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Order No. 2009 - 1534 December 10, 2009 Relating To The Competence Of The National Council Of Higher Education And Agricultural, Agri-Food And Veterinary Disciplinary Research And Ensuring The Consistency Of Various...

Original Language Title: Ordonnance n° 2009-1534 du 10 décembre 2009 relative à la compétence du Conseil national de l'enseignement supérieur et de la recherche agricole, agroalimentaire et vétérinaire en matière disciplinaire et à la mise en cohérence de diverses ...

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Summary

Application of Article 38 of the Constitution and Article 69 of Act No. 2009-526 of 12 May 2009 on the simplification and clarification of the law and relief of proceedings. Change of the rural code.

Keywords

AGRICULTURE , ARTICLE 38 , RURAL CODE , NATIONAL COUNCIL OF SUPERIOR ENQUIRY AND AGRICULTURAL AGRICOLE RESEARCH , CNESERAAV , DISCIPLINARY MATERIAL , COHERENCE MISE , DOTATION , DISCIPLINARY COMPETENCE DRAFT RESSORT , DECISION , LEARNING , LEARNING , LEARNING , LEARNING , LEARNING , PUBLIC AGRICOLE , PEDAGOGIC PROJECT , NAME CHANGEMENT , LEARNING

Legislative records




JORF no.0287 of 11 December 2009 page 21466
text No. 59



Order No. 2009-1534 of 10 December 2009 on the competence of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research in Disciplinary and the Coherence of various provisions of Book VIII of the Rural Code (Legislative Party)

NOR: AGRE0919181R ELI: https://www.legifrance.gouv.fr/eli/ordre/2009/12/10/AGRE0919181R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2009/12/10/2009-1534/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Food, Agriculture and Fisheries,
Considering the Constitution, including its article 38 ;
Vu le education code ;
Vu le search code ;
Vu le Rural codeincluding his book VIII;
Vu le Labour code ;
In light of Act No. 2009-526 of 12 May 2009 on simplification and clarification of the law and the relief of procedures, including its Article 69;
Having regard to the advice of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research of 24 June 2009;
The Council of State heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


Title I of Book VIII of the Rural Code is amended to read:
1° In the last paragraph of Article L. 811-2, the words: "Articles L. 115-1, L. 900-2 and L. 980-1" are replaced by the words: "L. 6211-1, L. 6211-2, L. 6211-5, L. 6221-1, L. 6232-6, L. 6232-8 to L. 6232-10, L. 6313-1 to L. 6313-5-11, L.
2° Article L. 811-5 is amended as follows:
(a) In the first paragraph, the words: "from the agricultural sector" are replaced by the words: "from the sectors of agriculture, forest, aquaculture, processing and marketing of agricultural products, services and development of agricultural, rural and forestry, water and environment management";
(b) In the second paragraph, the words: "his educational project" are replaced by the words: "the establishment project";
(c) In the third paragraph, the words: "3° of Article L. 811-2" are replaced by the words: "2° of Article L. 811-1";
3° Article L. 811-8 is amended as follows:
(a) The words: " Articles 3 and 4 of Act No. 88-20 of 6 January 1988 relating to artistic teachings are replaced by the words: "Articles L. 312-6 and L. 312-7 of the Education Code";
(b) The words "L. 814-4" are replaced by the words "L. 814-5";
(c) The words: "in the conditions provided for in Article L. 421-5 of the Education Code" are deleted;
(d) Paragraphs 13 to 16 of Article L. 811-8 are deleted;
4° Article L. 811-10 of the rural code is repealed from the date of entry into force of the decree defining the competent authority to make, with respect to local public educational and vocational training institutions, the decisions that the legislative part of the education code entrusts to the rector or academy inspector; from this repeal, Article L. 811-11 becomes Article L. 811-10;
5° Section L. 812-1 is amended as follows:
(a) In the second paragraph, the words: “principles of Title I of Act No. 84-52 of 26 January 1984 on higher education" are replaced by the words: " rules defined in chapter III of title II of Book I of the Code of Education";
(b) In the last paragraph, the words "headings II, III and IV of Act No. 84-52 of 26 January 1984 on higher education may be made applicable" are replaced by the words "sections L. 611-1, L. 612-1 to L. 612-7, L. 613-1 to L. 613-5 of the Code of Education, the first paragraph of its section L. 614-3, except articles I of Book VII-5-2,
6° In article L. 812-3, the words: " Act No. 84-52 of 26 January 1984 on higher education" are replaced by the words: "the education code";
7° In article L. 812-5, the words "of theArticle 21 of Act No. 82-610 of 15 July 1982 orientation and programming for the research and technological development of France are replaced by the words: "articles L. 341-1 to L. 341-4 of the research code";
8° Section L. 813-1 is amended as follows:
(a) In the second paragraph, the words "associations or organizations" are replaced by the words "institutions";
(b) At 1°, the words "initial or continuous" are replaced by the words "initial and continuous";
(c) At 4°, after the word: "apprentis" is inserted the word: "students";
(d) The 2° bis, 3° and 4° become the 3°, 4° and 5°;
9° Article L. 813-2:
(a) The words: "articles L. 115-1, L. 900-2 and L. 980-1" are replaced by the words: "L. 6211-1, L. 6211-2, L. 6211-5, L. 6221-1, L. 6232-6, L. 6232-8 to L. 6232-10, L. 6313-1 to L. 6313-11, L. 6324-5 and L. 6325-2";
(b) The words "L. 814-4" are replaced by the words "L. 814-5";
(c) The words: "in the conditions provided for in Article L. 421-5 of the Education Code" are deleted;
10° In the last sentence of the first paragraph of Article L. 814-3, the words "in the Council of State" are deleted;
11° Article L. 814-4 becomes Article L. 814-5; This article is amended to read:
(a) The third sentence of the first paragraph reads as follows: "Its opinion is transmitted, on the one hand, to the regional council and, on the other hand, to the council established in each academy pursuant to Article L. 234-1 of the Code of Education, which is also competent in public agricultural education. This advice provides advice on the forecasting pattern of training in agricultural education and requests for the opening of private institutions."
(b) The reference to theArticle 13 of Act No. 83-663 of 22 July 1983 completing the Act No. 83-8 of 7 January 1983 relative to the division of competence between municipalities, departments, regions and the State is replaced by the reference to Article L. 214-1 of the Code of Education; the reference to theArticle 83 of Act No. 83-8 of 7 January 1983 referred to above is replaced by the reference to Article L. 214-13 of the Education Code;
12° In sections L. 811-8 and L. 813-2, the reference to Article L. 814-4 is replaced by the reference to Article L. 814-5;
13° After Article L. 814-3, an article L. 814-4 is inserted as follows:
"Art.L. 814-4.-The National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research shall decide on appeal and as a last resort on the decisions taken by the disciplinary bodies of the higher education institutions under the authority of the Minister for Agriculture with respect to teachers, teachers and users of these institutions.
"The National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research is also competent to consider requests for the rehabilitation of exclusions, disqualifications and incapacities imposed by the disciplinary proceedings referred to in the first paragraph under the conditions set out in articles L. 231-11 to L. 231-13 of the Education Code.
"The National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research in Disciplinary Matters includes representatives of teachers-researchers, teachers and representatives of users. In the event that users do not have their right to be represented in the competent training of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research in Disciplinary and in the event that, being represented, they abstain from sitting there, this training may validly deliberate in the absence of their representatives. The President of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research in Disciplinary Matters is a professor of agricultural higher education, elected within them by all teachers-researchers members of this jurisdiction.
"When the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research in Disciplinary matters determines in respect of teachers-researchers or teachers, the competent training includes only teachers-researchers and teachers of a rank equal to or above that of the person referred to it.
"The composition, modalities and duration of designation of the members of the relevant training courses with regard to teachers, teachers and users and their functioning are defined by decree in the Council of State";
14° Section L. 815-2 is repealed.

Article 2 Learn more about this article...


The Prime Minister and the Minister of Food, Agriculture and Fisheries are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 10, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Food,

agriculture and fisheries,

Bruno Le Maire


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