING , MISSION , COMPETENCE


JORF No. 14 of 17 January 2006 Page 0
Text #9


ARRETE
Order of 26 December 2005 on the Rules of Procedure of the Board of Governors and the Councils of the Military Function

NOR: DEFP0501738A ELI: http://www.legifrance.gouv.fr/eli/arrete/2005/12/26/DEFP0501738A/jo/texte


The Minister of Defence,
In view of Act No. 2005-270 of 24 March 2005 on the general status of members of the military, in particular Article 18;
In view of Decree No. 2005-1239 of 30 September 2005 relative to the Senior Military Council and Military Councils;
In view of the opinion of the Military Service Board of Governors on October 21, 2005,
Stops:

  • TITLE I: GENERAL Article 1 Read more about this Article ...


    The Minister of Defence chairs the Board of Governors of the Military Function. It shall fix the date of the sessions and shall adopt the agenda. Sessions are not public. In the absence of the President, the Secretary-General organises and animates the work of the Council.

    Article 2 Learn more about this Article ...


    The Minister of Defence presides over the advice of the military. It shall fix the date of the sessions and shall adopt the agenda. At his request, the General Delegate for Armaments, the Chiefs of Staff of the Army, the Navy and the Air Force, the Director General of the National Gendarmerie, the Central Directors of the Health Service and the Service of the Species of the Vice-Presidents, provide the effective chairmanship of the Council for the military function of their army, direction or service. Sessions are not public. In the absence of the President or Vice-President, the Secretaries-General organize and liven the work of the Military Service Councils

  • TITLE II: THE GENERAL SECRETARIATES OF COUNCILS Item 3 Learn more about this Article ...


    The General Secretariat of the Higher Council of the Military Function, whose numbers and means are fixed by the Minister of Defence, is headed by a member of the corps of the general control of the armed forces Carrying the title of Secretary General. Appointed by the Minister of Defence, it is attached to the Minister's Office.
    The permanent secretariat of each of the military councils, whose numbers and means are established by the Vice-Chair of the Board, is governed by a A senior officer with the title of Secretary General. It is appointed by the Minister of Defence on the proposal of the Vice-President of the Council, to which he is directly subordinate.

    Article 4 Learn more about this Article ...


    For the execution of decisions of the Minister of Defence, the President of the Board of Governors and the councils of the military function, the Secretaries-General of the Board of Governors and the councils of the office Member, each for the following:
    -in consultation with the relevant agencies of the central administration, conduct a preliminary study of the proposals, studies and suggestions addressed to them, with a view to their registration On the agenda;
    -organize the activities of the Board of Governors and the councils of the military function and the consideration of the items on the agenda of the sessions: Working groups which may be established pursuant to the provisions of the fifth indent;
    -ensure freedom of expression in the Board of Governors and the councils of the military function and ensure that the guarantees provided for in the Articles 21 and 22 of the aforementioned decree of 30 September 2005;
    -write the minutes of the session and ensure their dissemination and that of the messages, statements and documents relating to the activities of the Board of Governors and Councils Military function;
    -may, outside of sessions, convene members of working group councils to study particular topics related to military personnel;
    -conduct liaison with agencies Interested in Headquarters, in the processing of matters relating to the status and status of military personnel referred to them by the military under the conditions set out in Title IV below;
    -keep up-to-date and Make available to the members of the board all documentation and information on matters within the competence of the councils;
    -prepare and coordinate, in liaison with the Monitoring Committee, the election operations of the Senior Military Council of the Military Council and the Military Board of Directors; and
    -personally contribute to a better understanding of the role and action of the Board of Governors and the councils of the function Military press, including articles in the military press and meetings held in the formations and establishments to which they visit.

    Article 5 Read more about this article ...


    The Secretary General of the Supreme Council of the Military Service coordinates the activities of the Secretaries-General of the Military Service Councils for All matters within the competence of the Higher Council of the Military Service. It receives a copy of the agenda, the communiqué and the minutes of the sessions of these councils and arranges meetings for the preparation of the work of the Military Service Senior Council.

    Article 6 Learn more about this Article ...


    The Secretary General of the Supreme Council of the Military Service corresponds directly with the Secretary-General for the administration, the general control of the armed forces, the general delegation for armaments, The staffs, the Directorate-General of the National Gendarmerie and the Central Directorate of Joint Services. The authorities to which the Secretary-General responds directly to him.
    The secretaries-general of the military councils correspond directly with the agencies of their military, management or service, as well as with the Headquarters Directorates. The authorities for the secretaries-general respond directly to them.
    The secretaries-general of the higher council and the councils of the military function correspond directly with each other

  • TITLE III : ORGANISATION OF SESSIONS OF THE COUNCILS Article 7 Read more about this Article ...


    The agenda of the Military Service's Board of Governors includes:
    -the draft texts and the questions the President has decided to list, for opinion or for information;
    -the questions Registered ex officio, the examination of which was requested by the majority of the members of the Higher Military Council;
    -proposals to the Secretary-General by a member of the Board of Governors of the Military Service who were
    The agenda for the Military Council includes:
    -items on the agenda for the corresponding session of the Military Service Board of Governors;
    -issues specific to: Each army, direction or service which the President has decided to enter, for examination or for information, on his initiative or on a proposal by the Vice-President concerned;
    -the matters of its own motion, the examination of which has been requested by the Majority of members of the board concerned;
    -proposals addressed to the Secretary-General by a member of the board concerned who have been retained by the Chair.

    Article 8 Read more about this article ...


    For the purposes of the last indent of the two paragraphs of Article 7, members can submit proposals, studies and suggestions:
    -to members of the Senior Military Service Council or Military Service Boards, who forward them with their advice to the relevant Secretary General;
    -directly to the relevant Secretary General.
    Military Pensioners, Members of the Senior Military Council may submit proposals, studies and suggestions to the Secretary General of the Military Service.
    These proposals, studies and suggestions must include the name, rank, and The assignment or address of the signatory. However, unless the author of these proposals, studies and suggestions formally requests that his name and rank be brought to the attention of the Minister or the authority concerned, the Secretary-General shall submit such proposals, studies and
    proposals, studies and suggestions relating to general fields relating to the status and status of the Member States. Members shall be notified to the competent authority and, if the Secretary-General considers it appropriate, then forwarded to the Minister or the Vice-Chairperson of the Council concerned. Upon decision of the Minister, suggestions and studies may be submitted to members of the Military Service and the Military Service Board of Governors.
    The Secretary General concerned shall respond directly to the member who is the member of the Military Service. Proposal, study or suggestion. It shall circulate the proposals, studies and suggestions and the replies thereto.
    Proposals, studies and suggestions falling outside the competence of the Councils shall be referred to their signatories, with an explanation of the reasons for the Rejection.

    Item 9 Learn more about this Article ...


    summonses for the sessions of the Higher Council of the Military Service are addressed, under the cover of the Administrative Training Commanders to the serving members, who have served as members of the Corresponding session of the military function board of their army, direction or service.
    They shall, except as a matter of urgency, be declared by the President, at least thirty days before the date fixed for the beginning of the session. In the case of retired military personnel, the summonses are directly and personally addressed to them by the General Secretariat of the Board of Governors of the Military
    . Shall be addressed, under the cover of the Administrative Training Commanders, to the members holding such advice, except as a matter of urgency, declared by the President, at least thirty days before the date fixed for the beginning of the session. The agenda and files shall be addressed directly and personally within the same time limit to the full members, and as soon as possible to the alternate members convened for the session
    Imperious reasons for service or serious personal reasons which are left to the initiative of the Administrative Training Commanders. The latter shall make known to the Secretaries-General the reasons that prevent the member from repling to the invitation. The Secretaries-General shall replace the member who has been prevented by an alternate member of the same group and of the same category in the order of the results of the drawing of lots or of the election. If all alternates in a group are unavailable, an alternate from the other group shall be used in the same manner.
    The full member of the Board of Governors of the Military Service who is unable to serve on a session may sit, Possibly in excess of and with a consultative voice, to the Military Service Council before this session.

    Article 10 Read more about this Article ...


    The chairpersons of military pensioners' associations shall be informed of the summons addressed to the members who represent them and shall inform the Secretary-General of the High Council of the Military service the reasons that prevent the retired military member from attending the session. The Secretary-General shall then replace the member who has been prevented by the alternate member.

    Article 11
    The Secretary General of the Superior Council of the Military Service also sends a summons to the representatives of the Minister responsible for the Budget and the Minister responsible for the Public Service and an invitation Persons involved in the work.

    Article 12
    Secretaries-General are responsible for the organization of the sessions, as directed by the President for the Senior Military Council or the Vice-Presidents for the advice of the Military function.
    At the beginning of each session, the secretaries-general make the appointment by the advice of a session secretary. The latter shall assist the Secretary-General in the facilitation of the meetings of the Council, participate in the drafting of the opinions of the Board and of the session communiqué, countersign the statement of session and the minutes.

    Article 13 Read more about this Article ...


    The Conseil supérieur et les councils de la fonction militaire sit, on the decision of their Secretary-General, either in plenary session or in working
    . Council sessions, but do not participate in votes. The members shall express themselves freely on each of the questions posed and shall give an opinion, collected by the Secretary-General, by a majority of the votes. However, they are subject to the reserve obligation in the dissemination of the opinions expressed in the sitting.
    The vote shall be secret if at least one third of the members present on the request or on a proposal by the Secretary-General. The count is then carried out by the Secretary-General in the presence of the Secretary of Session and three members of the Board designated by the Secretary General.

    Article 14 Learn more On this item ...


    Boards can use qualified people as needed.

    Item 15 Learn more about this Article ...


    Secretaries-General of Military Service Councils send to the Secretary General of the Military Service Senior Council:
    -as soon as possible, the list of members of the councils, also Members of the Board of Governors, who were summoned and made known that they would participate in the session;
    -at the end of the session, the list of board members, also members of the Board of Governors, who did participate in the session; Session.

    Article 16 Learn more about this Article ...


    On an advisory basis, some members of the Military Service Boards may be called upon to participate in the work of the Military Service Board, either because of their personal competence, In order to study a draft text relating to the status of a body to which those members belong, where no member of that body is a member of the Higher Council of the Military Service.

    Article 17 Learn more about this Article ...


    The sessions of the Military Service Board of Governors and the Military Service Boards are the subject of a communiqué and a signed and issued account under the following conditions:
    -en ce The statement shall be signed by the Chairman of the Board of Governors of the Military Service or by the authority designated by the Chief Military Officer to that effect and countersigned by the Secretary of the session. It is issued by the Minister of Defence. The minutes shall be signed by the Chairman of the Council or by the authority delegated by him for that purpose and countersigned by the Secretary of the session. It is issued by the Secretary General of the Board of Governors of the Military Service; and
    -as regards the advice of the military function, the communiqué is signed by the Vice-Chairperson and countersigned by the Secretary of the session; it is Broadcast by the Vice-President. The minutes shall be signed by the Vice-Chairperson of the Military Service Council or the authority delegated by him for that purpose and countersigned by the Secretary of the session. It is distributed by the Secretary General of the Military Service Council;
    -the communiqués and reports of the Military Service Councils and the Military Service Senior Council receive the widest circulation. So that all members serving in the business may be aware of them in their training, establishment or service. News releases and reports from the Military Service Board of Governors are also distributed to military pensioners' associations; and
    -each of the members and alternates of the Military Service and the Council A copy of the communiqués and minutes of each session of its military council, directorate or service, and of the Military Service Board of Governors, that is directly and personally received by the military Sat or not.

    Article 18
    The secretaries-general account for each session, particularly in the military press, joint or specific to each army, direction or service.
    The dissemination of relative information The sessions of the Higher Council of the Military Service and the advice of the military function shall be provided, inter alia, through the Defence Information and Communication Service.

    Article 19 Learn more about this Article ...


    The authorities responsible for their employment with serving members, members of the Board of Governors of the Military Service or the councils of the military function, grant them all facilities For the performance of their duties.
    The incumbent members have an office or furniture to store their working documents.
    Members also receive special help in their work:
    -from their superiors, who give them the time necessary for the preparation and the operation of the sessions and facilitate their contacts with the other members of the corps and, where appropriate, others The corps of the garrison or neighbouring garrisons;
    -from the administrative and chancery services of their headquarters and, if necessary, administrative services at the local or higher level, which provide the Members of the particulars of the documentation they receive, reply to their requests for further information and assist them in the drafting of the written
    . Directly with the Secretary General of the Military Service Board and the Secretary General of the Military Service Council of their military, direction or service.

    Article 20 Read more about this article ...


    At the reception of a meeting of the council, members who can honour their mandate benefit from service relief under the following conditions :
    -providing service during the three working days preceding a meeting of the Military Service Board; and
    -providing service during the two working days preceding a meeting of the Senior Executive Council Member.
    Any member who is the subject of a summons shall be entitled to travel expenses under the prescribed conditions

  • TITLE IV: PROCESSING OF ISSUES AND CONDITION OF MEMBERS Item 21 More about this Article ...


    Members may direct questions relating to the status and condition of members in accordance with a procedure identical to that set out in section 8 of this Order.

    Article 22 Read more about this Article ...


    The secretaries-general of the Military Service Board and the Military Service Boards are not empowered to deal with individual matters, even if they relate to The application of the provisions relating to the status and status of military personnel.
    When such questions are addressed to them, the Secretaries-General, after having possibly conducted a preliminary study to determine whether the facts Whether or not they raise general issues within the competence of the Military Service Board and the councils of the military function, return them to the signatories by orienting them to the appropriate interlocutor.

    Article 23 Learn more about this Article ...


    The Order of 20 January 2000 on the Rules of Procedure of the Board of Governors and Military Councils is repealed.

    Article 24 Read more about this article ...


    This Order will be published in the Official Journal of the French Republic


Done at Paris, December 26, 2005.


Michèle Alliot-Marie


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