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Law No. 2013-660 July 22, 2013 On Higher Education And Research

Original Language Title: LOI n° 2013-660 du 22 juillet 2013 relative à l'enseignement supérieur et à la recherche

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Summary

Amendment of the Code of Education, the Code of Research, the Rural Code, the Code of Entry and Residence of Aliens and the Right of Asylum, the Book of Tax Procedures. Amendment of Act No. 2013-595 of 8 July 2013 on orientation and programming for the refoundation of the school of the Republic: amendment of section 83. Amendment of Order No. 2005-649 of 6 June 2005 on contracts passed by certain public or private persons not subject to the Public Procurement Code: amendment of Article 3. Amendment of Order No. 2004-545 of 11 June 2004 on the legislative portion of the search code: amendment of section 7. Amendment of Act No. 2009-972 of 3 August 2009 on mobility and career paths in the public service: amendment of section 42. Amendment of No. 2008-596 of 25 June 2008 to modernize the labour market: amendment of Article 6. Ratification of Order No. 2008-1305 of 11 December 2008 amending the legislative portion of the Research Code.

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JORF n°0169 of 23 July 2013 page 12235
text No. 2



LOI n° 2013-660 of 22 July 2013 relating to higher education and research

NOR: ESRJ1304228L ELI: https://www.legifrance.gouv.fr/eli/loi/2013/7/22/ESRJ1304228L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2013/7/22/2013-660/jo/texte


The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:

  • TITRE I : MISSIONS DU SERVICE PUBLIC DE L'ENSEIGNEMENT SUPÉRIEUR ET DE LA SEARCH
    • Chapter I: Public Service of Higher Education Article 1 Learn more about this article...


      Article L. 111-5 of the Education Code is supplemented by a sub-paragraph as follows:
      "The State is the guarantor of equality before the public service of higher education throughout the territory. »

      Article 2 Learn more about this article...


      I. ― The first paragraph of Article L. 121-3 of the same code is replaced by eight subparagraphs as follows:
      "The language of teaching, examinations and contests, as well as thesis and thesis in public and private educational institutions is French. Exceptions may be justified:
      « 1° The need for the teaching of regional or foreign languages and cultures;
      « 2° When teachers are associate professors or foreign guests;
      « 3° By educational needs, when the teachings are provided in an agreement with a foreign or international institution as provided for in Article L. 123-7 or within the framework of a European programme;
      « 4° Through the development of multilingual cross-border courses and diplomas.
      "In these assumptions, higher education courses can only be partially offered in the foreign language and provided that accreditation for these courses sets the proportion of the teachings to be delivered in French. The Minister responsible for the use of the French language in France is immediately informed of the exceptions granted, their deadline and the reason for these exemptions.
      "For foreign students with foreign language training, French-language education is provided when they do not justify sufficient knowledge of the latter. Their level of proficiency in the French language is assessed for graduation.
      "The proposed teachings allow French-speaking students to learn the language of instruction in which these courses are taught. »
      II. ― In the second paragraph of Article L. 121-3, the words "this obligation" are replaced by the words "the obligation under the first paragraph".

      Article 3 Learn more about this article...


      Within three years of the promulgation of this Act, the Government shall submit to the relevant Standing Committees of the National Assembly and the Senate a report assessing the impact, in public and private institutions of higher education, of section 2 of this Act on the employment of French, the evolution of the offer of foreign language training, the introduction of French-language teachings to foreign students and the evolution of French-language education

      Article 4 Learn more about this article...


      Article L. 123-1 of the Education Code is supplemented by five sentences and five paragraphs, as follows:
      "The minister responsible for higher education ensures coordination. He, together with the other ministers concerned, ensures the guardianship of higher education institutions under another ministerial department and participates in the definition of their educational project. To this end, he may be represented on their board of directors. It is associated with the accreditations and authorizations of these institutions. Additional modalities may be provided in the statutes of the institutions.
      "A national strategy for higher education, including multi-year capacity programming, is developed and revised every five years under the responsibility of the Minister for Higher Education. The priorities are determined after consultation with cultural, social and economic partners, the scientific and higher education community, the ministries concerned and the local authorities. Before finalizing, they are forwarded to the relevant standing committees of the National Assembly and the Senate.
      "The national strategy of higher education is based on the principle that public institutions of a scientific, cultural and professional nature defined under Part I of Book VII are at the centre of the higher education system.
      "The minister responsible for higher education ensures the implementation of the national strategy for higher education.
      "The principles of allocation of means between the actors of higher education are defined by the national strategy.
      "This strategy and the conditions for its implementation are the subject of a biennial report to Parliament. This report presents a consolidated vision of all public and private funding at the national and site level, activity, industry and level of study, as well as an assessment of funding needs. The quantitative elements of this report are made up of sex data. This report analyses, in particular, the situation of higher education institutions that have benefited from the expanded responsibilities and competencies set out in articles L. 712-9, L. 712-10 and L. 954-1 to L. 954-3. It assesses the impact of the transfer of payroll management on the financial situation of the institutions concerned. It analyses the results of policies implemented in support of the quality of student life, the success and professional integration of students. The report may also make recommendations for the periodic review of the strategy. »

      Article 5 Learn more about this article...


      The same code is amended:
      1° In section L. 741-1, the words: "Minister in charge of higher education" are replaced by the words: "only Minister in charge of higher education or the Minister in charge of higher education in conjunction with the Minister in charge of agriculture";
      2° In the second paragraph of section L. 762-2, the words: "Minister in charge of higher education or the Minister of Agriculture" are replaced by the words: "only Minister in charge of higher education or the Minister in charge of higher education in conjunction with the Minister in charge of agriculture."

      Article 6 Learn more about this article...


      Article L. 123-2 of the same code is amended as follows:
      1° Before 1°, it is added 1° A thus drafted:
      « 1° A To the success of all students and students; » ;
      2° At 1°, after the word "exempted", the words are inserted: "to disseminate knowledge in their diversity";
      3° 2° is thus written:
      « 2° To the growth and competitiveness of the economy and to the realization of an employment policy taking into account the economic, social, environmental and cultural needs and their predictable evolution; » ;
      4° The 3° is thus modified:
      (a) In the beginning, the words are added: "In the fight against discrimination,"
      (b) Is added a sentence as follows:
      "To this end, it contributes to the improvement of student living conditions, the promotion of the sense of belonging of students to the community of their institution, the strengthening of the social bond and the development of collective or individual initiatives in favour of the solidarity and animation of student life. » ;
      5° After the same 3°, it is inserted a 3° bis as follows:
      "3° bis To the construction of an inclusive society. To this end, it ensures the inclusion of individuals, without distinction as to origin, social and health conditions; » ;
      6° Added from 5° to 8° as follows:
      « 5° At attractiveness and radiance of territories at the local, regional and national levels;
      « 6° The development and social cohesion of the national territory by the presence of its institutions;
      « 7° To promote and disseminate the Francophonie in the world;
      « 8° Strengthening the interactions between science and society. »

      Article 7 Learn more about this article...


      Article L. 123-3 of the same code is amended as follows:
      1° The 1st is supplemented by the words: "all throughout life";
      2° The 2° is supplemented by the words and a sentence thus written: "at the service of society. The latter is based on the development of innovation, the transfer of technology where possible, the capacity of expertise and support to associations and foundations, recognized as public utility, and public policies to respond to societal challenges, social, economic and sustainable development needs. » ;
      3° At 3°, after the word: "orientation", are inserted the words: ", social promotion";
      4° The 4th is thus written:
      « 4° The dissemination of humanist culture, in particular through the development of human and social sciences, and of scientific, technical and industrial culture; "

      Article 8 Learn more about this article...


      At the 1st of the article L. 123-4 of the same code, after the words "and concourtesy" are inserted the words "to their success and".

      Article 9 Learn more about this article...


      I. ― Article L. 123-4-1 of the same code becomes Article L. 123-4-2.
      II. ― Article L. 123-4-1 of the same code is reinstated:
      "Art. L. 123-4-1.-The public service of higher education provides its users with digital educational services and resources.
      "Free software is used as a priority. »
      III. ― At 3° of Article L. 321-1 of the Social Security Code, the reference: "L. 123-4-1" is replaced by the reference: "L. 123-4-2".

      Article 10 Learn more about this article...


      Article L. 123-5 of the Education Code is amended as follows:
      1° After the first preambular paragraph, a sub-item reads as follows:
      "He supports the valorization of the results of research at the service of society. To this end, it ensures the development of innovation, the transfer of technology where possible, the capacity of expertise and support to associations and foundations, recognized as public utility, and public policies to respond to societal challenges, social, economic and sustainable development. » ;
      2° The second paragraph is amended to read:
      (a) The first sentence is as follows:
      "It provides the necessary link between teaching, research and innovation activities. » ;
      (b) Three sentences are added:
      "To this end, it ensures the continued development of educational innovation and experimentation within it. It promotes interactions between science and society. It facilitates public participation in prospecting, data collection and advances in scientific knowledge. » ;
      3° The penultimate paragraph is thus amended:
      (a) In the first sentence, the words: ", higher research and teaching poles and advanced research thematic networks" are replaced by the words: "and the groupings mentioned in the 2nd of Article L. 718-3";
      (b) At the end of the second sentence, the words: ", higher research and teaching poles and advanced research thematic networks" are replaced by the words: "and groups mentioned at the same 2°";
      4° In the second sentence of the last paragraph, the words: ", research and higher education centres and thematic networks of advanced research" are deleted.

      Article 11 Learn more about this article...


      Before the last paragraph of Article L. 123-6 of the same code, two paragraphs are inserted to read as follows:
      "He promotes values of ethics, responsibility and exercise.
      "It carries out an action against gender stereotypes, both in teaching and in the various aspects of the life of the educational community. »

      Article 12 Learn more about this article...


      Article L. 123-7 of the same code is amended as follows:
      1° The first paragraph is amended to read:
      (a) After the first sentence, four sentences are inserted:
      "It promotes, at the European and international levels, better knowledge sharing and dissemination among civil societies. It encourages cross-border cooperation and encourages, to this end, higher education institutions established in the communities under Article 73 of the Constitution to contribute to the international outreach of overseas departments and regions. It promotes the development of courses that include periods of study and activities abroad without prejudice to the career or studies of the relevant staff and students. It also promotes the reception of foreign research personnel for the duration of their scientific missions. » ;
      (b) The second sentence is as follows:
      "He ensures the reception of foreign students, in connection with the network of academic and academic works mentioned in article L. 822-1 and the public institution mentioned in theArticle 6 of Act No. 2010-873 of 27 July 2010 concerning the external action of the State and their formation. » ;
      (c) The third sentence is as follows:
      "He supports the development of French institutions and French-language teaching abroad as well as the development of digital educational services and resources that promote the knowledge and promotion of the French language. » ;
      (d) Before the last sentence, a sentence is inserted as follows:
      "It promotes the orientation towards French higher education of French students who attend school abroad and foreign students who attend school in French educational institutions abroad. » ;
      2° The second paragraph is amended to read:
      (a) The words: "the Community" are replaced by the words: "the Union";
      (b) Is added a sentence as follows:
      "These agreements aim at the issuance of national or institutional diplomas, whether jointly or not with higher education institutions abroad. »

      Article 13 Learn more about this article...


      Article L. 241-2 of the same code is supplemented by a paragraph as follows:
      "The audits of the general inspection of the administration of national education and research also relate to the management of the human resources of institutions. »

    • Chapter II: Research and Technology Development Policy Article 14 Learn more about this article...


      Article L. 111-1 of the search code is as follows:
      "Art. L. 111-1.-The National Policy for Research and Technology Development aims to:
      « 1° Increase knowledge;
      « 2° Share scientific, technical and industrial culture;
      "3° Valorize the results of the research at the service of the society. To this end, it focuses on the development of innovation, the transfer of technology where possible, the capacity of expertise and support to associations and foundations, recognized as public utility, and public policies to respond to societal challenges, social, economic and sustainable development needs;
      « 4° Promote the French language as a scientific language. »

      Article 15 Learn more about this article...


      Article L. 111-6 of the same code is as follows:
      "Art. L. 111-6.-A national research strategy, including multi-year capacity programming, is developed and revised every five years under the coordination of the Minister for Research in consultation with civil society. This strategy aims to address scientific, technological, environmental and societal challenges by maintaining a basic high-level research. It includes the valorization of research results at the service of society. To this end, it ensures the development of innovation, technology transfer, expertise and support to public policies and associations and foundations, which are recognized as public utility. Scientific, technical and industrial culture is part of the national research strategy and is taken into account in its implementation.
      "The priorities are determined after consultation with the scientific and academic community, social and economic partners and representatives of associations and foundations, recognized as public utility, the ministries concerned and the local authorities, in particular the regions. The Minister responsible for research ensures that the national strategy is consistent with that developed within the framework of the European Union and that sensitive information of a strategic nature for the competitiveness or defence of national interests is preserved.
      "The national research strategy and the conditions of its implementation are the subject of a biennial report of the Parliamentary Office for the Assessment of Scientific and Technological Choices, a delegation mentioned in theArticle 6 ter of Order No. 58-1100 of 17 November 1958 related to the functioning of parliamentary assemblies, which includes analysis of the effectiveness of public aids in private research. The quantitative elements of this report are made up of sex data.
      "Multi-year contracts with research organizations and higher education institutions, the programming of the National Research Agency and other public funding of research contribute to the implementation of the national research strategy.
      "The Parliamentary Office for the Assessment of Scientific and Technological Choices, delegation mentioned at theArticle 6 ter of Order No. 58-1100 of 17 November 1958 referred to above, contributes to the evaluation of the implementation of this strategy. »

      Article 16 Learn more about this article...


      Article L. 112-1 of the same code is amended as follows:
      1° The b is complemented by the words: "at the service of society, based on innovation and technology transfer";
      2° This is complemented by the words: "by giving priority to free access formats";
      3° C bis is complemented by the words: "and in support of associations and foundations, recognized as public utility, and public policies to respond to societal challenges, social, economic and sustainable development";
      4° It is added an e as follows:
      “e) Organization of free access to scientific data. » ;
      5° It is added a paragraph to read:
      "Public research institutions and higher education institutions promote the development of cooperation with associations and foundations, recognized as public utility. They are involved in promoting participatory research and developing the nation's technological and social innovation capabilities. These cooperations are carried out in the respect of the independence of researchers and, in the absence of contrary clauses, for a non-profit purpose. The research carried out as part of these cooperations is, in the absence of contrary clauses, made public and accessible. »

      Article 17 Learn more about this article...


      The national strategy of higher education referred to in Article L. 123-1 of the Education Code and the national strategy of research referred to inarticle L. 111-6 of the search code are presented in the form of a white paper of higher education and government research in Parliament every five years.

      Article 18 Learn more about this article...


      After the words: "to the provisions of Article L. 123-5", the end of Article L. 112-3 of the search code is deleted.

      Article 19 Learn more about this article...


      The education code is thus modified:
      1° Article L. 214-2 is as follows:
      "Art. L. 214-2. - The region coordinates, subject to State missions and within the framework of the national research strategy, territorial initiatives aimed at developing and disseminating scientific, technical and industrial culture, especially among young audiences, and participates in their financing.
      "The State transfers to the regions the credits it gave to these initiatives.
      "In line with national strategies for higher education and research, the region defines a regional framework for higher education, research and innovation that determines the principles and priorities of its interventions.
      "Territorial authorities and public intercommunal cooperation institutions that host academic sites or research institutions are associated with the development of the regional schema.
      "The region sets out the objectives of multi-year research programs and determines the investments involved in research. The directions of the regional scheme of higher education, research and innovation are taken into account by the other regional frameworks for training, innovation and economic development. The region is consulted on the regional aspects of the map of higher education and research. » ;
      2° In article L. 214-3, after the word "forecasts," the words are inserted: "Regional diagrams of higher education, research and innovation,"
      3° In the second sentence of Article L. 611-3, after the words: "affected, the", are inserted the words: "areas and, if applicable, the others";
      4° In the first paragraph of Article L. 614-1, the word "or" is replaced by the word "and".

  • PART II: THE NATIONAL COUNCIL OF SUPERIOR INFORMATION AND RESEARCH Rule 20 Learn more about this article...


    Article L. 232-1 of the Education Code is amended as follows:
    1° In the first paragraph, after the word "professional", the words "and public research institutions" are inserted;
    2° The second paragraph is amended to read:
    (a) After the first sentence, two sentences are inserted:
    "Public research institutions are represented by officials of these institutions appointed by the Minister for Research and elected representatives of staff. The National Council for Vocational Training throughout life, as provided for in chapter III, section 1, title II, of Book I of the sixth part of the Labour Code, and the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research, as provided for in Article L. 814-3 of the Rural and Maritime Fisheries Code, designate their representatives who sit with an advisory voice. » ;
    (b) The second sentence is amended:
    ― after the word "named", the word "jointly" is inserted;
    ― are added the words: "and by the Minister for Research";
    3° The third paragraph is supplemented by the words: "or by the Minister for Research, according to the agenda";
    4° The fourth paragraph is supplemented by the words: "or public research institutions, in the cases provided for by the search code » ;
    5° The first is thus written:
    « 1° The national strategy of higher education and the national strategy of research; » ;
    6° The 2° is supplemented by the words: "from this code and to thearticle L. 311-2 of the search code » ;
    7° At 3°, the words: "equipment and operating expenses" are replaced by the word "means";
    8° After the ninth preambular paragraph, it is inserted a 4° as follows:
    « 4° Scientific employment reform projects. » ;
    9° The tenth paragraph is supplemented by the words "and public research institutions";
    10° The penultimate paragraph is supplemented by the words "or the minister responsible for research";
    11° The last paragraph is supplemented by a sentence as follows:
    "This decree sets out the conditions under which gender parity is ensured in the lists of candidates and for the appointment of representatives of major national interests. »

  • TITRE III : LES FORMATIONS DE L'ENSEIGNEMENT SUPÉRIEUR Article 21 Learn more about this article...


    After Article L. 401-2 of the Education Code, an article L. 401-2-1 is inserted as follows:
    "Art. L. 401-2-1. - Schools with higher education education make public statistics with indicators of achievement of their students or apprentices to the exams, examinations and diplomas they prepare. These institutions also provide general information on the rates of further education and professional integration in each of the areas affecting them. Each student or apprentice is obligatoryly informed of these statistical data prior to their orientation in a new cycle or higher education. »

    Article 22 Learn more about this article...


    Article L. 611-2 of the same code is amended as follows:
    1° Before the first preambular paragraph, a subparagraph shall read:
    "The higher education institutions may establish one or more training development councils within them that include representatives of the professional community. The rules relating to the composition and operation of these councils are established by the statutes of the institution. » ;
    2° The 1st is supplemented by the words: ", especially within the training development councils";
    3° The 3° is thus modified:
    (a) After the word: "private" are inserted the words: ", organizations of the social and solidarity economy";
    (b) The words: "as well as teachings alternately" and "in this case" are deleted;
    (c) After the word "must", the words are inserted: "to be consistent with the training followed by the student and";
    4° It is added a 4° as follows:
    « 4° Lessons can be arranged alternately. »

    Article 23 Learn more about this article...


    Article L. 611-3 of the same code is amended as follows:
    1° In the first sentence, after the word "capacity", the words are inserted: "and professional perspectives related to the foreseeable needs of society, the economy and land use";
    2° Is added a sentence as follows:
    "Guidelines promote balanced access and representation between women and men in the training sectors. »

  • PART IV: PROFESSIONAL PROFESSIONAL STAGES Article 24 Learn more about this article...


    Article L. 611-5 of the Education Code is amended as follows:
    1° In the second sentence of the first paragraph, after the word "office", the words are inserted: "the mission is to promote equal access to internships to all students. He";
    2° The second paragraph is supplemented by two sentences as follows:
    "He prepares students who apply for pre-employment interviews. It identifies companies that can offer students a professional experience in connection with the major areas of training taught in the university, with a view to proposing the signing of internship agreements. » ;
    3° The last paragraph is supplemented by two sentences as follows:
    "The statistics with the rates of professional integration of students, one and two years after graduation, are made public. Each student is obligatoryly informed upstream of their orientation in a new cycle or higher education. »

    Rule 25 Learn more about this article...


    At the end of the title of chapter II, section 4, title I of Book VI of the third part of the same code, the word "business" is replaced by the words "professional environment".

    Rule 26 Learn more about this article...


    Article L. 612-8 of the same code is as follows:
    "Art. L. 612-8.-Professional internships not relevant toArticle L. 4153-1 of the Labour Codeneither professional training throughout life, as defined in the sixth part of the same code, is the subject of a convention between the trainee, the host organization and the educational institution, whose terms are determined by decree.
    "Every student wishing to perform an internship is offered a convention by the higher education institution.
    "The courses are integrated into a school or university curriculum, according to the terms determined by decree. A minimum educational volume of training as well as the modalities of supervision of the internship by the institution of origin and the host agency are set by this decree and specified in the internship agreement.
    "The course corresponds to a temporary period of professional placement during which the student acquires professional skills that implement the achievements of his or her training to obtain a degree or certification. The trainee shall be assigned one or more missions in accordance with the educational project defined by his or her educational institution and approved by the host organization.
    "The purpose of the internship is not to carry out a regular task corresponding to a permanent workstation of the company, public administration, association or other host organization.
    "Interns benefit from the protections and rights mentioned in the Articles L. 1121-1, L. 1152-1 and L. 1153-1 of the Labour Code under the same conditions as employees. »

    Rule 27 Learn more about this article...


    Section L. 612-11 of the same code is amended as follows:
    1° In the first sentence, after the word "business", the words are inserted: ", public administration, parliamentary assembly, advisory assembly, association or any other host organization";
    2° It is added a paragraph to read:
    "The first paragraph applies without prejudice to provisions of Article L. 4381-1 of the Public Health Code. »

    Rule 28 Learn more about this article...


    Section 4 of Chapter II of Title I of Book VI of Part III of the Code is supplemented by an article L. 612-14 as follows:
    "Art. L. 612-14.-A student or student who has completed his or her internship shall transmit to the services of his or her educational institution responsible for accompanying him in his or her project of study and professional integration a document in which he or she assesses the quality of the reception he or she has received within the organization. This document is not taken into account in its evaluation or graduation. »

    Rule 29 Learn more about this article...


    Chapter I of the same title I is supplemented by an article L. 611-8 as follows:
    "Art. L. 611-8.-The higher education institutions make available, for the training courses that enable them, their teachings in digital form, in conditions determined by their academic council or by the organ, taking place and in accordance with the provisions of the Intellectual Property Code. This provision cannot be substituted for the teachings given in the presence of students without educational justification.
    "A training in the use of digital tools and resources and the understanding of the issues associated with them, adapted to the specificities of the course followed by the student, is provided from the start to the higher education, in the continuity of the training provided in the second degree of education.
    "At their request, teachers can take training that allows them to acquire the skills necessary to make their teaching available in a digital form and initiates them to innovative teaching methods seeking the use of information and communication technologies.
    "The modalities for the implementation of the first two paragraphs of this Article shall be determined by the multi-year contract referred to in Article L. 711-1. »

    Rule 30 Learn more about this article...


    The last paragraph of Article L. 612-1 of the same code is amended as follows:
    1° After the words: "indicators" are inserted the words: "incorporating students in all the trainings provided,"
    2° Two sentences are added:
    "Each student has it before his or her orientation in a higher education. In the development and communication of these statistics, institutions can benefit from the assistance of the State statistical offices and public institutions, which can, to this end, provide them with methodological support and validate the reliability of the investigations conducted. »

    Rule 31 Learn more about this article...


    In the last sentence of the first paragraph of the same article L. 612-1, after the word "professional" are inserted the words ", to entrepreneurship training".

    Rule 32 Learn more about this article...


    Article L. 612-2 of the same code is amended as follows:
    1° At the beginning of the first paragraph, the words are added: "In the continuity of the teachings given in the second cycle of secondary education, which prepare for further studies in higher education,"
    2° After the 2°, it is inserted a 2° bis as follows:
    « 2° bis To accompany any student in the identification and constitution of a personal and professional project, based on multidisciplinary education and thus on a progressive specialization of studies; "

    Rule 33 Learn more about this article...


    I. ― Article L. 612-3 of the same code is amended as follows:
    1° The third paragraph is supplemented by two sentences as follows:
    "In light of the speciality of the degree prepared and the requests registered under the pre-registration procedure referred to in the second paragraph, the academy rector, Chancellor of Universities, provides, for access to the sections of higher technicians and the academic institutes of technology, respectively, a minimum percentage of professional graduates and a minimum percentage of technological graduates as well as appropriate criteria for the verification of their abilities. The percentages are set in consultation with university presidents, directors of university institutes of technology, directors of apprenticeship training centres and supervisors of high school graduates. » ;
    2° The last paragraph is as follows:
    "The preparatory classes of high schools and public higher education institutions provide the preparation for schools, higher education courses that are the subject of a selection and public service competitions. Scholars benefit from free access to these preparations. » ;
    3° Three subparagraphs are added:
    "Each public high school with at least one higher education school concludes a convention with one or more public institutions of a scientific, cultural and professional nature of its choice in its academy in order to plan reconciliations in the educational and research fields and to facilitate the training courses of students. When no public institution with a scientific, cultural and professional character of the academy offers higher education courses in connection with those provided in the high school, the academy may conclude a convention with a scientific, cultural and professional public institution located outside its academy. The convention provides the modalities for the implementation of common teachings to the training provided by public institutions of a scientific, cultural and professional character and to those provided by high schools. The public institution with a scientific, cultural and professional character is motivated by its refusal to conclude a convention. Pre-registration provides students with the knowledge of existing conventions between high schools with at least higher education and public institutions with a scientific, cultural and professional character to which they are associated.
    "Students enrolled in a preparatory class for large schools in a public high school are also enrolled in a training offered by one of the public institutions of a scientific, cultural and professional character having concluded a convention with this high school, according to the terms specified by decree. This registration shall take payment of the registration fees provided for in Article L. 719-4.
    "In accordance with the goal of success of all students, higher education institutions can set up pedagogical accompaniment devices that take into account the diversity and specificities of the student audiences welcomed, under conditions fixed by their accreditation order. »
    II. ― After the same article L. 612-3, an article L. 612-3-1 is inserted as follows:
    "Art. L. 612-3-1.-On the basis of their results in the baccalaureate, the best students in each school benefit from a right of access in public higher education courses where a selection can be made. The percentage of students enjoying this right of access is set annually by decree. The academy rector, chancellor of universities, reserves in these formations a minimum quota of places for the benefit of these students. »

    Rule 34 Learn more about this article...


    Article L. 612-4 of the same code is amended as follows:
    1° In the first paragraph, the words: "are put in a position to" are replaced by the word: "can", the words: "in the second cycle" are replaced by the words: "in order to obtain a graduate degree or, if applicable, at the end of the second cycle" and the words: "to be oriented" are replaced by the words: "to be guided";
    2° The second paragraph is deleted.

    Rule 35 Learn more about this article...


    Article L. 612-7 of the same code is amended as follows:
    1° In the first sentence of the first paragraph, after the word "training", the words are inserted: "searching and";
    2° In the second sentence of the second paragraph, the words: "students, to prepare their professional integration" are replaced by the words: "students, to prepare their professional integration or their pursuit of career";
    3° The third paragraph is supplemented by a sentence as follows:
    "This title is a professional research experience that can be recognized in collective agreements. »

    Rule 36 Learn more about this article...


    The second sentence of article L. 612-9 of the same code is as follows:
    "A decree sets out the trainings for which it can be derogated from this period of training given the specificities of the professions requiring a higher period of practice, to which these trainings are being prepared. »

    Rule 37 Learn more about this article...


    Section L. 613-1 of the same code is amended as follows:
    1° In the second sentence of the second paragraph, the word "authorized" is replaced by the word "accredited";
    2° After the second paragraph, four sub-items are inserted:
    "The content and modalities of accreditation of institutions are determined by order of the Minister responsible for higher education, after the advice of the National Council for Higher Education and Research. Accreditation, by its content and terms, takes into account the link between teaching and research within the institution, the educational quality, the territorial map of the trainings, the objectives of professional integration and the links between the teaching teams and the representatives of the professions concerned by the training.
    "An establishment is accredited for the duration of the multi-year contract with the State. Accreditation may, after a national assessment, be renewed by order of the Minister for Higher Education, after the advice of the National Council for Higher Education and Research.
    "The national framework for training, set by decree of the Minister for Higher Education, after the advice of the National Council for Higher Education and Research, includes the list of references to national diplomas grouped by major fields as well as the rules relating to the organization of training.
    "The institution's accreditation order shall be empowered to issue, in accordance with the national training framework, national diplomas whose list is annexed to the Order. » ;
    3° After the second sentence of the fourth preambular paragraph, a sentence should read:
    "They are adapted to the specific constraints of students or people who benefit from continuing education with a disability or a health disability disorder. »

    Rule 38 Learn more about this article...


    I. ― In the third paragraph of Article L. 233-1 of the same code, the word "authorized" is replaced by the word "accredited".
    II. ― At the last sentence of the second paragraph of Article L. 612-7 of the same code, the word "authorized" is replaced by the word "accredited".
    III. ― The first paragraph of Article L. 614-3 of the same code is amended as follows:
    1° In the first sentence, the words “from the Higher Council for Research and Technology” are deleted;
    2° In the second sentence, the word "habilitations" is replaced by the word "accreditations".
    IV. ― In the second paragraph of Article L. 642-1 of the same code, the words "accreditation to" are replaced by the words "accreditation for".
    V. ― Article L. 752-1 of the same code is amended as follows:
    1° After the reference: "L. 611-1", the references are inserted: "L. 611-2, L. 611-8";
    2° The reference: "L. 613-1" is replaced by the reference: "L. 613-2";
    3° It is added a paragraph to read:
    "Architecture schools are accredited, by a joint decree of ministers responsible for higher education and architecture, taken after the advice of the National Council for Higher Education and Research, to issue, in their areas of competence, alone or in conjunction with public institutions of a scientific, cultural and professional character, national degrees of first, second or third cycle. »
    VI. ― At the penultimate paragraph of Article L. 812-1 of the Rural and Maritime Fisheries Code, the word "licensed" is replaced by the word "accredited" and the words "national graduate degrees" are replaced by the words: "national graduates of the second and third cycle and national diplomas of the first cycle with a goal of professional integration".

    Rule 39 Learn more about this article...


    On an experimental basis, for a period of six years, and by derogation from the provisions of Article I of Article L. 631-1 of the Code of Education, special procedures for admission to medical, odontological, pharmaceutical and maieutic studies may be fixed by decree in the form:
    1° From a reorientation of students in the first year in common to health studies conducted at the earliest eight weeks after the beginning of these tests, covering the lessons learned during this period. Only students considered, on the basis of these trials, that they are not likely to be ranked useful after the first year can be redirected. The reorientation may be systematic, and the number of reorientations may not exceed a percentage of the number of registrants determined by order after consultation with the representative organizations concerned. Optional reorientation can also be offered to students beyond this percentage. The university ensures in all cases the reorientation of these students by offering them an inscription in a course that welcomes them from the current academic year;
    2° A second- or third-year admission of medical, odontological, pharmaceutical or maïeutic studies after one to three years of a suitable undergraduate leading to a national degree of licence. The number of students admitted in the second year after the first common year and the number of students admitted directly in the second or third year are fixed, for each university concerned and for each sector, by joint decree of ministers responsible for higher education and health.
    During the fifth year of experimentation, the ministers responsible for higher education and health jointly submit to the National Council for Higher Education and Research a report on the evaluation of the experiments conducted under this article. This report, together with the advice of the National Council for Higher Education and Research, is addressed to Parliament.

    Rule 40 Learn more about this article...


    On an experimental basis, for a period of six years, special procedures for admission to paramedical training, the list of which is defined by joint decree of ministers responsible for health and higher education, after consultation with representatives, students and professionals of the specialties concerned, can be fixed by decree in the form of a first year common to these trainings. Excluded from this experiment are the trainings preparing for the French diploma of state of nurse or nurse mentioned to the French diplomaArticle L. 4311-3 of the Public Health Code.
    During the fifth year of experimentation, the ministers responsible for higher education and health jointly submit to the National Council for Higher Education and Research a report on the evaluation of the experiments conducted under this article. This report, together with the advice of the National Council for Higher Education and Research, is addressed to Parliament.

    Rule 41 Learn more about this article...


    Within six months of the promulgation of this Act, the Government shall submit to Parliament a report formulating proposals to improve the selection and training of future physicians and to broaden the social and geographic origins of students. This report analyses the feasibility of organizing interregional classifying tests for medical studies.

  • TITRE V : LES ÉTABLISSEMENTS D'ENSEIGNEMENT SUPÉRIEUR
    • Chapter I: Public higher education institutions Rule 42 Learn more about this article...


      After the 3rd of the article L. 711-2 of the education code, it is inserted a 4th so written:
      « 4° Communities of universities and institutions. »

      Rule 43 Learn more about this article...


      I. ― Chapter I of Book VII of Part III of the Code is supplemented by an article L. 711-10, which reads as follows:
      "Art. L. 711-10. - In the absence of specific provisions provided for in the legislation or regulations governing the establishment or its personnel, the age limit of the presidents, directors and persons who, whatever their title, exercise the function of the head of establishment of public institutions of a scientific, cultural and professional nature is set at sixty-eight years. They may remain in office until 31 August after the date they reached that age. »
      II. ― Section 13 of Act No. 2007-1199 of 10 August 2007 on the freedoms and responsibilities of universities is repealed.

      Rule 44 Learn more about this article...


      Section L. 613-2 of the Education Code is supplemented by a paragraph to read:
      "The presidents and directors of public higher education institutions make public on their website the list of their own diplomas and teachers involved in these courses. »

      • Section 1: Governance of universities Rule 45 Learn more about this article...


        In Article L. 712-1 of the Education Code, the words: ", the Scientific Council and the Council of Studies and University Life by their Opinions" are replaced by the words: "and the Academic Council, by its deliberations and opinions."

        Rule 46 Learn more about this article...


        Article L. 712-2 of the same code is amended as follows:
        1° In the first sentence of the first paragraph, the word "elected" is deleted;
        2° The third paragraph reads as follows:
        "His functions are incompatible with those of an elected member of the academic council, as a component director, school or institute, or any other internal structure of the university and with those of an executive director of any scientific, cultural and professional public institution or of any of its internal components or structures. » ;
        3° The last sentence of 1° is deleted;
        4° The second and last paragraphs of the 4th are replaced by a sub-item:
        "He affects in the various services of the university the personnel engineers, administrative, technical, workers and service. No assignment of an officer under these categories of staff may be made if the President issues a reasoned unfavourable opinion, after consultation with representatives of such staff under conditions established by the establishment's statutes. These provisions are not applicable to the first assignment of engineers, administrative, technical, workers and service staff recruited by external or internal competitions where their specific statutes provide for an internship period. » ;
        5° The 5th is supplemented by the words: ", unless a deliberation of the board of directors provides that the competences relating to the examination boards are exercised by the directors of the university components."
        6° After the 9°, it is inserted a 10° as follows:
        « 10° On a joint proposal by the board of directors and academic council, he set up a mission "equality between men and women". » ;
        7° In the last paragraph, the words "three councils" are replaced by the words "of the board of directors" and the words "secretary general" are replaced by the words "Director General of Services".

        Rule 47 Learn more about this article...


        Section L. 712-3 of the same code is amended as follows:
        1° I is thus modified:
        (a) In the first paragraph, the words: "20 to thirty" are replaced by the words: "24 to thirty-six";
        (b) At 1°, the word "fourteen" is replaced by the word "six";
        (c) At the beginning of 2°, the words: "Seven or" are deleted;
        (d) At the beginning of the 3rd, the words: "From three to five" are replaced by the words: "Four or six";
        (e) At the beginning of the 4th, the words "Two or three" are replaced by the words "Four or six";
        2° The second is thus written:
        “II. ― Personalities outside the institution, of French or foreign nationality, members of the board of directors are, with the exception of personalities designated under 3° of this II, designated prior to the first meeting of the board of directors. They include as many women as men. A decree sets out the conditions under which this parity is ensured. It specifies the number and distribution by sex, possibly over time, of candidates proposed by each of the relevant bodies. These personalities include, by derogation from Article L. 719-3:
        « 1° At least two representatives of the territorial authorities or their groupings, including at least one representative of the region, designated by these communities or groups;
        « 2° At least one representative of the research organizations, designated by one or more organizations maintaining cooperation with the institution;
        « 3° A maximum of five personalities designated after a public call for nominations by the elected members of the council and the designated personalities at 1° and 2°, of which at least:
        “(a) A person performing general management functions within a business;
        “(b) A representative of employee representative organizations;
        "(c) A representative of a company employing less than five hundred employees;
        "(d) A representative of a secondary school.
        "At least one of the external personalities designated at 3° has the quality of former university graduate.
        "The final choice of personalities mentioned in the 3rd takes into account the gender distribution of personalities designated at 1° and 2° to ensure parity between women and men among the external personalities members of the board of directors.
        "The statutes of the institution specify the number of outside personalities under each of the categories mentioned in 1° to 3° and the communities and entities called to designate them under 1° and 2°. » ;
        3° The III is thus amended:
        (a) In the first sentence, the word "elected" is deleted;
        (b) The second sentence is deleted;
        4° The IV is thus amended:
        (a) The 7th is written:
        « 7° It approves the annual activity report, which includes an assessment and a project, presented by the President; » ;
        (b) After the 7°, it is inserted a 7° bis as follows:
        « 7° bis He approves the social assessment submitted annually by the Chair, following the advice of the technical committee referred to in article L. 951-1-1. This balance sheet presents the evolution of the balance between incumbent and contract jobs and the actions undertaken in favour of the resorption of precariousness within the institution's staff. The data and results of this assessment are reviewed against the human resources forecast management objectives specified in the contract referred to in Article L. 711-1; » ;
        (c) The 8th is thus written:
        « 8° He deliberates on all matters submitted to him by the President, in particular in the light of the opinions and wishes of the academic council, and approves the decisions of the academic council in accordance with Article L V. 712-6-1; » ;
        (d) After the 8th, two sub-items are inserted:
        « 9° He adopted the multi-year disability policy framework proposed by the academic council. Each year, the Chair submits to the Board of Directors a performance report of this scheme, with performance and monitoring indicators.
        "Subject to statutory provisions relating to the first assignment of staff recruited by national competitive examination of higher education, no assignment of a candidate to a job as a teacher-researcher may be made if the board of directors, in restricted training to teachers-researchers and assimilated personnel, issues a reasoned unfavourable opinion. » ;
        (e) In the tenth paragraph, after the reference: "4°", the end of the first sentence is thus written: ", 7°, 7° bis, 8° and 9°. »

        Rule 48 Learn more about this article...


        In the first sentence of the first paragraph and the last paragraph of Article L. 953-2 of the same code, the words "secretary General" are replaced by the words "Director General of Services".

        Rule 49 Learn more about this article...


        I. ― Article L. 712-4 of the same code becomes Article L. 712-6-2.
        II. ― Article L. 712-4 of the same code is reinstated:
        "Art. L. 712-4.-The academic council shall be composed of the members of the research commission referred to in Article L. 712-5 and the commission of training and academic life referred to in Article L. 712-6.
        "The disciplinary section referred to in Article L. 712-6-2 and the competent section for the examination of individual issues relating to the recruitment, assignment and career of teachers-researchers shall be incorporated.
        "The statutes of the university provide for the terms of designation of the president of the academic council, who may be the president of the board of directors of the university, as well as his student vice-president. The president of the academic council, whose term expires on the expiry of the term of office of the elected representatives of the academic council, chairs the board of formation and academic life and the research commission.
        "They also provide for the conditions under which, within the Commission of Education and University Life and the Commission of Research, the representation of the major training sectors taught in the university concerned, namely the legal, economic and management disciplines, the letters and the human and social sciences, the sciences and technologies and the health disciplines.
        "In case of equal sharing of votes, the president has a dominant voice. »
        III. ― Section L. 712-5 of the same code is amended as follows:
        1° At the beginning of the first paragraph, the words: "The Scientific Council" are replaced by the words: "The Research Commission";
        2° The last four paragraphs are deleted.
        IV. ― Section L. 712-6 of the same code is amended as follows:
        1° At the beginning of the first paragraph, the words: "The Council of Studies and University Life" are replaced by the words: "The Commission of Training and University Life";
        2° The 3rd is supplemented by the words: ", of which at least one representative of a secondary school";
        3° After the 3rd it is inserted a paragraph as follows:
        "The director of the regional centre of academic and academic works or his representative attends the sessions of the academic council's commission of training and academic life. » ;
        4° The last four paragraphs are deleted.
        V. ― In the first sentence of the last paragraph of article L. 712-6-2 of the same code, as it follows from the I of this article, after the word: " composition", the words ", which strictly respects parity between men and women".

        Rule 50 Learn more about this article...


        Article L. 712-6-1 of the same code is as follows:
        "Art. L. 712-6-1. - I. The Academic Council's Academic Education and Life Commission is consulted on the components training programs.
        "She adopts:
        « 1° The distribution of the envelope for training as provided by the Board of Directors and subject to compliance with the strategic framework of its distribution, as defined by the Board of Directors;
        « 2° Examination rules;
        « 3° The rules for the evaluation of teachings;
        « 4° Measures that seek the success of the largest number of students;
        « 5° Measures to enable the implementation of student orientation and the validation of the acquis, to facilitate their entry into active life and to promote the cultural, sporting, social or associative activities offered to students, as well as measures to improve the living and working conditions, including measures related to support activities, academic and school works, medical and social services, libraries and documentation centres, and information centres;
        « 6° Measures to promote and develop interactions between science and society, initiated and facilitated by students or teachers-researchers, within institutions and within the institution's territory of radiation;
        « 7° The necessary measures for the reception and success of students with a disability or a disability, in accordance with the obligations of higher education institutions under Article L. 123-4-2.
        “II. ― The research commission of the academic council distributes the envelope of means for research as allocated by the board of directors and subject to the strategic framework of its distribution, as defined by the board of directors. It sets the operating rules of the laboratories and is consulted on the conventions with the research organizations. It adopts measures to enable students to develop activities to disseminate scientific, technical and industrial culture.
        "III. ― The Academic Council in Plenary Training is consulted or may wish on the guidance of the policies of training, research, dissemination of scientific, technical and industrial culture and scientific and technical documentation, the qualification to be given to the job of a teacher-researcher and a researcher who is vacant or requested, on the application for accreditation referred to in Article L. 613-1 and on the establishment contract. He proposed to the Board of Directors a multi-year framework for disability policy, covering all areas of disability. Based on the advice of the technical committee referred to in Article L. 951-1-1 of this Code, this diagram sets out the objectives that the institution pursues in order to fulfill the obligation established by the establishmentArticle L. 323-2 of the Labour Code. It is consulted on all measures to guarantee the exercise of university freedoms and trade union and political freedoms of students.
        "IV. ― In restricted training for teachers-researchers, it is the competent body, referred to in Article L. 952-6 of this Code, for the examination of individual issues related to the recruitment, assignment and career of teachers-researchers. It deliberates on the integration of officials of the other bodies into the body of teachers and researchers and on the recruitment or renewal of temporary teaching and research officers. When examining in restricted training individual issues relating to teachers and researchers, other than university professors, it is composed of men and women and parity of representatives of university professors and other professor-researchers, in conditions specified by decree.
        "V. ― The decisions of the academic board with a financial impact are subject to approval by the board of directors. »

        Rule 51 Learn more about this article...


        I. ― Article L. 611-5 of the same code is amended as follows:
        1° At the end of the first sentence of the first paragraph, the words: "of the board of studies and academic life" are replaced by the words: "of the board of education and academic life";
        2° In the last paragraph, the words: "to the board of studies and academic life" are replaced by the words: "to the commission of the formation and academic life of the academic council".
        II. ― Section L. 712-6-2 of the same code, in its drafting resulting from this Act, is amended as follows:
        1° In the first paragraph and in the second sentence of the last paragraph, the words "administration" are replaced by the word "academic";
        2° At the end of the last sentence of the last paragraph, the words: "referral under Article L. 719-10" are replaced by the words: "association provided for in Article L. 718-16".
        III. ― In the second sentence of the last paragraph of Article L. 811-1 of the same code, the words "education and academic life" are replaced by the words "academic in plenary formation".
        IV. ― Section L. 811-5 of the same code is amended as follows:
        1° In the first sentence, the words "administration" are replaced by the word "academic" and the reference: "L. 712-4" is replaced by the reference: "L. 712-6-2";
        2° In the second sentence, the words "administration" are replaced by the word "academic".
        V. ― At the end of the second sentence of the first paragraph of Article L. 954-2 of the same code, the words "of the scientific council" are replaced by the words "of the research commission of the academic council".

        Rule 52 Learn more about this article...


        Article L. 713-1 of the same code is amended as follows:
        1° At 1°, after the words "research centers", are inserted the words "and other types of components" and the word "scientific" is replaced by the word "academic";
        2° After 2°, two paragraphs are inserted:
        « 3° Groups of components created by deliberation of the board of directors of the university after advice from the academic council or, where applicable, for the groupings of schools or institutes provided for in 2°, by order of the minister responsible for higher education on proposal or after advice from the board of directors of the university and the National Council of Higher Education and Research. The statutes of the university may provide that are delegated to these groupings of components some of the competences of the board of directors or of the academic board, with the exception of the competences of the disciplinary section or the limited training to teachers-researchers.
        "A board of directors of components is established by the statutes of the university, which define its competencies. He participates in the preparation and implementation of the decisions of the Board of Directors and the Academic Council. It is chaired by the president of the university. » ;
        3° After the first sentence of the last paragraph, two sentences are inserted:
        "The President, in accordance with the terms set by the statutes, conducts a management dialogue with the components, in order to determine their objectives and means. This management dialogue can take the form of a contract of objectives and means between the university and its components. »

        Rule 53 Learn more about this article...


        At the end of the title of chapter III, section 2, title I, of the third part of the same code, the words "and odontology" are replaced by the words ", odontology and Maieutics".

        Rule 54 Learn more about this article...


        Article L. 713-4 of the same code is amended as follows:
        1° I is thus modified:
        (a) In the first sentence of the first paragraph, the references: ", L. 712-5 and L. 712-6" are replaced by the reference: "and L. 712-6-1", the words: "and odontology" are replaced by the words: ", odontology and maïeutics", the word: "divisions" is replaced by the word: "components" and, after the word: "private health",
        (b) In the second and fourth paragraphs, the words "of the department" are replaced by the words "of the component";
        2° In the first paragraph of the II, the references: ", L. 712-3 and L. 712-6" are replaced by the reference: "and L. 712-6-1" and the words: "or pharmacy" are replaced by the words: ", pharmacy or maieutics".

        Rule 55 Learn more about this article...


        Article L. 714-1 of the same code is supplemented by a 5° as follows:
        « 5° Organization of the actions involved in the social responsibility of the institution. »

      • Section 2: Other public institutions of a scientific, cultural and professional character and public institutions of higher education Rule 56 Learn more about this article...


        I. ― Article L. 715-1 of the Education Code is supplemented by a sentence as follows:
        "This decree may provide for the creation of an academic council with all or part of the skills set out in articles L. 712-6-1 and L. 712-6-2. »
        II. ― Section L. 715-2 of the same code is amended as follows:
        1° The last sentence of the third paragraph is as follows:
        "When a competent academic council in disciplinary matters has not been established, the competencies set out in sections L. 712-6-2, L. 811-5, L. 811-6 and L. 952-7 to L. 952-9 shall be exercised by the board of directors. » ;
        2° After the third preambular paragraph, a sub-item reads as follows:
        "The Board of Directors may delegate some of its responsibilities to the Director, with the exception of the approval of the establishment contract and accounts as well as the vote of the budget and the rules of procedure. The Board shall, as soon as possible, report to the Board of Directors on decisions taken under this delegation. » ;
        3° The last paragraph is as follows:
        "The composition of the scientific council is that set out in article L. 712-5 for the commission of research and the composition of the council of studies and academic life is that set out in article L. 712-6 for the commission of training and academic life. When an academic council has not been established, the scientific council and the board of studies and academic life shall exercise the advisory functions entrusted to the academic council by section L. 712-6-1 and the board of directors shall exercise the decision-making functions set out in that section. »

        Rule 57 Learn more about this article...


        I. ― In the last paragraph of articles L. 716-1 and L. 718-1 and L. 741-1 of the same code, the reference: "L. 712-4" is replaced by the reference: "L. 712-6-2".
        II. ― Articles L. 716-1 and L. 718-1 of the same code are supplemented by a paragraph as follows:
        "This decree may provide for the creation of an academic council with all or part of the skills set out in articles L. 712-6-1 and L. 712-6-2. When an academic council has not been established, the competencies referred to in articles L. 712-6-1, L. 712-6-2, L. 811-5, L. 811-6 and L. 952-6 to L. 952-9 are exercised by the authorities of the institution provided for by the decrees mentioned in the first paragraph. »
        III. ― Article L. 741-1 of the same code is supplemented by a paragraph as follows:
        "This decree may provide for the creation of an academic council with all or part of the skills set out in articles L. 712-6-1 and L. 712-6-2. When an academic council has not been established, the competences referred to in articles L. 712-6-1, L. 712-6-2, L. 811-5, L. 811-6 and L. 952-6 to L. 952-9 are exercised by the authorities of the institution provided for in the decree mentioned in the first paragraph. »
        IV. ― In the last paragraph of articles L. 716-1 and L. 718-1, after the word: " dispositions", the reference is inserted: "from the 4th of Article L. 712-2 and".

        Rule 58 Learn more about this article...


        Article L. 717-1 of the same code is amended as follows:
        1° At the beginning, two subparagraphs are inserted:
        "Without prejudice to the provisions of Article L. 711-3, the qualification of a major institution may be recognized, as of the publication of Act No. 2013-660 of 22 July 2013 on higher education and research, either at institutions of old foundation and with specificities related to their history, or at institutions whose training offer does not include the issuance of diplomas for the three cycles of higher education.
        "The leaders of the major institutions are selected after public call for applications and review of these applications, in accordance with the terms and conditions set out by the statutes of the institution. These provisions are not applicable to establishments whose statutes provide that leaders are elected or that executive functions are performed by military personnel. » ;
        2° In the last paragraph, after the word: " dispositions", the reference is inserted: "from the 4th of Article L. 712-2 and" and the reference: "L. 712-4" is replaced by the reference: "L. 712-6-2";
        3° It is added a paragraph to read:
        "This decree may provide for the creation of an academic council with all or part of the skills set out in articles L. 712-6-1 and L. 712-6-2. When an academic council has not been established, the competences referred to in articles L. 712-6-1, L. 712-6-2, L. 811-5, L. 811-6 and L. 952-6 to L. 952-9 are exercised by the authorities of the institution provided for by the decrees mentioned in the third paragraph. »

        Rule 59 Learn more about this article...


        Chapter II of title I of Book VIII of the Rural Code and Maritime Fisheries is supplemented by an article L. 812-5 re-established as follows:
        "Art. L. 812-5.- Disciplinary authority for teachers, researchers, teachers and users is exercised first by the board of directors of the institution constituted in disciplinary section.
        "The President of the Disciplinary Section is a professor of higher education; he is elected to them by all the teachers-researchers members of the disciplinary section.
        "A decree in the Council of State specifies the composition, terms and conditions of appointment of members and the operation of the disciplinary section. »

      • Section 3: Common provisions on board composition Rule 60 Learn more about this article...


        Article L. 719-1 of the Education Code is amended as follows:
        1° The first paragraph is supplemented by a sentence as follows:
        "The members of the councils sit validly until their successors are appointed. » ;
        2° After the second preambular paragraph, a sub-item reads as follows:
        "Each list of candidates is alternately composed of a candidate of each sex. » ;
        3° In the third paragraph, the word "personal" is replaced by the words "teacher-researchers and assimilated personnel, engineer, administrative, technical, workers and service personnel";
        4° After the third paragraph, two sub-items are inserted:
        "A nomination is mandatory for each list of candidates. For the elections of the representatives of the professor-researchers and the staff assimilated to the board of the university, it is assigned in each of the colleges two seats to the list that obtained the most votes. The other seats are divided among all lists. However, lists that did not win a minimum of 10% of the votes cast are not allowed to vote.
        "If several lists have the same rest for the award of the last seat, it is the list that won the largest number of votes. In the event of an equal vote, the seat is assigned to the youngest candidate who may be declared elected. » ;
        5° The fifth preambular paragraph reads as follows:
        "For the elections of representatives of teachers-researchers and assimilated personnel and representatives of students and persons who receive ongoing training on the board of directors of the university, each list shall ensure the representation of at least two of the major training sectors referred to in section L. 712-4 and at least three of these sectors when the university includes the four sectors so mentioned. » ;
        6° The sixth preambular paragraph is amended to read:
        (a) The first sentence is deleted;
        (b) In the second sentence, after the word: "representative" are inserted the words: "Students and people benefiting from continuing education";
        7° After the sixth preambular paragraph, two sub-items are inserted:
        "Renewal of one or more colleges of staff representatives to the board of directors, for any reason, intervenes for the term of office of the president of the university remaining to run.
        "However, the concomitant resignation of two-thirds of the members holding the board of directors or the cancellation of the elections in one or more colleges of representatives of staff and students corresponding to two-thirds of the elected members holding the board of directors shall prevail the dissolution of the board of directors and the academic council and the end of the term of the president of the university. » ;
        8° The last paragraph is deleted.

        Rule 61 Learn more about this article...


        The last paragraph of Article L. 719-3 of the same code is supplemented by two sentences as follows:
        "This decree sets out the conditions under which gender parity is ensured. To this end, it specifies the number and distribution by sex, possibly over time, of candidates proposed by each of the competent bodies. »

    • Chapter II: Cooperation and consolidation of institutions Rule 62 Learn more about this article...


      After Chapter VIII of Title I of Book VII of Part III of the Education Code, a chapter VIII bis is inserted as follows:


      “Chapter VIII bis



      “Cooperation and groupings of institutions



      “Section 1



      “Common provisions


      "Art. L. 718-2.-On a given territory, which may be academic or inter-academic, on the basis of a shared project, public higher education institutions under the sole department responsible for higher education and partner research organizations coordinate their training offer and their research and transfer strategy. To this end, the groupings mentioned in the 2nd of Article L. 718-3 implement the powers transferred by their members. Higher education institutions under other guardianship authorities may participate in this coordination and consolidation.
      "When a public institution of higher education is structured in several regional locations, it must belong to at least one group mentioned in the 2nd of Article L. 718-3. It can conclude for each of its establishments a convention of association with a community of universities and institutions.
      "Art. L. 718-3.-The territorial coordination provided for in Article L. 718-2 shall be organized in a federal or confederal manner for higher education institutions as follows:
      « 1° The creation of a new higher education institution through the merger of several institutions referred to in Article L. 718-6.
      "The statutes of the establishment resulting from the merger may be applied to Article L. 711-4 II;
      « 2° Grouping, which can take the form:
      “(a) Participation in a community of universities and institutions referred to in section 3 of this chapter;
      “(b) From the association of public or private institutions or organizations involved in the public service of higher education or research to a scientific, cultural and professional public institution.
      "Territorial coordination is organized by a single higher education institution for a given territory. This establishment is either the new institution from a merger, the community of universities and institutions where there is one, or the institution with which the other institutions have entered into an association agreement. By derogation, in the academies of Paris, Créteil and Versailles, several institutions can ensure territorial coordination.
      "Art. L. 718-4.-The higher education institution responsible for organizing territorial coordination under the conditions laid down in Article L. 718-3 develops with the network of academic and academic works a project to improve the quality of student life and social promotion in the territory, involving all partner institutions. This project presents a consolidated vision of the needs of higher education institutions located in the Territory in the areas of student housing, transportation, social policy and health and cultural, sports, social and social activities. It is transmitted to the State and the territorial authorities concerned, prior to the conclusion of the multi-year settlement contract referred to in Article L. 711-1.
      "Art. L. 718-5.-On the basis of the shared project under section L. 718-2, a single multi-year settlement contract referred to in section L. 711-1 is concluded between the Minister for Higher Education and the consolidated institutions under his sole guardianship. Institutions under other guardianship authorities and these authorities may be parties to this contract. Multi-year contracts are pre-submitted to vote for advice to the boards of directors of each consolidated or grouping institution.
      "A single contract is also concluded between the Minister for Higher Education and the institutions of the same territory under his sole guardianship that have not yet proceeded to the merger or consolidation referred to in section L. 718-3. The contract provides for the various stages of merger or consolidation, which must take place before its maturity. Institutions under other guardianship authorities and these authorities may be parties to this contract.
      "These contracts include, on the one hand, a common component corresponding to the shared project referred to in Article L. 718-2 and the shared or transferred competencies and, on the other hand, components specific to each of the consolidated or grouping establishments. These specific components are proposed by the institutions and must be adopted by their own board of directors. They are not subject to deliberation of the board of directors of the community of universities and institutions or of the institution to which they are associated.
      "These multi-year contracts involve the region(s) and other territorial communities hosting academic sites or research institutions, research organizations and the regional centre of academic and academic works. They take into account the guidelines set out in the regional frameworks provided for in Article L. 214-2 and the guidelines set by the academic development schemes or the higher education and research schemes defined by the municipalities, public institutions of intercommunal cooperation with clean taxation, metropolitan poles and departments.
      "The strategies for higher education and research pursued in a given territory by the local authorities hosting academic sites or research institutions and their groupings and multi-year settlement contracts are the subject of a single guidance document.
      "The State may allocate, for all the consolidated establishments, funds and jobs to the institutions responsible for territorial coordination, which distribute them among their members or institutions and associated organizations.


      “Section 2



      « Merger of establishments


      "Art. L. 718-6.- Institutions may request, by statutory deliberation of the board of directors taken by an absolute majority of the members in office, their merger in a new or already constituted public institution. The merger is approved by decree. It is compatible with the creation of a community of universities and institutions in the same geographic coherence of territorial interest.
      "When the merger includes at least one institution with expanded budgetary and human resources responsibilities and competencies as set out in sections L. 712-9, L. 712-10 and L. 954-1 to L. 954-3, the establishment resulting from the merger shall be accorded the same responsibilities and competencies as soon as the merger approval order comes into force.


      “Section 3



      "The community of universities and institutions


      "Art. L. 718-7.-The community of universities and institutions is a scientific, cultural and professional public institution to which chapters I, III and IV of Book VI of this Part apply, Chapter IX of this Title, Chapter I of Title II of this Book and Chapter I of Part IV, Title V, subject to the provisions of this Section.
      "The community of universities and institutions coordinates the policies of its members as provided for in Article L. 718-2.
      "Art. L. 718-8.-The names and statutes of a community of universities and institutions are adopted by each of the institutions and organizations that have decided to participate.
      "They provide for the skills that each institution transfers, with respect to it, to the community of universities and institutions and the competences of the bodies referred to in Article L. 718-9 that are not provided for in this section. They may also provide for conditions under which community components may be assimilated to members. Among its components, the community can include a higher school of faculty and education.
      "The community of universities and institutions is created by a decree that approves its statutes.
      "Once adopted, these statutes are amended by deliberation of the board of directors of the community of universities and institutions, after a favourable opinion of the board of members rendered by a two-thirds majority. These amendments are approved by decree.
      "Art. L. 718-9.-The community of universities and institutions is administered by a board of directors, which determines the policy of the institution, whose digital issues and resources, approves its budget and controls its execution. The board of directors is assisted by an academic council and a council of members.
      "Art. L. 718-10.-The president, elected by the board of directors, directs the establishment. The Board also elects a Vice-President on Digital Issues and Resources.
      "Art. L. 718-11.-The board of directors of the community of universities and institutions includes representatives of the following categories:
      « 1° Representatives of higher education institutions and member research organizations and, where the statutes provide, community components;
      « 2° Qualified personalities designated jointly by the members mentioned in 1°;
      « 3° Representatives of enterprises, local authorities, including at least one of each region concerned, public inter-communal cooperation institutions and associations;
      « 4° Representatives of professor-researchers, teachers and researchers in the community of universities and institutions or in member institutions, or both in the community of universities and institutions and one of the member institutions;
      « 5° Representatives of other staff who perform their duties in the community of universities and institutions or in member institutions, or both in the community of universities and institutions and one of the member institutions;
      « 6° User representatives who attend training in the community of universities and institutions or in a member institution.
      "The statutes of the community of universities and institutions may provide, in the event of an agreement of all the member institutions, that there are no members mentioned in the 1° in the board of directors. In this case, the board of the members referred to in Article L. 718-13 refers to the qualified personalities referred to in paragraph 2 of this Article.
      "When the statutes provide for the presence of members mentioned in the 1° board of directors, these members represent at least 10% of the board of directors.
      "The members mentioned in 2° and 3° represent at least 30% of the board members.
      "The members mentioned in 4° to 6° represent at least 50% of the members of the board of directors, of which at least half are representatives mentioned in 4°.
      "However, when members of the community of universities and institutions are more than ten, the proportion of their representatives mentioned in the 1st may reach 40%. The representation of the members mentioned in 2° to 6° is proportionally reduced by consequence.
      "The members mentioned in the 4th to 6th are elected by direct suffrage under conditions established by the statutes of the community. The terms and conditions of these elections are described in Article L. 719-1. When members of the community of universities and institutions are greater than ten, the representatives mentioned in the same 4th to 6th may be elected by indirect suffrage, under conditions established by the statutes of the community. In all cases, each list of candidates provides the representation of at least 75% of the community's member institutions.
      "Each list of candidates is alternately composed of a candidate of each sex.
      "Art. L. 718-12.-The academic council shall consist of at least 70% of the representatives of the categories referred to in 4° to 6° of Article L. 718-11, of which at least 60% of the representatives of the categories referred to in 4° of the same article. It also includes representatives of member institutions and organizations and components of the community of universities and institutions, and external personalities. Its composition, which is established by the statutes, must ensure a balanced representation of member institutions and organizations.
      "The academic council elects its president, whose term expires on the expiry of the term of office of the elected representatives of the academic council, in accordance with the terms set by the statutes.
      "The academic council shall, for the competencies transferred to the community of universities and institutions, exercise the advisory role provided for in Article L. 712-6-1. The Panel provides its opinion on the proposed shared project and contract, respectively, under articles L. 718-2 and L. 718-3.
      "Art. L. 718-13.-The Council of Members shall convene a representative of each member of the community of universities and institutions. The statutes of the community may provide for participation in this council of directors of the components of that community.
      "The Council of Members is associated with the preparation of the work and the implementation of the decisions of the Board of Directors and the Academic Council. It is consulted by the Board of Directors prior to the definition of the shared project under section L. 718-2, the signing of the multi-year contract referred to in section L. 718-5 and the adoption of the budget of the community of universities and institutions. The common part of the multi-year contract between the Minister for Higher Education and the community of universities and institutions is approved by a two-thirds majority of that council.
      "Art. L. 718-14.-Each institution and member organization shall, in accordance with its own rules and in accordance with the statutory provisions applicable to them, designate officers who are required to perform all or part of their duties within the community of universities and institutions.
      "These officers, who remain in a position of activity in their institution or organization, are placed, for the exercise of their activity within the community of universities and institutions, under the authority of the president of this community.
      "Art. L. 718-15.-In addition to the resources provided for in Article L. 719-4, the resources of the community of universities and institutions come from contributions of any kind made by members. The community of universities and institutions can directly collect the registration fees for the courses for which it is accredited.


      “Section 4



      “Conventions and Associations


      "Art. L. 718-16.-Public institutions of a scientific, cultural and professional nature may conclude cooperation agreements either between them or with other public or private institutions.
      "The shared project provided for in Article L. 718-2 carried by the public institution of a scientific, cultural and professional character and the institution(s) associated with it shall be mutually agreed by the institutions parties to that association. The statutes of the public institution of a scientific, cultural and professional character and of the institution(s) associated may provide for a designation for the consolidation carried out around this shared project.
      "A public or private institution or agency involved in the public service of higher education or research may be associated with one or more public institutions of a scientific, cultural and professional character, by decree, upon its request and on the proposal of the institution(s) to which the association is requested, after the advice of the National Council of Higher Education and Research. The decree provides for the skills shared between institutions that have entered into an association agreement. This agreement provides for the organization and exercise of shared competencies between these institutions. The Association Agreement defines the terms and conditions for approval by the institutions associated with the common part of the multi-year contract referred to in Article L. 718-5.
      "A public or private institution or agency involved in the public service of higher education or research may be integrated into a public institution of a scientific, cultural and professional character, under the conditions set out in the third paragraph of this article.
      "Private institutions or organizations cannot take the university title or issue the national diplomas of the association's scientific, cultural and professional public institution.
      "In the event of an association, institutions retain their moral personality and financial autonomy.
      "The academic council may be common to all institutions under convention. »

      Rule 63 Learn more about this article...


      The second sentence of the first paragraph of Article L. 719-9 of the same code is supplemented by the words: "control, in particular, on the human resources policy of institutions".

      Rule 64 Learn more about this article...


      Article L. 951-1-1 of the same code is supplemented by a paragraph as follows:
      "The social balances of the institutions are made public every year, under conditions established by decree. »

      Rule 65 Learn more about this article...


      I. ― Section 4 of Chapter IX of Title I of Book VII of Part III of the Code is repealed.
      II. ― At the first sentence of section L. 613-7 of the same code, the reference: "L. 719-10" is replaced by the reference: "L. 718-16".
      III. ― In the third paragraph of the 4th paragraph of section 261 and the 1st paragraph of section 1460 of the General Tax Code, the reference: "L. 719-10" is replaced by the reference: "L. 718-16".

      Rule 66 Learn more about this article...


      I. ― Chapter IV of Book III, Book III of the Research Code is amended to read:
      1° The title is thus written: "The foundations of scientific cooperation";
      2° Sections 1 and 2 are repealed;
      3° The division and title of section 3 are deleted;
      4° The first paragraph of Article L. 344-11 is supplemented by two sentences as follows:
      "A community of universities and institutions referred to in Article L. 711-2 of the Education Code can be a foundation for scientific cooperation alone. Other partners, in particular companies, local authorities and associations, can be associated with the foundation. » ;
      5° Section L. 344-13 is amended as follows:
      (a) The first sentence is replaced by two sentences as follows:
      "The foundation of scientific cooperation is administered by a board of directors composed of representatives of the founders. The statutes may provide that each founding member is represented there. » ;
      (b) In the second sentence, after the words: "and researchers", the words are inserted: "and others."
      II. ― In the first paragraph and in the second sentence of the last paragraph of Article L. 313-1 of the same code, the words: ", research and higher education centres and advanced research thematic networks" are deleted.
      III. ― Section L. 313-2 of the same code is amended as follows:
      1° In the first sentence of the first paragraph, the words "as well as, where appropriate, the higher research and teaching poles and the thematic networks of advanced research" are deleted;
      2° In the fourth paragraph, the words: "or, if applicable, the higher research and teaching centre or the advanced research thematic network" are deleted;
      3° In the fifth paragraph, the words: "or, if applicable, the research and higher education centre and the thematic network of advanced research" are deleted.

      Rule 67 Learn more about this article...


      I. ― In the first paragraph of Article L. 719-12 of the Education Code, the words "and public institutions of scientific cooperation" are deleted.
      II. ― Section L. 719-13 of the same code is amended as follows:
      1° In the first sentence of the first paragraph, the words: ", public institutions of a scientific and technological character and public institutions of scientific cooperation" are replaced by the words: "and public institutions of a scientific and technological character";
      2° After the second preambular paragraph, a sub-item reads as follows:
      "By derogation fromArticle 19-2 of Act No. 87-571 of 23 July 1987 referred to above, the partnership foundation can be created without a fixed duration. In this case, it is dissolved either by the finding, by the board of directors, that the resources of the foundation are exhausted, or by the amicable withdrawal of all founders under the conditions provided for in section 19-11 of the same Act. » ;
      3° The beginning of the penultimate paragraph is thus written: "The statutes of the partnership foundations can provide that the establishments... (the rest without change). »
      III. ― In article L. 762-3 of the same code, the words "as well as, if applicable, the higher research and teaching poles and the advanced research thematic networks" are deleted.

    • Chapter III: Private higher education institutions Rule 68 Learn more about this article...


      The education code is thus modified:
      1° Section L. 731-1 is amended as follows:
      (a) After the first preambular paragraph, a sub-item reads as follows:
      "The trainings of medicine, pharmacy, odontology and maïeutics and paramedical training are subject to the joint approval of ministers responsible for higher education and health, under the conditions laid down in Article L. 731-6-1. » ;
      (b) The second paragraph reads as follows:
      "In addition to the conditions set out in the first paragraph, for the teaching of medicine, pharmacy, odontology and maïeutics, it is necessary to justify the conditions required for the exercise of the professions of doctor or pharmacist or surgeon-dentist or midwife. For the teaching of paramedical training, it is necessary to justify the conditions required for the exercise of the paramedical professions concerned. » ;
      2° The last five paragraphs of Article L. 731-6 are deleted;
      3° After the article L. 731-6, an article L. 731-6-1 is inserted as follows:
      "Art. L. 731-6-1. - For medical, pharmacy, odontology and maïeutic training courses, the list of which is set by joint decree of ministers responsible for higher education and health, the statement referred to in article L. 731-4 must also include:
      « 1° An agreement between the institution providing these trainings and a public health institution or a private health institution participating in the public service, approved by the Minister for Health, to involve these institutions in the training provided;
      « 2° A convention between the institution dispensing these trainings and a university comprising a component providing medical, pharmacy, odontology or maïeutic education;
      « 3° A file proving that the training institution meets the educational procedures required by a joint decree of ministers responsible for higher education and health.
      "The terms and conditions of accreditation are specified by joint decree of ministers responsible for higher education and health. » ;
      4° At 2° of Article L. 731-9, the reference: "and L. 731-6" is replaced by the references: ", L. 731-6 and L. 731-6-1";
      5° In the first paragraph and in the first sentence of the third paragraph of Article L. 731-10, the reference: "or L. 731-6" is replaced by the references: ", L. 731-6 or L. 731-6-1".

      Rule 69 Learn more about this article...


      Article L. 731-5 of the same code is supplemented by a paragraph as follows:
      "Private higher education institutions must specify on their registration documents the trainings sanctioned by a diploma that is the subject of recognition by the State. »

      Rule 70 Learn more about this article...


      Title III of Book VII of Part III of the Code is amended as follows:
      1° The single chapter becomes a chapter I entitled "Opening of private higher education institutions" and is supplemented by an article L. 731-19 as follows:
      "Art. L. 731-19.-Private higher education institutions include in their advertisement a mention specifying their status and the nature of their relations with the State. » ;
      2° It is added a chapter II to read as follows:


      “Chapter II



      "Reports between the State and the institutions
      private to non-profit higher education


      "Art. L. 732-1.-Private, non-profit, private higher education institutions, assisting in public service missions of higher education as defined in chapter III of Book I of Part I, may, at their request, be recognized by the State as private higher education institutions of general interest, by order of the minister responsible for higher education, after the advice of the private higher education advisory committee.
      "Can only obtain the qualification of a private higher education institution of general interest that private, non-profit higher education institutions created by associations or foundations, recognized as public utility, or professional unions within the meaning ofArticle L. 2131-1 of the Labour Code.
      "An institution shall be qualified as a private higher education institution of general interest for the duration of the multi-year contract referred to in Article L. 732-2 of this Code. This qualification may, after a national assessment, be renewed by order of the Minister responsible for higher education, after the advice of the Advisory Committee on Private Higher Education.
      "A decree in the Council of State determines the conditions for the application of this article.
      "Art. L. 732-2.-The establishment having obtained the qualification of a private higher education institution of general interest under the conditions laid down in Article L. 732-1 of this Code concludes with the State a multi-year settlement contract. This contract sets out the conditions under which the institution carries out the duties of the public service of higher education, as part of a disinterested management within the meaning of d of 1° of 7 of Article 261 of the General Tax Code.
      "Art. L. 732-3.-It is established an Advisory Committee for Private Higher Education, placed with the Minister for Higher Education.
      "The purpose of this committee is to make any recommendation regarding the partnership between private higher education institutions and the state. It examines the training provided and their degree of participation in a public service mission. He makes proposals for the financial support of the State. It may, at the request of the Minister for Higher Education, be seized of any matter relating to private higher education. It may issue recommendations and proposals on any matter within its missions.
      "A decree sets the rules on the composition and functioning of the advisory committee for private higher education. »

      Rule 71 Learn more about this article...


      Article L. 731-14 of the same code is supplemented by a paragraph as follows:
      "It is punishable by the same penalty for the person in charge of an institution who gives diplomas with the name of master, or who gives diplomas with reference to the degree of master without being accredited or authorized by the State, in either case. »

      Rule 72 Learn more about this article...


      Section L. 471-3 of the same code is amended as follows:
      1° In the second sentence of the first paragraph, after the word "average" are inserted the words ", diplomas";
      2° The second paragraph is supplemented by a sentence as follows:
      "During this period, the rector must transmit to the services of competition, consumption and repression of fraud advertisements that appear to him to be in violation of Article L. 731-14. »

  • PART VI: THE PERSONNELS OF SUPERIOR INFORMATION AND RESEARCH Rule 73 Learn more about this article...


    After the article L. 952-2 of the Education Code, an article L. 952-2-1 is inserted as follows:
    "Art. L. 952-2-1. - The personnel referred to in section L. 952-1 participate in the public service of higher education as defined in section L. 123-3.
    " Their statutes allow them to carry out these missions simultaneously or successively. They promote their mobility between the different statutes of higher education staff and those of research, within the same higher education institution, between higher education institutions, with research organizations and foundations of the research sector, with public services of all kinds and between these services and institutions and companies, in France or abroad.
    "These statutes allow these staff, while continuing their work in higher education institutions, to collaborate, for a fixed and renewable period, with public or private laboratories, in order to develop specific applications.
    "These statutes may, in particular, allow adaptation to the regime of positions provided for in the general statute of the public service.
    "Public research or higher education institutions and the administration of departments responsible for research and higher education can benefit from the provision of staff from industrial and commercial public institutions or private organizations involved in the public research service. This provision is accompanied by the reimbursement by the State or the public institution of compensation, social expenses, professional fees and benefits in kind of interest and the adoption of a convention with their employers. »

    Rule 74 Learn more about this article...


    Within two years of the promulgation of this Act, the Government shall submit to Parliament a report proposing to improve the recruitment, training and career development of teachers and researchers. The report analyses the measures implemented or envisaged to enhance the transparency of the selection procedures of teachers and to combat the phenomenon of localism in their recruitment.

    Rule 75 Learn more about this article...


    Article L. 952-6-1 of the Education Code is amended as follows:
    1° The first paragraph is amended to read:
    (a) After the word "superior" are inserted the words: "and derogations provided by the specific statutes of the teachers-researchers or by the statutes of the institutions";
    (b) The words: " board of directors" are replaced by the words: "academic council or, for institutions that do not have it, the board of directors";
    2° The second paragraph is amended to read:
    (a) In the second sentence, the words "administrative board" are replaced by the words "academic council or, for institutions that do not have it, by the board of directors";
    (b) In the third sentence, the words: "and after scientific advice" are deleted;
    (c) After the third sentence, a sentence as follows:
    "The composition of the committee contributes to a balanced representation between women and men when the gender distribution of teachers of discipline permits. » ;
    (d) The fourth sentence is deleted;
    3° In the third paragraph, after the word "motivated", the words "academic council or, for institutions that do not have it" are inserted;
    4° In the last paragraph, the words "of a research and higher education centre" are replaced by the words: "groupings provided for in 2° of Article L. 718-3".

    Rule 76 Learn more about this article...


    The first sentence of the first paragraph of Article L. 952-7 of the same code is amended as follows:
    1° The words: "administration" are replaced by the word: "academics";
    2° The reference: "L. 712-4" is replaced by the reference: "L. 712-6-2".

    Rule 77 Learn more about this article...


    Article L. 952-24 of the same code is supplemented by a paragraph as follows:
    "Researchers in institutions and research organizations are considered to be teachers-researchers for the implementation of articles L. 952-6 and L. 952-6-1. »

    Rule 78 Learn more about this article...


    Article L. 412-1 of the search code is supplemented by six paragraphs as follows:
    "Competitions and Recruitment Procedures in Class Workplaces and Employment Frameworks As part of the general status of the public service, under the conditions established by the particular statutes of the bodies and employment frameworks concerned, in order to ensure recognition of the achievements of the professional experience resulting from the training in research and research when it was sanctioned by the grant of the doctorate.
    "The specific statutes of each body or employment framework provide the modalities for taking into account this professional experience for the classification made during the appointment or titularization within them, without distinguishing the contractual modalities of carrying out the research having been sanctioned by the collation of the degree of doctor.
    "The periods during which the holders of a doctoral degree referred to in Article L. 612-7 of the Education Code have benefited from a doctoral contract are assimilated to actual services to attend the internal access competition to the National School of Administration.
    "For the holders of a doctorate and within three years, the doctoral preparation period is assimilated to a period of professional activity to attend the third entrance examination at the National School of Administration. The second paragraph of section 1 of Act No. 90-8 of 2 January 1990 on the establishment of a third entrance examination at the National School of Administration does not apply for the consideration of this period.
    "The holders of a doctorate may make use of the doctor's title, by mentioning the specialty, in any job or professional circumstance that justifies it.
    "The holders of a doctorate in medicine, dental surgery or pharmacy radiated from the relevant professional order table cannot mention the doctor's title as part of their professional or associative activities. »

    Rule 79 Learn more about this article...


    The Government shall transmit annually to Parliament a report on measures to implement section 78 of this Act. This report identifies the categories of employment bodies and frameworks A falls under the general status of the public service whose particular statutes have been amended to allow holders of a doctorate to access it.

    Rule 80 Learn more about this article...


    In article L. 952-24 of the education code, after the word: "reference" are inserted the words: "or they do, as doctors, a full-time research activity".

    Rule 81 Learn more about this article...


    The second paragraph of Article L. 411-3 of the Research Code is supplemented by a sentence as follows:
    "The missions carried out within the framework provided for in sections L. 413-1 and following are integrated into the evaluation of the research staff during its reintegration into its original body. »

    Rule 82 Learn more about this article...


    The last paragraph of Article L. 411-4 of the same code is amended as follows:
    1° The words: "may be" are replaced by the word: "is";
    2° The words were added: "before January 1, 2016".

    Rule 83 Learn more about this article...


    Within six months of the promulgation of this Act, the Government shall submit to Parliament a report on the evolution of the statute of temporary attaché of teaching and research in order to study the possibility of creating two types of attaché: one intended for doctoral students at the end of the the thesis that aims to give them a first experience of teaching while allowing them to finish their thesis, the other intended for doctors waiting for their position to allow for their purpose.

    Rule 84 Learn more about this article...


    Chapter I of Book VII title I of Part 3 of the Education Code is supplemented by an article L. 711-11 as follows:
    "Art. L. 711-11.-Public institutions of a scientific, cultural and professional nature freely contract with foreign or international institutions, academia or not.
    "Every draft agreement is forwarded to the Minister for Higher Education and the Minister for Foreign Affairs.
    "If, on the expiration of one month from the date of receipt of the project, the Minister for Higher Education has not notified a total or partial opposition of either Minister, the proposed agreement may be concluded.
    "At its expiry, the agreement is subject to an evaluation communicated to the Minister for Higher Education and to the Minister for Foreign Affairs.
    "A decree specifies the procedure for the application of this article. »

    Rule 85 Learn more about this article...


    The Government shall submit to the relevant Standing Committees of the National Assembly and the Senate, no later than 30 June 2014, a report assessing the conditions for the alignment of the status of teachers in territorial art schools with that of teachers in national art schools and including an analysis of the implementation of their research activities.

    Rule 86 Learn more about this article...


    I. ― The first paragraph of Article L. 311-11 of the Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
    1° The first sentence is amended to read:
    (a) The word "six" is replaced by the word "Twelve";
    (b) The words: "from the perspective of his return to his country of origin" are deleted;
    (c) At the end, the words: "participating directly or indirectly to the economic development of France and the country of which it is a national" are replaced by the words: ", without limitation to a single job or employer";
    2° In the last sentence, the word "six" is replaced by the word "Twelve".
    II. ∙ The first paragraph of Article L. 313-4 of the same code is amended as follows:
    1° The words: ", for the foreigner requesting a temporary residence permit under Article L. 313-8," are deleted;
    2° The words "to the aforementioned temporary residence card" are replaced by the words "to the aforementioned temporary residence cards".

  • PART VII: RESEARCH PROVISIONS
    • Chapter I: General Research Organization Rule 87 Learn more about this article...


      Chapter III of Book I title I of the Research Code is supplemented by an article L. 113-4 as follows:
      "Art. L. 113-4.-The Parliamentary Office for the Assessment of Scientific and Technological Choices, delegation referred to inArticle 6 ter of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies, conducts every three years an analysis of the effectiveness of the public, budgetary or fiscal expenditure granted by the State in research conducted in the private sector, including partnership research involving public and private structures. The results of this study are reported to the Government and the relevant standing committees of the National Assembly and the Senate. »

      Rule 88 Learn more about this article...


      After the word "scientific", the end of the second paragraph of Article L. 114-1 of the same code is thus written: "and actions for public participation in prospecting, data collection and progress of scientific knowledge are taken into account. »

      Rule 89 Learn more about this article...


      The title of chapter IV, section 2, of Book I, title I, of the same code is as follows: "The High Council for the Evaluation of Research and Higher Education".

      Rule 90 Learn more about this article...


      Article L. 114-3-1 of the same code is as follows:
      "Art. L. 114-3-1.-The High Council for the Evaluation of Research and Higher Education is an independent administrative authority.
      "For the exercise of its missions, the High Council draws inspiration from international best practices. It is based on its action, with respect to the evaluation criteria, on the principles of objectivity, transparency and equal treatment between the structures examined and, with regard to the choice of persons responsible for the evaluation, on the principles of scientific expertise at the best international level, neutrality and balance in the representation of themes and opinions. It ensures the prevention of conflicts of interest in the establishment of expert committees to conduct evaluations. It can conduct evaluations directly or ensure the quality of evaluations conducted by other authorities by validating the procedures used. It provides the structures and facilities that it directly assesses to provide, upon request, comments throughout and after the evaluation procedure.
      "He is in charge:
      « 1° To assess higher education institutions and their groupings, as defined in Article L. 718-3 of the Education Code, research organizations, scientific cooperation foundations and the National Research Agency or, where appropriate, to ensure the quality of assessments conducted by other bodies;
      « 2° Evaluate the research units at the request of the institution to which they report, in the absence of validation of the evaluation procedures or in the absence of a decision of the establishment under which these units are responsible to resort to another proceeding or, where appropriate, to validate the procedures for the evaluation of research units by other authorities.
      "When a unit is located in several establishments, it is only one evaluation. When the institutions jointly decide to use another proceeding, the High Council validates the evaluation procedures implemented by that proceeding. In the absence of a joint decision by institutions to use another proceeding or in the absence of validation of evaluation procedures, the High Council assesses the research unit;
      « 3° To assess the training and diplomas of higher education institutions or, where appropriate, to validate the evaluation procedures carried out by other bodies.
      "When these trainings are subject to an application for accreditation under section L. 613-1 of the Education Code, the evaluation is pre-accredited or renewed. The High Council ensures that the training is in conformity with the national training framework and the effective participation of students in the evaluation of teachings;
      « 4° To ensure that, in the evaluations of the staff of higher education and research, all of the missions assigned to them by law and their specific statutes. The missions carried out within the framework of the provisions set out in chapter III of title I of Book IV of this Code are integrated into this evaluation;
      « 5° To ensure the valorization of activities for the dissemination of scientific, technical and industrial culture in the careers of staff of higher education and research;
      « 6° Evaluate ex post facto investment programs and private law structures receiving public funds for research or higher education.
      "It may also participate, in the framework of European or international cooperation programmes or at the request of the competent authorities, in the evaluation of foreign or international research and higher education bodies.
      "The decree in the Council of State referred to in Article L. 114-3-6 determines the rules of confidentiality and advertising of the evaluations of the research units. »

      Rule 91 Learn more about this article...


      Within two years after the publication of the decree mentioned at theArticle L. 114-3-6 of the Research Code, the High Council for the Evaluation of Research and Higher Education transmits to Parliament a report on its operation. This report should include a description of the methodologies used and the balance between the High Council's direct assessment missions and the validation of evaluations conducted by other bodies.

      Rule 92 Learn more about this article...


      Article L. 114-3-3 of the search code is as follows:
      "Art. L. 114-3-3.-I. ― The High Council is administered by a council that guarantees the quality of its work.
      “II. ― The Board sets out the High Council's annual evaluation program. It defines measures to ensure the quality, transparency and advertising of evaluation procedures.
      "His president, appointed among his members, directs the High Council and has authority over his staff.
      "The council is composed of thirty members appointed by decree. It includes as many men as women. To this end, the decree in the Council of State provided for in Article L. 114-3-6 specifies the number and distribution by sex of candidates proposed by each of the competent authorities and associations.
      "The board includes:
      « 1° Nine members with the capacity of researcher, engineer or teacher-researcher, appointed on the proposal of the competent assessment bodies for higher education and research among their elected members, including at least three on the proposal of the national proceeding referred to in Article L. 952-6 of the Education Code and at least three on the proposal of the evaluation bodies referred to in Article L. 321-2 of this Code;
      « 2° Eight members with the quality of researcher, engineer or teacher-researcher, including three on the proposal of the presidents or directors of research organizations and three on the proposal of the conferences of the heads of institutions referred to in Article L. 233-1 of the Education Code;
      « 3° Two members representing the students, on the proposal of student associations according to the number of votes obtained by these associations during the election of student representatives to the National Council of Higher Education and Research;
      « 4° Nine qualified, French and foreign personalities, including at least three from the private research sector and three from foreign accreditation or evaluation agencies;
      « 5° A member and a senator appointed by the competent permanent commission in the field of higher education and research of each assembly. »

      Rule 93 Learn more about this article...


      I. ― At the beginning of the first paragraph of article L. 114-3-2 and at the beginning of the first sentence of articles L. 114-3-5 and L. 114-3-7 of the same code, the words "The Evaluation Agency" are replaced by the words "The High Evaluation Council".
      II. ― In the second paragraph of Article L. 114-3-2 of the same code, the words "at the agency" are replaced by the words "at the High Council".
      III. ― Section L. 114-3-4 of the same code is repealed.
      IV. ― At the first sentence and at the beginning of the second sentence of article L. 114-3-5 of the same code, the word "it" is replaced by the word "it".
      V. ― In section L. 114-3-6 of the same code, the words "of the Evaluation Agency" are replaced by the words "of the High Evaluation Council".
      VI. ― At the end of the second sentence of Article L. 114-3-7 of the same code, the words "and to the High Council for Science and Technology" are deleted.
      VII. ― In the second paragraph of section L. 311-2 of the same code, the words: "The Evaluation Agency" are replaced by the words: "the High Evaluation Council".

      Rule 94 Learn more about this article...


      I. ― In the second sentence of Article L. 611-6 of the Education Code, the words "the agency mentioned" are replaced by the words "the High Council mentioned".
      II. ― Section L. 711-1 of the same code is amended as follows:
      1° The fifth preambular paragraph is deleted;
      2° The sixth preambular paragraph is amended to read:
      (a) After the words: " search code "the end of the third sentence is deleted;
      (b) In the last sentence, the words: "at the Research and Higher Education Evaluation Agency mentioned" are replaced by the words: "at the High Council for the Evaluation of Research and Higher Education referred to";
      3° The seventh preambular paragraph is supplemented by a sentence as follows:
      "They make public the measures concerning the management of their human resources. » ;
      4° In the last paragraph, the words "the Evaluation Agency" are replaced by the words "the High Evaluation Council".
      III. ― Article L. 711-4 of the same code is amended as follows:
      1° In the first paragraph, the references: "L. 712-3, L. 712-5 to" are replaced by the reference: "L. 712-6-1,"
      2° The third paragraph is amended to read:
      (a) In the first sentence, the words: "the Research and Higher Education Evaluation Agency mentioned" are replaced by the words: "the High Council for the Evaluation of Research and Higher Education mentioned";
      (b) In the second sentence, the words "The agency" are replaced by the words "The High Council" and the word "it" is replaced by the word "it";
      3° In the last paragraph, the words: "The Research and Higher Education Evaluation Agency mentioned" are replaced by the words: "the High Council for the Evaluation of Research and Higher Education referred to", the words: "the latter" are replaced by the words: "the latter" and the word: "it" is replaced by the word "he".

      Rule 95 Learn more about this article...


      At the beginning of Title II of Book I of the Research Code, a preliminary chapter is re-established as follows:


      “Preliminary Chapter



      “The Strategic Research Council


      "Art. L. 120-1.-It is created a Strategic Research Council with the Prime Minister and comprising as many women as men.
      "The Strategic Research Council proposes the broad directions of the national research strategy defined in Article L. 111-6 and participates in the evaluation of their implementation.
      "The Strategic Council is chaired by the Prime Minister or, by delegation, by the Minister for Research.
      "He includes a member and a senator appointed by the Parliamentary Office for the Assessment of Scientific and Technological Choices, a delegation referred to in theArticle 6 ter of Order No. 58-1100 of 17 November 1958 on the functioning of parliamentary assemblies.
      "He includes a representative from the regions.
      "A decree specifies the composition and missions, organization and operation of the Strategic Research Council. »

      Rule 96 Learn more about this article...


      Chapter I of Book III title I of the same code is amended as follows:
      1° Article L. 311-1 is supplemented by a paragraph as follows:
      "The leaders of public institutions of a scientific and technological character and the Director General of the National Research Agency are chosen after a public call for applications and the examination of these applications by a commission whose composition and functioning are determined by the statutes of the institution and whose members are appointed by the guardianship ministers. » ;
      2° An article L. 311-5 is added as follows:
      "Art. L. 311-5.-In the absence of any specific provisions under the regulations governing the establishment or its personnel, the age limit of the chairpersons, directors and persons who, regardless of their title, perform the function of the head of establishment of public research institutions is set at sixty-eight years. »

    • Chapter II: Exercise of Transfer Activities for Economic Value Creation Rule 97 Learn more about this article...


      Article L. 329-7 of the search code is as follows:
      "Art. L. 329-7.-I. ― State officials and public officials invested in a research mission, authors, within the framework of research financed by State and territorial authorities or by grants from national funding agencies, an invention under the conditions provided for in the 1 of Article L. 611-7 of the Intellectual Property Code immediately report it to the employer public person to whom they report.
      “II. ― When they are likely to be economic development, these inventions give rise to a deposit for the acquisition of an industrial property title as defined in sections L. 611-1 and L. 611-2 of the same code.
      "III. ― Public persons employers of the personnel referred to in I value the invention subject to the title of industrial property acquired under the II, under the conditions provided by the Intellectual Property Code, with companies that provide for the exploitation of the invention at least in part in the form of industrial production or the creation of services, preferably in the territory of the European Union and, among these companies, preferably among small and medium-sized enterprises and industries and intermediate-sized enterprises.
      "IV. ― Public persons invested in a research mission other than the State mentioned in I inform their guardianship ministry of acquired industrial property titles and the conditions of their exploitation under the II and III.
      "V. ― In order to simplify and accelerate the transfer of an industrial property title acquired under the II, in the event of a public co-ownership found at the filing of the invention, a single agent for the management, operation and negotiation of the title is designated by the applicants prior to publication. A decree sets out the missions and the method of appointing the agent.
      "VI. ― Unless legitimate apologies, after five years from the date of the non-exploitation transfer by the enterprise of the invention subject to an industrial property title acquired under the II, the assignment is null and the title ownership is entirely to the public person who has assigned it. The restitutions and compensations are settled by the Civil code. »

      Rule 98 Learn more about this article...


      Article L. 342-2 of the same code is supplemented by a paragraph as follows:
      "Industrial technical centres operate in a network and are required to communicate to the coordinating body of the centres, with the agreement of the companies involved in a request for research and innovation, information that could contribute to the involvement of all the network centres. As such, they ensure that the business secrets they know are not disclosed, except in cases where the law otherwise provides. »

  • PART VIII: OTHER, TRANSITIONAL AND FINAL PROVISIONS
    • Chapter I: Miscellaneous provisions Rule 99 Learn more about this article...


      Section 83 of Act No. 2013-595 of 8 July 2013 on orientation and programming for the refoundation of the school of the Republic is amended as follows:
      1° In the second sentence of the fifth preambular paragraph, the words "or public scientific cooperation institution" are deleted;
      2° In the last paragraph, the words "or public scientific cooperation establishment" are deleted.

      Rule 100 Learn more about this article...


      Article L. 721-1 of the Education Code is amended as follows:
      1° At the end of the first paragraph, the words: "in a public institution of a scientific, cultural and professional character, or in a public institution of scientific cooperation" are replaced by the words: "in a public institution of a scientific, cultural and professional character";
      2° At the penultimate paragraph, the words "or public scientific cooperation institution" are deleted.

      Rule 101 Learn more about this article...


      In the third sentence of II and in the first and second sentences of the second paragraph and in the last paragraph of the third paragraph of Article L. 721-3 of the same code, the words "or public scientific cooperation institution" are deleted.

      Rule 102 Learn more about this article...


      After the first paragraph of Article L. 831-1 of the same code, it is inserted a paragraph as follows:
      "They follow the immunization of students. »

      Rule 103 Learn more about this article...


      The beginning of the second paragraph of article L. 831-1 is as follows:
      "The establishments to which they are attached conclude a convention with the agency referred to in theArticle L. 1431-1 of the Public Health Code to contribute to implementation... (the rest without change). »

      Rule 104 Learn more about this article...


      Section L. 135 D of the Tax Procedures Book is amended as follows:
      1° In the first sentence of II, the words: "for scientific research needs, or" are deleted;
      2° It is added a III as follows:
      "III. ― The access of third parties, for scientific research purposes, to information collected in connection with the collection, monitoring, collection or litigation of taxes, fees, taxes and royalties provided for in General Tax Code may be authorized by decision of the Minister responsible for the budget, after favourable opinion of the Statistical Secret Committee established by theArticle 6 bis of Act No. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics.
      "The opinion of the Statistical Secret Committee is rendered, after consultation with the authorities that collected the data concerned by the access request, taking into account:
      « 1° Issues related to the protection of privacy, protection of business secrecy and respect for professional secrecy articles 226-13 and 226-14 of the Criminal Code ;
      « 2° The nature and purpose of the work for which the request for access is formulated;
      « 3° The quality of the person who requests access to the data, the quality of the research organization to which it is attached, and the guarantees it presents;
      « 4° Availability of the requested data.
      "Access to information is made under conditions that preserve data privacy.
      "Working from the exploitation of this data cannot, in any case, mention the persons to whom they relate or allow their identification. »

      Rule 105 Learn more about this article...


      Article L. 811-3 of the Education Code is supplemented by a paragraph to read:
      "These studies and information are the subject of an annual report to Parliament, including recommendations to address social inequalities identified. »

      Rule 106 Learn more about this article...


      Article L. 822-1 of the same code is amended as follows:
      1° The first paragraph is as follows:
      "The network of academic works contributes to ensuring students a quality of welcome and life that is conducive to the success of their training courses. It provides a social assistance mission and contributes to the information and education of health students. It promotes their mobility. » ;
      2° After the first paragraph, two sub-items are inserted:
      "It also contributes to improving the living and working conditions of all members of the academic community as defined in Article L. 111-5.
      "The elections of student representatives to the boards of the National Centre and the regional centres of academic works are held by the list vote. Each list of applications must be alternately composed of a candidate of each sex. The designation of staff representatives to the boards of the national centre and the regional centres of the network of works is carried out, respectively, by the minister responsible for higher education and the rector of academy on the proposal of representative trade union organizations, which ensure equal participation between women and men. » ;
      3° The fifth preambular paragraph is replaced by two sub-items:
      "The property belonging to the State or to a public institution and assigned to the housing of the students may be transferred by order of the representative of the State to the territorial authorities or to the public institutions of intercommunal cooperation with clean taxation that have asked to assume the charge of the construction, reconstruction, extension, large repairs and equipment of these premises. This transfer is made free of charge and does not result in any compensation, fee, fee, salary or fee. The transferred premises remain assigned to the student housing under the same conditions. The management of these dwellings is ensured by the regional centre of territorially competent academic and academic works, within the framework of a convention between it, on the one hand, and the territorial community or the public institution of intercommunal cooperation with taxation of the transfer itself, on the other.
      "Previously at the decision of the representative of the State, a convention concluded between the State and the community or the public institution of inter-communal cooperation with clean taxation having asked to benefit from the transfer of property is a diagnosis of the state of housing and determines the respective obligations of the signatories. » ;
      4° In the second sentence of the seventh paragraph, the word "fourth" is replaced by the word "sixth";
      5° At the beginning of the penultimate paragraph, the words: "Communities" are replaced by the words: "Territorial Authorities";
      6° It is added a paragraph to read:
      "A decree in the Council of State sets out the modalities of transfers mentioned in this article. In particular, it specifies the criteria for the allocation of housing for students. »

      Rule 107 Learn more about this article...


      In the first sentence of the first paragraph of Article L. 821-1 of the same code, the words: "specialist organizations" are replaced by the words: "the network of academic works referred to in Article L. 822-1".

      Rule 108 Learn more about this article...


      The transfer of jurisdiction provided for in Article 19 comes into force on 1 January 2014, subject to the inclusion in the finance law of the provisions relating to the transfer to the regions of the credits previously granted by the State to legal persons of private law or public law under the operations implemented by regional actors of scientific, technical and industrial culture. These credits are calculated on the basis of the updated average of the credits allocated in the three years preceding the transfer.

      Rule 109 Learn more about this article...


      In the second paragraph of Article L. 311-8 of the Code of Entry and Residence of Aliens and the Right of Asylum, after the words: "Temporary Worker" are inserted the words: ", "scientific-researcher".

      Rule 110 Learn more about this article...


      I. ― The National Academy of Medicine is a legal entity of public law with special status, under the protection of the President of the Republic.
      Its mission is to respond, on a non-profit basis, to the requests of the Government on any issue of public health and to take care of all objects of study and research that can contribute to the progress of the art of healing.
      Its members are elected by their peers. All functions are elective.
      II. ― The National Academy of Medicine is administered freely. Its decisions come into force without prior authorization. It enjoys financial autonomy under the sole control of the Court of Auditors.
      The administration of the Academy is provided by a perpetual secretary, an office and a board of directors.
      The Academy can receive donations and bequests.
      III. ― 2° of Article 3 of Order No. 2005-649 of 6 June 2005 relating to the markets passed by certain public or private individuals not subject to the public procurement code, after the words: "in fine arts" are inserted the words: ", the National Academy of Medicine".
      IV. ― The statutes of the National Academy of Medicine are approved by decree in the Council of State.

      Rule 111 Learn more about this article...


      Article L. 328-1 of the Research Code is supplemented by the words: "placed under the protection of the President of the Republic".

      Article 112 Learn more about this article...


      They have to d and g 4° of Article 7 of Order No. 2004-545 of 11 June 2004 relating to the legislative portion of the search code are repealed.

      Article 113 Learn more about this article...


      Section 42 of Act No. 2009-972 of 3 August 2009 on mobility and career paths in the public service is supplemented by V and VI as follows:
      "V. ― Within the limits of the number of jobs resulting from the assignment referred to in I of this article, internal recruitment examinations in the bodies governed by the Decree No. 85-1534 of 31 December 1985 establishing the statutory provisions applicable to engineers and technical and administrative personnel of research and training of the department responsible for higher education may be organized within the institution. The winners of these contests are, as a derogatory, assigned to the institution.
      "VI. ― Employees assigned to the institution may benefit from the interest agreement entered into pursuant to the provisions of Title I of Book III of Part III of the Labour Code relating to Interest.
      "The conditions under which these officers benefit from interest are set by the board of directors of the establishment. »

      Article 114 Learn more about this article...


      In the case that Supélec agents would be transferred, as part of theArticle L. 1224-3 of the Labour Code, to a public institution resulting from the merger of the Central School of Paris and the Association Supélec, the services carried out under the previous contracts concluded with Supélec are assimilated to public services for the calculation of the services required to present themselves to the internal competitions of the bodies of state officials as well as for the classification in one of these bodies.

      Rule 115 Learn more about this article...


      As part of the merger project between the Central School of Arts and Manufactures and the Higher School of Electricity to create a new public institution of a scientific, cultural and professional character, employees from the Higher School of Electricity may retain their private law contract or opt for its transformation into a public law contract, in accordance with theArticle L. 1224-3 of the Labour Code. This right of option may be exercised for a period of fifteen years from the date of the establishment of the new institution.
      In the new establishment, private contractual personnel are represented, in the same way as public law personnel, by the technical committee, the hygiene, security and working conditions committee and the establishment's parity advisory board. Books I and III of the second part of the Labour Code do not apply.

    • Chapter II: Transitional and final provisions Article 116 Learn more about this article...


      I. ― The Board of Directors of the University in office on the date of publication of this Act shall, within one year, pass by statutory deliberation, statutes in accordance with the provisions of this Act and, in particular, the composition of the new Board of Directors and the Academic Council.
      II. ∙ The board of directors, academic board and university chair shall be designated in accordance with this Act upon the expiry of the term of office of the elected representatives of the members of the board of directors in office on the date of publication of this Act.
      However, in the event that the president of the university ceases to serve, for any reason, the term of office of the members of the board of directors, the scientific council and the board of studies and academic life and a board of directors, an academic council and a president shall be designated under the conditions provided for in this Act, if the statutes of the institution have been amended in accordance with I. Otherwise, a provisional administrator appointed by the rector of the Academy, Chancellor of the Universities, chairs the board of directors. In particular, it is responsible for ensuring compliance with the university's statutes under the conditions set out in I. When these statutes are adopted by the board of directors, the first sentence of this paragraph shall be taken.
      III. ― As of the publication of this Act, the research committee of the academic council shall be members of the scientific council and the commission of the formation and academic life of the same council shall be members of the board of studies and academic life. The scientific council exercises the competence of the research commission and the council of studies and academic life those of the commission of training and academic life. The members of the two councils sit together to exercise the competence of the academic council in plenary training. The competent section of the academic council provided for in the IV of Article L. 712-6-1 of the Code of Education is composed of teachers-researchers and personnel assimilated elected members of the scientific council and the board of studies and academic life.
      Until the establishment of the academic council under the conditions set out in this Act, the president of the university presides over the research commission, the board of training and academic life and the academic council in plenary formation.
      Disciplinary sections of the Board of Directors shall remain in office until the term of office of the members of the Board of Directors in office on the date of publication of this Act. The board of directors shall be competent to renew them until the appointment of members of the academic board in accordance with sections L. 712-4, L. 712-5 and L. 712-6 of the Code of Education, in their writing resulting from this Act.

      Article 117 Learn more about this article...


      I. ― Public institutions of scientific cooperation established in accordance withArticle L. 344-4 of the Research Code, in its writing prior to the publication of this Act, become communities of universities and institutions on the date of publication of this Act.
      The board of directors of the public scientific cooperation institution in exercise on the date of publication of this Act shall, within one year from the same date, adopt the new statutes of the institution to bring them into conformity with sections L. 718-7 to L. 718-15 of the education code, in their drafting resulting from this Act. The president of the public scientific cooperation institution in office on the date of publication of this Act shall be held in office until the election of the president of the community of universities and institutions under the conditions laid down in Article L. 718-10 of the same Code, in his writing resulting from this Act. Members of the board of directors of the public scientific cooperation institution in exercise on the date of publication of this Act continue to serve until the appointment of members of the board of directors of the community of universities and institutions in accordance with its new statutes.
      The new board of directors, the president and the academic board shall be designated in accordance with the provisions of this Act within one year of the approval of the new statutes of the community of universities and institutions.
      Assets, rights and obligations, including staff contracts, of the public scientific cooperation institution are transferred to the community of universities and institutions from the date of publication of the decree approving the amendment of the statutes. Students enrolled in the public scientific cooperation institution are enrolled in the community of universities and institutions from that same date. The community of universities and institutions delivers national degrees to these students at the end of their studies.
      II. ― However, public institutions of scientific cooperation Agreenium, Condorcet and ParisTech remain governed, for five years from the publication of this Act, by section 2 of chapter IV of Book III of the Research Code, in its writing prior to the publication of this Act.

      Article 118 Learn more about this article...


      The decrees made for the application of the second paragraph of Article L. 719-10 of the Education Code, in its drafting prior to the publication of this Act, are amended within two years from the same publication to mention the competencies shared between the attachment institution and the institutions connected in accordance with Article L. 718-16 of the same Code.

      Rule 119 Learn more about this article...


      Assets, rights and obligations, including contracts of staff, of the Research and Higher Education Evaluation Agency are transferred to the High Council for the Evaluation of Research and Higher Education from the date of publication of the decree in the State Council provided for in the High CouncilArticle L. 114-3-6 of the Research Codein its drafting resulting from this Act.

      Rule 120 Learn more about this article...


      The 3rd I of section 33 of this Act is implemented within two years of the publication of this Act.

      Rule 121 Learn more about this article...


      For the first accreditation provided for in Article L. 613-1 of the Education Code, in its drafting resulting from this Act, when the term of the contract between the State and the remaining public higher education institution is less than one year, the institutions are accredited until the end of the following contract.

      Article 122 Learn more about this article...


      The terms and conditions for the examination of individual issues relating to the recruitment, assignment and career of teachers-researchers and teachers under section IV of section L. 712-6-1 and section L. 952-6-1 of the Code of Education, in their drafting as a result of this Act, are applicable as of the coming into force of the amendments to the regulations governing the different categories of teachers-researchers and teachers required by this Act.

      Article 123 Learn more about this article...


      At the penultimate paragraph of section 6 of Act No. 2008-596 of 25 June 2008 on the modernization of the labour market, the word "five" is replaced by the word "six".

      Rule 124 Learn more about this article...


      I. ― Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to amend by order the search code to:
      1° To adapt the code, in constant law, to create a new book on the valorization and transfer of research to the economic world, recognized associations and foundations of public utility;
      2° Address possible codification errors;
      3° To repeal the provisions that have become irrelevant;
      4° Expand, if necessary with necessary modifications, the application of the provisions of search code in New Caledonia, French Polynesia, the Wallis and Futuna Islands and the French Southern and Antarctic Lands, as well as allowing the necessary modifications to the application of these provisions to Mayotte, Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon.
      II. - Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to amend by order the legislative part of the education code in order to:
      1° To adapt the code, in particular, to introduce provisions relating to Maieutic studies and to amend those relating to specialized higher education institutions;
      2° Address possible codification errors;
      3° To repeal the provisions that have become irrelevant;
      4° To extend, if necessary with the necessary modifications, the application of these provisions of the education code in Mayotte, New Caledonia, French Polynesia and the Wallis and Futuna Islands.
      III. – Orders in I and II must be made within one year of the promulgation of this Act.
      For each order, a bill of ratification is tabled before Parliament within six months of the issuance of the order.

      Rule 125 Learn more about this article...


      I. ― Chapter I of Title I, Title II and Title III of this Act, with the exception of section 33, Article 38 VI and Article 39, apply in the Wallis and Futuna Islands.
      Chapter I of Title I, Title II and Title III of this Act, with the exception of Article 38 VI and Article 39, apply in French Polynesia and New Caledonia.
      II. ― Sections L. 681-1, L. 683-1 and L. 684-1 of the Education Code, after the reference: "L. 611-5," is inserted the reference: "L. 611-8."
      III. ― Article L. 631-1 of the Education Code, in its drafting Act No. 2009-833 of 7 July 2009 creating a first year of joint health studies and facilitating student reorientation is applicable in the Wallis and Futuna Islands.

      Rule 126 Learn more about this article...


      Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make by order, within eighteen months of the promulgation of this Act, the necessary legislative measures to extend and adapt to New Caledonia, French Polynesia and the Wallis and Futuna Islands the provisions of this Act, other than those mentioned in the provisions of Article 125 and Act No. 2009-879 of 21 July 2009 reforming the hospital and relating to patients, health and territories amending the education code.
      Ratification bills are tabled before Parliament no later than six months after the issuance of the Orders.

      Article 127 Learn more about this article...


      I. ― Title V of this Act is not applicable to Mayotte.
      II. ― Under the conditions provided for in article 38 of the Constitution, the Government is authorized to make by order, within eighteen months of the promulgation of this Act, the necessary legislative measures to extend and, where appropriate, adapt to Mayotte the provisions of this Act, including its title V.
      The ratification bill is tabled before Parliament no later than six months after the issuance of this order.

      Rule 128 Learn more about this article...


      Under the conditions set out in section 38 of the Constitution, the Government is authorized to make by order, within one year of the promulgation of this Act, legislative measures amending the single chapter of title VIII of Book VII of Part III of the Education Code relating to the provisions applicable to the University of the Antilles and Guyana to adapt title V to this Act.
      The ratification bill is filed no later than six months after the issuance of the order.
      Title V of this Act is applicable to the University of the Antilles and Guyana no later than the first day of the twelfth month following its publication in the Official Gazette.

      Rule 129 Learn more about this article...


      I. ―Order No. 2008-1305 of 11 December 2008 amending legislative part of the research code is ratified.
      II. ― At the first sentence of Article L. 114-5 of the Research Code, the reference: "L. 321-5" is replaced by the reference: "L. 313-1".
      This law will be enforced as a law of the State.


Done on 22 July 2013.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

Minister of Higher Education

and research,

Geneviève Fioraso

(1) Preparatory work: Act No. 2013-660. National Assembly: Bill No. 835; Report of Mr. Vincent Feltesse, on behalf of the Cultural Affairs Committee, No. 1042; Opinion of Mr. Christophe Borgel, on behalf of the Committee on Economic Affairs, No. 969; Opinion of Mr. Olivier Véran, on behalf of the Social Affairs Committee, No. 983; Information report of Mr. Sébastien Denaja, on behalf of the delegation to the rights of women, No. 1007; Discussion on 22, 23 and 24 May 2013 and adoption, after an accelerated procedure, on 28 May 2013 (TA No. 142). Senate: Bill, passed by the National Assembly, No. 614 (2012-2013); Report of Ms. Dominique Gillot, on behalf of the Committee on Culture, No. 659 (2012-2013); Opinion of Ms. Valérie Létard, on behalf of the Committee on Economic Affairs, No. 663 (2012-2013) Information report by Ms. Françoise Laborde, on behalf of the delegation to the rights of women, No. 655 (2012-2013) Text of Commission No. 660 (2012-2013); Discussion on 19, 20 and 21 June 2013 and adoption on 21 June 2013 (TA n° 170, 2012-2013). Senate: Report of Ms. Dominique Gillot on behalf of the Joint Parity Commission, No. 694 (2012-2013); Text of Commission No. 695 (2012-2013); Discussion and adoption on 3 July 2013 (TA No. 185, 2012-2013). National Assembly: Bill, amended by the Senate, No. 1170; Report of Mr. Vincent Feltesse, on behalf of the joint parity commission, No. 1208; Discussion and adoption on 9 July 2013 (TA No. 180).
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