Public administration, internship, regulations, judicial control, dismissal, compulsory internship, civil servants, administrative law, Council of State
This document outlines the rules and regulations governing internships in public administration, including duration, compulsory internship, dismissal, and judicial control.
[...] Duration of the internship: 1 year to 18 months Compulsory Internship for the awardees of competitions, agents contractual by direct recruitment The administration cannot withdraw its decision to grant permanent status after the 4-month deadline (theory of acquired rights: Council of State TERNON) but the refusal to grant permanent status can infringe on fundamental freedoms (Council of State CASANOVA). The administration is never required to grant permanent status to an intern (Council of State Commune de Fontenay le comte), it can lawfully inform him that he will not be granted permanent status (Council of State 375356). The intern can be dismissed during or at the end of the internship, however, before the internship, he must be placed in circumstances and conditions that allow him to acquire professional experience and to prove himself. 6. [...]
[...] The concept of public contractual agent: public service and contract 1. Context: Council of State applies the organic criterion negatively by rejecting the possibility for private individuals to resort to civil servants except derogations from L. 2. The qualification of civil servant: 3. Judicial foundations : CE, sect Vingtain & Affortit The Council of State retains the public service criterion by recognizing a administrative character to the contracts concluded with agents when they make them « participate directly in the execution of the service ». [...]
[...] CJEU Aróstegui Principle of equality in remuneration CE Syndicat de la magistrature The Syndicat de la magistrature cannot rely on the general terms of its statutes to be recognized as having an interest in bringing an action that goes beyond what the law provides. QPC syndicat de la défense des fonctionnaires No constitutional principle opposes the presence of civil servants in a public limited company. QPC - 790 DC Constitutional Council validates the TFP law and makes it possible to appoint civil servants to permanent positions for royal functions. 4. [...]
[...] Status of civil servants - They have no acquired right to maintain their status mutability of public service) - Special General Statutes : military personnel can be deprived of the right to strike for example, obligation of loyalty, restriction on freedom of expression - Autonomous General Statutes : in relation to the separation of powers to prevent political power from interfering with their recruitment and the progression of their careers (under the control of the judicial authority). Certain civil servants are subject to an obligation of Discipline, Availability, Neutrality (e.g. military personnel) Special and derogatory statutes (high-ranking officials, research agents, secret agents . Each employment corps is established by a decree. The The civil servant is the owner of their grade, which reflects their level of qualification and confers a vocation to occupy one of the jobs that corresponds to them. 5. [...]
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