Key Benefits:
Publics concerned: higher education institutions of the regional chambers of commerce and industry and chambers of commerce and territorial industry.
Subject: election to the board of directors of the consular higher education institutions and stipulations of the agreement with the territorial and regional chambers of commerce and industry.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the Order is to establish the conditions required to be an elector and eligible to be a board of directors of the higher consular institutions and to specify the provisions of the Agreement defining the relations between the Chambers of Commerce and Territorial Industry and the Chambers of Commerce and Industry of the Region, and the institutions of higher consular education in accordance with the provisions of the Articles L. 711-18 and L. 711-19 Commercial code.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Industry and Digital Affairs,
Vu le Trade codeincluding articles L. 225-28, L. 711-4 and L. 711-17 to L. 711-19;
Vu la Act No. 2014-1545 of 20 December 2014 relating to the simplification of business life, including article 43;
The State Council (inland section) heard,
Decrete:
It is added to chapter I of Book VII title I of the Regulatory Part of the Commercial Code, after section R. 711-75-3, a section 5 as follows:
“Section 5
« Consular higher education institutions
"Subsection 1
"From the election of staff representatives to the board of directors or supervision of a consular higher education institution
"Art. R. 711-76.-Are electors on the board of directors or supervisory offices of a consular higher education institution:
« 1° Teachers and other employees of the consular higher education institution;
« 2° Persons made available to the consular higher education institution under the conditions provided for in the V of Article 43 of Act No. 2014-1545 of 20 December 2014 on the simplification of business life.
"Electors must be at least sixteen years of age, have been working for at least three months in the institution and are not subject to any prohibition, disqualification or incapacity relating to their civic rights.
"Elector quality is appreciated on the date of the vote.
"Art. R. 711-77.- shall be entitled to the board of directors or supervision of a consular higher education institution the personnel referred to in section R. 711-76 who meet the following conditions:
« 1° Being at least eighteen years old;
« 2° Have worked for a period of not less than one year in the five years preceding the date of the election in the said establishment, in a Chamber of Commerce and Territorial Industry or a Chamber of Commerce and Industry of the region constituting the reference shareholding of the establishment, or in the association, referred to in Article 43 VI of the Act of 20 December 2014 referred to above, which created the establishment.
"Art. R. 711-78.-No condition of duration of activity is required to be an elector or eligible when, on election day, the consular higher education institution has been established for less than two years.
"Subsection 2
"Conventions signed pursuant to the provisions of Article L. 711-19
"Art. R. 711-79.-The agreement signed by a consular higher education institution pursuant to Article L. 711-19 states:
« 1° The academic objectives pursued by the institution;
« 2° The principles governing the composition of the teaching body of the institution;
« 3° The principles governing the terms and conditions of access to the establishment;
« 4° The definition of the establishment's activities and, where appropriate, the links between these activities and the training activities provided by the relevant Chambers of Commerce and Industry, their subsidiaries and the subsidiaries of the consular higher education institution;
« 5° Guidance on partnership policy, particularly at the international level;
« 6° The terms and conditions under which real estate belonging to the Chambers of Commerce and Territorial Industry and to the Chambers of Commerce and Industry of the Region are made available to the establishment.
"The convention specifies its duration, which may not be less than two years or more than ten years. »
The Minister of National Education, Higher Education and Research and the Minister of Economy, Industry and Digital Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on June 23, 2015.
Manuel Valls
By the Prime Minister:
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem