Translation of Franche code of education PRIVATE EDUCATIONAL ESTABLISHMENTS HIGHER

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  1. Lerner

    Lerner Well-Known Member

    Translation of Franche code of education

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    Pay attention to the law # Article L. 731-14

    CODE EDUCATION

    Third part: HIGHER EDUCATIONS
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    CONTAIN III - PRIVATE EDUCATIONAL ESTABLISHMENTS HIGHER
    Single chapter

    Article L. 731-1
    Any French or very national of another European Community Member State or another State left to the agreement on Space
    economic European, twenty-five years old, not having incurred any the incapacities envisaged by the article L. 731-7, as well as associations

    formed legally in a intention of higher education, can freely open courses and educational establishments
    superior, in the only conditions prescribed by this title.

    However, for the teaching of medicine and pharmacy, it is necessary to justify, moreover, of the requirements for the exercise of the professions of doctor or pharmacist.

    A decree as a Council of State determines the methods of application of this title.

    Article L. 731-2
    Associations formed to create and maintain the courses or educational establishments higher must draw up a declaration indicating
    names, professions and residences of the founders and administrators of the aforesaid associations, the place of their meetings and the statutes which owe them to govern.
    This statement must be made:
    1° With the vice-chancellor;
    2° With the representative of the State in the department;
    3° With the Attorney General of the court of the spring or with the public prosecutor.
    The complete list of the associates, with their residence, must be with the seat of association and be communicated to the parquet floor with any requisition of

    Attorney General.

    Article L. 731-3

    The opening of each course must be preceded by a declaration signed by the author of this course.

    This declaration indicates the name, quality and residence of the informant, the buildings where the courses will be made, and the object or various objects of

    the teaching which will be given there.

    It is given to the vice-chancellor in the departments where the chief town of the academy is established, and with the inspector of academy in the other departments.

    It is immediately given by it receipt.

    The opening of the course can take place only ten days frank after the delivery of the receipt. Any modification at the points which were the subject of

    primitive declaration must be made available of the authorities indicated with the preceding subparagraph. It cannot be taken action on the modifications

    projected that five days after the delivery of the receipt.


    Article L. 731-4

    The private educational establishments higher must be managed by three people at least.

    The declaration prescribed by the article L. 731-3 must be signed by the administrators appointed above; it indicates their names, qualities and

    residences, the seat and statutes of the establishment as well as the other statings mentioned with the article L. 731-3. In the event of death or of retirement

    one of the administrators, it must be carried out its replacement within six month. Opinion is delivered by it to the vice-chancellor or to the inspector

    of academy.

    The list of the professors and the program of the courses are communicated each year with the authorities indicated with the preceding subparagraph.

    Independently of the courses themselves, it can be made in the aforementioned establishments of the special conferences without it being necessary

    of preliminary authorization.

    Other formalities prescribed by the article L. 731-3 are applicable to the opening and the administration of the aforesaid establishments.

    Article L. 731-5

    Open educational establishments higher in accordance with the article L. 731-4, and including/understanding at least the same number of professors

    provided with the rank of doctor whom the establishments of the State which count less uses of professors of the universities, can take it

    name of free faculty, followed indication of their speciality, if they belong to private individuals or to associations.

    Article L. 731-6

    For the Faculty of Arts, sciences and of right, the declaration mentioned with the article L. 731-4 must establish that the aforementioned faculties have rooms of

    run, sufficient conferences and of work student percent at least and a special library.

    If it acts of a Faculty of Science, it must be established, moreover, that it has laboratories of physics and chemistry, cabinets of

    physics and of natural history in connection with the needs for the higher education.

    For the pharmacy and Faculty of Medicine or the pharmacy and medical schools, the declaration mentioned with the L.731-4 article must establish

    that the aforementioned faculties or schools lay out, in a hospital founded by them or placed at their disposal by publicly-owned establishments of health, of one hundred

    twenty beds at least usually occupied, for the three special clinical lesson: medical, surgical, obstétrical, and that it is provided

    moreover:

    1° Of rooms of dissection, provided with all that is necessary to the exercises of anatomy of the pupils;

    2° Of the laboratories necessary to the studies of chemistry, physics and physiology;

    3° Of the collections of study for the normal and pathological anatomy, of a cabinet of physics, a collection of instruments and apparatuses of

    surgery, of a garden of medicinal plants and a special library.

    If it acts of a special school of pharmacy, the declaration mentioned with the article L. 731-4 must establish that it has laboratories of physics,

    of chemistry, pharmacy and natural history, collections necessary to the teaching of pharmacy, a garden of medicinal plants and one

    special library.



    Article L. 731-7

    Are unable to open a course and to fulfill the functions of administrator or professor in a higher educational establishment

    deprived:

    1° the individuals who do not enjoy their civil laws;

    2° Those which underwent a judgment for crime or contrary offence with probity or manners;

    3° Those which are private by judgement of whole or part of the civil laws, civic and of family mentioned in article 131-26 of the penal code.
     
  2. Lerner

    Lerner Well-Known Member

    Article L. 731-8

    Foreigners nonamenable to another a European State or Community Member State left to the agreement on the Economic area

    European can be authorized to open courses or to direct private educational establishments higher after opinion of the council

    academic of national education.

    Article L. 731-9

    Any infringement with the articles L. 731-2 with L. 731-7 of 25000 F of fine is punished.

    Are liable to this sorrow:

    1° the author of the course, in the case envisaged with the article L. 731-3;

    2° administrators or, in the absence of administrators regularly made up, the organizers, in the cases envisaged by the articles L. 731-2, L.

    731-4 and L. 731-6;

    3° Any professor who taught in violation of the provisions of the article L. 731-7.

    Article L. 731-10

    In the event of infringement with the regulations of the articles L. 731-2, L. 731-3, L. 731-4, L. 731-5 or L. 731-6, the court can pronounce the suspension of

    run or establishment for a time which should not exceed three months.

    In the event of infringement with the provisions of the article L. 731-7, it pronounces the closing of the course and can pronounce that of the establishment. It is of

    even when a second infringement with the provisions of the articles L. 731-2, L. 731-3, L. 731-4, L. 731-5 or L. 731-6 is made in the current of

    the year which follows the first judgment. In this case, the delinquent can be struck, for one duration not exceeding five years, of the incapacity

    enacted by the article L. 731-7.

    Article L. 731-11

    When statements made in accordance with the articles L. 731-3 and L. 731-4 indicate as professor a struck person of incapacity or

    contain the mention of a contrary subject to the law and order or with the moralities, the public prosecutor can file opposition in the ten

    days. The opposition is notified to the person who made the statement. The demand for replevin is formed in front of the court of competent jurisdiction, that is to say by

    declaration written with the bottom of the notification, is by separated act, addressed to the public prosecutor. It is carried to next

    goes down for hearing.

    In the event of appeal in cassation, the recourse is formed in about fifteen the notification of the stop, by declaration at the clerk's office of the court; it is notified

    in the about eight, either with the part, or with the Attorney General, according to the case, the whole hardly of forfeiture. The recourse formed by the Attorney General
    is suspensive. The business is carried directly before the Supreme court of appeal.

    Article L. 731-12

    In the event of judgment for offence made in a course, the court can pronounce the closing of the course.

    The continuation involves the provisional suspension of the course; the business is carried to the next audience.

    Article L. 731-13

    I &emdash; The courses or private educational establishments higher always open and accessible to are delegated from the minister charged with

    higher education.

    The monitoring cannot relate to teaching that to check if it is not contrary with morals, the Constitution and the laws.

    II &emdash; the fact of refusing to subject itself to the monitoring, such as it is prescribed with I, is punished of 25.000 F of fine.

    In the event of repetition in the current of the year which follows the first judgment, the court can pronounce the closing of the course or of establishment.

    Article L. 731-14

    The private educational establishments higher cannot in no case to take the title of universities. Certificates of studies that one judges there with remarks to decree with the pupils cannot carry the titles of baccalaureat, licence or doctorate.

    The fact, for the person in charge for an establishment to give to this one the title of university or to make decree certificates carrying the title of

    baccalaureat, of licence or doctorate, is punished of 200.000 F of fine.

    Article L. 731-15

    Any judgement pronouncing the suspension or the closing of a course is executory by provision, notwithstanding call or opposition.

    All the administrators of the establishment are civilly and jointly persons in charge for the payment of the fines pronounced against one or

    several of them.

    Article L. 731-16

    In the event of extinction of a recognized higher private educational establishment, either by the expiry of the company, or by revocation of recognition of public utility, the goods acquired by donation inter vivos and provision because of death make return to the givers or to
    successors of the givers and testators, in the order regulated by the law and, in the absence of successors, in the State.

    The acquired goods subject to payment deal with the State, if the statutes do not contain in this respect any provision.

    It is made use of these goods for the needs for the higher education by decree in Council of State, after opinion of the national Council of higher education and of research.

    Article L. 731-17

    Provisions of the articles L. 443-2 with L. 443-4 are applicable to the private schools of higher technical teaching.

    http://www.cnt-f.org/fte/dossiers/juridique/Code_Education_020.html

    Learner
     
    Last edited by a moderator: Aug 19, 2005
  3. kcfile

    kcfile New Member

    Thank you for your work done, Learner. From the above Article 731- 14, does it mean French private higher education cannot grant degree titles? If it is right, what is the role play of them, e.g. to grant diploma titles?
     
  4. Jack Tracey

    Jack Tracey New Member

    It's not a particularly good translation. Aside from that, I'm wondering what it is supposed to signify and why Lerner has posted it? C'mon Lerner, give us a summary (along with some relevance). Also, there's no citation, no link, nothing to indicate the origin of this text.
    Jack
     
    Last edited by a moderator: Aug 20, 2005
  5. Jack Tracey

    Jack Tracey New Member

    Sorry, my mistake about the link being missing.
    Jack
     
  6. DesElms

    DesElms New Member

    Don't plan on ever really getting to the bottom of it, either.

    I thought I'd let someone else ask Lerner WHAT THE DAMNED POINT IS this time so that they don't think I'm just picking on them. Lerner -- both of them -- are like Col. Flagg on M*A*S*H: Just one red herring after another, after another, after another, after...

    :rolleyes:
     
  7. Lerner

    Lerner Well-Known Member

    Gregg hi,

    You are like the agent in the Matrix movie.
    Are you programmed to react on my posts :)

    There has been only one Learner posting here and you know that.

    yes, my point is based on the law it apears that private schools that are not universities can't award degrees.

    If there is better translation I would enjoy reading it and it is interesting if ecole Adam Smith is braking Franche law.

    Learner
     
  8. DesElms

    DesElms New Member

    Lerner -- at least one of them -- is like the best straight man a comic could ask for. I hope this august body appreciates the restaint I've shown here not responding to the above with the devastatingly clever one-liner that first flashed through my mind upon reading it.

    ;)
     
  9. Jack Tracey

    Jack Tracey New Member

    You know, I don't know much about VAE or Adam Smith or French law. I do know that you can't clearly state the interpretive meaning of a law if you're basing your opinion on a poor translation of that law. I know enough about the law to say that quite often determinations are based on the subtle interpretations of specific words and phrases. Providing even an excellent interpretation of the wriiten law does not tell you anything about how it has been interpreted by the courts in specific cases. Nosborne! Is that what is meant by "case law?"
    It's not how the law is written that counts. It's how the law is interpreted and applied in real life that counts.

    In any case, Lerner, do me a favor. Don't ask people to slog through this boring stuff without telling them why that might be worth their time and energy.
    Jack
     
  10. Lerner

    Lerner Well-Known Member

    Since when you are the peoples speaker?

    Gregg I appriciate your restrain, my coments were not negative and in good spirit, I had a smily next to it.

    And I'm 100% sure that there are people that like my post.
    I did anticipate that there will be a posibilty for criticism and took it in to account when I posted here.

    There were numerius requests on this site for the content of the French law, specially from Sorbone - Alain.

    I never seen it posted here, so I share it with readers, and I'm sure that some appriciate wile others never satisfied.

    Not that I'm looking for someones approval.

    But this post may help someone who may fall in to trap of unrecognized VAE mill in France.

    So do me a favor Jack don't read my borring posts unless you
    you are willing to be less grumpy.

    Learner
     
    Last edited by a moderator: Aug 20, 2005
  11. Lerner

    Lerner Well-Known Member

    Original


    Article L. 731-14

    Les établissements d'enseignement supérieur privés ne peuvent en aucun cas prendre le titre d'universités. Les certificats d'études qu'on y juge à

    propos de décerner aux élèves ne peuvent porter les titres de baccalauréat, de licence ou de doctorat.

    Le fait, pour le responsable d'un établissement de donner à celui-ci le titre d'université ou de faire décerner des certificats portant le titre de

    baccalauréat, de licence ou de doctorat, est puni de 200.000 F d'amende.





    Article L. 731-14

    The private educational establishments higher cannot in no case to take the title of universities. Certificates of studies that one judges there with

    remarks to degree with the pupils cannot carry the titles of baccalaureat, licence or doctorate.

    The fact, for the person in charge for an establishment to give to this one the title of university or to make decree certificates carrying the title of

    baccalaureat, of licence or doctorate, is punished of 200.000 F of fine.
     
  12. DesElms

    DesElms New Member

    I'm afraid I have to agree with Jack, Lerner... as is usually the case, just generally; and in this case, particularly.

    Of course it stands to reason that Lerner's posting was long. It was, after all, a team effort.

    :p
     
  13. Lerner

    Lerner Well-Known Member


    Yes,

    The good doctor cloned multiple Learners, one goes to work another spends all day on Degreeingo, another one is in London and one more in Italy :).

    Happy multiplicity :)
     
  14. kcfile

    kcfile New Member

    It is always good to learn different educational systems and laws of different countries.
     
  15. Bill Huffman

    Bill Huffman Well-Known Member

    I had the exact same thought as Jack. I appreciate you answering the query in the post that I quoted from. I agree with Jack and Gregg that it would have probably been better to answer that question in the very beginning of the thread as part of your original post.

    Regards,
    Bill
     
  16. Lerner

    Lerner Well-Known Member

    I aknolage my error, now 3 persons made the same remark and I must be wrong.

    i did provide the link and a short question in the beginning, this time, so I improoved, will continue post better strucctured posts so people can understand why i post it.

    Learner
     
    Last edited by a moderator: Aug 20, 2005
  17. uncle janko

    uncle janko member

    azoi al di luftmenshn

    Is big varying of English from post to post. I canot acknoolege is because is tired. Is too big variation. Wen I first come to this country I want be inginieur and now we are them so I now a beyond standard deviation wen I see them.
     
  18. ..and ery wunce in a wile I forgit who I is and becomen that Azad dood agin....
     
  19. DesElms

    DesElms New Member

    Well, that's certainly not the criteria. Just 'cause two or three or even twenty or thirty people share the same opinion doesn't make it right. When it comes to allowing oneself to be impressed by numbers of people sharing similar opinions, always remember this little anecdotal object lesson:
    • If you've ever been to a professional baseball game when the stadium is full, then you know what roughly 30,000 people looks like. That's alot of people, right? If that many people all agreed on something, you'd have to ask yourself if they must be right, right?

      Wrong. In 1968, when Apollo 11 landed on the moon and Neil Armstrong hopped down off the ladder and uttered his famous, "One small step for man..." words, pollsters at the time estimated that some 30,000 Americans believed that the whole thing was a hoax; that it was faked in a television soundstage in a big aircraft hangar somewhere in the desert (the revelation of which, incidentally, sparked the idea for a motion picture about 10 years later).
    So never forget: Even when as many as thirty thousand (30,000) people all agree on something, it don't (or at least may not) mean squat!

    And, really, you don't need an anecdotal object lesson from 1968 to know that. Heck, all one has to do it notice what's popular on TV, or who this country elected president, to realize that millions of people can all agree, and it still don't mean squat!

    Wrongness and stupidity tends to travel in herds.

    That said, the three people who influenced you to your opinion in this thread were, in fact, correct. So, in this case, several with a shared opinion did mean squat. Sometimes the herd wins.

    That would certainly be nice. Thank you.

    Back to Apollo 11 for a comedy moment, I stumbled onto the following parody that I thought everyone might enjoy (Warning: Rated "R" for strong language):

    http://www.blogjam.com/neil_armstrong/

    :p
     
    Last edited by a moderator: Aug 20, 2005
  20. Lerner

    Lerner Well-Known Member

    So Carl_Reginstein
    what you had your dosage of Mein Kampf today.

    "Thus men without exception wander about in the garden of Nature; they imagine that they know practically everything and yet with few exceptions pass blindly by one of the most patent principles of Nature's rule: the inner segregation of the species of all living beings on this earth."

    Though an inventor, for example, establishes his fame only on the day of his invention, it is a mistake to think that genius as such entered into the man only at this hour-the spark of genius exists in the brain of the truly creative man from the hour of his birth. True genius is always inborn and never cultivated, let alone learned.
     
    Last edited by a moderator: Aug 20, 2005

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