Décision judiciaire de Conseil d'Etat, 21 décembre 1994 (cas Conseil d'Etat, 1 SS, du 21 décembre 1994, 106219, mentionné aux tables du recueil Lebon)
Date de Résolution: | 21 décembre 1994 |
Juridiction: | Conseil d'etat |
Nature : | Décision |
Vu l'ordonnance en date du 20 mars 1989, enregistrée au secrétariat du Contentieux du Conseil d'Etat le 28 mars 1989, par laquelle le président du tribunal administratif de Paris a transmis au Conseil d'Etat, en application de l'article R. 81 du code des tribunaux administratifs et des cours administratives d'appel, la demande présentée à ce tribunal par le SYNDICAT NATIONAL C.G.T./ F.O. DES PERSONNELS DE L'AGENCE NATIONALE POUR L'EMPLOI ;
Vu la demande enregistrée au greffe du tribunal administratif de Paris le 3 février 1989, présentée par le SYNDICAT NATIONAL C.G.T./ F.O. DES PERSONNELS DE L'AGENCE NATIONALE POUR L'EMPLOI, dont le siège est ... et tendant à l'annulation pour excès de pouvoir de la note du directeur-adjoint au directeur général de l'agence nationale pour l'emploi, chargé de la formation et des affaires sociales, en date du 28 novembre 1988 relative à la formation par correspondance organisée par le centre national d'enseignement à distance ;
Vu les autres pièces du dossier ;
Vu le code du travail ;
Vu le décret n° 81-395 du 24 avril 1981 ;
Vu le code des tribunaux administratifs et des cours administratives d'appel ;
Vu l'ordonnance n° 45-1708 du 31 juillet 1945, le décret n° 53-934 du 30 septembre 1953 et la loi n° 87-1127 du 31 décembre 1987 ;
Après avoir entendu en audience publique :
- le rapport de Mlle Fombeur, Auditeur,
- les conclusions de M. Bonichot, Commissaire du gouvernement ;
Considérant que la note attaquée du directeur-adjoint au directeur général de l'agence nationale pour l'emploi, chargé de la formation et des affaires sociales, en date du 28 novembre 1988 ouvre à certains agents de cet établissement public la faculté de suivre entre le 1er février et le 30 mai 1989 une formation organisée par le centre national d'enseignement à distance, dont les résultats seront versés au dossier des intéressés ; que cette note, qui est relative à l'organisation du service de l'agence nationale pour l'emploi, ne porte en elle-même atteinte ni aux droits que ces agents tiennent des textes qui fixent leur statut, ni à leurs prérogatives ; qu'il suit de là qu'elle est, en principe, insusceptible de recours pour excès de pouvoir ;
Considérant, il est vrai, que le SYNDICAT NATIONAL C.G.T./ F.O. DES PERSONNELS DE L'AGENCE NATIONALE POUR L'EMPLOI soutient que le comité consultatif paritaire prévu par l'article 9 du décret du 24 avril 1981 n'a pas été consulté sur les questions faisant l'objet de la note attaquée, en...
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