Question 13565 — font

Summary

Ms. Cécile Muschotti questions the Minister of the Interior about the specific seniority advantage (ASA) which was established by article 11 of Law No. 91-715 of July 26, 1991. Decree No. 95-313 of March 21, 1995 specified the conditions for granting this advantage. This measure was to apply from January 1, 1995. With regard to national police officers, the interministerial decree of January 17, 2001 limited the “territorial jurisdiction of police districts reporting to the general secretariats for the administration of the police of Paris and Versailles", the attribution of this advantage. A decision of the Council of State No. 229547 dated February 9, 2005, confirmed the retroactivity of the effects of the ASA to January 1, 1995 for all civil servants, including police officers. The Council of State in 2011 and the Internal Police Mediator, from 2013, highlighted the breach of equality vis-à-vis police officers assigned to the provinces and forced the Ministry of the Interior to review its copy in order to meet the criteria set by law. Overwhelmed by tens of thousands of appeals, the Ministry of the Interior ended up establishing the decree of December 3, 2015 which established the new list of police districts giving entitlement to the ASA, from December 16, 2015. For the past, the directive (NOR : INTC1605372J) of the Minister of the Interior, dated March 9, 2016, published in BOMI No. 2016-4 of April 15, 2016, provided for the regularization of the situation of police officers for the period between January 1, 1995 and December 16, 2015, and established the list of districts eligible for ASA. Currently, the administration has regularized very few files. And for some, in a very fragmented way, since compensation linked to career reconstitution is not paid to them. In addition to this, the administration is now opposing the principle of four-year prescription, in order to avoid payment of the ASA beyond four years. And this even if the official's assignment dates back to January 1, 1995. It is incomprehensible that the administration, which has always denied, in writing, the existence of this ASA for the province, could oppose this prescription. Many national police officers have been waiting for this recognition since January 1, 1995, while it has been implemented in other ministries since that date, without there being any difficulty or dispute. She asks him what the Government's position is on this issue.

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