Key Benefits:
Publics concerned: staff and users of public institutions of a scientific, cultural and professional character, staff of public research institutions and representatives of major national interests.
Purpose: organization of the National Council for Higher Education and Research.
Entry into force: this decree comes into force on the day after the day of its publication.
Notice: This decree amends the organization of the National Council of Higher Education and Research by bringing its staff to one hundred members. It pursues three objectives:
1° Define the role and functioning of this advisory body to inform public authorities in the conduct of higher education and research policies;
2° Expressing the narrow links between research and higher education within a single advisory body, as a result of the removal of the Higher Council for Research and Technology by theArticle 46 of Decree No. 2013-420 of 23 May 2013 deletion of Advisory Administrative Committees and amendment of Decree No. 2006-672 on the establishment, composition and functioning of administrative advisory commissions;
3° Organize a balanced dialogue between higher education and research communities and representatives of political, economic and social actors at the national and territorial levels.
References: this decree is taken in application of theArticle 20 of Act No. 2013-660 of 22 July 2013 related to higher education and research, which changed theArticle L. 232-1 of the Education Code. La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La regulatory part of the education code, as amended by this decree, can be consulted in its version following its modification on the site 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. 231-1 and D. 232-1 to D. 232-13;
Vu le search codeincluding articles L. 311-1 and L. 311-2;
Considering the opinion of the National Council for Higher Education and Research of 22 July 2014,
Decrete:
Section 1 of Chapter II of Title III of Book II of the Education Code is amended in accordance with the provisions of Articles 2 to 22 of this Decree.
Section D. 232-1 is replaced by the following provisions:
"Art. D. 232-1.-The National Council for Higher Education and Research gives its opinion on matters relating to the missions entrusted to public institutions of a scientific, cultural and professional character, in cases provided for by the education code, and public research institutions, L. 311-1 and L. 311-2 the search code, in the cases provided by the search code.
"He is consulted on:
« 1° National strategies for higher education and research and biennial reports to Parliament;
« 2° The State's assessments for European institutions on the implementation of European strategies for higher education and research;
« 3° General guidelines for multi-year contracts provided for in articles L. 711-1 and L. 718-5 the Code of Education andarticle L. 311-2 of the search code ;
« 4° The distribution of jobs and means between the different institutions provided by theArticle L. 719-4 of the Education Code ;
« 5° Reform projects on the organization of research;
« 6° Scientific employment reform projects;
« 7° The national training framework, the list of national diplomas as well as the modalities and applications for accreditation under section L. 613-1;
« 8° The map of higher education and research provided for in Article L. 614-3;
« 9° Creation, deletion or consolidation of establishments or components under sections L. 711-4, L. 713-1 and L. 718-16;
« 10° The list of trainings mentioned in the second paragraph of Article L. 612-6;
« 11° Transfer of property in the event of the termination of a private establishment under the conditions laid down in Article L. 731-16;
« 12° The extension of scholarships to students enrolled in private educational institutions referred to in articles L. 821-2 and L. 821-3 under the conditions provided by these articles.
"The National Council is informed of the annual performance reports and annual performance projects of the programs of the Ministers responsible for higher education and research.
"The Minister for Higher Education or the Minister for Research may make any proposals in areas within his jurisdiction.
"It can finally be seized of any questions at the initiative of the Minister for Higher Education or the Minister for Research. »
Section D. 232-2 is amended as follows:
1° In the first paragraph, the words "or its representative includes sixty-eight members" are replaced by the words "or by the Minister for Research, on the basis of the agenda, or their representative, includes one hundred incumbent members";
2° At 1°, the words "45" are replaced by the word "seven". The paragraph is supplemented by the words "and public research institutions";
3° At 2°, the words: "Twenty-three" are replaced by the word: "40".
Section D. 232-3 is amended as follows:
1° In the first paragraph, the word "four" is replaced by the word "three";
2° Paragraphs 2 to 7 are replaced by the following:
"II.- Representatives of officials of public research institutions are appointed by the Minister for Research, based on a scientific and technological public establishment officer and an industrial and commercial public establishment officer.
"III.-Representatives of staff and students of public institutions of a scientific, cultural and professional character are elected by college for the following reasons:
« 1° Ten representatives of professors and level staff equivalent to the meaning of College A of section D. 719-4, with the exception of staff designated in the IV of this section;
« 2° Ten representatives of other professor-researchers, teachers and researchers within the meaning of College B of I of section D. 719-4, with the exception of the staff referred to in the 3rd of this section and the staff designated in the IV of this section;
« 3° A representative of the scientific staff of libraries;
« 4° Five representatives of administrative, labour and service personnel, within the meaning of Article III, D. 719-4;
« 5° Eleven student representatives.
"IV.- Representatives of staff of public institutions of a scientific and technological character shall be elected by college for the following reasons:
« 1° Six representatives of researchers;
« 2° Four representatives of engineers, technicians and other personnel.
"V.-Representatives of staff of public institutions of an industrial and commercial nature are elected by a single college, with seven representatives.
"VI.-For each representative of the officials, staff and students of the institutions, an alternate is designated under the same conditions. »
Section D. 232-4 is amended as follows:
1° The first paragraph is replaced by the following:
"The representatives of the staff of the institutions are elected by direct suffrage by and among all staff in the colleges defined in section D. 232-3. They shall exercise their right to vote under the conditions laid down in articles D. 719-2 and subsequent, subject to the special provisions applicable to certain establishments. »
2° In the second paragraph, the words: "Scientific councils and councils of studies and academic life" are replaced by the words: "and the commission of the formation and academic life of the academic councils and among the incumbent and alternate PhD members of the research commission of academic councils";
3° In the fifth paragraph, the words: "is authorized" are replaced by the words: "and electronic voting by the Internet, in the conditions fixed by the articles 2 to 17 of Decree No. 2011-595 of 26 May 2011 relating to the conditions and modalities for the implementation of electronic voting by internet for the election of staff representatives in the bodies of representation of the public service staff of the State, subject to the provisions of Article D. 232-7, are authorized".
Section D. 232-5 is replaced by the following provisions:
"Art. D. 232-5.- Personalities representing major national interests, including educational, cultural, scientific, economic and social, shall be appointed by joint decree of ministers responsible for higher education and research. For each representative, an alternate of the same sex shall be designated under the same conditions.
"These personalities include:
« 1° Sixteen to twenty representatives of employers and employees, appointed by their respective organizations, among representative organizations at the national and inter-professional level defined in the articles L. 2122-9 and L. 2152-2 Work code. The number of representatives of employers and employees, which must be equal, shall be determined in accordance with the criteria set out in articles L. 2121-1 and L. 2151-1 of the same code;
« 2° Three personalities chosen respectively from the members of the National Assembly, the Senate and the Economic, Social and Environmental Council, for each of these assemblies and designated by each of them in accordance with the provisions set out in their regulations;
« 3° Two representatives designated by the associations of local authorities:
“(a) One representing the regions;
“(b) The other representative of the cities with locations of higher education and research activities;
« 4° Two representatives of the federations of parents of students represented on the High Council of Education;
« 5° Two personalities appointed on the proposal of representative student organizations.
"For each authority or agency to designate more than one representative, the difference between members of each sex cannot be greater than one. »
After article D. 232-5, an article D. 232-5-1 is inserted as follows:
"Art. D. 232-5-1. - The following representatives participate in an advisory capacity in the National Council for Higher Education and Research:
« 1° A representative designated by the National Council for Employment, Training and Vocational Guidance;
« 2° A representative designated by the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research;
« 3° A representative of the Higher Council of Education designated within him among its elected members;
« 4° A representative designated by each ministry exercising guardianship over higher education and research institutions;
« 5° A representative designated by the Minister in charge of national education. »
The third and fourth paragraphs of Article D. 232-6 are replaced by the following:
"In the event that a representative loses the quality under which he or she has been elected or appointed, or ceases to serve for any cause, he or she shall be replaced by his or her alternate who becomes a holder for the remaining term of office.
"In the event that the alternate of an elected representative becomes a holder or ceases to meet the eligibility requirements, the first of the non-elected candidates of the same list, or after exhaustion of the number of incumbent candidates, the first of the alternate candidates of the same list shall succeed him as an alternate.
"In the event that the alternate of a representative of major national interests loses the quality for which he was based, his replacement shall be made for the remaining term of office. The replacement must be of the same sex as the person he replaces. »
Section D. 232-7 is amended as follows:
1° In the second sentence of the first paragraph, the words: "majority to two towers" are replaced by the words: "a majority one in one tower";
2° The first sentence of the second paragraph is supplemented by the words "or public research institution";
3° The third, fourth and fifth preambular paragraphs are replaced by the following:
"The lists of candidates are national for each of the colleges defined in Article D. 232-3. Each list respects gender parity and includes a number of incumbent and alternate candidates equal to the number of incumbents and alternates to be filled. Each list of incumbent candidates is alternately composed of a candidate of each sex.
"For the election of the representative of the scientific staff of the libraries, each candidate may present himself with two alternates, each of them with a different sex.
"When the election takes place by the ballot, the incumbent candidates representing public institutions of a scientific, cultural and professional nature must be from different institutions. Applicants representing public research institutions must be representative of the diversity of these institutions.
"The lists of candidates must be filed at least fifty days before the date fixed for the elections with ministers responsible for higher education and research. The Ministers shall verify the conditions of eligibility of candidates and the conformity of the lists to the provisions of sections D. 232-1 to D. 232-13. They shall collect the opinion of the national commission provided for in Article D. 232-13 and, where appropriate, request the rectification of non-compliant lists within a time limit set by order. Upon expiry of this period, the Ministers shall refuse, if any, by a reasoned decision made after notice of the national commission, the registration of lists that do not meet the conditions set out above.
"The lists of candidates are posted on the website of the departments responsible for higher education and research at least 20 days before the date of the elections. »
Sections D. 232-8, D. 232-9 and D. 232-11 are amended as follows:
1° In article D. 232-8, the words: "public institutions of a scientific, cultural and professional character" are replaced by the words: "organizational institutions";
2° Sections D. 232-8, D. 232-9 and D. 232-11, after the word "national" are inserted the words "as provided for in Article D. 232-13".
The third paragraph of section D. 232-10 is amended as follows:
1° The second sentence is replaced by the following:
"Each list ensures gender parity and includes a number of incumbent and alternate candidates equal to the number of incumbents and alternates to be filled. »
2° After the second sentence, the following sentence is inserted:
"Each list of incumbent candidates is alternately composed of a candidate of each sex. »
Section D. 232-12 is replaced by the following provisions:
"Art. D. 232-12.-Where three seats in the same college are vacant, or where the seat of the college referred to in the 3rd of Article D. 232-3 is vacant, by-elections shall be held according to the rules applicable to each college of representatives, unless the holiday(s) take less than six months before the term of office. »
Section D. 232-13 is amended as follows:
1° The first paragraph is replaced by the following:
"The National Commission, chaired by a representative of the Minister for Higher Education or the Minister for Research, is composed of delegates from national organizations representing electors and delegates from each list in attendance as well as designated assailants from the staff of the departments responsible for higher education and research. »
2° In the second paragraph, after the words "higher education", the words "by the Minister for Research" are added;
3° The third paragraph is replaced by the following:
"Orders of the Minister for Higher Education and the Minister for Research set out the terms and conditions of organization as well as the date of the elections of the staff representatives and specify the composition and powers of the national commission. An order of the Minister for Higher Education sets out the terms and conditions of organization as well as the dates of the election for the appointment of student representatives. »
Section D. 232-14 is replaced by the following provisions:
"Art. D. 232-14.-It is established, within the National Council for Higher Education and Research, a standing commission composed of forty and one members:
« 1° Twenty-seven representatives of officials, staff and students of scientific, cultural and professional public institutions, and public research institutions, selected by and among the members of the college to which they belong, namely:
“(a) Three representatives of public institutions with a scientific, cultural and professional character due to two representatives for the conference of presidents of universities and a representative for the conference of directors of French engineering schools;
“(b) A representative of officials of public research institutions;
"(c) Five representatives under the college provided for in the 1st of Article D. 232-3;
"(d) Five representatives under the college provided for in 2° of III of the same article;
“e) Two representatives under the colleges provided for in 3° and 4° of III of the same article;
“(f) Five representatives under the college provided for in the 5th of III of the same article;
“(g) Two representatives under the college provided for in 1° of IV of the same article;
“(h) Two representatives under the college provided for in 2° of IV of the same article;
“(i) Two representatives under the College provided for in Article V;
« 2° Fourteen representatives of major national interests, including:
“(a) Six to eight representatives of employers and employees, who must be in equal numbers, chosen by and among the members of the board in that category;
“(b) A representative of student parents' federations represented on the High Council of Education.
"In addition to the plenary sessions, the Standing Committee shall exercise all the powers vested in the National Council for Higher Education and Research. »
Section D. 232-15 is replaced by the following provisions:
"Art. D. 232-15.-The National Council for Higher Education and Research may establish specialized study boards for the purpose of instructing files in order to formulate proposals for advice that will be submitted for deliberation to the National Council for Plenary Training or its Standing Committee. »
Section D. 232-16 is replaced by the following provisions:
"Art. O.C. 232-16.-The National Council for Higher Education and Research, its Standing Committee and any commissions it may constitute within it shall be chaired by the Minister for Higher Education or the Minister for Research or their representative.
"The National Council is convened in session at least three times a year. One of these sessions is devoted to the budgetary debate.
"The National Council and the Standing Committee shall sit validly when half of their members are present or represented.
"If this quorum is not achieved, the National Council or the Standing Committee may be reconvened with the same agenda within eight days. The national council or its permanent commission then deliberates without condition of quorum. »
The third and fourth paragraphs of Article D. 232-17 are deleted.
Section D. 232-18 is replaced by the following provisions:
"Art. D. 232-18.-The National Council for Higher Education and Research and its Standing Committee are convened by the Minister for Higher Education or the Minister for Research, who sets the agenda for the sessions.
"Any member of the National Council may request in writing that a matter be placed on the agenda. The decision shall be taken either by the President or by the National Council by a majority of the members present or represented in the sitting, when the application is made for the current session, or by a majority of the members in exercise when the registration is requested for the next sitting.
"The President of the National Council may, on his or her own initiative or at the request of members of the National Council or its Standing Committee, invite any person whose attendance appears to be useful to participate in the meetings in a consultative capacity. »
Section D. 232-19 is replaced by the following provisions:
"Art. D. 232-19.-Each of the questions on the agenda of the National Council for Higher Education and Research or its Standing Committee may be the subject of an introductory statement by a rapporteur appointed by the Minister for Higher Education or by the Minister for Research.
"The rapporteurs may be chosen either from the members of the National Council, or from the representatives of the Ministry of Higher Education or the Ministry of Research, or from the representatives of the other departments concerned.
"The National Council or its Standing Committee may either express its opinion immediately on the report presented to it, or appoint one or more of its members to prepare the draft notice on which the training will be required to decide at its next session after the drafting of the draft notice.
“The draft texts are submitted to the vote after hearing the reports and general discussion. If this is a bill, the National Council may either issue a general notice or proceed with the discussion of the articles before issuing a general opinion.
"For all legislation or regulations submitted to the National Council, any member may propose an amendment that is subject to the vote.
"In all cases, the texts submitted to the vote are those proposed by the President of the National Council in session.
"The members of the National Council may obtain from the Minister for Higher Education or the Minister for Research any documents and information necessary for the performance of the duties of rapporteur or for the development of the draft notices under this section.
"The sessions are not public.
"The vote by secret ballot is by decision of the president or at the request of a sixth of the members present. »
In the second paragraph of Article D. 232-20, the words "permanent scientist, section" are deleted.
Section D. 232-21 is replaced by the following provisions:
"Art. D. 232-21.- A verbatim record of each session shall be drawn up under conditions specified by the rules of procedure.
"The organization of elections to the National Council for Higher Education and Research, the secretariat of meetings and the dissemination of summonses, working papers and minutes are provided by the departments responsible for higher education and research. A general secretariat is established for this purpose within these services.
"The officials of the services concerned are in a consultative capacity at the National Council meetings. »
Section D. 232-22 is replaced by the following provisions:
"Art. D. 232-22.-A rules of procedure specify the operating conditions of the National Council for Higher Education and Research, its Standing Committee and its commissions. It is determined by joint decree of ministers responsible for higher education and research taken after the advice of the national council. »
The provisions of articles D. 261-3, D. 263-4 and D. 264-4 are replaced by the following:
“Articles D. 232-1 to D. 232-22 are applicable in their drafting Decree No. 2014-1421 of 28 November 2014 relating to the National Council of Higher Education and Research. »
Representatives of staff of public institutions of a scientific, cultural and professional character, representatives of public research institutions and appointed representatives shall be designated in accordance with the provisions of this Order by 1 June 2015.
The term of office shall be terminated by the elected representatives of the staff of the scientific, cultural and professional public institutions and appointed representatives, as of the date of publication of this decree, from the date of installation of the new representatives, no later than 15 July 2015.
The term of office of the elected representatives of the staff and representatives appointed to the National Council of Higher Education and Research appointed after the publication of this decree may be shortened or extended by a decree of the ministers responsible for higher education and research to end at the same time as the term of the elected representatives of the staff appointed to the professional elections held in 2014.
The notices rendered by the National Council of Higher Education and Research prior to its renewal pursuant to section 24 of this Order remain valid after the establishment of the newly formed Council.
This Order is applicable in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
The Minister of National Education, Higher Education and Research, the Minister of Overseas and the Secretary of State for Higher Education and Research are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 November 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Overseas,
George Paul-Langevin
State Secretary for Higher Education and Research,
Geneviève Fioraso