Key Benefits:
Publics concerned: users and university staff.
Subject: conditions to be met by staff and students to be an elector and eligible for advice from public institutions of a scientific, cultural and professional character.
Entry into force: the text applies to elections whose organizational terms are set for a decision after its date of publication.
Notice: the changes in the conditions for the exercise of the right of suffrage introduced by this decree for the representation of staff and students are intended to clarify the rules regarding the establishment's electoral list as part of the organization of elections.
This decree distinguishes, among other things, registered voters from the list of electors who must apply. With respect to personnel and users whose registration on the list is subject to a request on their part, the decree specifies that they must have made this request no later than five frank days before the date of the election, in the forms fixed by the president of the university or the director of the institution. Finally, in order to be electors and eligible, teachers-researchers and teachers outside the institution, staff recruited by the institution to perform teaching, teaching and research functions or research activities at the institution must have carried out a number of teaching hours at least equal to one-third of the basic teaching obligations.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Higher Education and Research,
Considering the education code, including articles L. 719-1, L. 719-2, L. 952-24, L. 953-7 and L. 954-3;
Vu le Decree No. 85-59 of 18 January 1985 Amending the conditions for the exercise of the right to vote, the composition of the electoral colleges and the modalities of assimilation and level equivalence for the representation of staff and students on the advice of public institutions of a scientific, cultural and professional character, as well as the procedure for appeal against elections,
Decrete:
The above-mentioned decree of 18 January 1985 is amended in accordance with articles 2 to 10.
In section 3, the first sentence of 3 on administrative, technical, labour and service personnel is supplemented by the words: ", library staff other than library scientific staff and social and health services personnel. »
Article 7 adds a paragraph to read as follows:
"Personals and users whose registration on the lists of electors is subject to an application on their part must have made this application no later than five frank days before the date of the election, in the forms fixed by the president of the university or the director of the institution. »
Section 8 is amended as follows:
1° In the first paragraph, after the word: "showed", the words are inserted: "in all locations of the establishment affected by the election";
2° The penultimate paragraph shall be replaced by the following provisions:
"A person who meets the conditions to be an elector, including, where applicable, a person who has made the application under the conditions set out in the last paragraph of section 7 of this Decree, and whose name is not on the list of electors of the college to which he or she reports, may request the president of the university or the director of the institution to have his or her registration, including the election day. In the absence of an application made by the day of the election, it may no longer contest its lack of registration on the list of electors. »
Section 9 is amended as follows:
1° The first paragraph is replaced by the following:
"Electors in the corresponding colleges are the incumbent teacher-researchers and teachers who are assigned to the position of activity in the unit or institution, or who are detached or made available to them, provided that they are not on long-term leave.
Receiving teacher-researchers and teachers who do not meet the conditions set out in the preceding paragraph, but who perform duties on the date of the vote in the unit or institution, are electors provided that they conduct a number of teaching hours at least equal to one-third of the reference teaching obligations, valued on the academic year as defined by the institution, and that they apply.
Contractual agents recruited by the institution for an indefinite period to perform teaching or teaching and research functions are electors provided that they perform in the unit or establishment a number of teaching hours at least equal to the third of the reference teaching obligations, valued on the academic year as defined by the institution.
Other non-registrant teachers are electors provided that they are in office on the date of the election, that they perform in the unit or establishment a number of hours of teaching at least equal to one-third of the basic teaching obligations, valued on the academic year as defined by the institution, and that they apply. » ;
2° In the second paragraph, the words: "non-registrants" are replaced by the words: "targeted in the three preceding paragraphs" and the words: "fixed for them in accordance with the preceding paragraph" are replaced by the words: "required to be electors";
3° In the third paragraph, after the word "affected", the words are inserted: "in an activity position or received in detachment or made available."
It is added to article 13 a paragraph as follows:
"With the exception of those recruited for an indefinite period, the personnel referred to in the previous paragraph must also apply for registration on the voters list. »
The first paragraph of section 13-1 is replaced by the following provisions:
"The scientific staff of the libraries are registered on the lists of electors of their college, subject to being assigned to the position of activity in the institution, or to be detached or made available to them, and not to be on long-term leave. »
The first paragraph of section 15 is replaced by the following provisions:
"Electors in the College of Administrative, Technical, Workers and Service Personnel are the incumbents who are assigned to the position of activity in the establishment or who are detached or made available to it, provided that they are not on long-term leave.
Non-registrant officers are eligible to be assigned to the establishment and not to be on unpaid leave for family or personal reasons. They must also be in office at the election date for a minimum period of ten months and provide at least one half-time service. »
The second paragraph of Article 22 is supplemented by the following sentence: "The lists of candidates are composed in view of the objective of balanced representation between men and women. »
Section 11 is repealed.
The provisions of this decree apply to the elections of councils of public institutions of a scientific, cultural and professional character whose organizational terms are fixed by a decision of the president of the university or the director of the institution after the date of publication of this decree.
The provisions of this Decree are applicable in New Caledonia, French Polynesia and the Wallis and Futuna Islands.
The Minister of the Interior, Overseas, Territorial and Immigration, the Minister of Higher Education and Research and the Minister to the Minister of the Interior, Overseas, Territorial and Immigration, responsible for the Overseas, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 24 August 2011.
François Fillon
By the Prime Minister:
Minister of Higher Education
and research,
Laurent Wauquiez
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard