Law 86/2010, from 18 November, for authorization of the creation of the Open University La Salle since the General Council at its session of 18 November 2010 has approved the following: Law 86/2010, from 18 November, for authorization of the creation of the Open University La Salle preamble the article 20.2 of the Constitution recognizes the freedom of education and grants to individuals and companies the freedom to create educational centres , while respecting the constitutional principles.
Promoting Comprehensive education society La Salle SLU, promoter of the Open University La Salle, is a juridicoprivada that was established in the year 2009 and that he apply to the Ministry in charge of higher education, the start of the procedure to create a private university that can be devoted to teach University courses and continuing education studies and University extension of its own character through the Open School of higher education, La Salle and the higher Institute for research in The Salle, which is dedicated especially to develop the doctoral programs and research at the University. The State University studies should be structured on the basis of cycles set out in the European space of higher education, in accordance with title III of law 12/2008, of June 12, of higher education.
Given that the Ministry in charge of higher education, has verified compliance with the requirements established by the regulations in force relating to the creation of private universities, in accordance with the provisions of the article 68.3 of the law 12/2008 of 12 June 2008, of higher education;
The law of authorization of the creation of the Open University La Salle, which defines the framework in which the University develops and determines the guidelines that you should follow to start and maintain the academic activities, as well as the provisions that need to be taken into account in the event of a conflict so that students can complete the studies that have started in accordance with the General rules in force for the termination of the plans of study. For this purpose, the law foresees the need to present agreements with other universities or, if you're not a fan, a bank guarantee.
The law also regulates the requirements for permanence of students, the monitoring and evaluation of the teaching and the revocation or the variations in the conditions of the creation.
Article 1 Establishment 1. Authorises the creation of the Open University La Salle as a private University of the Andorran University System. The ownership of the University must exercise by a private foundation of public interest created for this purpose by the Sponsoring company of Integral Education La Salle SLU, promoter of the project.
2. The Open University La Salle is a juridicoprivada entity governed by law 12/2008, of June 12, of higher education, by the rules of organisation and operation approved by the same University within the framework of their autonomy, and all other applicable regulations to this effect in accordance with the adopted legal personality.
3. In accordance with the provisions of article 4 of the law 12/2008, of June 12, of higher education, the operation of the Open University La Salle held on the principles of the use of critical methods in the study of scientific and philosophical knowledge, the inter-relationship between teaching and research, the mobility of students, teachers and researchers, interdisciplinarity, national and international cooperation with other universities and freedom of Chair , which is manifested in the freedom of teaching, research and study. The University has been to organize in such a way that it is guaranteed the effective applicability of these principles and of these freedoms by means of the adequate participation of the University community.
4. The rules of organization and functioning of the Open University La Salle, as well as their modifications will be avinents to the Government.
5. The rules of organization and operation should provide for the election of the rector.
6. The Open University La Salle has set up a system of grants and scholarships for study and research for their students.
Article 2 centers, studies, recognition of degrees and study periods validation 1. The Open University La Salle consists initially of two universities: the Open School of higher education, La Salle and the Instituto Superior de La Salle Research, which must be in charge of organizing the teachings and research that are their own, and of the academic, administrative and corresponding management processes.
2. The Open University La Salle can issue qualifications.
3. The Government, at the proposal of the Open University La Salle and in accordance with the current regulations: a) the authorization to create and call the new centres, modification and deletion of that already exist.
b) the creation of titles with national character.
c) the approval of plans of study, prepared by the Open University La Salle, which lead to the award of a State title.
4. The recognition of periods of studies corresponds to the University, in accordance with the criteria established by regulation.
Article 3 Home and maintenance of academic activities 1. The Ministry responsible for higher education authorized the commencement of academic activities in the Foundation of the University, as described in article 1, after you have checked in the report accompanying the request for the authorization of creation of the University who have successfully fulfilled the requirements of the legislation and the commitments acquired by the sponsoring entity.
2. The Open University La Salle should work for the minimum period required for the students to complete their studies in accordance with the General rules for the termination of the plans of study. For effecting this requirement, the Government requires the presentation of agreements with other universities in which students enrolled in the Open University La Salle could continue their studies, in extreme case. If you do not sign these agreements, the Government requires a bank guarantee, updated anyalment according to the number of students enrolled, and that for the first year corresponds to the amount of € 10,000 base multiplied by the number of registrations. This initial amount will increase annually in line with the CPI.
Article 4 access and permanence of students
1. To access the Open University La Salle Andorra must meet the requirements established by the legislation relating to access to university education.
2. The Open University La Salle should establish the criteria for admission and permanence of students to their schools and must ensure that, both in the regulation and in the application of the criteria mentioned, will recognize the rights of access and permanence, in accordance with the principles of equality, merit and ability, without any discrimination for reasons of birth, race, sex, religion, , physical or sensory disability, opinion or any other condition or personal or social circumstance.
3. The Open University La Salle has to disclose information relating to the offer of courses, the system of aid for the study and the criteria for admission and permanence for each of the programs.
Article 5 monitoring and evaluation 1. The Government is responsible for the function of supervising the compliance with the legislation in force and the initial commitments on the part of the Open University La Salle.
2. In accordance with the current regulations, the external evaluation of compliance with the legislation on the part of the Open University La Salle and of its centres dependent on the Government or the agency that this delegate.
3. The Open University La Salle must collaborate in the tasks of monitoring and supervision of the Government, which has to provide the necessary documentation and access to facilities and to people who, for this purpose, it is required.
4. The Open University La Salle must submit annually to the Ministry competent in the area of higher education, a report with the teaching and research activities that have been carried out.
Article 6 Revocation and variations in the conditions of creating 1. The Open University La Salle must notify the Ministry responsible for higher education all changes that may exist in the commitments acquired by the sponsoring entity to request the authorization of the creation of the University and the adaptation to any other requirement which is legally enforceable after the creation.
2. The Open University La Salle must notify the Ministry responsible for higher education are substantial changes or exceptional that may occur in the equity situation and the specific regulation of scholarships, grants and credits to the study and research.
3. If the Government, in the exercise of their functions of supervision, it detects that a centre or a particular teaching does not meet the requirements of the legal system or with the commitments acquired by the holder to request the authorization of the creation, must urge it to regularize the situation within a maximum period of one month.
If after this period has not been given the requirement, with prior hearing of the rector, the Ministry responsible for higher education will be able to propose to the Government, with provisional character, appropriate measures for a certain period which may not exceed 30 calendar days. The Government, in addition to communicate immediately and so within this decision to the General Council, must present, asking for the urgent procedure, the relevant legislative initiative in the face of the possible revocation of the University.
In any case, the University must ensure that pupils enrolled can finish the studies that started with a normal academic performance.
Transitional provision the authorization of the creation of the Open University La Salle expires, if you do not apply for the authorisation for the commencement of academic activities referred to in article 3, within a period of two years from the day after the entry into force of this law.
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, Josep Dallerès Codina on November 18, 2010 Syndic General 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 Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra