From a stop M. A… c/ Auvergne-Rhône-Alpes Region on 16 December 2022 (request no. 457835), the Council of State deemed:
- on the one hand, which results from article L. 4132-23 of the general code of local authorities (CGCT), from articles 110-1, now included in article L. 333-12 of the general code of the public function (CGFP ), and 136 of law n° 84-53 of January 26, 1984 and the first paragraph of article 20 of law n° 83-634 of July 13, 1983, now included in article L. 712-1 of the CGFP, that the expenses deriving from the assignment of employees to the elected groups include the remuneration of such staff, and that this includes the subsistence allowance and, where applicable, the family salary supplement (SFT);
- on the other hand, that if article L. 4132-23 requires the local authority to ensure compliance with the ceiling of appropriations necessary for expenditure resulting from the assignment of employees to groups of elected officials or, if exceeded, to restore compliance with it as soon as possible through appropriate management measures, exceeding this ceiling cannot prevent the payment of the indemnities due to these agents.
In the present case, Mr. A… was employed by the Auvergne-Rhône-Alpes region from 1 May 2015 to 31 December 2015, then from 1 March 2016 to 31 March 2017, as an elected employee of the group. Starting from 1 January 2017, his salary was changed by integrating the integration of the family salary and the residence allowance, but reducing the increase in the net index, to arrive at an unchanged total salary.
Mr. A… requested the Auvergne-Rhône-Alpes region to restore its net index plus salary to 591 as from 1 December 2016, to continue to receive the family wage supplement and subsistence allowance on this basis and to pay him the corresponding salary reminder for the period from 1 May 2015 to November 2016, by letter dated 4 December 2017 on which the Auvergne-Rhône-Alpes region remained silent.
By judgment of May 15, 2019, the administrative court of Lyon ordered the Auvergne-Rhône-Alpes region to pay Mr. 1 as at 31 December 2016, up to the limit of 10,210.28 euros. The Administrative Court of Appeal having confirmed this sentence with a sentence of 26 August 2021, the Region has proposed an appeal in cassation.
Firstly, the Council of State annulled the judgment of the Administrative Court of Appeal as it derives from the provisions of article L. 4132-23 of the CGCT, article 110-1 of law n. 84-53 of January 26, 1984 now included in article L. 333-12 of the CGFP, article 136 of the same law, and the first paragraph of article 20 of law n. 83-634 of July 13, 1983 now included in article L. 712-1 of the CGFP, ” that the expenses deriving from the assignment of employees to the elected groups include the remuneration of such staff, and that this includes the subsistence allowance and, where applicable, the supplement to the family salary. Consequently, the Auvergne-Rhône-Alpes region can rightly argue that by judging that the family wage supplement and the residence allowance were not included in the limited expenditure pursuant to article L. 4132-23 of the General Code of Territorial Authorities , the Court committed an error of law, and to request, for this reason, and without the need to rule on the other ground of appeal, the annulment of art. 1 of the contested sentence. »
Then ruling on the merits, the High Assembly that ” if the provisions of article L. 4132-23 of the general code of local authorities require the region to supervise compliance with the ceiling of credits necessary for expenses resulting from the assignment of employees to groups of elected officials or, in case of exceeding, for to restore compliance with it as soon as possible through appropriate management measures, exceeding this ceiling cannot prevent the payment of the allowances due to these staff. »
However, in this case, ” on the one hand that the Region has not paid Mr. A…, in the disputed period, neither the residence allowance nor the integration of the family salary, on the other hand that the Region does not dispute the eligibility of Mr. A.. .to this additional fee nor to the amount of Euro 10,210.28 which he claims in this regard. »
And to conclude: Having said that, the Region cannot legitimately claim that the administrative judge, with the sufficiently reasoned contested sentence, wrongly ordered it to pay Mr. A… the living allowance and family salary supplement for the period from 1 May 2015 to 31 December 2015, therefore from 1 March 2016 to 31 December 2016, for an amount of €10,210.28. »
This judgment can be consulted at the following link:
https://www.conseil-etat.fr/fr/arianeweb/CE/decision/2022-12-16/457835
See also the brief relating to the initial judgment:
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