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The French system of administration was largely introduced to Russia something like an unattainable ideal of an ordered state of the organization. And in many respects the organization of the civil service in Russia and France were similar (external features), especially in some historical periods. Public service (integrated approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000, S. 207
Introduction...................................................................................................2
Chapter 1.Legal basis for the civil service in France……………................3
Chapter 2.The concept and categories of civil servants................................3
Chapter 3.The service process: competitive selection, enlistment, the passage of careers and termination of service..................................................................5
Chapter 4.The legal status of civil servant......................................................9
Chapter 5.Management of public service........................................................12
Conclusion.......................................................................................................13
List of used sources and literature...................................................................14
Duties of the official
Duties are of a standard
nature: the obligation to devote themselves to the service and only
her; prohibits, with some exceptions, on a parallel private professional
activity with limitation of return last; duty detachment from private
interests; the duties of loyalty, respect for dignity.
The duty of hierarchical
subordination is balanced by the principle of good governance, autonomy
officer and the right to participation in the discussion. If the order
simultaneously and illegal, and can cause serious damage to the interests
of the state, the official is obliged not to exercise. But if the order
is simply illegal, he should be executed.
Another group of official
duties associated with information. In addition to observance of professional
secrecy on public servant entrusted with professional restraint, forbidding
him to inform a third person information obtained by it in the performance
of official duties. The latter should only be used in the service interests.
There is also a duty to
provide access to interested individuals and organizations to open documents,
and to explain the motives of decisions. This duty was established by
the Laws of 1978 and 1979, specially dedicated to the development of
relations between the administration and citizens and the motivation
of administrative acts.
The
responsibility of civil servants
Improper performance of
official duties shall entail disciplinary, and in cases stipulated by
the legislation, criminal liability.
Disciplinary penalties
imposed on employees, divided into four groups: a warning and reprimand;
reduction in speed, suspension from office for up to 15 days; the disbarment,
suspension from office for a period of from six months to two years;
the dismissal.
An employee disciplined
has the right to have their own business, as well as help defenders
of their choice. Any disciplinary action, except warning and reprimand,
imposed on the official only after consultation with the disciplinary
Council. The conclusion of the Council, as the decision on imposition
of penalty shall be justified.
The decision on the sanction
may be appealed to the disciplinary Board. Board members must have a
rank not lower than the official, who filed a complaint. Suspended from
his duties the employee retains the right to salary and all bonuses
provided by law. His case shall be considered within four months. If
within this period no decision is taken, it is restored to office. For
some crimes, for specific public services, such as bribery, corruption,
fraud or abuse of power, official criminal responsibility. Public service
(integrated approach): Textbook. the allowance. - 2nd ed. - M.: Delo,
2000, 220-224
Chapter 5.Management of public service
Responsible for the conduct
of policy in the area of civil service shall be the Prime Minister.
According to article 13 of the law of 11 January 1984, the Prime Minister
oversees implementation of the provisions of the Statute on civil servants.
Coordination and development of key policies in the field of public
service handled by the General Directorate of administration and civil
service. The management organizes interdepartmental competitions for
positions, fosters regional institutions administration, National school
of administration, manages the interagency States. Together with him
the actual co-management provides management and Budget of the Ministry
of economy and Finance, mandatory checks all acts directly or indirectly
affecting the financial issues of the civil service.
In accordance with article
13 of the Constitution the President has the exclusive right to appoint
to a number of statutory key posts, and for some positions may delegate
his powers to the Prime Minister, who makes the appointments, the item
of their level plus those that it has delegated to the President, approves
the number of appointments made by Ministers, manages the interagency
state civil administrators, and in General is responsible for policy
in the area of the Central civil service.
Protection of corporate
interests of the officials assigned to Advisory bodies - the Supreme
Council of the Central civil service, the joint administrative Committee,
joint technical committees and committees health and safety. These collegial
bodies usually formed of an equal number of representatives of the administration
and delegated trade unions officials. The Supreme Council of the obligatory
gives opinions on any bill relating to General Statute of the civil
service, for any special Statute, on any matter which is put before
him, the Prime Minister or 1/3 of the members of the Board.
France is the founder
of the creation of a system of specialized educational institutions
whose graduates have joined the ranks of civil servants. Among them,
the most prestigious Higher normal school, Polytechnic school, national
administrative school (AISNE), Regional Institute of administration.
Students AISNE specialize in legal and economic management issues. Right
to enter here are three categories of people, each of which is a separate
competition: -persons with higher education and not older than 26 years
old; -civil servants not older than 30 years with experience not less
than 5 years; -elected officials of local authorities and leaders of
trade unions and public associations. After high school, based on the
results of exams and tests, classification is performed graduates, the
results of which they are appointed to a particular post. When this
is signed by a personal commitment to work for the state for 10 years
under the guarantee of refund of the amounts paid to the listener during
training .
Graduates of the AISNE
are almost all high-ranking officials, which contributes to the preservation
of their environment corporate principles. Public service in foreign
countries. A collection of law review. M., 1996, S. 128-129
Conclusion
Organization of public
service in France is a complex bureaucratic system.
Reviewed the fundamentals
of the legislation of the civil service of France. The main acts governing
the public service, are the Laws of 1983, 1984, 1986, special and special
statutes. A special place is occupied by the Constitution of 1958 and
the Declaration of the rights and freedoms of man and citizen of 1789,
Clarified that a public
servant is a concept broader than the official. Contrary officials from
other categories of civil servants that official attached to the service
on the whole professional life.
In the work shown all
the stages of the service, including the competitive selection, the
immediate passage of career and termination of powers.
The characteristic of
the legal provisions of the French officials. Sufficient detail the
rights, duties, civil servants, established criteria of responsibility.
In the final section,
attention is paid to the management of the civil service in France.
It is established that the management is not only higher authorities
(Prime Minister, President), and the joint administrative commissions
created in the same state officials.
After analyzing the system
of civil service in France, we can conclude that the French civil service
is a fully regulated, thoughtful, highly centralised administrative
system. "There is a definite reason for the Russian commitment
to this ideal. Public service (integrated approach): Textbook. the allowance.
- 2nd ed. - M.: Delo, 2000, S. 225
However, on the other
hand the essence of the French civil service is similar to Russian is
a closed and regulated in detail the system administration features
of hierarchy, caste and loyalty to the state. Corporatism is the main
feature of the French civil service.
Against this background,
there has been some change, but in the framework familiar to us from
his own experience of the model in the fight against bureaucracy by
creating new bureaucratic structures". Public service (integrated
approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000,S. 226
List of used sources and literature
Sources:
1. The French Constitution
of 1958;
2.The Declaration of the
rights and freedoms of man and citizen of 1789;
3.The law of 13 July 1983
on the rights and responsibilities of employees;
4.The law of 11 January
1984, containing the provisions of the General Statute of the Central
public civil service;
5.The law of 26 January
1984, containing provisions on local public service;
6.The law of January 6,
1986, containing the provisions of the Statute on the state health service
Literature:
1.Public service in foreign
countries. A collection of law review. M., 1996. - 166 C.
2.Public service (integrated
approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000. - 440
C.
3.Civil service and civil
servants in France. - M.: the French Embassy in Moscow: Ministry of
foreign Affairs, 1994. - 162 [4] C.