Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communications,
Considering Article 2045 of the Civil Code;
Considering the education code, including articles L. 121-6, L. 811-6 and L. 821-1;
Having regard to Article 48 of the Financial Law No. 51-598 of 24 May 1951;
Having regard to the decree of 25 October 1935 establishing the financial control of the autonomous public offices and institutions of the State;
Having regard to amended Decree No. 53-1227 of 10 December 1953 concerning the accounting regulations applicable to national administrative institutions;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
In view of Decree No. 82-883 of 15 October 1982 establishing the National Centre for Plastic Arts, as amended by Decree No. 2002-1512 of 23 December 2002;
In light of the amended Decree No. 92-681 of 20 July 1992 on revenue and advances of public bodies;
In view of Decree No. 99-575 of 8 July 1999 on the modalities for approval of certain financial decisions of State public institutions;
Considering the advice of the technical committee of the national art schools dated 8 February 2002;
Considering the advice of the technical committee of the National Centre for Plastic Arts dated 11 September 2002;
The State Council (inland section) heard,
Decrete:
It is established a national public institution with an administrative character, under the supervision of the Minister of Culture, known as Villa Arson.
His seat is in Nice.
Villa Arson is a higher education institution associated with a contemporary art centre.
Its mission is:
1° The artistic, scientific and technical training of creators capable of designing, developing and promoting any realization in the field of plastic arts;
2° The design and implementation of research in the various disciplines of the plastic arts;
3° The valorization of the work of the students carried out as part of their education and the valorization of the research conducted by the institution;
4° Cooperation with French or foreign institutions pursuing similar objectives;
5° The production and presentation of works, exhibitions and artistic events;
6° Organization of artists' residences and art critics.
A target contract with the Minister responsible for culture may determine the direction of the institution and the means for a three-year period.
Villa Arson may acquire or exploit any right of literary or artistic property, patent any invention or file in its name any design, model or title of industrial property corresponding to its productions and, in any appropriate manner, value these intellectual property rights.
Tuition fees and the scholarship scheme for students are set by a joint order of the Minister for Budget and the Minister for Culture.
Villa Arson is administered by a board of directors and led by a director, assisted by a commission of research, pedagogy and student life.
The Board of Directors of Villa Arson includes fourteen members:
1° Two state representatives:
(a) The plastic arts delegate to the Ministry of Culture or its representative;
(b) The Regional Director of Cultural Affairs in the Provence-Alpes-Côte d'Azur region or his representative;
2° The mayor of Nice or his representative;
3° Chair of the regional council of the Provence-Alpes-Côte d'Azur region or its representative;
4° Three designated personalities, because of their competence in the area of activity of the institution, by order of the Minister for Culture for a period of three years renewable;
5° Three representatives of teachers, elected for a three-year renewable period;
6° Two representatives of the other categories of staff, elected for a renewable period of three years;
7° Two student representatives, elected for a one-year renewable period.
The chair of the board of directors shall be appointed for a term of three years renewable, by order of the Minister for Culture, among the personalities designated under the 4th above.
For each elected representative, an alternate shall be elected under the same conditions as the holder and for the same period. The terms and conditions for the election of these representatives are determined by an order of the Minister for Culture.
In the event of a permanent vacancy, for any cause, occurring more than three months before the expiry of their term of office, another representative shall be designated or elected under the same conditions, for the duration of the remaining term of office.
The board of directors rules by its deliberations the affairs of the institution; in particular:
1° The objective contract provided for in Article 3;
2° The program and activity report of the establishment;
3° The organization of schooling and studies on the proposal of the director, and after the advice of the research, pedagogy and student life commission presented by the director of the school;
4° The rules of procedure;
5° The budget and its amendments for all the activities of the establishment;
6° The financial account and allocation of the activity result;
7° The conditions of pay for officers recruited by the establishment;
8° Projects for the purchase or lease of buildings and, for property owned by the public establishment, sales and lease projects;
9° Acceptance of gifts and bequests;
10° The exercise of legal actions and transactions;
11° Holdings, extensions and transfers of participations;
12° General contracting conditions.
It determines the categories of contracts, conventions and transactions that, due to their nature or the financial amount incurred, must be submitted to the Director for approval and those whose responsibility the Director delegated to the Director.
He is informed about the organization of the various services of the establishment.
He may establish, after the Director's notice, any commission that he or she defines the mission. It deliberates on the report of these commissions.
The deliberations of the board of directors other than those referred to in the following paragraphs shall be enforceable in full right, in the absence of express approval notified within that period, fifteen days after their receipt by the Minister responsible for culture, if there has not been an opposition within that period.
The decisions of the Director made by delegation of the Board of Directors pursuant to the fourteenth paragraph of section 8 are enforceable under the same conditions.
Deliberations on matters referred to in 7° and 11° of the same article shall, to become enforceable, be subject to express approval by ministers responsible for culture and budget.
The deliberations on the budget or its amendments and on the financial account are approved by the same ministers under the conditions set out in the above-mentioned Decree of 8 July 1999.
The Board of Directors meets on the convocation of its President at least twice a year.
It is also met when the request is made by at least one third of its members or by the Minister for Culture.
The President shall determine the agenda of each meeting, in accordance with the Director.
The Board of Directors is validly deliberated when half of its members are present. If the quorum is not reached, the board shall be reunited within two weeks and shall then deliberate validly whatever the number of members present.
The deliberations are adopted by a majority of members present or represented. In the event of equal sharing of votes, the president's voice is preponderant.
With the exception of those who may be supple, members of the board of directors who cannot attend a meeting may empower another member of the board to vote on their behalf. No one can hold more than two powers.
The director, accounting officer and financial controller of the institution shall assist the board of directors with an advisory voice.
In addition, the chair of the board of directors may invite to participate in a session, with an advisory vote, any person whose presence it considers useful.
The functions of chair and board member are free of charge. However, the costs of stay and travel caused by board meetings are covered under the conditions provided for by the regulations applicable to State officials.
The Director shall be appointed by order of the Minister for Culture for a period of three years renewable once, after notice of the Board of Directors.
The director directs the institution. In this capacity, it exercises the following skills:
1° It represents the establishment in justice and in all acts of civil life;
2° It prepares and executes the deliberations of the Board of Directors;
3° It prepares and executes the budget and amending decisions;
4° He is the order of expenditure and revenue;
5° He has authority over all staff of the institution; appoints and affects all the jobs and functions for which no other authority has received any appointing power;
6° It signs contracts and agreements involving the establishment;
7° It ensures the execution of educational programs and research programs at the institution;
8° It develops the rules of procedure of the establishment;
9° It ensures the proper functioning of the establishment, respect for order and discipline and safety;
10° It may, without prior authorization from the board of directors, temporarily and provisionally accept donations and bequests made at the institution. The final acceptance of donations and bequests is on the agenda of the next session of the Board of Directors.
For the exercise of his or her powers, the Director may delegate his or her signature to agents of the establishment that he or she designates for that purpose.
The research, pedagogy and student life commission of Villa Arson includes 13 members.
It is composed:
1° Director, President;
2° Five representatives of teachers elected for a renewable three-year period;
3° Three representatives of students elected for a period of one year renewable;
4° A representative of technical assistance staff, elected for a three-year renewable period;
5° Of three teachers who are coordinators of the years with a degree, elected by the teaching staff for a period of one year renewable.
It can hear experts from the establishment or external personalities.
An order of the Minister responsible for culture determines the modalities for the election of elected members of the research, pedagogy and student life commission.
The research, pedagogy and student life commission is consulted on:
1° Adaptation of teachings to training objectives;
2° The definition of educational and research directions for the establishment;
3° The definition of research that is likely to be conducted in the various fields of teaching, which allows the evolution of higher education in the field of plastic arts;
4° The distribution of permanent and temporary teaching functions between the various disciplines that can be taught in the institution, as well as the corresponding skills and qualifications;
5° The award of travel and scholarships other than those mentioned in Article 5;
6° Implementation of partnerships and exchanges;
7° The definition of the policy of exhibitions, publications and dissemination of works and research.
It meets at least three times a year at the initiative of the Director or at the request of half of the elected members.
The Director presents the report of the research, pedagogy and student life commission's work before the Board of Directors.
The functions of president and member of the research, pedagogy and student life commission are free of charge.
However, the travel and residence expenses exposed to the commission's activities are covered under the conditions prescribed by the regulations applicable to State officials.
Disciplinary sanctions applicable to students are the warning, blame, temporary or final exclusion of any public institution of higher education, the temporary or final prohibition of any examination leading to a title or diploma issued by a public institution of higher education and the prohibition of registration in a public institution of higher education.
Disciplinary authority is exercised by the director of the institution. No penalty may be imposed without the student being able to present his or her observations. Except for the warning and the blame, the director shall rule in the light of the opinion rendered by the Disciplinary Council after hearing, by this instance, of the person concerned.
The composition and operation of the Disciplinary Council shall be determined by the rules of procedure.
Villa Arson is subject to the financial and accounting regime applicable to national administrative institutions.
Villa Arson is subject to the financial control provided for by the decree of 25 October 1935 referred to above.
The terms and conditions of this control are determined by joint order of the Minister responsible for the budget and the Minister responsible for culture.
The Director may make changes in the amount of the budget, transfer of funds between the operating section and the capital operations section or between the personnel and equipment sections. These decisions are enforceable after agreement by the financial controller and submitted for ratification to the Board of Directors at its next sitting.
The establishment's accounting officer is appointed by joint order of the Minister responsible for the budget and the Minister responsible for culture.
Revenue from the establishment includes:
1° State subsidies, public authorities or public or private bodies and patronage revenues;
2° Registration fees and payments and contributions from users;
3° Products of contracts and conventions, in particular contracts for teaching, research or studies carried out on behalf of third parties, concluded with all public and private bodies;
4° The proceeds of the sale of publications and documents on any medium;
5° The product of artistic, scientific or cultural events organized by the establishment;
6° The proceeds of assignments and participations;
7° Income from furniture and buildings;
8° Donations and bequests;
9° The financial proceeds of the investment of its funds;
10° The product of alienations;
11° The proceeds of the rights referred to in section 4 above and, in general, all revenues authorized by the laws and regulations.
The expenses of the establishment include personnel costs that are not covered by the State, operating and equipment costs and, in general, all expenses necessary for the activity of the establishment.
The Villa Arson may be set up for the purposes of the decree of 20 July 1992 referred to above.
Pending the appointment of the Director under the conditions set out in section 13 above, the Director General of the International Art and Research Pilot School of Villa Arson is responsible for the establishment.
Until the first election of staff and students, the board of directors shall sit validly without these representatives; they shall sit on election, which shall take place within three months of the date of effect of this decree, and their term shall expire on the same date as that of the appointed members.
The Minister responsible for culture, in agreement with the Minister responsible for the budget, determines among the assets, rights and obligations of the National Centre for Plastic Arts, those assigned to Villa Arson.
Decree No. 86-579 of 14 March 1986 establishing an international pilot school for art and research at Villa Arson is repealed.
The provisions of this Decree shall take effect on 1 January 2003.
As a transitional measure, the original budget for 2003 of Villa Arson is prepared by joint decision of the ministers responsible for culture and budget.
The provisions of this Decree other than those of Article 18 may be amended by decree.
The Minister of Economy, Finance and Industry, the Minister of Culture and Communication, the Minister of Public Service, State Reform and Land Management, the Minister Delegate for Budget and Budgetary Reform and the Secretary of State for State Reform are responsible, each with regard to the issue, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Culture
and communication,
Jean-Jacques Aillagon
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Minister for Budget
and budgetary reform,
Alain Lambert
State Secretary for State Reform,
Henri Plagnol
