Question 1953 — veterans and war victims

Summary

Ms. Patricia Mirallès draws the attention of the Secretary of State, to the Minister of the Armed Forces, as to the progress of the requests for recognition allowance made by ordinary law auxiliaries between February 4, 2011 and December 18, 2013. Indeed, it should be recalled that by decision no. 2010-93 of February 4, 2011, the Constitutional Council censored the provisions of laws no. 87-549 of July 16, 1987 and n° 2005-158 of February 23, 2005 having the consequence of excluding common law auxiliaries from benefiting from this allowance. It was only by Law No. 2013-1168 of December 18, 2013 (retroactive for requests not subject to a decision that has become final) relating to military programming that these provisions were reintroduced before they were again censored by decision of the Constitutional Council No. 2015-522 of February 19, 2016. Consequently, ordinary law auxiliaries were eligible to submit a request for an allowance from February 5, 2011 until December 18, 2013, unless on that date their request had not been the subject of a court decision which had become final. In response to a written question No. 21281 from Mr. Jean-Baptiste Lemoyne dated April 14, 2016, the government specified that during this period 300 files had been presented and that only 4 files met the conditions required by the decision of the Constitutional Council of February 19, 2016, files currently the subject of a contentious appeal. This is why he is asked to please specify the number of files corresponding to requests for allocation made between February 5, 2011 and December 18, 2013 and which were not the subject of a decision passed in force. res judicata as of February 19, 2016, i.e. in other words, the number of allocation requests which were refused solely because they were definitively judged between December 18, 2013 and February 19, 2016. Also, he is asked for details on the progress of the four cases currently being investigated by the administrative courts.

Machine translation from French. The official text remains authoritative.

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