Key Benefits:
Bs. As., 30/7/97
VISTO Decree No. 173 of 21 February 1996 and
CONSIDERING:
That the above-mentioned rule provides as a driving body of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), a decentralized body under the MINISTERY OF CULTURE AND EDUCATION, a Board of Directors composed of the members designated by the procedure set out in article 47 of Act No. 24.521, alluding it in several of its articles.
That at the constitutive meeting of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU) its members unanimously resolved to manage a rule that partially modifies the articles of Decree No. 173/96 that refer to the aforementioned Board of Directors, since the introduction of this figure contributes to creating confusion about the true nature of the body, which creates Law No. 24.521.
That in order to achieve greater precision with respect to the fixing of their retributions, the members of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU) request the replacement of Article 6 of Decree No. 173/96 by a rule to be determined by the relevant agencies.
Moreover, article 47 of the above-mentioned Act No. 24.521 provides that members of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) shall be personalities of recognized academic and scientific hierarchy, which presupposes that they must have performance in educational management, institutions of higher education, public or private education and scientific research.
That the membership of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU) is not incompatible with any of the above-mentioned activities for functional and remunerative purposes.
That, also, and as requested by its own members, it is appropriate to remove the impediment to the re-election of the President of the body under article 10 of the Decree No. 173/96 already cited.
That the modifications requested by the body itself to the norm that regulates its functioning do not substantially alter the criterion that will inspire it, so if it is meant to contribute to its greater accuracy, it is reasonable to access the peticionado.
That, in view of the fact that the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU) issues Views which, by their very nature, are irrecurrible, should repeal article 9 of Decree No. 173/96, in order to eliminate imprecisions on the nature of the pronouncements of the body.
That, for the same purpose, it is necessary to amend articles 18 and 20 of that rule.
That it is therefore appropriate to amend Decree No. 173/96 by replacing the term "Council of Directors" by "NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION" to determine the bodies competent for the establishment of the remuneration of their members; to establish the regime of incompatibility that is applicable to them; to remove the impediment to the re-election of their President, to repeal article 9 and to modify the wording of article 20
That the present measure is determined in accordance with article 99, paragraph 2 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 los Replace Articles 2nd, 4th, 5th, 6th, 7th, 8th, 10th, 12th subparagraphs (a) and (g), 14, 18, 20, 24 and 28 of the Decree No. 173 of 21 February 1996, which shall read as follows:"ARTICULO 2o. El The government of the NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will be in charge of the members appointed by the procedure established by article 47 of Law No. 24.521, who shall be recognized personalities in the academic, scientific or institutional management field and shall exercise their functions in a personal and independent capacity."
"ARTICULO 4o. El The MINISTERY OF CULTURE And EDUCATION may convene the first meeting of the NATIONAL COMMISSION ON UNIVERSITARY ASSESSMENT AND ACREDITATION (CONEAU) when a minimum of SIETE (7) members had been appointed, without prejudice to the subsequent incorporation of the remaining members once they were nominated and appointed."
"ARTICLE 5o. . At the first meeting of the Commission that takes place with the total of its members, it will be decided by lot those who will stop the DOS (2) years in order to enable the partial renewal system."
"ARTICULO 6o. Las The retributions of the members of the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will be set by Joint Resolution of the Ministers of Culture and Education and of Economics and Public Works and Services in accordance with Article 3, paragraph (i) of Decree No. 101 of 16 January 1985, incorporated by its similar September No. 1716 of 1992. "
"ARTICULO 7o. . The member who will no longer attend THREE (3) consecutive sessions of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU) without justified cause, will be considered a waiver, having to be replaced by another chosen according to the procedure provided for in article 47 of Law No. 24.521. In addition, the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU), by the vote of the DOS TERCIOS (2/3) of its members, may request for substantial reasons that UNO (1) be replaced by its members who did not give due weight to their obligations, in which case the institution that nominated him should propose a new candidate".
"ARTICULO 8o. La The NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will injure the days that the body itself establishes in accordance with the work needs. Extraordinary meeting may also be convened at the request of any of its members. In order to injure the presence of at least half plus one of its members will be required, requiring an absolute majority of those present to adopt resolutions, except in the case of resolutions adopting binding final opinions, in which case they must be adopted with the vote of half plus one of the total members. In cases where Act No. 24.521 requires a non-binding view, the NATIONAL COMMISSION ON UNIVERSITARIAN ASSESSMENT AND ACREDITATION (CONEAU) will issue an opinion containing the majority view and total or partial dissents."
"ARTICULO 10. . The chairmanship of the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will be exercised by UNO (1) of its members designated by the vote of half plus one of its members, who will exercise the representation of the Commission and conduct the meetings of the body. The post will be executed by the term of UN (1) year, and its president may be re-elected. The same procedure and term shall designate UN (1) Vice-President to replace the President in the event of his absence."
"ARTICULO 12. El The Executive Director, who must have adequate and sufficient academic and management backgrounds for that post, will have basically the following functions:
(a) To attend the meetings of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU), with a voice but without a vote;
(b) Organizing evaluation and accreditation processes;
(c) To support the comprehensive work of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU);
(d) Organizing, directing and supervising the tasks of staff integrating the structure;
(e) To assist the members of the Commission;
(f) Organizing and coordinating mandatory specialization courses and seminars for members of the Couples Committee;
(g) To submit the proposed budget for the coming year to the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU);
(h) perform the other activities assigned to it by regulation.
"ARTICULO 14. . The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will form Advisory Commissions for each of its specific functions, composed of a variable number of members, all of them persons of recognized prestige and academic, professional or institutional management, chosen in consultation with the relevant university, academic, scientific, administrative, professional and business agencies. The members of the Commissions shall rotate periodically. In each Commission, at least one (1) member of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will participate. The Advisory Committees shall give opinions on each of the matters submitted to it by the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), without their binding nature."
"ARTICULO 18. ". Members of the Advisory Commissions and the Committees of Couples will receive the compensatory sums that, for each case and in accordance with the particularities of the work entrusted to them, set the Minister of Culture and Education, with the intervention of the TECHNICAL COMMISSION ASESORA DE POLITICA SALARIAL DEL SECTOR PUBLICO, where appropriate".
"ARTICULO 20. de The external evaluation processes currently underway or completed, in accordance with agreements between universities and the MINISTERY OF CULTURE And EDUCATION shall be deemed valid for the purposes provided for in Act No. 24.521."
"ARTICULO 24. Los The files in which requests for provisional authorization are processed for the operation of private universities which were, at the date of the sanction of Law No. 24.521, in a position to move to the Advisory Committee provided for in Articles 11 and 12 of Decree No. 2330/93, shall be referred to the NATIONAL COMMISSION OF EVALUATION and UNIVERSITARIA ACREDITATION for direct processing. The treatment that is deemed appropriate will be printed in the other procedures."
"ARTICULO 28. ". The Executive Director shall submit to the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) for its consideration and approval, within the SESENTA (60) days of constituted body, a draft internal regulation compatible with the provisions of Law No. 24.521 and those of this Decree".
Art. 2o . Please note that performance as a member of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) is not incompatible with any other educational activity or institutions of higher, public or private education and scientific research. Art. 3o el Article 9 of Decree No. 173 of 21 February 1996. Art. 4o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. Susana B. Decibe.