Advanced Search

Decree No. 2012 - 1223 Of November 2, 2012, Relative To The National School Of Arts And Crafts

Original Language Title: Décret n° 2012-1223 du 2 novembre 2012 relatif à l'Ecole nationale supérieure d'arts et métiers

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary

Repeal of Decree 90-370, with the exception of the provisions of the second paragraph of Article 25 that remain in force until 31 December 2012.

Keywords

SUPERIOR , TECHNICAL , SUPERIOR NATIONAL , ARTS AND METIERS , ENSAM , ORGANIZATION , MISSION , FUNCTIONING , COMPETENCE


JORF n°0257 of 4 November 2012 page 17289
text No. 11



Decree No. 2012-1223 of 2 November 2012 on the National School of Arts and Crafts

NOR: ESRS1225744D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/11/2/ESRS1225744D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/11/2/2012-1223/jo/texte


Publics concerned: users and staff of the National School of Arts and Crafts (ENSAM).
Subject: statutes of ENSAM.
Entry into force: the text comes into force on the day after its publication. However, the old rules from Decree No. 90-370 of 30 April 1990 apply until the establishment of the board of directors, the scientific council, the board of studies and the life of the school and the councils of the teaching and research centres in their new composition.
Notice: the text modernizes the statutes of ENSAM, a public institution of a scientific, cultural and professional nature that constitutes a large institution within the meaning of Article L. 717-1 of the Education Code. ENSAM, with its teaching and research centres, forms a national network.
The new statutes provide that:
― ENSAM's mission includes the training of industry and service engineers and managers, research training, lifelong training, and assistance and expertise in the socio-economic world;
― the governance of the institution is amended, with:
a board of directors assisted by a scientific council and a board of studies and life at the school whose composition is tightened; each of the eight centres comprising ENSAM has its Director, appointed by the Director General, and has a centre council that may issue vows and opinions;
– a complete rules of procedure, in accordance with the principles of autonomy and democracy, the rules of organisation and operation;
– ENSAM now has a single budget, with no clean budget.
The text finally rules the transitional period before the establishment of the new organisation of ENSAM.
References: this decree, which repeals and replaces the Decree No. 90-370 of 30 April 1990, can be found 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 its article L. 717-1;
Vu le search codeincluding article L. 114-3-1;
Vu la Act No. 84-834 of 13 September 1984 amended on the age limit in the public service and the public sector;
Having regard to the decree of 15 November 1811 concerning the university regime;
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. 85-827 of 31 July 1985 relating to the order in enclosures and premises of public institutions of a scientific, cultural and professional character;
Vu le Decree No. 92-70 of 16 January 1992 amended on the National Council of Universities;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Considering the opinion of the National Council for Higher Education and Research of 17 October 2011;
Considering the advice of the Technical Committee of the National School of Arts and Crafts dated 17 January 2012;
Having regard to the opinion of the Superior Council of Administrative Courts and Administrative Appeals Courts of 20 March 2012;
The State Council (inland section) heard,
Decrete:

  • Chapter I: General provisions Article 1 Learn more about this article...


    The National School of Arts and Crafts (ENSAM) is a public institution with a scientific, cultural and professional character. It is a large institution within the meaning of Article L. 717-1 of the Education Code. It is subject to the provisions of this Code and to the texts taken for its implementation, subject to the exemptions provided for in this Decree.
    ENSAM forms a national network with the teaching and research centres defined in Article 4. His seat is set in Paris.

    Article 2 Learn more about this article...


    ENSAM is placed 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.

    Article 3 Learn more about this article...


    The main mission of ENSAM is the training, after competitive recruitment, of industry and service engineers and managers. It delivers national diplomas and titles for which it has been authorized, alone or jointly, as well as specific diplomas. She welcomes engineering students and other students preparing a degree called the following users.
    In the same areas, ENSAM also has a mission:
    1° Training in research and development of research and innovation activities as well as the valorization of results achieved in its areas of competence;
    2° Promotion of its training and research activities, dissemination of scientific and technical culture and knowledge and regional, national and international cooperation;
    3° Training throughout life;
    4° Expertise and assistance to the socio-economic world, including the creation and promotion of innovative young businesses;
    5° The development of policies aimed at improving and promoting the living and working conditions of students, cultural, sporting, social and social activities.

  • Section II: Administrative Organization Article 4 Learn more about this article...


    ENSAM is headed by an Assistant Director General and an Executive Committee. It is administered by a board of directors assisted by a scientific council and a board of studies and life at school.
    It is composed of teaching and research centres. It also includes departments, research units and common services.

    Article 5 Learn more about this article...


    The Director General shall be appointed for a term of five years renewable once, by order made on the report of the Minister for Higher Education, after a call for applications published in the Official Journal of the French Republic and on the advice of the Board of Directors. He is chosen among the people who teach at ENSAM.
    Each candidate for the position of Director General shall submit a project for the establishment in support of his or her application.
    The Director General shall not serve as the directorate of a teaching and research centre, except for a period not exceeding six months and under conditions provided for by the rules of procedure.
    The Director General may remain in office until 31 August after the date he reached the age of sixty-eight years.

    Article 6 Learn more about this article...


    The Director General shall exercise the powers entrusted to university presidents by Article L. 712-2 of the Education Code and the decrees made for its application, subject to the provisions of this decree and with the exception of the presidency of the Board of Directors.
    He appointed Deputy Director Generals, including an Assistant Director of Research and an Assistant Director of Studies, and the Director of the Centre of Education and Research in accordance with the terms and conditions set out in the rules of procedure. He chairs the steering committee of which he appoints the members. They are members of the two deputy heads and the centre directors.
    The members of the steering committee cannot provide an elective function within ENSAM. Their mandate ceases in full right when they are appointed to the steering committee.
    The Director-General may delegate his signature to the Secretary-General, to the Executive Committee, to the Class Officers A and, for matters of concern to the centres, their respective officials.

    Article 7 Learn more about this article...


    The Board of Directors includes:
    1° Members of the law:
    A. ― Chairs of the teaching and research centre councils or their representatives.
    B. ― The President of the Society of Arts and Crafts.
    C. ― The President of the Arts and Crafts Foundation.
    2° Elected members as follows:
    A. ― Nine representatives of teachers, teachers and researchers, divided into the following three colleges:
    (a) Four representatives of the College of University and Personal Teachers assimilated within the meaning ofarticle 3 of the decree of 18 January 1985 referred to above ;
    (b) Three representatives of the College of Conference and Personal Teachers assimilated within the meaning ofarticle 3 of the decree of 18 January 1985 referred to above ;
    (c) Two representatives of the College of Other Teachers.
    The distribution of seats between these three colleges may be modified by order of the minister responsible for higher education, depending on the changes in the number of staff members.
    B. ― Three representatives of engineers, administrative, technical, workers and service personnel.
    C. ― Six user representatives.
    3° Five qualified persons outside the establishment, French or foreign, chosen because of their competence in the areas defined in section 3, designated by the Director General, by the other members of the board of directors.
    The Director General attends the Board of Directors.
    The board of directors shall elect a president chosen from among the members mentioned in the 3rd. He also elects a Vice-President selected from the members mentioned in 1° or 3°. The terms of these elections are set by the rules of procedure.

    Article 8 Learn more about this article...


    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.

    Article 9 Learn more about this article...


    The Scientific Council, composed of twenty-four to thirty members, includes:
    1° Members of the law:
    A. ― The Director General of ENSAM, President.
    B. ― Deputy Director General for Research, Vice President.
    C. ― The directors of the teaching and research centres.
    D. ― The President of the Arts and Crafts Foundation.
    2° Qualified, French or foreign external personalities, designated by the Director General because of their scientific skills.
    3° Representatives of partner institutions, selected by the Director General after advice from other members of the Scientific Council.
    4° A minimum of one third of elected representatives of teaching and research personnel, engineers and technical research personnel, users including a majority enrolled in doctoral training at ENSAM. Representatives of university and personal professors assimilated within the meaning ofarticle 3 of the decree of 18 January 1985 referred to above constitute at least one quarter of the elected representatives. The same applies to the elected representatives of other teachers and researchers.

    Article 10 Learn more about this article...


    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 institution's activities using external, French and international institutional evaluations, including that of the Research and Higher Education Evaluation Agency.

    Article 11 Learn more about this article...


    The school board of studies and life includes twenty-six to thirty-two members. It is composed:
    1° Members of law:
    A. ― The Director General of ENSAM, President.
    B. ― Deputy Director General for Studies and Training, Vice President.
    C. ― The directors of the teaching and research centres.
    D. ― The President of the Society of Arts and Crafts.
    2° Qualified, French or foreign external personalities, designated by the Director General because of their educational skills.
    3° Majority of elected representatives of teaching and research personnel, engineering, administrative, technical, workers and service personnel, users of which at least two representatives of university and personal professors assimilated within the meaning ofarticle 3 of the decree of 18 January 1985 referred to above and two representatives of other teachers-researchers.

    Article 12 Learn more about this article...


    The board of studies and life at school exercises the powers entrusted to the boards of studies and university life of universities by article L. 712-6 of the Code of Education.

    Article 13 Learn more about this article...


    Teaching and research centres are created or deleted by deliberation of the board of directors. Any creation or removal is previously included in the multi-year settlement contract.
    Each of the teaching and research centres is headed by a director, assisted by a centre council.

    Article 14 Learn more about this article...


    The director of a teaching and research centre is responsible for the implementation in the centre of the institution's activity policy. He represents the Director General.
    As such:
    1° It ensures the proper functioning of the centre in accordance with the rules of procedure;
    2° He is responsible for order and security in the centre's enclosures and premises and has the police power in it;
    3° Each year he presents a project and an activity report to the centre council;
    4° He is responsible for the management of the residence and the university restaurant in the centre.

    Article 15 Learn more about this article...


    The board of each teaching and research centre is composed of up to sixteen members, including equal numbers of elected representatives and external personalities.
    Elected representatives include at least 30% of teachers-researchers, including representatives of other teachers, engineers, administrative, technical, workers and service personnel and users.
    External personalities are designated, on the proposal of the centre director, by the elected members of the council.
    The centre council elects its president from outside personalities.
    The terms and conditions of these designations are determined by the establishment's rules of procedure.

    Article 16 Learn more about this article...


    Each centre council may be consulted on the organization and operation of the teaching and research centre at the request of the centre's director. He may also wish.

    Article 17 Learn more about this article...


    Departments, research units and common services are created by deliberation of the board of directors. Their missions and the terms and conditions of appointment of their officials and their rules of operation and organization are specified by the rules of procedure of the establishment.

  • Chapter III: Provisions common to councils Article 18 Learn more about this article...


    The Chair of each Council may invite, with an advisory vote, any person whose presence is deemed to be useful on a specific agenda item.

    Article 19 Learn more about this article...


    The rules of procedure of the establishment specify the rules relating to the composition and operation of the boards. In particular, it sets out the rules of quorum of the various councils, the modalities of deliberation and representation of their members, the modalities of convening, establishing and sending the agenda of these councils, and the Presidency of them in the event of incapacitation. It also sets out the rules for advertising the proceedings.
    It may provide that members of councils participate in the sessions by means of videoconferencing or electronic communication allowing the identification of their members and their effective participation in collegial deliberation and satisfying technical characteristics ensuring the continuous and simultaneous transmission of the debates and the confidentiality of the votes when the ballot is secret. Members who participate in these proceedings are deemed to be present in the calculation of the quorum and majority required.

    Rule 20 Learn more about this article...


    The functions of a member of the board of directors, the scientific council, the board of studies and life at school and a centre council are compatible with each other. They are free of charge. However, the travel and residence costs of members of these councils are reimbursed under the conditions provided for in the regulations applicable to State officials.

    Article 21 Learn more about this article...


    The conditions for the exercise of the right to vote, of eligibility, the conduct and conditions of regularity of the ballot and the procedure for appeal against the elections are governed by the decree of 18 January 1985 referred to above subject to the following provisions.
    I. ― For each elected member of the board of directors, scientific board and board of studies and life at school, an alternate shall be designated under the same conditions as the incumbent member.
    II. ― For elections to the board of directors, the scientific council and the board of studies and life at school, are electors and eligible:
    1° Teachers who provide ENSAM with a number of teaching hours at least one third of their reference service obligations;
    2° Personnel performing their research activities at ENSAM under a convention;
    3° The engineers, administrative, technical, workers and service personnel assigned to ENSAM and providing at least one half-time service.
    III. ― The representatives of the staff and users are elected by the list vote in a tower with proportional representation to the strongest remains, with the possibility of incomplete lists and without dressing.
    When a single seat is to be filled, the election shall be held by a single majority vote 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.
    The term of office of council members is five years renewable, with the exception of representatives of users whose term is one year renewable. The term of office of council members ends when they have lost the quality under which they were elected or appointed.
    Partial elections shall be held only when the replacement may not take place in accordance with the provisions of I for the remaining term of office. For each of the councils, the renewal of one of the colleges of elected representatives of staff leads to that of all elected representatives.
    Council members sit validly until their successors are appointed.
    IV. ― Voting is carried out by correspondence, including by secure electronic means, in accordance with the conditions set out in Article L. 719-1 of the Education Code.
    V. ― On the initiative of the Minister for Higher Education, a commission for the control of electoral operations is established, chaired by a magistrate of the Administrative Court of Paris appointed by the president of this court. The commission is composed, in addition to its president, of at least two assessors selected by the commission and a representative designated by the minister.
    She is aware of all the challenges presented by electors, by the Director General or by the Minister for Higher Education on the preparation and conduct of voting operations, as well as the proclamation of the results of the poll.
    She can:
    ― the ineligibility of a candidate and substitute for an ineligible candidate;
    • correct the number of votes obtained by candidates in the event of an error or fraud;
    ― in the event of an irregularity in which the vote is to be taken, cancel the electoral operations of the college in which the irregularity was observed.
    VI. ∙ The provisions of this Article shall apply to the advice of educational and research centres.
    The powers conferred by these provisions to the Minister for Higher Education and the Director General of ENSAM are exercised respectively by the rectors and directors of the teaching and research centres. The electoral control commission is presided over by a magistrate of the administrative court in whose jurisdiction the centre of education and research is located.

    Article 22 Learn more about this article...


    External personalities are, in the various councils of the institution and each of the teaching and research centres, appointed for a period of five years renewable once. Any termination of office for any cause during the term of office shall result in the designation of a new personality under the same conditions, for the duration of the remaining term, unless the vacancy occurs less than six months before the expiry of the term.

  • Chapter IV: Education and discipline Article 23 Learn more about this article...


    The conditions for admission to ENSAM as well as the conditions for schooling, knowledge control and graduation are set out by the educational regulations of the institution, approved by the board of directors after notice of the board of studies and life at the school.

    Article 24 Learn more about this article...


    The appropriate Disciplinary Board for Users includes:
    1° The director of the relevant teaching and research centre;
    2° Three representatives of the teaching and research personnel designated within the Board of Directors;
    3° Three representatives of the users appointed by the board of directors among the elected users of the board of directors, the scientific council and the board of studies and life at school.
    An alternate is chosen by the three representatives of the users; he sits when the Disciplinary Council is called to know the case of one of the users who is a member of the Disciplinary Board.
    The Chair of the Disciplinary Board is a professor of universities or assimilated staff within the meaning of thearticle 6 of the decree of 16 January 1992 referred to above. He is elected at each session from the members mentioned in the 2nd.
    The Disciplinary Board is seized by the Director General.
    The Disciplinary Council may only deliberate if the number of representatives of the users does not exceed that of teachers; parity is restored under the conditions provided for in the rules of procedure.

    Rule 25 Learn more about this article...


    Disciplinary sanctions applicable to users are:
    1° The warning;
    2° The blame;
    3° Temporary or final exclusion of ENSAM.
    These sanctions are imposed, after the advice of the Disciplinary Council, by the Director General of ENSAM.

  • Chapter V: Financial Provisions Rule 26 Learn more about this article...


    With the exception of those relating to the specific budget of the components, the provisions of articles L. 719-4 and L. 719-5 of the education code and the decree made for their application are applicable to ENSAM.

    Rule 27 Learn more about this article...


    The Director General is the main sponsor of the ENSAM budget. He may designate secondary ordonators.

  • Chapter VI: Transitional and final provisions Rule 28 Learn more about this article...


    The Director General of ENSAM in office on the date of publication of this Order is maintained in his or her office for the remainder of his or her term of office. Its mandate can be renewed once.
    The directors of the studies, the Director of Research and the directors of the teaching and research centres in exercise on the date of publication of this decree shall remain in office until the appointment of deputy directors and directors of the centres.

    Rule 29 Learn more about this article...


    The first elections to the board of directors, the scientific council, the board of studies and life of the school and the councils of the centres of teaching and research of ENSAM take place within six months of the publication of this decree.
    The term of office of the members of the various boards of ENSAM as of the date of publication of this decree expires on the date of the first meeting of these councils.
    The councils of ENSAM and the councils of the teaching and research centres shall exercise until the establishment of the new councils the powers provided for in this decree.
    The provisional rules of procedure shall be adopted by the Director General within three months of the publication of this Decree.

    Rule 30 Learn more about this article...


    The Decree No. 90-370 of 30 April 1990relating to the National School of Arts and Crafts is repealed, with the exception of the provisions of the second paragraph of section 25 that remain in force until December 31, 2012.

    Rule 31 Learn more about this article...


    The Minister of Economy and Finance, the Minister of Higher Education and Research and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 2 November 2012.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Higher Education

and research,

Geneviève Fioraso

Minister of Economy and Finance,

Pierre Moscovici

Minister Delegate

to the Minister of Economy and Finance,

Budget Officer

Jérôme Cahuzac




Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.29 Mo) Download the document in RDF (format: rdf, weight < 1 MB)