The French System of Government

Russian Academy of National Economy and Public Administration

 under the President of the Russian Federation 

 

State and Municipal Governing Department 

 

 

 

 

Repot on: 

 

The French System of Government  

 

 

 

 

 

 

 

 

Done: 1st year student Timofey Lukianov

Group: VM14-2

Educator: PhD, Associate Professor

Irina F. Lozhnikova 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Moscow

   2014

Contents

 
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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Introduction

 
Topic - "the Organization of public service in France".  
Public service in France includes state, local, and medical services. In the public service employs about 2 million people, local - 1.4 million and medical - 0.8 million 
Local public service began to emerge in France in the mid-1980's. The law of 13 July 1983 and January 26, 1984 for state and local services was a single sheet classification of staff positions and ranks. Civil service and civil servants in France. - M.: Embassy of France in Moscow: Ministry of foreign Affairs, 1994, S. 21-25 
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 
It is interesting to compare some of the features of public service in France with the peculiarities inherent in the civil service in Russia. 
The study of the bureaucratic system of France, rooted in the days of absolutism, a single, centralized administrative system, allows to draw conclusions about certain continuity of the Russian civil service. 
In Russia and in France there is the same process of centralization of public service, therefore, for the objective characterization and evaluation of the national system of civil service is necessary to study and analyze the principles of public service in France.

 

 

 

 

 

 

 

 

 

Chapter 1. Legal basis for the civil service in France

 
French legislation is fully and clearly regulates the organization of the civil service. Its basic principles are enshrined in the Constitution of 1958, as well as in the Declaration of the rights of man and citizen of 1789 and the Preamble to the 1946 Constitution. Article 34 of the Constitution of 1958 refers to "the establishment of categories of public institutions and the fundamental guarantees granted to civil and military public servants" in the sphere of legislative regulation. The Declaration of the rights of man and citizen proclaims the principle of equal access of citizens to public service (art 6), and the preamble to the Constitution of 1946 - free determination of working conditions and the right to strike. France. The Constitution and legislative acts. - M, - n-24 
A separate place in the mechanism of legal regulation of public service occupy the statutes and regulations governing the legal status of officials. We distinguish between General, specific and special statutes. The General Statute of the public service applies to all officials. Its provisions are contained in four laws: the Law of 13 July 1983 on the rights and duties of officials; the Law of 11 January 1984, containing the provisions of the Statute of the Central public service; the Law of 26 January 1984, containing provisions on local public service; the Law of January 6, 1986, containing the provisions of the Statute on the state health service. 
In addition, there are special statutes governing the specific application of the General Statute for employees belonging to a specific state (housing officials). In them, generally fixed functional responsibilities of employees, conditions and procedure for the adoption of the service, promotion, and assignment of appropriate grades and ranks. Special statutes are adopted by decree of the State Council, after consultation with the Supreme Council of the Central civil service. 
A number of provisions relating to public service, contained in the decisions of the constitutional Council.

 
Chapter 2.The concept and categories of public servants.

 
In French law there is no definition of "public servant". The law of 13 July 1983 determine the circle of persons having the status of official. It is the civil servants of the Central state administration and regional governments departments, municipalities and their institutions, except the officers of the houses of Parliament and judges of General courts. 
In French law officer is a person appointed to a permanent position, included in the state and received the rank in the administrative hierarchy. Civil servant - the concept is broader: it is a person whose main activity is the participation in carrying out the administrative services in favor of the state Agency. Thus, all of the officials, civil servants, but not all civil servants - officials. If the official is by definition related to civil service for the whole professional life by the fact of its inclusion in the state and giving it a rank, other categories of civil servants are seen as people with temporary or, at least, not fully integrated into the system. These categories include: 
1) Pochtoviki, i.e. persons hired to perform a specific limited task (research, development, training, etc.,) in terms of hourly pay in accordance with the rates of public service, but not more than 120 hours per month; 
2) Employees under contract, hired on a 3-year term with the possibility of a single extension on the post, usually either a technical, specialized, or occurred only recently and therefore not yet included in the state. The contract itself may be in the nature of any administrative, legal, assuming the participation of the employee in the departure of any management functions or private; 
3) Assistants are employees hired without a contract, i.e. a unilateral decision of the administration to perform temporary work; in practice, this is a workaround that allows you to bypass the rule of law public administration; the assistant is not entitled to protection under any Statute of the civil service or labor law; 
4) Officials trainees, i.e. employees appointed to a permanent position, but with a probation period of 6 months to 2 years; at the end of the internship they pass the test then can be deposited in the state dismissed, or the status of civil servants as "second varieties", which, although they work in the government, but have no guarantees and privileges stipulated in the Statute of the official. Public service (integrated approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000, S. 212-213 
Thus, the legal doctrine and administrative practice distinction between the "official" and "official". The legal status of official characterizes the connection on a permanent basis in the staff of the public body at the position corresponding to its rank (rank) in the administrative hierarchy. Civil service and civil servants in France. - M.: Embassy of France in Moscow: Ministry of foreign Affairs, 1994, p 85-88 
An important concept is the state (building) - the Union officials that perform roughly the same work (civil administrators, inspectors Treasury, teachers and others). In the Central civil service of France, there are about thousands of States (buildings). Depending on the functions and conditions of admission to the civil service bureaucracy within the state (body) is divided into four categories: A, B, C, D. Each is determined by the level of employment and the nature of the performance functions.

Top - A - unites States officials, master's degree function of the development of concepts and management (attaché, civil administrators, etc.). In category B are mid-ranking officials who have a bachelor's degree or equivalent (administrative secretaries, supervisors, etc). The next two categories cover workers practical level with lower education, while category D is gradually reduced. 
As a rule, all career bureaucrat takes place within the same category. The transition to a higher, rather an exception. Each category corresponds to an indexed classification that defines the minimum and maximum salaries of its member officials. 
Each category covers several grades. The ranks of a major part of the career classification. This title that gives its owner the right to engage in a number corresponding to the rank positions is important for the official guarantee of the stability of its position, its protection from the vagaries of administrative life. Sometimes grades are called classes. Each rank is divided into stages, and the entire career of official passes generally through higher stages and grades. 
The position is a concept separate from rank. This specific working position and the corresponding rate in the budget schedule. The administrative authority shall designate an officer to the position corresponding to its rank. Each rank corresponds to the number of posts. Public service (integrated approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000, S. 214

Chapter 3.The service process

 
The principle of equal access enshrined in the Constitution, implies the prohibition of any discrimination on the basis of gender, beliefs or views of a candidate. However, this principle is not absolute. If the candidate expresses incompatible with the position he claims, opinions, this is grounds for rejection of his candidacy. In General, the Law sets out five conditions for the admission of: the presence of French nationality, the possession of political rights, the rule of law, positive attitude to the law on military service, and physical fitness for the job. Observance of the principle of equal access is controlled by the court, and therefore, in practice, except for candidates who do not meet the requirements of the law and Statute, are eliminated only mentally retarded or clearly immoral person. 
The access to public service is determined by the principle of equality enshrined in article 6 of the Declaration of rights of man and citizen according to which all citizens equally admitted to all posts, public positions and occupations, according to their abilities, without any other differences, except for those due to their virtues and talents". Legally prohibited discrimination in employment on grounds of sex. Preference for admission to the service men and women is done only on the basis of specific services. On the basis of the principle of freedom of opinion and conscience, proclaimed by the Declaration of the rights of man and citizen, are not allowed limitations in access to public service on the motives of a political, philosophical or religious nature. In addition, special statutes, specifying the General Statute, may contain special conditions of employment in a particular staff. Typically, they relate to age, education and length of service. As for age, it is usually fixed maximum age. With respect to employees category A it is usually 35 years, groups B,C and D - 45 years. 
Competitive selection 
The contest is considered the most democratic procedure that ensures compliance with the principle of equal access, as well as the most effective way of selection, because it allows you to select the most able, based on their merits and talents. 
The law defines competition as a way to distribute a limited number of gastrinoma through testing, allowing peer-body - jury - to classify participants according to their deserts for subsequent appointments. The contest is opened by the decision of the relevant Minister and may at its discretion declared either purely "external" (also called "training"), i.e., intended only for candidates, only intending to enter the civil service, either "internal" or "contest official" , i.e. to promote employees who already have a certain experience, or mixed, open, and for those, and other, which in practice often do. The decision about the opening of the contest should be made publicly available, the sufficiency of which defines the Administrative court. 
The jury constitutes the authority empowered to appoint to the open position. It must be impartial and to obey the rules of the competition. Test results of the jury lists are suitable from the point of view of candidates by ranking them in accordance with the obtained estimates. It has the right not to endorse any candidate or to submit an additional list. These powers jury exhausted. His positive recommendation gives only the possibility, but not a right to obtain an appointment. 
The purpose is carried out by the authority or by the person declaring the contest. The competition organiser must take into account the recommendations of the jury: stick presented to the jury list, and installed them ranking candidates, but in principle may refuse assign someone to the position. The person who obtained the appointment, not immediately acquires the status of an official, and gets the job trainee or apprentice. 
The administrative court reviews the legality of competitions and produced as a result of the assignment. Any participant has the right to appeal the results. If the complaint is deemed justified, the results of the contest will be void, and he is again. 
The principle of competition is not universal. The law and the Statute allows, and other procedures - using lists suitability, professional exams, or even in some cases arbitrary choice. There is a list of the top positions, appointment to which is made by the government. This so-called political office - Secretary-General, the prefect, the Ambassador, etc. This list is not exhaustive and may be supplemented by the government with the consent of the court. It gives the government greater freedom in assignments. But a person appointed in a similar way and is not composed until in the civil service, through the designation status of an official does not acquire. 
Decisions about the assignments at this level, of course, take into account the political views of candidates and the holders of these posts are required to maintain the loyalty to the government. While they may be fired without any misconduct on their part, simply a matter of expedience. 
For some of the posts A, mainly in the services control and inspection, special statutes on certain conditions, allow an arbitrary choice of the administration. Special statutes for other categories also do not exclude non-competitive ways, if the substituted position is not so important that it was appropriate to apply complex and expensive competition. 
In addition, there are the so-called reserved positions provided for in the Code of military disability pensions and war victims, and some other acts. For these positions in the form of gratitude, compensation for disability or compensation will only be accepted with disabilities, orphans, war widows, soldiers. Public service in foreign countries. A collection of law review. M., 1996, S. 118-119

The passage of career 
French law distinguishes between active civil service and other state public service. Among the other States the Law of 11 January 1984 attributes: secondments, outstaffing, translation reserve, military service, leave to care for children. 
The second is motivated by the public interest. Seconded official is beyond the state of the body, but continues to use it rights on the promotion and pension. The secondment may be short term (up to 6 months) and long term (up to 5 years) with the possibility of extension. 
Outstaffing is that the officer loses the right to promotion and retirement. He obeys the rules of the new service. 
The official may be transferred to the reserve due to prolonged illness or extended vacation. At the end of the term in the reserve officer may be dismissed with the consent of the joint administrative Committee, if it is pre-thrice refused the suggested positions. 
Upon completion of military service officer loses the right to receive salary at the institution from which he was called. When passing a military training he receives paid leave. 
Leave to care for children is granted to the mother or father of the child for a period of two years. 
The law establishes a five-year moratorium on the transfer of civil servants in private enterprises 
Promotion of officer in the service is based on the evaluation of his professional qualities. The assessment is conducted his immediate superior on a 20 point scale. The head of Department shall annually inform the official in his assessment. Last signed account card and are entitled to make their comments. Put the assessment may be appealed by the official in the administrative court within two months. 
There are two types of improvement: stage and grade. The increase in speed is within rank and more to do with seniority than with the merits of the employee: good grades can accelerate to a higher step, but bad not able to prevent, if an official has reached the maximum experience in this class. In the latter case the increase is the right official and happens automatically. 
With regard to increase in rank, then the required experience is only a prerequisite, allowing you to claim it. Next, decide the merits of the applicant is assessed in one of three ways: making the list of persons presented to be higher professional examination before inclusion in these lists and regular competitive professional selection. Agencies that assign a higher rank must strictly adhere not only lists, but the order of the candidates in them. The number of vacancies is limited, since the structure of the state - the percentage of speakers of each rank is a constant value. System professional allows individual officials to "jump over" grade. There are some safeguards against arbitrariness - the possibility of appeal in the joint administrative Committee, the Supreme Council of the Central civil service or administrative court. Public service in foreign countries. A collection of law review. M., 1996, 118 C.

Termination of service 
The final termination of utility functions, which entails the loss of official status, occurs in the following cases: retirement, agreed resignation, dismissal, resignation. 
For the so-called movable officials retirement age is 60 for members 65 years. This milestone for the administration required. Mitigation measures mainly aimed not at the extension service, and the earlier gradual exit. 
In addition, any officer may, at the experience of 15 years to ask his retirement, which will be paid to him upon reaching retirement age. Sources of pension deductions from the salary of the officer (7%) and contributions from the state. The amount of the pension depends on the last salary and annual bonuses. It is limited to 75 % from the last or maximum total salary. 
The official may be removed from the work as the Supreme disciplinary sanctions and according to the relevant procedure. This "punishment" automatically entail loss of the right to a pension. In addition, he may be dismissed with the consent of the parity Commission on proven incompetence, as well as the Law on exemption of frames. In this case, he is entitled to benefits. 
The loss of French nationality, deprivation of civil rights, the prohibition of judicial authority to take a position on public service, not resume in the position due to a service offence punishable by dismissal from the public service. 
Even after the termination of the career official must maintain in relation to state obligations restraint and impartiality. This is reflected in the prohibition to engage in certain types of private activity. Public service (integrated approach): Textbook. the allowance. - 2nd ed. - M.: Delo, 2000, 220 C.

Chapter 4. The legal status of civil servant

 
Rights official

Civil rights 
The official applies the principle of freedom of opinion relating to the Declaration of the rights of man and citizen and enshrined in the Constitution of 1946, which States that "no one may be disadvantaged in their work or position on the basis of their origin, their opinions or beliefs, as well as in the General Statute that defines rights and obligations of employees. This "novelty" was legally introduced to French officials only in 1983 as a prohibition on discrimination on the basis of views and beliefs. The status applies to all stages of career and guaranteed by the ban on any mention of opinion, political, philosophical or religious activities of official documents or records, as well as the principle of the competitive set on the basis of professional qualities and the system closed career. 
1. The rights of the officials of the employee 
The main one is entitled to remuneration, including salary, constantly indexed upward in accordance with the progressive change of the minimum bet interprofessional zarplaty, as well as a number of benefits. These include housing allowance, Supplement to support their families, as well as the so-called supplementary benefit, which document, approved by the French Ministry of Foreign Affairs, says that they are at the same time a great variety and the mystery surrounding them". They all have different ministries, services, and even for specific groups of employees, leading to serious inequalities in the real remuneration paid to employees. Act 1983, the government has tried to limit this practice, finding that the benefits may only be imposed by laws or regulations, but it has been agreed that preservation of all benefits paid to officials at the time of adoption of the Law. It was emphasized that the rule of Law, 1983, shall apply with the condition of preserving previously acquired rights. 
The official has the right to participate in the discussion of the conditions of labour and the improvement of the system of career advancement, to make proposals to change certain norm of the statutes. It is implemented through the creation under the administration of different levels of Advisory bodies - the Supreme councils of the civil service, the joint administrative commissions and technical committees. 
The law of 13 July 1983, prohibits holding any differences between employees because of their political, trade Union, philosophical or religious beliefs or ethnicity, to be registered in the personal file of the employee information about the views and belonging to any organizations. Every officer has the right to access their personal files on the conditions provided for by law. 
Servants to form trade unions, to join trade unions, to represent them. Trade unions employees have the right to appeal in court against regulatory acts prejudicial to their collective interests. They can negotiate with the government on wages, to discuss issues related to the conditions and organization of work. The preamble to the Constitution of 1946 has eliminated the ban on strikes of civil servants. This provision of the Constitution is reproduced in the Law of 13 July 1983 Judicial authorities, police, employees of the national security and some others are deprived of the right to strike due to the nature of their work. 
Through its representatives, employees are entitled to participate in the work of the Advisory bodies for the organization of public services, in the preparation of statutory rules and decisions relating to their promotion. Civil service and civil servants in France. - M.: Embassy of France in Moscow: Ministry of foreign Affairs, 1994, S. 56-59 
Every employee has a right to compensation, which includes salary, payment for the maintenance of the home, family Supplement to the salary and other payments established legislative and regulatory acts. The amount of the salary depends on titles and positions. Employees also apply special modes of social insurance and pension provision. 
Entitlement assumes 5 categories: annual, sick, on the birth of a child and care for him, to vocational training, trade Union training.

2. Specific rights official 
First of all, the official shall not be liable for damage caused by his or her mistake, even by a court. In this case, the state assumes the costs. 
The state is obliged to protect the official from threats, violence, harassment, slander or damage, the victim of which he is in touch with their work, and to reimburse them for moral and material damage. 
Provided rights of defence and appeal. They both provided a carefully regulated procedure, involving, in particular, the right of an official to complete, confidential and thorough access to his file ,the right to assistance of a defence lawyer and the right of the court to be equal to itself", i.e., the case officer considers the body, including representatives of its service level. Finally, the official has the right to forgiveness", which means, for example, that the reprimand will be removed from his record after three years, if during this period he was not subjected to new sanctions.