Question 19747 — overseas

Summary

Mr. Serge Letchimy questions the Minister of Action and Public Accounts on the reform of enhanced leave granted to civil servants from overseas, planned for 2020. The principle of territorial continuity is a fundamental element of the social, political and institutional contract between the French Republic and its overseas territories. Among the measures which give substance to this principle, enhanced leave occupies a completely essential. However, for several years, overseas elected officials have noted an increasingly limited allocation of enhanced leave, arousing the anger of the 35,000 civil servants likely to benefit from it and who see the link with their native land diminishing over time. This situation is linked to the fact that the administrations concerned tend to refuse, more and more frequently, domiciliation, in an overseas region, of the “centers of material and moral interests” of the requesting agents. The DGAFP circular of January 3, 2007 relating to the conditions for granting enhanced leave to agents of the three public functions, recalled by the interministerial circular of March 1, 2017, nevertheless insisted on the fact that the criteria generally used for their definition were not “exhaustive nor necessarily cumulative in nature”. However, the courts have recently encouraged this restrictive reading, ultimately preventing those concerned from having the fact recognized in law that they are indeed “originating” from these territories and that they are, therefore, legitimately justified in claiming the benefit of the measures precisely designed to allow them to maintain this link, despite the distance and the significant cost that this distance requires to be crossed. There is several months, the President of the Republic has made known his intention to reform the system of enhanced leave, arousing the concern of citizens who fear an additional attack against an already heavily weakened system. Whatever its modalities, this reform cannot succeed without the Government committing to recognizing the reality of the links which unite overseas people with their territory of origin. This broad interpretation of “centers of material and moral interests” is also essential for the implementation of the measures which were unanimously adopted within the framework of Law No. 2017-256 of February 28, 2017 on programming relating to real equality overseas and laying down other provisions in social and economic matters, with a view to accelerating the procedures for transferring civil servants from overseas to post in other territories or in France. He therefore asks him to explain what the concrete modalities of the envisaged reform of enhanced leave will be, and the way in which the centers of material and moral interests will henceforth be recognized for those from overseas departments, regions and communities.

Machine translation from French. The official text remains authoritative.

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