Key Benefits:
Publics concerned: users and staff of higher education and research institutions and research organizations members of the community of universities and institutions (COMUE) "Federal University of Toulouse Midi-Pyrénées".
Subject: approval of the statutes of the scientific, cultural and professional public institution "Federal University of Toulouse Midi-Pyrénées".
Entry into force: the text comes into force on the first day of the month following its publication.
Notice: this decree approves the COMUE statutes, in accordance with theArticle L. 718-8 of the Education Code. The establishment is composed of the following members:
- under higher education institutions: the Polytechnic Institute of Toulouse, the National Institute of Applied Sciences of Toulouse, the Higher Institute of Aeronautics and Space, the Toulouse-I University, Toulouse-II University and Toulouse-III University;
- for research organizations: the National Centre for Scientific Research.
The facility carries the shared project defined in the articles L. 718-2, L. 718-5 and L. 718-16 Education code. In this context, in particular, it coordinates the implementation of the research component of the shared strategy, ensures a coherent implementation of doctoral policies, coordinates the training offer of its members, as well as their digital policy and defines a common policy of signing scientific publications.
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;
In view of the advice of the technical committees or bodies taking place in the place of the member institutions;
Considering the advice of the technical committee of the university community and institutions "University of Toulouse";
Considering the opinion of the National Council for Higher Education and Research of 20 October 2014;
Having regard to the deliberations of the boards of directors or bodies in place of the member institutions;
Considering the deliberation of the board of directors of the community of universities and institutions "University of Toulouse",
Decrete:
"Federal University of Toulouse Midi-Pyrénées" is a scientific, cultural and professional public institution formed in the form of a community of universities and institutions, within the meaning of the articles L. 711-1 and L. 711-2 Education code.
The statutes of "Federal University of Toulouse Midi-Pyrénées", annexed to this decree, are approved.
The Decree No. 2007-385 of 21 March 2007 establishing the public scientific cooperation institution "University of Toulouse" 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 Defence and the Secretary of State responsible for the budget are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Annex
Preamble
Fundamental principles of accession
The community of universities and institutions of Toulouse Midi-Pyrénées is a federation in which members and associates keep their moral personality and their financial autonomy.
The project of the community of universities and institutions of Toulouse Midi-Pyrénées (COMUE) respects and defends the founding ambition of building in Midi-Pyrénées a world-class university federation. This federation must be in a position to support the international scientific competition of its members, while having a vocation to satisfy, in the best conditions, all public service missions of higher education and research. The COMUE thus mobilizes all the scientific potential of the region and the diversity of excellence, placing itself at the heart of the regional innovation ecosystem, and constantly seeks to promote the best quality of training and research.
The present statutes of the federal entity are articulated around the principles of speciality and subsidiarity as organizing principles. Subsidiarity is understood to favour the level of competence of the establishments that make up it, keeping at their level the decisions that can be taken with efficiency. By speciality, it is understood that some missions will be entrusted in whole or in part to the COMUE either directly by the guardians in accordance with the laws in force or by devolution of the institutions.
STATUS OF PUBLIC CULTURAL AND PROFESSIONAL SCIENTIFIC STATEMENT "Federal UNIVERSITY OF MIDI-PYRED TOULOUSE"
The Community of Universities and Institutions of Toulouse Midi-Pyrénées is established in the form of a public institution with a scientific, cultural and professional character. She is named "Federal University of Toulouse". The use of the label and logo "Federal University of Toulouse" by universities and institutions is the subject of a charter integrated with the rules of procedure.
She has her seat in Toulouse.
Article 1
Terms of membership of the COMUE
The COMUE is composed of members who may be universities, institutions or public bodies involved in the public service of higher education or research.
The COMUE can conclude association agreements.
Conventions of strengthened associations, as defined in Article 10, can only be concluded with public institutions or bodies involved in the public service of higher education or research.
Article 2
Membership
Members of the COMUE may be public institutions or organizations involved in the missions of the public service of higher education or research, which adhere to the founding values described in the preamble of these statutes, and which undertake to coordinate and share competencies in accordance with the following terms and conditions.
The list of initial members is annexed to the statutes.
The accession, withdrawal or exclusion of a member of the COMEU is an amendment to the statutes of the COMEU, which gives rise to the establishment of a decree.
Article 3
Acquisition of membership quality
A public institution or agency involved in the public service of higher education or research, which does not have the capacity of a member on the day of the publication of the decree approving these statutes, may apply to become a member under the following conditions:
1° It meets the conditions established by the education code and the present statutes to be a member;
2° It was previously associated with the COMUE (simple or reinforced association) for at least three years; may be exceptionally exempted from this condition by the board of directors after favourable advice from the board of members ruling by a two-thirds majority;
3° Its application was approved by the board of directors by an absolute majority of the directors in office after a favourable opinion of the board of members ruling by a two-thirds majority.
The accreditation procedure is described by the COMEU rules of procedure.
Article 4
Withdrawal of a member
Any member may withdraw from the COMUE on its own initiative provided that it is up to date with its financial obligations to the COMUE. Any withdrawal of a member does not give rise to any financial solidarity of the members remaining in the COMEU for the financial obligations of which the outgoing member would be indebted to both the COMEU and to third recipients in respect of which the COMUE would have engaged with its agreement.
The withdrawal can only take effect upon the expiration of a six-month transitional period to preserve the proper functioning of the actions in which the outgoing member is engaged within the framework of the COMUE.
A higher education institution under the sole Ministry of Higher Education cannot withdraw for the duration of a multi-year contract within the meaning ofArticle L. 718-2 of the Education Code. In any case such an institution is legally bound to retain a minimum of a strengthened partnership status.
Any member who withdraws may request to be associated (simple or reinforced association) with the COMEU under the conditions provided for in these statutes.
Article 5
Exclusion of a member
A member who fails to fulfil its obligations or acts in manifest violation of the principles and values contained in the preamble of the statutes and in the shared project may be excluded from the COMUE or may be offered a status of associate.
The observation of non-compliance with obligations and/or manifest violation of principles and values is drawn up by the two-thirds majority council. It entails a warning of the institution or agency concerned and the establishment of a temporary dispute resolution commission under the authority of the President of the COMEU, which advocates modalities for the settlement of the conflict within two months, beginning with its referral by the President of the COMEU. At the end of this period, the board of the members shall determine the settlement of the dispute or seize the board of directors a request for exclusion by a two-thirds majority vote. A member whose exclusion is considered shall not participate in the vote of the members' council.
Exclusion must be approved by the board of directors by an absolute majority of the directors in exercise.
The exclusion of a member does not give rise to any financial solidarity of the members remaining in the COMUE for the financial obligations of which the excluded member would be indebted to both the COMUE and to third recipients in respect of which the COMUE would have engaged with its agreement.
Article 6
Commitments of members
Any member adheres to the shared values of the COMEU as expressed in the preamble to these statutes.
It has a duty of transparency as to the research and training actions it undertakes. As such, it regularly informs other members of its initiatives and projects that may be of interest to them.
Any member:
1° Allows the coordination, within the meaning of Article 22, of all the competencies described in Article 25 of these statutes;
2° undertakes to share, within the meaning of Article 23, all the skills described in Article 26 of these statutes;
3° Accepts and respects all COMUE's own competences in their definitions and perimeters expressed in Articles 24 and 27.
Any member assumes the financial obligations of which he or she is indebted to both the COMUE and to any third party beneficiary in respect of which the COMUE would have committed him, without being able to avail himself of the solidarity of other members and associates.
Article 7
Rights of members
Any member shall benefit from the agreements signed by the COMUE and from the actions it implements them, including:
1° IDEX tenders;
2° The operations of the CAMPUS plan.
Member institutions are involved in the process of preparing and deciding on the common part of the multi-year contract within the meaning of theArticle L. 718-2 of the Education Codewith a deliberative voice to the Council of Members on this issue.
Member institutions that are not subject to the sole guardianship of the Ministry of Higher Education may be subject to a specific component of their establishment within the above-mentioned contract, while also being the subject of a specific multi-year contract with their guardianship under their own statutes.
Article 8
Representation of members
Any member shall be represented in the proceedings of the COMEU in accordance with the principles contained in title III of the present statutes.
Article 9
Membership
Each member is liable for an annual contribution to fund the exercise of shared and coordinated skills and the COMUE services. This assessment is determined by a distribution key set out in the rules of procedure. Any evolution of this distribution key requires an agreement of the competent authority of the relevant member and associate universities and institutions.
Article 10
Forms of the association to the COMUE
In accordance withArticle L. 718-16 of the Education Code, may be associated with the COMUE the institutions or organizations involved in the missions of the public service of higher education or research, which adhere to the founding values described in the preamble of these statutes and which undertake to coordinate and/or share competencies in accordance with the following terms and conditions.
The association can take two forms:
1° The enhanced association to the COMUE, for public institutions or bodies involved in the public service of higher education or research, under the conditions provided for in Article 15;
2° The simple association to the COMUE, for institutions or organizations involved in the public service of higher education or research, under the conditions provided for in Article 16.
The association is governed by the education codeby the present statutes, by the conventions between the COMEU and the candidate institutions or bodies and by the rules of procedure. The list of associated establishments is annexed to the rules of procedure.
Article 11
Association process
A public or private institution or agency involved in the missions of the public service of higher education or research, which is not associated with the COMUE on the day of the approval by the Board of Directors of the COMUE of the initial version of the rules of procedure, may apply for the following conditions:
1° It meets the conditions established by the education code and these statutes to be associated with the COMEU;
2° It makes the request in the forms and deadlines prescribed by the rules of procedure;
3° The association must be approved by the board of directors by a two-thirds majority after a favourable opinion of the board of members ruling by a two-thirds majority.
The procedure of association is described by the COMEU rules of procedure.
Article 12
Possibility for a partner to become a member
Any institution or organization associated with the COMEU may apply to become a member under the conditions set out in Article 3 of these statutes.
In this case, its assessment as provided for in section 20 is reviewed, taking into account the following provisions.
Article 13
End of the association
Any partner may terminate the association to the COMUE on its own initiative provided that it is up to date with its financial obligations to the COMUE.
The withdrawal can only take effect upon the expiration of a six-month transitional period to preserve the proper functioning of the actions in which it is engaged within the framework of the COMEU.
The COMUE may terminate the association if a partner does not perform its obligations or acts in manifest violation of the principles and values contained in the preamble of the statutes.
This decision shall be approved by the board of directors by a two-thirds majority after a favourable opinion of the board of the two-thirds majority.
Any withdrawal of a partner, whatever the cause, does not give rise to any financial solidarity of the members or associates remaining in the COMEU for the financial obligations the outgoing partner would be indebted to both the COMEU and to third recipients in respect of which the COMUE would have engaged with its agreement.
This section is not applicable to higher education institutions under the sole department responsible for higher education.
Article 14
Partner Commitments - General case
Any partner adheres to the shared values of the COMEU as expressed in the preamble to these statutes.
It has a duty of transparency as to the research and training actions it undertakes.
It assumes the financial obligations it owes to both the COMUE and to any third-party beneficiary in respect of which the COMUE would have hired it without it being able to avail itself of the solidarity of other partners and members
Article 15
Partner Commitments - Enhanced Association
In the case of a strengthened association, the institution or the associated agency undertakes the contract of association:
1° Coordinate its research and transfer strategies in accordance with the law;
2° Coordinate its training offer in accordance with the law;
3° To coordinate, within the meaning of Article 22, at least three competencies among those provided for in Article 25;
4° To share, within the meaning of Article 23, at least three skills among those provided for in Article 26;
5° Accept and respect all COMUE's own competences in their definitions and perimeters.
Article 16
Partner Commitments - Simple Association
In the case of a simple association the establishment or associated organization undertakes in the contract of association:
1° Coordinate its research and transfer strategies in accordance with the law;
2° Coordinate its training offer in accordance with the law;
3° To coordinate, within the meaning of Article 22, at least one jurisdiction among those provided for in Article 25;
4° Accept and respect all COMUE's own competences in their definition and perimeter.
Article 17
Rights of associates
Any associated institution or organization is intended to benefit from the agreements signed by the COMUE and its actions, including:
1° IDEX tenders;
2° The operations of the CAMPUS plan.
Reinforced associate institutions under the sole department responsible for higher education are, as are member institutions, stakeholders in the process of preparation and decision-making on the common part of the multi-year contract within the meaning of theArticle L. 718-2 of the Education Code.
Reinforced associated institutions that are primarily owned by other guardianship departments may be involved in the process of preparing and deciding on the common multi-year contract component within the meaning of theArticle L. 718-2 of the Education Code if their guardianship authorities are parties to the contract.
Article 18
Representation of Associates - Enhanced Association
In the event of a strengthened association, the establishment or organization is represented in accordance with the provisions set out in Part 3 of these Regulations.
Article 19
Partner Representation - Simple Association
In the event of a simple association, the establishment or organization is represented in accordance with the provisions set out in Title III of these Regulations.
Rule 20
Cotization of partners
Any partner is liable for an annual contribution to fund the exercise of shared and coordinated skills and the services of the COMUE, under the conditions set out in the Association Agreement. This assessment is determined by a distribution key set out in the rules of procedure. Any change in this distribution key requires a favourable vote of the boards of directors of the relevant member and associate universities and institutions.
Article 21
Definition
A jurisdiction is defined as the ability of an institution or agency to pilot, decide and implement a mission that is assigned to it by law.
The full exercise of jurisdiction requires the autonomy of decision-making, guidance and allocation of means.
The competences of universities and institutions participating in the COMUE may, as appropriate, be coordinated or shared. The procedures for exercising these skills may evolve.
The COMUE has its own expertise.
Article 22
Definition of coordinated skills
A coordinated competence requires:
1° Regular information of the appropriate bodies of the COMEU, in a spirit of transparency, exchange and collaboration, in relation to actions, projects, initiatives related to the relevant sector of competence;
2° The systematic search for collaborations, synergies, harmonizations, mutualizations representing a surplus value for the COMUE and its members or associates, and contributing or likely to contribute to the shared COMUE project;
3° A full exercise of the competence maintained within each member or associated institution or organization, both in terms of decision-making, guidance and allocation of means.
Coordination takes place within each appropriate COMUE body. The search for consensus is based on a method.
Coordination can be organized by the COMEU only between certain members and/or associates.
Based on the coordination work carried out within its bodies, the COMUE may issue non-binding recommendations to its member or associate institutions or organizations.
Article 23
Definition of shared skills
A jurisdiction is shared when implemented by:
1° A concerted decision-making process at the COMEU level;
2° A management of the action by the COMUE for all or part;
3° An implementation carried out by one or more members, partners and/or partners, if any with the support of the COMUE.
Decisions taken by the COMUE bodies are applicable to universities and member or associate institutions that share the relevant area of competence.
They affect means and resources for the implementation of actions, projects and initiatives relating to the area of competence under review, in accordance with the rules of procedure.
In addition to the skills set out in section 2 of this chapter, other skills may be shared, within the framework of the COMUE, by a group of voluntary members and/or associates of the COMUE. The modalities of decisions of the COMUE bodies for the exercise of these powers are defined by the rules of procedure.
The deficiency of a member or associated institution or organization in the implementation and/or allocation of means may be noted by the Council of Members and may lead to exclusion under the same conditions as those relating to the exclusion of members and associates as defined in sections 5 and 13.
Article 24
Definition of COMUE's own competences
A competence is specific to the COMUE when implemented by:
1° A concerted decision-making process at the COMEU level;
2° A management of the action by the COMUE;
3° An implementation carried out by the COMUE, if any with the support of one or more members, partners and/or partners.
Decisions taken by the COMUE bodies are applicable to member and associate universities and institutions. They are committed to respecting them.
In the event that the COMUE fails to implement the decisions, any institution, member or associate, may alert the board of members. The latter puts the COMUE on the other hand to vote by a two-thirds majority vote. If not, the board of directors shall take the board of directors which may alert the academy rector, Chancellor of universities.
The list and modalities of the management of inter-institutional services, which they fall within the scope of the COMUE's coordinated, shared or own competence, are determined by the rules of procedure.
Rule 25
Perimeter of coordinated skills
The COMUE coordinates:
1° Research strategies of COMUE universities and institutions;
2° The training offer of COMUE institutions;
3° Doctoral schools of the site;
4° The strategies for the transfer and enhancement of the COMUE universities and institutions;
5° The enhancement of the site's training offer;
6° The activities of information, guidance and professional integration of the establishments of the site;
7° The international development strategies of COMUE institutions, and the actions arising from them;
8° The development of proposals for the state/region plan contract;
9° Prevention, hygiene and security and social and cultural activities;
10° Piloting the validation of the acquired experience (VAE).
COMUE means can be delegated to the implementation of certain coordinated competencies.
Rule 26
Perimeter of shared skills
The following competencies are shared:
1° Elaboration of a single label "Federal University of Toulouse" under which the doctorate is issued by the authorized institutions;
2° Elaboration of a unique signature of publications under the label "Federal University of Toulouse";
3° Participation in the distribution of doctoral site contracts;
4° Preparation of doctoral students for professional integration;
5° Elaboration of common strategies for structuring means (scientific and pedagogical equipment, digital services, etc.);
6° Developing partnerships with socio-economic and institutional, national and international actors, when they relate to all universities and institutions participating in the COMEU;
7° Promotion of the actions of the COMEU and the institutions component at the national and international levels;
8° Communication concerning the COMEU and its members;
9° Advice, accompaniment and training of teachers in pedagogy;
10° Collective action to disseminate culture, including scientific and technical;
11° Elaboration and implementation of co-funded global project calls with communities, whose terms are specified by the rules of procedure;
12° Piloting shared research structures for institutions wishing to do so;
13° Documentary cooperation.
COMUE means can be delegated to the implementation of certain shared competencies.
Rule 27
Perimeter of COMUE's own competences
Specific to the COMUE:
1° The development and implementation of the common part of the multi-year site contract, concluded with the State;
2° The establishment of a policy and project to improve the quality of student life and social promotion, in connection with the CROUS;
3° Management of funding programs for higher education or research, and related actions, subject to global agreements signed, on behalf of the establishments of the site, by the COMUE with the State, local authorities or any other national or international public financeer;
4° The implementation of the IDEX, under the conditions provided for by the attributive agreement, particularly with regard to the modalities of financing and selection of projects by an external assessment committee at the site;
5° Organization of territorial coordination;
6° The mandate representation received from its members (especially from SATT TTT and IRT Saint-Exupéry), apart from CNRS when it receives a proper representation.
Rule 28
Evolution of skills exercise modalities
In accordance with the law, regulations, and these statutes, the COMEU and member universities and institutions, partners or partners will be able to change the procedures for the exercise of the competencies described in section 1 of this title.
This evolution may consist of either a redefinition of the terms provided for in these statutes (coordination, sharing, own competences), or in the establishment of new modalities of exercise (delegation...).
Any changes in the terms and conditions of exercise of competence require a request to amend the statutes, with the prior agreement of the Board of Directors of the COMUE, seized by the Council of Members after a favourable vote of the boards of directors of the universities and member institutions.
Rule 29
Evolution of the scope of competence
In accordance with the law, regulations, and these statutes, the COMEU and member universities and institutions, partners or partners will be able to change the scope of the coordinated, shared and specific competencies described in section 2 of this title.
Any change in the scope of competence requires a request to amend the statutes, with the prior agreement of the Board of Directors of the COMUE, seized by the Council of Members after a favourable vote of all relevant boards of directors of the universities and member institutions.
Rule 30
Composition
The Board of Directors of the Community of Universities and Institutions consists of seventy-nine directors divided according to the following categories and, in the event of designation outside the Board of Directors, the President of the COMUE:
1° Eight representatives of member research institutions and organizations including the president or director of each member institution or, in the case of research organizations, their representatives whose number is determined by the rules of procedure;
2° Eighteen qualified personalities, including:
(a) Twelve chosen from among the staff of institutions or organizations with the status of strengthened partners, as well as from among the staff of the CROUS, designated jointly by the directors referred to in 1° under the conditions specified in the rules of procedure;
(b) Six selected from companies and associations, designated after deliberation of the board of directors on the proposal of the representatives mentioned in the 1st;
3° Six external personalities 1° of Article L. 719-3 of the Education Code, representative of local authorities, including:
(a) A representative of the Midi-Pyrénées Regional Council;
(b) A representative of the urban community Toulouse metropolis;
(c) A representative of CESER Midi-Pyrénées;
(d) Three representatives from other territorial authorities where COMUE universities and member institutions are located. These communities will be designated after deliberation of the board of directors on the proposal of the representatives mentioned in the 1st;
4° Twenty-six representatives of professor-researchers, teachers and researchers in member institutions and/or COMEU:
(a) Twenty-four serving in member institutions;
(b) Two professor-researchers, teachers or researchers working in the components directly attached to the COMUE.
5° Ten representatives of other staff serving in member institutions and/or COMEU:
(a) Eight serving in member institutions;
(b) Two representatives of the other staff performing their duties within the components directly attached to the COMUE, including one for services.
6° Eleven persons attending training in a member institution and/or COMUE:
(a) Eight representatives of users of member institutions;
(b) A user representative who attends training in the components directly attached to the COMUE;
(c) Two doctoral representatives.
The members mentioned in 4° (a), 5° (a) and 6° (a) are elected by direct suffrage, by secret ballot by separate colleges, in 4 electoral sectors. Sector 1 is formed around Toulouse-I University; Sector 2 is formed around the Toulouse-II University; Sector 3 is formed around the University of Toulouse-III; sector 4 is formed around the INP of Toulouse, the INSA Toulouse, the ISAE. In sectors 1, 2 and 3 the elections take place on the same day as the elections to the central councils of the universities. All staff and users of an institution - outside organizations - vote in electoral colleges under a single electoral sector. Members of research organizations vote in the electoral sectors based on rules determined by the rules of procedure.
The members mentioned in 4° (b), 5° (b) and 6° (b) and (c) are elected by direct suffrage by secret ballot by separate colleges.
Permanent guests to the COMUE Board of Directors are the Director General of Services and the Directors of Departments. The rector of the Toulouse Academy and the accounting officer attend the advisory sessions with an advisory voice.
Rule 31
Terms of election and duration of mandates
♪ provisions of articles D. 719-1 to D. 719-40 of the Education Code are applicable to elections to the board of directors subject to the special provisions of these statutes.
The election is made by the list vote in a tower with proportional representation to the strongest remains, possibility of incomplete lists and without dressing. Each list of candidates is alternately composed of a candidate of each sex. A nomination is mandatory for each list of candidates. The voting and distribution of seats shall be specified by the rules of procedure.
The term of office of elected representatives is four years renewable once, except for student representatives whose term is two years renewable once. Council members sit validly until their successors are appointed. In the event of a vacancy, a new member shall be designated for the duration of the term remaining to be held in accordance with the terms and conditions established by law. For the representatives of the College of Users, an alternate is elected under the same conditions as the licensee; He sits only in the absence of the latter.
The term of office of qualified personalities referred to in Article 30 (2°) of these statutes is four years.
The term of office of the external personalities referred to in Article 30 (3°) of these statutes is two years.
Rule 32
Attributions
The Board of Directors determines the institution's policy and ensures its implementation. In this capacity, it shall deliberate, after the advice of members and/or academic council, as appropriate, on:
1° The general guidelines and strategic plan for COMUE actions, means and structures;
2° The general organization and operation of the COMUE, including the creation or suppression of its directions;
3° Membership as a member of new higher education institutions or research organizations, after favourable advice from the council of members under the conditions defined in Article 3 of these statutes;
4° The association by agreement of new higher education institutions or research organizations, after favourable advice from the council of members under the conditions defined in Article 11 of these statutes;
5° Exclusion or withdrawal modalities, after favourable advice from the Council of Members under the conditions defined in Articles 4, 5 and 13 of the present statutes, a higher education institution or a research organization;
6° The consequences of an amendment to the legal status of a member or associate institution or its scientific scope;
7° The common part of the multi-year settlement contract with the State;
8° The strategy and policy on digital issues and resources;
9° The COMUE budget and its amendments, the financial account and the allocation of results;
10° Any modification to these statutes;
11° The rules of procedure and its amendments;
12° General conditions for the recruitment and employment of COMUE personnel, including contractual agents;
13° Acquisitions, alienations and exchanges; leases and rentals of buildings;
14° The alienation of movable property;
15° Acceptance of gifts and bequests;
16° Conventions, contracts and contracts under its jurisdiction;
17° Legal actions, both in demand and in defence, and transactions;
18° COMUE's participation in legal entities, including by taking part or creating subsidiaries;
19° The annual activity report, the social balance sheet and the disability master plan;
20° Election of the President of the COMEU;
21° The appointment of Vice-Chairpersons, on the proposal of the Chair, after advice from the Council of Members;
22° The establishment of any commission or committee that it considers necessary, under the conditions provided for in the rules of procedure;
23° The recommendations of the academic council having a financial impact;
24° The designation of the Member State Higher Education Institution whose Disciplinary Section is competent to examine the facts leading to prosecutions by teachers-researchers, teachers or users in the COMUE premises and premises.
The vote on the budget and its amendments may not result in a call for members ' funds without their prior written consent.
The Board of Directors may delegate to the President of the COMEU all or part of its powers in the matters referred to in paragraphs 14 to 18. The Chair shall report to each ordinary session of the Board on the decisions he has made under that delegation.
Rule 33
Modalities for meeting and decision-making
The board of directors shall meet, as often as the good march of the COMUE requires it and at least three times a year on the convocation of its president or at the request of at least half of the directors on a specified agenda, under the conditions provided by the rules of procedure.
The President may invite to participate in all or part of the meetings of the Council, without a deliberate vote, any person whose presence appears to him useful.
In the event of a temporary incapacity of the President, the Presidency shall be carried out by one of the directors according to the conditions defined by the rules of procedure. In the event of the vacancy of the presidency, an interim shall be established under the conditions provided for in the rules of procedure.
A director may give power to any other administrator. No one can carry more than one proxy.
The Board of Directors shall meet validly if half of the directors in exercise are present or represented or participate in the session by means of videoconferencing or electronic communication under conditions allowing the identification of these directors and the effective participation in a collegial deliberation. If the quorum is not reached, the board of directors is again convened on the same agenda within eight days. It then meets validly regardless of the number of directors present or represented.
Each administrator has one voice. The deliberations are taken by a simple majority of directors present or represented. In the event of equal sharing of votes, the president's voice is preponderant.
By exception to the above, the absolute majority of the current Professional staff is required to deliberate on:
1° Any changes to these statutes, including membership, withdrawal or exclusion of a member, and their consequences;
2° The association of a new institution or the denunciation of an association convention, and their consequences;
3° The adoption and amendment of the COMEU rules of procedure.
By exception to the general rule, the majority of the two-thirds of the current administrators are required to deliberate on the defiance of the draft submitted by the President of the COMEU in accordance with the provisions of Article 34.
Rule 34
Methods of election and mandate
The President shall be elected from among the professor-researchers, researchers, or any other person who is intended to teach, by an absolute majority of the members of the board of directors after the advice of the members who shall vote by a two-thirds majority on the applications to be submitted to the board of directors after a procedure of choice described in the rules of procedure.
The term of office of the president is four years. The President shall present annually to the Board of Directors the general policy and development strategy that he intends to implement for the COMEU. This presentation gives rise to a vote. In the event of a defiance expressed by a two-thirds majority of the members of the board of directors, the term of office of the chair shall cease in full law.
In the event that the President ceases to serve, for any reason, a new President shall be elected for the term of office of his remaining predecessor.
Its functions are incompatible with those of an elected member of the COMUE Academic Council, as a component, school or institute director and with those of an executive director of any public institution or of any of its components.
A Vice-President in charge of digital matters and resources is elected by the Board of Directors on the proposal of the Chair, following advice from the Board of Members by a two-thirds majority.
Other Vice-Chairs in charge of specific issues may be elected by the Board of Directors on the proposal of the Chair, after advice from the Board of Members by a two-thirds majority. Their number and fields of activity are determined by the rules of procedure.
Their term is equal to that of the elected members of the board of directors. In the event of an early termination, a new Vice-Chair shall be appointed for the term of office of the remaining predecessor.
Their functions are incompatible with those of an elected member of the COMUE Academic Council, as a component, school or institute director and with those of an executive director of any public institution or of any of its components.
Rule 35
Attributions
The president runs the facility. It exercises its powers subject to the competence assigned to other bodies. As such:
1° He chairs the board of directors, sets its agenda after advice from the board of members, prepares and executes its deliberations;
2° He chairs the Council of Members, sets its agenda and ensures the coordination of procedures between the Council and the other bodies of the COMEU; shall report to the board of directors the notices rendered by the board of members;
3° It prepares and implements the COMUE multi-year contract with the State;
4° It prepares and executes the COMUE budget;
5° It represents the COMEU in respect of third parties and in court, concludes agreements and conventions;
6° He is the COMUE revenue and expenditure order;
7° It appoints and affects all the jobs and functions for which no other authority has received the power of appointment. He has authority over all COMUE personnel and, as such, signs labour contracts and, where applicable, proceeds with terminations;
8° He is responsible for maintaining order and respecting the rules of procedure within the COMEU and can appeal to the public force under conditions fixed by decree in the Council of State (at the Council of State) articles R. 712-6 et seq. of the Education Code)
9° He is responsible for security in the premises and is responsible for the follow-up to the recommendations of the hygiene, safety and working conditions committee to ensure the safety and security of staff and users in the premises;
10° It ensures the accessibility of COMUE teachings and buildings to persons with disabilities;
11° On a joint proposal by the board of directors and academic council, he set up a mission "equality between men and women".
The President of the COMUE is assisted by a Director General of Services and Directors of Departments.
The President may delegate his signature to the Director General of Services and Category Officers Placed under his authority, within the limits of their powers.
Rule 36
Composition
The COMUE Academic Council, the main forum for the representation of transversalities, includes:
1° Representatives of the academic council or assimilable bodies of each member higher education institution elected within them or appointed by the directors or presidents, including vice-presidents "research", "training" and "student" or their functional equivalents;
2° Representatives elected within or designated by the directors or chairpersons of each member research organization;
3° Representatives elected within them or appointed by the directors or chairpersons of the academic council or assimilable bodies of each associated higher education institution;
4° Representatives elected within them or appointed by the directors or chairpersons of each associated research organization;
5° Representatives for each of the coordinating poles of the COMUE formations, elected or designated within each pole under the conditions provided for in the rules of procedure;
6° Representatives for each of the COMUE research focal points, elected or designated within each pole under the conditions provided for in the rules of procedure;
7° Representatives of the COMUE, including department directors, representatives elected under its components - a EC of rank A, a EC of rank B, a BIATSS, a trainee, a student - and two elected in doctoral schools under the PhD students;
8° Representatives of the territorial training and research hubs and local communities in which these poles are located, designated under the conditions set out in the rules of procedure;
9° Representatives of civil society, chosen because of their professional, scientific or academic skills, designated under the conditions provided for in the rules of procedure;
The detailed composition set out in the rules of procedure evolves according to the conclusion of the association agreements. The academic council includes at least 70% of the class representatives mentioned in the 4° to 6° of Article L. 718-11 of the Education Code, of which at least 60 per cent are representatives of the categories mentioned in the 4th of the same article.
The terms and conditions for the election of these representatives are defined in the rules of procedure.
Rule 37
Mandate and Presidency of the Academic Council
The term of office of the members of the academic council is four years, renewable once, with the exception of the elected representatives of the users, whose term is fixed at two years, renewable once.
The academic council elects its president, whose term expires on the expiry of the term of office of the elected representatives of the staff, on the proposal of the President of the COMUE, made after notice of the council of the members. The election is conducted by an absolute majority, by a two-round uninominal vote.
Rule 38
Organizational and meeting arrangements
The academic council meets at least three times a year on the convocation of its president, which sets out its agenda. It may also be convened on an agenda determined at the request of at least one third of its members in accordance with the rules of procedure.
In order to carry out its tasks relating to scientific life and to student life, the academic council is organized into committees in accordance with the terms and conditions provided for by the rules of procedure. The offices of the COMUE departments, including those responsible for research and training, are represented in the respective commissions.
The Council of Members presents to the Academic Council the shared research and training project, formulated on the basis of contributions from research and training departments. The academic council discusses its orientations and makes a notice transmitted to the board of directors for final validation.
In the event of an incapacity or absence of the President of the Academic Council, his or her functions are performed by one of the members of that Council in accordance with the terms and conditions defined by the rules of procedure.
Members of the academic council may give power to another member. No one can carry more than one proxy.
Rule 39
Attributions
The Academic Council in Plenary Training is consulted:
1° On the shared research, training, transfer and campus life project under the conditions set out in Article 3 above;
2° On the modalities for coordinating the training offer and the research and transfer strategy;
3° On the project to improve student life and social promotion in the territory;
4° On the common part of the five-year contract;
5° On the modalities of exercising the competence of the COMUE.
The academic council may wish on any matter of common interest.
Rule 40
Composition
The Council of Members embodies the Federal character of the COMUE and brings together, under the chairmanship of the President of the COMUE, the president or director of each of the institutions members of the community of universities and institutions, or his representative.
Enhanced associated institutions, simple associated institutions and associated research organizations of the COMUE are represented on the Council of Members under conditions defined in the rules of procedure.
In the event of the absence of the President, the Presidency shall be held by another member under the conditions defined by the rules of procedure.
Any member may give power to another member. However, no one can carry more than one proxy.
The Director General of the COMUE Services and the Chairman of the Academic Council are invited to the Council of Members without a deliberate vote. The President of the COMUE may occasionally invite any person who may clarify the debates of the Council of Members.
Rule 41
Attributions
The Council of Members is associated by the President of the COMUE with the preparation of the work and the implementation of the decisions of the Board of Directors and the Academic Council.
The Council of Members shall have a principal advisory role. As such, it may be seized by the board of directors or by the academic board on all or part of the deliberation projects of the board of directors. It is the organ that ensures the cohesion of the federal organization chosen for the site.
The Board of Members is obligatoryly consulted by the Board of Directors prior to its deliberations on:
1° The definition of the shared projectArticle L. 718-2 of the Education Code ;
2° The signing of the multi-year settlement contract mentioned at theArticle L. 718-5 of the Education Code ;
3° The adoption or modification of the budget of the community of universities and institutions;
4° Coordination of the training offer and the research and transfer strategy;
5° Any revision of the statutes and the adoption or revision of the rules of procedure.
All COMUE bodies may also consult the Council of Members on any matter of common interest.
The Council of Members shall carry out the COMUE missions according to the guidelines defined by the Board of Directors and within the framework of the principle of subsidiarity.
The President of the COMEU sets out the agenda of the Council of Members and ensures the coordination of procedures between the Council and the other bodies of the COMEU.
Rule 42
Method of operation
The Council of Members shall meet at least twice a month, at the convocation of its President. It may also be convened at the request of at least one third of its members on a specific agenda.
The applicable quorum rules are defined by the rules of procedure.
The Council of Members strives to stop common positions by consensus, in accordance with the values and principles of the COMEU as set out in the preamble.
Members' advice is obtained by an absolute majority of member institutions or organizations.
By exception, as part of the consultation by the Board of Directors prior to the definition of the shared project, the adoption and amendment of the rules of procedure and the adoption of the COMUE budget, in the absence of a unanimous favourable opinion, the notice rendered by the Board of Members is deemed unfavourable. His motivation is then transmitted to the board of directors.
By exception, a favourable notice rendered by a two-thirds majority is required in the following cases:
1° Approval of the common component of the multi-year contract. This approval is preceded by a notice from the presidents and directors of the institutions parties to the contract;
2° Any changes to the statutes including, inter alia, membership, withdrawal or exclusion of a member;
3° Defiance of the draft submitted by the President of the COMEU in accordance with the provisions of Article 34.
The bodies listed in this chapter are competent in respect of personnel directly attached to the COMEU.
Rule 43
A Technical Committee for Public Establishment (CTEP) is constituted under the conditions provided by the Decree No. 2011-184 of 15 February 2011 relating to technical committees in government departments and public institutions of the State. The rules of procedure specify the terms and conditions of organization and operation.
Rule 44
A health, safety and working conditions committee (CHSCT) is constituted under the conditions provided by the Decree No. 2012-571 of 24 April 2012 relating to health, safety and working conditions committees in public higher education institutions under the Minister for Higher Education. The rules of procedure specify the terms and conditions of organization and operation.
Rule 45
A Joint Establishment Commission (CPE) is constituted under the conditions provided by the Decree No. 99-272 of 6 April 1999 amended on the Joint Commissions for the Establishment of Public Higher Education Institutions. The rules of procedure specify the terms and conditions of organization and operation.
Rule 46
A parity advisory commission (CPC) is constituted under the conditions provided by the Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State agents taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State. The rules of procedure specify the terms and conditions of organization and operation.
Rule 47
Management modalities
The COMUE is subject to the provisions of Articles L. 719-4, 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.
Rule 48
Income and expenditure
The COMUE revenue includes:
1° Grants from the State, public authorities or any organization, French, foreign or international;
2° The proceeds of contributions from member and associate universities and institutions, under the conditions set out in the Association Conventions, as set out in Articles 9 and 20 above;
3° Resources from its activities, events it organizes and services it performs;
4° Revenues from donations and bequests;
5° Revenues from movable and immovable property, including rental products;
6° In general, all revenues authorized by laws or regulations.
Expenditures include personnel costs, operating, equipment and investment costs and, in general, all expenses required for the activity of the establishment.
The COMUE is subject to the financial control of the State provided for in theArticle L. 719-9 of the Education Code. The terms of this control are determined by joint order of the Minister for Higher Education and the Minister for Budget.
Rule 49
At the proposal of the President of the COMEU, the accounting officer of the COMUE is appointed by joint decree of the Minister in charge of higher education and the Minister in charge of the budget.
The properties, rights and obligations of the research and higher education centre "University of Toulouse", constituted as a university community and institutes on a provisional basis according to its previous statutes under theArticle 117 of Act No. 2013-660 of 22 July 2013 amended, shall be transferred to the COMUE constituted according to the statutes defined by this decree on the date of its entry into force.
Annex to the statutes
LIST OF MEMBERS
Toulouse-I Capitole University.
Université Toulouse-II Jean Jaurès.
Toulouse-III University Paul Sabatier.
Institut national polytechnique de Toulouse.
Institut national des sciences applied de Toulouse.
Graduate Institute of Aeronautics and Space.
National Centre for Scientific Research (CNRS).
Done on June 10, 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 Defence,
Jean-Yves Le Drian
The Secretary of State in charge of the budget,
Christian Eckert
