Question 20155 — overseas

Summary

Mr. Stéphane Claireaux draws the attention of the Secretary of State, to the Minister of Action and Public Accounts, to the regime for granting the right to compensation following a change of residence resulting from the transfer of civilian personnel. The case that arises here is that of a civil servant working in Saint-Pierre-et-Miquelon to be transferred to Ajaccio from September 2019. Thus, according to the provisions of the decree of September 22 1998, article 3 last paragraph, if there is compulsory transit between mainland France and an overseas community, then the great circle distances must be added. There are two obligatory transits in the case raised by the situation of the said official: Canada and Paris. Furthermore, on March 16, 2005, the Council of State affirmed in the judgment "Mr. Jean-Pierre VOGEL c/ Ministry of Justice", that the distance corresponding to the entire route between the old and new residence must be taken into account. By appealing to the absolute authority of res judicata proclaimed by the Council of State, it turns out that this decision applies to the case concerning this official from Saint-Pierre-et-Miquelon. Thus, during a change of residence following a transfer and, always in accordance with the decree of September 22, 1998, the distance orthodromic must be increased “by the additional kilometer distance made necessary by compulsory transit” according to the letter sent by the Council of State. In fact, according to the texts set out above and the ambiguity of the situation encountered, what seems necessary would be either to clarify the situation by adding an article to Decree No. 89-271 of April 12, 1989 concerning compulsory transits; either to delete Saint-Pierre and Miquelon of Decree No. 89-271 of April 12, 1989 because the archipelago is no longer an overseas department, and thus put it in Decree No. 98-844 of September 22, 1998 specifying its nature as a territorial collectivity. This is why he would like to know the reasons why compensation covering the entire course of this official's change of residence is currently being refused to him, knowing that his case is similar to that dealt with by the Council of State whose individual won his case.

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