Public Service and Public Agents

Extract

[...] This possibility has been admitted by CE janv Portes, Vollot and others. The administrative judge, however, leaves a wide margin of appreciation to the administrations, so he only proceeds to a limited control between the job held by the agent and the grade he is entitled to. Always in order to leave a significant margin of appreciation, the administrative judge estimates that an agent can be placed under the orders of an agent holding a grade lower than his own as long as the service needs justify itCE nov Département de la Savoie). [...]

[...] This list of sanctions is, however, exhaustive and limiting. For contract workers, the sanctions are different and common to the different branches of the public service. For warning, blame, and temporary exclusion from functions up to 3 days, the intervention of the joint consultative committee is not necessary. On the other hand, this is the case for temporary exclusion from function up to 6 months in CDD or 12 months in CDI and dismissal. C - The classification of functions The interest of the classification is to determine the scope of application of the intervention of the council or the disciplinary commission. [...]

[...] This disciplinary regime also applies to other public agents. This absence of a precise definition of disciplinary fault is explained by the fact that it will be identified by the holder of disciplinary power. However, in order to enable him to apprehend as widely as possible the shortcomings committed by the agent, there is no precise definition of disciplinary fault in public law. To this end, he refers to the entire set of deontological obligations that are incumbent on agents and to the control of the administrative judge. [...]

[...] Germany regarding the breach of articles 10 and 11 ECHR by the dismissal of a teacher who was a member of the DKP in East Germany. The ECHR Court clarifies in this judgment that the duty of loyalty to the state applies to civil servants. Public officials must be loyal to the structure and hierarchy. This means they are forbidden from publicly discrediting the employment structure. There is also a ban on discrediting higher-ranking superiors. The latter obligation is praetorian, i.e. it is affirmed by case law. These obligations are also sometimes affirmed by special texts (e.g. [...]

[...] The informed administration, aware of a risk to the security or health of a public agent, must without delay take all the measures that are required. It must implement protection measures that will produce effects throughout the duration of the risk. In CE, 1st Feb the supplement must be repatriated by the administration and benefit from a residence permit. In the exercise of its duty of information, the administration maintains alert collections in order to prevent an aggravation of the situations. It can be any prevention measure. 2. The protection. [...]