Key Benefits:
Publics concerned: associate teachers, presidents and directors of public higher education institutions.
Purpose: Disconcerte the management of associate teachers involved in public higher education and research institutions.
Entry into force: the decree comes into force on the first day of the month following its publication.
Notice: the decree deconcentrates the appointment of associate lecturers as well as the maintenance and renewal of the functions of all associate teachers, whether they are full-time or mid-time professors or lecturers. These decisions will now be taken by the presidents and directors of public higher education institutions.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Prime Minister and the Minister of Higher Education and Research,
Considering the education code, including articles L. 951-3, L. 952-1 and L. 952-13;
Vu le search codeincluding articles L. 413-1 to L. 413-11;
See?Order No. 58-1136 of 28 November 1958 Amended Act on Appointments to Civil and Military Employment of the State;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 85-733 of 17 July 1985 amended on lecturers and professors from associated or invited universities;
Vu le Decree No. 91-267 of 6 March 1991 amended on associate or invited teachers in certain higher education institutions under the Minister for Higher Education;
Vu le Decree No. 2007-611 of 26 April 2007 modified for the exercise of private activities by non-public servants or agents temporarily or permanently ceased their functions and the ethics board;
Having regard to the advice of the Departmental Joint Technical Committee on Higher Education and Research dated September 21, 2011;
The State Council (Section of Administration) heard;
The Council of Ministers heard,
Decrete:
The first paragraph of Article 2 of the above-mentioned Decree of 17 July 1985 is replaced by the following provisions:
"The appointments of the professors of the associated universities are made by decree of the President of the Republic, on the proposal of the president or director of the institution after the advice of the scientific council or the organ taking place and the board of directors.
Appointments of associate lecturers shall be made by order of the president or director of the institution, after the advice of the scientific council or organ taking place and the board of directors. »
Article 4 of the same decree is amended as follows:
1° In the second paragraph, the words: "by order of the minister" are replaced by the words: "by order of the president or director of the institution" and the words: "by order of the minister responsible for higher education" are replaced by the words: "by order of the president or director of the institution";
2° It is added a paragraph to read:
"However, pursuant to Article L. 952-13 of the Education Code, the functions of associate teachers to whom refugee quality is recognized may be renewed annually, without limitation of duration. »
Article 5 of the same decree is amended as follows:
1° In the first paragraph of I, the words: "6 first paragraphs of section 25-1 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France are replaced by the words: " articles L. 413-1 to L. 413-3 of the search code » ;
2° In the third paragraph of the I, the words: "The provisions of the eighth and last paragraphs of Article 25-1 of the Act of 15 July 1982 referred to above shall be replaced by the words: "Articles L. 413-5 and L. 413-7 of the Code of Research" and the words: "under title II of Decree No. 95-168 of 17 February 1995 relating to the exercise of private activities by officials or non-holders who have temporarily or permanently ceased
3° In the first paragraph of the II, the words: "in section 25-2 of the Act of 15 July 1982 referred to above" are replaced by the words: "in sections L. 413-8 to L. 413-11 of the Research Code" and the words: "within the limit of 15%" are replaced by the words: "within the limit of 49%";
4° In the last paragraph, the words "under title II of the decree of 17 February 1995 mentioned above" are replaced by the words "by titles I and III of the decree of 26 April 2007 referred to above."
In II of section 9 of the same decree, the words: "of the contract of association" are replaced by the words: "of their functions as associate" and the words: "by order of the minister responsible for higher education" are replaced by the words: "by order of the president or director of the institution".
Article 9-1 of the same decree is amended as follows:
1° The first sentence is replaced by the following provisions: "The mid-time lecturers are appointed for a period of three years by a decree of the president or director of the institution according to the procedure provided for in Article 2 of this decree for full-time associate lecturers. » ;
2° It is added a paragraph to read:
"However, pursuant to Article L. 952-13 of the Education Code, the functions of associate lecturers to whom refugee status is recognized may be renewed annually, without limitation of duration. »
The first paragraph of Article 9-2 of the Decree is thus amended:
1° In the first sentence, the words: "full-time associates" are replaced by the words: " Full-time university professors";
2° In the second sentence and in the third sentence, the words: "by order of the minister responsible for higher education" are replaced by the words: "by order of the president or director of the institution";
3° It is added a paragraph to read:
"However, pursuant to Article L. 952-13 of the Education Code, the functions of associate professors to whom refugee quality is recognized may be renewed annually, without limitation of duration. »
At 2° of Article 2 of the above-mentioned Decree of 6 March 1991, the words: "Article 16 of the law of 26 January 1984 referred to above" are replaced by the words: "Article L. 612-7 of the Code of Education".
The first paragraph of Article 3 of the Decree is replaced by the following provisions:
"The appointments of full-time associate teachers whose functions correspond to those of university professors in the institution are made by decree of the President of the Republic, on the proposal of the bodies of the statutory establishment consulted for the appointment of incumbents of the same category.
The appointments of full-time associate teachers whose functions correspond to those of lecturers in the establishment shall be made by order of the president or director of the institution, on the proposal of the bodies of the registered establishment consulted for the appointment of incumbents of the same category. »
Article 4 of the same decree is amended as follows:
1° In the second paragraph, the words "by order of the minister responsible for higher education" are replaced by the words "by order of the president or director of the institution";
2° It is added a paragraph to read:
"However, pursuant to Article L. 952-13 of the Education Code, the functions of associate teachers to whom refugee quality is recognized may be renewed annually, without limitation of duration. »
Article 6-1 of the same decree is amended as follows:
1° In the first paragraph of I, the words: "6 first paragraphs of section 25-1 of Act No. 82-610 of 15 July 1982 of orientation and programming for the research and technological development of France are replaced by the words: " articles L. 413-1 to L. 413-3 of the search code » ;
2° In the third paragraph of the I, the words: "The provisions of the eighth and last paragraphs of Article 25-1 of the Act of 15 July 1982 referred to above shall be replaced by the words: "Articles L. 413-5 and L. 413-7 of the Code of Research" and the words: "under title II of Decree No. 95-168 of 17 February 1995 relating to the exercise of private activities by officials or non-holders who have temporarily or permanently ceased
3° In the first paragraph of the II, the words: "in section 25-2 of the Act of 15 July 1982 referred to above" are replaced by the words: "in sections L. 413-8 to L. 413-11 of the Research Code" and the words: "within the limit of 15%" are replaced by the words: "within the limit of 49%";
4° In the last paragraph, the words "under title II of the decree of 17 February 1995 mentioned above" are replaced by the words "by titles I and III of the decree of 26 April 2007 referred to above."
The first paragraph of Article 8 of the Decree is replaced by the following provisions:
"The appointments of full-time associate teachers whose functions correspond to those of university professors in the institution are made by decree of the President of the Republic, on the proposal of the bodies of the statutory establishment consulted for the appointment of incumbents of the same category.
The appointments of middle-time associate teachers whose functions correspond to those of lecturers in the establishment shall be made by order of the president or director of the establishment, on the proposal of the bodies of the registered establishment consulted for the appointment of the incumbents of the same category. »
Article 9 of the same decree is amended as follows:
1° In the first paragraph, the words: "in accordance with the procedure set out in section 8 above, by order of the minister responsible for higher education" are deleted and the words: "by order of the same minister" are replaced by the words: "by order of the president or director of the institution";
2° In the second paragraph, the words "by order of the minister responsible for higher education" are replaced by the words "by order of the president or director of the institution";
3° After the third preambular paragraph, a sub-item is added:
"However, pursuant to Article L. 952-13 of the Education Code, the functions of associate teachers to whom refugee quality is recognized may be renewed annually, without limitation of duration. »
In the first paragraph of Article 11 of the same decree, the words: "the breach of the contract of association" are replaced by the words: "the termination of the functions of associate".
This Order comes into force on the first day of the month following its publication.
The provisions of decree of 17 July 1985 referred to above and decree of 6 March 1991 referred to above, in their writing from this decree, may be amended by decree in the Council of State.
The Prime Minister, the Minister of Public Service and the Minister of Higher Education and Research are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 26 January 2012.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Higher Education
and research,
Laurent Wauquiez
The Minister of Public Service,
François Sauvadet
