The family situation of a civil servant in the context of a transfer

Must the administrative authority take a civil servant’s family situation into consideration when ordering a transfer in the interest of the service?

The highest administrative court answered in the affirmative in its judgment of 7 July 2022 (Council of State, 7 July 2022, no. 459456).

Indeed, the Council of State recalled in its case law that Articles L. 512-18 and L. 512-19 of the General Civil Service Code provide that the administrative authority must take civil servants’ family situations into account before ordering their transfer, including when the transfer is decided in the interest of the service.

Otherwise, the decision may be subject to annulment.

Maître Josselin BERTELLE, who primarily practises in public service law, can assist you in your proceedings before the Administrative Court or your administration in order to ensure that your family situation is taken into account in the context of your transfer.