The civil service lawyer offers his expertise in the context of litigation related to the administration. Its intervention is all the more useful as public services are in the throes of change. The public official is now faced with new managerial techniques and new requirements without a proportional increase in the means made available to him. Therefore, the help of a public law lawyer allows him to better understand his new constraints and to face the prejudices suffered in the course of his work.
What is a Public Service Lawyer and what does he do?
The public service brings together the employees who ensure the civil jobs provided by the State, the local authorities and all the structures endorsing a public service mission. Still known as administration, it includes civil servants and contractors. It comes under public law. Therefore, three sectors of activity stand out:
- the state civil service,
- hospital administration,
- the local public service.
The civil service lawyer is a professional who represents agents against the administrations that employ them. Its area of intervention is wide, as it covers all aspects of this legal branch. He thus intervenes in the context of disciplinary procedures, mediation and administrative litigation.
The lawyer in administration law also assists contractual agents and civil servants according to their specific legal regimes. In particular, it provides functional protection when a public official is prosecuted.
When should you hire one?
Like the labor lawyer in the private sector, the civil service specialist defends the interests of his clients in the event of litigation before the courts. Its role, however, goes beyond this aspect, as it adapts to fluctuations in the legal provisions in force.
During disciplinary and contractual litigation
It is strongly recommended to hire a lawyer in administration law for a disciplinary and contractual litigation. This concept encompasses issues related to promotion, advancement, grading, harassment, retirement and labor regulations.
It is possible to benefit from the services of a civil service lawyer in summary proceedings and on the merits. This specialist is competent to represent his clients before the legal authorities for any dispute related to the progress of their career.
He assists contractual agents and civil servants at the stage of the instruction of the Disciplinary Committee or before the Superior Council of the various public functions. Its objective is to implement the legal means and the necessary recourse to avoid any penalties.
In the case of litigation for long illnesses and service accidents
The working conditions within the public service directly impact the right of the administration. In this context, it is more and more common to reproach the employer for the nuisances and physical or psychological damage suffered. This situation enshrined in the term “imputability litigation” constitutes the causal link between the medical report and the exercise of the agent’s profession.
In practice, the civil service lawyer acts as legal counsel in the event of long illnesses or work accidents. The treatment of a public official on sick leave or on sick leave is strictly regulated by law. It could be :
- recovery times and conditions,
- statutory procedures for public service management centres,
- the procedure for alerting the health and safety committees,
- working conditions in the public service (CHSCT)…
The public advocate is able to deal effectively with all of these aspects.
For proof and compensation of moral harassment of a civil servant
Risk analysis and the proposal of preventive actions in terms of moral and sexual harassment are the responsibility of the CHSCT. However, the action of this structure is not always sufficient to prevent abuse, hence the advantage of referring to the legal provisions in terms of moral harassment in the public service.
The laws apply to all public officials. These include Council Directive No. 2000/78 of November 27, 2000 and Article 4 of Law No. 2008-496 of May 27, 2008. Their provisions also target non-tenured persons such as contract employees.
Administrative Lawyer intervenes to advise officers who are victims of harassment on the procedure to follow. His expertise offers him the possibility of providing an effective solution, from the assessment of the damage to the referral to the administrative court, including the drafting of the prior compensatory appeal.
How to find the lawyer who suits your needs?
To choose a civil service lawyer, the first solution is the word of mouth. However, it is rare to have such a professional in one’s immediate entourage. It is therefore advisable to obtain recommendations from a lawyer of your acquaintance.
Another trick is to get closer to the bar association by consulting the bar directory or by contacting them directly. It is also possible to use a client-lawyer matchmaking website to refine searches.
Since public law is a very vast sector, it is essential to take into account lawyer’s specialization targeted before contacting him. Several elements make it possible to ensure this:
- the professional’s website,
- the studies followed and diplomas obtained,
- presence in a selective professional ranking…
The most reliable way to ensure that a public law attorney suits your needs is to meet with them. It is thus possible to expose the details of the case during a preliminary interviewto have a first feedback from the specialist and to know the amount of his fees.
The Benefits of Having a Civil Service Lawyer With You
The Labor Code does not apply to contract agents, civil servants, temporary workers, soldiers, magistrates, hospital practitioners, state workers, etc. Consequently, the industrial tribunal is not competent in the event of disputes between agents. public and the administrations that employ them. The civil service lawyer is therefore in the best position to assist, advise and represent them.
Having a lawyer specializing in the civil service by your side makes it possible toimprove the chances of success and to carry out all procedures related to this area. He has the necessary knowledge to avoid procedural pitfalls that could render an appeal inadmissible.
The lawyer specializing in civil service law is familiar with the various texts in force and their updates. It thus facilitates the procedure before the courts. Thanks to his intervention, the judge can also order the public employer to reimburse his client’s lawyer’s fees.
What to expect when working with this specialist?
The civil service lawyer is a specialist in legal advice. Its primary mission is to advise litigants who request its expertise. By working with this specialist, the contract agent or official can expect to get a thorough analysis of your situation. He will then know whether he has an interest in initiating litigation.
The administration specialist also intervenes in proceedings before the Disciplinary Board. The public official incurs disciplinary sanctions that may affect the rest of his career. In this context, the public law lawyer helps him to read the file and to gather elements (testimonials and documents) to constitute his defense. He also prepares the agent’s written defense which will be analyzed by the Disciplinary Board.
This mediation expert helps his clients obtain an amicable settlement during an administrative dispute. He is also competent to represent them before the administrative court, the Administrative Court of Appeal and the Council of State.
The specialist in civil service law also brings his expertise to the State to carry out proceedings against an agent. Finally, his intervention aims to defend the public authorities against all accusations made by its employees.
Sources:
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
LAW n° 2008-496 of May 27, 2008 on various provisions for adaptation to Community law in the field of the fight against discrimination (1)
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