Decree No. 2003-103 February 4, 2003 On The Reform Of The Military Commission

Original Language Title: Décret n° 2003-103 du 4 février 2003 relatif à la commission de réforme des militaires

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Summary


Application of Art. 69 (a), 83, 92 and 107 of Law 72-662 of 13 July 1972; 21 (2 °) and 22 of Decree 73-1219 of 20 December 1973; 40 of Decree 74-338 of 22 April 1974; 7 (1 °) and 22 (1 °) of Decree 77-789 of 1 July 1977; 10 of Decree 78-817 of 28 July 1978; 13 Decree 98-782 of 1 September 1998; 7 of Decree 2000-511 of 8 June 2000. This Order repeals Decree 78-1096 of 20 November 1978 fixing the composition and duties of the reform commission responsible for giving an opinion on the incapacity to serve members of a career or service under a contract. Until now, this committee has only been the transposition of the National Service Reform Commission, which will be forced to disappear due to the suspension of conscription. Indeed, art. L. 61 of the National Service Code currently serves as the legal basis for the Reform and Fitness Commission. This art. Is part of Book II of the national service code which will be suspended on 1 January 2003. It will therefore no longer be able to serve as a legal and functional basis for the reform and aptitude commissions. The purpose of this Order is also to extend the competence of the reform and fitness commissions to Reservists

Keywords

DEFENSE , ARMEE , MILITARY , CAREER SOLDIER , GENERAL STATUS OF MILITARY PERSONNEL , WILFUL , CONTRACT OFFICER , RESERVIST , MILITARY REFORM COMMISSION , CREATING , ORGANIZATION , MISSION , RUNNING , COMPOSITION

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JORF No. 35 of 11 February 2003 Page 2507
Text #5


DECRET
Decree No. 2003-103 of 4 February 2003 on the Military Reform Commission

NOR: DEFP0301011D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/2/4/DEFP0301011D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/2/4/2003-103/jo/texte


The President of the Republic,
On the report of the Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Spatial Planning and the Minister Delegate to the Budget and Budget Reform,
Given the national service code, in particular Articles L. 121-1 to L. 121-3;
In view of Law No. 72-662 of 13 July 1972 amended on the general status of the military, in particular Articles 69 (a), 83, 92 and 107;
In view of Act No. 99-894 of 22 October 1999 on the organisation of the military reserve and the defence service;
In view of Decree No. 73-1219 Of 20 December 1973, as amended relating to the members of the military, in particular Articles 21 (2) and 22;
In view of the amended Decree No. 74-338 of 22 April 1974 on the statutory positions of military members of the military, in particular Article 40
; Decree No. 77-789 of 1 July 1977 concerning members serving in a foreign capacity, as amended by Decree No. 80-425 of 11 June 1980 and by Decree No. 96-28 of 11 January 1996, in particular Articles 7 (1) and 22 (1 °);
Given Decree No. 78-817 of the 28 July 1978 relating to officers recruited under Article 98-1 of the General Staff Regulations in order to carry out functions of a scientific, technical or pedagogical nature, as amended by Decree No. 96-28 of 11 January 1996, in particular his Article 10;
Having regard to Decree No. 98-782 of 1 September 1998 concerning volunteers in the armed forces, as amended by Decree No. 99-23 of 12 January 1999 and by Decree No. 2000-1253 of 20 December 2000, in particular Article 13;
In view of Decree No. 2000-511 of 8 June 2000 on contract officers, in particular article 7;
In view of the opinion of the Conseil supérieur de la fonction militaire on 28 June 2002;
The Conseil d' Etat (finance section) heard,
Décrète:

Item 1 Read more about this Article ...


I. -The Minister of Defence shall establish, as appropriate, the reform commissions of the military personnel responsible for providing an opinion on the medical inaptitude for the service of members of the military or serving in Under contract:
1 ° In metropolis, with each of the armies and the national gendarmerie;
2 ° In the overseas departments and territories, in New Caledonia and in Mayotte, with the superior command of the forces Armies.
II. -The Minister of Defence may establish one or more military reform commissions:
1 ° Auprès du Command des forces françaises stationed abroad;
2 ° Auprès du Command des troupes en opérations.

Item 2 Read more about this Article ...


The Military Reform Commission is composed of:
1 ° A Chief Medical Officer or a Chief Medical Officer, President;
2 ° A senior physician or a physician;
3 ° An officer or a non-commissioned officer Superior or superior marinier.

Its members are appointed by order of the Minister of Defence.

Article 3 Learn more about this Article ...


I. -The Committee on Military Reform is competent to issue a medical opinion exclusively on the final inability to serve a member of the military, irrespective of its status and its link to the Service, including a service member serving as a foreign service member.
It is seized by the administrative authority on which the member is dependent, either on request or on his or her own.
In addition, the member is responsible for Issue a medical opinion on the suitability of a Frenchman who, subject to the provisions of Book II of the National Service Code, has previously been exempted or reformed and wishes his or her aptitude for service to be re-determined
Then seized by the Minister of Defence who is acting at the request of the person concerned.
It is attached to the application for an opinion a certificate issued by a medical officer of the
. -The Military Reform Commission may require that the member be subject to the expertise of one or more hospital-based military
. -The meetings of the Military Reform Commission are not public. The
or, in the case provided for in the third paragraph of Article I of this Article, the applicant may be accompanied by a Board of its choice, which shall be heard by The commission.
IV. -The opinion of the Military Reform Committee shall be communicated to the Minister of Defence and notified to the person concerned.
V.-The Minister of Defence shall specify the modalities for the operation of the Military Reform Commission and the Procedure before this one.

Item 4 More about this Article ...


The Minister of Defence, by order, makes a decision in accordance with the medical opinion issued by the Military Reform Commission.

Article 5 Read more about this article ...


Decree n ° 78-1096 of 20 November 1978 laying down the composition and duties of the reform commission responsible for giving an opinion on the incapacity for service of the Career or service members under contract is repealed.

Article 6 Learn more about this Article ...


The Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of the Public Service, the Reform of the State and Spatial Planning, and the Minister responsible for the budget and budgetary reform shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, February 4, 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Economy,

Finance and Industry,

Francis Mer

The Minister of the Public Service,

The reform of the

and spatial planning,

Jean-Paul Delevoye

The Minister Delegate to the

Budget and Budget Reform,

Alain Lambert


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