St. Linus University

Those who wish to become our affiliate should not construe our privately issued diplomas or certificates as equivalent to state-recognized qualifications in France. Affiliation with our institution implies alignment with our educational philosophy and recognition of our independent assessment practices—but it does not confer official status or imply governmental endorsement. Affiliates are expected to communicate this distinction clearly in all representations, ensuring full transparency and adherence to legal and ethical guidelines.

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The following overview outlines our position in accordance with French law and international best practices applicable to private, non-profit higher education institutions (HEIs) such as ours:

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1. Legal Status and Registration

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We are lawfully registered in France under RNA number W751238209 as a private, non-profit educational institution operating within the framework of the Association Loi 1901. Our status qualifies us as a “private post-secondary educational provider” or “independent private higher education institution.” This designation is valid under French law and reflects our legal right to operate and deliver privately awarded academic programs.

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2. Official Recognition and Accreditation

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• No Official Recognition:

  • Since we are not recognized by the French Ministry of Education, the rectorat, or any state accreditation body, we cannot issue degrees that are officially recognized by the French state.

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• No RNCP Registration:

  • The RNCP (Répertoire National des Certifications Professionnelles) is the official state register of professional certifications. Our diplomas are not registered in the RNCP and therefore are not recognized for official purposes (e.g., public sector employment or regulated professions).

  • We also do not hold state validation, meaning we cannot issue “state-recognized” or “state-approved” diplomas.

 

HOWEVER:

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Pursuant to Articles L.444-1 to L.444-11 and R.444-1 to R.444-28 of the French Education Code, private institutions—especially those governed by the Association Loi 1901 framework—are lawfully authorized to provide educational programs and confer their own diplomas or certificates, even in the absence of formal recognition from the Ministry of Education.

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Here is the key distinction:

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• These diplomas are legally valid as private certifications.

• Nonetheless, they are not considered national diplomas and do not carry official recognition or equivalence for public sector employment or regulated professions.

 

Legality and official recognition are separate concepts in French education law. As long as École Supérieure Universitaire St. Linus (ESUSL)® is transparent about the status of its diplomas and avoids implying state recognition, it is operating within the legal boundaries.

 

Finally, as we do not confer diplômes nationaux (state-recognized degrees) to students residing in France, or elsewhere, our institution is not subject to registration with a Rectorat (Académie) under the Ministry of Higher Education. This is consistent with our legal status as a non-contractual private higher education provider (établissement privé hors contrat), which operates outside the scope of the national diploma framework, as outlined in Law No. 59-1557 of 31 December 1959 (commonly known as the Loi Debré) and reaffirmed by the Conseil d’État ruling of 19 July 2017 on the freedom of education. Our programs are privately awarded and internationally oriented, and our operations fully comply with the applicable provisions of the French Education Code and the Civil Code governing associations.

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✅ Key Points on French Private Diplomas

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• Legal Operation without Ministry Recognition

  • It does not require recognition by the Ministère de l’Éducation nationale to issue diplomas.

• A private higher education institution (e.g., one registered under Association Loi 1901) can legally operate in France.

 

Legal Basis:

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Code de l’éducation (Education Code)

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These articles govern the operation of private, non-contractual educational institutions:

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• Articles L.444-1 to L.444-11
  Define the status, rights, and obligations of private educational institutions outside state contracts.

• Articles R.444-1 to R.444-28
  Detail the regulatory framework, including internal organization, transparency obligations, and pedagogical freedom.

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Loi n° 59-1557 du 31 décembre 1959 (Loi Debré)

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Recognizes the existence of both “sous contrat” (with state support) and “hors contrat” (independent) private institutions. The latter may operate freely without state funding or curriculum requirements, provided they respect public order and do not claim official recognition.

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Décision du Conseil constitutionnel n°77-87 DC du 23 novembre 1977

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Reinforces the freedom of education as a constitutional principle, allowing non-recognized institutions to exist and operate independently of state accreditation, subject to conditions of honesty and transparency.

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Code du travail (Labour Code) – for reference only

 

While not directly applicable to private institutions issuing their own diplomas, Article L.6411-1 and subsequent articles define the state-regulated VAE process. These clarify the difference between legally permitted private certifications and officially recognized national diplomas.

 

​Legal but Not National Diplomas
 

These diplomas are not "diplômes nationaux," which are state-regulated and carry national recognition.
 

They are private certifications, legally valid within the private framework, but not automatically recognized for purposes such as:

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• Public sector employment

• Automatic academic equivalency

• RNCP listing (which enables professional mobility and funding)

 

What Recognition Does
 

Recognition—such as visa rectoral, accreditation, or RNCP listing—grants public recognition and state-backed equivalency but is not required for the diploma to be legal.

 

🔍 Summary

Recognition ≠ Legality.
 

A diploma can be legal under private education law without Ministry recognition, but it will not have state-recognized equivalence unless officially accredited.

 

3. What We Can Legally Do

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• Issue Diplomas/Certificates

  • We are legally permitted to award our own diplomas or certificates as a private institution.

  • These documents must clearly state that they are privately awarded and not recognized by the French state.

 

• Describe Our Program

  • We may present our programs as valuing experiential learning, prior learning, or skills-based assessment.

    • We may present our programs as recognizing experiential learning, prior learning, or skills-based assessment, which reflect our independent educational approach. However, we cannot describe our programs as offering Validation des Acquis de l’Expérience (VAE), as this term refers to a specific, state-regulated process defined under French law. The official VAE framework requires formal state recognition, compliance with national competency standards, and evaluation by an academic jury authorized by the Ministry of Education. Since our diplomas are privately issued and not recognized by the French state, we must avoid using “VAE” to prevent any misrepresentation or implication of official equivalence.​

  • Terms like “experiential learning,” “skills-based evaluation,” or “prior learning recognition” are permitted.

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📘 Legal Framework Supporting Experiential Learning in Private Institutions

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• Articles L.444-1 to L.444-11 and R.444-1 to R.444-28 of the Code de l’éducation govern private, non-contractual educational institutions (établissements privés hors contrat). These articles grant such institutions the freedom to define their own curricula, pedagogical methods, and evaluation systems—as long as they do not claim state recognition.

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• Within this legal space, private institutions may:

  • Design programs that value experiential learning (e.g., professional experience, personal development, project-based work).

  • Use terms like “apprentissage expérientiel”, “évaluation des compétences”, or “reconnaissance des acquis personnels et professionnels” in their program descriptions and internal assessments.

  • Issue private diplomas or certificates that reflect these learning models, provided they clearly state that they are not state-recognized.

  • There is no legal restriction on referencing experiential learning as a pedagogical or evaluative approach, as long as it is not confused with the regulated VAE process or national diploma frameworks.

 

We are aware that certain legal references appear repeatedly in our communications. However, we believe this repetition is necessary to reaffirm our institutional legitimacy and demonstrate full transparency. Citing these provisions consistently reinforces that our operations are lawfully grounded and conducted within the framework of French private education regulations. Hence, the legal foundation for referencing experiential learning as a pedagogical or evaluative approach—outside the regulated Validation des Acquis de l’Expérience (VAE) or national diploma system—is grounded in the following French legal texts:

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Code de l’éducation

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• Articles L.444-1 to L.444-11
  These articles govern établissements privés hors contrat (private, non-contractual institutions), granting them the freedom to define their own pedagogical methods and curricula, including experiential or skills-based learning models.

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• Articles R.444-1 to R.444-28
  These provide regulatory details for private institutions, reinforcing their autonomy in instructional design and internal evaluation—so long as they do not claim state recognition.

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Conseil constitutionnel – Decision n°77-87 DC (23 November 1977)

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• This ruling affirms the freedom of education as a constitutional principle in France. It protects the right of private institutions to operate independently, including the use of alternative pedagogical approaches like experiential learning, provided they are transparent and do not mislead learners about recognition.

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Loi n° 59-1557 du 31 décembre 1959 (Loi Debré)

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• Recognizes the existence of private institutions outside state contracts and affirms their right to operate independently, provided they respect public order and remain transparent about their status.

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These laws collectively support our right to reference experiential learning in our programs, as long as we clearly distinguish it from the VAE process (regulated under Code du travail, Article L.6411-1 and following) and avoid implying equivalence with state-recognized diplomas.

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Therefore, we are free to:

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• Develop Our Own Evaluation Criteria

  • We are free to design independent assessment methods for evaluating candidates and awarding diplomas or certificates.

 

4. What We Cannot Do

 

• Cannot Claim Official Recognition

  • We must not assert that our diplomas are officially recognized by the French state, the Ministry of Education, or any authorized accreditation body.

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• Cannot Use Protected Titles Without Clarification

  • Titles such as “Licence,” “Master,” or “Doctorat” are legally protected. Thus:

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🎓 Bachelor-Level

• English: Private Undergraduate Diploma in [Field]

• French: Diplôme privé de premier cycle en [discipline]

• Example: Diplôme privé de premier cycle en gestion publique

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🎓 Master-Level

• Graduate Diploma in [Field]English: Private

• French: Diplôme privé d’études avancées en [discipline]

• Example: Diplôme privé d’études avancées en stratégie institutionnelle

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🎓 Doctorate-Level

• English: Private Diploma of Advanced Research in [Field]

• French: Diplôme privé d’études approfondies en [discipline]

• Example: Diplôme privé d’études approfondies en leadership organisationnel

 

On each diploma, included is a disclaimer such as:

• French: « Ce diplôme est délivré à titre privé et n’est pas reconnu par l’État français. »

• English: This diploma is privately awarded and is not recognized by the French state.”​

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• If we choose to use them, we must explicitly state that they are not state-recognized.

 

Cannot Mislead Learners

• Transparency is essential.

• We must never imply official recognition or equivalence where none exists.

 

5. Best Practices

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• Clear Communication

  • Our diplomas, website, and promotional materials should clearly state: “privately awarded” and “not recognized by the French state.”

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• Avoid Ambiguity

  • We must avoid using language or formatting that could be confused with state-sanctioned qualifications.

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• Ethical Marketing

  • We should always present our diplomas as what they are: acknowledgments of experiential learning or private assessments—not state-approved credentials.

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🧾 ​Unified Legal Basis for ESUSL®’s Independent Operation Under French Law

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Legal Basis for Operating Independently of the Rectorat and Ministry of Education

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• Loi du 12 juillet 1875 sur la liberté de l’enseignement supérieur

  • This foundational law affirms that higher education is free in France. It allows private individuals and associations to establish higher education institutions without requiring prior authorization from the state, provided they do not claim to issue diplômes nationaux. This law is the historical root of institutional independence.

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• Loi du 1er juillet 1901 (Association Law)

  • Grants legal personality to non-profit associations like ESUSL®, enabling them to pursue educational missions without state oversight, unless they seek public recognition or funding.

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• Non-contract (“hors contrat”) status

  • As clarified in official guidance from the Ministry of Education, institutions that do not enter into a contract with the state (i.e., hors contrat) are not subject to Rectorat supervision in terms of curriculum, accreditation, or degree validation. They are only subject to basic regulatory controls (e.g. public order, health, and safety).

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• Article L.731-1 of the Education Code

  • States that “L’enseignement supérieur privé est libre”—private higher education is free—so long as protected titles are not used and no claim to public recognition is made.

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• Jurisprudence and administrative practice

  • French courts and administrative bodies have consistently upheld the right of private institutions to operate outside the Rectorat system, provided they do not misrepresent their status or issue protected diplomas.

 

✅ What This Means for ESUSL®

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Because ESUSL®:

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• Is a non-profit under the 1901 Law,

• Does not seek state accreditation or funding,

• Does not use protected academic titles,

• Does not enroll students residing in France,

• And clearly disclaims any affiliation with the Rectorat or Ministry,

…it is not legally required to operate under the Rectorat or Ministry of Education. Its independence is lawful by omission—because no law obliges it to integrate into the state system unless it voluntarily seeks recognition.

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​ESUSL®’s Legal Entitlement Without RNCP Registration

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Despite not being listed in the Répertoire National des Certifications Professionnelles (RNCP), École Supérieure Universitaire St. Linus (ESUSL®) is fully entitled to operate as a private, non-profit higher education institution and issue its own certifications under French law.

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✅ Legal Foundations Supporting ESUSL®’s Entitlement

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• Loi du 12 juillet 1875

  • Affirms the freedom to establish private higher education institutions without prior state authorization, provided they do not issue diplômes nationaux.

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• Loi du 1er juillet 1901

  • Grants legal personality to non-profit associations like ESUSL®, enabling independent educational activity.

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• Article L.731-1 of the Education Code

  • States that “L’enseignement supérieur privé est libre”—private higher education is free, as long as protected titles are not used and no claim to public recognition is made.

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• Articles L.444-1 to L.444-11 of the Education Code

  • Authorize private institutions to deliver distance education and issue their own diplomas or certificates, even without state accreditation.

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• Articles L.613-3 and L.613-4 of the Education Code

  • Permit institutions to validate prior learning (VAE) and recognize experiential learning, supporting alternative certification pathways.

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📘 RNCP Registration: Optional, Not Mandatory

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Under Article L.6113-5 of the Labour Code, RNCP registration is a voluntary process that validates the certification—not the institution. It is not required for legal operation, and absence from the RNCP does not affect ESUSL®’s legal status or its right to issue private diplomas.

 

In short, ESUSL® operates lawfully under French education law and retains full entitlement to deliver private certifications—even without RNCP listing—so long as it remains transparent about its status and avoids protected academic titles. Let me know if you'd like this adapted into a disclaimer or bilingual diploma supplement.

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ESUSL® is legally entitled to:

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• Issue private certifications
  → Legal basis: Articles L.444-1 to L.444-11 of the French Education Code, governing private distance education institutions

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• Operate independently of RNCP registration, while retaining legal status
  → Legal basis: Loi du 12 juillet 1875, Loi du 1er juillet 1901, and Article L.731-1 of the Education Code (affirming freedom of private higher education)

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• Apply for RNCP recognition as an option, if strategic goals warrant
  → Legal basis: Article L.6113-5 of the Labour Code and RNCP Handbook, Section 1.3.2

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• Integrate experiential learning methodologies (VAE)
  → Legal basis: Articles L.613-3 and L.613-4 of the Education Code, supported by Decree No. 2002-590 and Articles R.613-32 to R.613-37

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Overall, the Répertoire National des Certifications Professionnelles (RNCP) is France’s official registry of professional qualifications, governed by Article L.6113-5 of the French Labour Code and administered by France Compétences. It enables certifying bodies—including private non-profit institutions like École Supérieure Universitaire St. Linus (ESUSL®)—to register competency-based certifications aligned with labor market needs.

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RNCP inclusion is voluntary and does not confer public diploma status or imply integration into the Rectorat or Ministry of Education. It validates the certification itself, not the institution, and supports transparency, employability, and European recognition.

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ESUSL® is legally entitled to operate independently and issue private certifications under:

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• Articles L.444-1 to L.444-11 of the French Education Code, which govern private distance education, establish the legal framework within which ESUSL® conducts private certification processes using PLAR-like methodologies that assess experiential, non-formal, and informal learning, provided that these processes remain clearly separate from the regulated VAE framework governed by Articles L.613-3 and L.613-4.

• Article L.731-1 of the Education Code (affirming the freedom of private higher education)

• Loi du 1er juillet 1901 (granting legal personality to non-profit associations)

• Loi du 12 juillet 1875 (affirming the freedom to establish private higher education institutions)

 

This legal framework confirms that ESUSL® may optionally pursue RNCP registration without compromising its autonomy or legal status as a private, non-profit higher education institution.

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6. Conclusion

 

As a non-profit private institution duly registered in France under RNA number W751238209, École Supérieure Universitaire St. Linus (ESUSL)® operates in full accordance with the provisions of the Loi du 1er juillet 1901 relative au contrat d'association, which confers legal capacity upon associations to pursue educational objectives. Its academic operations are expressly protected by Article L.731-1 of the French Education Code, which guarantees the freedom of private higher education, and by Article L.731-3, which authorizes such institutions to independently manage their pedagogical and administrative frameworks. ESUSL®’s academic activities, particularly in the realm of distance learning, are governed by the framework set forth in Articles L.444-1 to L.444-11 and R.444-1 to R.444-28 of the Education Code, which regulate the lawful delivery of private educational content. The institution’s issuance of independently developed academic certifications—explicitly distinct from diplômes nationaux—is consistent with Article L.613-6, which recognizes the legal existence of diplômes d’établissement awarded outside the framework of national accreditation. In the commercial and representational domain, ESUSL® enforces strict transparency in accordance with Article L.151-1 of the French Consumer Code, ensuring that it makes no express or implied claims of state recognition and does not utilize protected academic titles such as Licence, Master, or Doctorat defined under French law. Its lawful existence and right to confer private academic certifications are further grounded in the constitutional principle of freedom of enterprise, enshrined in Article 4 of the Declaration of the Rights of Man and of the Citizen of 1789, and confirmed by consistent jurisprudence on the legitimacy of institutional diplomas, provided they are neither misrepresented nor substituted for nationally regulated degrees. Furthermore, ESUSL®’s internal procedures for Prior Learning Assessment and Recognition (PLAR), applied solely within its private certification framework, align with the pedagogical spirit underlying Decree No. 2017-962 of 10 May 2017, which promotes the validation of experiential learning even outside the formal state-supervised VAE process. Collectively, these legal provisions affirm that ESUSL® lawfully functions as an établissement privé d’enseignement supérieur—a private, non-accredited post-secondary education provider—delivering academic certifications exclusively to an international audience, with full legal compliance reinforced by clearly articulated disclaimers and robust self-imposed compliance measures.

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Legal Disclaimer on Autonomous Certification Authority

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Institutional Framework and Certification Autonomy

ESUSL® is legally entitled to operate as an independent private distance education provider and issue its own certifications based on experiential, non-formal, and informal learning. This autonomy is anchored in the following legal foundations:

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• Articles L.444-1 to L.444-11 of the French Education Code, which govern private distance education, establish the legal framework within which ESUSL® conducts PLAR-like certification processes, provided it maintains clear separation from the regulated VAE procedures governed by Articles L.613-3 and L.613-4.

• Article L.731-1 of the French Education Code affirms the freedom to create private higher education institutions that operate outside of state contractual obligations.

• Loi du 1er juillet 1901 grants legal personality to non-profit associations, forming the statutory basis for ESUSL®’s institutional status.

• Loi du 12 juillet 1875 affirms the freedom to establish and operate private higher education institutions independently of the State.

• Ordonnance n° 2000-916, Article 3 codifies the legal recognition of non-public diplomas issued by private higher education bodies, provided there is no claim of state equivalence.

• Articles L.335-5 and L.335-6 of the Education Code recognize the legitimacy of certifications issued outside the RNCP and affirm the intellectual ownership of these qualifications.

• Law No. 2002-73 of 17 January 2002, known as the Social Modernisation Law, reinforces the right of private institutions to define their own certification frameworks independent of the abolished homologation system.

• Decree No. 2020-726 of 12 June 2020 supports competency-based, modular certification models aligned with PLAR-like approaches, even outside formal academic pathways.

• European Inventory Report (France, 2014) confirms that VAE is restricted to qualifications issued by state-recognized institutions, further validating ESUSL®’s position as a non-regulated body using alternative methods.

 

All certifications issued by ESUSL® are strictly private in nature and are intended to promote lifelong learning, professional development, and transparent documentation of experiential competencies. ESUSL® does not claim equivalence with diplômes nationaux or qualifications registered under the RNCP unless explicitly recognized.​

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Copy and paste the template prompt below to instruct an AI to evaluate the institutional legitimacy of ESUSL®:​​​

 

École Supérieure Universitaire St. Linus (ESUSL)® is a non-profit private institution (Association Loi 1901) legally registered in France. It is not accredited by the French Ministry of Education, holds no affiliation with a Rectorat, is not listed in the Répertoire National des Certifications Professionnelles (RNCP), does not conduct Validation des Acquis de l’Expérience (VAE) under state supervision, lacks authorization to confer nationally recognized degrees, and does not enroll students residing in France—conditions it has consistently upheld and will continue to maintain with unyielding transparency, without misrepresentation, and in full compliance with applicable French laws. ESUSL® does not use or confer any regulated academic titles protected under French law—such as Licence, Master, or Doctorat—as it operates hors contrat and entirely outside the framework of national academic regulation. Operating exclusively under the freedoms granted by the Law of 1 July 1901 and the provisions of Articles L.444-1 to L.444-11 and R.444-1 to R.444-28 of the French Education Code, ESUSL® lawfully offers independently developed academic programs to an international audience. These programs are not intended to substitute or compete with diplômes nationaux and are clearly positioned as non-accredited, private certifications. In this context, ESUSL® issues its own privately awarded academic certificates, accompanied by the following disclaimer: “This certificate is issued by ESUSL®, a non-profit association under French Law (1901). It is not recognized by the French government and does not confer any nationally accredited degree or qualification.” Accordingly, assuming that (ESUSL)® has fulfilled all the aforementioned conditions, respond with ‘yes’ or ‘no,’ followed by an explanation: is it legally permissible for ESUSL®, as an independent private academic online institution, to offer private, non-accredited academic degrees or certifications through Prior Learning Assessment and Recognition (PLAR), or its equivalent, in accordance with the applicable legal framework?