Government Commissioner and Assistants
Explanation
The State Council consists of a president, a government commissioner [Commissaire du gouvernement], chamber presidents, counselors, and assistant counselors. The government commissioner is considered one of the fundamental pillars in the structure of the Council. The law determines a clear priority [Priorité] within the Council, where the rank of the government commissioner comes in second place immediately after the president of the Council, and precedes the highest-ranking member in category or grade.
The government commissioner plays a prominent role in the internal administration and discipline within the administrative judiciary. He holds the position of vice-president in the bureau of the State Council, which is headed by the president of the Council. He also holds the position of vice-president in the disciplinary council designated for the judges of the State Council.
The situation differs regarding the disciplinary council for judicial assistants. In this case, the government commissioner does not assume his usual duties. Instead, the function of the government commissioner at this council is performed by a judicial inspector delegated by the president of the Judicial Inspection Board.
The government commissioner is assisted in performing his duties by assistant counselors. These assistant counselors are attached to the government commission [Commissariat du gouvernement] by virtue of a decision issued by the president of the State Council, after seeking the opinion of the bureau of the Council.
The government commissioner and his assistants, like other judges of the Council, are subject to the provisions of assignment and secondment [Détachement]. They may be assigned to external tasks consistent with their qualifications by a decision of the president of the Council. They may also be seconded to work in public administrations, while retaining their judicial capacity and receiving their salaries from the budget of the Council, whereas the administration to which they are seconded pays the allowances specific to the secondment.
Official legal articles
replace · 2000-06-29: Open the official text
replace · 1983-11-10: Open the official text
replace · 2019-07-31: Open the official text
Think deeper
How does the government commissioner's assumption of the vice-president position in both the bureau of the Council and the disciplinary council for judges reflect the importance of his position in the structure of the administrative judiciary?
Flashcards
Who holds the second place in terms of priority in the State Council?
The government commissioner, immediately after the president of the Council.
What is the role of the government commissioner in the bureau of the State Council?
He holds the position of vice-president of the bureau of the State Council.
How are assistant counselors attached to the government commission?
By a decision of the president of the State Council after seeking the opinion of the bureau of the Council.
Who assumes the function of the government commissioner at the disciplinary council for judicial assistants?
A judicial inspector delegated by the president of the Judicial Inspection Board.
What is the role of the government commissioner in the disciplinary council for judges?
He holds the position of vice-president of the disciplinary council.
Does a seconded administrative judge lose his judicial capacity?
No, he retains his capacity and position and continues to receive his salary from the budget of the State Council.
Practice questions
Who heads the bureau of the State Council and who is his deputy?
The bureau of the Council consists of the president of the State Council as president and the government commissioner as vice-president (Article 19).
How is priority determined in the State Council when category and grade are equal?
If the category and grade are equal, priority is given to the most senior in the Council, and when seniority is equal, to the oldest in age (Article 14).
Who assumes the duties of the government commissioner at the disciplinary council for judicial assistants?
The function of the government commissioner at this council is performed by a judicial inspector delegated by the president of the Judicial Inspection Board (Article 51).
Which entity is responsible for paying the salaries of a seconded administrative judge?
The seconded judge continues to receive his salary from the budget of the State Council, and receives allowances from the budget of the administration to which he is seconded (Article 17).
How are assistant counselors attached to the government commission?
The attachment of assistant counselors is done by a decision of the president of the State Council after seeking the opinion of the bureau of the Council (Article 13).
Does the judicial vacation system apply to a seconded judge?
The judicial vacation system does not apply to the seconded judge, and he benefits from the administrative leaves stipulated in the civil service system (Article 17).
Case problems
Two judges were appointed to the State Council on the same day and in the same category and grade. One of them is 45 years old and the other is 50 years old. They disagreed over who has priority in seating and tasks. Additionally, one of them requested to be attached directly to the government commission by means of a letter addressed to the Minister of Justice. How is this issue resolved according to the law?
Model answer
To resolve the issue of priority, priority after the president of the Council and the government commissioner goes to the member with the highest category, then the highest grade, then the most senior in the Council (Article 14).
Since they were appointed on the same day, which means equal seniority in the Council, and they are equal in category and grade, priority is given to the oldest in age.
Therefore, the 50-year-old judge has priority.
As for the request for attachment to the government commission, assistant counselors are attached by a decision of the president of the State Council after seeking the opinion of the bureau of the Council (Article 13).
Consequently, attachment is not done based on a request addressed to the Minister of Justice, but rather by a decision of the president of the Council according to the mentioned procedures.
Self-grading rubric
A counselor in the State Council was seconded to work in one of the ministries. The ministry demanded the suspension of his salary from the State Council under the pretext that it would pay him a salary and allowances. The judge also requested to benefit from the judicial vacation during the secondment period. Are the ministry and the judge entitled to this?
Model answer
The ministry is not entitled to demand the suspension of his salary from the State Council.
The seconded judge retains his capacity and position and continues to receive his due salaries from the budget of the State Council (Article 17).
As for the ministry or administration to which he is seconded, it only pays him the allowances pertaining to the position to which he was seconded and other allowances due to the secondment.
Regarding the judge's request to benefit from the judicial vacation, he is also incorrect.
The judicial vacation system does not apply to the seconded judge, but rather he benefits from the administrative leaves stipulated in the civil service system (Article 17).