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Decree Of 22 November 2006 Fixing The Election Procedures At The National Superior Council Of Education And Research Of Staff Representatives Of The Public Scientific, Cultural And Professional

Original Language Title: Arrêté du 22 novembre 2006 fixant les modalités d'élection au Conseil national de l'enseignement supérieur et de la recherche des représentants des personnels des établissements publics à caractère scientifique, culturel et professionnel

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JORF n°278 of 1 December 2006 page 18094
text No. 31



Judgment of November 22, 2006 setting out the terms and conditions of election to the National Council for Higher Education and Research of Personnel of Public Institutions of a Scientific, Cultural and Professional character

NOR: MENS0602211A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/11/22/MENS0602211A/jo/texte


The Minister of National Education, Higher Education and Research, the Minister of Transport, Equipment, Tourism and the Sea, the Minister of Agriculture and Fisheries, the Minister of Culture and Communication, the Minister of Ecology and Sustainable Development, the Minister of Overseas and the Minister for Higher Education and Research,
Considering the education code, including articles L. 232-1 and D. 232-1 to D. 232-13;
Having regard to the amended Decree No. 85-59 of 18 January 1985 on the conditions for the exercise of the right to vote, the composition of the electoral colleges and the means of assimilation and level equivalence for the representation of staff and students on the advice of public institutions of a scientific, cultural and professional character, as well as the procedure for appeal against elections;
Considering the amended decision of 29 June 1992 setting out the list of sections, sub-sections and options and the number of members of each sub-section of the National Council of Universities for medical and odontological disciplines;
Having regard to the amended decision of 13 April 1994 on the National Commission for Elections of Representatives of the National Council for Higher Education and Research;
In view of the Order of 2 May 1995, as amended by the Order of 9 November 1999 and the Order of 16 February 2001, setting out the list of groups and sections and the number of members of each section of the National Council of Universities;
Considering the opinion of the National Council for Higher Education and Research of 17 July 2006,
Stop:

Article 1


The date of the elections of representatives to the National Council for Higher Education and Research is Tuesday, 20 March 2007.
In the case that the designation of the representative of the scientific staff of the libraries is not acquired in the first round, the date of the second round is Tuesday, April 3, 2007.
Elections are held in public institutions of a scientific, cultural and professional character. The presidents or directors of these institutions inform electors of the date and place of the elections and the hours of the opening of the polling stations.

Article 2


Each public institution with a scientific, cultural and professional character displays lists of electors registered in the institution on Tuesday, January 16, 2007. Requests for correction of these lists must be received by Thursday, 25 January 2007, to the President or the Director of these institutions. Rectified electoral lists are posted on Friday, 26 January 2007.

Article 3


The lists of candidates are distinct for each category defined in section D. 232-3 of the above-mentioned education code.

Article 4


Lists of candidates are either filed directly or sent by registered letter with acknowledgement of receipt to the Ministry of Higher Education, General Directorate of Higher Education (secretariat of the National Council of Higher Education and Research), 110 Grenelle Street, 75357 Paris 07 SP, where they must reach no later than Monday, 29 January 2007, at 5 p.m.
Each list has as many names of incumbent candidates and alternate candidates as there are seats to be filled, except for the college of scientific staff in libraries. Candidates under this college may be nominated with two alternates.
The names of the incumbent and alternate candidates are indicated in the preferential order, each alternate appearing in number bis after each holder and in number ter when a second alternate is submitted under the preceding paragraph.
Each list of candidates must mention:
- the title of the list;
- the name and name of each candidate;
- the establishment in which it performs its functions, under the conditions provided for in article D. 232-4 of the above-mentioned education code;
- discipline, within the meaning of the sections determined by the above-mentioned orders of 29 June 1992 and 2 May 1995, and the number corresponding to the section with regard to teachers-researchers and similar personnel or, in the case of engineering, administrative, technical, workers, service, social and health personnel, the rank or function exercised.
An individual signed statement from each incumbent candidate and each alternate candidate must be annexed to the list filed and shall include, in addition to the supporting documentation, the address of the interested party.

Article 5


The lists of candidates received are verified under the conditions set out in the fourth paragraph of article D. 232-7 of the above-mentioned education code. They may be rectified within five frank days of notification of the request for rectification. They are published in the Official Bulletin of the Ministry of National Education within the time limit provided for in this same article. The lists are then sent either to the academy rectors, who transmit them to the presidents or directors of public institutions of a scientific, cultural and professional character other than those subject to the provisions of Article L. 717-1 of the aforementioned education code, or directly to the directors of the higher normal schools, major French schools and schools abroad. Reproduction of lists is ensured in establishments in a sufficient number of copies to be used as ballots.
Each establishment ensures the advertising of these lists by posting as well as on its website.

Article 6


Elections are held in each scientific, cultural and professional public establishment. It is established a starting list with the names of electors in each category.
Each starting list is authenticated by the signature of the president or director of the establishment.

Article 7


A polling station is established in each of the establishments referred to in Article 1 above. It consists of five representatives of at least three of the four categories of personnel representatives defined in section D. 232-3 of the above-mentioned education code and a president, designated by the president or director of each of these institutions. The academy rector shall designate a representative for each polling station.
The mission of the office is to ensure the proper conduct of the election, to establish the minutes of the electoral operations and to proceed with the counting.
The voting office is open for a period of 10 consecutive hours.
Voting sections constituted under the same conditions as the polling station may be established. The mission is to ensure the proper conduct of the election and to establish the record of the electoral operations.

Article 8


Only voting material provided by the administration must be used.
The elector who votes by mail must pass his vote by mail: he inserts his ballot in envelope No. 1 with no distinctive sign; it introduces this envelope No. 1 in envelope No. 2 with the mention: "elections to the National Council of Higher Education and Research", on which it applies its name, first name and signature and indicates the name of its institution; it puts envelope number 2 previously closed in envelope number 3, which it addresses to the president of the polling station.
Folds must be sent to the President of the polling station by Friday, March 16, 2007, the stamp of the position being authentic.
Envelopes No. 1 containing ballots by correspondence are introduced in the ballot box corresponding to the elector's category at the close of the ballot.

Article 9


The vote is secret. The passage through isoloir is mandatory.
Each elector puts in the ballot box corresponding to his category, previously introduced in envelope No. 1.
The vote of each elector is recorded by its signature, affixed to ink on the bootlist in front of its name.

Article 10


The starting lists referred to in Article 6 above contain either the signature of the electors, or the mention: "by correspondence" written in ink by a member of the office in front of the name of each elector who voted in correspondence.
After the poll is closed, the ballot boxes are opened and the number of envelopes is checked. If this number is different from that of the start, reference is made to the report.

Article 11


The polling stations established in public institutions of a scientific, cultural and professional character shall immediately carry out the counting and shall establish a record that shall include, in addition to a record of the electoral operations, the number of electors, voters, votes cast and votes obtained by each list. Among the voters, the number of electors who voted by mail must be specified.
The minutes, signed by the members of the polling station and signed by the president or director of the establishment, shall be transmitted without delay to the national commission referred to in article 12 of this order.

Article 12


The national commission established pursuant to the provisions of Article D. 232-13 of the aforementioned Code of Education shall consolidate the results from the minutes of the polling stations referred to in Article 11 of this Order.
It prepares a report for the consolidation of national results, which shows the balance sheet of all electoral operations.
It shall distribute the seats to be filled between the lists or candidates in attendance in accordance with the regulations in force.
The president of the national commission proclaims the results of the election.

Article 13


The decision of 20 September 2002 setting out the terms and conditions of election to the National Council for Higher Education and Research of the staff of public institutions of a scientific, cultural and professional character is repealed.

Article 14


This Order is applicable in the Overseas Territories of French Polynesia and the Wallis and Futuna Islands and New Caledonia.

Article 15


The Director General of Higher Education is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, November 22, 2006.


Minister of National Education,

higher education

and research,

Gilles de Robien

Minister of Transport, Equipment,

tourism and the sea,

Dominica Perben

Minister of Agriculture and Fisheries,

Dominic Bussereau

Minister of Culture

and communication,

Renaud Donnedieu de Vabres

Minister of Ecology

and Sustainable Development

Nelly Olin

The overseas minister,

François Baroin

Minister Delegate

higher education

and research,

François Goulard


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