Question 6283 — civil servants and public agents

Summary

Mr. Pascal Jenft questions the Minister of Public Action, Civil Service and Simplification on the legality of Decree No. 2025-197 relating to the rules for remuneration of certain public officials placed on ordinary sick leave or on sick leave. Decree No. 2025-197 of February 27, 2025 establishes the replacement rate for sick leave treatment for civil servants, including military personnel, at 90%, instead of 100%. In In short, the individuals concerned will obtain a salary reduced by 10% in the event of sick leave. However, in the visas of this decree, there is no mention of consultation of the opinion of the Superior Council of Military Function (CSFM). However, this consultation is a legal obligation. The second paragraph of Article L. 4124-1 of the Defense Code expressly provides that consultation of the CSFM is obligatory in the event of a project implementing text of the defense code having a compensatory scope. But still, the entry into force of this decree seems unclear. Reference is made to a date provided for in article 189 of the finance law for 2025, but this article does not mention any precise date. He questions him about this non-compliance with article L. 4124-1 of the defense code concerning decree no. 2025-197 of February 27, 2025, as well as its precise terms of application, particularly temporal.

Machine translation from French. The official text remains authoritative.

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