Key Benefits:
Prime Minister,
On the report of the Minister of National Education,
In view of the code of education, in particular Articles L. 719-10 and L. 741-1;
In view of the Decree of 25 October 1935 establishing the financial control of the autonomous public offices and institutions of the State;
In view of Decree No. 53-1227 of 10 December 1953 Relating to the accounting rules applicable to national public institutions of an administrative nature, together with Decree No 62-1587 of 29 December 1962 on the general regulation on public accounting;
In the light of Decree No 88-146 of 15 February 1988 as amended relating to the commissions of specialists in higher education;
In light of the amended Decree No. 90-437 of 28 May 1990 on the conditions and procedures for the settlement of the costs of the movement of civilian personnel On the metropolitan territory of France when they are responsible for the budgets of the State, national administrative institutions and certain subsidised bodies;
In view of Decree No. 92-70 of 16 January 1992 The National Council of Universities, as amended by Decree No. 95-489 of 27 April 1995 and by Decree No. 97-1122 of 4 December 1997;
In the light of Decree No. 92-681 of 20 July 1992 on revenue authorities and imprest accounts Public bodies;
In view of Decree No. 2000-764 of 1 August 2000 laying down the conditions under which public institutions of higher education may transact and resort to arbitration;
In the opinion of the National Council of Higher education and research as of January 21, 2002,
Describes:
The Nîmes university centre for training and research is a public institution of higher education with administrative character under the supervision of the minister responsible for higher
. Seat is in Nîmes.
The rules governing the organization and operation of the Nîmes university centre for training and research are laid down by this Decree and by the rules of procedure of the Centre.
The establishment is intended to be attached to one or more public institutions of a scientific, cultural and professional nature, in application of Article L. 719-10 of the Education Code.
The mission of the university centre is to provide initial training. General and professional higher education. It can also carry out research activities and carry out in-service training.
The centre organises training courses for the various national higher education diplomas. These national diplomas are awarded by public institutions of a scientific, cultural and professional nature under conditions laid down by convention.
Specialist panels to decide on the recruitment of teachers from the Nîmes University Training and Research Centre may be common to the Centre and the connecting institution. In the case where they are common, they shall be constituted by agreement, in accordance with the provisions of Article 2 of the decree of 15 February 1988.
The Nîmes university centre for training and research has for the performance of its missions, personnel, equipment, premises and credits from the State, local and regional authorities Or any other public or private body, as well as resources from the activities of the institution
Nîmes University Centre for Training and Research is administered by a board of directors assisted by a scientific council. It is headed by a director who is responsible for the management of the institution. The Director is assisted by a Corporate Secretary and Assistant Directors.
The University Training and Training Centre Searching for Nîmes is structured in departments and as a need in services.
The Director is appointed for a Three years, by order of the Minister responsible for higher education, on a list of three names submitted by the Board of Directors. He is chosen from among those who are intended to teach at the Nîmes University Center for Training and Research in accordance with the Education Code. Its term of office shall be renewable once.
The Secretary-General shall be appointed by order of the Minister responsible for higher education on the proposal of the Director.
The Director shall appoint the Assistant Directors after consulting the Board Administration.
The Board of Directors of the Nîmes Research and Training Centre includes: Forty members broken down as follows:
Eight members of the law:
-three presidents or directors of scientific, cultural and professional institutions or their representatives, designated by the Academy Rector;
-one Director of the university institute of technology or its representative, appointed by the academy rector;
-the director of the university institute for the training of the masters of the Montpellier Academy or its representative;
-the president of the Regional Council Languedoc-Roussillon or its representative;
-the President of the General Council of the Gard or his representative;
-the Mayor of the City of Nîmes or his representative.
Six external personalities designated by the President Academy, including two representatives of economic and social organizations, representing employers' organizations and a representative of employee organizations.
Twenty-six members elected by college:
-seven representatives from the University professors and related staff in accordance with the provisions of Article 6 of the Decree of 16 January 1992 mentioned above:
-seven representatives of the other teaching-researchers and staff assimilated under the provisions of the Article 6 of the aforementioned decree of 16 January 1992 and of other teachers, including four representatives of the lecturers and three representatives of the other teachers elected by separate colleges;
-six representatives of staff Engineers, Administrative, Technical, Workers, Social, Health and Service;
-six user representatives.
The Board of Directors shall elect a two-round first-past-the-post and for a three-year term of office, a chairperson from outside the board of directors shall be elected. A Vice-Chairperson shall be appointed under the same conditions. The President shall act as President in the event of the temporary incapacity of the President.
The President shall ensure that the Centre carries out its tasks and, in particular, the development of its links with the institutions and bodies
The Rector of the Academy or its representative, the Director, the Secretary General, the Assistant Directors, the Accounting Officer attend the sessions with an advisory voice.
The Chair of the Board May invite to attend the meetings of the Board, with a consultative voice, any person whose presence appears to it to be useful.
The Board of Directors meets at least twice a year, upon convocation by its Chairperson; in addition, it may meet in extraordinary session and on a specific agenda at the initiative of its Chairperson or at the request of At least half of its members or the director of the centre. The agenda, drawn up by the President, shall be notified to the members of the Board at least eight days in advance.
The Board of Directors shall be validly registered if half of the current members are present or represented. However, in budgetary and statutory matters, the Board of Directors is validly deliberating if half of its members are present. If the quorum is not reached at the opening of the sitting, the Council shall be reconvened on the same agenda within 15 days and may validly sit, irrespective of the number of members present or represented
Shall be taken by a majority of the members present or represented. The Speaker's voice is paramount in the event of an equal sharing of votes.
A prevented member may give power of attorney to another member. No member can receive more than two proxies.
The Board of Directors can create all the commissions Useful consultants. It designates its members and defines its missions.
The Scientific Council consists of thirty-two members.
Eight Members of law:
-three chairpersons or directors of scientific, cultural and professional institutions or their representatives, appointed by the Academy's rector;
-a director of a university institute of technology Or his representative, appointed by the Rector of the Academy;
-the Director of the University Institute for the Training of Masters of the Academy of Montpellier or his representative;
-the President of the Regional Council Languedoc-Roussillon or his Representative;
-the Chairman of the General Council of the Gard or his representative;
-the Mayor of the City of Nîmes or his representative.
Eight external personalities:
-a representative appointed by each of the three scientific councils Public institutions of a scientific, cultural and professional nature;
-the regional representative of the CNRS or his representative;
-the director of the CEA VALRHO or his representative;
-the President of AGROPOLIS or his representative;
- Two scientific personalities nominated by the elected and appointed members of the Scientific Council.
Sixteen members elected by college:
-six representatives of university professors and staff assimilated in application of the Provisions of Article 6 of the Decree of 16 January 1992 referred to above;
-six representatives of the other teaching-researchers and staff assimilated under the provisions of Article 6 of the aforementioned Decree of 16 January 1992 and of the others Teachers;
-two representatives of engineering, administrative, technical, labour, social, health and service personnel;
-two representatives of students enrolled in post-licensing courses.
The Chair of the Board Is elected by and among the members of the Board on the basis of its scientific expertise, in the two-round first-past-the-post electoral event for a renewable four-year term.
The Scientific Council meets on convocation by its President at least twice a year under the same conditions as the Board of Directors.
Board Members Shall be elected or appointed for a term of four years with the exception of representatives of users with a term of office of two years.
Members' terms of reference cease when they lose the quality under which they were elected or appointed.
When a member of a council elected in a manner of voting The candidate of the same list shall be replaced, for the remainder of the term of office, by the candidate of the same unelected list having obtained the most votes. If panachage is not allowed, it is replaced under the same conditions by the candidate from the same list immediately after the last elected candidate.
Voters and eligible for the Board of Directors and the Scientific Council in the college corresponding to their rank or category:
1 ° Teachers, Teacher-researchers and assimilated staff assigned to the Nîmes university centre for training and research who provide at least one fifth of their reference service obligations;
2 ° Academic and personal teaching staff Assimilated in other establishments that provide at least one fifth of their reference service obligations;
3 ° Other teaching staff who provide the Nîmes Research and Training Centre at the Less than forty annual teaching hours;
4 ° The engineers, administrative, technical, workers, social, health and service personnel who provide the Nîmes university centre for training and research at least equal to A half time;
5 ° Users who are regularly registered at the Nîmes Research and Training Centre.
Representatives of staff are elected from the list in a round with proportional representation at the highest level remaining, panachage and the possibility of incomplete lists.
Users' representatives are elected on the same terms
The Center's rules of procedure set out how these provisions can be applied.
The Electoral events are secret. No one may take part in the vote if he or she is not on an electoral list. Voters may exercise their right to vote by correspondence.
The Director of the Nîmes University Centre for Training and Research is responsible for the organization of electoral operations. It shall fix, at least one month before the date of the election, the date of the elections. He shall be assisted by an election commission, whose composition shall be fixed. The Director shall proclaim the results of the voting.
The rules of procedure shall lay down the procedures for the application of these provisions.
Any elector as well as the director of the centre and the rector may invoke the irregularity or nullity of the election operations before the administrative court of the jurisdiction.
A disciplinary section is constituted under the conditions laid down in Article L. 741-1 of the Education Code
The Board of Directors determines the general policy of the University Training Centre And search for Nîmes within the framework of applicable national legislation and regulations.
In particular, it deliberates on:
1. Guidance on training and on external cooperation policy;
2. The organization and operation of the centre;
3. The general organization of studies;
4. The budget, its amending decisions and the financial account;
5. The Centre's rules of procedure and educational regulations;
6. Acquisition, disposals and exchange of buildings and the acceptance of donations and bequests;
7. Borrowings;
8. Contracts, conventions or contracts that must be submitted to it for approval;
9. The determination and the rate of royalty and remuneration of all kinds that are collected by the centre, with the exception of user fees;
10. Legal actions and transactions as well as recourse to arbitration in cases of disputes arising from the execution of contracts with foreign agencies;
11. Structuring the center into departments and services
It allows the Director to bring the actions to court.
The Director directs the Nîmes University Training and Research Centre within the direction set out by the Board of Directors to which it is accountable for its management
Following:
1. It represents the university education and research centre of Nîmes in court and in all acts of civil life;
2. It prepares the budget for the centre, its modifications and executes it;
3. It prepares and executes the deliberations of the board of directors;
4. It is responsible for the revenue and expenditure of the centre;
5. It has authority over all staff in the centre and appoints to all functions for which no other authority has received appointment authority;
6. He is responsible for maintaining order within the centre;
7. It distributes the services after the opinion of the educational teams;
8. It concludes contracts, conventions and contracts;
9. It is responsible for the organisation of electoral operations;
10. It shall establish examination boards and distribute the teaching services; it shall appoint the chairmen of the jury in agreement with the presidents of the establishments concerned by the clearances;
11. It proposes to the Board the creation of departments and services within the centre.
The Director may delegate his signature to the Secretary General and to the Assistant Directors.
The Scientific Council proposes to the Board of Directors the guidelines for research after consultation with higher education institutions In accordance with the arrangements laid down in the connecting agreements. It proposes the allocation of research funding. It is consulted on research agreements and on applications for third-cycle clearance. It shall deliver an opinion on the structuring of the centre into departments and services.
Subject to the provisions of the Article 31 below, the deliberations of the Board of Directors shall be binding within 15 days after the receipt of the minutes by the Academy Rector, unless the Board authorizes its immediate execution. Within this period, the Rector of the Academy may object to the execution of a deliberation and ask the Council to deliberate again. It may proceed to the annulment of a discharge which it considers irregular within a period of one month from the date on which it has reported its opposition. If no decision is taken within this period, the opposition shall be lifted in full
The financial and accounting system laid down by the decrees of 10 December 1953 and 29 December 1962 referred to above and by Article 60 of the Finance Act of 23 February 1963 on the liability of accountants is applicable to the Center.
The Nîmes University Center for Training and Research is subject to financial control by the State Established by the aforementioned decree of 25 October 1935. This control shall be carried out by a financial controller, placed under the authority of the Minister responsible for the budget. The arrangements for financial control shall be defined by the joint decree of the Minister responsible for the budget and the Minister for National Education.
The accounting officer for the Nîmes University Training and Research Centre is appointed by a joint decree of the minister responsible for the budget and the minister responsible for higher education. By convention, the accounting officer of a scientific, cultural and professional institution of attachment may be charged by the addition of a service of the centre's accounting management, by the joint decree of the minister responsible for Higher education and the minister responsible for the budget on the proposal of the director of the centre.
On the proposal of the Director of the Nîmes Research and Training Centre and the agreement of the President of the connecting institution, The accounting officer may carry out the tasks of chief financial officer of the centre.
University resources Nîmes training and research include:
The means delegated by the state;
The grants and assistance funds of the State, the public authorities and any public or private bodies;
Payments and contributions Users;
Resources derived from its ongoing training activities, congresses, symposia and events that the Centre organizes;
Research products, publications, operations, or assignments Patents and, in general, the proceeds of the activities of the centre;
Income from donations and bequests and the participation of employers in the financing of the first technological and vocational training, or training Permanent professional;
And, in general, all revenue authorized by laws and regulations.
Expenses include operating and equipment costs and, possibly, personal expenses at the Nîmes University Centre for Training and Research, recruited in accordance with the legislation; and And any expenses that are necessary for the operation of the Centre.
Revenue Authorities And advances may be created at the Nîmes university centre for training and research under the conditions laid down in the decree of 20 July 1992 mentioned above. The manager is appointed by the manager with the approval of the accounting officer.
Budget and decision-making projects Amendments are communicated to the Rector 15 days prior to submission to the Board of Directors.
Budget deliberations shall be deemed to be approved if the President of the Academy has not made known his or her refusal to approve them Within 15 days after the receipt of the minutes. In the event of a refusal of approval, the Management Board shall have a period of one month to re-open. In the absence of further deliberation or when the budget or its modifications are not adopted in real equilibrium or when the financing of a compulsory expenditure is not provided for, it shall be adopted by the Academy Rector. The budget is due to be adopted on 1 March. Otherwise, it shall be terminated by the Rector.
The deliberations on borrowings shall be subject to the approval of the Minister responsible for higher education and for the budget
Elections to Councils will be held within a maximum of four months after the publication of this Order. During this period, the powers of the Administrative Board shall be exercised by a provisional council appointed by the Rector of the Academy of Montpellier, Chancellor of the
. Rules of procedure for the establishment of the institutions necessary for the operation of the Nîmes University Training and Research Centre.
From the beginning of the academic year 2002, the Nîmes university centre for training and research may be responsible for the administration and management of movable and immovable property acquired by the Public institutions of a scientific, cultural and professional nature and the local authorities referred to in this Decree, or property assigned to or made available to them by the State. Agreements between the Nîmes University Training and Research Centre and the institutions, the communities, the State may specify the procedures for applying the preceding paragraph.
The Minister of Economy, Finance and Industry, the Minister of National Education, the Minister of Public Service and State Reform, The Minister for Research, the Minister for Vocational Education and the Secretary of State for the Budget shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the Republic French.
Done at Paris, April 16, 2002.
Lionel Jospin
By the Prime Minister:
Le Minister of National Education,
Jack Lang
Minister of Economy,
Finance and Industry,
Laurent Fabius
The Minister for Public Service
and State Reform,
Michel Sapin
The Minister of Research,
Roger-Gérard Schwartzenberg
Associate Minister
with Professional Education,
Jean-Luc Mélenchon
Secretary of State for Budget,
Florence Parly
