The law of program 2006-450 of April 18th, 2006 for research is a French law on the Scientific research. It is most important concerning with this field since the law of 1982 of orientation and programming for the research and the technological development of France.

History of the adoption of the law

The law voted in 2006 is the result of a rather long process which was born following the movement from the researchers in 2003, in particular around the movement Sauvons research. The preliminary draft filed in by the Gouvernement Jean-Pierre Raffarin (3) was entitled law of orientation and programming for research and the innovation (LOPRI). Although it was not made public, it had been known people concerned following an escape (see external bond) .

This first project highly disputed by all the trade unions of teaching, of the Conference of the presidents of university and the collective Let us save research, envisaged many changes:

• a financing which would divert EPST

• the separation of the research and of the university education which could be practiced on different universities, without there being bonds between the two. Like the financing to vat plus three by the facs and financed for the vat plus 5 and 8 by the CLOSE (pole of research and higher education).
• a more important recourse to the precarious personnel
• the massive entry of the companies in the definition of the university orientations
• preorientation of the allocated funds, which made use the opponents with the text of the formula: “Electricity was not invented while seeking to improve the candles. ”
• a strong support for the private Research.

Not having adopted yet at the time of the referendum of 2005, it was mainly taken again by the Gouvernement Dominique de Villepin. In particular, the majority of the provisions criticized by the actors of research, nevertheless were retained in the final law.

Provisions of the law

Titrate Ier: provisions of programming

The law lays down the objective of an effort of 19,4 billion Euro S over the period of 2005 at 2010. The major part of this amount must feed the appropriations of the interdepartmental mission “seeks and higher education”. Are also included in the amount of the financings to projects through tax agencies and compensations in favor of research.

Contain II: the organization of research

The law creates near the President of the Republic a High council of science and technology, charged to inform it as well as the Government and the Parliament on the main trends of the research and technological development.

Another provision supplements the L.111-3 article of the code of research for better revealing the role of research in the Sustainable development.

The law also endeavors to facilitate the co-operation between the various actors of research. It in particular envisages to create poles of research and higher education (NEAR). CLOSE gathers several organizations, of which at least a public corporation in scientific, cultural and professional matter (EPSCP), others pertaining to the one of the following categories: EPSCP, EPST, CHU, Center of fight against cancer, private organization of higher education and/or research. Can join Close to the associations, of the local government agencies or the Entreprise S. the participants in CLOSE can be French or European.

On a similar model, the law envisages also the creation of networks sets of themes of advanced research or centers sets of themes of research and care.

These three new systems of co-operation can either function without constituting of new moral person, or to take the form of groupings of public interest, or to adopt one of the new legal forms envisaged by the law.

These new forms are:

• the scientific public corporation of co-operation, new type of public corporation whose statutes, determined by the participating and associated members, must be approved by decree;
• the scientific Foundation of co-operation, which is of Private law and follows the rules specific to the foundations.

On the financial plan, the law institutes specific individual allowances for the young people Enquiring S. It also provides that the collective agreements will be able to recognize the Doctorat like a specific qualification level affecting the level of remuneration or on the professional situation (Code of research, Article L.411-4).

The law of program includes/understands provisions touching with the evaluation of research. The L.114-1 article of the code of research lays out now that: The research activities financed in whole or part on public funds, realized by public operators or deprived, are evaluated on the basis of objective criterion adapted to each one of them and taking as a starting point the best international practices. Among these criteria, the contributions to the development of the scientific culture are taken in compte.

The National committee of evaluation of the public corporations in scientific, cultural and professional matter and the National committee of evaluation of research amalgamate to form the Agence of evaluation of research and the higher education, which receives the statute of independent Administrative authority. It is charged to evaluate the public corporations of higher education and research, like their structures of co-operation, to evaluate the formations and diplomas of higher education, finally to define the conditions of the evaluation of the researchers.

Contain III: provisions of adaptation and simplification as regards research

The first provisions of this title are adaptations of the code of research in the definition of the objectives of research, to recognize in particular its role of Expertise. Article 13 of the law lays down, within six month, the presentation of a report/ratio on the co-operation between universities and universities.

The National agency of the research, which was a grouping of public interest, becomes a public corporation.

Some modifications are made to the code of research, to facilitate the passage of the public researchers in the company, either in a temporary way, or definitively for a reconversion. Provisions are also designed to enable them to profit from a leave to take part in the creation or the management of a Jeune innovating company.

The public corporations of research are authorized to entrust the utilization of the results of research to a privately held company.

Lastly, the Académie of technologies is transformed into public corporation.

Contain IV: relative tendencies at the Institute of France and the academies

Articles 35 to 38 of the law are relating to the Institut of France and the five Académie S which composes it. These various organizations are defined like “moral persons of public law to particular status”

According to article 36, the administration of the Institute is ensured by the central administrative commission, which elect the chancellor of the Institute, and by the general meeting of the members of the Institute. Each academy is managed by its members, who indicate an executive commission and a perpetual secretary (two for the Academy of Science).

These four articles hardly bring change, but give a legislative force to formerly scattered provisions.

Titrate V: relative tendencies with the establishment of project ITER in France

Articles 39 and 40 include/understand various provisions tending to raising administrative obstacles to the development of the project ITER. They adapt the statutes of the Commissariat à l'Energie Atomique and facilitate the operations of expropriation and clearing around Cadarache.

Contain VI: various provisions

In addition to the traditional implementing provisions to overseas, this title:

• brings up to date some provisions touching with the preparation and the delivery of the doctorate;
• affirms the will to facilitate the equality of the men and the women in higher education and research in France;
• car consequences of administrative changes and the law LOLF.

References

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