LAW OF 19 FEBRUARY 2007 RELATING TO THE TERRITORIAL PUBLIC SERVICE
v. LAW OF 2 FEBRUARY 2007 ON THE MODERNIZATION OF THE PUBLIC SERVICE
* OJ n ° 44 of February 21, 2007 page 3041
text n ° 1
LAWS
LAW n ° 2007-209 of February 19, 2007 relating to the territorial public service (1)
NOR: INTX0500294L
The National Assembly and the Senate have adopted,
The President of the Republic promulgates the law whose content follows:
Chapter I
Provisions relating to the professional training
of local officials
Article 1
Article 1 of Law No. 84-594 of July 12, 1984 relating to the training of agents of the territorial public service is worded as follows:
“Art. 1st. – Lifelong vocational training within the territorial public service includes:
“1 ° Integration and professionalization training, defined by the specific statutes, which includes:
” a) Actions promoting integration into the territorial civil service, provided to agents of all categories;
“B) Professionalization actions, provided throughout the career and on the occasion of assignment to a position of responsibility;
“2 ° Further training, given during the career at the request of the employer or the agent;
“3 ° Preparation training for competitions and professional examinations in the public service;
“4 ° Personal training followed at the initiative of the agent;
“5 ° Actions to combat illiteracy and to learn the French language.
“A Council of State decree specifies the types of training that may be preceded, at the agent’s request, by a skills assessment as well as the terms and conditions thereof.
“Any local civil servant holding a permanent job receives an individual training booklet. This booklet traces the training and skills assessments from which the agent benefits, under the conditions set by decree. ”
Article 2
Article 2 of the aforementioned law n ° 84-594 of 12 July 1984 is worded as follows:
“Art. 2. – Territorial officials are required to follow the training actions mentioned in 1 ° of article 1.
“Without prejudice to the application of the provisions relating to the individual right to training provided for in article 2-1, local officials benefit from the other training actions mentioned in article 1, under the conditions provided for by this law and subject to service requirements. The territorial authority can only oppose two successive refusals to an official requesting to benefit from these training actions after consulting the joint administrative commission. ”
Article 3
After article 2 of the aforementioned law n ° 84-594 of 12 July 1984, two articles 2-1 and 2-2 are inserted as follows:
“Art. 2-1. – I. – Any local civil servant holding a permanent job has an individual right to professional training for a period of twenty hours per year. For part-time agents and agents appointed to non-full-time jobs, this duration is calculated pro rata temporis.
“The rights acquired annually can be cumulated over a period of six years. At the end of this period and if it is not used in whole or in part, the individual right to vocational training remains capped at 120 hours.
“II. – The individual right to vocational training is implemented at the initiative of the agent in agreement with the territorial authority. In order for the agent to be able to exercise this right, the training actions he intends to follow must be included in the training plan provided for in article 7 and fall under 2 ° or 3 ° of article 1. Only actions carried out at the agent’s request are charged against the hours credit mentioned in I of this article.
“When, for two successive years, the agent and the territorial authority disagree on the training action requested by the official, the latter benefits from priority access to equivalent training actions organized by the National Center for Territorial Public Service.
“III. – The territorial authority determines, after consulting the joint technical committee, if and under what conditions the individual right to vocational training can be exercised in whole or in part during working time. When training is provided outside working hours, the local authority pays the employee a training allowance.
“IV. – Training costs are the responsibility of the
“A decree in the Council of State fixes the modalities of application of this article.
“Art. 2-2. – Professional training and skills assessments from which the agent benefits throughout his career in application of article 1 may be taken into account in order to reduce the duration of the compulsory training provided for in 1 ° of the same article or, in the conditions defined by the particular statutes, for access to a grade, body or framework of employment by way of internal promotion. ”
Article 4
Article 3 of Law No. 84-594 of 12 July 1984 mentioned above is amended as follows:
1. The second paragraph reads:
“Under conditions set by the special status of job managers, officials obliged to training provided for in 1 ° of Article 1 are, at their request, exempted from part of this training when they have previously followed or are following training sanctioned by a title or diploma recognized by the State or at the rate of recognition of their professional experience. “;
2 ° The third paragraph is deleted;
3 ° The first sentence of the fourth paragraph is worded as follows:
“The civil servant following or having followed the training provided for by a special statute and before taking up his post may be subject to the obligation to serve in the territorial civil service. ”
Article 5
The first paragraph of article 5 of the aforementioned law n ° 84-594 of 12 July 1984 reads as follows:
“The civil servant who benefits from a training action provided for in 4 ° of article 1 or is engaged in a procedure for validating acquired experience may benefit, in this regard, from a leave or partial discharge from service. ”
Article 6
After 6 ° of article 57 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service, a 6 ° bis and a 6 ° ter are inserted as follows:
“6 ° bis Au leave for validation of acquired experience;
“6 ° ter On leave for skills assessment; “.
Article 7
Article 7 of the aforementioned law n ° 84-594 of 12 July 1984 is thus amended:
1 ° In the first paragraph, the words: “which provides for training action projects corresponding to the medium-term objectives for training agents ”are replaced by the words:“ annual or multiannual, which determines the program of training actions provided for in application of 1 °, 2 ° and 3 ° of Article 1 ”;
2 ° The second paragraph is deleted;
3 ° At the beginning of the third paragraph, the word: “It” is replaced by the words: “The training plan”.
Chapter II
Provisions relating to the institutions
of the territorial public service
Article 8
The first paragraph of article 8 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service is completed by the words: “, representative body of the territorial civil service”.
Article 9
Article 9 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° The first paragraph is completed by the words: “as well as draft ordinances issued under the conditions provided for in article 38 of the Constitution ”;
2 ° The fifth paragraph is completed by a sentence worded as follows:
“For this purpose, the National Center for the Territorial Public Service as well as the local authorities and their public establishments are required to provide it with the documents, statistics and information it requests. as part of the studies and statistics that it conducts. “;
3 ° The last two paragraphs are deleted.
Article 10
After article 10 of the aforementioned law n ° 84-53 of January 26, 1984, an article 10-1 is inserted as follows:
“Art. 10-1. – The members sitting within the Superior Council of the territorial public service as representatives of the territorial collectivities form a college of territorial public employers which is consulted by the Government on any question relating to the wage policy or to the territorial public employment. ”
Article 11
I. – In the title of section 2 of chapter II of the aforementioned law n ° 84-53 of January 26, 1984, the words: “and the management centers” are deleted.
II. – Article 12-1 of the same law reads as follows:
“Art. 12-1. – I. – The National Center for the Territorial Civil Service is responsible for the training missions defined in article 11 of the aforementioned law n ° 84-594 of 12 July 1984.
“It also ensures:
” 1 ° The implementation of procedures for the recognition of professional experience provided for in the fourth paragraph of article 36 of this law and in the second paragraph of article 3 of law n ° 84- 594 of July 12, 1984, cited above;
“2 ° The follow-up of requests, which are referred to it, for validation of acquired experience presented within the framework of the provisions of law n ° 2002-73 of 17 January 2002 on social modernization as well as requests for a skills assessment provided for by article 1 of the aforementioned law n ° 84-594 of 12 July 1984;
“3 ° The management of the observatory of employment, trades and skills of the territorial public service, as well as the national directory of managerial positions listed in Articles 47 and 53;
“4 ° The management of its personnel. He is required to communicate the vacancies and job creations he carries out to the management center mentioned in article 18.
“II. – The National Center for the Territorial Civil Service is responsible for the following missions for category A civil servants mentioned in article 45 and the chief territorial engineers:
“1 ° The organization of competitions and professional examinations provided for in 1 ° of article 39 and 2 ° of article 79. The president of the National Center for the Territorial Public Service fixes the number of open positions, controls the nature of the tests and establishes, at the national level, the list of admitted candidates;
“2 ° Advertising of job creation and vacancies which must be sent to them by the management centers and the management of the national job exchange;
“3 ° The taking charge, under the conditions fixed by articles 97 and 97 bis, of officials temporarily deprived of employment;
“4 ° Reclassification, in accordance with the procedures provided for in Articles 81 to 86, of officials who have become unfit for the performance of their duties;
“5 ° The management of the personnel it takes charge of under article 97.”
Article 12
Article 12-2 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° In 3 °, the words: “royalties for” are replaced by the words: “products of”;
2 ° The 8 ° is worded as follows:
“8 ° The product of the services carried out within the framework of the procedures mentioned in the 3 ° of article 12-1. ”
Article 13
I. – Section 3 of chapter II of the aforementioned law n ° 84-53 of January 26, 1984 becomes section 4 of the same chapter.
II. – After article 12-4 of the same law, a section 3 entitled: “Management centers” is reinstated.
Article 14
Article 14 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° In the third paragraph, the reference: “27” is replaced by the reference: “21”;
2 ° The last six paragraphs are replaced by nine paragraphs thus worded:
“The management centers are organized, at regional or interregional level, for the exercise of their missions. They draw up a charter for this purpose, which designates a center from among them responsible for ensuring their coordination and determines the terms and conditions for carrying out the missions that the management centers decide to manage jointly. These include, except for the overseas regions and subject to the provisions of II of article 12-1:
“- the organization of competitions and professional examinations relating to category A executives;
“- advertising of category A job creations and vacancies;
“- taking charge, under the conditions set by Articles 97 and 97a, of category A officials temporarily deprived of employment;
“- the reclassification, in accordance with the procedures provided for in Articles 81 to 86, of category A officials who have become unfit for the performance of their duties.
“The management centers enter into agreements between themselves which set out the terms and conditions for the joint implementation of their missions and the reimbursement of the corresponding expenses. Special agreements may be concluded between the management centers in areas not covered by the charter.
“The management centers referred to in Articles 17 and 18 and the Seine-et-Marne management center define the conditions for organizing the missions referred to in the fifth to eighth paragraphs of this article.
“The charter is sent to the representative of the State in the region, at the initiative of the coordinating management center, within six months of the publication of Law No. 2007-209 of February 19, 2007 relating to the territorial public service. In the absence of transmission within this period, the management center of the county seat of the region becomes the coordinating center and is responsible for carrying out the missions listed in the fifth to eighth paragraphs.
“In the overseas regions and in Mayotte, the missions of the coordinating center are carried out respectively by the management center of the department and by the management center of Mayotte. ”
Article 15
After the first sentence of the fourth paragraph of article 15 of the aforementioned law n ° 84-53 of January 26, 1984, a sentence worded as follows is inserted:
“The departments and regions may also affiliate to management centers for the only agents falling within the employment frameworks established for the application of article 109 of law n ° 2004-809 of August 13, 2004 relating to local freedoms and responsibilities for the reception of workers and service personnel exercising their missions in colleges or high schools. ”
Article 16
I. – After the first paragraph of article 22 of the aforementioned law n ° 84-53 of January 26, 1984, a paragraph is inserted as follows:
“When the departments or regions have voluntarily joined the management centers, in application of the second sentence of the fourth paragraph of article 15, for workers and service personnel carrying out their missions in middle and upper secondary schools, the contribution is based on the total remuneration paid to these agents only. ”
II. – After article 22 of the same law, an article 22-1 is inserted as follows:
“Art. 22-1. – I. – The charges resulting, for each management center, from the transfer by the aforementioned law n ° 2007-209 of February 19, 2007 of the missions hitherto assumed by the National Center of the Territorial Civil Service and listed in 1 °, 5 ° and 6 ° of II of article 23 are the subject of financial compensation at the expense of the National Center for the Territorial Public Service, for an amount equivalent to the expenses it incurred under the transferred powers.
“II. – Agreements concluded between the National Center for the Territorial Civil Service and, on behalf of the management centers, the coordinating management centers determine the terms of transfers of the missions listed in I as well as the transfers of accompanying personnel. They set the financial compensation that results from these various transfers. These agreements also take into account the charges resulting from previous transfers of powers carried out in application of article 11 of law n ° 94-1134 of December 27, 1994 amending certain provisions relating to the territorial civil service. These agreements are transmitted within two months of their signature to the minister responsible for local authorities.
“In the absence of transmission within a period of one year from the publication of a decree providing for a standard agreement, the terms of the transfer and the amount of financial compensation payable by the National Center for the Territorial Civil Service are determined by decree. ”
Article 17
Article 23 of the aforementioned law n ° 84-53 of January 26, 1984 is worded as follows:
“Art. 23. – I. – The management centers ensure, within their jurisdiction, a general mission of information on territorial public employment, including the employment of disabled people, for all the communities and public establishments mentioned in l ‘article 2, of the territorial agents by falling as well as the candidates for a territorial public employment. They are responsible for establishing, in particular on the basis of the information to which they are sent pursuant to article 23-1, an assessment of the situation of territorial public employment and human resources management in their area and of develop medium-term prospects for the development of this job, skills and recruitment needs.
“II. – The management centers ensure for their civil servants, including those mentioned in article 97, and for all the civil servants of the territorial collectivities and affiliated public establishments, the following missions, subject to the provisions of II of the article 12-1:
“1 ° The organization of the competitions of categories A, B and C provided for in article 44 and of the professional examinations provided for in articles 39 and 79 as well as the establishment of the lists of aptitudes in application of articles 39 and 44;
“2 ° The publication of the lists of aptitudes established in application of articles 39 and 44;
“3 ° Advertising of job creations and vacancies in categories A, B and C;
“4 ° The publication of the progress tables established in application of article 79;
“5 ° Taking charge, under the conditions set out in Articles 97 and 97 bis, of officials temporarily deprived of employment in categories A, B and C;
“6 ° The reclassification, in accordance with the procedures provided for in Articles 81 to 86, of officials who have become unfit for the performance of their duties, from categories A, B and C;
“7 ° Assistance to civil servants looking for a job after a period of availability;
“8 ° The functioning of the disciplinary appeal boards provided for in article 90 bis;
“9 ° The functioning of joint administrative commissions and disciplinary councils in the cases and conditions provided for in article 28;
“10 ° The functioning of joint technical committees in the cases and conditions provided for in article 32;
“11 ° The management of service activity discharges provided for in article 100;
“12 ° For local authorities and public establishments employing less than fifty agents, operations linked to special absence authorizations in the case provided for in 1 ° of article 59.
“III. – The management centers ensure for all the communities and establishments mentioned in article 2 the missions listed in 2 °, 3 °, 5 °, 6 ° and 8 ° of II of this article, as well as the organization of competitions and professional exams for access to category A and B job executives in the administrative, technical, cultural, sports, entertainment and municipal police sectors. ”
Article 18
After article 23 of the aforementioned law n ° 84-53 of January 26, 1984, an article 23-1 is inserted as follows:
“Art. 23-1. – The communities and public establishments mentioned in article 2 are required to communicate to the management center in whose jurisdiction they are located:
“1 ° Job creation and vacancies, under penalty of illegality of appointments;
“2 ° The appointments made in application of articles 3, 38, 39, 44, 51, 64 and 68;
“3 ° The progress tables established in application of article 79 and, for communities and establishments with more than three hundred and fifty full-time staff and trainees, the aptitude lists established in application of the
“4 ° Recruitment and assignment requests and proposals likely to be made in particular in application of the second paragraph of article 25.”
Article 19
Article 24 of the aforementioned law n ° 84-53 of January 26, 1984 read as follows:
“Art. 24. – The management centers can carry out any task in matters of retirement and invalidity of employees on behalf of local authorities and their public establishments.
“The management centers are empowered to collect, process and transmit to pension plans, on behalf of local authorities and their public establishments, data relating to the career and contributions of employees. They provide assistance to pension schemes for the implementation of the right to information for workers on their pension rights. The terms and conditions for the financial support of these interventions by the pension plans are set by decree of the Council of State. Until the publication of this decree, the terms and conditions provided for in agreements concluded between management centers and pension schemes are applicable. ”
Article 20
Article 25 of the aforementioned law n ° 84-53 of January 26, 1984 is worded as follows:
“Art. 25. – The management centers can carry out any administrative task concerning the agents of the communities and establishments, at the request of these communities and establishments.
“They can make agents available to communities and establishments which so request in order to replace agents temporarily unavailable or to carry out temporary assignments. They can also place civil servants at the disposal of communities and establishments with a view to assigning them to permanent missions, full or non-full-time.
“The expenses relating to the accomplishment of these missions are financed under the conditions set out in the seventh paragraph of article 22.
” The management centers can provide advice on the implementation of health and safety rules by the provision of officials responsible for the inspection function of local authorities and public establishments which so request. This mission is the subject of an agreement with the beneficiary community in order to define the terms of its financial support.
“When, within the framework of the provisions of the preceding paragraphs, the needs of the municipalities of less than 3,500 inhabitants and of the public establishments of inter-municipal cooperation composed exclusively of municipalities of this category allow the recruitment of a non-full-time agent and for a period of cumulative period of service at least equal to half of the legal working time, the management centers may recruit for a longer period and make the agent, with his agreement, for the time remaining available, at the disposal of ” one or more private employers with whom he can perform any activity compatible with his public employment with regard to the rules relating to the ethics of public officials. This provision makes the subject to an agreement which provides for reimbursement by the private employer (s) to the management center of the salary and related charges in proportion to the time spent in his or their service. The provision provided for in this paragraph is not possible with a company in which the agent or the mayors of the municipalities concerned have an interest.
“The management centers can ensure the management of social action and social services in favor of agents, whatever category they belong to, communities and establishments that request it. They can subscribe, on behalf of communities and establishments within their jurisdiction which so request, framework contracts allowing agents to benefit from mutualized social action benefits and services in the fields of health and provident insurance.
“Communities and public establishments can accede to these contracts by deliberation, after signing an agreement with the management center in their area.
“By convention, the management centers can ensure the administrative management of the time savings accounts of the communities and public establishments, affiliated and unaffiliated. They can also assign agents to replace staff on leave in this capacity. ”
Article 21
The first sentence of the fifth paragraph of article 26 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by the words: “, as well as equivalent provisions covering the risks applicable to non-tenured staff”.
Article 22
After article 26 of the aforementioned law n ° 84-53 of January 26, 1984, an article 26-1 is inserted as follows:
“Art. 26-1. – The management centers can create preventive medicine services or occupational risk prevention services, which are made available to local authorities and their public establishments which so request. ”
Article 23
I. – Article 27 of the aforementioned law n ° 84-53 of January 26, 1984 becomes article 21.
II. – Article 27 of the same law is thus reinstated:
“Art. 27. – The coordinating management center provided for in article 14 brings together at least once a year one conference associating the management centers and representatives of non-affiliated communities. The purpose of this conference is to ensure coordination of the exercise by them of their missions in terms of territorial public employment and the organization of recruitment competitions.
“The regional or interdepartmental delegations of the National Center for the Territorial Public Service as well as the representative trade unions at the national level and sitting on the Superior Council of the Territorial Public Service participate in this conference for any question relating to the training of territorial agents. ”
Article 24
After article 27 of the aforementioned law n ° 84-53 of January 26, 1984, an article 27-1 is inserted as follows:
“Art. 27-1. – A national conference brings together, at least once a year, all the coordinating management centers. ”
Article 25
The second sentence of the first paragraph of article 28 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by the words: “, as well as the establishment of the lists of aptitudes referred to in article 39”.
Chapter III
Provisions relating to the management
of territorial agents
Article 26
Article 3 of Law No. 84-53 of January 26, 1984 laying down statutory provisions relating to the territorial civil service is supplemented by a paragraph worded as follows:
“When these agents are recruited to take up a new job within the same community or from the same establishment, the territorial authority may, by express decision, and in the interest of the service, maintain them the benefit of the indefinite period provided for in the contract of which they were holders, if the new functions defined in the contract are of the same nature. than those previously exercised. ”
Article 27
Article 136 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by a sentence and three paragraphs worded as follows:
“It also determines the conditions under which non-tenured staff benefiting from a contract of indefinite duration are liable to to see their remuneration evolve within the local authority and the public establishment mentioned in article 2 which employs them and may, for functions of the same nature as those exercised in the local authority or public establishment and in application of subsection 2 of section 1 of chapter V, be made available:
“1 ° For agents employed by a local authority, with a public establishment attached to it, a public inter-municipal cooperation establishment of which it is a member or a public establishment attached to the public inter-municipal cooperation establishment of which it is a member;
“2 ° For agents employed by a public establishment, with the municipality to which it is attached;
“3 ° For agents employed by a public establishment of intermunicipal cooperation, with one of the municipalities which is a member or one of the public establishments which is attached to it. ”
Article 28
After the second paragraph of article 29 of the aforementioned law n ° 84-53 of January 26, 1984, a paragraph is inserted as follows:
“The chairman of the committee may designate the director general of services or his representative or, when the joint administrative commission is placed with a management center, the general manager of the management center or his representative to assist it during the meeting of the joint administrative committee. ”
Article 29
After the first paragraph of article 32 of the aforementioned law n ° 84-53 of January 26, 1984, two paragraphs are inserted as follows:
“It may also be decided, by concordant deliberations of the deliberative organs of a community of municipalities, of an urban community or of an urban community and of the municipalities belonging to this community, to create a joint technical committee competent for all the agents of the said communities when the total staff concerned is at least equal to fifty agents.
“The members of these joint technical committees are appointed under conditions set by decree. ”
Article 30
Article 33 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° In 3 °, after the words: “of the personnel”, are inserted the words: “as well as in the training plan provided for in article 7 of the aforementioned law n ° 84-594 of 12 July 1984 ”;
2 ° The third sentence of the penultimate paragraph reads as follows:
“It includes the assessment of recruitments and advancements, training actions, part-time work requests as well as the conditions under which the community or the establishment respects its obligations in terms of trade union rights. ”
Article 31
Article 36 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° The second paragraph of 1 ° is worded as follows:
“These competitions can be, under the conditions provided for by the particular statutes, organized either on tests, or on qualifications for access to job executives, jobs or corps when the jobs in question require prior experience or training. Competitions based on qualifications include, in addition to the examination of qualifications and diplomas, one or more tests. “;
2 ° In 2 °, after the words: “and public establishments”, are inserted the words: “as well as to soldiers and magistrates”;
3 ° The sixth paragraph is deleted;
4 ° The seventh paragraph is replaced by a 3 ° worded as follows:
“3 ° A third competition, for access to certain job executives, under the conditions fixed by their particular status, open to candidates who can prove that they have exercised, for a fixed period, one or more professional activities or ‘one or more mandates of member of an elected assembly of a local authority or of one or more activities as head of an association. The duration of these activities or mandates can only be taken into account if the persons concerned did not have, when they exercised them, the quality of civil servant, magistrate, soldier or public official. The special statutes determine the nature and duration of the activities required and the proportion of places offered in these competitive examinations in relation to the total number of places offered for access by competitive examination to the job managers concerned. These competitions are organized on the basis of tests. “;
5 ° A paragraph worded as follows is added:
“The subjects, programs and procedures for the competitive examinations mentioned in 1 °, 2 ° and 3 ° are set at the national level by regulation.” These competitions take into account the responsibilities and capacities required as well as the remuneration corresponding to the executives of jobs, jobs or bodies to which they give access. The tests for these competitions may take account of the professional experience of the candidates. ”
Article 32
After the first sentence of the seventh paragraph of Article 38 of Law No. 84-53 of 26 January 1984 aforesaid, it is inserted a sentence:
“When recruiting is operated within a framework of jobs requiring the completion of education under the conditions provided for in Article 45, the duration of the contract corresponds to the duration of this education plus the duration of the internship provided for by the special status of the employment framework in which the interested parties are intended to be established . ”
Article 33
Article 39 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° The 2 ° is worded as follows:
“2 ° Registration on a list of aptitudes established after opinion of the competent joint administrative commission, by appreciating the professional value and the acquired professional experience of the agents. “;2 ° At the beginning of the fifth paragraph, the words: “Subject to the provisions of the second sentence of the first paragraph of article 28,” are inserted.
Article 34
The last sentence of the fourth paragraph of article 44 of the aforementioned law n ° 84-53 of January 26, 1984 is worded as follows:
“The counting of this three-year period is suspended for the duration of parental, maternity and maternity leave. adoption, parental presence and accompaniment of a person at the end of life, as well as the long-term leave provided for in the first paragraph of 4 ° of article 57 and that of the fulfillment of national service obligations . ”
Article 35
After the first paragraph of article 49 of the aforementioned law n ° 84-53 of January 26, 1984, a paragraph is inserted as follows:
“The maximum number of civil servants belonging to one of the executives of employment or body governed by this law, with the exception of the employment framework of municipal police officers, who may be promoted to one of the advancement grades of this employment framework or of this body is determined by application of a rate promotion to the staff of officials fulfilling the conditions for this advancement in grade. This promotion rate is set by the deliberative assembly after consulting the joint technical committee. ”
Article 36
Article 51 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by a paragraph worded as follows:
“When the transfer takes place within three years of the official’s tenure, the local authority or the host public establishment pays the local authority or the public establishment of origin compensation in respect of, on the one hand, the remuneration received by the agent during the compulsory training period provided for in 1 ° of article 1 of the aforementioned law n ° 84-594 of 12 July 1984 and, on the other hand, where applicable, the cost of any additional training followed by the agent during these three years. In the absence of agreement on the amount of this compensation, the local authority or the public establishment of accueil reimburses all the expenses incurred by the local authority or the public establishment of origin. ”
Article 37
I. – Article 53 of the aforementioned law n ° 84-53 of 26 January 1984 is thus amended:
1 ° The fourth paragraph is worded as follows:
“- of director general of services, of deputy director general of the services of the municipalities of more than 2,000 inhabitants; ”
2 ° In the fifth paragraph, the number:“ 20,000 ”is replaced by the number:“ 10,000 ”;
3 ° In the sixth paragraph, the number: “20,000” is replaced by the number: “10,000”;
4 ° In the seventh paragraph, the number: “80,000” is replaced by the number: “10,000”.
II. – Article 36 of Law No.82-1169 of December 31, 1982 relating to the administrative organization of Paris, Marseille, Lyon and public inter-municipal cooperation establishments is thus amended:
1 ° The second paragraph is worded as follows:
“The director general of services and the deputy directors general of the services of the district town hall are appointed by the mayor of the town, on the proposal of the mayor of the district, in compliance with articles L. 2511-1 to L. 2513 -6 of the general code of local authorities. Their functions are terminated under the same conditions. The first and last paragraphs of article 53 of law n ° 84-53 of January 26, 1984 relating to the statutory provisions relating to the territorial civil service apply to the agents occupying these positions, under conditions and subject to reservations fixed by decree. in the Council of State. “;
2 ° In the fourth paragraph, the words: “secretaries general” are replaced by the words: “directors general of services and deputy directors general of services”.
Article 38
Article 59 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° The 2 °, 4 ° and 5 ° become respectively the 1 °, 2 ° and 3 °;
2 ° In the last paragraph, the references: “of 2 ° and 3 °” are replaced by the reference: “of 1 °”, and the reference: “4 °” is replaced by the reference: “2 °”;
3 ° The first paragraph of 4 ° is completed by the words: “and of the aforementioned law n ° 84-594 of 12 July 1984”;
4 ° The last paragraph is completed by two sentences worded as follows:
“For the application of 1 °, and for the local authorities and public establishments affiliated to a management center which employ less than fifty agents, this decree determines the special authorizations of absence which are the subject of a global quota calculated by management centers. These pay the wage charges of any kind relating to these authorizations to the communities and affiliated establishments, certain agents of which have been appointed by the trade unions to benefit from the said authorizations. ”
Article 39
In article 68 of the aforementioned law n ° 84-53 of January 26, 1984, after the reference: “of title II”, the words: “and of title IV” are inserted.
Article 40
Article 64 of Law No. 99-586 of 12 July 1999 relating to the strengthening and simplification of inter-municipal cooperation is supplemented by a paragraph worded as follows:
“This provision also applies to employees assigned to mixed unions who benefited from the advantages mentioned in the first paragraph in respect of the post they previously held in a municipality or a public inter-municipal cooperation establishment which is a member thereof. ”
Article 41
The last paragraph of III of article L. 5211-41-3 of the general code of local authorities is supplemented by a sentence worded as follows:
“The agents retain, if they have an interest in it, the benefit of the compensation scheme which was theirs. applicable as well as, on an individual basis, the advantages acquired in application of the third paragraph of article 111 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service. ”
Article 42
Article 77 of the aforementioned law n ° 84-53 of 26 January 1984 is thus amended:
1 ° In the second paragraph, after the words: “benefiting from”, the words: “provision or ‘a ” ;
2 ° After the second paragraph, a paragraph worded as follows is inserted:
“For the application of this article, the agent is considered to benefit from a total discharge of service as soon as the discharge of service activity for which he benefits has the effect, where applicable after exhaustion of all or part of his individual rights to absence in application of 1 ° and 2 ° of article 59 or leave in application of 1 ° and 7 ° of article 57, to release him from the balance of service obligations to which he then remains bound. ”
Article 43
In the third paragraph (1 °) of article 79 of the aforementioned law n ° 84-53 of January 26, 1984, after the words: “professional value”, are inserted the words: “and acquired professional experience “.
Article 44
Article 89 of the aforementioned law n ° 84-53 of 26 January 1984 is thus amended:
1 ° In the eleventh paragraph, the words: “six months” are replaced by the words: “two years”;
2 ° In the last sentence of the sixteenth paragraph, the words: “warning or reprimand” are replaced by the words: “those provided for in the first group”.
Article 45
The first paragraph of I of article 97 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by a sentence worded as follows:
“The modification of the number of weekly hours of service relating to a permanent non-part-time job. complete is not assimilated to the elimination of a job with equal service time, when the change does not exceed 10% of the number of service hours relating to the job in question and when it has not not have the effect of losing the benefit of affiliation to the National Pension Fund for employees of local authorities. ”
Article 46
Article 100 of the aforementioned law n ° 84-53 of January 26, 1984 is thus amended:
1 ° After the second paragraph, a paragraph is inserted as follows:
“When a trade union organization can claim the provision of ” one or more officials by virtue of the second paragraph and this secondment is not pronounced, the trade union organization in question receives a sum equal to the cost of the net remuneration of a number of agents corresponding to that of the available not spoken. The corresponding financial charge is taken from the specific allocation mentioned in the second paragraph. This sum may in no case be used to finance staff costs. “;
2 ° The sixth paragraph is worded as follows:
“A decree in the Council of State sets the conditions for the application of this article. ”
Article 47
After article 111 of the aforementioned law n ° 84-53 of January 26, 1984, an article 111-1 is inserted as follows:
“Art. 111-1. – The advantages acquired in application of the third paragraph of article 111 may be maintained on an individual basis when an agent is assigned:
“1 ° From a local authority to a public establishment attached to it, by deliberation of the deliberative body of the public establishment to which the agent is assigned;
“2 ° From a public establishment to its local authority of attachment, by deliberation of the deliberative assembly of the community to which the agent is assigned. ”
Chapter IV
Provisions relating to hygiene, safety
and preventive medicine
Article 48
I. – Chapter XIII of the aforementioned law n ° 84-53 of January 26, 1984 becomes chapter XIV of the same law.
II. – After article 108 of the same law, a chapter XIII is restored as follows:
“Chapter XIII
“Hygiene, safety and preventive medicine
“Art. 108-1. – In the services of the communities and establishments mentioned in article 2, the rules applicable in terms of health and safety are those defined by Title III of Book II of the Labor Code and by the decrees issued for its application. It may however be waived by decree of the Council of State.
“Art. 108-2. – The services of the communities and establishments mentioned in article 2 must have a preventive medicine service, either by creating their own service, or by joining the inter-company or similar occupational health services, to a service common to several communities or to the service created by the management center. The expenses resulting from the application of this paragraph are the responsibility of the communities and establishments concerned. The service is consulted by the territorial authority on measures likely to improve the general hygiene of the premises, the prevention of accidents and occupational diseases and health education.
“The role of the preventive medicine service is to prevent any deterioration in the state of health of staff as a result of their work, in particular by monitoring occupational hygiene conditions, the risk of contagion and the state of health of workers. agents. To this end, agents are subject to medical surveillance and are subject to a medical examination at the time of hiring as well as a periodic medical examination, the frequency of which is fixed by decree of the Council of State.
“Art. 108-3. – The territorial authority designates, in the services of the communities and establishments mentioned in article 32, the agents responsible for ensuring under its responsibility the implementation of health and safety rules.
“The agent responsible for assisting the territorial authority may be made available, for all or part of his time, by a municipality, the public inter-municipal cooperation establishment of which the municipality is a member, or the management center. The agent then exercises his mission under the responsibility of the territorial authority to which he is made available. ”
Chapter V
Miscellaneous provisions
Article 49
The law n ° 84-53 of January 26, 1984 relating to the statutory provisions relating to the territorial civil service is thus modified:
1 ° After the first paragraph of article 7-1, a paragraph is inserted as follows:
“A decree in Council of State determines the conditions of application of the first paragraph. This decree provides for the conditions under which financial compensation may be offered to an agent holding open leave rights as of six months after the promulgation of Law No. 2007-209 of February 19, 2007 relating to the territorial civil service and not used at the end of a period determined by this decree, when the territorial authority considers this method to be in the interest of the service.
2 ° In article 28:
a) In the last sentence of the first paragraph, the word: “second” is replaced by the word: “third”;
b) In the second sentence of the second paragraph, the word: “second” is replaced by the word: “last”;
3 ° In the fourth paragraph of article 80, the words: “as well as the completion of the training for employment provided for in d of 2 ° of article 1 of law n ° 84-594 of 12 July 1984 cited above ”are deleted;
4 ° In Article 97:
a) The second sentence of the first paragraph of I is replaced by two sentences worded as follows:
“The president of the management center in whose jurisdiction the community or establishment is located is made addressee, at the same time as the representatives of the joint technical committee, of the minutes of the meeting of the joint technical committee concerning the deletion of the ’employment. If the civil servant concerned comes under a framework of employment mentioned in article 45 or of the grade of chief engineer of the framework of employment of territorial engineers, this document is communicated to the regional or interdepartmental delegate of the National Center of the function. territorial public. “;
b) The sixth sentence of the same paragraph reads as follows:
“At the end of this period, the civil servant is taken care of by the management center in the jurisdiction of which the community or establishment is located, or by the National Center of the territorial civil service if it comes under a managerial staff. ‘jobs mentioned in article 45 or of the grade of chief engineer of the employment framework of territorial engineers. “;
c) The first paragraph of II is completed by a sentence worded as follows:
“For officials of the same categories in office in Mayotte, these proposals must be located in Mayotte. “;
5 ° After the words: “has been deleted”, the end of the first sentence of the first paragraph of article 97 bis reads as follows: “or who is in the situation provided for in the third paragraph of articles 67 or 72 shall benefit from ” a contribution from the community or establishment which previously employed the person concerned. “;
6 ° In III of article 119, the references: “, L. 417-26 to L. 417-28,” and the words: “and that in article L. 417-27, the words: “municipal union for staff are replaced by the words:” management center “are deleted;
7 ° In the second paragraph of article 136, the words: “L. 417-26 to L. 417-28 and” are deleted.
Article 50
In article 48 of law n ° 88-13 of January 5, 1988, improving decentralization, the word: “third” is replaced by the word: “fourth”.
Article 51
The law n ° 84-594 of July 12, 1984 relating to the training of the agents of the territorial public service is thus modified:
1 ° In article 4:
a) In the first paragraph, the words: “referred to in a, b and d of 2 ° ”are replaced by the words:“ mentioned in 1 °, 2 ° and 3 ° ”;
b) In the second paragraph, the words: “referred to in b of 2 °” are replaced by the words: “mentioned in 2 °”;
2 ° In article 6 bis, the references: “in 1 ° and in b and c of 2 °” are replaced by the references: “2 °, 3 ° and 4 °”;
3 ° In article 11:
a) In the third paragraph, the words: “initials prior to tenure or, where applicable, to appointment in the territorial public service” are replaced by the words: “provided for in a of 1 ° of Article 1” ;
b) In the fourth paragraph, the words: “adaptation to employment” are replaced by the words: “provided for in b of 1 ° of article 1”;
c) After the tenth paragraph, a paragraph worded as follows is inserted:
“It also ensures the transmission to the Superior Council of the territorial public service of an annual qualitative and quantitative assessment of the implementation of the individual right to professional training provided for. in article 2-1. “;
4 ° In article 14:
a) In the first sentence of the first paragraph, the words: “initial training” are replaced by the words: “training provided for in a of 1 ° of article 1”;
b) The last sentence of the first paragraph is deleted;
5 ° In Article 23:
a) In the fifth paragraph, the references: “L. 920-2 and L. 920-3 of Book IX” are replaced by the references: “L. 920-4 and L. 920 -5 “;
b) Item 3 is repealed;
6 ° In article 24, the reference: “to a and d of 2 °” is replaced by the reference: “to 1 °”;
7 ° In Article 25, the references: “in the first paragraph to 2 ° and 3 °” are replaced by the reference: “to 2 °”, and the references: “1 °, 2 ° and 3 °” are replaced by the references: “1 ° and 2 °”.
Article 52
After article 7 of law n ° 84-834 of September 13, 1984 relating to the age limit in the civil service and the public sector, an article 7-1 is inserted as follows:
“Art. 7-1. – By way of derogation from article 1, civil servants or contractors governed by public law exercising, by direct recruitment, the functions listed in the second and third paragraphs of article 47 of law n ° 84-53 of January 26, 1984 relating to statutory provisions relating to the territorial public service who have reached the age limit may request to be kept in activity until the renewal of the deliberative assembly of the local authority or of the deliberative body of the public establishment which employs them if this renewal occurs within eighteen months following the day on which they reached the age limit.
“When this extension of activity is granted, in the interest of the service, by the local authority or the host public establishment, it must, in the case of State officials on secondment, be authorized by their home administration.
“The liquidation of the retirement of staff kept in service in application of this article takes place only from the day of the end of their extension of activity. In this case, the radiation of the executives and the payment of the pension are deferred to the date of termination of service. ”
Article 53
The sixth paragraph of article 3 of the aforementioned law n ° 84-53 of January 26, 1984 is supplemented by the words and a sentence thus worded: “or to fill the post of secretary of town hall whatever the length of time of work. In municipalities with less than 2,000 inhabitants and in groups of municipalities with fewer than 10,000 inhabitants, when the creation or elimination of a job depends on the decision of an authority which is binding on the community in matters of creation, change of scope or elimination of a public service, the local authority can fill this post by a non-tenured agent. “
Article 54
After article 139 bis of the aforementioned law n ° 84-53 of January 26, 1984, an article 139 ter is inserted as follows:
“Art. 139 ter. – Holders of a specific category A job who have not been integrated into the regional civil service streams and who have a bachelor’s degree as well as fifteen years of career in a specific job are automatically, at their request , integrated into one of the branches of the territorial public service. The practical modalities of this integration are fixed by decree. ”
Article 55
In article 68 of law n ° 96-1093 of 16 December 1996 relating to employment in the public service and various statutory measures, the words: “municipal police officers and rural guards” are replaced by the words: “municipal police, rural guards, the medico-social sector whose list is fixed by decree, as well as the framework of jobs outside the category of Mayotte firefighters within the meaning of Law no. 2001-616 of July 11, 2001 relating to Mayotte ”.
Article 56
Articles L. 417-26 and L. 417-27 and Article L. 417-28, with the exception of its second sentence, of the Municipalities Code are repealed. The second sentence of article L. 417-28 is deleted as from the publication of the decree provided for in the second paragraph of article 108-2 of the aforementioned law n ° 84-53 of January 26, 1984.
Article 57
I. – This law is applicable to Mayotte.
II. – After article 112 of the aforementioned law n ° 84-53 of January 26, 1984, an article 112-1 is inserted as follows:
“Art. 112-1. – For the application of this law in Mayotte:
“1 ° The reference to the department or to the region is replaced by the reference to the departmental community;
“2 ° Job managers classified as non-category within the meaning of article 64-1 of Law No. 2001-616 of 11 July 2001 relating to Mayotte are assimilated to job managers classified in category C.”
III . – After article 51 of the aforementioned law n ° 84-594 of 12 July 1984, an article 51-1 is inserted as follows:
“Art. 51-1. – This law is applicable to Mayotte. For this application, the reference to the department or to the region is replaced by the reference to the departmental community. ”
Article 58
Article L. 123-5 of the Social Action and Families Code is supplemented by two paragraphs worded as follows:
“Transfer of the service or part of the service from the social action centers of the municipalities that are members of the establishment public inter-municipal cooperation in charge of the implementation of the powers transferred to the inter-municipal social action center in application of the two preceding paragraphs is carried out under the conditions provided for by I of article L. 5211-4-1 of the general code local authorities.
“The transfer of property belonging to the social action centers of the municipalities which are members of the public establishment of inter-municipal cooperation, and necessary for the implementation of the powers transferred to the inter-municipal social action center, is carried out under the conditions provided for. by articles L. 1321-1 to L. 1321-5 of the general code of local authorities. ”
Article 59
After the first paragraph of article L. 4424-2 of the general code of local authorities, four paragraphs are inserted as follows:
“The local authority of Corsica provides reception, catering, accommodation and general maintenance. and technical, with the exception of supervision and supervision of pupils, in the educational establishments for which it is responsible.
“It ensures the recruitment, management and remuneration of technicians, workers and service personnel carrying out their missions in these establishments. These staff are members of the educational community and contribute directly to the missions of the public service of national education under the conditions set by Articles L. 421-23 and L. 913-1 of the Education Code.
“The second and third paragraphs of this article are applicable from January 1, 2005.
” Articles 104 to 111 of law n ° 2004-809 of August 13, 2004 relating to local freedoms and responsibilities apply to the transfer of powers provided for by the three previous paragraphs. ”
Article 60
II of Article L. 5211-4-1 of the General Code of Local Authorities is supplemented by a paragraph worded as follows:
“Territorial agents assigned to services or parts of services made available in application of this article are full rights made available to the competent territorial authority. ”
Article 61
Article 111 of Law No. 2004-809 of August 13, 2004 relating to local freedoms and responsibilities is supplemented by a paragraph worded as follows:
“The local authorities and their groups may maintain for the benefit of the State officials mentioned in l ” article 109 the advantages which they have individually acquired in compensation matters within the meaning of article 88 of the aforementioned law n ° 84-53 of January 26, 1984, as long as they exercise their functions in their secondment employment framework or integration when these advantages are more favorable than those of the community or group concerned. ”
Article 62
The transfer to the management centers of the missions hitherto assumed by the National Center of the Territorial Public Service and listed in 1 °, 5 ° and 6 ° of II of Article 23 of Law No. 84-53 of January 26 1984 on the statutory provisions relating to the territorial civil service comes into force on the first day of the third month following the transmission to the minister responsible for territorial communities of the last of the agreements provided for in article 22-1 of the same law or, failing that , the publication of the decree taken in his absence. At the latest, this transfer comes into force on the first day of the third year following the publication of this law.
Article 63
Article L. 822-1 of the Education Code is amended as follows:
1 ° In the first sentence of the fourth paragraph, after the words: “property belonging to the State”, the words are inserted: “or to a Public establishment ” ;
2 ° In the second sentence of the fifth paragraph, after the words: “to the State”, the words: “or, where applicable, to the public establishment” are inserted.
Article 64
I. – Article L. 241-12 of the Code of Financial Jurisdictions is supplemented by two paragraphs worded as follows:
“The authorizing officer or manager who was in office during a financial year under review may be assisted or represented by the person of his choice, appointed at his request by the president of the regional audit chamber. If it is a public official, his department head is informed. This person can be appointed for a matter that he has come to know in the course of his duties. It is empowered to have the local authority or the public establishment communicate any document of any kind relating to the management of the financial year under review.
“When the authorizing officer or the manager is no longer in office at the time when the exercise is examined by the regional chamber of accounts, the lawyers’ fees remain the responsibility of the local authority or the public establishment concerned. within the limit of a ceiling fixed by decree. ”
II. – Article L. 241-6 of the same code is supplemented by a paragraph worded as follows:
“The investigation conducted by the regional audit chamber within the framework of the preparation of the provisional and confidential report is carried out with, in particular, the ‘authorizing officer whose management is controlled. ”
Article 65
The second paragraph of I of article 6 of the law n ° 90-568 of July 2, 1990 relating to the organization of the public service of the post office and to France Telecom is supplemented by two sentences thus worded:
“The conditions under which the incumbent or non-incumbent agents of the territorial civil service exercise all or part of their functions within the framework of this partnership are defined by an agreement concluded between La Poste and the local authority or the public establishment of inter-municipal cooperation to which the agent belongs . This agreement specifies in particular the nature of the activities that the agent is called upon to perform. ”
Article 66
After the first paragraph of article L. 1221-1 of the general code of local authorities, a paragraph is inserted as follows:
“The issuance of the authorization to the person who exercises in an individual capacity or who directs or manages the person legal entity exercising the training activity is subject to the condition that this person has not been the subject of a conviction to a criminal sentence or to a correctional sentence of imprisonment without suspension, pronounced for less than ten years and registered in bulletin n ° 2 of the criminal record or, for foreign nationals, in an equivalent document, for reasons incompatible with the training activity in question. ”
Article 67
After the first paragraph of article 21 of the law n ° 90-1067 of November 28, 1990 relating to the territorial civil service and modifying certain articles of the code of the communes, a paragraph is inserted as follows:
“The attribution official accommodation for technicians, workers and service personnel working in a local public educational establishment is the subject of a prior proposal from the establishment’s board of directors specifying the jobs for which the incumbents can benefit from the allocation of accommodation, free of charge or for a fee, the location and characteristics of the premises concerned. ”
Article 68
Technicians, workers and service personnel who were assigned to services or parts of services transferred to a local authority or to a group of local authorities under the conditions provided for in article 104 of law n ° 2004-809 of August 13 2004 relating to local freedoms and responsibilities before being placed in one of the situations provided for in 4 ° of article 34 and articles 40 bis 45, 51 and 54 of law n ° 84-16 of 11 January 1984 on statutory provisions relating to the civil service of the State and which have not been made available to a local authority under the conditions provided for in article 105 of the aforementioned law n ° 2004-809 of 13 August 2004 are, upon their reinstatement,made available as of right to the local authority of the service where they last worked, provided that this reinstatement takes place within twenty-three months from the date of entry into force of the decrees fixing the transfers final of these services or parts of services.
Civil servants made available under the conditions provided for in this article benefit from the right of option provided for in article 109 of the aforementioned law n ° 2004-809 of August 13, 2004.
Article 69
Before the last paragraph of article 33 of the aforementioned law n ° 84-53 of January 26, 1984, a paragraph is inserted as follows:
“From the elements contained in the report on the state of the community, a negotiation is conducted between the territorial authority and trade unions in order to promote professional equality between women and men in terms of recruitment, remuneration, training, promotion and mobility. The territorial authority adopts a multi-year plan for equal access of women and men to senior management positions in the territorial public service, which is submitted to the joint technical committee. ”
Article 70
After article 88 of the aforementioned law n ° 84-53 of January 26, 1984, an article 88-1 is inserted as follows:
“Art. 88-1. – The deliberative assembly of each local authority or the board of directors of a local public establishment determines the type of actions and the amount of expenses that it intends to incur for the performance of the services provided for in article 9 of the law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants, as well as the modalities of their implementation. ”
Article 71
I. – After 4 ° of article L. 2321-2 of the general code of local authorities, a 4 ° bis is inserted as follows:
“4 ° bis Under the conditions provided for in article 88-1 of the law n ° 84-53 of January 26, 1984 relating to statutory provisions relating to the territorial civil service, the expenditure relating to the services mentioned in article 9 of the law n ° 83-634 of July 13, 1983 relating to the rights and obligations of civil servants; “.
II. – After the 5 ° of article L. 3321-1 of the same code, a 5 ° bis is inserted as follows:
“5 ° bis Under the conditions provided for in article 88-1 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service, the expenses relating to the services mentioned in article 9 of the Law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants; “.
III. – After the 5 ° of article L. 4321-1 of the same code, a 5 ° bis is inserted as follows:
“5 ° bis Under the conditions provided for in article 88-1 of law n ° 84-53 of January 26, 1984 on statutory provisions relating to the territorial civil service, the expenses relating to the services mentioned in article 9 of the Law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants; “.
Article 72
In article 41 of ordinance n ° 2005-1527 of December 8, 2005 relating to building permits and town planning authorizations, the date: “July 1, 2007” is replaced by the date: “October 1, 2007”.
This law will be executed as state law.
Done in Paris, February 19, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Regional Planning,
Nicolas Sarkozy
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of national education,
higher education
and research,
Gilles de Robien
The Minister of Transport, Equipment,
Tourism and the Sea,
Dominique Perben
The Minister of Public Service,
Christian Jacob
The Minister of Other -mer,
François Baroin
The Minister for the Budget
and State Reform,
Government Spokesman,
Jean-François Copé
The Minister
for Local Authorities,
Brice Hortefeux
The Minister for Industry,
François Loos
(1) Preparatory work: law n ° 2007-209.
Senate:
Bill n ° 155 (2005-2006);
Report by Ms. Jacqueline Gourault, on behalf of the Law Commission (2005-2006);
Discussion on March 14, 15 and 16, 2006 and adoption on March 16, 2006.
National Assembly:
Bill, adopted by the Senate, n ° 2972;
Report by Mr. Michel Piron, on behalf of the Law Commission, n ° 3342;
Discussion on October 11 and 12, 2006 and adoption on October 12, 2006.
Senate:
Bill, modified by the National Assembly, n ° 21 (2006-2007);
Report by Ms. Jacqueline Gourault, on behalf of the Law Commission (2006-2007);
Discussion and adoption on December 20, 2006.
National Assembly:
Bill, adopted with modification at second reading by the Senate, n ° 3547;
Report by Mr. Michel Piron, on behalf of the Law Commission, n ° 3660;
Discussion and adoption February 7, 2007.
