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Official: citizen or subject? Ten

By Anicet Le Pors, A.

OFFICIAL WHAT AN IDEA!
A HISTORY OF SECURITIES, FUTURES

If daily action is essential, it is equally necessary to take the time to question the basic rationale behind this action.

I. PRINCIPLES FROM OUR HISTORY
1.1. The general interest

On many issues involved in the current political debate are discussed the general interest, public service, public service, ideas that have been forged over the centuries: the evocation of "public good by Emperor Justinian's Digest in the early sixth century, establishing the Council Crown of King Philip the Fair in the late thirteenth, notion of "common good defended by Prince under the monarchy, century stewards in the fifteenth century, engineers of Civil Engineering in the seventeenth .. Articles 1 and 17 of the Declaration of Human Rights and the Citizen during the French Revolution evoke the "common good" and "public necessity" under the 1848 revolution the "general" and "well be common. " The French school of public service will theorize these notions in the late nineteenth century will be an abundant jurisprudence. The general status of civil servants will take place in 1946. These concepts are embodied in important historical figures: Richelieu de Gaulle.
The neo-classical economists are able to define a "social optimum" revealed preference of consumers. However, the citizen can not be reduced to the consumer or the producer.
The administrative judge held that it was the political power to define it in a democratic debate. He did however use the alternative but in the principle of equality. He was able to identify activities within the public interest General.
He sits in the notions of declaration of public interest, public order. The "positive actions" must be proportionate to the difference in situation or interest claimed.

1.2. The utility

was a simple concept originally, as theorized in the late nineteenth century: a mission of general interest, a legal person under public law, a right and an administrative judge. Coverage should be done through the tax and not on price. It recognizes the prerogatives of public service. A notion
become complex by interpenetration (public-private governance, concession, delegation), increasing heterogeneity, the development sector. The contract dispute with the law.
The contradiction is exacerbated in the context of the European Union which are essentially economic criteria ("open market economy where competition is free and undistorted"), the utility is ignored (except ss. 93 of the draft on the functioning of the European Union - TEU). We retain the notions of services of general economic interest (SIEG) and services of interest (SGI). The European Court of Justice of the European Union (ECJ), however, tends to make room for acticités interest. Also noted that the property regime does not prejudice (art. 345). The commitment to public service has played an important role in the rejection of the constitutional treaty May 29, 2005. Since a Memorandum No. 26 to UFC introduced the concept of non-economic services of general interest.

1.3. The Public

Under the monarchy, creating a highly centralized management structure. The principle hierarchical long-dominant. We are witnessing the proliferation of rules and case law rejecting the notion of "status straitjacket" by the unions during the first half of the twentieth century. The first statute of civil servants was created as the law of 14 September 1941 incorporating provisions hostile to Jews and Freemasons in the spirit of the Charter of the work of Vichy. The Act of October 19, 1946 is the first democratic status. We are witnessing a redistribution between the legislative and regulatory framework in 1959, consequently the provisions of the Fifth Republic.
The current status of development in 1981-1986 is made on the basis of three principles of equality, independence, responsibility. In the 1950s, Michel Debre every officer gave his definition: "An official is a man of silence, he is, he works and he is silent," was the officer-subject design, inheritance of a dominant design all Throughout the nineteenth century and the first half of the twentieth century. We chose in 1983 the design of the official-citizen by acknowledging, by reason of his vocation to serve the public interest and his responsibility as such, the full rights of citizenship .. A function
Service is established, "three sides" (EPF State, territorial FPT hospital FPH).

This reform is reflected in the rise of personal status in the 200 000 civil servants early twentieth century, 1 million in 1946, 2.1 million in 1981, 5.3 million today, or even 146 articles legislative 1946, 57 in 1959, more than 500 today. The current status is the one with the greatest longevity, predicting cons F. Mitterrand in 1986.

II. An unprecedented

According philosopher Marcel Gauchet Sarkozyism final strategy is the "normalization" of France. France appears as the sum of "anomalies" that should be absorbed: the model of integration, secularism, public service, local authorities, etc..
He proceeds by "pragmatism destructive" that contrasts with the "overriding obligation" of the planning of Gaullist past. The campaign on the "national identity" appears as the cons-fire its actual destruction. We examine three aspects.

2.1. The reduction of public expenditure

The objective of the RGPP is usually stated as trivial deleting a job in two civil servants retiring in the coming years. No rationale is given the rate and arbitrarily detained. Staff costs of the state are declining in the general budget: 43% for 119.6 billion euros in 2008 a budget of 278.2 billion euros (43.6% in 2006). The total central government expenditure of the State amounted to 6% of GDP (1950 EUR) in 2008, a percentage decline. If the average pay for civil servants state is 11% higher than the private sector, due to higher average skills. However, management salaries are 58% higher in the private and the public, 31% for intermediate occupations, but lower than 11% for employees (2).

Are there too many officials as we sometimes hear? A study by the Center for Strategic Analysis April 2008étude above showed that the number of public officials (as meaning the employees funded by compulsory levies to avoid comparisons based on statutes differ from one country to another) per 1000 inhabitants placed France in the middle position in all developed countries, with 93 of these jobs, from a low of 41 in Japan and a maximum of 154 in Denmark. More generally, most statistical agencies and economic study showed that the share of wages in GDP declined from a quarter century (Ph. Cotis report). For officials, it is worth recalling the renunciation of the safeguard clause initiated by J. Delors in May 1983 during the liberal turn of F. Mitterrand.
There were precedents: the Committee of the Axe in the 1950s, BCR, LOLF (34 missions, 132 programs, 620 shares) together with its "asymmetric fungibility" perverse because it acts against employment. The

RGPP is therefore a sum of 374 administrative measures to reduce public spending, without consistency, taken without consultation. We should also mention the multitude of bodies under what might be called the "streamlined administrative" eliminated in recent years (3).
The objective is to ensure the primacy of the "invisible hand" on the "visible hand". Hence, conversely, the need rehabilitate planning, nationalization, institutions.

2.2. Dismantling of public services and public

This is a French specificity: a public of 5.3 million workers, about 6 million with businesses and public bodies (one quarter of the workforce) . This is a pier of resistance to market and contracting.
The attack did not begin ACEC Sarkozy. Included, the Galland law of 13 July 1987 (deletion of the 3rd driveway on the NRT, the law on right to strike Oct. 19, 1982), the reform of the Post and France Telecom in 1990 (P. Quiles), Air France 1999 (JC. Gayssot), the report of the State Council in 2003 calling for contracting as "autonomous source of law" to the public. Tteintes of sectoral were also brought by the laws of modernization of February 2, 2007, on the mobility of August 3, 2009, on social dialogue in the July 5, 2010. The left-wing governments do not come back on violations of the right.

A "cultural revolution" in public was announced by Nicolas Sarkozy September 19, 2007. He diligently to that end & the White Paper of JL. Silicani (contract Contrel law, the profession against the public, individual performance against social efficiency). (4) But the crisis that began in the fall of 2008 was indicative of the role of 'social shock absorber "of public service (concerning the employment, purchasing power, social protection and pensions, and an ethical point of view). In the new conditions, the "Great night office" will not happen, but the cap is maintained and attacks will continue. Presumably, under these conditions, if the questioning of the general statutes be pursued through specific projects (such laws or modernization mobility, or legislative proposals Gorge or fish in the territorial civil service), the frontal attack of the general has become more difficult and that the "big night office" will not occur.

2.3. The local government reform

The justification cited by President of the Republic was of international competition (St-Dizier, 20 October 2009): we must create better conditions to set up companies. Priority is given to "clusters and networks" on "constituencies and boundaries." The invocation of external (Relocation, regions, cities) as proof of land is an entirely new approach.

The "layer cake" is not often mentioned, but we can actually distinguish two triptychs: joint-department-nation (politics) cons metropolitan region-Europe (economy). The reform aims to rule the city on the town, region in the department of Europe on the nation, the metropolis on geographic communities.
I would remember that three major provisions of the proposed reform.

- The territorial advisors: their numbers are half of weakening the relationship with citizens, the voting method used is a violation of parity, it will promote the polarization, he runs a risk of unconstitutionality.
- metropolitan: the new local authority will be deeply unsettling, it does not have general jurisdiction clause, but a large conventional power.
- the removal of business tax. : Local governments achieve 73% of public investment, but only 10% of the debt, cross-funding are low. Financing requirements and the balance operating budgets without financial compensation missions transferred weigh increasingly on people. Compensation by the territorial economic contribution (CET) is not guaranteed beyond 2011. This reform will result in a benefit for virtually all enterprises.
Consequences will follow very destabilizing.
- a deterioration of the material and moral situation of staff: staffing, contracts, cronyism. Bills Gorge (the contract as a form of law, the statute as an exception), and Poisson (commodification of Public-private jobs). Modernization Act and mobility. Order Woerth and the possibility of dismissal of public officials. Continued weakening of the "weak link", the FPT.
- the weakening of decentralized public services (8 branches in the regions, 2-3 in the departments) as a consequence of RGPP, combining with the weakening of decentralized public services by reducing the skills and resources of local authorities. Intrusion on private the most profitable segments
- presidentialization increased with the role of prefects and especially the regional prefect real proconsul (map of clusters of municipalities of metropolitan scope, conventions departments, regions).


III. OPEN OUTLOOK

should defend public services, but also to register their promotion perspective.

3.1. Position itself on the values and principles

The power does not neglect the values: 75 of 146 pages of the White Paper Silicani are spent without it draws the consequences. It is therefore a sham.
should reaffirm the values and principles of interest Generally, the public service and public service mentioned above, but also the unity and indivisibility of the Republic and the free administration of local authorities.
More generally: it is the French people to reclaim its history, the scientific, moral Republican.

3.2. Make constructive proposals at all levels

This power can be kept in check: the cultural revolution, the abolition of the classification output of the public schools, there is also criticism from all sides, as, for example, the non-replacement of a staff on two by Philippe Séguin. There is internal dissension in the presidential majority on the business tax, the election of territorial advisors. Remember also that N. Sarkozy has promised adventurous ...
tenure of the contract must therefore make proposals concerning public service and public service: for example indicial reclassification, end of contracts, establishment of dual careers, improving conditions for mobility, social dialogue, promotion of gender equality, etc.. But also to advance the idea of a "status of employees in the private sector" (See below. Robert Castel, major demand for a "new status from employment" of the CGT in the last Congress) organized and convergence in action with the improvement of the general status of civil servants.
This approach also calls for deepening of the major issues: planning, nationalization, institutions, secularism, etc.. The States-General of Public Service, launched in Mutuality, Paris, December 17, 2009, will hold a national conference on 29 and 30 January next four themes: what fields of public services, at what level? What democracy ? What funding? What agents?

3.3. The public service "universal value"?

Our time is marked by the rise of the "common" in a variety of requirements: protection of the global ecosystem, ownership of mineral resources and subsoil, food, international industrial projects, globalization of services, trade, culture, etc..
The awareness of the unity of destiny of mankind major characteristic of the historical moment of our time: "Terre-Patrie" of Edgar Morin, "All-World" of West Indian poets and Patrick Chamoiseau Edouard Glissant, "Common Heritage of Mankind" constantly referred to, "universal destination of goods" of Vatican II, etc..
The public service, universal value? The contribution of design and experience French can be distinguished in a twenty-first century "golden age" of public service.

B. OFFICIAL ONE EMPLOYEE AS THE OTHERS?
THE CONDUCT OF OFFICIAL

I. SHOULD BRING THE SITUATIONS OF OFFICIALS AND OTHER EMPLOYEES ? (5)

Question often asked: "Civil servants and other public officials in status are not they favored over private sector employees covered by the contract (as individual and / or collective) as regulated by the labor code, and does he agree to reduce the difference of the situations and characterized? . Hence arises another question: "The" reconciliation "situations should it be up or down, by" bringing "an official employee of the private sector or vice versa? .

1.1. Statutory and regulatory position the official

should first point the notion of restraint status here. "An official is, vis-à-vis the administration, in a situation statutory and regulatory" under Article 4 of Title 1 of the general status of civil servants which is the legislative basis regulating the 4.3 million employees in the State, local authorities and public hospitals, which must be associated almost a million contract under public law and one million public employees working in enterprises and government agencies.

The common feature of all these sector employees public (one-quarter of the workforce in France) is that their situation is defined by law and corresponding regulations, and not by the contract. This is so because the functions and activities within public service missions, themselves inspired by the interest expressed in the political arena. It is this specificity that characterizes the public official who establishes the statutory sense. Specificity leading to endow the State, other public authorities and public undertakings of public powers in the management of personnel, leading to them from the constraints appellant, in return, guarantees individual and group included in the Public Service Regulations and other statutes. Note also that the statutory safeguards have had a protective effect for all employees, unlike the situations which can not exceed certain limits. A "gray scenario, initiated by the law called" modernization "of 2 February 2007 and on the mobility of August 3, 2009, would result in a public-private confusion that could remove these safeguards.
Therefore the contradiction to be solved is: how secure and improve the social situation of all employees, while respecting the specific missions of the public official? The response from the Liberals is clear: the situation of staff and workers of public enterprises is extremely derogatory articles of common law, statutory specificity is that "special" or "anomaly" that should minimize as possible and the contract is the main modality of their alignment with the law. I recalled the earlier stages of the offensive.

1.2. Reclaiming social workers so far remains

the question of comparing the respective situations of public sector workers and private sector. The sociologist Robert Castel has specifically analyzed the evolution in the long term conditions of the wage in France (The rising uncertainty, Seuil, 2009), characterizing a crisis from the early 1970s marked the end of a certain social compromise who settled in the industrial economy of the past decades of growth. Now unbridled capitalism is the precarious state of permanent widespread, develops a new condition infrasalariale, undermines social cohesion, reduced labor rights, causes a dynamic decollectivization, isolates the individual. He therefore proposes a strengthening of state intervention and social re-appropriation of the condition of the employee in anticipation of a new social compromise. At its recent convention, the CGT has also retained as a major demand a "new status from employment" to provide the guarantee of rights accumulated and transferred to As mobility, career development and wages throughout the professional life. This option poses
First, I think the base issue legislative expression of national political will, capable of establishing lasting such a "new status". The route chosen by the confederation seems, conversely, first focus on improving existing collective agreements in relation to the statutory claim and on the other hand, treat undifferentiated private sector employees and officials and other public officials (Le Peuple, No. 1686, June 2009). In the same spirit it should be noted the weakness of the unions' reaction to recent attachments Department of Public Service at the Ministry of Labour and Budget, unprecedented in the history of public service.

Comparison of material and moral conditions of public servants and other employees is essential. It fuels the smear campaigns against government officials and public employees under the Statute, encouraged by liberal opponents of legislative statutes, proponents of the generalization of the contract. However, because of the seriousness of the crisis of the system, the development of unemployment and job insecurity, the question does leaped be ignored, even though some of the criticisms of the so-called privileges of officers and other public officials would be deeply unfair. They must, themselves, interested in "status" of workers who have no status. A change of mind is necessary for both, guarantee the rights of employees throughout their working lives while maintaining the specificity of public officials taking their public service missions involving them are protected by law influences policies, economic pressures, administrative arbitrariness. This development may be hampered by several historical factors: the trade unions and staff associations have denounced during the first half of the twentieth century the idea of a "status straitjacket," the "second left" (Michel Rocard, CFDT) not opposing the idea, has continued to score a reservation vis-à-vis the specific statutory, to the former countries of "real socialism" which he believed could exist only if wage. Furthermore, although some statutory provisions are largely inspired by the labor code, they are applied in the civil service and public enterprises in a particularly unfavorable for example, hours of work, terms Support for travel and missions at the request of the employer, commuting, labor compensation and night, Sundays and holidays, the deduction of the indivisible thirtieth for any work stoppage less than one day, the right of withdrawal occurring late in the civil service, etc..

1.3. For a status of workers in the private sector

My belief on the need for a "status of employees in the private sector" next to the Public Service Regulations and statutes officers of public companies, was made on based on experience. Having been charged in 1999 with a report on the formulation of "proposals for improving the social and professional situation of seasonal workers in tourism" by the Minister of Employment and Solidarity and the Secretary of State for Tourism I was booked on a priori the idea of a "status" to avoid confusion with the general status of civil servants. Come to the definition of thirty-one proposals, they are seasonal workers themselves and their unions have called for the coherence of these proposals as a "status of seasonal workers in tourism," which was directed by structuring a set of laws which were associated with the necessary regulations, recommendations regarding the improvement and generalization of Conventions collective sector and other proposals for various potential partnerships. I draw from this experience, viewed in a more general assertion that one can not legitimately speak of "status of employees" by the development a body of legislation of the Labour Code with the destination of the necessary regulations, along with contractual agreements negotiated by industries and businesses and relevant partnerships.

On this basis, both homogeneous and differentiated, could then be organized convergence of social policies and industrial action aimed at improving joint general status of civil servants, the status of employees in public enterprises and the "status employees in the private sector. "

II. ETHICS FOR OFFICIALS AND CITIZENSHIP (6)

If, under Article 6 of the Bill of Rights of 1789, citizens are also eligible "to all public dignities, places and employments," they are "based on their ability and without distinction except that of their virtues and talents. " We must therefore consider what is required for entry - proof of the capacity of the virtues and talents - is a fortiori valid for the entire career of the employee. From then, in this sense, ethics overlaps with the proper performance by the staff of its public service mission, whatever its position in the administrative hierarchy.

This is not the ordinary meaning of ethics, primarily raised about frames, especially the most senior officials, and to a reduced definition of non-accumulation of public and private employment and cocooning. We will not consider here this double restriction to consider all the statutory rules apply to all officials can meet a broad conception of ethics.

2.1. Exceed a narrow conception of ethics

The contents of the Code of Public Éditions Dalloz the word "ethics" refers to Decree No. 2006-781 of February 2, 2007 and a circular dated October 31, 2007 under the Article 25 of Title 1 of the general status of civil servants (Law No. 83-634 of July 13, 1983) which urges civil servants and non-holders of public law to devote their entire professional activity to the tasks entrusted to them . But if ethics is, according to the Oxford dictionary, "the set of rules imposed on the exercise of professional their business, "we do not see why they would not take into account also in the field of ethics rules, the provisions of article 26 dealing with professional secrecy and professional discretion, Article 27 on the official duty of satisfying the demands of public information in respect of the preceding rules, then the provisions of Article 28 concerning what is generally called the "duty of obedience." Other items should probably also be cited and, ultimately, the entire first title on the "rights and obligations officials. The focus however on the aforesaid legal basis for ethics center officials. Also be noted that similar rules exist but also specific in the private sector.

If the general statute of 1946 was therefore expected that a decree specifying the conditions under which the employee must devote all of the activity to the function that it was set, this decree has not been taken, it is the provisions of a decree-law of the Popular Front of 1936 concerning exceptions to this rule, supplemented by case law that said, over time, the regulation of non-accumulation of public employment and private employment. These provisions, taken for the essential and strictly by Article 25 of Title 1 of the general statute of 1983, have been profoundly changed by the law called "modernization" of February 2, 2007and the relative mobility of August 3 2009. The changes introduced characterize a more lax ethics.

Thus, the rules of time inconsistency between the activities of an employee leaving the service and activity lucrative business, a private or professional activity is reduced from five to three years; accumulations between public and private activity are greatly relaxed for an employee to create or acquire a business, or for a private company director hired as an unlicensed public law (up to two years), the holding of shares in the capital by officials is on the same plane as the production of works of art, agents and licensees to unlicensed incomplete time can simultaneously perform any private gainful activity (7) and may be invoked in the interim. Moreover, a law of 29 January 1993 on the prevention of corruption and transparency of economic life and public procedures were established in each public service, a commission known as the "ethics" in charge of advising on the compatibility with the previous functions of an official of private activities he wanted to pursue. The 2007 law consolidated the three committees into one, under the Prime Minister (8).

If the officer's duty to satisfy the information needs of the public does not pose any particular problem (art. 27), appreciation to be done in the circumstances of each case, it is not the same with the reserve requirement which is not mentioned in the statute, but which causes many standpoints confused. Under Article 6 of the Act of July 13, 1983: "Freedom of conscience is guaranteed to civil servants (9). For driving the development of the general status of civil servants between 1981 and 1984, I think I can usefully testify about the meaning of the provisions in force. It is wrong that you mention in this connection Article 26 of the Public Service Regulations which deals with confidentiality and discretion Professional (10). Civil servants are bound by professional secrecy, or that the facts they learn in the course of their duties they have been entrusted by individuals, either because their knowledge comes from the exercise of activities which the law, an interest in General and public order, has impressed the confidentiality and secrecy. Officials must exercise professional discretion in all matters within their knowledge in the exercise or in connection with the exercise of their functions. Even if not irrelevant, it also can not refer primarily to the article 28 which establishes the principle of hierarchical obedience of officials in the following terms: "Any public official, whatever his rank in the hierarchy, is responsible for tasks assigned. It must comply with instructions from his superior, except where the order is manifestly illegal and likely to seriously undermine the public interest. " The official

therefore retains a discretion orders it receives. We can not ignore the law without challenging the officer what free will joined to freedom of opinion and, together with the proper execution of tasks assigned, participates in its own responsibility. This principle was reiterated in the 1983 law and opened a broad debate with both unions and in Parliament about the scope and limits of freedom of opinion it might be necessary to include in the statute itself, as, first, freedom of expression and on the other hand, the reserve requirement. Thus, the reserve requirement is not in the general status and to my knowledge, in no particular status of civil servants, except those of the members of the State Council which invites each member "shall impose the condition that its functions" (11).

Ultimately, the issue is more political than legal and depends on the answer to the simple question: Is the employee a citizen like any other? Coming after the previous question: Is the employee an employee as the others? Within our social construction, is it a subject or a citizen?

2.2. The questionable value of a code of ethics

Faced with difficulties in assessing the concepts just discussed, the idea is sometimes issued a code which would clarity on difficult issues because they marry the complexity of life. It must first agree: would it be a real operating a code reordering and clarification of laws and regulations established law within the meaning of the higher commission of codification? Probably not, since that would codify subparts of existing and proposed codes. We know that the law on the modernization of the public on 2 February 2007 the matter was taken up by the Act of July 5, 2010, it is now under construction in the DGAFP and the Council of State. Or would it an orderly presentation of the texts in force, with comments, as it already exists? (12) There are also codes of administration that are beyond the public service itself (13). Whatever the solution of this nature, no code could be added to existing standards. We must therefore ask what would be the usefulness of a subset of these codes which inevitably call for the codification of other thematic subset, which ultimately increase the confusion of the law.

If this is not what it is, then we can think of a guide, so "code of good conduct" pedagogical purpose or moralizing - in the spirit of the "code of conduct for traders' mentioned at the height of the financial crisis - which could be based on few actual cases have resulted in court decisions particularly meaningful, easily understood rules previously discussed. One could even think of an expression of these examples as illustrations and even cartoons (14) ...

It is important to emphasize that, whatever the manner contemplated, must relate to the precepts set all civil and public servants, whatever their place in the hierarchy, even if it is well known that the judicial review in disputed cases, obviously takes into account the level of responsibility of the agent to characterize a possible infringement. But another difficulty lies in the diversity of concerns and priorities of ministries. An attempt to code of ethics had been attempted, there is a dozen years by the Directorate-General for Administration and Civil Service. She especially highlighted the complexity of such an operation that would involve all staff, but should also address the specific concerns of each department's ethics: Finance particularly interested in the integrity, national education to the manners and incivility, police discipline, equipment, risk (15 ), justice threats against the independence of judges (16), etc.. The company was then able to lead (17).
The evocation of a code of ethics also has the disadvantage of focusing the responsibility for possible infringement on the subject while the latter is closely dependent the political and administrative context. The fashionable ideology managerial changes significantly the conditions for exercising the responsibility of the employee; it is not lived in the same manner as it considers itself to serve the public interest or is ordered to meet performance requirements evidenced by batteries of pure management criteria, which distinguishes not just any employee of the private sector.

All this is consistent with a trivialization of the activity of the employee is bound to affect seriously the specificity of Conduct due to its location and hence, the sense of responsibility to the public official.

In such a context where coordination is low and the joint bodies no longer play their role effectively, the idea of a code of ethics would - whatever the intentions of its sponsors - a completely different meaning, that of 'managerial regulation, a mechanism for regulating the conformism stress (18), leading to an increasing stigmatization of deviant behavior. I had to publicly remind the scope and limits of freedom of expression and the obligation to reserve several recent occasions. It is certainly not unprecedented, the abundance of case law shows and all these facts are not similar, but it is arguably the accentuation of hierarchical power can cause their proliferation, whereas blurs the border between public and private-growing complacency that marks the scandalous practice of "revolving doors". A code of ethics could therefore appear as a diversion coercive recalling the prohibitions and penalties. The most that can be envisaged to better explain the meaning of law existing case-based concrete, by means of circulars or by means of modern communication.

2.3. The ethics of employee-citizen

The concept of Ethics is inseparable from the values provided. Those of the republican pact that underpins our citizenship: a certain conception of general interest with the public service as the main vector, an affirmation of the principle of equality that seeks to bring together legal equality and social equality by means of positive actions an ethic of responsibility based on the principle of secularism (19). The public service values theorized by the French school of public service: equality, continuity, adaptability, since supplemented by other values (20). The French concept of public service that were previously discussed at the statutory basis for the development of 1983-1984-1986. Still, the question of ethics will continue to arise in a very confrontational.

In these times of profound social breakdown, marked by a "loss of orientation," the duty of obedience and compliance with rules of secrecy, discretion, non cumulative, neutrality may well be insufficient to guide the officer in the exercise of its democratic and effective public service remit. But this crisis can also be an opportunity not to restrict the exercise of public tasks to mere compliance with rules laid down by law, but to refer more than in the past, public accountability to citizens, in this case the officer-citizen. This does not necessarily lead me to legitimize individual efforts such as "désobéisseurs" that arise here and there, outside of union action and claim itself up as inspiring examples for appeal ultimately to solidarity. I do not approach those who disagree with petitioners that we can ensure the Agrégation of philosophy that candidates have a good knowledge of the principles on which is founded the French concept of public service (21 ). Even if the cause is just, I do not think we're in the situation of Article 35 of the Constitution of the year I (which never came into force but which for me is a major reference Republican) "When the government violates the rights of the people, insurrection is for the people, the most sacred of rights and the most essential of devoirs3.

authoritarianism and conformism - diabolical duo in the history of public service - are contrary to the ethics of citizenship fully assumed. The employee has the right and duty to form its opinion on the policy he is responsible for implementing and, where appropriate, to criticize the way union or political forms appropriate that no legal rule that 'no code of ethics will never reach a final limit.
The good performance of the tasks assigned and the development of critical thinking in performing these tasks are qualities of public service that should be jointly developed (22). I know from experience that sometimes leads to graze the boundaries of the forbidden, which implies a spirit of responsibility and composure. That, in my opinion, a risk you need to know to run.

(1) Formula resumption of the work of René Bidouze: Officials: Citizens or subjects? Editions sociales, 1979 and 1981.
(2) Annual report on the state Public Service 2008-2009, French Documentation, 2009.
(3) Thus, under the guise of modernization, the Modernization Council Policy of 12 December 2007, among the 96 reform measures that the State has adopted, provided for the end of those : the removal of the High Council of the public sector, the National Assessment of the High Council for International Cooperation, eight of the nine inter-government information centers (IARCs), also means the transfer of the Directorate General of Administration and the Public Ministry of the Budget, the integration of the Committee of Inquiry into the costs and returns public services to the Court of Auditors. These cuts and restrictions coming after the integration of Forecasting Directorate in the Directorate General of Treasury and Economic Policy and especially the disappearance of the iconic General Planning Commission created after the Liberation in 2006 and in the DATAR 2005 (founded in 1963). Add to this today the partial relocation of INSEE Metz, removing dozens of meteorological county, the loss of identity of the Archives of France (creation of the French Revolution) in a broad direction of Heritage. Let us add the draft organic law adopted pursuant to the constitutional reform of 23 July 2008 which will remove the National Commission on Security Ethics (NSDC), which made public the abuse of the security forces (frowned upon for this reason the Ministry of Interior) and the mission of child advocacy.
(4) JL. Silicani, White Paper on the future of public service, French Documentation, 2008.
(5) Development of excerpts from an article in a section entitled Controversy under the theme: "Should we bring the status of public officials and employees? Journal of Labour Law - March 2010
(6) Excerpts from a forthcoming article in a collective work under the title Ethics and Conduct for public managers
(7) A. Le Pors, "An Act of denaturation of the Public Service", Legal Week, No. 12, March 2007.
(8) The case of the appointment of Francois Perol, Deputy Director General of the Elysee, head of the Savings Banks and popular, marked by personal opinion given by the Chairman of the Committee of Ethics followed by the resignation of two of its members showed that the instrument does not appear, at this stage every guarantee that could be expected.
(9) It will be recalled that in mind Article 10 of the Declaration on the Rights of Man and Citizen of 1789: "No person shall be molested for his opinions, even religious, provided their manifestation does not disturb the public order established by law. "
(10) I have dismissed the National Assembly 3 May 1983 an amendment to the registration of the reserve requirement in the law by observing that it "is a judicial construction is extremely complex and depend on the nature and extent of the obligation to reserve various criteria including the most important is the role of officials in the hierarchy "and that it was the administrative judge to determine on a case by case basis.
(11) A. Le Pors, "Staff, full citizens," Le Monde, 1 February 2008.
(12) These include the Code of Public Service, presented and commented by Serge Salon and Jean-Charles Savignac, Dalloz, 9th edition, 2010, in which the author of this article refers regularly.
(13) For example, the Government Code by Bernard Stirn and Simon Formery, LexisNexis, Litec, 3rd edition, 2008.
(14) In the spirit of the Scenes administrative case law of Jean-Francois Thery illustrating some major decisions of administrative jurisprudence, foreword by Marceau Long, LexisNexis, Litec, 2008.
(15) Responsibility and Ethics Reference Guide for Managers and management, Ministry of Works, Transport and Housing, January 1998.
(16) Series ethical obligations of judges, a guide rather than a normative code, released by the Superior Council of Magistracy June 10, 2010.
(17) It continues, however, in some jurisdictions. And the Directorate of Labour Ministry of Labour, Industrial Relations Social, Family Solidarity and the City issued in February 2010: Ethical Principles for inspection.
(18) The situation of workers of France Telecom is an illustration
(19) A. Le Pors, Citizenship Collection Que sais-je?, PUF, 3rd edition 2002.
(20) R. Denoix de Saint Marc, the public service report to the Prime Minister, the French Documentation, 1996.
(21) A. Louangvannasy, "It is legitimate to be asked about the values of public service", Le Monde, July 3, 2010 and "philosophers debate in the values of the state," Humanity,
(22) Allow me to mention here the example of two friends belonging to different political families and who have, in their different ways, testify at once exemplary dedication. Public service at the highest level of government and political commitment clearly assumed:
- Bernard Tricot, a former secretary general of the Elysee under General de Gaulle, author of memoirs, published Quai Voltaire, 1994. Bernard Tricot died in 2000.
- Jacques Fournier, Secretary General of the Elysee then Secretary General Government under François Mitterrand, CEO of GDF and SNCF, author of Directions of an official commitment, Editions Dalloz, 2008.