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Question from Miss OLLIVIER Mathilde (French established outside France – GEST) published on 10/31/2024

Ms Mathilde Ollivier draws the attention of the Minister of Europe and Foreign Affairs to the lack of payment to the main education consultants (CPE) on loan within the French education network abroad from their compensation, although it was established by order number 91-468 of May 14, 1991, still in effect. Article 20 of Law No. 83-634 of July 13, 1983 on the rights and duties of civil servants specifies that “civil servants are entitled, after service, to remuneration including salary, residence allowance, treatment of family welfare as well as money- compensation established by statutory or regulatory text.” Order No. 2002-1134 of September 5, 2002 amending the provisions of Decree 91-468 for employees hired for teaching, educational and administrative jobs referred to in Article D. 911-43-3 of the Education Code ( from where the main education is part of), specifying that an order from the Minister of Foreign Affairs and the Minister responsible for the budget will take to apply abroad. This decree is still pending publication, depriving the workers concerned of paying compensation provided by law for several years. This fixed compensation is however paid to employees of the same organization based in France, creating a de facto break in equality depending on whether one is in France or seconded abroad over, which should be corrected.

In its decision number 458629 of November 10, 2022, the Council of State recalled that all principal education advisors must receive the fixed compensation provided by the decree of May 14, 1991 and confirmed that “The eligibility criteria for payment of this compensation. therefore the performance of tasks, independently of tenure in the group of chief educational advisers.” Ensuring that the law is implemented quickly and fully is a democratic and political responsibility. Every legislative or regulatory provision that remains unused is a sign of neglect towards our fellow citizens and our seconded workers. In this regard, it is expected that the Minister of Europe and Foreign Affairs, in charge of the organization for French education abroad (AEFE), will be responsible for the benefits of the representatives mentioned in Article D. 911 -43 of the Education Code to pay, use their licenses as soon as possible. Each ministry is responsible for fully implementing the law within its jurisdiction and this also includes adopting the necessary regulatory measures.

So she asks what date the decree is mentioned in Article 4 of Decree No. and the payment of the lump sum in favor of the principal education advisers who report to the Minister of Education carrying out their duties abroad.

Published in the OJ Senate on 10/31/2024
– page 4226