Question 14131 — overseas

Summary

Ms. Mereana Reid Arbelot draws the attention of the Minister of Action and Public Accounts to the abuses noted in the methods of recruitment and assignment of civil servants, in particular within the general directorate of public finances, which appear likely to undermine the statutory rights of overseas agents. In application of article L. 512-19 of the general civil service code, agents justifying center of their material and moral interests in an overseas community benefit from legal priority of assignment. This provision has a clear normative scope and constitutes an essential guarantee intended to take into account the specific constraints linked to geographical distance as well as the personal and family ties of the agents concerned. However, the increasing use of so-called “choice” assignments, based on a discretionary assessment of profiles by the administration leads, in practice, to neutralizing this legal priority. By substituting a logic of subjective selection for transfer rules governed by law, this method of recruitment has the effect of emptying the CIMM system of its substance, relegated to a secondary criterion and devoid of real effectiveness. Such a development, particularly marked in the territories overseas, introduces a break in equality between agents and structurally disadvantages civil servants from these territories, by compromising their prospects of return. As such, it raises serious questions about respect for the fundamental principles of civil service law, in particular those of legality, equal treatment and effective consideration of the priorities set by the legislator. In this context, it asks him to specify the measures that the Government intends to implement in order to guarantee the full effect of legal priorities, in particular that based on the center of material and moral interests, to prevent any circumvention of the law through the use of “choice” assignments and to ensure, more broadly, respect for the statutory rights of overseas agents in assignment procedures.

Machine translation from French. The official text remains authoritative.

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