The Council of State has canceled a provision of the programming law for research which prevented the granting of premiums for academics exercising in addition a liberal profession. A decision that poses an ethical debate within the teachers community.
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The case has been completed, like a good argument. Before the Council of State, the little – but influential – community of academics practicing in parallel as a lawyer and legal consultant won a battle against the Ministry of Higher Education. On September 28, the high administrative court canceled a provision of the programming law for research, carried by the former Minister of Higher Education, Frédérique Vidal, promulgated on December 24, 2020.
A decree arising from this law provided that teachers who exercise a liberal profession in addition to their obligations of university services cannot claim premiums newly established by the “compensation regime of teacher-researchers” (RIPEC). This allocates to teachers a statutory part, according to their grade, as well as a functional part, between 6,000 and 18,000 euros per year, as a reward for the exercise of supervisory responsibilities within the faculties.
Piqué by what they assimilated to an injustice, about fifteen teachers and lecturers who exercise in liberal as consultants and lawyers immediately sharpened their legal and written arguments – simple formality – several appeals, for excess of power, before the Council of State.
In its judgment of September 28, the Council of State gives them entirely reason, both for obtaining the statutory part and on the functional part of the RIPEC, on the grounds that the difference between academics exercising a liberal profession and Those who do not pursue such an activity in addition to their main activity has no relation to the subject of the text establishing these allowances. In addition, the attacked decree creates a difference in treatment between academics contrary to the principle of equality.
“moralization” of cumulativeness
The Ministry of Higher Education must therefore restore in their rights “cumulative”, numerous in law faculties, but also, on the fringes, teachers in psychology, management or sports disciplines, with private consultation firms . “Victory is total,” said Laurent Gamet, one of the applicants, lawyer and dean of the law faculty of Paris-Est Créteil University (UPEC), where more than half of the troops also exercise in Liberal.
The fact remains that the decision, which has the attire of equity, poses ethical questions in the university environment. A living – sometimes very well – in the private sector should not exclude these teachers from the advantages of civil servants? “It is very ancient tradition that, in these cases of cumulation, those interested cannot access certain levels or allowances, because they have accessory income, often high, and do not devote the whole of their free time To do research – in principle half of their working time, “explains Bernard Toulemonde, associate of public law, former professor at the University of Lille.
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