National council of higher education and research

In France, the National council of higher education and research (CNESER) is a body which constitutes at the same time an advisory committee placed near the minister in charge for higher education, and a administrative jurisdiction.

The National council of higher education and research ensures the representation of the public corporations in scientific, cultural and professional matter (EPCSCP) whose personnel and students are elected with the secret vote and by distinct colleges and, in addition, of the great national interests, in particular educational, cultural, scientific, economic and social whose representatives are named by the Minister for Higher education.

He is subjected today to the articles with and Code of education.

The CNESER has two functions: one advisory and the other disciplinary , which has each one their specificity.

History

Until 1945, the advisory and jurisdictional functions of the current CNESER were exerted by the Superior council of the state education.

The council of higher education is created by law 46-1084 of May 18th 1946 like one of the five “councils of teaching”. It then includes/understands many representatives of the universities and teacher-researchers, the students almost not being represented. Its role is purely advisory, the contentieues questions and disciplinary being settled by the Superior council of state education.

The law of the November 12th 1968 known as Loi Faure transforms the Council into National council of higher education and Research and increases the number of representatives of the students and personal IATOS.

The Loi Jospin of July 1989 transfers to the Council the disciplinary and contentious role relating to public and private higher education.

Advisory role

Composition

The CNESER playing an advisory part is composed of 62 members. It is chaired by the Ministre in charge of higher education or by the person whom the minister indicates for this purpose.

In addition to the Minister, the CNESER counts 61 advisers. It includes/understands 40 representatives of the Université assimilated S and establishments, of which:

  • 22 teacher-researchers, teachers or Enquiring S including 11 professors of the universities or assimilated,
  • 11 student S (in 2006 per order from importance, 5 elected officials UNEF, 3 FAGE, 1 PLAIN, 1 Cé and 1 PDE),
  • 7 representatives of the personal not-teachers including one preserving of the libraries.

In addition, 21 people, including one appointed, a senator and a member of the Economic and Social Council represent the political clouts, economic, social and cultural of the country.

All these members are named for 4 years, except for the student S which are indicated for 2 years.

Operation and activities

The CNESER meets at least three times per annum, including once with the autumn to examine the project of Budget of the higher education.

The Ministre proposes the day order but any member of the council can subject a particular question which is then voted on.

The CNESER comes to a conclusion on the general orientations of higher education and the diplomas, including the baccalaureat which is regarded as the first post-graduate advanced degree.

The CNESER is also consulted on the case of each universities public Frenchwomen in three cases:

  1. for the subsidies and equipments granted to these establishments;
  2. for the four-year contracts binding the State and the establishment;
  3. for conventions of service enters the universities and of the Entreprise S.

Mode of election

The elected officials in the central councils of the universities form the electorate and eligible student representatives with the CNESER.

Disciplinary role

In the exercise of its disciplinary competences, the CNESER is a administrative jurisdiction, qualified either in call, or exceptionally in the first resort.

Composition

The disciplinary formation of the CNESER is more reduced since it is limited to 14 members, including 5 professors of the universities, 5 teachers of lower rank and 4 student S. It elects his own president among the professors of the universities, so that the Ministre does not intervene in this authority.

When the person to be judged is a Professor of the universities, only the professors of the universities sit; for a teacher of lower rank, the professors of the universities sit with the teachers of lower rank. It is only for the judgment of the student S that the disciplinary formation of the CNESER meets complete.

Operation and activities

The disciplinary formation of the CNESER meets to judge the teachers and the students of the higher , as well as the candidates with the baccalaureat. Being the students, the CNESER is qualified not only for the students of the public corporations of public higher education, but also for those of private establishments, insofar as they are likely, by their situation, to obtain a diploma conferred by the State or recognized by him.

The CNESER can judge the people who raise of it in the first resort if, for an unspecified reason, the qualified disciplinary board regularly received did not decide.

However, the CNESER is primarily a judge of call of the decisions returned by the disciplinary sections of the boards of directors of the universities.

The CNESER can, like the disciplinary sections, to pronounce the following sorrows:

  • Of the sorrows morals:
    • warning,
    • blames;
  • Of the suspensions:
    • temporary exclusion of a student,
    • suspension of a teacher;
  • Of exclusions and prohibitions:
    • final exclusion of a student, even prohibition to be registered with all new examination;
    • final revocation of a teacher, even prohibition to teach.

As prohibitions can be heavy, it is expected that the CNESER can raise the sanctioned people of them (to exempt some). This time, he judges in first and the last arises, i.e. only can raise of prohibitions the people to him who would have been condemned by a disciplinary board and would not have appealed.

The decisions of the CNESER ruling with regard to disciplinary matters are published in the official Bulletin of State education . They can be the subject of a Pourvoi in cassation in front of the Council of State.

The teaching hospital personnel is judged by a distinct jurisdiction. The nonteaching personnel of higher education is not either submitted in front of the CNESER and is subject to the general rules of discipline of the public office.

Jurisprudence relating to the CNESER

  • Council of State, 4th and 1st joined together sub-sections, November 3rd, 1999, 203748, Zurmely : “The disciplinary actions applicable to the users of the public corporations of university education comprise in particular the final exclusion of any public establishment of higher education and the total ban to pass any examination leading to a title or diploma delivered by such an establishment; that these sanctions are likely to deprive the interested party of freedom to reach the professions subjected to a condition of diploma, which revêt character of a civil law within the meaning of the above mentioned stipulations of the 1 of article 6 of the European Convention of safeguard of the human rights and fundamental freedoms; that thus the provisions of article 14 of the decree of November 14th, 1990, expect that the meetings of the formations of judgment of the National council of higher education and research are not public, ignore the aforementioned stipulations”

See too

Related articles

External documentation

external Bonds :
  • Code of education
  • Page of the CNESER on the site of the ministry
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