Key Benefits:
The Prime Minister,
On the report of the Minister of National Education, Higher Education, and the Minister of Higher Education and Research,
In the light of the code of education, Articles L. 711-7, L. 719-1 and L. 719-2;
Having regard to Decree No 84-431 of 6 June 1984 laying down the common statutory provisions applicable to teacher-researchers and bearing in mind the special status of the body of teachers of the Universities and the body of conference masters;
In light of Decree No. 85-59 of 18 January 1985, as amended laying down the conditions for the exercise of the right of vote, the composition of electoral colleges and the methods of assimilation and equivalence of Level for the representation of staff and students in the advice of public institutions of a scientific, cultural and professional nature, as well as the means of redress against the elections;
Given the decree n ° 2006-672 of 8 June 2006 on the creation, composition and operation of advisory administrative committees;
In view of the opinion of the National Council on Higher Education and Research of 16 October 2006;
In the opinion of the Superior Council of Administrative Tribunals and Appeal Administrative Courts as of December 5, 2006,
Demeeting:
The decree of 18 January 1985 referred to above is amended in accordance with Articles 2 to 26.
It is added after item 2 an item 2-1 thus written:
" Art. 2-1. -The President of the university or the director of the institution is responsible for the organisation of the elections.
For all the organisation's operations, he shall be assisted by an advisory election committee comprising representatives of the The composition of which is laid down in the statutes or rules of procedure of the institution.
Appeals against elections shall be brought before the Committee on the Control of Electoral Operations referred to in the Article 37 below. "
Item 4 is replaced by the following:
" 2. Users.
This college includes the persons mentioned in 2 ° of Article 3. "
Article 5 is replaced by the following:
" 2. Users:
This college comprises the persons mentioned in 2 ° of Article 3 following a third cycle formation covered by Article L. 612-7 of the Education Code. "
In Article 6, the words: " Specific to one or more of their components. The number of seats to be filled is then allocated statutorily between these sectors." Are replaced by the words: " Between which the seats to be filled are statutorily distributed. "
In Article 7, the second paragraph is replaced by the following:
" The President of the university or the director of the institution shall draw up a list of electors by college. Registration on the lists of electors shall be made ex officio for students on the basis of entries made with the competent services of the institution. "
Section 8 is modified as follows:
I.-The first two paragraphs are replaced by the following:
" The lists of electors shall be posted at least 20 days before the date of the vote.
Requests for the correction of such lists shall be addressed to the President of the university or the director of the institution, who shall decide on such claims. "
II. -In the last paragraph, the words: To the Monitoring Committee " Are replaced by the words: " The President of the university or the director of the institution ".
III. -The article is supplemented by a paragraph worded as follows:
" The electoral control commission referred to in section 37 below shall examine the challenges related to the operations described in this section. "
Article 9 is amended as follows:
I.-The first sentence of the first subparagraph is supplemented by the words: " , valued on the academic year ".
II. -After the second subparagraph, it shall be inserted as follows: '
' The term of teaching service provided for in the first subparagraph shall not be effective against teacher-researchers and teachers who receive a discharge of teaching service or of a discharge of service activity granted in Application of existing regulations. It is also not effective against teacher-researchers who are granted leave for thematic research or conversion. All such staff are electors in the institution in which they are assigned, in their connecting unit or, failing that, in the unit of their choice, in the college corresponding to their rank. "
The first paragraph of Article 15 is supplemented by the following sentence:
" In addition, non-incumbent agents must be in the institution for a minimum of ten months during the academic year during which the elections are held and provide a service at least equal to a half-time. "
Section 18 is amended as follows:
I.-The second paragraph is replaced by the following:
" The President of the university or the director of the institution checks the eligibility of the candidates. If he finds that he is ineligible, he requests that another candidate be substituted for the ineligible candidate. "
II. -The article is supplemented by a paragraph worded as follows:
" The electoral control commission referred to in section 37 below shall examine the challenges related to the operations described in this section. "
In Article 22, the second paragraph is supplemented by the following sentence:
" For the election of users' representatives, candidates must also provide a photocopy of their student card or, failing that, a certificate of education. "
In Article 25, the words: " Under the control of the Electoral Control Board, " Are deleted.
It is added after item 25, an article 25-1 thus written:
" Art. 25-1. -The President of the university or the director of the institution shall send to the voters of the college of users the professions of faith by electronic means, where all the electors of the college have an e-mail address assigned by Establishment or by post. To this end, the professions of faith shall be transmitted by the lists of candidates who so wish to the President of the university or to the director of the institution, within the time limit and in accordance with the procedures laid down by the latter. "
Article 26 is replaced by the following:
" Art. 26. -During the voting period, propaganda is prohibited only within the rooms where the polling stations are located. "
Section 35 is amended as follows:
I.-The penultimate paragraph is deleted.
II. -In the last paragraph, the words: Commission for the Control of Electoral Operations " Are replaced by the words: " Of the university or the director of the institution. "
In Article 36, the words: " The Electoral Control Board " Are replaced by the words: " The President of the university or the director of the institution. "
Section 37 is amended as follows:
I.-The first paragraph is replaced by the following:
" It is established in each Academy, on the initiative of the Rector, one or more commissions for the control of electoral operations, presided over by a member of the body of administrative tribunals and administrative courts of appeal, in activity or Appointed by the President of the administrative tribunal in whose jurisdiction the establishment is located. Where the magistrate is assigned to an administrative court of appeal, his appointment may only be made with the prior consent of the President of that Court. "
II. -The article is supplemented by a paragraph worded as follows:
" It shall meet at the seat of the administrative tribunal in whose jurisdiction it is established, or at a place designated by the Chairman of the Commission. "
Section 39 is amended as follows:
I.-The penultimate paragraph is replaced by the following:
" The administrative court must be seized no later than the sixth day following the decision of the Monitoring Committee. "
II. -In the last paragraph, the words: A " Are replaced by the words: " Of two ".
The provisions laid down in Articles 3, 4, 8, 9, 11, 12, 13, 16, 17, 25 and 26 shall apply to elections for the councils of public institutions of a scientific, cultural and professional nature, including the arrangements The provisions of Articles 2, 5, 6, 7, 10, 14, 15, 18, 19, 20, 21, 22, 23 and 24 shall be fixed by a decision of the President of the university or the director of the institution after the date of publication of this
. Effective October 1, 2007.
The provisions of this Decree shall apply in New Caledonia, in French Polynesia and in the Wallis and Futuna Islands.
For the purposes of Article 37 of the above-mentioned Decree of 18 January 1985 in The territory of French Polynesia, the words: In each Academy " Are replaced by the words: " In the territory of French Polynesia." In New Caledonia, the words: In each Academy " Are replaced by the words: " In New Caledonia ". For this application, the term: " Rector " Is replaced by the word: " Minister ".
Done at Paris, 27 April 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of National Education,
of higher education
and search,
Gilles de Robien
The Minister of Overseas,
Hervé Mariton
Delegate Minister
to higher education
and search,
François Goulard