Conditions for Detachment of Military Personnel to Civil Public Administrations Set Forth

✏️ By: Dr. Hana Saada

Algiers, Algeria | July 15th, 2024 — The presidential decree No. 24-218, dated June 27, 2024, has been published in the Official Gazette No. 46. This decree outlines the conditions and procedures for the placement of career and contractual military personnel in detachment positions within civil public administrations. Signed by President Abdelmadjid Tebboune, the decree provides a detailed framework based on articles 87 and 88 of ordinance No. 06-02 of February 28, 2006, which defines the general status of military personnel.

Definition and Application Process

The decree specifies that detachment is a statutory position where career and contractual military personnel are assigned outside the constituent bodies of the People’s National Army to serve in a civil public administration role. This placement occurs upon request from the responsible authority of the relevant civil public administration to the Minister of National Defense. The request must detail the nature and sensitivity level of the job, its classification, and the required military and/or security qualifications.

Decision and Termination

The placement decision is made by the Minister of National Defense and can only be terminated in the same manner. Detachment occurs only once in a military career. Termination can be automatic at the end of the detachment period, initiated during the period by the Minister of National Defense or the head of the civil public administration, or at the request of the detached military personnel with the Minister’s approval.

Duration and Renewal

The detachment period is set at one year, renewable up to a maximum of three years. Extensions beyond this period require the Minister of National Defense’s approval. For general officers and senior officers assigned to strategic and sensitive state functions, prior approval from the President of the Republic is required.

Role Compatibility and Notification

The decree mandates that the detachment role must align with the grade and previous position of the military personnel. Appointments and installation reports for detached personnel occupying high-level positions must be promptly notified to the Ministry of National Defense. Equivalence in the classification of roles between civil public administrations and the Ministry of National Defense is established by the Minister of National Defense.

Restrictions and Career Management

Military personnel in detachment cannot be transferred to other civil roles without prior approval from the Minister of National Defense. Their career management, including promotions, decorations, and training, continues to be handled by the Ministry of National Defense. Administrative oversight related to their military status is specified by ministerial order.

Statutory Obligations and Benefits

Detached military personnel remain subject to all statutory military obligations and applicable legislative and regulatory provisions. They must also comply with the regulations of the host civil public administration. They retain access to the Ministry of National Defense’s social services, medical care, and benefits. International travel requires prior authorization from the Minister of National Defense, while domestic travel follows the host administration’s procedures.

Discipline and Remuneration

Any disciplinary infractions or professional breaches by detached military personnel are reported to the Minister of National Defense. They are remunerated according to military regulations and receive additional benefits from the host administration. Service years in detachment are counted towards their total service duration and seniority.

Training and Evaluation

Detached military personnel may receive short-term training funded by the Ministry of National Defense, subject to approval from the host administration. They may also participate in relevant scientific events, seminars, and training organized by either the Ministry of National Defense or the host administration. Regular evaluations are conducted by the host administration, with annual reports submitted to the Minister of National Defense.

Specific Provisions

Specific conditions and management procedures for detachment to structures under the Presidency of the Republic are determined by a special text. This comprehensive framework ensures that military personnel assigned to civil roles are effectively integrated while maintaining their military status and benefits.

 

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