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Law No. 2007-148 February 2, 2007, Of The Public Service Modernization

Original Language Title: LOI n° 2007-148 du 2 février 2007 de modernisation de la fonction publique

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Summary

Amendment of the Labour Code, the Heritage Code, the Penal Code, the Code of Research, the Code of Social Security, the Code of Education, the Code of Administrative Justice, the Code of Mutual Sharing, the Industry Code Amendment of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants: - Creation: Article 25, after Article 22 of Article 22a. -Amendment of Articles 21, 22, 14, 9.Amendment of Law No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State: - Establishment: after Chapter IX of Chapter IXa, including Article 72-1, After Article 55 of Article 55a. -Articles 19, 26, 34, 58, 41 to 44 replaced by Articles 41, 42, 43, 43 bis and 44, Articles 37 a, 14, 20, 22, 23, 34 bis. - Repeal: Articles 72, 39.Amendment of Law No. 86-33 of 9 January 1986 Statutory provisions relating to the hospital public service: - Creation: after Article 32-2 of Article 32-3, after Article 65 of Article 65-1. Sections 29, 35, 41, 69, 48, 49, 50 replaced by sections 48, 49, 49-1 49-2 and 50, of sections 7, 21, 46-1, 46, 31, 32, 41-1, 116. - Repeal of sections 8, 90.Amendment of Order No. 82-273 dated March 26, 1982 Measures designed to ensure that young people between sixteen and eighteen years of age have a vocational qualification and to facilitate their social inclusion: - Amendment: of Article 14.Modification of Law No. 84-594 of 12 July 1984 on the training of Officers of the territorial civil service and supplementing Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service: - Amendment: Articles 23, 49.Amendment of Law No. 90-1067 of 28 November 1990 concerning the territorial civil service and amending certain articles of the code of the communes; - Amendment: of Article 1.Amendment of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to The territorial civil service: - Amendment: Articles 61 to 63 replaced by Articles 61, 61-1, 61-2, 62 and 63, Articles 30, 60 bis, 60, 44, 57. - Repeal: of Article 95.Amendment of Law No. 93-122 of 29 January 1993 The prevention of corruption and the transparency of economic life and public procedures: - Creation: of Article 87.Amendment of Law No. 2002-276 of 27 February 2002 on local democracy: - Amendment: de Article 156.Amendment of the amending finance law for 2002 (No. 2002-1576 of 30 December 2002): - Repeal: of Article 66.Amendment of Law No. 2005-270 of 24 March 2005 on the general status of members: - Creation: after Article 50 of Article 50-1, after Article 11 of Article 11-1. - Amendment: Articles 46, 54, 90. - Repeal: of Article 58.Amendment of Law No. 96-452 of 28 May 1996 on various health, social and statutory measures -Amendment: of Article 24.Amendment of Act No. 2001-616 of 11 July 2001 on Mayotte: - Amendment: of Article 64-1.Amendment of Act No. 90-568 of 2 July 1990 on the organisation of the public postal service and Telecommunications: - Creation: after Article 29-3 of Articles 29-4 and 29-5. -Amendment: of Article 29.Amendment of Law No. 73-6 of 3 January 1973 establishing an Ombudsman of the Republic: - Amendment: of Article 15.Amendment of Law No. 89-924 of 23 December 1989 authorising the transfer to a company Article 4, 6, 7.Modification of Law No. 93-1419 of 31 December 1993 on the National Printing Industry: - Creation: after Article 4-1 of Article 4-2.Amendment of Act No. 95-125 of 8 February 1995 on the organisation of courts and the civil, criminal and administrative procedure: - Amendment: of Article 20.Repeal of the Legislative Decree of 29 October 1936 Relating to the accumulation of pensions, remuneration and functions.

Keywords

PUBLIC SERVICE , MODERNIZATION , JOB CODE , HERITAGE CODE , PENAL CODE , SEARCH CODE , CSS , EDUCATION CODE , CODE OF ADMINISTRATIVE JUSTICE , MUTUALITE CODE , CODE FOR THE CINEMATOGRAPHY INDUSTRY , PUBLIC AGENT , EMPLOYEE , VOCATIONAL TRAINING , VALIDATING , ACQUIRED , PROFESSIONAL EXPERIENCE , INDIVIDUAL RIGHT TO TRAINING , MAKING AVAILABLE , DEONTOLOGY , PUBLIC SECTOR , PRIVATE SECTOR , ROLLUP OF ACTIVITIES , TERRITORIAL PUBLIC SERVICE , PUBLIC SERVICE HOSPITALERE , BILL OF LAW

Legislative Folders




JORF No. 31 of 6 February 2007 Page 2160
Text N ° 2


LAW
Public Service Modernization Act No. 2007-148 of February 2, 2007 (1)

NOR: FPPX0600067L ELI: http://www.legifrance.gouv.fr/eli/loi/2007/2/2/FPPX0600067L/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/loi/2007/2/2/2007-148/jo/texte


The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:

  • Chapter I: Professional Training for Public Officials throughout Life Item 1


    After The fifth paragraph of Article 21 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, shall be inserted two sub-paragraphs as
    : -leave for validation of experience gained;
    " -leave for Skills check; ".

    Article 2 Learn more about this Article ...


    After the 6 ° of Article 34 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State, a 6 ° bis and a 6 ° ter thus written:
    " 6 ° bis To Leave for experience validation fillet;
    " 6 ° ter On leave for assessment of skills; ".

    Article 3


    After 6 ° of Section 41 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service shall be inserted a 6 ° bis and a 6 ° ter thus written:
    " 6 ° bis On leave for validation of acquired experience;
    " 6 ° ter On leave for assessment of skills; ".

    Article 4 Learn more about this Article ...


    Section 22 of Act No. 83-634 of 13 July 1983 is thus amended:
    1 ° In the first paragraph, the words: " Continuing education " Are replaced by the words: " Vocational training at the Life long " ;
    2 ° Added four paragraphs so written:
    " Without prejudice to the vocational training measures provided for in the particular statutes, every year, depending on his working time, an officer shall be entitled to Individual to the training which he or she may invoke from any administration to which he is assigned from among those referred to in Article 2. This right shall be implemented at the initiative of the agent in accordance with his administration. It supports training costs.
    " Training actions taken under the individual right to training may take place, in whole or in part, outside working time. In this case, the receiving agents receive a training allowance.
    " Civil servants may also benefit from periods of professionalisation involving alternating training and enabling them to exercise New functions within the same body or framework of employment, or access to another body or framework of employment.
    " A decree of the Council of State determines the conditions and conditions for the use and financing of the individual right to the Training, the amount and the conditions for the allocation of the training allowance available to officers under the fourth paragraph and the conditions under which an official may access another body or framework of employment After a period of professionalization. "

    Article 5


    Title VII of Book IX of the Labour Code reads as follows:


    " TITLE VII



    "ARRANGEMENTS FOR VOCATIONAL TRAINING OF PUBLIC AGENTS ALL IN LIFE
    " Art. L. 970-1. -This title is applicable:
    " 1 ° To the vocational training of civil servants in the public service of the State, the territorial civil service and the hospital public service, which are carried out in the The framework of Article 22 of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
    2 ° To the professional training activities of non-incumbent civil servants within the jurisdiction referred to in Article 2 of The same law.
    " Art. L. 970-2. -The authorities referred to in Article 2 of Act No. 83-634 of 13 July 1983 shall apply to the public officials referred to in Article L. 970-1 a coordinated policy of vocational training throughout life. This policy, similar in scope and the means employed to that defined in Articles L. 900-1, L. 900-2 and L. 900-3, takes into account the specific nature of the public service.
    " The broad guidelines of the training policy Work and the general conditions for the preparation and implementation of vocational training activities are the subject of consultation with the trade union organisations in the context of the senior councils of each of the functions Public.
    " The public officials referred to in Article L. 970-1 may, on the initiative of the employment administration, take part in vocational training activities, either as trainees or as trainers. They may also be allowed to participate, on request, in such actions, either as trainees or as trainers.
    " Art. L. 970-3. -Public bodies responsible for implementing the policy set out in Article L. 970-2 shall not be subject to the provisions of Titles II and IX of this book
    The training activities covered by this Title may also be Provided by the bodies referred to in Article L. 920-4
    Art. L. 970-4. -In view of their needs, state administrations and public institutions implement a vocational training policy for the benefit of their agents and contribute to inter-ministerial training.
    " An Order in Council State determines the nature of the inter-ministerial training and the modalities for the participation of public administrations and public institutions in these actions
    Art. L. 970-5. -For the implementation of the policy referred to in Article L. 970-2, the establishments mentioned in Article 2 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service may make use of Joint collecting bodies approved under the conditions laid down in Article 22 of Law No 90-579 of 4 July 1990 on training, quality and supervision of continuing vocational training and amending Book IX of the Code Job. The use of these bodies is compulsory in the cases provided for in Article 41 of Act No. 86-33 of 9 January 1986 and the II of Article 16 of Order No. 2005-406 of 2 May 2005, which simplifies the legal system of the institutions of Health.
    " Art. L. 970-6. -may also benefit from the training measures provided for in this Title, under the conditions laid down by decree in the Council of State:
    ' 1 ° Persons who contribute to public service missions, without having the status of an agent of a Public community;
    " 2 ° Persons who, without having the status of a public official, prepare themselves for the procedures for the recruitment of the public service of the State, the territorial civil service, the civil service The hospital and the institutions or bodies of the European Community and the European Union. "

    Article 6


    In the last paragraph of Article 14 of Order No. 82-273 of 26 March 1982 on measures for To provide young people between sixteen and eighteen years of age with a professional qualification and to facilitate their social inclusion, the reference: L. 970-5 of the Labour Code " Is replaced by the reference: " 32 of Act No. 84-53 of 26 January 1984 Statutory provisions relating to the territorial civil service. ".

    Article 7


    Article 23 of Law No. 84-594 of 12 July 1984 on the training of civil servants And supplementing Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is thus amended:
    1 ° In the third paragraph, the words: , and in particular those referred to in Article L. 970-4 Of the job code " Are deleted;
    2 ° In the fifth paragraph, the references: " L. 920-2 and L. 920-3 of book IX. Are replaced by references: " L. 920-4 and L. 920-5 ".

    Article 8


    I. -The seventh paragraph of Article 19 of Act No. 84-16 of 11 January 1984 is replaced by two sub-paragraphs thus written:
    " The competitions mentioned at 1 °, 2 ° and 3 ° and The professional competitions and examinations defined in Articles 26 and 58 may be organised on tests, or consist of a selection made by the jury in the light of either the titles or the titles and works of the candidates; this selection may be Completed tests.
    " In the case of a competition or a professional examination organised on tests, one of them may consist in the presentation by the candidates of their professional experience in relation to the Functions to which the competition or professional examination is intended. These assets can also be presented in addition to the titles or titles and works in the case of the selections that make use of them. "
    II. -The 2 ° of Article 26 of Act No. 84-16 of 11 January 1984 reads as follows: "
    " 2 ° Competability list established after the opinion of the Joint Administrative Committee of the receiving body, by assessment of professional value and Acquired the professional experience of the agents. "
    III. -The 1 ° of Article 58 of Act No. 84-16 of 11 January 1984 reads as follows:
    " 1. Either choice, by way of registration to an annual table of progress, drawn up after the opinion of the Joint Administrative Committee, by way of assessment of the Professional value and professional experience of the agents; ".

    Article 9


    I. -Article 29 of the Law No. 86-33 of 9 January 1986, cited above is supplemented by two sub-paragraphs:
    " The competitions mentioned at 1 °, 2 ° and 3 ° and the professional competitions and examinations defined in Articles 35 and 69 may be organised on tests, or consist of A selection made by the jury in the light of either the titles or the titles and the work of the candidates; this selection may be supplemented by tests.
    " In the case of a competition or a professional examination, one of them May consist in the presentation by candidates of the acquis of their professional experience in relation to the functions to which the competition or the professional examination is intended. These achievements may also be presented in addition to the titles or titles and works in the context of the selections which make use of them. "
    II. -The 2 ° of Article 35 of Act No. 86-33 of 9 January 1986, cited above, reads as
    : 2 ° Registration on a list of aptitude established after the opinion of the Joint Administrative Committee of the host body, by assessment of the value Professional experience and the professional experience of agents. "
    III. -The 1 ° of Article 69 of Act No. 86-33 of 9 January 1986, cited above, reads as
    : 1 ° At the choice, by way of registration to an annual table of progress drawn up after the opinion of the Joint Administrative Committee, by assessment of the value Professional experience and the professional experience of the agents; "

  • Chapter V: Miscellaneous provisions Article 26


    After the second paragraph of Article 9 of Law No. 83-634 of 13 July 1983, the following two paragraphs are inserted:
    " Social action, Collective or individual, aims to improve the living conditions of public officials and their families, in particular in the areas of catering, housing, children and leisure, as well as to help them cope with situations Difficult.
    " Subject to the provisions specific to each benefit, the benefit of the social action implies the beneficiary's participation in the expenditure incurred. Such participation shall take into account, except exceptions, its income and, where appropriate, its family situation. "

    Article 27 More about this Article ...


    Article 14 of Act No. 84-16 of 11 January 1984 is thus amended:
    1 ° The first subparagraph is supplemented by a sentence so worded:
    " Joint administrative committees common to Several bodies can also be created at the central level, at the deconcentrated levels and in public establishments, without conditions of staff in these bodies at national level. " ;
    2 ° In the last paragraph, the word: " Body " Is replaced by the words: " ".

    Article 28


    I. -In the third paragraph of Article 20 of Act No. 84-16 of 11 January 1984, the word " Body " Is replaced by the word: " Competition ".
    II. Article 20 of the aforementioned Law No. 84-16 of 11 January 1984, article 44 of Law No. 84-53 of 26 January 1984, and article 31 of Act No. 86-33 of 9 January 1986 are supplemented by a paragraph worded as follows: "
    " If necessary and In any event, specialised examiners may also be appointed, on or before the day before the test for which they are appointed, by the Appointing Authority of the Selection Board. The expert examiners shall participate in the deliberations of the Selection Board, in an advisory capacity, in the assignment of marks relating to the tests they have assessed or corrected. "

    Article 29


    Article 22 of Act No. 84-16 of 11 January 1984 reads as follows:
    " (c) Recruitment Category C officials, for access to the first grade of bodies, when their special status provides for them; '.

    Article 30


    Article 23 of Act No. 84-16 of 11 January 1984 is thus reinstated:
    " Art. 23. - For access to the bodies of category C officials, candidates may be recruited by competition in the upper grades of these bodies. "

    Article 31


    Section 32 of Act No. 86-33 of 9 January 1986 reads as follows:
    " (c) Recruitment Category C officials, for access to the first grade of bodies, when their special status provides for them; '.

    Article 32


    After Article 32 (2) of Act No. 86-33 of 9 January 1986, it is inserted a Article 32-3 worded as
    : Art. 32-3. -For access to the bodies of category C officials, candidates may be recruited by competition in the upper grades of these bodies. "

    Article 33


    Section 66 of the Amending Finance Act 2002 (No. 2002-1576 of December 30, 2002) is repealed.

    Article 34


    Article L. 323-2 of the Labour Code is amended as follows:
    1 ° After the first subparagraph, a paragraph is inserted. :
    " The management centres of the territorial civil service shall be subject to the employment obligation referred to in the preceding paragraph only for their permanent staff. Their non-permanent agents shall be counted in the staff of the community or establishment to which they are located under the conditions laid down in Article L. 323-4-1, except when they replace temporarily unavailable permanent agents. " ;
    2 ° In the last paragraph, the words: " Of the preceding paragraph shall " Are replaced by the words: " Previous paragraphs do ".

    Item 35


    The third paragraph of Article L. 323-4-1 of the Labour Code is supplemented by the following sentence:
    " However, non-permanent employees are not counted when they have been paid For a period of less than six months on January 1 of the previous year. "

    Article 36


    Law No. 2005-270 of 24 March 2005 on the general status of the military is thus amended:
    1 ° Article 46 is So modified:
    a) The 1 ° is completed with a f so written:
    " (f) Parental leave; "
    (b) The tenth and eleventh paragraphs are thus written:
    " The member in one of the situations in the position of activity retains His or her remuneration, except for that placed on accompanying leave of a person at the end of life or on parental leave.
    " With the exception of parental leave, the duration of each situation of the position of activity is Assimilated to an effective service period. " ;
    2 ° After Article 50, an article 50-1 reads as follows:
    " Art. 50-1. -Parental leave is granted to the member when the illness, accident or disability of a dependent child has a particular gravity that makes it essential for a sustained presence of his mother or father and care Binding. The procedure for assessing the seriousness of the disease, accident or disability shall be defined by decree in the Council of
    . This leave shall be granted by law, upon written request of the member. The number of days for which he may be entitled may not exceed three hundred and ten working days during a period of thirty-six months. None of these days can be split. The period of leave cannot be attributed to the duration of the permissions.
    " During the days of parental leave, the member shall not acquire pension rights, subject to the provisions of Article L. 9 of the Pension Code Civilian and military superannuation.
    " If, at the end of the period of parental leave or in the event of the death of the child, the member cannot be held in his or her employment, he shall be posted as close as possible to his former Assignment or residence, subject to operational requirements. This provision shall also apply in the event that the member requests the termination, before the member's term, of the parental leave of absence of which he or she is
    . A decree of the Council of State shall lay down the rules for the application of this Article. " ;
    3 ° 4 ° of Article 54 is repealed;
    4 ° Article 58 is repealed;
    5 ° Article 90 is supplemented by two sub-paragraphs thus written:
    " Commissioned officers and commissioned members reaching their term limit of Service shall, on request, be maintained in service for a maximum period of ten quarters and within the limit of the period of insurance necessary to obtain the maximum percentage of the pension referred to in Article L. 13 of the Civil Pension Code And retired military personnel.
    " This extension of service shall be taken into account in respect of the constitution and the winding-up of the right to pension. "

    Item 37 Read more about this Article ...


    I. Article L. 233-3 of the Administrative Justice Code reads as follows: '
    ' Art. L. 233-3. -For two members of the corps recruited from former students of the National School of Administration at the rank of councillor, an appointment is made to the benefit:
    " 1 ° Civil or military civil servants of the State or civil servants of the A territorial public service or a hospital public service that justifies, at 31 December of the year in question, at least ten years of effective public service in a class A or a category A job or a category A job Or assimilated;
    " 2 ° Magistrates of the judiciary. "
    II. -Article L. 233-4 of the same code is thus amended:
    1 ° In the first subparagraph, after the words: Bodies ", are inserted the words:" Or employment frameworks " ;
    2 ° In 2 °, after words: " Another category A body ", are inserted The words: " Or framework of jobs of the same level ", and the words:" Ending at least to gross index 966 " Are replaced by the words: " And one level determined by decree in the Council of State " ;
    3 ° After 5 °, it is inserted a 6 ° thus written :
    " 6 ° Management staff of health establishments and other establishments mentioned in 1 °, 2 ° and 3 ° of Article 2 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service. " ;
    4 ° In the last paragraph, after the words: " Bodies ", are inserted the words:" ".
    III. -Article L. 233-5 of the same code is thus amended:
    1 ° The first sentence of the first paragraph reads as follows:
    " Civil servants belonging to a corps recruited by the National School of Administration, the magistrates of the order Judicial, professors and lecturers holding universities, the administrators of parliamentary assemblies, the administrators of posts and telecommunications and civil or military civil servants of the state Territorial public or hospital public service belonging to bodies or employment frameworks equivalent to that of administrative tribunals and administrative courts of appeal may be seconded to the latter body, To the rank of councillor or first adviser. " ;
    2 ° The last paragraph is deleted.
    IV. -Article L. 233-6 of the same code is thus amended:
    1 ° In the first subparagraph, the year: 2007 " Is replaced by the year: " 2015 " ;
    2 ° In the fourth paragraph (1 °), after the words: A body ", are inserted the words:" Or frame Employment ".

    Article 38


    After the fifth paragraph of Article L. 114-24 of the code of mutuality, a paragraph shall be inserted as follows: Written:
    " Where permanent duties have been assigned to them, officials may be placed, on request, in a position of secondment or of making available for the purpose of exercising the functions of a member of the board of directors Mutual, union or federation. "

    Article 39


    After Article 22 of Law No. 83-634 of 13 July 1983, it is inserted an Article 22a thus drafted :
    " Art. 22 bis. -I.-The public persons mentioned in Article 2 may contribute to the financing of the complementary social protection guarantees to which the agents they employ subscribe.
    " II. -Public participation is reserved for contracts or regulations guaranteeing the implementation of solidarity schemes between beneficiaries, assets and pensioners.
    " III. -The rules for the application of this Article shall be fixed by decrees in the Council of State. "

    Article 40


    After Article 11 of Law No. 2005-270 of 24 March 2005, it is inserted an article 11-1 thus written:
    " Art. 11-1. -The State and its public establishments may contribute to the financing of the complementary social protection guarantees to which the members they employ.
    " Their participation is reserved for contracts or regulations Ensuring the implementation of solidarity schemes between beneficiaries, assets and pensioners.
    " Detailed rules for the application of this Article shall be laid down by decree in the Council of State. "

    Article 41


    The last paragraph of Article 24 of Act No. 96-452 of 28 May 1996 on various health measures, Social and statutory is replaced by two sub-paragraphs:
    " By way of derogation from the 1 ° of the I of Article L. 24 of the Civil and Military Pension Code, the liquidation of the civil pension shall take place for the officials of those Who are admitted to retirement on their application if they justify twenty-five years of effective service in the position of activity in these bodies or compulsory military services and if they are within five years of the age limit of Their bodies provided for in the I of this Article. The bonus may be granted to them as well as to officials fulfilling the same conditions and whose pension may be wound up under Article L. 24 (3) of
    , cited above. The liquidation of the retirement pension shall take place in the Conditions laid down by the VI of Article 5 and by the II, III and V of Article 66 of Act No. 2003-775 of 21 August 2003 on the reform of pensions. "

    Item 42


    I. -Article 34a of Act No. 84-16 of 11 January 1984 is thus amended:
    1 ° The first subparagraph is Thus written:
    " After six consecutive months of sick leave for the same condition, after long-term sick leave or long-term leave, officials may, after the opinion of the competent medical committee, be authorized to perform a Part-time service for therapeutic reasons, granted for a period of three months renewable within the one-year limit for the same condition. " ;
    2 ° In the second, third, fourth and last paragraphs, the words: " Half-time " Are replaced by the words: " Part-time " ;
    3 ° This paragraph is added as follows:
    " This therapeutic partial time cannot, under any circumstances, Be less than half-time. "
    II. -The 4 ° bis of Article 57 of Act No. 84-53 of 26 January 1984 is thus amended:
    1 ° The first paragraph reads as follows:
    " After six consecutive months of sick leave for the same condition, after long-term sick leave or Long-term leave, officials may be authorised, after the opinion of the competent medical committee, to carry out a part-time service for therapeutic reasons, granted for a period of three months, renewable within the one-year limit for The same condition. " ;
    2 ° In the second, third, fourth and last paragraphs, the words: " Half-time " Are replaced by the words: " Part-time " ;
    3 ° This paragraph is added as follows:
    " This therapeutic partial time cannot, under any circumstances, Be less than half time; ".
    III. -Section 41-1 of Act No. 86-33 of 9 January 1986 is thus amended:
    1 ° The first paragraph reads as follows:
    " After six consecutive months of sick leave for the same condition, after long-term sick leave or leave Staff may be authorised, after the opinion of the competent medical committee, to carry out a part-time service for therapeutic reasons, granted for a period of three months renewable within the one-year limit for the same Affection. " ;
    2 ° In the second, third, fourth and last paragraphs, the words: " Half-time " Are replaced by the words: " Part-time " ;
    3 ° This paragraph is added as follows:
    " This therapeutic partial time cannot, under any circumstances, Be less than half-time. "

    Article 43


    Article 64-1 of Law No. 2001-616 of 11 July 2001 on Mayotte is thus amended:
    1 ° Last Paragraph VI is thus written:
    " Until their integration or tenure in one of the corps or jobs referred to in II, the agents mentioned in II and III remain subject to the social security schemes to which they are Affiliated to the date of publication of Act No. 2003-660 of 21 July 2003. " ;
    2 ° is added a VII so written:
    " VII. -The agents mentioned in II and III which are integrated or established in one of the bodies or jobs referred to in II shall remain subject to social risks other than old age and invalidity to social security schemes to which They are affiliated with the date of publication of Act No. 2003-660 of 21 July
    . They shall be affiliated, on the day of their integration or tenure, and at the earliest as of the first day of the sixth month following publication Act No. 2007-148 of 2 February 2007 on the modernisation of the civil service, the special pension scheme corresponding to the body or framework of integration or tenure
    . The services performed by these agents are taken into account In a single pension liquidated as follows:
    " -services carried out previously to the abovementioned special scheme shall be taken into account in accordance with the rules applicable, on 1 January 2006, in the scheme of the pension fund of the Officials and officials of the public authorities of Mayotte by holding the last emoluments subject to the pension received by the person concerned for at least six months before the special retirement scheme;
    " -services After affiliation to the special scheme referred to above, shall be taken into account in accordance with the rules applicable in that
    . All the services performed by these agents shall be taken into account for the purposes of establishing the right to pension in The scheme of the pension fund for civil servants and officials in the public authorities of Mayotte and in the special scheme mentioned
    . Such agents shall retain, in their personal capacity, the age at which they can liquidate their pension and The age limit applicable prior to their membership in the special scheme mentioned above. For the application of the term of service in posts classified in the active category provided for in Article L. 24 of Article L. 24 of the Code of Civil and Military Pensions and for the award of a linked service subsidy To such posts, shall be taken into account the services previously performed by such agents in functions which, by their content, are of the same nature as they do in those jobs.
    " A decree in the Council of State specifies the Arrangements for the implementation of these provisions. "

    Article 44


    Until July 1, 2009, officers of the Meeting of National Museums for an indefinite period of time who Working for the service of conference visits on the date of publication of this Law may, at their request and subject to the agreement of the Meeting of National Museums, be recruited by open-ended contracts of public law Concluded with the public establishments of the Musée du Louvre, the Museum and the National Estate of Versailles, the Musée d' Orsay and the Museum of Asian Arts Guimet, within the limits of the jobs open to the budget of these establishments. They shall then retain the profit of the gross remuneration collected under their previous contract.
    As from the establishment of the public institution of an administrative character called " The Public Establishment of the Dorée Gate-National City of The history of immigration ", the employees employed by the public interest group" National City of the History of Immigration " Are recruited by public law contracts for a fixed or indefinite period depending on the nature of the The contract of which they are held. These contracts repeat the substantive clauses of the previous contracts, including those guaranteeing them the previous gross total compensation level.

    Article 45 Read more about this article ...


    I. -Chapter I shall enter into force as from the publication of the implementing decree referred to in the last paragraph of Article 22 of Law No. 83-634 of 13 July 1983 Referred to in this Act, and no later than July 1, 2007.
    II. Article 10 shall enter into force on the basis of the publication of the decree referred to in Article 44 of Act No. 84-16 of 11 January 1984, as set out in this Law, and no later than 1 July 2007
    Effective from the publication of the decree referred to in section 63 of Act No. 84-53 of January 26, 1984, cited in this Act, and no later than July 1, 2007.
    Section 15 comes into force from the date of the Publication of the decree referred to in section 50 of Act No. 86-33 of January 9, 1986, cited in this Act, and no later than July 1,
    . -Chapter III shall enter into force on the basis of the publication of the Decree referred to in VII of Article 87 of Act No. 93-122 of 29 January 1993 referred to in this Law, and no later than 1 July
    . -Chapter IV shall enter into force on the basis of the publication of the decree referred to in Article 25 of Law No. 83-634 of 13 July 1983, as amended by this Law, and no later than 1 July 2007
    Act No. 90-568 of 2 July 1990 is supplemented by a paragraph worded as follows:
    " The third, fourth, fifth and sixth subparagraphs of Article 22 of Law No. 83-634 of 13 July 1983 are applicable to officials of La Poste et de France Télécom, except as expressly provided for in an interprofessional, branch or business collective agreement or agreement providing for more favourable provisions. "

    Item 46
    Article 1 of the film industry code is supplemented by two sub-paragraphs thus written:
    " For the performance of its missions, the National Centre for Cinematography may recruit non - Incumbent on open-ended contracts.
    " The contract agents of the National Centre for Cinematography are governed by the terms of their contract according to the date of publication of Law No. 2007-148 of 2 February 2007. Modernization of the public service and that have been recruited on open-ended contracts. "

    Article 47


    After Article 29-3 of Law No. 90-568 of 2 July 1990 on the organisation of the public postal service and In France Télécom, an Article 29-4 reads as follows: '
    ' Art. 29-4. -The amount of the allowances and allowances specific to employees of La Poste may be modulated, by a general decision of the Chairman of the Administrative Board of La Poste, to take account of the evolution of the other elements of the remuneration of the Officials as they result from article 20 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants. "

    Article 48


    After Article 29-3 of Law No. 90-568 of 2 July 1990, it is inserted a Rule 29-5 as follows:
    " Art. 29-5. -Officials of La Poste may be integrated on their application, until 31 December 2009, in one of the civil service, civil service or civil service employees in the public service Hospital. This integration is subject to a probationary period followed by a specific period of secondment. It shall, on the basis of the qualifications of officials, be carried out, notwithstanding the rules on the recruitment of staff or host employment, with the exception of those which require the exercise of the functions corresponding to the holding of a Title or diploma specific.
    " If the index obtained by the official in the receiving body is less than that held in the original body, a lump-sum compensatory allowance is paid to him by La Poste. In this case, the official of La Poste may, at the time of his integration, apply to pay contributions for retirement on the basis of the pensionable salary he held in his original body. This option is irrevocable. It shall result in the liquidation of the pension on the basis of that same treatment when it is higher than that mentioned in the first paragraph of Article L. 15 of the Civil and Military Pension Code. Host authorities or organisations also benefit from financial and support measures for the office of La Poste.
    " The conditions for the application of this Article, and in particular the determination, by a committee established to that effect Effect, bodies, jobs, grades and levels of reception are fixed by decree in the Council of State. "

    Item 49


    I. -Section 8 of Act No. 86-33 of 9 January 1986, cited above, is
    . -The deliberations taken on the basis of Article 8 of Act No. 86-33 of 9 January 1986 above, prior to the publication of this Law, shall be maintained in
    . Extinguishment frameworks within which the incumbents occupying the jobs in question are placed. These agents, having regard to their status as civil servants, may apply for the benefit of Article 51 of the aforementioned Act 86-33 of 9 January 1986 with a view to incorporating one of the bodies and jobs referred to in Article 4 of that Law.

    Article 50 Read more about this Article ...


    The last paragraph of Article 15 of Act No. 73-6 of 3 January 1973 establishing an Ombudsman of the Republic is replaced by two sub-paragraphs thus written:
    " The Ombudsman of the Republic may, in order to form his Cabinet, recruit one or more employees and put an end to their duties. In addition, it has services under its authority, in which it can recruit civil servants and non-public servants. The rules for the application of this paragraph shall be laid down by decree in the Council of
    . Civil servants or non-public servants employed for an indefinite period may be made available to the Ombudsman. Republic. "

    Article 51


    Can cumulate in full the amount of a proportional pension on the pension fund with emoluments Corresponding to a public employment of seamen who became public servants or public officials recruited before 1 January 2004 and who remain in operation on that date. These provisions shall take effect from 1 January 2004.

    Article 52


    Law No. 89-924 of 23 December 1989 authorizing the Transfer to a national company of industrial establishments dependent on the Land Armaments Industrial Group (GIAT) is thus amended:
    1 ° The second paragraph of Article 4 reads as follows:
    " The first paragraph shall apply To officials and members of the military who accept the proposed contract when they are transferred to the subsidiaries of GIAT Industries SA. " ;
    2 ° Article 6 is supplemented by two sub-paragraphs:
    " Where they are assigned to a branch of activity of a subsidiary of the national company referred to in Article 1 of which the latter owns, directly or indirectly, The majority of the capital, the workers who have made the option mentioned in the b of this Article may be assigned full rights to that subsidiary, on the initiative of their employer, under the second paragraph of Article L. 122-12 of the Code Job. In this case, the subsidiary concerned shall replace the parent company in its capacity as employer of the transferred personnel. They shall enjoy with their new employer all rights as defined by decrees made in the Council of State relating to the rights and guarantees and the social protection provided for in this Article, without any measure Is necessary in this regard.
    " Workers who have made the option referred to in the b are covered by the unemployment insurance scheme for which their assignment company has opted in accordance with Article L. 351-4 of the Labour Code. The employee and employer contributions are those in effect in the plan. " ;
    3 ° In Article 7, after the word: " ", are inserted the words:" Or one of its subsidiaries ".

    Item 53


    After Article 4-1 of Law No. 93-1419 of 31 December 1993 on the National Printing Bureau shall be inserted as
    : Art. 4-2. -Where they are employed in an activity brought to a company of which the Imprimerie Nationale holds, directly or indirectly, all or the majority of the capital, the workers of the Imprimerie Nationale referred to in Article 4 may be Assigned, on the initiative of their employer, to that subsidiary. In this case, the subsidiary concerned shall replace the National Printing Bureau as the employer of the transferred
    . This substitution shall not affect the scheme applicable to the workers who are the subject of this transfer. "

    Article 54
    In the first paragraph of Article 20 of Act No. 95-125 of 8 February 1995 on the organisation of the courts and the civil, criminal and administrative procedure, the words: As well as the Court of Cassation " Are replaced by the words: " , the Court of Cassation and the National Judicial School ".

    Article 55


    The provisions of Article 9 of Decree No. 2004-422 of 12 May 2004 amending Decree No. 72-355 of 4 May 1972 concerning the Ecole Nationale de la Magistrature and Decree No. 99-1073 of 21 December 1999 laying down applicable statutory provisions Certain staff of the Ecole Nationale de la Magistrature take effect from 1 January 2002, subject to those of the penultimate subparagraph.
    Decree No. 2004-970 of 8 September 2004 amending Decree No. 48-1108 of 10 July 1948 concerning Hierarchical classification of the ranks and jobs of the civil and military personnel of the State under the general pension scheme and the decree of 8 September 2004 laying down the indicidal scale applicable to the jobs of management and education Of the Ecole Nationale de la Magistrature takes effect from 1 January 2002.

    Article 56


    Under the conditions laid down in the Article 38 of the Constitution, the Government is authorized to make an order to adopt the legislative part of the general code of the civil service.
    The provisions codified are those in force at the time of publication of the The order, subject only to the modifications made necessary to ensure compliance with the hierarchy of standards and the editorial consistency of the texts thus gathered, to harmonise the rule of law, remedy any errors and To repeal the provisions that have become moot.
    In addition, the Government may, where appropriate, extend the application of the provisions codified in Mayotte, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, and Lands The French Antarctic and the French Antarctic and the Wallis and Futuna Islands, with the necessary adaptations.
    The order must be made within 18 months of the publication of this Law. A bill of ratification shall be tabled in Parliament within three months of its publication.

    Article 57 Read more about this Article ...


    Take effect on 1 November 2006, notwithstanding the provisions to the contrary, the regulations to implement measures for the recovery of the remuneration schedules of civil servants. Categories B and C belonging to the public service of the State, the territorial civil service and the hospital public service provided for in the Protocol on career improvement and on the development of social action in the function On 25 January 2006, the date of which shall be fixed by reference to their date of publication.
    The regulatory provisions adopted pursuant to the same Memorandum of Understanding and which are intended to correct the conditions in Which is taken into account, in the case of an appointment in a higher category body, the seniority of officials who belonged to a category C body in which they were reclassified as of 1 October 2005 for the function Of the State, on the date of 1 November 2005 for the territorial civil service and on the date of 27 February 2006 for the hospital public service, take effect from 1 October 2005, 1 November 2005 and 27 February 2006.

    Item 58 Read more about this Article ...


    After Article 55 of Law No. 84-16 of 11 January 1984, it is inserted an article 55 bis so worded:
    " Art. 55a. -For the years 2007, 2008 and 2009, the administrations of the State may be authorised, on an experimental basis and by way of derogation from the first subparagraph of Article 17 of Title I of the General Statute and 55 of this Law, to rely on an interview Professional to assess the professional value of the officials taken into account in the application of Articles 57 and 58
    The Government submits annually to the Higher Council of the State Civil Service a balance sheet of this Experimentation. It also presents the balance sheet to Parliament before 31 March 2010
    A decree of the Council of State shall determine the procedures for the application of this Article. "

    Article 59


    After Article 65 of Act No. 86-33 of 9 January 1986, it is inserted an article 65-1 read as follows:
    " Art. 65-1. -For the years 2007, 2008 and 2009, the institutions referred to in Article 2 of this Law may be authorised, on an experimental basis and by way of derogation from the first subparagraph of Article 17 of Title I of the General Staff Regulations and 65 of the Shall be based on a professional interview to assess the professional value of the employees taken into account in the application of Articles 67, 68 and 69.
    " The Government submits each year to the Board of Governors of Hospital public service an assessment of this experiment. It also presents the balance sheet to Parliament before 31 March 2010
    A decree of the Council of State shall determine the procedures for the application of this Article. "

    Item 60 Read more about this Article ...


    I. -Section 116 of Act No. 86-33 of 9 January 1986 is thus amended:
    1 ° In the first sentence of the first subparagraph, the words: The amount is fixed by order-in-council after the advice of the board Administration of the national public establishment " Are deleted;
    2 ° The second sentence of the first subparagraph is replaced by four sentences so worded:
    " The base of each institution's contribution consists of the mass Salary of staff employed by the institution as of December 31 of the previous year. The rate of contribution is fixed each year by decree of ministers responsible for health and social affairs within the limit of 0.15 %. In order to determine the amount of the contribution, each institution shall send to the administration a statement of the salary costs incurred by the remuneration of his staff. The contribution is recovered by the national public institution. " ;
    3 ° The second paragraph reads as follows:
    " The resources of the national public institution responsible for the management of hospital public service executives and hospital practitioners also include: Grants, advances, competition funds and state staffing, as well as an endowment of compulsory health insurance schemes, the amount of which is fixed each year by order of ministers responsible for health and social security, paid and Distributed under the conditions laid down in Articles L. 162-22-15 and L. 174-2 of the Social Security Code. " ;
    4 ° Added two paragraphs written:
    " The national public institution responsible for the management of hospital public service management personnel and hospital practitioners carries out its duties on behalf of the minister responsible for the management of the hospital. The health or director of the connecting institution of the personnel it manages.
    " The Director General of the national public institution shall be recruited on a job with a functional status under conditions laid down by decree in State Council. "
    II. -Article L. 6141-7-2 of the Public Health Code is thus amended:
    1 ° In the first subparagraph, the words: , placed with the Minister responsible for health, shall ensure at his request " Are replaced by the words: " Ensure at the request of the Minister Health Care " ;
    2 ° In the first sentence of the last paragraph, after the words: " Health care facilities " shall be inserted as follows: Under Title IV of the General Staff Regulations and are attached, for their management and Compensation, to the national public institution responsible for the management of hospital public service executives and hospital practitioners and ".
    III. -Until the expiry of a maximum period of three months following the establishment of the national public establishment provided for in Article 116 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, Staff under Article L. 6141-7-2 of the Public Health Code shall be paid by the public health institutions to which they are attached by order of the Minister responsible for health.

    Article 61 More about this Article ...


    Agents governed by the common status provided for in Article L. 621-2 of the Rural Code may, in the case of removal or conversion of employment previously authorised by the Minister responsible for agriculture or where All or part of the activity of a public institution established pursuant to Articles L. 621-1, L. 621-12, L. 622-1 and L. 641-5 of the same code shall be transferred to another legal person under public law, to be recruited by the legal person Public that wishes to do so within the framework of an administrative public service. This authority proposes a fixed-term or undetermined contract of public law according to the nature of the contract they hold.
    This contract may include the other substantive clauses of their former contract, in particular in respect of Relating to remuneration and career development.
    This Article shall apply from 1 January 2007.

    Article 62


    At the beginning of Article L. 351-12 of the Labour Code, the words: Non-State officials of the State " Are replaced by the words: " Officials and non-public servants of the State ", and after the words: Establishments Administrative public ", are inserted the words:" As well as members ".

    Article 63


    Staff members of the Fund Deposits and consignments made available to CNP Assurances SA are, at the end of the period laid down in Article 101 of Act No. 98-546 of 2 July 1998 laying down various economic and financial provisions, maintained in that heading To the end fixed by the first paragraph of Article 143 of Act No. 2001-420 of 15 May 2001 on new economic regulations.
    Reassignment to the Fund for Deposits and Consignations of the Officials concerned shall take place at The
    of the provisions of Article 101 of Act No. 98-546 of 2 July 1998 shall remain in force. Furthermore, those provided for in the Decree for the application of Article 101 shall remain applicable until the term provided for in the first paragraph of this Article.
    This Law shall be enforced as the law of the State


Done at Paris, February 2, 2007.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of State,

Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Economics,

Finance and Industry,

Thierry Breton

Justice Minister,

Pascal Clément

The Minister of Health and Solidarity,

Xavier Bertrand

Le Minister of Agriculture and Fisheries,

Dominique Bussereau

The Minister of the Public Service,

Christian Jacob

Minister of Culture

and Communication,

Renaud Donnedieu de Vabres

The Minister for Overseas Affairs,

François Baroin

The Minister Delegate to the

Budget and to State Reform,

Government Spokesperson,

Jean-François Copé

Associate Minister

to Territorial Communities,

Brice Hortefeux

Industry Minister,

François Loos


(1) Preparatory work: Act No. 2007-148.

National Assembly:

Bill No. 3134;

Report by Mr Jacques-Alain Bénisti, on behalf of the Committee on Laws, No. 3173;

Discussion and adoption on 28 June 2006.

Senate:

Bill, adopted by the National Assembly, No. 440 (2005-2006);

Report by Hugues Portelli, on behalf of the Committee on Laws, No. 113 (2006-2007);

Discussion And adopted on 21 December 2006.

National Assembly:

Bill, as amended by the Senate at first reading, No. 3549;

Report by Mr Jacques-Alain Bénisti, on behalf of the Committee on Laws, No. 3592;

Debate And adopted on January 23, 2007.


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