03 - France - Specific legislative framework

The law of 26 January 1984, known as the Savary law, sets out the principles of the current organisation of French higher education, notably integrating, in article 20, the notion of "contract" in the higher education domain. The ministerial circular of 24 March 1989has enabled the gradual overall implementation of the contractual policy.

The new law of 10 August 2007 relative to the freedom and responsibilities of universitiesis the pivotal point of the reform, over five years, undertaken by the ministry in charge of higher education.

In addition, the contractual policy has supported the implementation of the main reforms in the higher education system over the last few years:
  • It was through contractual negotiations that the LMD system was created and applied to tertiary education and research in Europe. All institutions have redesigned their offering to accommodate the new system by the start of the 2006 school year.
  • The entry into force of the new organic law on finance law makes contracts even more important in the relationship between the State and institutions of higher learning.
Other legal decisions enable these institutions to assert their identity while complying with a consistent national policy, for example:
  • Ministerial Decree no. 2002-482 of 8 April 2002on applying the construction of a European tertiary education system to the French tertiary education system (Journal Officiel of 10 April 2002, Bulletin Officiel of 25 April 2002), modified. The first three articles of the decree have been adopted into code (cf. Article D123-12 to 14: "Construction of a European tertiary education system" of the Code of Education, regulatory section, book 1, title 2, chapter 3, section 3). The objective of the decree is to establish a permanent framework for institutions of tertiary education through new training, in order to smooth the transition from the regulation governing the current organisation of tertiary education and a new organisation, in compliance with the objectives and missions set forth in Articles L. 123-1 to L. 123-9 of the Code of Education and in preparation for the European tertiary education system;
  • Ministerial Order of 23 April 2002on university studies leading to a licence. The programmes are composed of six semesters, organised by field and offered in both initial and continuing education formats. They are governed by the objectives defined for the following degrees:
    • General university studies degree (DEUG) and licence,
    • Multi-discipline licence,
    • Licence in public administration,
    • University degree in technology (DUT),
    • Diplôme d’études universitaires scientifiques et techniques(DEUST) (university degree in scientific and technical studies),
    • Vocational licences,
    • National interpreter/guide degree;
    • Universities can also create programmes targeting new objectives, either at the licence or intermediate level.
    • The order of 25 April 2002 on the master’s degree (amended by the Ministerial Order of 30 April 2002) (JO of 27 April and 2 May 2002). The master’s degree is awarded for initial and continuing education programmes with a dual objective:
      • prepare students, via doctoral studies, for a research career;
      • provide them with a curriculum leading to a high-level qualification and professional integration.
    • The order of 25 April 2002on doctoral education. Education in research, innovation and doctoral studies is provided in doctoral schools certified by the minister in charge of higher education as part of the contrat d’établissement. This education, lasting for three years following the national masterqualification or based on a similar and acknowledged level, leads to a doctorate following the successful presentation of a thesis;
    • The decree of 11 May 2005on the delivery of degrees in the context of an international partnership and the Ministerial Order of 6 January 2005 on international thesis co-supervision, are focused on assisting the construction of the European tertiary education and research system, and on developing international cooperation.
    • The order of 7 August 2006on doctorate programmes;
    • The "framework protocol" of 28 November 2007, signed by the Prime Minister, the minister in charge of higher education and the first vice-president of the Conference of university presidents, with a view to a national contract for university success. This agreement guarantees a 50% increase in university budget in five years, i.e. one billion Euros per year to reach fifteen billion Euros in 2012.

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Date: 2009
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