COMPARATIVE PUBLIC ADMINISTRATION MPA 503

LECTURE 25

PUBLIC ADMINISTRATION IN FRANCE

FRENCH CIVIL SERVICES

• HISTORICALLY THERE HAS BEEN A HIGH DEGREE OF CENTRALIZATION OF POWER IN THE HANDS OF EMPERORS

WHICH GAVE RISE TO A CENTRALISED ADMINISTRATIVE SYSTEM WITH A POWERFUL CIVIL SERVICE

• ANOTHER FEATURE OF THE FRENCH SOCIETY HAS BEEN LONG PERIODS OF POLITICAL INSTABILITY WHICH ADDED FURTHER TO THE POWER OF THE FRENCH CIVIL SERVICES.

• AS SUCH FRANCE HAS BEEN REFERRED TO AS A ‘CIVIL SERVICE STATE’ OR AN‘ADMINISTRATIVE STATE’

FRENCH CIVIL SERVICES

• FRANCE HAD THE SYSTEM OF “SALE OF THE OFFICES” TILL THE MIDDLE OF THE NINETEENTH CENTURY.

• THE VACANT POSTS IN GOVERNMENT WERE SOLD TO THE HIGHEST BIDDER IN A PUBLIC AUCTION.

• THUS THE GOVERNMENT POSTS WERE CONSIDERED AS A FORM OF PRIVATE PROPERTY WHICH COULD BE PURCHASED OR SOLD

FRENCH CIVIL SERVICES

TWO ADVANTAGES OF THIS SYSTEM OF RECRUITMENT WERE:

i. IT FREED THE GOVERNMENT FROM POLITICAL INTERFERENCE AND PATRONAGE.

ii. IT BROUGHT HEAVY REVENUE TO THE GOVERNMENT

FRENCH CIVIL SERVICES

DISADVANTAGES OF THIS RECRUITMENT WERE: i. IT MADE THE CIVIL SERVICE A ROYAL SERVICE

RATHER THAN THE PUBLIC SERVICE.ii. IT WAS UNDEMOCRATIC AS POOR PEOPLE WERE

DENIED THE OPPORTUNITY OF ENTERING INTO THE CIVIL SERVICE.

iii. IT DID NOT RECOGNIZE THE FACTORS OF MERIT AND ABILITY OF THE CANDIDATE

FRENCH CIVIL SERVICES

REFORMS OF 1946

THE CIVIL SERVICES ACT 1946 INTRODUCED THE FOLLOWING MEASURES TO REFORM THE CIVIL SERVICE AND HENCE TRANSFORMED IT INTO A NATIONAL INSTITUTION

(I) ESTABLISHMENT OF A CIVIL SERVICE DIRECTORATE UNDER DIRECT CONTROL OF THE PRIME MINISTER

(II) UNIFICATION OF THE STRUCTURE OF CIVIL SERVICES (III) THE COUNTER SIGNATURE OF THE PRIME MINISTER TO

BE REQUIRED ON RULES OF THE CIVIL SERVICES ALONGWITH THE SIGNATURES OF THE FINANCE MINISTER

FRENCH CIVIL SERVICES

(IV) THE SERVICE CONDITIONS OF CIVIL SERVANTS TO BE SET BY THE STATE WHICH CAN ALSO CHANGE THEM UNILATERALLY

(V) THE CIVIL SERVICES TO BE DIVIDED IN 4 CATEGORIES

• SPECIALIZED FUNCTION • NON-SPECIALIZED FUNCTIONS• FUNCTIONS OF PLANNING AND DIRECTION• FUNCTIONS OF APPLICATION

FRENCH CIVIL SERVICES

RECRUITMENT

• THE MERIT SYSTEM OF RECRUITMENT OCCUPIES A STRONG POSITION IN FRANCE

• EMPHASIS IS ON A FORMAL WRITTEN EXAMINATION SUPPLEMENTED BY INTERVIEW

• THE MEMBERS OF THE HIGHEST CIVIL SERVICES CLASS ARE SELECTED THROUGH THE “ECOLE NATIONALE D ‘ ADMINISTRATION “

• THERE ARE ALSO OTHER SPECIALIZED SCHOOLS THAT PREPARE GRADUTAES FOR THE TECHNICAL SERVICES LIKE THE “ ECOLE POLYTECHNIQUE “ FOR SCIENCE AND THE “ECOLE NATIONALE DES IMPOTS “ FOR FINANCE

FRENCH CIVIL SERVICES

• CIVIL SERVANTS FROM FRANCE ARE DRAWN FROM AN ELITIST SOCIAL GROUP

• A UNIQUE FEATURE OF THE FRENCH BUREAUCRACY IS THE EXISTENCE OF A SUPER ELITE ,MADE UP OF MEMBERS OF GROUPINGS KNOWN AS THE GRAND CORPS ,TRACING THERE ORIGINS IN MOST CASES TO THE NAPOLEONIC PERIOD (FERREL HEADY)

• THIS INCLUDES TECHNICAL AS WELL AS NON-TECHNICAL GROUPS

ROLE OF NATIONAL SCHOOL OF ADMINISTRATION

• THE ECOLE NATIONALE d” ADMINISTRATION (ENA) ACTS AS THE CENTRAL RECRUITING CENTRAL TRAINING AGENCY IN FRANCE

• IT WORKS UNDER THE DIRECT CONTROL AND SUPERVISION OF THE PRIME MINISTER

• IT PERFORMS THE FOLLOWING FUNCTIONS1) IT CONDUCTS OPEN COMPETETIVE EXAMS FOR

RECRUITMENT INTO THE CIVIL SERVICE.APPOINTMENTS ARE MADE ON THE BASIS OF MERIT LIST PREPARED BY IT.IN US AND UK THIS TASK IS PERFORMED BY THE OPM AND THE CIVIL SERVICE COMMISSION

ROLE OF NATIONAL SCHOOL OF ADMINISTRATION

• IT ARRANGES PRE – ENTRY COACHING TO ASPIRING CANDIDATES.SUCH AN ARRANGEMENT DOES NOT EXIST IN MANY COUNTRIES

• IT IS ALSO RESPONSIBLE FOR IMPARTING POST ENTRY LONG TERM TRAINING TO CIVIL SERVANTS

• IT IS THUS A SINGLE WINDOW CATERING TO MAJOR ASPECTS OF THE CIVIL SERVICE WITH NO PARALELL IN ANY OTHER COUNTRY

FRENCH CIVIL SERVICES

TRAINING

THE FRENCH SYSTEM OF TRAINING IS POPULAR ALL OVER THE WORLD AND SERVES AS A MODEL FOR MANY COUNTRIES

THE DISTINCTIVE FEATURES OF FRENCH SYSTEM ARE:(I) IT IS PRACTICAL RATHER THAN THEORATICAL.

(II) IT IS HANDLED BY THE CIVIL SERVANTS THEMSELVES

(III) THE CIVIL SERVANTS ALSO RECEIVE TRAINING EXPERIENCE FROM THE PRIVATE SECTOR

FRENCH CIVIL SERVICES

(IV) THE SYSTEM OF TRAINING INSTILLS BOTH SPECIALISTS AND GENERALISTS SKILLS

(V) THE TRAINING PROGRAMME IS OF LONG DURATION.

THE ENA IS A POST GRADUATE COLLEGE AND PROVIDES A 28 MONTHS LONG TRAINING TO THE NEW ENTRANTS FOLLOWING WHICH THEY JOIN THE GRAND CORPS AND THE MINISTRIES

. FIRST STAGE OF THE TRAINING COMPRISES OF AN ATTACHMENT TO THE PREFECTURE FOR 11 MONTHS UNDER THE SUPERVISION OF THE PREFECT

. IN THE SECOND STAGE A PRACTICAL TRAINING BY SENIOR CIVIL SERVANTS IS IMPARTED FOR 17 MONTHS WHICH INCLUDES A 2 MONTHS ATTACHMENT IN A PRIVATE SECTOR UNIT

FRENCH CIVIL SERVICESPROMOTION

• A COMBINATION OF BOTH, THE PRINCIPLE OF MERIT AND THE PRINCIPLE OF SENIORITY IS ADOPTED FOR PROMOTION IN THE CIVIL

SERVICES.• PROMOTIONS TAKE PLACE WITHIN THE SAME CORPS AND

HENCE ARE LIMITED• THE ENA PREPARES A LIST OF ELIGIBLE CANDIDATES AND

SUBMITS IT TO AN ADVISORY COMMITTEE WHICH CONTAINS AN EQUAL NUMBER OF REPS FROM BOTH SIDES-OFFICIAL AND STAFF

• THE COMMITTEE APPROVES THE LIST SEND BY ENA.THE COMMITTEE IS ALSO AUTHORISED TO SETTLE DISPUTES RELATING TO PROMOTION

• A CIVIL SERVANT IN FRANCE CAN ALSO BE PROMOTED TO A PRIVATE ORGANISATION AND CAN COME BACK TO

PAY AND SERVICE CONDITIONS• A RIGID FORMALA BASED ON THE GENERAL GRID SYSTEM

WHICH PROVIDES AN INDEX NUMBER FOR EACH POST IS USED TO DETERMINE SALARY,HOWEVER THE INDEX SYSTEM IS NOT APPLICABLE TO TOP CIVIL SERVANTS ALSO KNOWN AS HORSE CLASS

• CIVIL SERVANTS ARE PROVIDED VARIOUS ALLOWANCES• CIVIL SERVANTS ENJOY THE RIGHT OF ASSOCIATION• CIVIL SERVANTS ALSO HAVE THE RIGHT TO STRIKE UNLIKE

THE US• UNLIKE MANY COUNTRIES CIVIL SERVANTS ARE ALLOWED

TO PARTICIPATE IN POLITICAL ACTIVITIES.THEY CAN JOIN POLITICAL PARTIES AND CONTEST ELECTIONS AND BECOME LEGISLATORS.AT THE END OF THE TERM THEY CAN COME BACK TO THE CIVIL SERVICE.HOWEVER THEIR POLITICAL ACTIVITIES ARE MONITORED BY THE HIGHEST ADMINISTRATIVE COURT OF THE COUNTRY

• RETIREMENT AGE IS 60

MACHINERY FOR CONSULTATION

THERE ARE THREE AGENCIES AVAILABLE FOR CONSULTATION AND NEGOTIATION WITH EMPLOYEES IN SERVICE MATTERS WHICH ARE SET UP ON THE LINES OF WHITLEY COUNCILS AND CONSIST OF EQUAL NUMBER OF REPRESENTATIVES OF THE GOVERNMENT.

THESE THREE AGENCIES ARE:1) JOINT ADMINISTRATIVE COMMISSION FOR EACH

SEGMENT OF THE CIVIL SERVICE2) JOINT TECHNICAL COMMITTEE IN EACH DEPARTMENT3) HIGHER COUNCIL FOR PUBLIC SERVICE PRESIDED OVER

BY THE PRIME MINISTER/MINISTER FOR CIVIL SERVICE

FRENCH ADMINISTRATIVE COURTS

• THE FRENCH SYSTEM OF ADMINISTRATIVE LAW IS KNOWN BY THE NAME OF “ DRIOT ADMINISTRATIF “.

• IT PROVIDES FOR SPECIAL RULES GOVERNING THE RELATIONSHIP BETWEEN THE CITIZENS.

• THE “DRIOT ADMINISTRATIF “ SYSTEM OF JURISPRUDENCE IS RESPONSIBLE FOR THE RISE AND GROWTH OF ADMINISTRATIVE COURTS IN FRANCE.

• THE DECISIONS OF THESE ADMINISTRATIVE COURTS CAN NOT BE CHALLENGED IN THE ORDINARY COURTS.

FRENCH LOCAL GOVERNMENT

THE FRENCH CONSTITUTION PROVIDES FOR A UNITARY STATE.ALL POWERS ARE VESTED IN THE CENTRAL GOVERNMENT

• AT PRESENT FRANCE HAS FOUR TYPES OF LOCAL GOVERNMENTS UNITS. THEY ARE:

• (I) DEPARTMENT• (II) ARRONDISEMENT• (III) CANTON• (IV) COMMUNE

FRENCH LOCAL GOVERNMENT

• (I) DEPARTMENT:• THE DEPARTMENT IS THE LARGEST UNIT OF

LOCAL GOVERNMENT AND OCCUPIES TOP PLACE IN HIERARCHY.

• THERE ARE TOTAL 90 DEPARTMENTS IN FRANCE. THEY ARE:

• HORSE CLASS OR SPECIAL CLASS DEPARTMENTS (15)

• FIRST CLASS DEPARTMENTS (19)• SECOND CLASS DEPARTMENTS (22)• THIRD CLASS DEPARTMENTS (34).

FRENCH LOCAL GOVERNMENT

ARRONDISEMENT

• EVERY DEPARTMENT IS DIVIDED INTO THREE OR FOUR ARRONDISEMENTS.

• IT IS HEADED BY A SUB-PREFECT WHO ACTS AS

AN AGENT OF THE PREFECT OF DEPARTMENT.

FRENCH LOCAL GOVERNMENT

CANTON

• EACH ARRONDISEMENT IS FURTHER SUBDIVIDED INTO NINE (9) CANTONS.

• IT SERVES AS A WARD ( ELECTORAL AREA ) FOR THE ELECTION OF THE GENEREAL COUNCIL OF DEPARTMENTS.

FRENCH LOCAL GOVERNMENT

COMMUNE

• A COMMUNE IS THE SMALLEST UNIT OF LOCAL GOVERNMENT IN THE FRANCE.

• IT IS THE SUBDIVISION OF THE CANTON.• AT PRESENT THERE ARE ABOUT 38000 COMMUNES IN

THE FRANCE.• EACH COMMUNES HAS A MUNICIPAL COUNCIL AS ITS

LEGISLATIVE BODY.• COUNCILS ELECTS ITS OWN CHAIRMAN CALLED

MAYOR, FOR A PERIOD OF SIX YEARS, LIKE THE PREFECT OF THE DEPARTMENT.

SUMMARY