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Decree No. 2007-635 Of April 27, 2007, Amending Decree No. 85-59 18 January 1985 Laying Down The Conditions For The Exercise Of The Right To Vote, The Composition Of The Electoral Colleges And Modalities Of Assimilation And Equivalence Of Level For...

Original Language Title: Décret n° 2007-635 du 27 avril 2007 modifiant le décret n° 85-59 du 18 janvier 1985 fixant les conditions d'exercice du droit de suffrage, la composition des collèges électoraux et les modalités d'assimilation et d'équivalence de niveau pour ...

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EDUCATION NATIONAL, HIGHER EDUCATION, UNIVERSITE, PUBLIC INSTITUTION, EPCSCP, COLLEGE ELECTORAL , COMPOSITION, ELECTION, COUNCIL, ORGANIZATION, ELECTORAL LIST, REGISTRATION, STAFF, TEACHING STAFF, REPRESENTATION, VOTING, PROGRESS , ADMINISTRATION, MANAGEMENT, ESTABLISHMENT COUNCIL, MODE OF ELECTION


JORF n ° 101 of April 29, 2007 page 7645
Text No. 22



Decree n ° 2007-635 of 27 April 2007 amending Decree No. 85-59 of 18 January 1985 fixing The conditions for the exercise of the right of suffrage, the composition of electoral colleges and the arrangements for the assimilation and equivalence of the level for the representation of staff and students in the councils of public institutions of character Scientific, Cultural and Professional, and the Terms and Conditions of Appeal against Elections

NOR: MENS0700391D ELI: Https://www.legifrance.gouv.fr/eli/decret/2007/4/27/MENS0700391D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/4/27/2007-635/jo/texte


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:

Item 1 Read more about this Article ...


The decree of 18 January 1985 referred to above is amended in accordance with Articles 2 to 26.

Article 2 Read more about this Article ...


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 3 Learn more about this Item ...


Item 4 is replaced by the following:
" 2. Users.
This college includes the persons mentioned in 2 ° of Article 3. "

Item 4 Learn more about this Item ...


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. "

Item 5 Learn more about this Article ...


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. "

Article 6 Learn more about this Item ...


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. "

Article 7 Read more about this Item ...


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 8 Learn more about this Article ...


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. "

Item 9 Read more about this Article ...


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. "

Article 10 Read more about this Item ...


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. "

Article 11
Article 20 is supplemented by a paragraph so written:
" The election of the members of the scientific council shall be held by a majority vote when there is only one seat to be filled for a specified college. "

Item 12
Article 21 is amended as follows:
I.-The penultimate paragraph is supplemented with the following words: " List ".
II. -In the last paragraph, the words: Under the conditions laid down in the statutes' Are deleted.
III. -The article is complemented by the following provisions:
" Where there is only one seat to be filled for a college determined in the context of the partial renewal provided for in the preceding paragraph, the election shall be held by the majority vote in a ballot.
Representatives of users who change electoral sectors Or cycle of studies during the term of office shall carry out their term of office, subject to the fulfilment of the conditions laid down in Article 14. "

Item 13 Read more about this Article ...


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. "

Item 14
In Article 24, the word: " Eight " Is replaced by the word: " 15 ".

Item 15 Learn more about this Article ...


In Article 25, the words: " Under the control of the Electoral Control Board, " Are deleted.

Item 16 Read more about this Article ...


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. "

Item 17 Learn more about this Item ...


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. "

Article 18
The last paragraph of Article 27 is deleted.

Article 19
The penultimate sentence of Article 29 is replaced by the following:
" When the duration of the poll is more than one day, it shall be publicly marked on the ballot box by a person designated for that purpose by the President of the university or the director of the institution, each day at the Closing of polling stations. "

Item 20
In Article 30, the words: " Certified by the chairman of the electoral control committee " Are deleted.

Item 21 Learn more about this Item ...


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. "

Article 22 More about this Item ...


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. "

Article 23 Learn more about this Item ...


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. "

Article 24
Section 38 is amended as follows:
I.-In the first paragraph, the words: " 8, 18, 25 and 36 " Are replaced by the words: " 8 and 18 ".
II. -In the fourth paragraph, the word: Ten " Is replaced by the word: " 15 ".

Item 25 Read more about this Item ...


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 ".

Item 26
Replaced:
1 ° A l' article 2, the words: " To the aforementioned Law of 26 January 1984 " With the words: " The code of education " And the words: " 37 and 39, fourth paragraph, of the said Act " With the words: " L. 716-1, L. 717-1, L. 718-1 and the fourth paragraph of Article L. 719-2 of the said Code. ;
2 ° In Article 3, the words: " 39 of Law No. 84-52 of 26 January 1984 " With the words: " L. 719-2 of the Code of Education " And the words: " 54 of the aforementioned Law of 26 January 1984 " With the words: " L. 952-1 of the Education Code " ;
3 ° In Article 6, the words: " 22 of the aforementioned Law of 26 January 1984 " With the words: " L. 711-7 of the Education Code " ;
4 ° In Article 11, the words: " 54 of the aforementioned Law of 26 January 1984 " With the words: " L. 952-1 of the Education Code ".

Article 27 Read more about this Article ...


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.

Item 28 Learn more about this Article ...


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 ".

Article 29
The Minister of National Education, Higher Education and Research, the Minister for Overseas Education and the Minister for Higher Education and Research are responsible for each Concerns, from the execution of this Decree, to be published in the Official Journal of the French Republic.


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


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