Law 9/2016, From June 28Th, For The Creation Of The Agency Of Quality Of Higher Education In Andorra (Aqua)

Original Language Title: Llei 9/2016, del 28 de juny, de creació de l’Agència de Qualitat de l’Ensenyament Superior d'Andorra (AQUA)

Read the untranslated law here: https://www.bopa.ad/bopa/028042/Pagines/CGL20160714_11_37_50.aspx

CGL20160714_11_37_50 law 9/2016, from June 28th, for the creation of the Agency of quality of higher education in Andorra (AQUA) Law 9/2016, from June 28th, for the creation of the Agency of quality of higher education in Andorra (AQUA) since the General Council in its session of 28 June 2016 has approved the following: Law 9/2016 , from June 28th, for the creation of the Agency of quality of higher education in Andorra (AQUA) preamble on 22 November 2006, the Government created the higher education quality agency of Andorra by the Decree on approval of the regulation by which regulates the creation and functioning of the Agency of quality of higher education in Andorra. This regulation was amended by the Decree of 14 July 2009.
To ensure independence, transparency, professionalism and international recognition of the quality of higher education in Andorra (AQUA) and, in this sense, the adaptation to the spirit of the law of higher education, June 12, 2008, the AQUA maintains the main objectives that had entrusted by law 12/2008, of higher education, but modifies the structure and happens to be an institution of public law. "Also change substantially the composition of its governing body, called the Committee Director of the AQUA, and makes it more plural with the inclusion of representatives of the General Council, the private sector and of the students. The chairmanship of this Committee the president of the Legislative Commission of the General Council in charge of higher education. This is the most modification that has been made following the trends of the European space of higher education (EEES) included in the governing bodies of the agencies all the players involved in the University process. The General Council appoints the director of the AQUA in the proposal of the Minister responsible for higher education. This appointment requires a qualified majority of two-thirds of the General Council. The AQUA economically depends on the budget assigned by the General Council. The execution of its budget is subject to the financial control of the Court of accounts.
These changes allow the AQUA adapt to the standards of the European space of higher education and continue working to guarantee the quality of higher education that takes place in Andorra.
The law is divided into three chapters. The first establishes the purpose, objectives and functions of the creation of the Agency of quality of higher education in Andorra. The latter regulates the economic and patrimonial regime of the Agency and the third deals with the Organization and its operation.
The law introduces a transitional provision that establishes the permanence of the AQUA Manager, you can manage your budget, until the General Council named the director of the AQUA and approved by the corresponding budgetary transfer.
The repealing of Decree derogates approval of Regulations by which regulates the creation and functioning of the Agency of quality of higher education in Andorra, of 22 November 2006, and the Decree of 14 July 2009 that modify it. Derogates also any rule of rank less than or equal to contradict this law.
Finally the final provisions first, second and third which requires the amendment of article 66, paragraph 2, of the Act 12/2008, of June 12, of higher education; entrust the regulatory development of this law and fix the entry into force of the law.
Chapter first. Purpose, objectives and functions Article 1. The Law aims at the creation of the Agency of quality of higher education in Andorra (AQUA), as well as the regulation of your criteria of incorporation and functioning.
Article 2. The Agency's definition of quality of higher education in Andorra is an institution of public law that adjusts its activities to administrative law.
Article 3. Quality and evaluation of quality of higher education in Andorra, safeguards the quality of higher education in Andorra with the demands of quality and rigour due to the social and labour demands. The system of evaluation is the tool to adapt higher education in the framework of the European space of higher education, and must tend to the continuous improvement of their processes in higher education.
Article 4. The Agency's goals of quality of higher education in Andorra aims to evaluate, accredit and certify the quality of higher education in Andorra according to the principles of the European space of higher education, and the criteria set out in the European quality assurance standards Guides (European Standard Guidelines for Quality Assurance).
Article 5. Functions correspond to the quality of higher education in Andorra the following functions: 1. The evaluation of the quality of the studies leading to the obtaining of official titles and of the processes of higher education centres.
2. The accreditation of the quality of the studies leading to the obtaining of official titles and processes of the centers of higher education, within the framework of the European quality.
3. The certification of the quality of the studies leading to the obtaining of official titles and of the processes of higher education centres.
4. The evaluation, accreditation and certification of basic and applied research activities of universities.
5. The definition of guidelines, criteria and indicators for the evaluation of the quality, in the fields of higher education and research in line with European and international standards.
6. The preparation of studies for the improvement and innovation of models of evaluation, certification and accreditation.
7. the issuance of evaluation reports aimed at higher education institutions, in educational administration, the social actors and society in general.
8. The assessment of the educational administration, higher education centres and other institutions in the field of its functions.
9. The establishment of ties of cooperation and collaboration protocols with other foreign agencies have attributed functions of evaluation, accreditation and certification.
Second chapter. Financial and patrimonial regime Article 6. Economic regime

1. The quality of higher education in Andorra is financed with budgetary items that every year set for the budget of the General Council. You can also receive resources from the organisms evaluated and advised on the basis of the tasks performed.
2. The quality of higher education in Andorra, adjust your accounting public accounting regime.
3. The financial control of the Agency to the Court of Auditors.
Article 7. The Agency's estimate of quality of higher education in Andorra is made annually in its budget, which has been sent to the General Council.
Article 8. Equity scheme the Agency of quality of higher education in Andorra has an own heritage constituted by the goods and rights acquired or are donated or transferred to any person or entity.
Third chapter. Organisation and operation Article 9. Committee Director of the AQUA 1. The Committee Director of the AQUA is the body directing member of the higher education quality agency of Andorra.
2. The Committee Director of the AQUA is made up of the president and the Vice President of the Legislative Commission of the General Council in charge of higher education, the higher education Minister, a senior in the Department in charge of higher education, an international expert appointed by the Minister of the higher education and research, the rector of the University of Andorra, a rector of the other universities in the country a representative of the students of the universities of the country, the president of the Chamber of Commerce, industry and services of Andorra, or the person delegated by him, and the director of the Agency.
3. The president of this Committee is the president of the Legislative Commission of the General Council in charge of higher education. The Secretary of this Committee is the director of the Agency.
4. The decisions of the Committee Director of the AQUA are agreed by a majority of those present, which should always be more than half of the members. The Chairman of the Committee has a vote.
5. The Committee meets ordinarily, two times a year at least. At the request of the Chairman of the Committee, the director of the agency or of two of its members, the Committee Director of the AQUA can meet in extraordinary session.
Article 10. Functions of the Committee Director of the AQUA Are functions of the Committee Director of the AQUA: 1. Approve the program of activities, based on the achievement of the objectives and functions provided for in this law.
2. establish strategic priorities.
3. To approve the budget of the Agency and to the monitoring and the management of the budget awarded by the General Council.
4. To approve the annual activity report.
Article 11. Direction of the Agency of quality of higher education in Andorra 1. The General Council appoints the director of the Agency of quality of higher education in Andorra, at the proposal of the Minister of the higher education and research, by a qualified majority of two-thirds, for a renewable period of four years, with non-exclusive dedication provided that there is no manifest incompatibilities.
2. The director of the Agency of quality of higher education in Andorra must be in possession of a doctoral degree.
3. The director is responsible for coordinating the development of the actions proposed by the Committee Director of the AQUA to achieve policies and the strategic objectives of the Agency of quality of higher education in Andorra. It also is responsible for drawing up the draft budget of the Agency and an annual activities report and submit them for the approval of the Committee Director of the AQUA. Once approved the annual activities report that will be submitted to the Legislative Commission of the General Council in charge of higher education.
4. Regardless of the duration of the Office, the director may be dismissed by a qualified majority of two-thirds of the General Council on the proposal of the Committee Director of the AQUA.
Article 12. Administrative and technical staff, administrative and technical staff is hired by the director of the Agency of quality of higher education in Andorra and is governed by the code of labour relations.
Article 13. Incompatibilities 1. In the exercise of their functions as members of the Committee, none of the members can not get into conflicts of interest in relation to the functions attributed to it and also with regard to those that may arise from their professional activity.
2. The director of the Agency of quality of higher education in Andorra, as a member with non-exclusive dedication, it cannot enter into conflicts of interest in relation to the functions attributed to it and also with regard to those that may arise from his other professional activities.
Article 14. Working groups to carry out the actions proposed by the Committee Director of the AQUA, in accordance with the development of strategic priorities, the director can create working groups in which you can integrate both representatives of the subject evaluated as external experts, actors in the professional world, students and graduates of the training.
In any case, the composition of the working groups of the Agency must be suited to the established rules, the criteria and the international recommendations for the granting of certificates and the corresponding accreditation. The director of the Agency acts as coordinator of these working groups.
Article 15. Deontological principles of action 1. The Agency and the working groups that included acting in accordance with the principles of independence, transparency, professionalism and responsibility.
2. In the exercise of its functions, the Agency remains subject to the law of protection of personal data, of 18 December 2003, and possible modifications.
3. The reports of accreditation of higher education institutions and their study plans should be public.
Article 16. Criteria for external collaboration

1. To complete the tasks of the professional team of the Working Group, the director of the Agency can establish relations of collaboration with other organizations and foreign agencies that have attributed functions of evaluation, accreditation and certification. You have to prioritize the agencies that are members of the European Association for quality assurance in higher education (European Association for Quality Assurance in Higher Education (ENQA)) and/or registered in the European quality assurance Register for higher education (European Quality Assurance Register for Higher Education (EQAR)).
2. The evaluations and accreditations carried out by other agencies or bodies ' evaluation can be taken into account in the development of the functions established by the law.
In the framework of these relations, the Agency can agree on collaboration agreements with foreign entities. These agreements must authorize the Committee Director of the AQUA.
Article 17. Affiliation to international organizations With the aim to align the AQUA to the recommendations of the European area of higher education, the director of the Agency must evaluate the opportunity that the Agency will sign up to the EQAR and become a member of ENQA. These proposals must be authorised by the Committee Director of the AQUA.
The transitory provision of the Agency's director of quality of higher education in Andorra is in the budget and will have functions transferred by the Ministry of the higher education until the time when the General Council named the new director of the Agency of quality of higher education and approved by the corresponding budgetary transfer.
Repealing provision are repealed the Decree on approval of the regulation by which regulates the creation and functioning of the Agency of quality of higher education in Andorra, of 22 November 2006, and the Decree of 14 July 2009 that the edit, as well as the other provisions this law versus offline.
First final provision modifies the article 66, paragraph 2, of the Act 12/2008, of June 12, of higher education, with the following content: "Article 66. Quality assessment [...]
2. The quality of higher education is regulated by law, which includes operating rules which ensure, among others, independence, transparency, professionalism and international recognition. "
Second final provision empowers the Government to approve the statutory provisions that are necessary for the implementation of this law.
Third final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 28 June 2016 Monica Bonell Tuset General Subsíndica Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra