Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Article L. 123-3 of the Education Code is as follows:
"Art. L. 123-3. - The missions of the public service of higher education are:
« 1° Initial and ongoing training;
« 2° Scientific and technological research, dissemination and valorization of its results;
« 3° Guidance and professional integration;
« 4° The dissemination of culture and scientific and technical information;
« 5° Participation in the construction of the European Space for Higher Education and Research;
« 6° International cooperation. »
After the fourth paragraph of Article L. 711-1 of the Education Code, it is inserted a paragraph as follows:
"The establishments may request, by statutory deliberation of the board of directors taken by an absolute majority of the members in office, the consolidation of a new institution or an institution already constituted. The consolidation is approved by decree. »
The first paragraph of Article L. 711-7 of the Education Code is as follows:
"The establishments shall determine, by statutory deliberations of the board of directors made by an absolute majority of the members in office, their statutes and their internal structures, in accordance with the provisions of this Code and the decrees made for its application. »
In chapter II of title I of Book VII of the Education Code, it is created a section 1 entitled "Governance", including articles L. 712-1 to L. 712-7.
Article L. 712-1 of the Education Code is as follows:
"Art. L. 712-1. - The president of the university by his decisions, the board of directors by his deliberations, the scientific council and the board of studies and university life by their opinions ensure the administration of the university. »
Article L. 712-2 of the Education Code is amended as follows:
1° The first paragraph is replaced by two subparagraphs:
"The president of the university is elected by an absolute majority of the elected members of the board of directors among teachers-researchers, researchers, professors or lecturers, associates or guests, or any other assimilated personnel, without condition of nationality. His term of office, for a period of four years, expires on the expiry of the term of office of elected representatives of the board of directors. It's renewable once.
"In the event that the President ceases to serve, for any reason, a new President shall be elected for the term of office of his remaining predecessor. » ;
2° The third and fourth preambular paragraphs are replaced by twelve preambular paragraphs:
"The president manages the university. As such:
« 1° He chairs the board of directors, prepares and executes its deliberations. It prepares and implements the multi-year settlement contract. He also chairs the Scientific Council and the Council of Studies and University Life; he receives their opinions and wishes;
« 2° He represents the university in respect of third parties and in court, concludes agreements and conventions;
« 3° He is a director of the university's revenues and expenditures;
« 4° He has authority over all university staff.
"Subject to statutory provisions relating to the first assignment of staff recruited by national competition for the aggregation of higher education, no assignment may be made if the President issues a reasoned unfavourable opinion.
"He affects administrative, technical, labour and service personnel in the various departments of the university;
« 5° He appoints the various juries;
« 6° He is responsible for maintaining order and can appeal to public force under conditions established by decree in the Council of State;
« 7° He is responsible for security in the premises and is responsible for the follow-up to the recommendations of the hygiene and safety committee to ensure the safety and security of staff and users in the premises;
« 8° He exercises, on behalf of the university, the management and administration skills that are not assigned to another authority by law or regulation;
« 9° It ensures the accessibility of teachings and buildings to persons with disabilities, students and university staff. » ;
3° The last paragraph is as follows:
"The President may delegate his signature to the Vice-Presidents of the three councils, to the elected members of the office over the age of eighteen, to the Secretary-General and to the class officers Placed under its authority as well as, for matters of interest to the components listed in Article L. 713-1, the common services provided for in Article L. 714-1 and the research units established with other public higher education or research institutions, to their respective officials. »
Article L. 712-3 of the Education Code is as follows:
"Art. L. 712-3. - I. - The board of directors shall consist of twenty to thirty members distributed as follows:
« 1° From eight to fourteen representatives of professor-researchers and assimilated staff, teachers and researchers, in practice at the institution, including half of professors from universities and similar staff;
« 2° Seven or eight personalities outside the institution;
« 3° From three to five representatives of the students and persons receiving the continuing education enrolled in the institution;
« 4° Two or three representatives of the engineering, administrative, technical and library staff, in exercise at the facility.
"The number of council members is increased by one unit when the chair is chosen outside the board of directors.
“II. - Personalities outside the institution, members of the board of directors, are appointed by the president of the university for the duration of his term. They include, by derogation from Article L. 719-3, including:
« 1° At least one business leader or corporate executive;
« 2° At least another player in the economic and social world;
« 3° Two or three representatives of the local authorities or their groups, including one from the regional council, designated by the communities concerned.
"The list of external personalities is approved by the elected members of the board of directors, excluding representatives of the territorial authorities designated by them.
"III. - The term of office of the elected members of the board of directors shall run from the first meeting convened for the election of the president. The members of the board of directors shall sit validly until the designation of their successors.
"IV. - The Board of Directors determines the institution's policy. As such:
« 1° He approves the university's settlement contract;
« 2° He votes the budget and approves the accounts;
« 3° It approves the agreements and agreements signed by the president of the establishment and, subject to the specific conditions set out by decree, borrowings, taking of participation, creations of subsidiaries and foundations provided for in Article L. 719-12, acceptance of donations and bequests and acquisitions and real estate transfers;
« 4° It adopts the rules of procedure of the university;
« 5° It shall establish, on the proposal of the President and in accordance with national priorities, the distribution of the jobs allocated to it by the competent ministers;
« 6° It authorizes the President to initiate any legal action;
« 7° It adopts the rules on examinations;
« 8° It approves the annual activity report, which includes an assessment and a project, presented by the Chair.
"He may delegate some of his powers to the president except those mentioned in 1°, 2°, 4° and 8°. The Board shall, as soon as possible, report to the Board of Directors on decisions taken under this delegation.
"However, the Board of Directors may, under conditions that it determines, delegate to the Chair the power to adopt the amended budget decisions.
"In case of equal sharing of votes, the president has a dominant voice. »
Article L. 712-5 of the Education Code is amended as follows:
1° The third paragraph (2°) is as follows:
« 2° From 10 to 15 per cent of PhD students enrolled in initial or continuing education; »
2° The last paragraph is amended to read:
(a) The first sentence is as follows:
"The Scientific Council is consulted on the directions of research policies, scientific and technical documentation, as well as on the distribution of research credits. » ;
(b) After the first sentence, a sentence as follows:
"He can make vows. » ;
(c) The last sentence is as follows:
"He ensures the link between teaching and research. » ;
3° Three subparagraphs are added:
"In accordance with the statutory provisions applicable to teachers-researchers, the Scientific Council in restricted training to teachers-researchers gives an opinion on the changes of teachers-researchers, the integration of officials of other bodies into the body of teachers-researchers, the titularization of teachers-researchers and the recruitment or renewal of temporary teaching and research officers.
"The number of council members is increased by one unit when the chair is chosen outside the board.
"In case of equal sharing of votes, the president has a dominant voice. »
The last paragraph of Article L. 712-6 of the Education Code is replaced by four paragraphs as follows:
"The Board of Studies and University Life is consulted on the guidance of initial and continuing training courses, on requests for empowerment and new courses projects and on the evaluation of teachings.
"The Council is also consulted on measures to enable the implementation of student orientation and the validation of the achievements, to facilitate their entry into active life and to promote the cultural, sporting, social and social activities offered to students and on measures to improve the living and working conditions, including measures relating to support activities, academic and academic works, medical and social services, libraries. It is also consulted on development measures to encourage the reception of students with disabilities. He is the guarantor of student political and trade union freedoms.
"He can make vows.
"The council elects a student vice-president in charge of student life issues in connection with the regional centres of academic and academic works. »
After the article L. 712-6 of the Education Code, an article L. 712-6-1 is inserted as follows:
"Art. L. 712-6-1. - The statutes of the university provide for the conditions under which representation of the major areas of training is provided to the Scientific Council and the Council of Studies and University Life.
"These boards are renewed at each board renewal. »
Article L. 719-1 of the Education Code is amended as follows:
1° The first sentence of the first paragraph is replaced by two sentences as follows:
"The members of the councils provided for in this title, outside the outside personalities and the president of the institution, are elected by secret ballot by separate colleges and by direct suffrage. With the exception of the president, no one can sit in more than one university council. » ;
2° The second and third subparagraphs are replaced by four sub-items:
"In the event of a vacancy, a new member shall be designated for the duration of the term remaining to be carried out in accordance with the terms and conditions established by decree.
"The election is carried out, for all the representatives of the staff, students and people benefiting from the ongoing training, by the list vote in a tower with proportional representation to the strongest remaining, possibility of incomplete lists and without dressing.
"For the elections of the representatives of the professor-researchers and the staff assimilated to the board of the university, a list of professors from universities and similar staff and a list of lecturers and similar staff may be associated with a project of establishment. Each list provides the representation of the major training sectors taught in the university concerned, namely legal, economic and management disciplines, letters and social and human sciences, science and technology and health disciplines. In each of the colleges, it is assigned to the list which obtains the most votes a number of seats equal to half of the seats to be filled or, in the case where the number of seats in power is odd, the entire number immediately greater than half of the seats to be filled. The other seats are distributed among all lists to the proportional representation of the strongest remains.
"For the elections of the representatives of the students and of the people receiving continuous training, each list ensures the representation of at least two of the major training sectors taught in the university concerned. For each representative, an alternate shall be elected under the same conditions as the holder; He sits only in the absence of the latter. » ;
3° The penultimate paragraph is thus written:
"No one can be elected to more than one university board of directors. » ;
4° The last paragraph is as follows:
"No one can be president of more than one university. »
Article L. 719-8 of the Education Code is as follows:
"Art. L. 719-8. - In the event of a serious difficulty in the functioning of the statutory bodies of public institutions of a scientific, cultural and professional character or of the failure to exercise their responsibilities, the Minister for Higher Education may make, on an exceptional basis, any provisions imposed by the circumstances. For the exercise of these powers, the Minister shall inform the National Council of Higher Education and Research as soon as possible. In these same cases, the rector, Chancellor of Universities, has the capacity to take provisionally the necessary precautionary measures after consulting the president or director of the institution. »
University presidents can remain in office until August 31 following the date they reached the age of sixty-eight years.
Article L. 713-1 of the Education Code is as follows:
"Art. L. 713-1. - Universities include various components:
« 1° Training and research units, departments, laboratories and research centres, created by deliberation of the university's board of directors after advice from the scientific council;
« 2° Schools or institutes, created by order of the Minister for Higher Education on proposal or after advice from the Board of Directors of the University and the National Council for Higher Education and Research.
"The university's components determine their statutes, which are approved by the university's board of directors, and their internal structures. The president associates the university's components with the preparation and implementation of the multi-year settlement contract. The creation, deletion or consolidation of components are included in the multi-year settlement contract, if any, by becoming. »
Article L. 713-4 of the Education Code is thus written:
"I. - By derogation from articles L. 712-2, L. 712-3, L. 712-5 and L. 712-6, the medical, pharmacy and odontology training and research units, or, if not, the departments that provide these trainings, jointly with the regional hospital centres, in accordance with articles L. 713-5 and L. 713-6, and, if applicable, with the university health centres against cancer They respect the university's strategic directions defined in the multi-year settlement contract, particularly in the field of biomedical research.
"The director of the unit or department has quality to sign these conventions on behalf of the university.
"These conventions can only be executed after they have been approved by the president of the university and voted by the board of directors of the university.
"The president of the university may delegate his signature to the director to order the revenues and expenses of the training and research unit or department.
"The jobs of the teaching and hospital staff of hospital and university centres are assigned in accordance with the provisions of Article L. 952-21.
"The revision of teachers and hospitals takes into account the needs of public health, on the one hand, and of teaching and research, on the other. »
I. - After Article L. 951-1 of the Education Code, an article L. 951-1-1 is inserted as follows:
"Art. L. 951-1-1. - A parity technical committee is established in each scientific, cultural and professional public establishment by deliberation of the board of directors. In addition to the powers conferred upon him pursuant to Article 15 of Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State, he is consulted on the human resources management policy of the institution. A review of the social policy of the institution is presented to it every year. »
II. - The fifth paragraph of Article L. 953-6 of the same code is as follows:
"The Joint Establishment Commission prepares the work of the Joint Administrative Committees of the bodies mentioned in the first paragraph. »
I. - The first two sentences of the fifth paragraph of Article L. 711-1 of the Education Code are replaced by three sentences as follows:
"The institution's training, research and documentation activities are the subject of multi-year settlement contracts as part of the graduate training map defined in section L. 614-3. These contracts provide for the conditions under which the institution's incumbent and contractual personnel are assessed, in accordance with the provisions of section L. 114-3-1 of the Research Code relating to the Research and Higher Education Evaluation Agency, as well as, where applicable, the terms and conditions of the institution's participation in a higher education and research centre. They also establish certain obligations of the institutions and provide for the corresponding means and jobs that may be made available to them by the State. »
II. - After the fifth preambular paragraph, a sub-item reads as follows:
"They put in place a management and decision-making control tool to enable them to carry out all of their missions, competencies and responsibilities as well as to follow up on multi-year settlement contracts. »
In chapter II of title I of Book VII of the Education Code, a section 2 is inserted as follows:
“Section 2
“Expanded Responsibilities and Skills
"Art. L. 712-8. - Universities may, by deliberation adopted under the conditions laid down in Article L. 711-7, request to benefit from the broad budgetary and human resources responsibilities and competencies provided for in Articles L. 712-9, L. 712-10 and L. 954-1 to L. 954-3.
"The provisions of the sections referred to in the first paragraph shall apply provided that the deliberation of the board of directors is approved by a joint order of the Minister for Budget and the Minister for Higher Education.
"Art. L. 712-9. - The multi-year settlement contract concluded by the university with the State provides, for each of the years of the contract and subject to the credits entered in the finance law, the overall amount of the State's endowment by distinguishing the amounts allocated to the payroll, other operating credits and investment credits.
"The amounts allocated to the payroll in the State's annual allocation are limiting and matching the limits of the jobs that the institution is authorized to pay. The multi-year settlement contract sets out the maximum percentage of this salary mass that the establishment may devote to the recruitment of contractual agents referred to in section L. 954-3.
"The institution ensures the regular information of the Minister responsible for higher education and has internal audit and financial and heritage instruments in accordance with the terms specified by decree.
"The university accounts are subject to an annual certification by an External Auditor.
"Art. L. 712-10. - Units and common services of universities with broad budgetary responsibilities and competencies provided for in section L. 712-9 are associated with the development of the institution's budget. These common units and services receive a yearly operating staffing set by the University's Board of Directors. »
I. - Title V of Book IX of the Education Code is supplemented by a chapter IV as follows:
“Chapter IV
" Provisions applicable to universities with expanded responsibilities and competencies referred to in Article L. 712-8
"Art. L. 954-1. - The board of directors shall, in accordance with the applicable statutory provisions and the initial and continuing training missions of the establishment, define the general principles for the distribution of the obligations of teachers and research staff between the teaching, research and other missions that may be entrusted to these staff.
"Art. L. 954-2. - The President is responsible for awarding premiums to personnel who are assigned to the establishment, according to general rules defined by the Board of Directors. The doctoral and research grant is granted after advice from the scientific council.
"The board of directors may create interesting arrangements to improve the remuneration of staff.
"The conditions for the application of this article may be specified by decree.
"Art. L. 954-3. - Subject to the application of Article L. 712-9, the President may recruit, for a specified or indeterminate period, contract agents:
« 1° To perform technical or administrative functions for category A jobs;
« 2° To ensure, by derogation from the first paragraph of Article L. 952-6, the functions of teaching, research or teaching and research, after notice of the selection committee provided for in Article L. 952-6-1. »
II. - The consequences of the implementation of Article 18 and I of this Article shall be the subject of an amendment to the current multi-year settlement contract.
III. - The second paragraph of Article L. 951-2 of the Education Code is deleted.
I. - The second paragraph of Article L. 612-3 of the Education Code is amended as follows:
1° The first sentence is as follows:
"Every candidate is free to register in the establishment of his or her choice, provided that he or she has previously requested a pre-registration allowing him or her to benefit from the information and orientation of the institution, which must be established in consultation with the high schools. » ;
2° In the second sentence, the words "in case of dispensation" are deleted.
II. - Article L. 612-1 of the same code is supplemented by a paragraph as follows:
"The institutions that provide courses sanctioned by a graduate degree make public statistics that include indicators of achievement for exams and diplomas, continuing studies and professional integration of students. »
Chapter I of Book VI title I of the Education Code is supplemented by an article L. 611-5 as follows:
"Art. L. 611-5. - A student support office is created in each university by deliberation of the board of directors after advice from the board of studies and academic life. In particular, this office is responsible for providing students with a range of internships and jobs and in connection with the courses offered by the university and for assisting students in their research of internships and first-time employment.
"He advises students on their employment and professional integration issues.
"The student support office presents an annual report to the Board of Studies and University Life on the number and quality of the courses performed by the students, as well as on the professional integration of the students in their first job. »
Article L. 811-2 of the Education Code is supplemented by two sub-items as follows:
"For this purpose, the head of institution may recruit, under conditions established by decree, any student, especially for tutoring or library service activities, provided that the student is enrolled in initial training in a public higher education institution.
"Recruitment takes priority on academic and social criteria. »
After Article L. 811-3 of the Education Code, an article L. 811-3-1 is inserted as follows:
"Art. L. 811-3-1. - Elected students in the various bodies of public institutions of higher education shall be provided with information and training actions, if any qualifying, defined by the institutions and allowing them to exercise their mandates. »
I. - Chapter II of Title V of Book IX of the Education Code is supplemented by a section 4 as follows:
“Section 4
“Special provisions for research personnel
"Art. L. 952-24. - Researchers of research organizations, researchers and, as long as their teaching activities are at least equal to one-third of the basic teaching obligations, contract staff performing teaching or research functions in public institutions of a scientific, cultural and professional character participate in the democratic life of institutions. They are similar to teachers and teachers-researchers for their participation in the various councils and bodies of the institutions. »
II. - After article L. 953-6 of the same code, an article L. 953-7 is inserted as follows:
"Art. L. 953-7. - Engineering, technical and administrative staff of research organizations or contract staff who perform technical or administrative functions in public institutions of a scientific, cultural and professional character participate in the democratic life of the institutions. They are equivalent to engineers, administrative, technical, and libraries, appointed in the facility for their participation in the various boards and bodies of the establishments. »
After the article L. 952-6 of the Education Code, an article L. 952-6-1 is inserted as follows:
"Art. L. 952-6-1. - Subject to the statutory provisions relating to the first assignment of staff recruited by national competitive examinations of higher education, where a job of teacher-researcher is created or declared vacant, candidates whose qualification is recognized by the national body provided for in section L. 952-6 shall be examined by a selection committee established by deliberation of the board of directors who are elected in restricted training
"The committee is made up of professors and assimilated staff, for at least half outside the institution, of at least one rank equal to that applied by the individual. Its members are proposed by the president and appointed by the board of directors serving in restricted training to elected representatives of the teachers-researchers and similar staff. They are chosen because of their skills, mainly among the discipline specialists involved and after the advice of the scientific council. In the absence of a scientific advice within fifteen days, the notice is deemed favourable. The committee shall sit validly if at least half of the members present are outside the establishment.
"In the light of its reasoned opinion, the board of directors, acting in restricted training to teachers-researchers and personnel assimilated at least equal to the one applied, shall transmit to the competent minister the name of the candidate to whom he proposes the appointment or a list of candidates classified in order of preference, subject to the absence of unfavourable advice of the President as provided for in section L. 712-2.
"A selection committee that is common to several higher education institutions can be set up, particularly within the framework of a higher education and research centre. »
After Article L. 952-1 of the Education Code, an article L. 952-1-1 is inserted as follows:
"Art. L. 952-1-1. - As part of the multi-year institutional contracts referred to in Article L. 711-1, each public institution with a scientific, cultural and professional character presents its objectives in recruiting lecturers who have not obtained their university degree in the institution, as well as in recruiting professors from universities who have not exercised, immediately prior to their promotion to that degree, the functions of lecturer in the institution. »
The previous sentence of the sixth paragraph of Article L. 711-1 of the Education Code is as follows:
"They can take participations, participate in groups and create subsidiaries under conditions set by decree in the Council of State. »
Chapter IX of Title I of Book VII of the Education Code is supplemented by the following provisions:
“Section 5
“Other common provisions
"Art. L. 719-12. - Public institutions of a scientific, cultural and professional character may establish within them one or more academic foundations, not equipped with a legal personality, resulting from the irrevocable assignment to the institution concerned of property, rights or resources provided by one or more founders for the realization of one or more works or activities of general interest and not-for-profit consistent with the public service of higher education referred to in Article L. 123-3.
"These foundations have financial autonomy.
"The rules relating to foundations of public utility, under the conditions laid down in Act No. 87-571 of 23 July 1987 on the development of patronage, apply to academic foundations subject to the provisions of this section.
"Revenue and expenditure transactions for each foundation created under the conditions set out in the first paragraph shall be in accordance with the constitutive acts of each foundation and, where appropriate, the rules applicable to the accounts of the foundations.
"A decree in the Council of State determines the general rules of operation of these foundations and, in particular, the composition of their board of management, the place within it of the college of founders, the modalities for the exercise of State control and the conditions under which the staffing can be assigned to the activity of the foundation.
"The specific operating rules of each foundation are set out in its statutes that are approved by the board of directors of the establishment.
"Art. L. 719-13. - Public institutions of a scientific, cultural and professional nature may create, for the purpose of carrying out one or more works or activities of general interest in accordance with the missions of the establishment, a non-profit corporation known as the partnership foundation. They may create this foundation alone or with the legal persons referred to in section 19 of Act No. 87-571 of 23 July 1987 referred to above.
"The rules relating to corporate foundations, under the conditions set out in particular by Act No. 87-571 of 23 July 1987, apply to partnership foundations subject to the provisions of this section.
"In addition to the resources referred to in section 19-8 of Act No. 87-571 of 23 July 1987 referred to above, the resources of these foundations include bequests, donations and patronage.
"Public institutions of a scientific, cultural and professional nature have the majority of seats on the board of directors.
"The specific operating rules of each foundation are set out in its statutes that are approved by the board of directors of the establishment. »
The general tax code is amended as follows:
1° In the 1st of Article 200, after the words: "subject to 2 bis" are inserted the words: ", academic foundations or partnership foundations referred to in articles L. 719-12 and L. 719-13 of the Education Code respectively";
2° In the first sentence of the 1st sentence of Article 238 bis, before the words: "of a foundation of business" are inserted the words: "of a university foundation, of a partnership foundation referred to in Articles L. 719-12 and L. 719-13 of the education code or".
After the e of 1 of Article 238 bis of the General Tax Code, it is inserted an e bis as follows:
"e bis. Thesis projects offered to the doctoral mecenat by the doctoral schools in conditions fixed by decree; "
I. - The first paragraph of Article 1716 bis of the General Code of Taxes is supplemented by the words: ", or by the handover of blocks of securities of listed companies, of securities of organizations of collective investment in securities invested in securities of listed companies or negotiable obligations, as well as of negotiable obligations, in order to give them free of charge, as a grant to finance a project of
II. - After the 1st of article 1723 ter-00 A of the same code, it is inserted a 1° bis as follows:
"1° bis The provisions of Article 1716 bis relating to the payment of rights by the handover of block securities of listed companies, securities of securities collective institutions invested in securities of listed companies or in negotiable bonds or negotiable bonds; "
After Article L. 719-13 of the Education Code, as it results from Article 28, an article L. 719-14 is inserted as follows:
"Art. L. 719-14. - The State may transfer to public institutions of a scientific, cultural and professional character, upon request, the full ownership of the movable and immovable property belonging to the State which is assigned to them or are made available to them. This transfer is free of charge. It is accompanied, where applicable, by a convention to secure heritage, after conflicting expertise. It does not give rise to a payment of wages or fees for the benefit of the State or to any compensation or collection of duties or taxes for the benefit of the State. Assets that are used by the establishment for the performance of its public service missions may be subject to a contract conferring real rights to a third party, subject to the prior agreement of the competent administrative authority and clauses to ensure continuity of public service. »
The second sentence of the first paragraph of Article L. 719-4 of the Education Code is as follows:
"They can have resources from, among other things, the sale of goods, bequests, donations and foundations, service remuneration, intellectual property rights, competition funds, employers' participation in the financing of the first technological and vocational trainings and various subsidies. »
Article L. 711-8 of the Education Code is supplemented by a paragraph to read:
"The annual report prepared by the rector, Chancellor of Universities, on the exercise of the legality control of decisions and deliberations of statutory bodies of scientific, cultural and professional public institutions is made public. »
The second paragraph of Article L. 612-1 of the Education Code is as follows:
"During each cycle, national diplomas or institutional diplomas are issued that punish the acquired knowledge, skills or professional qualification elements. Degrees of licence, master's and doctorate are conferred respectively in the first, second and third cycle. »
Chapter III of Book II title III of the Education Code is thus written:
“Chapter III
"The Conference of Heads of Establishments
higher education
"Art. L. 233-1. - I. - The Conference of Heads of Institutions of Higher Education is composed of officials of French schools abroad, directors of institutes and schools outside universities and members of two conferences constituted respectively:
" - university presidents, officials of major institutions and directors of normal higher schools;
" - officials of higher education institutions, institutes or internal schools to these institutions authorized to issue the engineering degree and directors of engineering schools, other than those of the minister responsible for higher education, having, if any, received the approval of their supervisory authority.
“These two conferences meet separately to discuss issues affecting them.
"Each of these two conferences can be set up in an association governed by the law of July 1, 1901 on the contract of association.
“II. - The Conference of Heads of Institutions of Higher Education, in plenary training, elects a president and an office for a period of two years. She studies all issues of interest to the establishments she represents. It may wish the Minister responsible for higher education. He submits to him the problems for which he requires his reasoned opinion.
"Art. L. 233-2. - The associations mentioned in the last paragraph I of Article L. 233-1 are intended to represent with the State, the European Union and other competent international bodies in the field of higher education and research the common interests of the institutions they group. They shall be granted, subject to their approval by the Minister for Higher Education, the regime of associations recognized as public utility.
"For this purpose, they may receive, in addition to the annual contributions paid by the institutions they represent, subsidies from the State and other public authorities, as well as any other resource in accordance with their status. They are subject to the control of the Court of Auditors.
"These associations may benefit from the competition of incumbent or contracted public officials made available to them by the public administration or institution of which they depend or officials placed in the detachment position. »
The first sentence of the second paragraph of Article L. 232-1 of the Code of Education is as follows:
"The public institutions of a scientific, cultural and professional character are represented by the two conferences of heads of institutions of higher education, which designate their representatives, and by elected representatives of staff and students, elected by secret ballot by separate colleges. »
The c of 1 of articles 200 and 238 bis of the General Tax Code is as follows:
"(c) higher education institutions or public or private artistic education, of general interest, for non-profit purposes; "
Beginning in the 2008-2009 academic year, the national classifying tests of the third cycle of medical studies have a critical reading test of one or more scientific articles.
Title III of Book II of the first part of the Education Code is supplemented by a chapter X as follows:
“Chapter X
"The Mediator of National Education
and higher education
"Art. L. 23-10-1. - A mediator of national education and higher education, academic mediators and their correspondents receive claims concerning the functioning of the public service of national education and higher education in its relations with users and its agents. »
The first paragraph of Article L. 353-21 of the Construction and Housing Code is thus amended:
1° After the word: "mixed" are inserted the words: "and the regional centres of academic and academic works";
2° The word "they" is replaced by the word "they".
I. - Sections 22, 23 and 37 apply to Mayotte.
Sections 1, 20, 22, 23, 27, 33 to 35, 37 and 47 and section 36, excluding its last three paragraphs, apply in French Polynesia and New Caledonia.
II. - The education code is modified as follows:
1° In articles L. 263-1 and L. 264-1, after the reference: "L. 233-1", the reference is inserted: ", L. 233-2";
2° Before the first paragraph of Article L. 772-1, a paragraph shall be inserted as follows:
"Section L. 719-14 is applicable to Mayotte. » ;
3° Sections L. 973-1 and L. 974-1 are amended as follows:
(a) The word and reference are added: "and L. 953-7";
(b) After the reference: "L. 952-1" are inserted the references: ", L. 952-2 to L. 952-6, L. 952-7";
(c) After the reference: "L. 952-20", the reference is inserted: ", L. 952-24".
III. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order within one year of the coming into force of this Act the necessary legislative measures to extend and adapt to New Caledonia and French Polynesia the provisions of this Act.
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to amend by order the Code of Education, within one year of the coming into force of this Act, to make necessary modifications to the provisions of this Code relating to higher education in the Wallis and Futuna Islands.
Ratification bills are tabled before Parliament no later than six months from the issuance of the Orders.
IV. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to take, within six months of the publication of this Act, measures to adapt titles II and III to the particular characteristics and constraints of the overseas regions and departments, in particular for their application to universities in several overseas regions and departments. The ratification bill shall be deposited no later than six months from the issuance of the orders.
The application of titles II and III of this Act to universities in several overseas departments or regions is postponed by six months.
I. - The board of directors of the university in exercise on the date of publication of this Act determines, by statutory deliberation, the composition of the new board of directors in accordance with the provisions of section 7.
In the absence of statutory deliberation adopted within six months of the publication of this Act, the first board of directors elected in accordance with the provisions of this Act shall consist of twenty members.
II. - A new board of directors shall be designated in accordance with the provisions of this Act no later than one year from its publication.
Members of the boards of directors in place on the date of publication of this Act whose term expires before the date fixed for the election of elected members of the first board constituted in accordance with the provisions of the first paragraph shall sit validly until that date.
III. - Scientific councils and councils of studies and academic life in exercise on the date of publication of this Act shall be valid until the first election of the board of directors following the coming into force of this Act. Section 8(1) applies to the first renewal of the Scientific Council.
IV. - The chairs on or after September 1, 2007, whose term expires before the date fixed for the election of the members of the first board of directors elected in accordance with this Act, shall be held in office until that date within the one-year period provided for in the II.
When the remaining term of office is longer than six months, the chairs in office on the date of the election of the new board of directors shall remain in office until the end of their term. They propose to the approval of the elected members of the new board of directors the list of external personalities appointed in accordance with Article II of Article L. 712-3 of the Code of Education. The new board of directors deliberates on the ongoing maintenance of the said presidents. At the end of their term of office, new chairs are elected in accordance with this Act, whose term ends with that of non-student members of the board of directors on the date of election.
The term of office of the chairs on the date of the election of the new board of directors may be renewed once.
By derogation from Article 43 II, the appointment of the new Board of Directors, in accordance with the provisions of this Act, shall be postponed by six months to universities that have decided, before the publication of this Act, to join a single university by 1 January 2009.
Sections 5, 6, 9 with the exception of its last paragraph, the last sentence of the third paragraph of section 11, sections 12, 14, 15, 18, 19 and 25, as well as the IV of section L. 712-3 of the Code of Education and the 2nd of section 8 of this Act apply as of the installation of the new Board of Directors.
Commissions of specialists in office on the date of publication of this Act shall be maintained within one year of the publication of this Act.
At the end of this period, the competences previously exercised by the above-mentioned commissions are exercised, subject to the exemptions that may be provided by decree in the Council of State and with the exception of the competences vested in the selection committees established by this Act, by the scientific council in restricted training to teachers in research.
Section 20, I, applies for 2008-2009.
The Joint Technical Committees that exist on the effective date of this Act shall exercise all the powers set out in section L. 951-1-1 of the Education Code. The texts that have instituted them may only be amended in accordance with the procedure provided for in the same article.
Chapter I of Title III of this Act applies in full right to all universities no later than five years from its publication.
After the article L. 711-8 of the Education Code, an article L. 711-9 is inserted as follows:
"Art. L. 711-9. - I. - Public institutions of a scientific, cultural and professional nature other than academia may apply, under the conditions laid down in Article L. 712-8, for the expanded responsibilities and competencies in the budgetary and human resources management fields referred to in Articles L. 712-9, L. 712-10 and L. 954-1 to L. 954-3.
“II. - A decree in the Council of State specifies the conditions under which administrative public institutions whose missions include higher education and research may apply to benefit, under the conditions laid down in article L. 712-8, of the responsibilities and expanded competences mentioned in the I of this article. This decree also specifies the conditions under which these establishments are entitled to establish a partnership foundation, under the conditions defined in Article L. 719-13, and to benefit from the transfer of the furniture and real estate belonging to the State which are assigned to them or are made available to them, under the conditions laid down in Article L. 719-14. »
A decree establishes a follow-up committee to assess the application of this Act. This committee includes two deputies and two senators, including one of them a holder and one alternate, appointed by their respective assemblies. It transmits annually to Parliament a report on its work.
This law will be enforced as a law of the State.
Done in Paris, 10 August 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Higher Education
and research,
Valérie Pécresse
(1) Preparatory work: Act No. 2007-1199.
Senate:
Bill No. 367 (2006-2007);
Report of Mr. Jean-Léonce Dupont, on behalf of the Committee on Cultural Affairs, No. 372 (2006-2007);
Opinion of Mr. Philippe Adnot, on behalf of the Finance Committee, No. 373 (2006-2007);
Discussion on 11 and 12 July 2007 and adoption, after an emergency statement, on 12 July 2007.
National Assembly:
Bill, passed by the Senate, No. 71;
Report of Mr. Benoist Apparu, on behalf of the Cultural Affairs Committee, No. 80;
Discussion from 23 to 25 July 2007 and adoption on 25 July 2007.
Senate:
Bill, amended by the National Assembly, No. 421 (2006-2007);
Report of Mr. Jean-Léonce Dupont, on behalf of the Joint Parity Commission, No. 426 (2006-2007);
Discussion and adoption on 1 August 2007.
National Assembly:
Report of Mr. Benoist Apparu, on behalf of the joint parity commission, No. 113;
Discussion and adoption on 1 August 2007.
