Key Benefits:
The Prime Minister,
On the report of the seal of the seals, Minister of Justice, and the Minister of Culture and Communication,
Given the new Code of Civil Procedure, in particular Articles 131-5, 341, 640 and 643;
Due to Act No. 77-2 of 3 January 1977 on architecture, as last amended by Order No. 2005-1044 of 26 August 2005 concerning the exercise and organization of the profession of architect;
In view of Decree No. 77-1480 of 28 December 1977 taken for the application to the profession of architect of Act No. 66-879 of 29 November 1966 on professional civil societies;
In view of Decree No. 77-1481 of 28 December 1977, as amended on the organization of the profession of architect ;
In view of the opinions of the National Council of the Order of Architects as of March 23 and September 7, 2006;
In the opinion of the Board of Governors of the Administrative Tribunals and the Administrative Courts of Appeal dated May 23, 2006;
The Board Of State (inside section) heard,
Clipping:
The first paragraph of Article 1 is replaced by the following:
" The Regional Council shall determine its seat. "
Article 2 is replaced by the following:
" Art. 2. -The Regional Council consists of:
" 1 ° Six members, if the number of natural persons in the regional table and its annex is less than 160;
" 2 ° Twelve members, if the number of natural persons registered in the regional table and in its annex is between 161 and 550;
" 3 ° 18 members, if the number of natural persons in the regional table and in its annex is between 551 and 2,500;
" 4 ° Twenty-four members, if the number of natural persons in the regional table and in its annex is at least equal to 2,501. "
The first paragraph of Article 3 is replaced by the following:
" Only natural persons registered in a regional table or in its schedule are electors. Only those who are natural persons on the day of their contributions are eligible. "
Article 4 is replaced by the following:
" Art. 4. -The warning shall result in ineligibility for a period of two years from the date of notification of the disciplinary
. Blaming causes ineligibility for a period of three years.
" Suspension results in ineligibility for six years.
" If the sanction is imposed against a member of a practising council, that member shall be considered to have resigned ex officio. "
Article 5 is replaced by the following:
" Art. 5. -The election of the members of the Regional Council shall be held by secret ballot in two rounds. The applications are individual; they can be grouped by lists.
" The order may organise a vote on the spot, by correspondence or distance by electronic means. "
Article 6 is replaced by the following:
" Art. 6. -Candidates who have obtained an absolute majority of the votes
be elected in the first round. Are elected in the second round, within the limit of the remaining seats available, the candidates with the most votes.
" In case of equality of votes, the oldest candidate is elected.
" The non-elected candidates with the highest number of votes are called, in the order of the results, to replace the members of the regional council subsequently elected to the national council. "
Article 7 is thus modified:
1 ° In the second paragraph, the word: " Biennial " Is replaced by the word: " Triennial " ;
2 ° In the third paragraph, the word " Biennial " Is replaced by the word: " Triennial ".
In the first paragraph of Article 9, the words: " Two years " Are replaced by the words: " Three years ".
After item 14, an article 14-1 reads as follows:
" Art. 14-1. -Where a dispute liable to give rise to the disciplinary action provided for in the last paragraph of Article 27 of the Act of 3 January 1977 referred to above shall be brought to its knowledge and before committing, where appropriate, that disciplinary action, the Council Regional may, after obtaining the consent of the persons concerned, appoint a mediator to arrive at an amicable resolution of the conflict
The Regional Council shall inform the representatives of the State referred to in Article 43
The Regional Council shall fix the duration of the mediation, which shall not exceed three months, renewable once at the request of the
. The Ombudsman shall be chosen from among the elected members of the National Council or another Regional Council. He cannot be a member of a Disciplinary Board. It complies with the conditions set out in Article 131-5 of the new Code of Civil
. The mediator hears the people involved and confronts their points of view. It may, with the agreement of the parties, hear the consent of third parties. Mediation may be terminated at any time at the request of a party or at the initiative of the mediator
" At the end of its mission, the mediator shall inform the Regional Council of the failure of the persons to find a solution to the conflict between
. The Ombudsman's findings and his statements may not be produced or invoked before the Disciplinary Chambers or in civil or administrative bodies, without the consent of the persons concerned. "
In Article 16, a second paragraph is added as follows:
" Any member of the Regional Council who, without reason, fails to attend three consecutive meetings may be dismissed from his or her term of office upon decision of the Board, after having been put in a position to make representations. "
In Article 17, a second paragraph is added as follows:
" An annex to this table includes the holders of receipts registered under the conditions laid down in Article 37 of the aforementioned Law of 3 January 1977 which carry out their main activity in the region. "
The last sentence of Article 18 is replaced by the following:
" The Regional Council shall acknowledge receipt in writing and indicate the time limits and remedies referred to in Article 21. "
Article 25 is replaced by the following:
" Art. 25. -The provisions of Article 4, Articles 7 and 8 and the second paragraph of Article 9 of this Decree on regional councils shall apply to the National Council. "
Article 26 is thus amended:
1 ° In the third paragraph, the word: " Eight " Is replaced by the word: " Six " ;
2 ° The sixth paragraph is replaced by the following:
" The National Council may organise a vote by correspondence or distance by electronic means. "
Section 29 is thus amended:
1 ° The first paragraph is replaced by the following:
" The National Council shall be convened by its President at least once a quarter. "
2 ° This paragraph is added as follows:
" The convening and the agenda shall be addressed to the members of the National Council and the Government Commissioner at least eight days before the date of the meeting. "
Section 31 is replaced by the following:
" Article 31. -The National Council and the Office of the National Council shall be validly deliberating only if at least two-thirds of their current members are present
If the quorum is not present, the Council shall be reconvened on the same agenda within 15 days. It then validates, regardless of the number of members present.
" Decisions shall be taken by a majority of the members present. If the votes are equally divided, the President shall have a casting vote.
" Any member of the National Council who, without reason, fails to attend three consecutive meetings may be dismissed from his or her term of office upon decision of the Board, after having been put in a position to present his observations. "
Section 33 is replaced by the following:
" Art. 33. -The National Council shall establish the rules of procedure of the order which shall be approved by order of the Minister responsible for culture and shall be published in the Official Gazette of the Ministry responsible for Culture. "
In Article 37, a paragraph has been added as follows:
" Failure to pay the annual fee is subject to disciplinary proceedings. "
The third paragraph of Article 39 is replaced by the following:
" The Commissioners of the Government attend the meetings of the councils of the architects' order. They shall be informed beforehand of the date of the meetings. They shall receive the invitations, the agenda and, where appropriate, the reports and documents relating to the items on the agenda at least 15 days before the meeting. The minutes of the meetings are sent to them. "
The last sentence of section 40 is replaced by the following:
" At the expiration of this period, a new meeting of the Board is to be held, the deliberation of which is binding, except as opposed by the Minister within 15 days. "
"TITLE II
" DISCIPLINE
" Art. 41. -Any breach of the laws, regulations or professional rules, any serious negligence, any contrary to the probity or honour committed by an architect, an approved architect or a holder of a receipt may be the subject of a sanction Disciplinary.
"Chapter I
" Operation of Regional Disciplinary Rooms
" Art. 42. -The Regional Council provides the secretariat and the functioning and the Regional Disciplinary Board. The hearings shall be held either by the regional council or by the administrative tribunal in whose jurisdiction the chamber has its
. The President and his alternate shall be appointed for three years at each renewal of the Regional
. Architects appointed by the Regional Council of Law shall cease to be a member of the Regional Disciplinary Board if they are no longer enrolled in the order or subject to disciplinary action. In such cases, they shall be replaced under the conditions laid down for their designation, for the remaining period to be held until the next renewal of the Regional
. Art. 43. -The representatives of the State mentioned in Article 27 of the aforementioned Act of 3 January 1977, who have standing to initiate the disciplinary action, are either the prefect or the Commissioner of the Government to the regional council, established by the article 39 of this Decree, namely the Attorney General, close to the Court of Appeal within the jurisdiction of which the seat of the Regional Council is
. Art. 44. -Proceedings before the Regional Disciplinary Board shall be written and contradictory
The Secretary of the Regional Disciplinary Chamber which has before it the complaint shall register it and, if it is admissible, shall notify the architect, under the supervision of the President, within 15 days. He shall address to the architect, by registered letter with the request for a notice of receipt, a full copy of the complaint
This letter makes it clear to the person concerned that he has the opportunity to be assisted throughout the proceedings by an architect, a lawyer or both. Members of a law council cannot be chosen as defenders.
" The Secretary shall, within the same time limit, communicate this complaint to the Commissioner of the Government to the Regional Council and, in the case where it emanates from one of the representatives of the State referred to in Article 27 of the aforementioned Law of 3 January 1977, to the President of this board.
" The President of the Regional Disciplinary Chamber before a dispute within his or her territorial jurisdiction may, ex officio or at the request of the architect prosecuted, request the President of the National Disciplinary Chamber to entrust the judgment of a At first instance to another Regional Disciplinary Board when it finds that one of the members of the Chamber is in question or considers that there is an objective reason to call into question its impartiality
It may, within the time limit referred to in the second paragraph of this Article, dismiss, by reasoned order, complaints which are manifestly inadmissible and give notice of the
. Article 45. -Upon receipt of the complaint, which must be substantiated, the President shall designate, among the three architects members of the Regional Disciplinary Chamber, a rapporteur who shall not be chosen from among persons who may be challenged in application Of Article 341 of the new Code of Civil
. Art. 46. -The Rapporteur proceeds to the hearing of the architect prosecuted, the author of the complaint and the witnesses who appear to him to be useful. It shall carry out any investigation and any confrontation it deems necessary.
" Where the Regional Disciplinary Chamber has been seized, pursuant to the last paragraph of Article 27 of the Act of 3 January 1977 referred to above, by a representative of the State or by the Regional Council of the Order of Architects, acting on the request Of an interested person, the rapporteur hears the testimony of this
. Statements collected by the rapporteur shall be recorded in writing and signed by himself and by the declarant. In the event of a failure of the persons convened, the minutes of such deficiency shall be drawn
. Within three months of its appointment, the rapporteur shall forward his report to the President of the Regional Disciplinary Chamber or report on the grounds on which it is unable to comply with that time limit. In this case, the President may either extend the time limit or divest the rapporteur and designate another. It informs the parties.
" Art. 47. -The architect prosecuted shall be convened at the hearing, by registered letter with the request for a notice of receipt, at least one month before the date fixed for
. The author of the complaint shall be convened in the same manner and time and, where appropriate, the witnesses and the person concerned referred to in the last paragraph of Article 27 of the aforementioned Law of 3 January
. The summons shall specify the facts that motivate it.
" The file of the case including, in particular, the rapporteur's report, shall be kept at the disposal of the architect and his/her defenders, without moving parts, to the Secretariat of the Regional Disciplinary Chamber, ten days Calendars before the hearing date.
" The author of the complaint and, where appropriate, the person concerned referred to in the last paragraph of Article 27 of the aforementioned Law of 3 January 1977 may also be aware of the
. The text of this article is on the convening.
" Art. 48. -The President of the Regional Disciplinary Chamber, or his alternate, shall lead the proceedings. The hearing is public. However, the President may, ex officio or at the request of one of the parties, prohibit the public from having access to the room during all or part of the hearing if the respect of public order or privacy justifies it.
" The chairman first gives the floor to the rapporteur for reading his report. He then proceeded to the examination of the architect and to hear the witnesses.
" He shall then give the floor to the author of the complaint and, where appropriate, to the person concerned referred to in the last paragraph of Article 27 of the aforementioned Law of 3 January
. Upon authorization by the President, the architect may be questioned by the members of the Board.
" The architect pursued or his supporters have the floor.
" If the rapporteur is not present or represented and has sent a memorandum to the President, the rapporteur shall give knowledge of the contents of this
. Art. 49. -The architect sued appears in person.
" In the event of a justified impediment, it may transmit to the President a submission by registered mail with a request for notification of
. Art. 50. -Decisions of the Regional Disciplinary Board shall be made in the form of collective
. All members must be present.
" The rapporteur is not taking part in the deliberations.
" Article 51. -The decisions of the Regional Disciplinary Board shall be reasoned and shall mention the names of the legislative members and the rapporteur
They shall be entered on a special register, quoted and initialled by the President of the Chamber or the Secretary
This registry cannot be communicated to third parties.
" Shipments of decisions are dated and signed by the President of the Board or by the Secretary. Each decision shall be notified within 15 days by registered letter with a request for notification:
" -to the continued architect;
" -the author of the complaint;
" -to the President of the National Council of Architects' Order;
-the chair of the regional council on which the architect is dependent;
" -to the Commissioner of the Government to this regional
. Any notification of a disciplinary decision shall contain the statement that an appeal against that decision may be lodged with the National Disciplinary Chamber within one month of the notification
If the Chamber has accompanied its decision on an advertising measure, the decision shall specify the conditions for its implementation and the costs borne by the architect. The decision may, in addition, provide the architect with the costs incurred and, in particular, the compensation which will be paid to the manager or liquidator appointed ex officio by the Regional Council, in the event of suspension or cancellation, in Application of the sixth paragraph of Article 28 of the aforementioned Law of 3 January
. The Regional Council of the Order shall report to the President of the Regional Disciplinary Board on the execution of the decisions
. When they become final, the suspension and cancellation decisions shall be notified to the chairpersons of the regional councils, the national council and the regional and department prefects of the place of practice of the architect Sanctioned.
"Chapter II
" Operation of the National Disciplinary Chamber
" Art. 52. -The National Disciplinary Chamber is the court of appeal of the regional chambers. Its seat is fixed at the National Council of the Order, which provides the secretariat and the operation.
" Chamber hearings may be held outside the seat of the national council of order
The State Councillor, President, is appointed by the Vice-President of the Council of State for three years for each renewal of the National
. The three architects, appointed by the National Council, shall cease to be a member of the National Disciplinary Chamber if they are no longer enrolled in the order or subject to disciplinary action. In this case, they shall be replaced under the conditions laid down for their designation, for the remaining period to be run until the next renewal of the National
. Art. 53. -Decisions of the Regional Disciplinary Chamber may be referred to the National Chamber of Discipline by the architect sanctioned at first instance by the representatives of the State referred to in Article 43 or by the Regional Council of Order of architects.
" The appeal must be filed within one month after the day on which the first instance decision is received.
" He is addressed to the Speaker of the National Disciplinary Chamber. It may be received by the secretariat of the said Board by simple statement against
. Art. 54. -Proceedings before the National Disciplinary Chamber shall be written and contradictory
The Secretary of the National Disciplinary Chamber shall register the appeal and, apart from the application of the third paragraph of this Article, shall notify the parties under the control of the President. He shall also notify the President of the Regional Council, the Commissioner of the Government to the Regional Council and the President of the Regional Board of First Instance, by asking the Regional Council to address the
. The President of the National Disciplinary Chamber may dismiss, without instructions, appeals which are manifestly inadmissible and give notice of the
. Article 55. -The hearing of appeals, their judgment and the notification of decisions of the National Disciplinary Chamber shall be provided in accordance with the conditions laid down in Articles 45 to 51
. Article 56. -Decisions of the National Disciplinary Chamber are subject to appeal to the Council of State. This remedy, which must be brought within two months of notification of the decision, is not suspensive.
"Chapter III
" Execution of sanctions Disciplinary
" Article 57. -The President of the Regional Council shall fix the date for the execution of the disciplinary sanctions within a maximum period of two months following the receipt of the notification of the decision of the Disciplinary Board by the person
. The suspension and the cancellation shall, for the duration of the sanction, prevail in the first case, on a final basis in the second case, prohibiting the practice of the profession of architect
The suspended or deleted person cannot report his or her quality as an architect.
" After a period of three years, the architect radiated from the table or its annex may request its re-entry to the Regional
. Art. 58. -The provisions relating to the discipline provided for in Articles 46 to 51 of Decree No. 77-1480 of 28 December 1977 adopted for the application to the profession of architect of Act No. 66-879 of 29 November 1966 on professional civil societies Also apply to architectural societies established pursuant to Article 12 of the aforementioned Act of 3 January
. Art. 59. -The time limits provided for in this Title shall be calculated and increased in accordance with the provisions of Articles 640 and 643 of the new Code of Civil Procedure. "
Sections 67, 68 and 69 are repealed.
The Minister of Economy, Finance and Industry, the Minister of Justice, and the Minister of Culture and Communication are responsible, each as far as it is concerned, for the execution This Order, which will be published in the Official Journal of the French Republic.
Done at Paris, May 10, 2007.
Dominique de Villepin
By the Prime Minister:
Minister of Culture
and Communication,
Renaud Donnedieu de Vabres
Minister of the Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
