Key Benefits:
Publics concerned: users and staff of the University of the Antilles and Guyana.
Subject: constitution of the university center of Guyana of the University of the Antilles and of Guyana in full-service university on the basis of theArticle L. 711-4 of the Education Code effective January 1, 2015.
Entry into force: the text comes into force on the day after its publication, with the exception of the provisions for which a deferred entry into force on January 1, 2015 is specified.
Notice: The University of Guyana remains administered by a board of directors and an academic council and led by a president. TheArticle L. 711-4 of the Education Code allows to experiment with a mode of governance adapted to Guyana in particular with regard to the composition of the councils and the presidency of the academic council.
The transitional provisions provide for the constitution of the governing bodies of the University of Guyana. The property, rights and obligations assigned to the Guyane University Pole of the University of the Antilles and Guyana are transferred to the University of Guyana as of January 1, 2015. Until that date, the Guyane University Pole is administered in the legislative and statutory framework for the University of the Antilles and Guyana.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr/).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu le education codeincluding articles L. 711-4, L. 719-6, D. 711-1 and D. 719-4;
Vu le Decree No. 82-590 of 2 July 1982 transforming into a university of the University Centre of the Antilles-Guyane;
Vu le Decree No. 2011-184 of 15 February 2011 amended on technical committees in the state administrations and public institutions;
Considering the referral of the regional council of Guadeloupe dated 12 June 2014;
Considering the opinion of the Guyane Regional Council of 24 June 2014;
Considering the referral of the Martinique Regional Council dated 12 June 2014;
Considering the referral of the general council of Guadeloupe dated 12 June 2014;
Considering the referral of the General Council of Guyana dated 12 June 2014;
Considering the referral of Martinique's General Council dated 12 June 2014;
Considering the advice of the Technical Committee of the University of the Antilles and Guyana of 26 June 2014;
Considering the advice of the Advisory Board of the Guyanese Pole of the University of the West Indies and Guyana of 16 and 30 June 2014;
Considering the opinion of the National Council for Higher Education and Research of 30 June 2014,
Decrete:
The University of Guyana is a scientific, cultural and professional public institution, subject to the provisions of the education code and texts taken for its application subject to exemptions made under Article L. 711-4 of the same code. His seat is fixed in Cayenne.
The board of directors shall comprise twenty-eight members as follows:
1° Fourteen elected representatives:
(a) Three representatives of university professors or similar staff within the meaning of College A of I of Article D. 719-4 of the Education Codeexcept for the personnel referred to in (b) of this section;
(b) A representative of the level researchers of the research directors of the scientific and technological public institutions, or of any other public institution or recognized public utility of research, researchers performing similar functions, and contract agents mentioned at the 5th of College A of I of the aforementioned Article D. 719-4 that perform similar functions;
(c) Three representatives of lecturers or assimilated personnel who do not belong to the College a, scholarly staff of the libraries, and, when performing similar functions, contract agents mentioned in 6th of College B of I of Article D. 719-4 above, with the exception of the personnel referred to in this section;
(d) A representative of researchers from scientific and technological public institutions or from any other public or recognized public research institutions, as well as contractual agents who perform research functions and do not fall within the scope of this article;
(e) Two representatives of other staff performing teaching or teaching and research functions;
(f) Two representatives of the engineering, administrative, technical and library staff, in operation at the facility;
(g) Two representatives of students and people receiving ongoing training enrolled in the institution;
2° Fourteen personalities outside the institution, of French or foreign nationality, including as many women as men, as follows:
(a) Five representatives of local authorities or their groups, including at least one representative from the region, appointed by their legislative bodies;
(b) Three representatives of research organizations maintaining cooperation with the university, appointed by their directors;
(c) Six personalities from the socio-economic world designated by the elected members of the Council and the designated personalities in a and b.
The academic council consists of twenty-six members distributed as follows:
1° Sixteen elected members:
(a) Two university professors or assimilated staff within the meaning of College A I of Article D. 719-4 of the Education Code ;
(b) Two lecturers or assimilated personnel within the meaning of 1°, 4° and 5° of B College of I of the same article;
(c) Two doctors not belonging to the previous categories;
(d) Two other teachers;
(e) Two engineers, administrative, technical and library staff, in operation at the facility;
(f) Six representatives of students and people receiving ongoing training enrolled in the institution;
2° Ten designated members:
(a) Six staff members from research organizations maintaining cooperation with the university, appointed by their directors;
(b) Four external personalities, including at least one representative of a school, designated by the elected members of the board and the staff referred to in a.
The director of the regional centre of academic and academic works or his representative attends the sessions of the academic council.
The number of members of the board is increased by one unit when the chair is chosen outside the board. In the event of the equal sharing of votes, the president has a dominant voice.
The academic council has the decision-making and advisory competences vested in the academic council, the research commission and the commission of training and academic life through the articles L. 712-2, L. 712-3, L. 712-6-1 and L. 712-6-2 Education code.
The statutes of the University of Guyana include:
1° The terms and conditions for the appointment of the president of the academic council which is an external personality to the institution having a recognized scientific competence in the areas of activity of the institution;
2° The terms and conditions of designation of the Vice-President student of the Academic Council;
3° The list of research organizations maintaining cooperation with the university;
4° The list of territorial authorities or their groupings represented on the board of directors;
5° The duration of the terms of reference of the members mentioned in the 2nd of Article 3.
I. - For the election to the board of directors of the members of the colleges referred to in b and d of section 2, are not applicable:
1° The third, fourth and fifth paragraphs of Article L. 719-1;
2° The first sentence of the sixth paragraph of Article L. 719-1.
For these two colleges, the election takes place by majority vote in one round. A nomination is mandatory for each candidate.
II. - For the election of other representatives of the staff, students and persons who receive ongoing training on the advice of the University of Guyana, are not applicable:
1° The fourth paragraph of Article L. 712-4 of the Education Code and the eighth paragraph of Article L. 719-1 of the same code;
2° La second sentence of the first paragraph of Article L. 719-1 of the Education Code.
III. - For the designation of personalities outside the councils of the University of Guyana, articles D. 719-45 and D. 719-47-5 are not applicable.
By derogation fromArticle L. 712-2 of the Education Code, the first president of the University of Guyana is appointed by the minister responsible for higher education. His term expires on the expiry of the term of office of elected representatives of the board of directors.
The president of the University of Guyana organizes the elections to the Board of Directors and the academic council of the university within six months of his appointment. Electors and eligible staff members who carry out their activities on the site of the University Pole of Guyana of the University of the Antilles and Guyana under the conditions set out in Article 8 of this Decree and the users who attend training therein.
He summons the board of directors, sets the agenda and chairs his meetings.
It is a commission responsible for the development of the statutes of the University of Guyana. The board of directors established in accordance with Articles 2 and 7 of this decree shall adopt the statutes under the conditions fixed to theArticle L. 711-7 of the Education Code. The statutes of the University of Guyana are immediately transmitted to the Minister responsible for higher education. If not, they are stopped by the academy rector.
He chairs the academic council until the appointment of the president of this council under the conditions provided for by the statutes of the University of Guyana.
The property, rights and obligations assigned to the Guyanese University Pole of the University of the Antilles and Guyana are assigned to the University of Guyana. Effective January 1, 2015, they are transferred to the University of Guyana.
As of that date, the elected and designated members of the Guyane region on the board of directors and the academic council of the University of the Antilles and Guyana lose their quality to sit on these councils.
Agents who previously served at the Guyane University Pole of the University of the West Indies and Guyana are assigned to the new institution on that same date, subject to their agreement, in accordance with theArticle L. 719-6 of the Education Code. This agreement is collected within three months of the publication of this decree.
Agents of the University of the West Indies and Guyana who perform their duties in the other university colleges may be assigned to the new institution on that same date, if requested under the conditions set out in the preceding paragraph.
Directors and councils of the internal structures of the University of the West Indies and Guyana established in Guyana continue to exercise their prerogatives until the appointment or election of the new directors and the installation of the new councils of the internal structures created within the University of Guyana.
Students enrolled in a degree whose training is provided at the Guyane University Pole of the University of the West Indies and Guyana from the academic year 2014 are, at the end of their studies, graduates from the University of Guyana.
Agents who have opted for a posting in the new establishment under the conditions set out in section 8 are no longer eligible for election to the technical committee of the University of the Antilles and Guyana at the next general renewal of the technical committees. They become electors and eligible for the technical committee of the University of Guyana.
The budgetary, accounting and financial transactions of the University of Guyana carried out between its date of creation and the transfer of property, rights and obligations as provided for in section 9 of this decree are recorded in an annexed budget of the University of the Antilles and Guyana.
During the transitional period, these transactions may be followed by a secondary accounting officer established and appointed under the conditions established by thearticle R. 719-82 of the Education Code.
For the formation of the first councils, the list of research organizations referred to in 2° of section 2 and 2° of section 3 is fixed by the Minister for Research and the list of territorial authorities or their groupings referred to in 2° of section 2 is fixed by the Minister for Higher Education.
Until the first meeting of the bodies provided for in this decree, the Minister for Higher Education shall take all necessary measures to establish and operate the University of Guyana.
For the first year of operation, the academy rector provides, as appropriate, his competent administrative and financial management services to the President of the University of Guyana.
In article D. 711-1 of the education code, after the words: "24° Grenoble-III", the words are inserted: "24-1° Guyane."
The provisions of Article 12 of this Order come into force on January 1, 2015.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Overseas, the Secretary of State for Higher Education and Research and the Secretary of State responsible for the budget are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 30 July 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Benoît Hamon
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Overseas,
George Pau-Langevin
State Secretary for Higher Education and Research,
Geneviève Fioraso
The Secretary of State in charge of the budget,
Christian Eckert
