Should the administrative authority take into consideration the family situation of a civil servant in the case of a transfer decided in the interest of the service?
The highest administrative court responded in the affirmative in its judgment of July 7, 2022. (Council of State, July 7, 2022, n°459456).
Indeed, the Council of State has 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 into account the family situation of civil servants before to pronounce 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, mainly involved in civil service law, will be able to assist you in your approach to the administrative court or your administration in order to assert your family situation in the context of your transfer.
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