Question 1179 — overseas

Summary

Mr. Philippe Gomès draws the attention of the Minister of Action and Public Accounts to the eligibility criteria retained by Decree No. 78-399 of March 20, 1978 relating to the payment of travel expenses for enhanced leave granted to magistrates and civil civil servants of the State from the overseas departments (DOM). He recalls that this text grants, every three years, special leave of 65 consecutive days to agents of the State originating from the French Overseas Territories or Saint-Pierre-et-Miquelon justifying the center of moral and material interests (CIMM) in these territories. He adds that this leave gives rise to payment of the transport costs of the civil servant and his children, as well as the payment of a cost of living allowance. He welcomes the fact that these provisions constitute a major element of the policy of territorial continuity between the Overseas Territories and France, and represent a real social achievement for overseas civil servants whose transfer to mainland France often generates profound social and family uprooting. It notes, however, that the statutory provisions of the 1978 decree have never been extended to agents originating from overseas territories (TOM) assigned to mainland France and, as such, New Caledonian civil servants do not benefit from the same rights than their counterparts in the French Overseas Territories. He nevertheless notes that significant progress has made it possible to improve the discrimination suffered by agents from the overseas territories, and invokes the programming law of February 28, 2017 relating to real equality overseas, which notably establishes the CIMM as a legal priority of assignment for all State civil servants originating from New Caledonia. He regrets that the significant progress recently made by the legislator have not been concomitantly followed by a reflection on the possibility of extending the allocation of enhanced leave to Caledonian state agents. It underlines that the aforementioned provision constitutes an obstacle to the principle of equality between overseas territories, and demonstrates the disparities in treatment operated by the State between overseas departments and other overseas communities. He would therefore like to know if the Government intends to correct this inequality by revising the decree of March 20, 1978, in order to broaden its scope of application to state civil servants with proof of their CIMM in New Caledonia.

Machine translation from French. The official text remains authoritative.

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• Philippe Gomès · auteur

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