Question 13566 — font

Summary

Ms Émilie Guerel draws the attention of the Minister of the Interior to the non-recognition of the specific seniority advantage (ASA) in the national police. The ASA, defined by Article 11 of Law No. 91-715 of July 26, 1991, was successively supplemented by Decree No. 95-313 of March 21, 1995, which specified the conditions for granting this advantage, as well as by a decision of the Council of State No. 229547 dated February 9, 2005, which confirmed the retroactivity of the effects of the ASA to January 1, 1995 for all civil servants, including police officers. In addition, the decree of December 3, 2015 established a new list of police districts giving entitlement to ASA from December 16, 2015. The directive (NOR: INTC1605372J) dated March 9, 2016, published in BOMI No. 2016-4 of April 15, 2016, provided for the regularization of the situation of civil servants police for the period between January 1, 1995 and December 16, 2015. However, to date, the administration has regularized very few files. This opposes the principle of the four-year limitation period, in order to avoid payment of the ASA beyond four years, even if the civil servant's assignment dates back to January 1, 1995. Several contentious appeals against the administration are currently in progress, and are based on the fact that to oppose the four-year limitation period, the managing services could not take as the starting point of the limitation period the date of the services performed by the civil servant, but rather the notification of the individual decision to reconstitute their career following the publication of the order of December 3, 2015 and the circular of March 9, 2016. These appeals will indeed succeed. However, this is a particularly negative signal sent to the police, who must fight to assert their rights. Many of them have been waiting for this recognition since January 1, 1995. The Government is strongly attached to the public security service; the resolution of this problem, outside of litigation, would be a strong message of support to the national representation. That's why she wants to know if he plans to lift the effects of the prescription in question, for the benefit of the entire police force in France.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.