Suppression des fonctions du chef de service par suite de la disparition du service, pas de consultation préalable

Il arrive parfois aux établissements de se réorganiser. Les réorganisations entraînent quelquefois des victimes collatérales. Parmi ces dernières a compté un chef de service qui s’est insurgé contre le sort qui lui était réservé.

C’est ce dont il ressort de la décision du conseil d’État en date du 30 mars 2009 ((CE, 30 mars 2009, Bressot, n°292482.)). En effet, par délibération du 19 décembre 2002, le conseil d’administration du centre hospitalier spécialisé de Vals-les-Bains a décidé une nouvelle organisation du centre hospitalier à compter du 1er mars 2003, comptant notamment la suppression du service de diabétologie-nutrition de quarante lits placé sous la responsabilité de M. BRESSOT, praticien hospitalier (PH) à temps partiel et chef dudit service.

La suppression de ce service avait été préparée avec le directeur d’établissement par le président de la commission médicale d’établissement (CME) et avait fait l’objet d’une consultation du comité technique d’établissement (CTE), nonobstant l’absence du procès-verbal de la délibération par laquelle le CTE avait émis son avis.

Le praticien insatisfait a fait valoir devant le tribunal administratif compétent que l’arrêté du 1er décembre 2003 par lequel le directeur de l’ARH a mis fin avant leur terme à ses fonctions de chef de service :

  • n’avait pas été précédé par des consultations qui auraient été exigées par les dispositions de l’article L. 6146-3 du code de la santé publique ;
  • aurait été entaché d’incompétence pour n’avoir pas été pris par le ministre de la Santé.

Le conseil d’État a jugé ces moyens inopérants dès lors que l’autorité administrative était tenue de mettre fin aux fonctions de chef de service du requérant en raison de la suppression du service qui avait été placé sous sa responsabilité. Ces moyens doivent être écartés pour ce motif, qui n’implique aucune appréciation de fait et doit être substitué d’office à celui qui a été retenu dans le jugement du tribunal administratif (TA), dont il justifie légalement, sur ce point, le dispositif.

Traduisez : le TA a eu raison, mais pas pour la bonne raison que je lui substitue.

Des questions se posent néanmoins au regard de la position de la haute juridiction : la solution aurait-elle été exactement identique si le PH avait été à temps plein ? Le problème se serait-il posé de la même façon et avec la même acuité avec la présence récente du centre national de gestion des praticiens hospitaliers et des personnels de direction de la fonction publique hospitalière ?

Omar YAHIA

This Post Has 698 Comments

  1. I read this article fully on the topic of the
    comparison of hottest and preceding technologies, it’s amazing
    article.

  2. here are some links to web pages that we link to mainly because we assume they may be really worth visiting

  3. Keep this going please, great job!

  4. tech forum dit :

    here are some hyperlinks to web sites that we link to due to the fact we assume they are worth visiting

  5. foam product dit :

    Magnificent beat ! I would like to apprentice while you amend your site,
    how could i subscribe for a blog website? The account helped me a acceptable deal.
    I had been a little bit acquainted of this your broadcast offered bright clear idea

  6. Hey, I simply hopped over to your website by way of StumbleUpon. No longer one thing I’d normally learn, but I preferred your thoughts none the less. Thanks for making one thing worth reading.

  7. check below, are some totally unrelated internet websites to ours, having said that, they may be most trustworthy sources that we use

  8. Allan dit :

    This is really interesting, You are a very skilled blogger.

    I’ve joined your feed and look forward to seeking more of your fantastic post.
    Also, I have shared your website in my social networks!

  9. Wonderful story, reckoned we could combine a couple of unrelated information, nevertheless seriously worth taking a look, whoa did one learn about Mid East has got extra problerms too

  10. You actually make it seem so easy with your presentation but I find this
    matter to be actually something that I think I would never understand.

    It seems too complicated and very broad for me.
    I am looking forward for your next post, I’ll try to get the
    hang of it!

  11. although internet sites we backlink to below are considerably not connected to ours, we really feel they are essentially worth a go through, so have a look

  12. If you want to take a good deal from this paragraph then you
    have to apply these strategies to your won webpage.

  13. Dpf dit :

    Dpf

    […]Here is a good Blog You might Obtain Fascinating that we Encourage You[…]

  14. Excellent article. I am facing some of these issues as well..

  15. I do not know if it’s just me or if everyone else encountering issues with your
    website. It seems like some of the written text within your posts are
    running off the screen. Can someone else please comment and let me know if this is happening to them
    as well? This may be a problem with my internet browser because I’ve had this
    happen before. Thank you

  16. Wonderful story, reckoned we could combine several unrelated information, nonetheless really really worth taking a look, whoa did 1 study about Mid East has got more problerms as well

  17. Wonderful story, reckoned we could combine several unrelated data, nonetheless actually worth taking a appear, whoa did 1 find out about Mid East has got more problerms as well

  18. Yes! Finally something about home business.

  19. I’m extremely impressed with your writing skills as well as with the layout on your weblog.
    Is this a paid theme or did you modify it yourself?
    Either way keep up the excellent quality writing, it’s rare to see
    a great blog like this one nowadays.

  20. I quite like reading a post that will make people think.
    Also, thanks for allowing for me to comment!

  21. Angeles dit :

    Awesome post.

  22. Melina dit :

    Hey I know this is off topic but I was wondering
    if you knew of any widgets I could add to my blog that automatically tweet
    my newest twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would have
    some experience with something like this. Please let me know if you run into anything.
    I truly enjoy reading your blog and I look forward to your new updates.

  23. Kids’ Costumes

    […]always a massive fan of linking to bloggers that I adore but do not get quite a bit of link love from[…]

  24. Fantastic items from you, man. I have bear in mind your
    stuff previous to and you’re just too wonderful.
    I actually like what you’ve got right here, certainly like what
    you’re saying and the best way through which you are saying it.
    You are making it enjoyable and you continue to take
    care of to stay it smart. I can not wait to read far more from
    you. That is really a tremendous site.

  25. Solar Stairs Light

    […]usually posts some extremely exciting stuff like this. If you are new to this site[…]

  26. What’s up to every one, since I am genuinely eager of reading
    this weblog’s post to be updated on a regular basis.
    It contains pleasant material.

  27. talk money dit :

    Please let me know if you’re looking for a article author for your blog.

    You have some really great posts and I feel I would be a good asset.
    If you ever want to take some of the load off, I’d really like to write
    some content for your blog in exchange for
    a link back to mine. Please shoot me an email if interested.
    Regards!

  28. Chester dit :

    Nice respond in return of this question with firm arguments and explaining the
    whole thing regarding that.

  29. usually posts some really interesting stuff like this. If you are new to this site

  30. Nigel dit :

    Hey there, I think your site might be having browser compatibility issues.
    When I look at your blog site in Opera, it looks fine but when opening in Internet Explorer,
    it has some overlapping. I just wanted to give you a quick heads up!
    Other then that, very good blog!

  31. You could definitely see your skills in the work you write.
    The sector hopes for even more passionate writers like you who aren’t afraid to say how they believe.
    At all times follow your heart.

  32. Berber carpet dit :

    we came across a cool web site that you simply could delight in. Take a appear when you want

  33. This website was… how do you say it? Relevant!! Finally I’ve found something that
    helped me. Thanks a lot!

  34. Superb, what a webpage it is! This web site presents useful data to us, keep it up.

  35. Christie dit :

    Have you ever considered publishing an e-book or guest authoring on other sites?
    I have a blog based on the same subjects you discuss and would
    really like to have you share some stories/information. I know my audience would appreciate your
    work. If you’re even remotely interested, feel free to send me an email.

  36. Tracee dit :

    Valuable info. Fortunate me I found your site accidentally,
    and I am surprised why this accident did not took place in advance!
    I bookmarked it.

  37. Hi there, I believe your blog could be having browser
    compatibility issues. When I look at your site in Safari, it
    looks fine but when opening in Internet Explorer, it’s got some overlapping issues.
    I simply wanted to provide you with a quick heads up!
    Besides that, excellent site!

  38. Thank you for this great piece of content. Best Regards

  39. Trina dit :

    If you would like to obtain a great deal from this article then you have to apply these methods to your
    won web site.

  40. Sites of interest we have a link to

  41. Emely dit :

    Definitely believe that which you said. Your
    favorite reason appeared to be on the net the simplest thing to
    be aware of. I say to you, I certainly get irked while people
    consider worries that they just don’t know about.
    You managed to hit the nail upon the top and also defined out the whole thing
    without having side effect , people can take a signal. Will probably be back to get more.
    Thanks

  42. Brigette dit :

    Hi there, I enjoy reading all of your article. I wanted
    to write a little comment to support you.

  43. Brenna dit :

    What’s up friends, fastidious article and good urging commented here, I am really enjoying by these.

  44. the time to read or check out the subject material or web-sites we have linked to beneath the

  45. Kian dit :

    Informative article, exactly what I wanted to find.

  46. although internet sites we backlink to below are considerably not related to ours, we feel they’re truly worth a go via, so have a look

  47. Dean dit :

    Touche. Great arguments. Keep up the great spirit.

  48. Hey there! Would you mind if I share your blog with my myspace group?
    There’s a lot of people that I think would really enjoy your
    content. Please let me know. Cheers

  49. Amazing! Its really remarkable paragraph, I have got
    much clear idea about from this paragraph.

  50. Thanks for sharing such a pleasant idea, post is pleasant,
    thats why i have read it fully

  51. Articles kz dit :

    This is something that will need all of our combined efforts to address.

  52. Generally I don’t learn post on blogs, but I would like to say that this write-up
    very compelled me to try and do so! Your writing style has been surprised
    me. Thanks, quite nice article.

  53. I think this is among the most important info for me. And i’m glad reading
    your article. But should remark on few general things,
    The web site style is perfect, the articles is really excellent
    : D. Good job, cheers

  54. SheIn coupon dit :

    I was just looking for this information for some time. After six hours of continuous Googleing, at last I got it in your website. I wonder what is the lack of Google strategy that don’t rank this type of informative sites in top of the list. Generally the top web sites are full of garbage.

  55. chat site dit :

    chat site

    […]the time to read or pay a visit to the content material or web-sites we have linked to beneath the[…]

  56. very handful of sites that occur to become detailed beneath, from our point of view are undoubtedly properly worth checking out

  57. here are some hyperlinks to internet sites that we link to simply because we feel they are really worth visiting

  58. Howdy! I could have sworn I’ve visited this web site before but after looking at many of the articles I realized it’s
    new to me. Anyways, I’m definitely delighted I
    discovered it and I’ll be book-marking it and checking back regularly!

  59. cold virus dit :

    Hi! I know this is kind of off topic but I was wondering if you knew where I
    could get a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m
    having problems finding one? Thanks a lot!

  60. except credit dit :

    What’s up every one, here every one is sharing
    such knowledge, thus it’s nice to read this blog, and I used
    to pay a quick visit this web site daily.

  61. just beneath, are numerous completely not related internet sites to ours, nonetheless, they may be certainly worth going over

  62. dental x-ray dit :

    check beneath, are some absolutely unrelated web sites to ours, nevertheless, they may be most trustworthy sources that we use

  63. I’ll immediately seize your rss feed as I can not find your e-mail subscription hyperlink or newsletter service.
    Do you’ve any? Kindly permit me realize so
    that I could subscribe. Thanks.

  64. What’s up, its good piece of writing regarding media print, we
    all be familiar with media is a fantastic source of data.

  65. that would be the finish of this post. Here youll come across some web pages that we feel you will enjoy, just click the hyperlinks over

  66. Hello! I could have sworn I’ve been to your blog
    before but after going through a few of the posts I
    realized it’s new to me. Anyhow, I’m definitely delighted I stumbled upon it and I’ll be bookmarking it
    and checking back frequently!

  67. home security dit :

    I am not sure where you’re getting your info, but good
    topic. I needs to spend some time learning more or understanding more.
    Thanks for fantastic info I was looking for this info for my mission.

  68. Nevertheless, it’s all carried out with tongues rooted solidly in cheeks, and everybody has got nothing but absolutely love for their friendly neighborhood scapegoat. In reality, he is not merely a pushover. He is simply that extraordinary breed of person solid enough to take all that good natured ribbing for what it really is.

  69. Hi there, I check your new stuff regularly. Your
    humoristic style is awesome, keep doing what you’re doing!

  70. just beneath, are various entirely not connected websites to ours, even so, they are surely worth going over

  71. very handful of sites that take place to become in depth beneath, from our point of view are undoubtedly very well really worth checking out

  72. Very nice post. I just stumbled upon your blog and wanted to say that I
    have really enjoyed browsing your weblog posts.
    After all I’ll be subscribing on your feed and
    I am hoping you write again soon!

  73. Hi there! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be fantastic if you could point me in the direction of a good platform.

  74. business plan dit :

    Howdy! This is my first visit to your blog! We are a team of volunteers and
    starting a new project in a community in the same niche.
    Your blog provided us beneficial information to work on. You have done a outstanding job!

  75. financial aid dit :

    If you want to obtain a good deal from this piece of writing then you have to apply these strategies to your won web site.

  76. Very good info. Lucky me I discovered your website by chance (stumbleupon).
    I’ve book-marked it for later!

  77. Louella dit :

    Hey I know this is off topic but I was wondering if you knew
    of any widgets I could add to my blog that automatically tweet my newest
    twitter updates. I’ve been looking for a plug-in like this for quite
    some time and was hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything.
    I truly enjoy reading your blog and I look forward to your new updates.

  78. Jewel dit :

    Sweet blog! I found it while browsing on Yahoo News.
    Do you have any tips on how to get listed in Yahoo News?
    I’ve been trying for a while but I never seem to get there!
    Many thanks

  79. Aw, this was a very nice post. Spending some time and actual effort to create a superb article… but what can I say… I procrastinate a lot and don’t seem
    to get nearly anything done.

  80. Emma dit :

    I like the valuable information you provide on your articles.
    I will bookmark your blog and check again here frequently.
    I’m fairly certain I’ll be informed plenty of new stuff right here!

    Best of luck for the next!

  81. I discovered your weblog site on google and check some of your early posts. Continue to maintain up the very beneficial operate. I just further up your RSS feed to my MSN News Reader. Seeking forward to reading a lot more from you later on!

  82. Hi! I’m at work browsing your blog from my new iphone 4!

    Just wanted to say I love reading through your blog and look forward to all your
    posts! Keep up the fantastic work!

  83. Very great post. I simply stumbled upon your blog and wanted to mention that I’ve truly loved browsing
    your blog posts. In any case I will be subscribing in your
    rss feed and I am hoping you write again soon!

  84. credit card dit :

    Excellent way of explaining, and pleasant post to obtain information regarding my presentation subject, which i
    am going to convey in institution of higher education.

  85. business plan dit :

    Helpful info. Fortunate me I found your website by accident, and I’m surprised why this accident did not took place in advance!
    I bookmarked it.

  86. check beneath, are some completely unrelated sites to ours, on the other hand, they may be most trustworthy sources that we use

  87. credit based dit :

    Hi my loved one! I wish to say that this article is awesome, nice written and include almost all
    significant infos. I’d like to peer extra posts like this .

  88. below you will locate the link to some websites that we believe you should visit

  89. book hotel discount

    […]The details talked about in the post are a few of the most beneficial out there […]

  90. I do not even understand how I ended up right here, but I believed this submit was good.
    I don’t know who you’re however certainly you are going to a
    well-known blogger if you happen to aren’t already. Cheers!

  91. Wonderful story, reckoned we could combine a number of unrelated data, nevertheless truly worth taking a search, whoa did a single master about Mid East has got far more problerms also

  92. Wonderful story, reckoned we could combine a few unrelated data, nevertheless seriously worth taking a search, whoa did one discover about Mid East has got additional problerms too

  93. white morkie dit :

    Here is a great Weblog You may Discover Exciting that we Encourage You

  94. funeral home dit :

    Hello mates, how is everything, and what you wish
    for to say concerning this piece of writing, in my view its really remarkable designed
    for me.

  95. Florene dit :

    Your way of describing all in this article is actually fastidious,
    all be able to easily be aware of it, Thanks a lot.

  96. sexdoll dit :

    please check out the sites we stick to, including this one particular, because it represents our picks in the web

  97. I really like your blog.. very nice colors & theme.

    Did you make this website yourself or did you hire someone
    to do it for you? Plz answer back as I’m looking to construct
    my own blog and would like to know where u got this from.
    thanks a lot

  98. Woh I enjoy your content , saved to bookmarks!

Leave A Reply