Question 18911 — font

Summary

Ms. Laurianne Rossi draws the attention of the Minister of the Interior to the benefit of the specific seniority advantage (ASA) open to police officers since January 1, 1995. Article 11 of Law No. 91-715 of July 26, 1991 provides that state officials and gendarmerie soldiers assigned for a period fixed by decree in the Council of State in an urban district where there are social problems and particularly difficult security are entitled, for the calculation of the seniority required for advancement in step, to a specific seniority advantage (ASA) under conditions set by this same decree. Decree No. 95-313 of March 21, 1995 provides that police officers eligible to benefit from the ASA must have three years of continuous service in an urban district corresponding to police districts or subdivisions of these districts, since defined by the interministerial order of December 3, 2015. The current legal framework links the benefit of the ASA for police officers to their administrative assignment in the local security districts (CSP) covered by the aforementioned interministerial order. Consequently, many police officers carrying out their daily missions in these difficult neighborhoods, are excluded from the benefit of the ASA. This is particularly the case for active and scientific civil servants of the specialized services of the central public security directorate and the police headquarters as well as the services of the specialized directorates located in the same geographical area as the CSPs. This situation was once again highlighted by recent decision no. 415948, rendered on July 26, 2018 by the Council of State. THE Council of State, questioned in the context of the drafting of the interministerial decree of December 3, 2015, also considered that "it would not be illegitimate for all or part of these personnel, having regard to the concrete modalities of the exercise of their missions in particular in matters of intelligence, public security and public order, to benefit from the ASA". Therefore, she asks him if there are plans to review the wording of the article 11 of the law of July 26, 1991 and Decree No. 95-313 of March 21, 1995, so that agents working in the most sensitive urban neighborhoods, without being assigned there, can benefit from this specific seniority advantage.

Machine translation from French. The official text remains authoritative.

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