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Decree Of 24 March 2015 Laying Down Detailed Rules For Election To The National Council Of Higher Education And Research Of The Representatives Of The Personnel Of Public Institutions In Scientific, Cultural And Professional Character And...

Original Language Title: Arrêté du 24 mars 2015 fixant les modalités d'élection au Conseil national de l'enseignement supérieur et de la recherche des représentants des personnels des établissements publics à caractère scientifique, culturel et professionnel et des ...

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JORF n°0072 of 26 March 2015 page 5490
text No. 16



Judgment of March 24, 2015 setting out the terms and conditions of election to the National Council for Higher Education and Research of the representatives of public institutions with a scientific, cultural and professional character and representatives of public research institutions

NOR: MENS1504165A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/3/24/MENS1504165A/jo/texte


Minister of National Education, Higher Education and Research and Minister of Overseas,
Vu le education codeincluding articles L. 232-1 and D. 232-1 to D. 232-13;
Vu le search codeincluding articles L. 311-1 and L. 311-2;
Vu le Labour codeincluding articles L. 2314-1 to L. 2314-31, R. 2314-1 to R. 2314-30 and D. 2122-7;
Having regard to the decision of 18 February 2015 on the National Commission for the Elections of the Representatives of Personnel and Students of the National Council for Higher Education and Research,
Stop:

Article 1 Learn more about this article...


Elections are held in public research institutions annexed to this Order and in public institutions of a scientific, cultural and professional nature.
The date of the elections of the representatives of the staff of public institutions of a scientific, cultural and professional character and of the staff of public research institutions at the National Council for Higher Education and Research is Thursday, May 28, 2015.
The president or director of the institutions concerned shall inform electors of the timing and voting procedures, the place, the hours of the election.

  • Chapter I: Electoral lists and lists of candidates Article 2 Learn more about this article...


    The lists of electors are distinct for each elector college defined at theArticle D. 232-3 of the Education Code.
    Each public institution with a scientific, cultural and professional character and each public research institution establishes the lists of electors registered in the institution and displays them on Tuesday, March 17, 2015. Requests for rectification of these lists must be received by Tuesday, March 24, 2015 from the President or the Director of the establishment. Final electoral lists are posted on Friday 27 March 2015. The quality of the elector and candidate shall be assessed upon the expiry of the time limit for rectification of the electoral lists.
    Where staff of public institutions with a scientific, cultural and professional character must submit a request for registration on the establishment's electoral list, pursuant toArticle D. 719-7 of the Education Code, this request must be received by Tuesday, March 24, 2015.

    Article 3 Learn more about this article...


    Lists of candidates are distinct for each college defined in thearticle D. 232-3 of the aforementioned education code.

    Article 4 Learn more about this article...


    The lists of candidates are either filed directly with a receipt, or sent by registered letter with acknowledgement of receipt to the Ministry of National Education, Higher Education and Research, Secretariat of the National Council of Higher Education and Research, 1, rue Descartes, 75231 Paris Cedex 05, where they must reach no later than Monday, 30 March 2015, at 5 p.m.
    The names of the incumbent and alternate candidates are indicated in the preferential order, each alternate appearing in number bis after each holder and in number ter when a second alternate is submitted under the College of Scientific Personnel of Libraries.
    Each list of candidates must mention:


    - the title of the list, including, where appropriate, its representative acronym;
    - Civility;
    - the name and name of each candidate;
    - the body and grade, or functions performed for non-responsive agents.


    An individual signed statement from each incumbent candidate and each alternate candidate must be annexed to the list filed and include, in addition to supporting the above information, the e-mail, postal and telephone contact information of the interested parties.

    Article 5 Learn more about this article...


    Lists of candidates received are verified under the conditions set out inarticle D. 232-7 of the aforementioned education code. Where applicable, they shall be corrected within five clear days of notification of the Ministerial Request for Correction. The lists of candidates, possibly accompanied by a profession of faith - posted on the ministerial website on Thursday, April 23, 2015 - are available to the presidents or directors of scientific, cultural and professional public institutions and public research institutions. Reprography of lists is provided by the establishments. They are the ballot. Each institution ensures the advertising of these lists and professions of faith by posting as well as on its website.

  • Chapter II: Bureau and voting sections Article 6 Learn more about this article...


    A central polling station is set up in each of the organizing institutions. Voting sections may be constituted in addition to the central office and in addition to the correspondence vote.
    The office and sections shall be composed of a chair, designated by the president or director of each of these institutions, and not more than five members from the staff representatives or colleges defined in section D. 232-3 of the Education Code, appointed by the president or director of these institutions on the proposal of the candidates' lists.
    In the absence of volunteers from local candidates or representatives of the lists filed, it is up to the president or director of the institution concerned to designate other members from different colleges, except for industrial and commercial public institutions. The task of the voting sections is to ensure the proper conduct of the election and to establish the record of the electoral operations of the section. They do not, in any case, proceed with the remains. The ballot boxes and the minutes of the sections are sent under the responsibility of the head of establishment to the polling station as soon as the section is closed.
    The mission of the office is to ensure the proper conduct of the election, to proceed with the counting and to establish the record of the electoral operations of the organizing institution.
    The office and voting sections are open simultaneously for a minimum of eight consecutive hours. These durations can be reduced if all electors in each college, including those who have expressed the wish to vote by mail, voted.

  • Chapter III: The vote Article 7 Learn more about this article...


    The vote can be organized in three ways: vote in the ballot box, vote by mail, vote by electronic means.
    In public institutions of a scientific, cultural and professional character, the vote takes place at the urn in the premises of each organizer or by correspondence. It is established a starting list with the names and names of the electors of each college.
    Electors wishing to vote by mail must communicate to the president or director of their institution the address to which they wish to receive their voting material.
    Each starting list is authenticated by the signature of the president or director of the establishment.
    Without prejudice to the provisions of chapters III and IV of this Decree, the voting procedure, voting equipment and the procedure for counting shall be determined by a decision of the President or Director in public research institutions. With regard to electronic voting, these decisions are taken in accordance with articles 2 to 17 of Decree No. 2011-595 of 26 May 2011 for public institutions of a scientific and technological character and in accordance with provisions of articles R. 2314-8 to R. 2314-21 of the Labour Code for industrial and commercial public institutions.

    Article 8 Learn more about this article...


    Only voting material provided by the administration must be used.
    The elector who votes by mail must pass his vote by mail, the stamp of the position being declared: he inserts his ballot in envelope No. 1 with no distinguishing sign; it introduces this envelope number 1 of white color, format 90 × 140 mm, in envelope number 2. In addition to the impression of the mention: "elections at the National Council of Higher Education and Research" and the name, in all letters, of the institution, must include the impression of the words "name", "first name", "college" and "signature"; it applies on this envelope 2 its name, first name, college and signature; it puts envelope number 2 previously closed in envelope number 3, which it addresses to the president of the polling station.
    The postal mail must be sent to the polling station's president by Thursday, May 28, 2015, at the time of the closing of the poll, the statement: "by mail vote" on the stand-by list.
    Envelopes No. 1 containing ballots by correspondence are introduced in the ballot box corresponding to the elector's college at the close of the ballot.

    Article 9 Learn more about this article...


    The vote is secret. No one has more than one voice. When organized in the premises of the establishment, the passage by an isoloir is mandatory.
    Each elector puts in the urn corresponding to his college his ballot paper, previously introduced in envelope No. 1 of white colour, format 90 × 140 mm.
    The vote of each elector is recorded on the starting list, in front of its name, by its signature, affixed to ink, or, in the event of a correspondence vote, by the mention: "by correspondence" written in ink by a member of the office or section.

  • Chapter IV: Deployment Article 10 Learn more about this article...


    After the closure of the poll, the polls and, where appropriate, sections are open. For each of the elector's colleges, the envelopes in the urns of the sections are paid in the urn of the corresponding office and the number of envelopes is checked for each of these colleges. If this number is different from that of the elections, reference is made to the minutes of the electoral operations.

    Article 11 Learn more about this article...


    If the number of voters in a college is less than or equal to 5, in order to ensure the secrecy of voters' vote, the polling station will not proceed to count for that college. Unpaid votes shall be immediately forwarded with mention to the minutes of their number by college, under cached pleading with acknowledgement of receipt, by the president or director of the institution, to the national commission for the elections of the representatives of the staff to the National Council of Higher Education and Research at the address specified in Article 4 above.

    Article 12 Learn more about this article...


    Without prejudice to the provisions of the preceding article, the polling station shall forthwith make the counting and prepare a record of the electoral operations of the establishment, which shall indicate, in addition to a record of these transactions, the number of electors, voters, votes cast, blank and void ballots and votes obtained by each list. Among the voters, the number of electors who voted by mail must be specified.
    The minutes of the establishment, signed by the members of the polling station and countersigned by the president or director of the institution, shall be transmitted promptly to the national commission established pursuant to the provisions of Article D. 232-13 of the Education Codeat the address specified in section 4 above.
    Section minutes and all voting material shall be retained by the establishment for the term of office of the elect.

  • Chapter V: Proclamation of results Article 13 Learn more about this article...


    The national commission shall consolidate the results from the minutes provided for in Article 12 prepared by the establishments after it has, if any, ensured the count of votes in the cases provided for in Article 11.
    It establishes a national report for the consolidation of results that reveals the balance sheet of all electoral operations.
    It shall distribute the seats to be filled between the lists or candidates in attendance in accordance with the regulations in force.
    The president of the national commission proclaims the results of the election.

  • Chapter VI: Miscellaneous provisions Article 14 Learn more about this article...


    The decision of December 24, 2010 setting out the terms and conditions of election to the National Council for Higher Education and Research of Personnel of Public Institutions of a Scientific, Cultural and Professional character is repealed.

    Article 15 Learn more about this article...


    This Order is applicable in the Wallis-et-Futuna Islands, French Polynesia and New Caledonia.

    Article 16 Learn more about this article...


    The Minister of National Education, Higher Education and Research and the Minister of Overseas are responsible, each with regard to her, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on March 24, 2015.


Minister of National Education, Higher Education and Research,

Najat Vallaud-Belkacem


Minister of Overseas,

George Pau-Langevin


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