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Decree no. 97-817 of 5 September 1997 establishing the Institut des hautes études de défense nationale as a public establishment

Decree no. 97-817 of 5 September 1997 establishing the Institut des hautes études de défense nationale as a public establishment

JORF no. 207 of 6 September 1997

NOR: PRMX9700107D

The Prime Minister,

On the report of the Minister for National Education, Research and Technology, the Minister for the Interior, the Minister for Foreign Affairs, the Minister for the Economy, Finance and Industry, the Minister for Defence and the Minister for the Civil Service, State Reform and Decentralisation,

Having regard to Order No. 59-147 of 7 January 1959 on the general organisation of defence ;

Having regard to the Finance Act for 1963 (No. 63-156 of 23 February 1963), as amended, and in particular Article 60 thereof;

Having regard to Act No. 72-662 of 13 July 1972, as amended, on the general status of military personnel ;

Having regard to Law no. 83-634 of 13 July 1983, as amended, on the rights and obligations of civil servants, together with Law no. 84-16 of 11 January 1984, as amended, on statutory provisions relating to the civil service;

Having regard to the decree of 25 October 1935 instituting financial control of autonomous State offices and public establishments;

Having regard to Decree No. 53-1227 of 10 December 1953, as amended, on the accounting regulations applicable to national public administrative establishments, together with Decree No. 62-1587 of 29 December 1962, as amended, on the general public accounting regulations;

Having regard to Decree No. 75-675 of 28 July 1975, as amended, on general discipline in the armed forces ;

Having regard to Decree No. 78-78 of 25 January 1978 establishing the powers of the Secretary General of National Defence ;

Having regard to Decree no. 85-986 of 16 September 1985 relating to the special status of certain positions of State civil servants and to certain procedures for definitive termination of service, amended by Decree no. 88-249 of 11 March 1988, by Decree no. 93-1052 of 1 September 1993 and by Decree no. 95-150 of 7 February 1995 ;

Having regard to Decree no. 92-681 of 20 July 1992, as amended, on the revenue and imprest accounts of public bodies;

Having regard to Decree No. 94-582 of 12 July 1994 on the boards and management of public establishments and public sector companies;

Having regard to the opinion of the Conseil supérieur de l'éducation of 20 February 1997 ;

Having regard to the opinion of the joint ministerial technical committee of the Prime Minister's departments dated 26 June 1997 ;

After hearing the Council of State (Finance Section),

Decree:

TITLE I

GENERAL PROVISIONS

Art. 1. - The Institut des hautes études de défense nationale (IHEDN) is a national public administrative institution with legal personality and financial autonomy. It is placed under the supervision of the Prime Minister.

Its registered office is at the École Militaire in Paris, and may be changed by a decision of the Prime Minister on a proposal from the Board of Directors.

Art. 2 - The Institute's mission is to bring together high-level officials from the civilian and military civil services and from other sectors of national activity, in order to deepen their shared knowledge of major defence issues.

In this capacity, the Institute may conduct studies and research and provide assistance to ministries and higher education and research establishments in the field of defence.

In liaison with the Minister for Higher Education, it helps to promote university defence teaching.

Art. 3 - Each year, the Institute organises a national session, regional sessions in the defence zones and advanced training, information and study courses.

It organises international sessions.

Art.4. - Persons admitted to attend the Institute's national and regional sessions are appointed by order of the Prime Minister on the recommendation of the Director of the Institute.

They are chosen from :

-magistrates and civil servants of at least the rank of 1st class civil administrator, whose applications are submitted by the ministers concerned. Category A civil servants with senior responsibilities may also be considered;

-officers with a rank equal to or higher than lieutenant-colonel or equivalent, proposed by the minister in charge of the armed forces; - civilians with major responsibilities in the nation's various sectors of activity. They are nominated by professional associations or by the candidates themselves for national sessions, and by the prefects of the defence zones concerned for regional sessions.

General and senior officers appointed to attend the session of the Centre des Hautes Études Militaires by decision of the Minister for the Armed Forces are automatically members of the Institute's national session.

Art. 5. Advanced training, information and study courses are open to people chosen by the Director of the Institute.

French participants in international sessions are designated by the authorities to which they report, while foreign participants are designated by the States or international bodies to which they report.

Art. 6. For the duration of the sessions, auditors following the Institute's various training cycles remain administered and remunerated by the ministries, bodies or companies to which they belong.

Civil servants, military personnel and employees subject to public law status benefit from the statutory provisions that govern them, particularly in terms of risk cover. Other participants are, for the duration of the sessions and only for the damage suffered, attached to the public service mission to which they are contributing, in the position of voluntary and occasional collaborators of the public service.

Art. 7 - At the end of the national and regional sessions, the title of former auditor may be conferred by order of the Prime Minister on persons who have attended the said sessions.

TITLE II

ADMINISTRATIVE ORGANISATION

Art. 8. The Institute is administered by a Board of Directors and managed by a Director.

Art. 9. The Institute's Board of Directors comprises seventeen members:

1. The Chairman appointed by decree ;

2. The Secretary General of National Defence ;

3. One deputy and one senator respectively appointed by the president of each assembly;

4. Eight State representatives appointed by the Prime Minister on the recommendation of the ministers concerned:

  • two representatives of the Minister for the Armed Forces ;
  • a representative of the Minister for Higher Education ;
  • a representative of the Minister for the Interior ;
  • a representative of the Minister of Foreign Affairs ;
  • a representative of the Minister for the Economy and Finance ;
  • a representative of the Minister for the Civil Service ;
  • a representative of the Minister for the Budget ;

5. The President of the Union of Auditors' Associations ;

6. Four qualified persons appointed by the Prime Minister, including :

  • two military personnel, nominated by the Minister for the Armed Forces ;
  • two former civilian auditors, nominated by the Secretary General of National Defence.

Members of the Board of Directors may not be deputised.

Art. 10. The term of office of appointed members of the Board of Directors is three years, renewable. The offices of Chairman and member of the Board of Directors are not remunerated.

The Director of the Institute, the Financial Controller and the Accounting Officer attend Board meetings in an advisory capacity.

The Chairman of the Board of Directors may invite any person whose presence he considers useful to attend all or part of Board meetings.

Art. 11. The Board of Directors determines the general direction of teaching, research and coordination in application of the Prime Minister's directives.

It approves the Institute's programmes and submits them to the Prime Minister for approval.

It adopts the Institute's budget and financial accounts, and authorises the disposal, acquisition and exchange of real estate, as well as legal action. It determines staff recruitment policy.

In general, it gives its opinion on any question submitted to it by its Chairman. It submits an annual report to the Prime Minister on the Institute's activities and operations. It submits recommendations to the Prime Minister for the promotion of defence education.

Art. 12. The Board of Directors is convened by its Chairman at least twice a year, and at the request of the Prime Minister or two-thirds of its members.

The Chairman sets the agenda for the meetings. Any other matter may be placed on the agenda at the request of one-third of the members of the Board of Directors.

The Board of Directors may only validly deliberate when more than half the number of members are present. If this quorum is not reached, the Chairman shall reconvene the Board within a fortnight; the Board's deliberations shall then be valid regardless of the number of members present.

Decisions are taken by majority vote of the members present. In the event of a tie, the Chairman has the casting vote. The Chairman notifies the supervisory authority of the Board's decisions. They are then enforceable within thirty days, subject to the provisions of article 21 of this decree.

Art. 13. The Director of the Institute is appointed by decree. He is chosen from among general officers or senior civil servants of equivalent rank. The director is assisted by a deputy appointed by decree who is chosen from among senior civil servants if the director is a general officer, and from among general officers if the director is a senior civil servant.

The Director manages the Institute in accordance with the guidelines laid down by the Board of Directors. He reports annually on his management to the Board of Directors. He exercises the powers not assigned to another authority by this decree, and in particular :

  1. It decides on the organisation, internal regulations and operating rules of the Institute;
  2. It prepares and implements the decisions of the Board of Directors;
  3. He represents the Institute in court and in civil matters;
  4. It prepares and implements the budget;
  5. He is the authorising officer for revenue and expenditure;
  6. It concludes contracts and agreements. It reports to the Board of Directors;
  7. He has authority over all those following the various training courses;
  8. With the exception of the Accounting Officer, it has hierarchical authority over the staff assigned to the Institute and disciplinary authority over the contract staff mentioned in Article 14 ;
  9. It fills the posts and functions of the public body;
  10. It prepares and submits to the Board draft recommendations designed to promote defence education.

The Director of the Institute may delegate his signature.

TITLE III

THE INSTITUTE'S STAFF

Art. 14. The Institute's staff includes public-sector employees on secondment, on leave of absence, hors cadres or placed at its disposal, as well as employees under contract.

The conditions under which staff are made available are set out in agreements concluded for this purpose.

TITLE IV

THE FINANCIAL ORGANISATION OF THE INSTITUTE

Art. 15. The financial and accounting rules defined by Decrees no. 53-1227 of 10 December 1953, no. 62-1587 of 29 December 1962 and by Article 60 of the Finance Act for 1963 (no. 63-156 of 23 February 1963) referred to above are applicable to the Institute.

Art. 16. The Accounting Officer is appointed by order of the Prime Minister and the Minister for the Budget.

Art. 17. The Institute's income includes in particular:-an annual grant from the State;-financial contributions from various ministries for specific actions organised for their benefit;-subsidies from public authorities and any public or private, French, foreign or international body;-resources from training activities, congresses, symposia and events that it organises and services that it provides;-income from the work it carries out and the publications it publishes; - income from donations and legacies and from employers' contributions to the financing of continuing professional education; - income from its movable and immovable property and, in general, all income authorised by the laws and regulations.

Art. 18. The Institute's expenses include staff costs, fees paid to lecturers and teachers, rental, equipment, operating, representation, maintenance and security costs and, in general, all expenses necessary for the Institute's activities.

Art. 19. - The services provided free of charge by the State to the Institute are provided under agreements concluded for this purpose.

Art. 20. Imprest accounts and imprest accounts may be set up by the Director of the Institute, with the agreement of the Financial Controller, under the conditions laid down by the aforementioned decree of 20 July 1992 and its implementing texts.

The administrators are appointed by the Director of the Institute with the approval of the Accounting Officer.

Art. 21 - Draft budgets and amending decisions, as well as draft resolutions with a financial impact not provided for in the budget, are sent to the Prime Minister and the Minister for the Budget at least fifteen days before they are presented to the Board of Directors.

Decisions relating to the draft budget and amending decisions, as well as those having a financial impact not provided for in the budget, are enforceable within fifteen days of their notification to the Prime Minister and the Minister responsible for the budget.

In the event of opposition, the Board of Directors has fifteen days to deliberate again. Following this new deliberation, if the disagreement persists, the decision is taken by the Prime Minister on the proposal of the Minister for the Budget.

Art. 22. - The Institute is subject to the financial control instituted by the aforementioned decree of 25 October 1935. The specific procedures for exercising this control are set by the Minister responsible for the budget.

TITLE V

MISCELLANEOUS AND TRANSITIONAL MEASURES

Art. 23. - The Institute retains the use of movable and immovable property belonging to the State and made available to it on the date of publication of this decree. An agreement concluded to this effect will specify, within six months of this date, the conditions under which the property will be made available.

Art. 24. The Director of the Institute in office on the date of publication of this decree shall remain in office until the appointment of the new Director made in accordance with the conditions laid down in article 13 of this decree.

It is responsible for preparing and presenting the budget for 1998, which will be approved by the Prime Minister and the Minister for the Budget, without prior deliberation by the Board of Directors if the latter has not been constituted.

Art. 25. - Decree no. 79-179 of 6 March 1979 on the statutes of the IHEDN and decree no. 61-291 of 30 March 1961 on the creation of an orientation and development committee for higher defence education are repealed.

Art. 26. - Article 6 of the aforementioned Decree of 25 January 1978 reads as follows:

"Art. 6 - By delegation from the Prime Minister, he is responsible for supervising the Institut des hautes études de défense nationale. It shall ensure the coordination of defence teaching.

Art. 27. - The Minister of National Education, Research and Technology, the Minister of the Interior, the Minister of Foreign Affairs, the Minister of the Economy, Finance and Industry, the Minister of Defence, the Minister of the Civil Service, State Reform and Decentralisation and the Secretary of State for the Budget are each responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

Paris, 5 September 1997.

By the Prime Minister : Lionel Jospin

Claude Allègre, Minister for Education, Research and Technology

The Minister for the Interior, Jean-Pierre Chevènement

The Minister for Foreign Affairs, Hubert Védrine

Dominique Strauss-Kahn, Minister for the Economy, Finance and Industry

The Minister for Defence, Alain Richard

Emile Zuccarelli, Minister for the Civil Service, State Reform and Decentralisation

The Secretary of State for the Budget, Christian Sautter