Key Benefits:
Publics concerned: users and staff of the Ecole Normale Supérieure de Lyon.
Subject: new statutes of the Ecole Normale Supérieure de Lyon, following the cancellation by the Conseil d'Etat ruling to the contentious of the Decree No. 2009-1533 of 10 December 2009 creating the Ecole Normale Supérieure de Lyon.
Entry into force: the text comes into force on 1 June 2012.
Notice: by Decision No.335033 of 23 December 2011, the Conseil d'Etat cancelled Decree No. 2009-1533 of 10 December 2009 establishing the Ecole Normale Supérieure de Lyon, effective 30 June 2012. As a result, this decree again defines the rules of organization and operation of the School, which comes from the merger of the Ecole Normale Supérieure de Fontenay - Saint-Cloud and the Ecole Normale Supérieure de Lyon. The duties of the school, its administrative organization and the status and education of students and students are unchanged from the provisions of the decree of 10 December 2009.
The statutory and advisory bodies existing on the effective date of the text remain in place and continue to exercise their competence. The rules of procedure of the school are the rules in force on the date of publication of the text; the same applies to the budget for fiscal year 2012.
The Decree of 10 December 2009 is repealed effective 1 June 2012, the date of entry into force of this Order.
References: The decree is available 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. 711-1, L. 711-7, L. 712-2, L. 712-3, L. 712-5, L. 716-1, L. 719-5, L. 719-9 and L. 821-1;
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;
Vu le Decree No. 85-789 of 24 July 1985 amended to establish scientific, cultural and professional public institutions;
Vu le Decree No. 87-695 of 26 August 1987 modified for the upper normal school;
Vu le Decree No. 94-874 of 7 October 1994 Amending the common provisions applicable to trainees of the State and its public institutions;
Vu le Decree No. 99-272 of 6 April 1999 amended on joint commissions for the establishment of public higher education institutions;
Vu le Decree No. 2000-250 of 15 March 2000 amended to classify public institutions of a scientific, cultural and professional character;
Vu le Decree No. 2010-1035 of 1 September 2010 relating to the duration of the mandates of the leaders and the functioning of the governing bodies of certain public institutions of the State, including its article 2;
Vu le Decree No. 2011-184 of 15 February 2011 amended on technical committees in the state administrations and public institutions;
In view of Decision No. 335033 of 23 December 2011 by which the Council of State adjudicating to litigation annulled Decree No. 2009-1533 of 10 December 2009 establishing the Ecole Normale Supérieure de Lyon from 30 June 2012 and, subject to the contentious actions taken at the date of its decision against the acts taken on the basis of this decree, decided that the effects of the latter prior to its cancellation are considered as final
Considering the opinion of the National Council for Higher Education and Research of 19 March 2012;
Considering the advice of the technical committee of the Ecole Normale Supérieure de Lyon dated 19 and 27 April 2012;
The State Council (inland section) heard,
Decrete:
The Ecole Normale Supérieure de Lyon, a scientific, cultural and professional public institution within the meaning of Article L. 711-1 of the Code of Education, is governed by the provisions of this Decree in accordance with the provisions of Article L. 716-1 of the same Code.
His seat is set in Lyon.
The school is under the supervision of the minister responsible for higher education who exercises, in his regard, the skills assigned to the rector of academy, chancellor of universities, by the education code and the texts taken for its application.
The school provides training of excellence for students and students dedicated to the various professions of teaching and research in the European area of higher education and research. It also contributes to the training, through research, of executives of the French and European administration and companies.
For these purposes, it provides initial and ongoing training in all areas of humanity and science, research, and dissemination of culture, knowledge and scientific information.
She prepares the national level diplomas equal to or above the master's degree that she is entitled to issue. She can graduate clean.
It defines and implements a policy of scientific and technological research and is committed to promoting it through its publications, scientific and educational productions, patents and operating licences. It promotes the support of innovative young businesses and creation.
It collaborates with French or foreign research or higher education organizations from a multidisciplinary and international perspective.
The school is headed, within the framework of their respective responsibilities, by a president and a director general.
It has a board of directors, a scientific board and a strategic guidance board.
The school includes institutes, departments, research laboratories and services, whose organization and operation are provided by the rules of procedure.
The president of the school and the director general are appointed for a period of five years, renewable once, by decree of the President of the Republic, taken on the report of the minister responsible for higher education, regardless of nationality.
They are chosen, after a call for applications, among the personalities with competence in the fields of activity of the school.
Each candidate for the position of President shall submit a draft institution in support of his or her application. It develops this settlement project jointly with the candidate for the position of Director General.
Both applications are filed concurrently and take into account the major training areas taught at the school.
The Minister for Higher Education asks a committee for a reasoned opinion on the applications he has chosen. This commission is made up of scientific, French and foreign personalities, chosen because of their competence in the disciplines corresponding to the missions of the school, appointed by decree of the minister responsible for higher education.
The functions of president and general manager are incompatible with the exercise of elective functions within the school and functions as director of institute, department, research and service laboratory.
The term of office as President and Director General shall not exceed two terms.
In the event that the President or Director-General ceases to serve for any cause, a new President or Director-General shall be appointed, in the same form as those provided for in the first paragraph, for the remainder of the term of office of his predecessor. If the vacancy occurs in the last two years of the term, the new President or the new Director General may exercise two other mandates.
The chair of the school chairs the Board of Directors, sets the agenda and ensures, with the Director General, the implementation of its deliberations. In case of equal sharing of voices, he has a dominant voice.
It promotes and coordinates strategic reflection leading to the definition of the institution's partnership policy and its relationship with national or international organizations. It concludes the agreements in these areas.
The Director General shall exercise the powers set out in Article L. 712-2 of the Education Code and the texts taken for its application, except those entrusted to the President of the School by Article 6, and the Presidency of the Scientific Council.
He attends meetings of the Board of Directors and the Scientific Council with an advisory voice.
It is assisted by delegated directors that it appoints and whose respective powers it sets.
He may delegate his signature to the Secretary-General, to the delegated directors and, for matters relating to the institutes, departments, research laboratories and the services referred to in Article 4, to their respective officials.
Apart from their president, the Board of Directors and the Scientific Council shall comprise not more than twenty-six members.
They are composed of qualified, French and foreign personalities, designated by the president of the school, and partner institutions chosen by the president of the school.
The Board of Directors also includes half of the elected representatives of staff, students and students and the Scientific Council at least one third of the elected representatives of teaching and research personnel, research engineers, students and students.
The board of directors also includes a maximum of two representatives of the local authorities or their groupings on whose territory the school is located, designated by their legislative bodies. These communities are determined by the rules of procedure.
The Scientific Council elects its president from among the qualified personalities under the conditions defined by the rules of procedure for a term of five years renewable once.
The board of directors shall exercise the powers entrusted to the board of directors of universities by section L. 712-3 of the Code of Education. He may delegate some of his skills to the Director General under the conditions set out in this article.
It deliberates on the creation or suppression of institutes, departments, research laboratories and services and adopts the rules of procedure of the school, under the conditions defined in the first paragraph of Article L. 711-7 of the Education Code.
Within the framework of its competence, it may establish commissions whose terms and conditions of appointment of members and of operation are specified by the rules of procedure.
The Scientific Council shall exercise the powers entrusted to the Scientific Council of Universities by Article L. 712-5 of the Education Code. It conducts the educational and scientific evaluation of the school. It adopts its own rules of procedure.
The strategic direction council contributes to reflection on the main orientations related to the partnership policy and the training and research activities of the school.
In accordance with the existing legislative and regulatory provisions, the establishment's rules of procedure include the composition of the board of directors and the scientific council, the rules of quorum and the modalities for the deliberations of these councils, the arrangements for the convocation, establishment and sending of the agenda of the councils and the Presidency of the councils in the event of their respective presidents being prevented.
It further defines the list of persons who may attend advisory sessions and the rules of publicity of deliberations.
It also sets out the composition of the strategic direction council, its organizational and designation terms for its president and members.
Representatives of staff, students and students are elected by multinominal vote, or uninominal if a single seat is to be filled, a majority of two towers. The election is acquired by an absolute majority of the votes cast in the first round, by a relative majority in the second round. In case of equality of voices in the second round, the seat is allocated to the benefit of age. For students and students, each candidate presents himself with an alternate called to sit in case of temporary or final impairment of the holder.
For the elections to the board of directors and the scientific council, the teaching and research personnel are divided between the A and B colleges defined in the 1 of Article 3 of the decree of 18 January 1985 referred to above.
The conditions for the exercise of the right to vote, eligibility and appeal against elections are fixed by the decree of 18 January 1985 referred to above. At the Scientific Council, under the College of Users, students who hold the first year of master's degree or equivalent degree are eligible to be elected only to students who hold the degree or a degree of level equal to or above the master's degree.
The term of office of council members is five years renewable, with the exception of student and student representatives whose term is one year. No one can be a member of more than one school board.
In the event of a vacancy of an elected or appointed member, a new member shall be designated for the remainder of the term. For the college of students, the appointment of a new member shall not be made when the term of office of the representatives of the remaining students is less than three months.
The missions and competences of the institutes, departments, research laboratories and services, the designation of their officials and the duration of their mandate shall be determined by the rules of procedure of the establishment and annexed to it.
Each institute, department, research laboratory and service has a clean budget, which is integrated into the school's budget under the conditions defined by article L. 719-5 of the education code and the decree taken for its application.
The school can, with other public higher education institutions, create one or more common services. Interested institutions regulate by agreement the organization and management of this service. This Convention refers to the missions to service, the establishment in which the service establishes its headquarters, called the connection establishment, and the rights and obligations of the contracting establishments. It further specifies the terms and conditions for the appointment of the Director of this service, the duration of its mandate, and, where appropriate, the composition, powers and operating procedures of the advisory proceeding.
This service has a budget annexed to the budget of the attachment establishment under the conditions defined by Article L. 719-5 of the Education Code and the decree taken for its application.
French or foreign students are recruited by competitive examinations under conditions fixed by order of the Minister for Higher Education.
Students and listeners, within the meaning of Article L. 811-1 of the Education Code, French or foreign, may also be allowed to follow the training provided by the school, under conditions established by the rules of procedure of the school.
The status and schooling of students intern are governed by the Title V of the decree of 26 August 1987 referred to above except article 37.
The student education regime is set by the school's rules of procedure. Students may receive specific assistance under the conditions set by the rules of procedure.
Disciplinary sanctions are:
1° The warning;
2° The blame;
3° The exclusion of the school for a specified duration;
4° The final exclusion of the school.
They are pronounced, for students interns, after advice from the Disciplinary Council, by the Director General, for the first three, by the Minister responsible for higher education, for the last. They are pronounced for students, after advice from the Discipline Board, by the Director General.
The Disciplinary Board shall include:
1° The principal of the school, president;
2° The Director General of School Services;
3° Three representatives of the teaching and research personnel selected within them by the representatives of these staff on the board of directors;
4° Three representatives of the students chosen by and among the representatives of the students elected to the board of directors, elected to the scientific council or sitting in the commissions established under the last paragraph of Article 9.
In addition, an alternate student is designated under the same conditions; he sits when the Disciplinary Council is called to know the case of one of the student members of the Disciplinary Council.
The Disciplinary Board is seized by the Director General.
The Discipline Council can only deliberate if the number of students present does not exceed that of teachers; parity is restored under the conditions provided for in the rules of procedure.
A specific training of the Disciplinary Council is created to decide on the misconduct of students who are responsible for the operation of the school and the conduct of studies and examinations. The composition of this disciplinary training is identical to that provided for students interns, but includes in place and place students interns from student representatives. This training is deliberative in the same conditions of parity as that provided for the training that deals with the discipline of students interns.
The Board of Directors and the Scientific Council of the Ecole Normale Supérieure de Lyon in place on the date of publication of this Order shall remain in office and shall exercise the competence of the Board of Directors and the Scientific Council as defined in Articles 9 and 10 until 31 December 2013.
The internal structures of the existing school on the date of entry into force of this decree remain in place and their councils and officials remain in office and continue to exercise their skills, when they were related to a mandate, until the end of this decree.
By derogation from Article 5, the President and the Director General of the Ecole Normale Supérieure de Lyon shall exercise their respective responsibilities, as defined by this decree, until 31 December 2013.
The organization and operation of the Ecole Normale Supérieure de Lyon defined by this decree will be subject to an assessment by an outside body of the institution designated by the Minister responsible for higher education during the first year of implementation of this decree.
The joint commission of establishment of the Ecole Normale Supérieure de Lyon governed by the decree of 6 April 1999 referred to above and the school technical committee governed by the decree of February 15, 2011, established on the date of publication of this decree, remain in place and continue to exercise their prerogatives until the end of their term.
The rules of procedure of the Ecole Normale Supérieure de Lyon are the rules in force on the date of publication of this decree.
The budget of the Ecole Normale Supérieure de Lyon for fiscal year 2012 is the one in effect on the same date.
Assets, rights and obligations, including staff contracts, the Ecole Normale Supérieure de Fontenay - Saint-Cloud and the Ecole Normale Supérieure de Lyon, remain assigned to the Ecole Normale Supérieure de Lyon.
Officials previously assigned to these institutions remain assigned to the Ecole Normale Supérieure de Lyon.
A lArticle 5 of the decree of 15 March 2000 referred to above, the words: « Ecole Normale Supérieure de Fontenay-Saint-Cloud ; » remain deleted.
In the decree of 24 July 1985 referred to above :
1° Article 1 remains repealed;
2° The third and fifth paragraphs of Article 2 remain deleted;
3° The second paragraph of Article 3 remains deleted.
Remaining repealed:
― Decree No. 87-696 of 26 August 1987 modified for the Ecole Normale Supérieure de Fontenay - Saint-Cloud;
― Decree No. 87-697 of 26 August 1987 modified for the Ecole Normale Supérieure de Lyon.
This Order comes into force on 1 June 2012. Is repealed on the same date Decree No. 2009-1533 of 10 December 2009 creating the Ecole Normale Supérieure de Lyon.
The Minister of Budget, Public Accounts and State Reform, spokesperson for the Government, and the Minister of Higher Education and Research are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 7 May 2012.
François Fillon
By the Prime Minister:
Minister of Higher Education
and research,
Laurent Wauquiez
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
