Civil Servant, Public Agent, Administrative Law, Public Service, Private Law, General Status, Jurisprudential Foundations
Reader
Abstract
Extract
of 4
Abstract
Understand the concept of a civil servant and their legal status, including rights and obligations under private law and administrative law.
Extract
[...] - CIVIL SERVANT: person or public agent appointed to a public service position subject to rights and obligations in private law (quality that grants rights and duties in relation to links with public service). 2. Jurisprudential foundations: CC, Dec. No. 76-67 DC General Statute of Civil Servants The the principle of equality treatment in the career progression of civil servants does not preclude consulting individual files of candidates as long as they do not mention the political, philosophical, or religious opinions of the interested parties. CC, Dec. QPC n° 2012 - 281, Union of Defense of Public Servants The The personnel of France Telecom remain subject to specific statutes of the public service. [...]
[...] What is the General Status? 1. Historical reminders: - The civil servant was a a restricted status at the base, Napoléon extends the quality to those who exercise functions for the government - Few recognized rights in the general status for civil servants - Flowering of public service = recruitment of civil servants ON THE RIGHT TO STRIKE: 2. Public Sector Organisation 3 bodies of the public sector : 3. Reform and opening of rights Law TFP transformation of the public function) - 6 August 2018 : - Recruitment on contract for senior positions is now possible = break with the principle of career - Strengthening of legal obligations in the areas of equality, transparency and mobility Ordinance of 24 November 2021: institutes the General Code of the Public Function II. [...]
[...] disconnection between the organic and material criteria of the public servant CC, Dec. No - 790 DC, Law TFP The principle of equal access to public employment does not prevent the L from providing that persons holding the quality of civil servant may be appointed to positions that are in principle occupied by civil servants. Except for certain high-ranking positions, the recruitment of contract agents allows for permanent positions to be filled as soon as a procedure guaranteed equal access to public employment CE, ass January 1980, syndicat CFDT of the Post of the Upper Rhine The administrative authority may take all necessary measures to ensure the continuity of public service, including in the event of a strike where she has the possibility of hiring temporary staff for a limited period in the conditions of the law. [...]
