DJEMAOUN LAWYER, law firm in Paris, experienced in civil service law

Civil service law

What is civil service law?

Civil service law is a branch of public law and refers to all the rules applicable to the legal relations between civil servants, contractual civil servants under public law, trainees, temporary employees, collaborators of the public service and the public entities employing them (State, local authorities, public hospitals). These rules relate to recruitment, guarantees, ethics, career development, termination of career and disciplinary sanctions.

Civil service law differs from labor law in that the latter concerns people (public or private) bound by a private law contract. Litigation in labor law falls under the jurisdiction of the Conseil de prud'hommes, while litigation in civil service law falls under the jurisdiction of the administrative courts (administrative tribunal, administrative court of appeal, Council of State).

Unless otherwise stipulated (e.g. the exercise of the right to strike in public services), the labor code is not applicable in the civil service, even if certain general principles on which certain provisions of labor law are based are applicable to public employees (e.g. prohibition on dismissing a pregnant woman: CE, ass., June 8, 1973, Dame Peynet: Lebon p. 406, concl. Mme Grévisse; an agent must receive a remuneration at least equal to the minimum wage: CE, April 23, 1982, Mme Aragnou: Lebon p. 151, concl. M. Daniel Labetoulle).

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Some definitions

Contractual public servant:

“non-statutory personnel working on behalf of a public service of an administrative nature (...) regardless of their employment". (TC, March 25, 1996, Préfet de la région Rhône-Alpes, Préfet du Rhône (Berkani), n° 3000, p.535, concl. M. Bernard Stirn).

Within the industrial and commercial public services (SPIC), the director of the service and the accountant of the SPIC have the status of public agent, if the latter has the status of public accountant (CE, February 27, 1987, Commune de Grand Bourg de Marie Galante, Lebon : Tables, p. 642 ; CE, December 10, 1986, Mlle Rousseau, n°38021 : Lebon, p. 278, concl. Mrs Sylvie Hubac).

"Any non-statutory personnel working for a public interest grouping managing a public administrative service is a contractual agent under public law" (CE, April 1, 2005, Syndicat national des affaires culturelles, n° 245088 : Tables pp. 799-925-931-945, concl. M. Stéphane Verclytte)

Civil servant: civil servants are people "appointed to a permanent full-time position and titled in a grade of the hierarchy of the State administrations, independent administrative authorities or public establishments of the State" (article 2 of law no. 84-16 of January 11, 1984 on statutory provisions relating to the State civil service). This is a permanent public employee, placed in a statutory and regulatory situation and not a contractual one, i.e. occupying a permanent position in the civil service.

Alert Launcher: :

Under Section 6 of Law 2016-1691 of December 9, 2016:

"A whistleblower is a natural person who discloses or reports, in a disinterested manner and in good faith, a crime or misdemeanor, a serious and manifest violation of an international commitment duly ratified or approved by France, of a unilateral act of an international organization taken on the basis of such a commitment, of the law or of the regulations, or a serious threat or prejudice to the general interest, of which he or she has personal knowledge."

Article 10 of the same law added a paragraph 2 to article 6 ter A of the law of July 13, 1983 on the rights and obligations of civil servants, as follows

"No civil servant may be sanctioned or subjected to a discriminatory measure, whether direct or indirect, for having reported an alert in compliance with Articles 6 to 8 of Law No. 2016-1691 of December 9, 2016 on transparency, the fight against corruption and the modernization of economic life."

Various legislative and regulatory texts provide a framework for civil service law, the main ones being :

For tenured public employees (civil servants)::

For contractual public servant:

The legislative and regulatory framework of public service law

The firm's services in public service law

Samy Djemaoun assists and represents individuals in all of the following procedures (ex gratia, hierarchical and jurisdictional appeals)

Recruitment Litigation:

Competition disputes: admission requirements, non-discrimination (sex, religion, political opinions), physical abilities, impartiality of the jury

Litigation during the internship: dismissal during the internship, dismissal at the end of the internship (professional inadequacy, physical unfitness)