Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communications,
Vu le Civil codeincluding article 2045;
Considering the education code, including articles L. 121-6, L. 613-1, L. 759-1 and L. 811-6;
Considering the code of the state domain, including articles R. 128-12 to R. 128-16;
Having regard to the amended Financial Law No. 63-156 of 23 February 1963, including its Article 60;
Vu le Decree No. 53-1227 of 10 December 1953 amended on accounting regulations applicable to national administrative institutions;
Vu le Decree No. 62-1587 of 29 December 1962 amended by-law on public accounting;
Vu le Decree No. 92-681 of 20 July 1992 amended on revenue-based authorities and advances by public bodies;
Vu le Decree No. 99-575 of 8 July 1999 the terms and conditions for approval of certain financial decisions of State public institutions;
Vu le Decree No. 2005-757 of 4 July 2005 relating to financial control in State administrative public institutions;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Vu le Decree No. 2007-1678 of 27 November 2007 relating to professional national graduates issued by higher education institutions authorized by the Minister responsible for culture in the fields of music, dance, theatre and circus arts and the process of enabling these institutions;
Having regard to the advice of the technical committee of the National Conservatory of Dramatic Art dated 2 July 2009;
The State Council (inland section) heard,
Decrete:
The National Conservatory of Dramatic Art is a national public institution with an administrative character under the supervision of the Minister for Culture. His seat is in Paris.
The National Conservatory of Dramatic Art is a higher education institution within the meaning of Article L. 759-1 of the Code of Education. He is responsible for providing high-level education in the field of drama in all its forms, in terms of initial training or continuing education. The purpose of this teaching is to acquire the theoretical knowledge and practical mastery necessary for the exercise of drama and its teaching.
For the exercise of its duties, the establishment:
1° Organizes, as part of the learning of the stage, theatre shows;
2° Pass conventions with public or private bodies, including French or foreign higher education;
3° Facilitate research activities, mainly educational, and ensure its dissemination;
4° Assure of service services in an expensive way, produces editorial and audiovisual productions or participates in it and ensures the valorization of its productions and activities.
The teaching staff of the National Conservatory of Dramatic Art includes professors, associate professors and assistants. Their functions and modes of recruitment and management are defined by decree of the Minister for Culture.
It may also be appealed to personalities chosen because of their competence in the areas of activity of the institution.
Pursuant to the provisions of Article L. 759-1 of the Education Code, the National Higher Drama Conservatory may be authorized by the Minister responsible for culture to issue:
1° The national professional graduate of actor, in the conditions fixed by the Decree of 27 November 2007 ;
2° National teaching degrees.
As part of the conventions referred to in Article 2, the National Conservatory of Dramatic Art may also prepare for the national diplomas referred to in Article L. 613-1 of the Education Code.
Finally, he may issue certificates of establishment defined by decree of the Minister responsible for culture or by regulation of studies.
Registration and tuition fees are determined by a joint order of the Minister responsible for the budget and the Minister responsible for culture.
The public establishment ensures the management of the state buildings which are made available by a convention of use, under the conditions provided for in articles R. 128-12 to R. 128-16 of the State domain code.
The National Conservatory of Dramatic Art is administered by a board of directors and headed by a director, assisted by a board of studies.
The board of directors of the National Conservatory of Drama Art includes, in addition to its president:
1° Three State representatives:
(a) The Director General of Art Creation at the Ministry of Culture;
(b) Two other representatives of the Minister for Culture appointed by order;
2° Three qualified personalities in the area of activity of the establishment;
3° Six elected members:
(a) Two representatives of teachers;
(b) Two representatives of technical and administrative personnel;
(c) Two student representatives.
The members mentioned at 1° can be represented.
The members referred to in 2° shall be appointed by order of the Minister for Culture for a term of three years renewable.
An order of the Minister for Culture sets out the terms and conditions for the election of the members mentioned in the 3rd. Those mentioned in a and b are elected for a term of three years renewable, those mentioned in c are elected for a term of two years renewable. For each of them, an alternate is elected under the same conditions and for the same duration.
Unless it occurs less than three months before the term expires, any vacancy, for any cause, or loss of the quality for which a member has been designated, shall be replaced for the remainder of the term to be held.
The elected representatives of the staff mentioned in the b of the 3° shall each receive, for the exercise of their mission, an hour credit per month fixed by the rules of procedure.
The other members of the board of directors shall exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions provided by the decree of 3 July 2006 referred to above.
The President of the Board of Directors is appointed by order made on the report of the Minister for Culture, for a period of three years renewable.
The Board of Directors resolves the matters of the institution through its deliberations, including:
1° General guidelines for the establishment and the regulation of studies;
2° The budget and its amendments;
3° The financial account and allocation of the year's result;
4° The general conditions of pay for the contractual staff of the establishment;
5° Rates, including royalties due to the authorizations for temporary occupation of state-owned buildings and made available to the public establishment;
6° Purchase or lease projects of buildings, sales and lease projects;
7° Donations and bequests;
8° Legal actions and transactions;
9° The acquisitions, extensions and transfers of participations and the creation of subsidiaries;
10° The concessions;
11° Categories of contracts which, due to their nature or the financial amount incurred, must be submitted to the Director for approval and those whose responsibility the Director delegates;
12° Conventions on the use of buildings concluded under Article 6;
13° The establishment's rules of procedure;
14° Annual Activity Report.
The Board of Directors may delegate to the Director some of its duties under 7° and 8° under the conditions it determines.
The Director shall report on the decisions he has made under this delegation at the following sitting.
The deliberations of the board of directors other than those mentioned in the following paragraphs shall become enforceable in full law fifteen days after their receipt by the Minister responsible for culture if the Minister did not object to it within that period.
The deliberations mentioned in 2°, 3°, 5°, 6°, 10° and 12° of Article 10 become enforceable in full law fifteen days after their receipt by the ministers responsible for culture and budget if one of them did not object in this period. Those provided for in the 4th of the same article become enforceable under the same conditions, but within one month.
To become enforceable, the deliberations mentioned in the 9th of Article 10 must be expressly approved by the Ministers responsible for culture and budget.
The Board of Directors meets at least once a semester on the convocation of its President, who sets the agenda after the Director's notice. It is also convened by the President at the request of the Minister responsible for culture or at least half of its members, who in this case propose the agenda of the session.
In the event of the President's vacancy, absence or incapacity, the Board of Directors may be convened by the Director. It is then chaired by the Vice-Chair. He is elected for three years by the board of directors among the qualified personalities mentioned in the 2nd of Article 8 at the first meeting following the election of the members mentioned in the 3rd of the same Article.
The board may only validly deliberate if at least half of the members or their representatives or alternates are present.
If the quorum is not reached, the council shall be reconvened within fifteen days on the same agenda. It then deliberates validly without condition of quorum.
The deliberations shall be taken by a majority of the votes of the members present or represented. In the event of a vote-sharing, the president's vote is preponderant.
Members of the board of directors designated at the 2nd of section 8 may give, in writing, a warrant to another member to represent them at a session. Each member can only receive one term.
The director of the conservatory, the financial control authority and the accounting officer sit on the board of directors with an advisory voice.
The President may call to participate in the meetings any other person whom he or she considers the attendance to be useful.
The Director shall be appointed by order, on the proposal of the Minister for Culture, for a period of three years renewable.
He's running the facility.
As such:
1° It prepares and executes the deliberations of the Board of Directors;
2° It represents the establishment in justice and in all acts of civil life;
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 and manages it; recruits the contract staff of the establishment; appoints and affects all the jobs for which no other authority has received any appointing power;
6° It concludes the agreements involving the establishment subject to the provisions of Article 10;
7° It distributes teaching services and informs the board of studies;
8° It ensures the execution of educational programs and research programs at the institution;
9° It prepares the regulation of studies and the rules of procedure of the establishment;
10° He exercises disciplinary power;
11° He delivers the national diplomas mentioned at 1° and 2° of Article 4 as well as the diplomas of establishment;
12° It may, without prior authorization from the board of directors, temporarily and provisionally accept donations and bequests made at the institution. Final acceptance of donations and bequests is on the agenda of the next meeting of the Board of Directors;
13° He is responsible for the organization of services; he informs the board of any decisions he makes in this matter.
The Director may delegate his signature to the institution's service managers.
In the event of a vacancy of the Director's position for any cause, the duties of Coordinator are temporarily performed by the manager of the institution's administrative and financial services for the routine performance of the institution's revenues and expenses.
The Director consults the Board of Studies on any educational matters. The Board of Studies gives its opinion on the regulation of studies prior to its presentation to the Board of Directors.
It meets at least once a semester upon the appointment of the Director or at the request of the majority of its members.
The board of studies of the National Conservatory of Drama Art includes, in addition to its president, eight members.
It is under the chairmanship of the Director and includes, in addition:
1° Four representatives of the teaching staff referred to in the first paragraph of Article 3;
2° A representative of other staff, chosen from technical staff;
3° Three student representatives.
These representatives are elected for a period of one year renewable, in accordance with the terms set by order of the Minister responsible for culture. For each of them, an alternate is elected under the same conditions and for the same duration.
The notices of the board shall be rendered by a majority of the members composing it. In the event of equal sharing of votes, the president's voice is preponderant.
The Director invites to participate in the Council, with an advisory voice, any person whom he or she considers to be a useful person.
The notices are brought to the attention of the professors and students concerned. They are brought to the attention of the board of directors when they deal with a matter within its jurisdiction.
Disciplinary penalties applicable to students are, in addition to those provided for in section L. 811-6 of the Education Code, the notice with registration, the temporary or final exclusion of part of the institution's activities, the temporary exclusion and the final exclusion of the institution. No penalty may be imposed without the interested party being able to present its observations.
Except for the warning, the Director shall rule in the light of the opinion rendered by the Disciplinary Commission after hearing, by this proceeding, of the person concerned.
The composition and operating procedures of the Disciplinary Commission are determined by the regulation of studies.
The financial and accounting operations of the establishment are carried out in accordance with the provisions of the decrees of 10 December 1953 and 29 December 1962 Severe.
The establishment is subject to the financial control established by the decree of 4 July 2005. The procedures for the exercise of this control shall be determined as necessary by a joint order of the Minister for Culture and the Minister for Budget.
The establishment's accounting officer is appointed by joint order of the Minister responsible for the budget and the Minister responsible for culture.
The resources of the National Drama Conservatory include:
1° The proceeds of student tuition fees and registration fees for contestants;
2° Donations and bequests;
3° The proceeds of contracts and conventions;
4° The proceeds of the sale of publications and documents on any medium;
5° The product of artistic and cultural events organized by the establishment;
6° The proceeds of assignments and participations;
7° Income from furniture and buildings;
8° State, public or private subsidies;
9° The recipes of patronage;
10° The product of alienations;
11° Financial products resulting from the investment of its funds;
12° Any other recipe from the exercise of its activities authorized by the laws and regulations.
The charges of the National Drama Conservatory include:
1° Personnel costs that are not covered by the State;
2° Operating, operating and production costs;
3° Equipment costs;
4° Other expenses required to carry out his duties.
Advances and receipts may be created under the conditions provided by the Decree of 20 July 1992.
The establishment shall deposit its funds available under the conditions established by thearticle 174 of the decree of 29 December 1962 referred to above and is authorized to place them in the conditions set out in Article 175 of the same decree.
The State-owned movable property, necessary for the exercise of the functions of the institution, is transferred to the property free of charge. The transfer of property is recognized by agreements between the institution and the State.
Until the first election of the members mentioned in the 3rd of Article 8, which must be held within six months of the publication of this decree, the board of directors shall sit validly without elected members. They shall sit as soon as they are elected and their terms of office shall expire on the same date as those of the appointed members.
Until the adoption of a amended decision in the forms set out in the 2nd of Article 10, which will take place within three months of the publication of this decree, the expenses and revenues of the National Conservatory of Dramatic Art will be carried out on the basis of the budget of the institution for 2011, as decided by its director and approved by the authority responsible for financial control, and, where applicable, modified under the same conditions.
The first meeting of the Board of Studies shall be held within six months of the publication of this Order.
The director of the National Conservatory of Dramatic Art according to the date of publication of this decree is maintained as director of the public institution for the duration of its remaining mandate.
Are repealed:
1° The decree of June 15, 1943 concerning the financial autonomy of the National Conservatory of Dramatic Art;
2° The Decree No. 56-1010 of 2 October 1956 a regulation of public administration for the setting of the special status of professors of the National Conservatory of Drama Art;
3° The Decree No. 56-1011 of 2 October 1956 relating to the organization of teaching at the National Conservatory of Drama Art;
4° The Decree No. 71-328 of 29 April 1971 bringing organic regulations to the National Conservatory of Dramatic Art.
The Minister of Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Minister of Culture and Communication 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 on 20 May 2011.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
