Key Benefits:
Publics concerned: users and staff of higher education and research institutions and research organizations members of the Community of Aquitaine Universities and Institutions.
Subject: approval of the statutes of the scientific, cultural and professional public institution Community of universities and Aquitaine institution.
Entry into force: the text comes into force on April 1, 2015.
Notice: this decree approves the statutes of the community of universities and institutions, in accordance with theArticle L. 718-8 of the Education Code. The establishment consists of the following members: the Ecole nationale supérieure des sciences agronomiques de Bordeaux Aquitaine, the Institut d'études politiques de Bordeaux, the Institut polytechnique de Bordeaux, the University of Bordeaux, the University of Bordeaux-III, the University of Pau and the Pays de l'Adour.
References: This 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. 718-7 to L. 718-15;
Vu la Act No. 2013-660 of 22 July 2013 amended on higher education and research, including article 117;
Considering the advice of the technical committees of the member institutions;
Considering the advice of the National Council for Higher Education and Agricultural, Food and Veterinary Research of 3 December 2014;
Considering the opinion of the National Council for Higher Education and Research of 15 December 2014,
Considering the deliberations of the boards of directors of the member institutions;
Considering the deliberation of the board of directors of the community of universities and institutions "University of Bordeaux",
Decrete:
The Community of Universities and Institutions of Aquitaine is a scientific, cultural and professional public institution formed in the form of a community of universities and institutions, as defined in the articles L. 711-1 and L. 711-2 Education code.
The statutes of the Community of Universities and Institutions of Aquitaine, annexed to this decree, are approved.
The Decree No. 2007-383 of 21 March 2007 establishing the public scientific cooperation institution "University of Bordeaux" is repealed.
This Order comes into force on the first day of the month following its publication.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State responsible for the budget 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.
Annex
STATUS OF THE PUBLIC CONTROL WITH SCIENTIFIC, CULTURAL AND PROFESSIONAL CHARACTER "UNIVERSITY COMMUNITY AND AQUITAINMENT"
Preamble
Aware of the need for a structuring of the regional system of higher education, research, innovation, and transfer in Aquitaine;
Desirous of deepening solidarity between higher education and research institutions in accordance with their history, culture and traditions;
To promote the development of a cross-border space for cooperation between the higher education and research institutions of the Aquitaine-Euskadi Euro-region;
Determined to promote territorial equity for students;
Resolved to strengthen their coordination in providing training, research strategy and improving student quality of life and social promotion;
From the perspective of the subsequent steps to be taken to advance the Community of Aquitaine Universities and Institutions and the regional strategy of higher education and research.
Article 1
Legal nature
The Community of Universities and Institutions of Aquitaine is a public institution of a scientific, cultural and professional nature under the articles L. 711-2(4°), L. 718-7 and following the education code.
Article 2
Headquarters
The headquarters of the community is located at 166, in the course of the Argonne, 33000 Bordeaux.
The seat may be transferred, on the proposal of the President, by deliberation of the board of directors by an absolute majority of the members in office.
Article 3
Members
On the day of the publication of the statutes, members of the community are:
1° Bordeaux-Montaigne University;
2° The University of Bordeaux;
3° The University of Pau and the Pays de l'Adour;
4° The Institute of Political Studies of Bordeaux;
5° The Polytechnic Institute of Bordeaux;
6° The Ecole nationale supérieure des sciences agronomiques de Bordeaux Aquitaine.
Article 3.1
Quality of member
Members of the community may be public higher education institutions under the Ministry of Higher Education and Research or any other guardianship, subject to the accreditation of the High Council for the Evaluation of Research and Higher Education and having their seat in the Aquitaine territory.
Research organizations can also be members of the community, making a significant contribution to the radiation and structuring of higher education and research in Aquitaine.
Article 3.2
Membership procedure
Entities wishing to integrate, as members, the community must seize the community with a reasoned official request, along with a decision of their deliberative body. The Council of Members meets to instruct the application for membership. At the end of the instruction, the board of members shall decide on the application by a two-thirds majority of its members, before transmitting the application for membership to the board of directors, which shall decide.
Article 3.3
Procedure for withdrawal
Any entity may decide, after the decision of its deliberative body, to withdraw from the community.
The establishment that decides to withdraw shall notify the Council of its intention. In the light of the guidance of the Council of Members, the community negotiates and concludes with this institution an agreement setting out the terms of its withdrawal, taking into account the framework of its future relations with the community. The agreement takes effect on its date of signature by the last part.
On this basis, the board of directors of the community endorses the amendment of the statutes resulting from the favourable opinion of the board of members by a two-thirds majority.
For the purposes of the above paragraphs, the establishment withdrawing does not participate in the deliberations or decisions of the board of members and the board of directors concerned.
If the institution that has withdrawn from the community requests to re-enter, its application shall be subject to the procedure referred to in section 3.2 of the statutes.
Article 3.4
Exclusion procedure
In the event of repeated failure or refusal to fulfil its obligations, a member of the community may be excluded.
The president of the community takes the advice of the members of the situation. After instruction, the Council of Members shall maintain the member to comply with his or her obligations within four months. The member risking the exclusion is invited to present his or her comments, after which the Council of Members deliberates and issues a notice on the opportunity to exclude that member. The notice is rendered by a two-thirds majority of the board of members.
In the event of an opinion favourable to exclusion, the board of members shall forward the application for exclusion to the board of directors.
The latter approves it by an absolute majority of the members in exercise.
Article 4
Partners
Article 4.1
Partner quality
They may be partners in higher education institutions and/or research institutions, or other institutions that interact with the community within the scope of their activities.
Article 4.2
Terms of partnership
The community concludes with the entities as defined in Article 4.1 agreements creating a partnership characterized by mutual rights and obligations, joint actions and special procedures.
Any entity may decide to denounce the partnership agreement.
The terms of termination are defined in the partnership agreement.
Article 5
Community competencies
The community-specific competencies provided for by law and the skills and/or services previously attached to the research and higher education centre are.
The community:
1° Coordinates the training offer and the research and transfer strategy of its members across the Aquitaine region;
2° Pilots the digital strategy across the Aquitaine region;
3° Organizes the territorial coordination of higher education institutions members and partners across the Aquitaine region;
4° Elaborates 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 Aquitaine territory in the areas of student housing, transport, social policy and health and cultural, sporting, social and social activities;
5° Holds the common part of the multi-year contract with the Minister responsible for higher education on the basis of the shared project.
Based on the shared project, the community:
1° Implement the common part of the multi-year contract of the declining community;
2° Launches and supports new research programmes or projects within the framework of the shared strategy;
3° Ensures communication on community actions within the scope of the shared project.
On the date of its creation, the community carries the following community actions:
1° The regional observatory of the courses of Aquitaine students;
2° The Aquitaine Euskadi-Navarre network;
3° The AquiMob device;
4° The Digital University of Aquitaine;
5° L'Entrepreneuriat campus Aquitaine ;
6° La Maison pour la science en Aquitaine.
Members may decide to transfer skills to the community. Their legislative bodies permit or not transfer.
Article 6
Principles of actions and procedures for exercises
The principle of attribution governs the delimitation of community skills. The principles of subsidiarity and proportionality govern the exercise of these competencies.
Under the principle of fair cooperation, members and partners shall take any general or particular measures to ensure the fulfilment of obligations arising from the statutes or resulting from the conventions or partnerships. They facilitate the community's fulfilment of its mission and refrain from any action that could jeopardize the achievement of the community's objectives.
Article 7
Community means
In order to carry out its tasks, the community can:
1° Negotiate, contract, manage, on behalf of and on behalf of its members and partners, any legal act with public and private partners;
2° Conclude with any public or private person, national or foreign, conventions, including cooperation;
3° Granting financial assistance to students and graduates of internships;
4° Take participations and create affiliates entering the business areas of members;
5° Use adjudication, where authorized, in particular in cases of disputes arising from the execution of contracts with foreign agencies and transfer within the meaning ofArticle 2045 of the Civil Code ;
6° To provide cost-effective services, to file and operate trademarks, patents and models;
7° Licensing and marketing directly or indirectly the products of its activities.
More generally, the community can carry out any action necessary to carry out its tasks.
Article 8
Council of members
Article 8.1
Membership composition
The Council of Members brings together the presidents and directors of the member institutions of the Community of Universities and Institutions of Aquitaine.
Each member has a seat on the board of members.
Can be invited to attend meetings of representatives of the partners involved in the shared project.
Article 8.2
Terms of designation and duration of mandate
The duration of the term in the Council of Members is related to the term of office of President or Director in the establishment of origin.
When a member of the Council of Members loses the quality for which he or she has been designated or when his or her seat becomes vacant for any cause, the new head of establishment shall replace him.
Article 8.3
Attributions of the Council of Members
The Council of Members provides a role of advice and expertise to the Board of Directors and Academic Council.
As such, it prepares the work and implementation of the decisions of the Board of Directors and the Academic Council.
The Board of Members is obligatoryly consulted by the Board of Directors prior to:
1° The definition of the shared community project;
2° The signing of the multi-year contract with the Minister for Higher Education;
3° The approval of the community budget on which it issued a notice unanimously.
The Council of Members shall approve by a two-thirds majority:
1° The common part of the multi-year contract with the State;
2° The amendment of the statutes, including membership as members of the community of new higher education institutions or research organizations, withdrawal or exclusion of a member and their consequences;
3° Any request for membership as a partner, its principle and its terms.
The Board of Directors unanimously proposes to the Board of Directors the rules of procedure and any changes to the Board of Directors.
For any opinion or decision requiring a vote, the board shall deliberate validly if the majority of members are present. If the quorum is not reached at the opening of the session, the board will be reconvened on the same agenda within eight days. It then deliberates validly, regardless of the number of present.
Article 8.4
Method of operation
Each member has a voice. The president of the community and the Director General of Services are invited to attend and have an advisory voice.
The rules of operation of this board are set out in the rules of procedure.
Article 9
Board of Directors
Article 9.1
Composition of the Board of Directors
The Board of Directors includes thirty-three members, as follows:
1° Six representatives of higher education institutions and member research organizations;
2° Five qualified personalities designated jointly by the members mentioned at 1°;
3° Five representatives of enterprises, local authorities, including at least one of each region concerned, public inter-communal cooperation institutions and associations;
4° Ten representatives of professor-researchers, teachers and researchers serving 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, elected in two separate colleges as defined at theArticle D. 719-4 of the Education Code : five representatives under College A and five representatives under College B;
5° Four representatives of other staff serving 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° Three representatives of users who attend training in the community of universities and institutions or in a member institution.
Are permanent guests with advisory voices: the academy rector, university chancellor, the accounting officer, the general manager of services.
Article 9.2
Terms of designation and duration of mandate
For administrators mentioned in 1°, 2° and 3°, the terms of designation are specified in the rules of procedure.
The directors mentioned in the 4th, 5th and 6th are elected by direct suffrage and in accordance with the provisions of the articles L. 719-1 and L. 719-2 the education code, subject to the specific provisions of these statutes.
For administrators mentioned at 4°, electors and eligible teachers, teachers, researchers and similar staff of each member. They are elected by separate colleges as defined in theArticle D. 719-4 of the Education Code, on lists composed alternately of a candidate of each sex and who must represent at least three of the four major training sectors and at least half of the member institutions.
For administrators mentioned at 5°, are electors and eligible for staff in the community of universities and institutions and in member institutions. They are elected on a list alternately composed of a candidate of each sex.
For administrators mentioned at 6°, are electors and eligible students in initial or continuing training of each member. They are elected on a list alternately composed of a candidate of each sex and representing at least three of the four major training sectors.
Article 9.3
Attributions of the Board of Directors
1° It determines the institution's policy, including digital issues and resources;
2° He approves his budget and controls the execution;
3° On the proposal of the Council of Members, it approves the rules of procedure and its amendments;
4° It deliberates on applications for membership, the terms and conditions of withdrawal and the exclusion of a member or partner after the advice of members;
5° He elects the president;
6° At the proposal of the President, he elects the Vice-Presidents, including the Vice-President in charge of digital issues;
7° It approves the common part of the multi-year contract with the State;
8° It votes the general directions and the strategic plan of the actions, means and structures of the institution;
9° It sets out the general terms and conditions of recruitment and employment of staff at the institution, including contractual agents;
10° It approves acquisitions, alienations and exchanges of buildings;
11° He approves leases and leases of buildings;
12° He accepts the alienation of movable property;
13° He accepts gifts and bequests;
14° It approves contracts and conventions;
15° It authorizes legal actions, transactions and the use of arbitration in cases of disputes arising from the execution of its contracts with European or foreign bodies of any kind;
16° It authorizes participation in legal entities, including through participation and the creation of subsidiaries;
17° It approves the annual report of activity and the social balance sheet;
18° It approves the amendments to these statutes;
19° He vote on the establishment's technical committee established in accordance with theArticle L. 951-1-1 of the Education Code.
Within the limits it determines, the board of directors may delegate some of its powers to the president, except those mentioned in 1°, 2°, 3°, 4°, 5°, 6°, 7°, 8°, 10°, 16°, 17°, 18° and 19°.
The Chair may receive delegation to make the following changes:
1° The purpose of which is not to increase expenditures or transfers of credits between the operating, investment and personnel chapters; or
2° The purpose of which is to allow the execution of conventions in accordance with the overall balance.
At the next meeting of the Board of Directors, he reports on the decisions taken in this delegation.
Article 9.4
Meetings
The Board of Directors shall meet at least twice a year on the convocation of its President or at the request of at least half of the directors, under the conditions set out in the rules of procedure.
The Chair may invite the board to attend the board's meetings or make the board hear any person he or she considers likely to enlighten him or her on any of the issues on the agenda or to contribute to the work of the board.
When the chair cannot preside over a session of the board of directors, his or her functions shall be performed by one of the directors of the board of directors under the conditions set out in the rules of procedure.
An administrator who is prevented from attending a session may give power to another administrator.
No administrator may carry more than two (2) powers.
The Board of Directors shall meet validly if the majority of the directors in office is present or represented, or participate in the session by means of videoconferencing or electronic communication under conditions allowing the identification of these directors and guaranteeing the collegial character of deliberation. If the quorum is not reached, the board of directors shall be reconvened on the same agenda within eight (8) days. It then meets validly, regardless of the number of directors present or represented.
Article 9.5
Deliberations
Each director has one (1) vote. The deliberations shall, in principle, be taken by a simple majority of the directors present or represented except for the statutory amendments that require an absolute majority of the members in office. In the event of a vote-sharing, the president's vote is preponderant.
Article 10
Academic Council
Article 10.1
Composition of the academic council
The academic council comprises fifty members, divided as follows:
1° Eleven representatives of higher education institutions and member research organizations;
2° Four external personalities;
3° Twenty-two representatives of professor-researchers, teachers and researchers serving 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;
4° Five representatives of other staff serving 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° Eight representatives of users who attend training in the community of universities and institutions or in a member institution.
Article 10.2
Terms of designation and duration of mandate
The members referred to in the 1st are designated by the members according to their own terms. The distribution is specified in the rules of procedure.
The members referred to in 2° shall be appointed by the Council of Members on the proposal of its members.
The members mentioned in 3°, 4° and 5° are elected by indirect suffrage.
For the members mentioned in the 3°, are electors and eligible, by colleges as defined in theArticle D. 719-4 of the Education Code, professors, teachers, researchers and assimilated staff elected in the academic councils of each member or scientific council and board of studies for members who do not have an academic council. They are elected in two separate colleges as defined in theArticle D. 719-4 of the Education Code on lists alternately composed of a candidate of each sex and who must represent at least three of the four major training sectors and at least half of the member institutions.
For the members mentioned in the 4th, are electors and eligible the staff elected in the academic councils of each member, or scientific council and board of studies for members who do not have an academic council. They are elected on a list alternately composed of a candidate of each sex.
For the members mentioned at 5°, are electors and eligible students in initial or continuing education elected in the academic councils of each member, or scientific council and education council for members who do not have an academic council. They are elected on lists alternately composed of a candidate of each sex and representing at least three major training sectors.
The academic council elects its president, whose term expires on the expiration of the term of office of elected representatives of the academic council staff. The term of office shall be four years non-renewable except for the representatives mentioned in the 5°, whose term shall be fixed to two years renewable once.
Article 10.3
Attributions of Academic Council
The academic council gives its opinion on the shared project of the community and on the planned multi-year contract, respectively, in articles L. 718-2 and L. 718-3.
The academic council shall, for the skills transferred to the community, exercise the advisory role provided for in theArticle L. 712-6-1 of the Education Code.
Article 10.4
Method of operation
The rules of operation of this board are set out in the rules of procedure.
Article 11
Presidency
Article 11.1
Designation of the President
The president of the institution is elected by a two-round uninominal vote by the board of directors for a four-year non-renewable term.
The election procedure is described in the rules of procedure.
Article 11.2
Attributions of the President
The Chair provides leadership to the community in the direction defined by the Board of Directors and the Board of Members.
As such:
1° He prepares the budget with the council of members and executes it;
2° It prepares the deliberations of the board of directors and ensures its execution;
3° It represents the establishment in justice and in all acts of civil life;
4° It reports annually to the Board of Directors on the execution of decisions and its management;
5° It submits the establishment's rules of procedure to the approval of the board of directors and ensures its implementation;
6° He is the order of expenditure and revenue;
7° It is responsible for the proper functioning of the establishment, respect for order and maintenance of security;
8° It signs contracts, markets, conventions and transactions;
9° It creates thematic committees in accordance with the Council of Members;
10° He appoints the representatives of the establishment in accordance with the Council of Members;
11° He has authority over staff exercising all or part of their activity within the institution;
12° He presides over the establishment's bidding committee.
The President may delegate his or her signature to the Vice-Presidents and/or designated personnel to serve as responsibilities within the establishment.
Article 12
Vice-Chair
The Vice-Presidents are proposed by the President and elected by the Board of Directors.
The election procedure is described in the rules of procedure.
Article 13
Committees
In accordance with the rules of procedure, the Chair may, in accordance with the Council of Members, decide to establish thematic committees.
Article 14
Administration
The administrative organization of the establishment is established according to the rules set out in the rules of procedure.
Article 15
Direction générale
Under the responsibility of the President, the Director General of Services, Chief Administrative Officer, is responsible for the management and coordination of all services of the establishment.
Article 16
Provisions applicable
The establishment is subject to the provisions of sections L. 719-4 and L. 719-5 and those of thearticle R. 719-51 of the Education Code as well as the provisions of Article L. 719-9 of the same Code relating to a posteriori financial control.
Article 17
Financial resources
Article 17.1
Nature of resources
The institution's resources include:
1° Contributions of any kind made by members and partners;
2° State subsidies;
3° Grants of territorial authorities and public institutions for intercommunal cooperation;
4° The proceeds of services of any kind;
5° The product of alienations;
6° The product of participations;
7° Donations and bequests;
8° Any other resources authorized by the laws and regulations in force.
Advances or revenues may be created in accordance with the regulations in force.
Article 17.2
Financial Participation Principles of Members and Partners
Each member or partner of the establishment contributes in accordance with the terms and conditions set out in the rules of procedure or under the terms and conditions set out in their partnership agreement.
Article 18
Expenditure
Community expenses include the establishment's own personal expenses, equipment and operating expenses, and, in general, all expenses required for the operation and operations of the establishment
Article 19
Accountant
The Accountant Officer shall be appointed by joint order of the Minister for Higher Education and the Minister responsible for the Budget, on the proposal of the Chairperson of the Community.
Rule 20
Human resources
The institution can benefit from public service positions for permanent employment. It may also use non-permanent jobs under the conditions established by laws and regulations. The establishment may be eligible for non-public servants or non-public servants made available by each member institution or organization.
Done on March 11, 2015.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
The Secretary of State in charge of the budget,
Christian Eckert
