Decree No. 2004-118 February 6, 2004 Relating To Recruitment Without Competition For Certain F

Original Language Title: Décret n° 2004-118 du 6 février 2004 relatif au recrutement sans concours dans certains corps de f

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Summary

New Art Writing. 13 and 8 of Decree 89-241 of 18-04-1989, s. 16 and 29, modification of s. 32 of Decree 90-839 of 21-09-1990, new drafting of art. 48 and modification of s. 28 and 55 of Decree 91-45 of 14-01-1991, repeal of Decree 99-817 of 16-09-1999.

Keywords

SANTE , PUBLIC SERVICE HOSPITALERE , RESORPTION , PRECARIATE EMPLOYMENT , CATEGORY C , RECRUITING , RECRUITMENT WITHOUT COMPETITION , CANDIDATE , CANDIDACY , HOSPITAL SERVICES OFFICER , ADMINISTRATIVE OFFICER , STANDARDIZED , AUTOMOBILE DRIVER , MAINTENANCE AGENT , ORGANIZATION , RECRUITMENT NOTICE


JORF No. 33 of 8 February 2004 Page 2702
Text #11


DECRET
Decree n ° 2004-118 of 6 February 2004 concerning recruitment without competition in certain bodies of category C officials of the hospital public service

NOR: SANH0325144D ELI: http://www.legifrance.gouv.fr/eli/decret/2004/2/6/SANH0325144D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2004/2/6/2004-118/jo/texte


The Prime Minister,
On the report of the Minister of Health, Family and People with Disabilities,
In the light of Law No. 83-634 of 13 July 1983, amended Obligations of civil servants;
Given the amended Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, and in particular Article 32 thereof;
Having regard to Act No. 2001-2 of 3 January 2001 on the The reduction of precarious employment and the modernisation of recruitment in the civil service as well as working time in the territorial civil service;
In view of Decree No. 56-585 of 12 June 1956 laying down the general system of compensation for the Agents of the State or non-public servants providing as ancillary occupation either an educational task or the functioning of examination or examination boards;
In light of Decree No. 88-1081 of 30 November 1988, as amended General statutory provisions applicable to hospital officials in categories C and D;
In light of the amended Decree No. 89-241 of 18 April 1989 on the special status of health care providers, qualified hospital service agents and Hospital officials in the hospital public service;
Given the amended Order No. 90-839 dated September 21, 1990, amending the specific statutes of the administrative staff of the hospital public service;
Given the Order in Council No. 91-45 dated January 14, 1991, amending the specific statutes of workers, drivers, ambulance drivers, and maintenance and safety personnel of the hospital public service;
Given the Order in Council No. 2001-1341 of 28 December 2001 on the reduction of precarious employment in the hospital public service;
In view of the opinion of the Higher Council of the Hospital Civil Service of 7 October 2003;
The Council of State (section Social) heard,
overwrite:

  • TITLE I: PROVISIONS RELATING TO THE PREPARATION OF PRECAIRO Article 1


    I. -Recruitments without Competitions are organised in the institutions mentioned in Article 2 of the aforementioned Law of 9 January 1986 for candidates fulfilling the conditions laid down in Article 12 of the aforementioned Law of 3 January 2001. The condition relating to the duration of effective public services is assessed by the deadline for applications.
    Such recruitment, within the framework laid down in Article 17 of that Act, concerning the following bodies of officials :
    a) Trained hospital services agents;
    b) Administrative agents;
    c) Standardization;
    d) Drivers;
    e) Service agents.
    II. -Candidates for recruitment referred to in the above I may apply only for open recruitment with a view to access to the receiving bodies of the establishment of which they belong, or whose members are at the expiry date of their Last contract. They may not present themselves in the same year as a single recruitment pursuant to this Title.

    Article 2


    Recruitments are organized by body.

    Article 3


    Recruitments organized under this title are subject to Pre-advertising which is carried out by a notice posted in the premises of the institution and published in the collection of administrative acts of the prefecture in the department where the institution is located.
    The recruitment notice specifies the number Of positions to be filled and the application deadline. It is displayed at least two months before this date.

    Item 4


    The Candidator File includes a letter of application and one Detailed curriculum vitae.

    Article 5


    The Appointing Authority shall establish, on the basis of the A list in order of the candidates' suitability for appointment, which may include a number of names higher than the number of positions to be filled. The list shall be drawn up after consultation of the competent Joint Administrative Committee.
    Candidates shall be appointed in the order of the list.
    In the event of a renunciation of a candidate, the first remaining candidate shall be placed on the list. If one or more posts not included in the number of posts opened for recruitment become vacant, the administration may appeal to the remaining candidates on the list in the order of the list. The list of suitable candidates remains valid until the opening date of the next recruitment, organized under this Title.

    Article 6


    Officers recruited under this Title shall be immediately established and classified in their new bodies under the conditions laid down in Article 6 of Decree No. 88-1081 of 30 November 1988.

  • TITLE II: RECRUITMENT PROVISIONS WITHOUT COMPETITION Article 7


    Article 13 of the decree of 18 April 1989 read as follows:
    " Art. 13. - Second-category qualified hospital services officers are recruited to fill vacancies for one year after entry on a list in each institution by the Appointing Authority. No conditions of qualifications or diplomas are required. Candidates must not be over fifty-five years of age on 1 January of the year of recruitment, without prejudice to the legal provisions relating to the reduction of age limits for access to public
    . Shall be entrusted to a committee composed of at least three members, at least one of whom shall be outside the establishment in which the posts are to be filled. The members of this committee shall be appointed by the Appointing Authority. In academic hospitals and in regional hospitals, the appointing authority may decide to set up several committees.
    The candidate's file includes a letter of application and one A detailed curriculum vitae, including the training followed and the jobs occupied and specifying the duration. At the end of the examination of each candidate's file, the Commission auditioned the candidates for whom it had applied. This hearing is public. In particular, the committee takes account of professional criteria. At the end of the hearings, the Commission shall, by order of aptitude, adopt the list of candidates declared suitable. This list may include a number of candidates higher than the number of positions to be filled. Candidates are appointed in the order of the list. In the event of a renunciation of a candidate, the first remaining candidate will be called on the list. If one or more posts not initially included in the number of posts opened for recruitment become vacant, the Appointing Authority may appeal to the candidates on the list in the order of the appointing authority. The list of suitable candidates shall remain valid until the date of opening of the following recruitment.
    The officers recruited under the above provisions shall be subject to the provisions applicable to the trainee agents of the Hospital public service and the provisions of Article 14 of this Decree. "

    Article 8


    Article 18 of the above-mentioned Decree of 18 April 1989 reads as follows:
    " Art. 18. - The notices of recruitment provided for in section 13 above shall be subject to prior advertising that meets the following conditions.
    Recruitment notices shall be posted, at least two months before the deadline for applications, in The premises of the establishment and in those of the prefecture and sub-prefectures of the department. These opinions shall specify the number of posts to be filled and the deadline for the submission of applications and mention that only those candidates who have previously been selected by the Commission referred to in Article 13 shall be invited to the meeting referred to in Article 13.
    They are published in the collection of acts of the prefecture in the department where the posts are to be filled. "

    Article 9


    Article 16 of the above-mentioned Decree of 21 September 1990 reads as follows:
    " Art. 16. - Administrative officers shall be recruited to fill vacancies for one year after entry on a list of aptitude in each establishment by the Appointing Authority. No conditions of qualifications or diplomas are required. Candidates must not be over fifty-five years of age on 1 January of the year of recruitment, without prejudice to the legal provisions relating to the reduction of age limits for access to public
    . Shall be entrusted to a committee composed of at least three members, at least one of whom shall be outside the establishment in which the posts are to be filled. The members of this committee shall be appointed by the Appointing Authority. In academic hospitals and in regional hospitals, the appointing authority may decide to set up several committees.
    The candidate's file includes a letter of application and one A detailed curriculum vitae, including the training followed and the jobs occupied and specifying the duration. At the end of the examination of each candidate's file, the Commission auditioned the candidates for whom it had applied. This hearing is public. The committee shall decide, inter alia, by taking into account professional criteria.
    Following the hearings, the committee shall, by order of aptitude, adopt the list of candidates declared suitable. This list may include a number of candidates higher than the number of positions to be filled. Candidates are appointed in the order of the list. In the event of a renunciation of a candidate, the first remaining candidate will be called on the list. If one or more posts not initially included in the number of posts opened for recruitment become vacant, the Appointing Authority may appeal to the candidates on the list in the order of the appointing authority. The list of suitable candidates shall remain valid until the date of opening of the following recruitment.
    The officers recruited under the above provisions shall be subject to the provisions applicable to the trainee agents of the Hospital public service and the provisions of Articles 36 and 37 of this Decree. "

    Article 10


    Article 29 of the above-mentioned Decree of 21 September 1990 reads as follows:
    " Art. 29. - Standardists shall be recruited to fill vacancies for one year after entry on a list of qualifications in each establishment by the Appointing Authority. No conditions of qualifications or diplomas are required. Candidates must not be over fifty-five years of age on 1 January of the year of recruitment, without prejudice to the legal provisions relating to the reduction of age limits for access to public
    . Shall be entrusted to a committee composed of at least three members, at least one of whom shall be outside the establishment in which the posts are to be filled. The members of this committee shall be appointed by the Appointing Authority. In academic hospitals and in regional hospitals, the appointing authority may decide to set up several committees.
    The candidate's file includes a letter of application and one A detailed curriculum vitae, including the training followed and the jobs occupied and specifying the duration. At the end of the examination of each candidate's file, the Commission auditioned the candidates for whom it had applied. This hearing is public. In particular, the committee takes account of professional criteria. At the end of the hearings, the Commission shall, by order of aptitude, adopt the list of candidates declared suitable. This list may include a number of candidates higher than the number of positions to be filled. Candidates are appointed in the order of the list. In the event of a renunciation of a candidate, the first remaining candidate will be called on the list. If one or more posts not initially included in the number of posts opened for recruitment become vacant, the Appointing Authority may appeal to the candidates on the list in the order of the appointing authority. The list of suitable candidates shall remain valid until the date of opening of the following recruitment.
    The officers recruited under the above provisions shall be subject to the provisions applicable to the trainee agents of the Hospital public service and the provisions of Article 14 of this Decree. "

    Article 11


    Article 32 of the above-mentioned Decree of 21 September 1990 is supplemented by a III so worded:
    " III. -The notices of recruitment provided for in sections 16 and 29 of this Order shall be advertised in advance under the following conditions.
    Recruitment notices shall be posted, at least two months before the date of filing Applications, in the premises of the establishment and in those of the prefecture and sub-prefectures of the department concerned. Such opinions shall specify the number of posts to be filled and the deadline for the submission of applications and shall mention that only those candidates who have been selected by the Committee on the basis of
    They are published in the collection of acts of the prefecture in the department where the posts are to be filled. "

    Article 12


    Article 48 of the above-mentioned Decree of 14 January 1991 reads as follows:
    " Art. 48. - Specialist maintenance officers shall be recruited to fill vacancies for one year after entry on a list of aptitude in each establishment by the Appointing Authority. No conditions of qualifications or diplomas are required. Candidates must not be over fifty-five years of age on 1 January of the year of recruitment, without prejudice to the legal provisions relating to the reduction of age limits for access to public
    . Shall be entrusted to a committee composed of at least three members, at least one of whom shall be outside the establishment in which the posts are to be filled. The members of this committee shall be appointed by the Appointing Authority. In university hospitals and in regional hospitals, the appointing authority may decide to set up several committees. The applicant's file includes a letter of application and a detailed curriculum vitae, including the training followed and the jobs occupied and specifying the duration. At the end of the examination of each candidate's file, the Commission auditioned the candidates for whom it had applied. This hearing is public. In particular, the committee takes account of professional criteria. At the end of the hearings, the Commission shall, by order of aptitude, adopt the list of candidates declared suitable. This list may include a number of candidates higher than the number of positions to be filled. Candidates are appointed in the order of the list. In the event of a renunciation of a candidate, the first remaining candidate will be called on the list. If one or more posts not initially included in the number of posts opened for recruitment become vacant, the Appointing Authority may appeal to the candidates on the list in the order of the appointing authority. The list of candidates declared suitable remains valid until the date of opening of the following recruitment.
    The officers recruited under the above provisions shall be subject to the provisions applicable to the trainees of the function And the provisions of Articles 52 and 53 of this Decree. "

    Article 13


    Article 55 of the above-mentioned Decree of 14 January 1991 is supplemented by a paragraph worded as follows:
    " Opinions of The recruitment provided for in section 48 of this Order shall be subject to a prior advertisement that meets the following conditions.
    They shall be posted, at least two months before the deadline for applications, at the premises of the institution And in those of the prefecture and subprefectures of the department concerned. These opinions shall specify the number of posts to be filled and the deadline for the submission of applications and shall mention that only those candidates who have previously been selected by the selection committee shall be invited to the meeting provided for in Article
    . Are published in the collection of acts of the prefecture in the department where the posts are to be filled.

  • TITLE III: COMMON PROVISIONS Article 14


    The members of the committees established in Articles 7, 9, 10, 12 are paid under the same conditions as those provided for in the aforementioned decree of 12 June 1956.

    Article 15


    For each Of the bodies concerned, the Appointing Authority shall determine each year the number of posts which may be filled in accordance with Titles I and II of this Decree.

    Article 16


    It is reported annually to the Technical Committee for the Establishment of Recruitments under this Order

  • TITLE IV: MISCELLANEOUS PROVISIONS Article 17


    Article 28 of the Decree of 14 January 1991 is thus amended: after " 2 ° ", Add the words: " Until 5 January 2006 ".

    Article 18


    Decree No. 99-817 of 16 September 1999 on the Recruiting in various bodies of hospital officials is repealed.

    Article 19


    The Minister of Economy, Finance and The industry, the Minister of Health, the Family and the Disabled, the Minister of Public Service, State Reform and Spatial Planning and the Minister Delegate to the Budget and Budget Reform are responsible, Each in respect of the execution of this Decree, which shall be published in the Official Journal of the French Republic


Done at Paris, February 6, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Health, of

family and people with disabilities,

Jean-François Mattei

Finance Minister,

Finance and Industry,

Francis Mer

The Minister of Public Service,



and Spatial Planning,

Jean-Paul Delevoye

Delegate Minister for Budget

and Budget Reform,

Alain Lambert


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