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 File n°  62 

 

Key points

The civil servants of the National Assembly are State civil servants and as such enjoy the basic guarantees which are provided to all civil servants.

They have nonetheless a status which is slightly different from that of other civil servants: in application of the principle of the separation of powers, which allows the parliamentary assemblies to manage their affairs autonomously, the Bureau of the National Assembly lays down the conditions for the recruitment of its civil servants (all permanent positions are filled exclusively by civil servants of the Assembly who are recruited by specific competitive entrance examinations organized by the Assembly itself) and for their career development (promotion, mobility etc.).

The civil servants of the National Assembly may also take advantage of in-house training which enables them to adapt to their subsequent appointments.

They also have some specific duties (obligation to clearly remain politically neutral, obligation to be available at all times etc.).

See also file 63
 

 

 

The status of the permanent staff of the National Assembly - which, for a long time, was clearly distinct from that of the State Civil Service - has become progressively closer to that of other civil servants :

  In 1958, they gained the right to apply to administrative courts against individual decisions concerning them;

  In 1963 they obtained the status of State civil servants which enabled them to enjoy the same general principles of law and basic guarantees as those applying to all civil servants.

At the same time, in the name of the principle of the separation of powers, laid down in article 16 of the 1789 Declaration of the Rights of Man and of the Citizen, whose effect is to guarantee the administrative and financial autonomy of each parliamentary assembly, they maintained their specific status which is decided upon by the Bureau of each assembly.

 

I. –  recruitment by specific competitive examinations

All permanent positions, with the exception of very technical jobs, are carried out by civil servants especially recruited by competitive examinations specific to the National Assembly. Thus it is forbidden for any civil servant working for a Government department outside of the National Assembly, to hold a permanent position.

The constitutional principle of equal access to civil service positions for all citizens is guaranteed by a variety of measures: the advertising of the different stages of the competitive examinations, the fact that the written tests are anonymous, the fact that the juries are made up of a majority of members who are from outside the administration of the National Assembly and by the distinction drawn between the body in charge of recruitment (the jury) and that in charge of the power of appointment (the President and/or the Questeurs).

The competitive examinations are organized by category of civil servant. There are five branches of a general nature (80% of staff): clerk, deputy-clerk, departmental secretary, administrative secretary and porter. There are 26 specialized branches each of which corresponds to a specific job carried out at the National Assembly: debate secretary, official report secretary, computer analyst, buildings’ specialist etc.).

Each branch is divided into grades and each of these is sub-divided into ranks. Promotion within a rank depends upon length of service and occurs every two years. It may not be applied for disciplinary reasons or on account of lack of professionalism. Promotion from one rank or grade to the next is given, once the necessary conditions of length of service have been fulfilled, on the basis of merit according to a joint procedure.

 

II. – a career almost exclusively within the National Assembly

As they are recruited by specific competitive examinations, it is intended that the civil servants of the National Assembly will carry out their entire career within the institution. The possibility of external mobility, which is reserved for clerks and deputy-clerks, is temporary and very strictly limited. This notion fits in with the need to provide in-house training for all staff to enable them to adapt to their various subsequent positions within the National Assembly.

 

1. – Internal mobility and promotion, external mobility

a)  Internal Mobility

Throughout their careers, all parliamentary civil servants, with the exception of those in specialized jobs, will experience a variety of positions in both the legislative and the administrative departments. This mobility, which takes place within the branch in which the civil servant was recruited, has two objectives: it provides the civil servant himself with renewed motivation and allows him to gain new knowledge and it also provides the institution with a staff which well understands the operational mechanisms of the Assembly, is easily adaptable to new positions and is thus more efficient and reactive. This mobility is in fact one of the main conditions for promotion as far as clerks, deputy-clerks, departmental secretaries, administrative secretaries and porters are concerned. The variety of positions and the range of responsibilities held are important factors taken into consideration for promotion to a new grade which is based, once the conditions of length of service have been fulfilled, on merit.

 

b)  Internal Promotion

Civil servants who have been recruited into one branch have the possibility of entering the branch immediately above it. Such promotion is carried out by passing internal competitive examinations which are organized in parallel with the corresponding external competitive examinations. They are open to parliamentary civil servants with, according to the situation, five or fifteen years of seniority or in some cases all permanent members of staff.

 

c)  External Mobility

Clerks, deputy-clerks, debate secretaries and debate drafters may be placed at the disposal of certain defined external bodies: foreign parliaments, European institutions, international organizations, jurisdictional bodies or independent administrative authorities. They may also be seconded to these bodies as well as to state-owned companies, national public entities, local authorities and local public entities. This means of broadening the career path of civil servants which benefits both the civil servant himself and the Assembly, has been highly encouraged over the last ten years. 

 

2. –  In-house training

The types of in-house training on offer are mainly centred on the positions to be filled and these in turn vary as the activities and interests of the National Assembly evolve (increase in international programmes, progress in computer techniques, strengthening of security, development of communication etc.).

There are six main areas of training: foreign languages (group and individual classes), security (techniques linked to security access, first-aid), computing (training for computer specialists and in office automation), technical training periods (linked to specific positions such as writing of minutes, classes on public tenders, electricity, cooking), outside internships (foreign parliaments, local authorities) and communication and management techniques (reception, general management etc.).

Training programmes are also offered to civil servants who wish to sit the internal competitive examinations.

 

III. –  special obligations

Certain obligations which apply to all civil servants must in fact be even more strictly adhered to by parliamentary civil servants.

 

1. –   Political neutrality and duty of discretion

Like all State civil servants, those of the National Assembly must maintain strict political neutrality in the carrying-out of their jobs. However this requirement is particularly strong at the National Assembly since the staff there often works in close collaboration with M.P.s of all political tendencies.

The duty of professional discretion for parliamentary civil servants is particularly emphasized and concerns all data and information which they might come across in the carrying-out of their jobs. They are strictly prohibited from providing to any publication information concerning the work of the Assembly or events which may occur on the premises of the National Assembly. Equally they are prohibited from publishing unreleased documents to which they may have access on account of their position or works written with the aid of such documents without having obtained the permission of the President and of the Questeurs.

 

2. –   Availability

The staff of the National Assembly has also a special obligation of availability. This availability must correspond to the rhythm of parliamentary activity, whatever the circumstances, whether it be the legislative calendar (extraordinary sessions) or the timetable of sittings (night sittings).