Key Benefits:
The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence Code (Legislative Party)including Book I and Book II of Part 4;
Vu la Act No. 70-631 of 15 July 1970 relating to the Modified Polytechnic School, including Article 4;
Vu le Decree No. 70-323 of 13 April 1970 relating to the reimbursement of tuition fees by some students of the Polytechnic School;
Vu le Decree No. 96-1124 of 20 December 1996 relating to the organization and administrative and financial regime of the Polytechnic School;
Vu le Decree No. 2001-622 of 12 July 2001 relating to the training of students of the Polytechnic School;
Having regard to the advice of the Supreme Council of the Military Function dated 16 June 2006;
The State Council (Finance Section) heard,
Decrete:
The French students of the Ecole Polytechnique subscribe to their entry to the school the special commitment, as a military, to the school.Article 4 of the Act of 15 July 1970 referred to above, subject to the conditions of physical fitness established by order of the Minister of Defence. They're called a vacuum grade.
The commitment is subscribed for the duration of schooling as defined by the articles 4 and 5 of the decree of 12 July 2001 referred to above.
French students of the Polytechnic School can denounce this commitment for a period of ten days following its signature.
In the event of a repetition of a year of study granted by the Minister of Defence on the proposal of the competent jury, the duration of the undertaking is increased by a time equal to this extension of education only if the insufficiency of the results is attributable to health reasons.
The rules of procedure of the Polytechnic School adopted under the conditions provided for in thearticle 5 of the decree of 20 December 1996 referred to above specifies the conditions of life at school and the regime of permissions applicable to students.
The latter are subject to the disciplinary regime provided for Articles R. 4137-9 to R. 4137-113 of the Defence Code.
French students of the Polytechnic School receive military training and training in the exercise of responsibilities during the first year of schooling, under the conditions established by a decree of the Minister of Defence.
By derogation fromArticle R. 4138-65 of the Defence Code, French students of the Polytechnic School can benefit, at the end of the period of scientific and technical deepening and initiation to professional life defined to thearticle 3 of the decree of 12 July 2001 referred to abovea leave for personal convenience of one year, unpaid, granted on the basis of an educational and professional project validated by the school principal. Leave can only be granted to a student whose results have been deemed sufficient by the jury to be admitted in the fourth year. At the end of the leave, the student reintegrates the course of his or her education.
The special undertaking referred to in Article 1 shall be terminated, ex officio and without notice, in cases provided for in 2°, 4°, 5° and 8° of Article L. 4139-14 of the Defence Code.
The special undertaking referred to in section 1 shall be terminated after notice of the board of inquiry provided for in section 7, pursuant to 3° of Article L. 4139-14 of the Defence Code.
The special undertaking referred to in section 1 shall be terminated upon request of the person regularly accepted by the Minister of Defence under the conditions provided by the Minister of DefenceArticle L. 4139-13 of the Defence Code.
The termination of the contract referred to in the preceding paragraphs shall be pronounced by the Minister of Defence or by the military authority authorized by the Minister for that purpose by order. It automatically results in the exclusion of the Polytechnic School.
The exclusion of the school following the termination of the contract by disciplinary measure is final. The student concerned may not attend the admission examination again.
I. ― The Disciplinary Board to which a French pupil of the Polytechnic School appeared included three members of the school in a position of activity and not beneficiaries of one of the leave provided for in the school.Article L. 4138-2 of the Defence Code :
1° A superior officer, president;
2° A master who does not participate in the supervision of the year of study followed by the comparant;
3° A French student of the Polytechnic School of the same year of study as the comparant.
II. ― When several French students of the Polytechnic School are involved in the same case, they appear before a single disciplinary board that includes:
1° Two superior officers, the president being the oldest in the highest rank;
2° For each student, a French student of the Polytechnic School of the same year of study as the student.
III. ― When French students of the Polytechnic School are involved in the same case with other military personnel, students and other military personnel appear before a single disciplinary council composed under the conditions provided for in theArticle R. 4137-64 of the Defence Code. For each student, the member mentioned in the 2nd article R. 4137-64 of the same code is a French student of the Polytechnic School of the same year of study as the student.
I. ― The board of inquiry before which a French student of the Polytechnic School is present includes five members of the school in an activity position and not beneficiaries of one of the leave provided for in the school.Article L. 4138-2 of the Defence Code :
1° Three senior officers, the president being the oldest in the highest rank;
2° A master who does not participate in the supervision of the year of study followed by the comparant;
3° A French student of the Polytechnic School of the same year of study as the comparant.
II. ― When several French students of the Polytechnic School are involved in the same case, they appear before a single board of inquiry which includes:
1° Four senior officers, the president being the oldest in the highest rank;
2° For each student, a French student of the Polytechnic School of the same year of study as the student.
III. ― When French students of the Polytechnic School are involved in the same matter with other military personnel, students and other military personnel appear before a single investigative board composed under the conditions set out in theArticle R. 4137-86 of the Defence Code. For each student, the soldiers provided for in 2° of article R. 4137-86 of the same code are a captain who does not participate in the supervision of the year of study followed by the comparant and a French student of the Polytechnic School of the same year of study as the comparant.
The second-level military authority of the Polytechnic School shall establish and appoint members of the Disciplinary Council and the Board of Inquiry and appoint the rapporteur of the Board of Inquiry.
The former French students of the Polytechnical School in civil life are subject to the obligation of availability, under the conditions set out in Title III of Book II of the Defence Code.
The French students of the Polytechnic School whose contract was terminated are admitted to the military reserve with the grade held at the school.
The aspiring students of the Polytechnical School who have the title of a graduate engineer of the Polytechnic School, who have not been appointed to a career officer corps, are appointed as a sub-lieutenant on the date of their release from the school and admitted to the military reserve of the army or related training in which they have followed the military training provided for in Article 3.
The Decree No. 71-708 of 25 August 1971 relating to discipline at the Polytechnic School and Decree No. 2000-900 of 14 September 2000 establishing certain statutory provisions applicable to French students of the Polytechnic School are repealed.
I. ― The provisions of the first paragraph of Article 1 shall apply to students admitted to the Polytechnic School from the year 2009.
II. ― The provisions of the last paragraph of section 1 shall apply to students admitted as of 2006.
III. The other provisions of this Order come into force as soon as it is published.
The Minister of Defence, the Minister of Budget, Public Accounts and Public Service and the Secretary of State for the Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 12, 2008.
François Fillon
By the Prime Minister:
Minister of Defence,
Hervé Morin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
