The administrative court of Melun on Thursday ordered the mayors of several towns in Val-de-Marne to apply the law on the 35-hour weekly working week to their agents within 120 days, according to a decision consulted by AFP.

In early February, the prefect of Val-de-Marne, Sophie Thibault, had summoned ten towns in the department for their lack of deliberation in municipal council on working time, despite the change in legislation on January 1 for municipalities.

She had requested in summary proceedings the application of this law within 40 days, as ordered by the administrative court of Montreuil to five communist cities of Seine-Saint-Denis.

Several communist cities targeted

Passed in 2019, the civil service transformation law imposes the application of the 35-hour week to all civil servants, i.e. 1,607 hours of effective work per year.

This provision implies the abolition of derogatory regimes, more favorable on working time, in place in certain administrations.

The summary of the administrative court of Melun targets in particular the communist cities of Ivry-sur-Seine, Vitry-sur-Seine, Bonneuil-sur-Marne, Villejuif, Fontenay-sous-Bois, Gentilly, Chevilly-la-Rue.

For five municipalities out of the 10, the judge rejected the prefecture's request because the communities have undertaken to deliberate on specific dates to comply with the law.

The judge considered that "despite the delay observed, the adaptation process, which involves a long procedure due to the consultation of staff, the reorganization of services and the vote of the deliberative assembly, was effectively initiated and that 'there was consequently no sufficiently characterized decision of refusal of application'.

In a press release, the prefecture indicated that it will ensure "that each of these communities deliberates on the dates indicated".

The Council of State seized

Regarding the other five municipalities, the court considered that "there were real decisions of refusal, which it suspended" and ordered the mayors to deliberate within four months.

"It's a half-victory, it's more of a positive judgment, it's quite surprising because the prefect asked for 40 days, the judge does not follow the State in its requests, it is not trivial, "said reacted to AFP the communist mayor of Ivry-sur-Seine, Philippe Bouyssou.

"We are satisfied with this decision which will give us time to work to deliberate and give hope to the agents to relaunch the mobilization and obtain a step back from the government", he added.

The prefect stressed Thursday that "in a state of law, it is up to everyone and particularly to local authorities to comply with the law".

In addition, the court transmitted to the Council of State a priority question of constitutionality, raised by certain municipalities and calling into question the conformity of this law with the constitutional principle of free administration of local authorities.

“We have succeeded in moving a debate that the government wanted only administrative to the political field”, commented on Twitter Denis Öztorun Ömür, the mayor of Bonneuil.

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