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Decree No. 2009-427 Of April 16, 2009 On The Publication Of The Agreement Between The French Republic And The Holy See On The Recognition Of Degrees And Diplomas In Higher Education (Set A Protocol Of Application), S...

Original Language Title: Décret n° 2009-427 du 16 avril 2009 portant publication de l'accord entre la République française et le Saint-Siège sur la reconnaissance des grades et diplômes dans l'enseignement supérieur (ensemble un protocole additionnel d'application), s...

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Summary

Application of art. 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SAINT-SIEGE , ROME , VATICAN , SUPERIOR , GRADE , DIPLOME , RECONNAISSANCE , ADDITIONAL PROTOCOLE , RECOGNIZATION OF QUALIFICATION


JORF no.0092 of 19 April 2009 page 6746
text No. 10



Decree No. 2009-427 of 16 April 2009 on the publication of the agreement between the French Republic and the Holy See on the recognition of degrees and diplomas in higher education (as a whole an additional protocol of application), signed in Paris on 18 December 2008 (1)

NOR: MAEJ0903904D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/4/16/MAEJ0903904D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/4/16/2009-427/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2000-941 of 18 September 2000 publication of the Convention on the Recognition of Qualifications of Higher Education in the European Region, held in Lisbon on 11 April 1997,
Decrete:

Article 1


The agreement between the French Republic and the Holy See on recognition of diplomas and degrees in higher education (as a whole an additional protocol of application), signed in Paris on 18 December 2008, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    A C C O R D


    BETWEEN THE FRENCH REPUBLIC AND SAINT-SIGE ON THE RECOGNITION OF GRADES AND DIPLOYMENTS IN THE SUPERLY ENVIRONMENT, SUSTAINABLE ADDITIONAL PROTOCOL, SIGNED TO PARIS 18 DECEMBER 2008
    The French Republic, on the one hand,
    and
    The Holy See, on the other hand,
    below referred to as "Parties",
    Considering the Convention on the Recognition of Qualifications of Higher Education in the European Region, signed in Lisbon on 11 April 1997 and ratified by the two Authorities;
    Reaffirming their commitment, within the framework of the Bologna process, to participate fully in the construction of the European higher education space by improving the legibility of the higher education grades and diplomas issued by the institutions authorized for this purpose
    agreed that:


    Article 1
    Purpose of the agreement


    The purpose of this Agreement is to:
    1. the mutual recognition of periods of study, grades and diplomas of higher education issued under the competent authority of one of the Parties, for the continuation of studies at the same level or at a higher level in institutions providing higher education of the other Party, as defined in Article 2 of this Agreement;
    2. the legibility of the grades and diplomas of higher education issued under the competent authority of one of the Parties by a competent authority of the other Party.


    Article 2
    Scope


    This Agreement applies:
    For French higher education: the ranks and diplomas issued under the authority of the State by higher education institutions.
    For Catholic Universities, ecclesiastical faculties and higher education institutions duly authorized by the Holy See: to the ranks and diplomas they deliver in the disciplines listed in the additional protocol. A list of the institutions and the grades and diplomas concerned will be prepared by the Congregation for Catholic Education, regularly kept up to date and communicated to the French Authorities.


    Article 3
    Entry into force


    This Agreement comes into force on the first day of the second month following the date of the last notification of the parties informing each other of the fulfilment of the internal procedures required for its entry into force.


    Article 4
    Method of implementation


    An additional protocol attached to this Agreement and being an integral part of this Agreement shall provide the terms and conditions for the application of the principles contained in this Agreement. This document may be specified or amended by the competent authorities designated by both Parties in the form of an exchange of letters.


    Article 5
    Resolution of disputes


    In the event of a dispute concerning the interpretation or application of this Agreement and its additional protocol, the competent services of the two Parties shall consult with each other to resolve the dispute through amicable negotiation.


    Article 6
    Duration of the agreement


    This Agreement shall be concluded for an indefinite period. It may be denounced by each of the Parties and this decision will take effect three months after this formal notification.
    In faith, the undersigned, duly authorized to do so, have signed this Agreement.
    Done in Paris, on Thursday, 18 December 2008, in duplicate, in French.


    For the French Republic:
    Bernard Kouchner
    Minister of Foreign Affairs
    and European
    For the Holy See:
    Mgr. Dominique Mamberti
    Secretary for Relations
    with States



    ADDITIONAL PROTOCOL


    TO THE ACCORD AGAINST THE FRENCH REPUBLIC AND SAINT-SIGE ON THE RECOGNITION OF GRADES AND DIPLOYMENTS IN SUPERIOR INFORMATION
    In accordance with Article 4 of the Agreement between the French Republic and the Holy See on Recognition of Degrees and Degrees in Higher Education, signed in Paris on 18 December 2008, the two Parties agreed to apply the principles contained in the Agreement as follows:


    Article 1
    Scope of application of additional protocol


    This protocol applies:
    For French higher education: to the ranks and diplomas issued under the authority of the State by authorized higher education institutions.
    For Catholic universities, ecclesiastical faculties and higher education institutions duly authorized by the Holy See: to the ranks and diplomas they deliver in the disciplines listed in Article 2 of the Additional Protocol. A list of institutions and diplomas will be prepared by the Congregation for Catholic Education, regularly updated and communicated to the French authorities.


    Article 2
    Grade information and diplomas


    For French higher education: grades set the main reference levels of the European Higher Education Area.
    They are four: the baccalaureate as a condition of access to higher education diplomas; license (180 ECTS credits on the basis of 60 ECTS credits per year); the master (300 ECTS credits on the basis of 60 ECTS credits per year); Doctoral.
    The degree is conferred by a diploma issued under the authority of the State and carrying the specialty.
    For Catholic universities, ecclesiastical faculties and higher education institutions duly authorized by the Holy See:
    diplomas issued by Catholic universities and higher education institutions duly authorized by the Holy See;
    ― ecclesiastical degrees directly delivered by ecclesiastical faculties under the authority of the Holy See.


    Article 3
    Recognition of conferring degrees
    a grade and entering the application field


    For the purposes of this protocol, the term "recognition" means that a degree obtained in one of the Parties is declared at the same level to produce the effects provided for in the Agreement.
    On prior request of the interested parties, the same level shall be recognized:
    (a) French doctorate and ecclesiastical degrees of doctorate;
    (b) French master's degrees (300 ECTS credits) and ecclesiastical degrees of licence;
    (c) The French Bachelor's Degree (180 ECTS) and Bachelor's Ecclesiastical Degrees.
    The competent authorities for the recognition of diplomas are:
    - for the legibility of higher education grades and diplomas issued under the competent authority of one of the Parties:
    ― in France: the National Centre for Academic Recognition and Professional Recognition ― ENIC-NARIC France Centre near the International Centre for Educational Studies (CIEP);
    – to the Holy See: the office of the Holy See for academic recognition, which is located at the Nonciature in France.
    ― for further study:
    ― in French higher education institutions: the higher education institution in which the student wishes to register;
    – in Catholic universities, ecclesiastical faculties and higher education institutions duly authorized by the Holy See: the office of the Holy See for academic recognition, which is located at the Nonciature in France.


    Article 4
    Recognition of study periods
    and diplomas not conferring a degree


    1. The studies and institutions in which they are prosecuted must correspond to the conditions set out in Article 1 of this Protocol.
    2. Upon prior request, the examinations or partial periods of studies validated in institutions providing higher education leading to the issuance of a recognized degree in one of the Parties shall be taken into account, including on the basis of the European ECTS credit system, for the continuation of studies in institutions providing higher education recognized in the other Party.
    3. The competent authority for the recognition of study periods is:
    - in French higher education institutions: the higher education institution in which the applicant wishes to continue his studies;
    – in Catholic universities, ecclesiastical faculties and higher education institutions duly authorized by the Holy See: in agreement with the Congregation for Catholic Education, the office of the Holy See for academic recognition, which is located at the Nonciature in France.


    Article 5
    Follow-up to the present protocol


    The competent services of both Parties shall meet as necessary for the application of this Protocol.
    The diploma information services issued in each of the two Parties are:
    – for France: the ENIC-NARIC France Centre;
    – for the Holy See: in agreement with the Congregation for Catholic Education, the office of the Holy See for academic recognition, which is located at the Nonciature in France.


Done in Paris, April 16, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Agreement entered into force on 1 March 2009.
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