Agreement In Accordance With Article 15A B-Vg Between The Federal Government And The Province Of Upper Austria Governing The Establishment And The Operation Of A Medical School And The Establishment Of Studying Medicine A...

Original Language Title: Vereinbarung gemäß Art. 15a B-VG zwischen dem Bund und dem Land Oberösterreich über die Errichtung und den Betrieb einer Medizinischen Fakultät und die Einrichtung des Studiums der Humanmedizin a...

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18. Agreement in accordance with Art. 15a B-VG between the Federal Government and the Land of Upper Austria on the establishment and operation of a medical faculty and the establishment of the study of human medicine at the University of Linz

The National Council has decided:

The conclusion of the present agreement pursuant to Art. 15a B-VG is hereby approved.

The Federal Government, represented by the Federal Government, represented by the Federal Minister for Science and Research and the Federal Minister for Finance, as well as the Land of Upper Austria, represented by the Governor of the Federal State, have agreed to be in accordance with Article 15a (1), (3). Clause B-VG to conclude the agreement below.

Article 1

Subject of the Agreement

(1) In addition to the legal and budgetary tasks of the Federal Government, the agreement is the subject of the agreement and the financial participation of the Province of Upper Austria in the establishment and operation of a Faculty of Medicine, as well as on the the implementation of the study of human medicine in the form of a Bachelor/Master degree (including a PhD degree based on it) in accordance with paragraph 3 at the University of Linz.

(2) The prerequisite for the establishment and operation of a medical faculty as well as for the establishment and implementation of the study of human medicine at the University of Linz is the conclusion of a cooperation agreement between this university and the Medical University of Graz, or-after the agreement with the Federal Minister for Science and Research-another Austrian university medical institution for the joint implementation of the study programme § 54 (9) University Act 2002-UG, BGBl. I n ° 120, in the version of the Federal Law BGBl. I No 176/2013).

(3) The study of human medicine at the University of Linz will begin in the academic year 2014/15 and will be gradually established. The number of first-year students should initially be 60 per academic year, with each second of the following years increasing by a further 60, and therefore with the academic year 2022/23 the final expansion of 300 . Of these, the first two (pre-clinical) years of study will be the first two (pre-clinical) years of study, based on the cooperation in accordance with paragraph 2 of the Medical Faculty, of which 60 and from the third year of study up to 120 of these first-year students are respectively first. University of Graz or any other Austrian university medical institution. Within the scope of this cooperation, practical dissecting exercises in anatomy will also be performed for all students at the Medical University of Graz or any other university medical facility.

(4) In so far as the Federal Government, the Land and the University of Linz agree that the funds provided for under this Agreement are to be implemented in full implementation of the programme of studies in human medicine (including the PhD studies) or The University of Linz is entitled to reduce the number of first-year students per year of study in the course of the operation of the Faculty of Medicine, or if it comes to delays in building construction.

Article 2

Obligations and authorities of the Federal Government

(1) The Federal Government undertakes to create the budgetary conditions required by the federal law and in accordance with its financial capabilities (Section 12 (1) UG) to ensure that the University of Linz, with the participation of the Medical University, Graz or any other Austrian university medical institution (§ 54 para. 9 UG) to establish the study of human medicine (including a PhD study based on it) in accordance with the provisions of the University Act 2002 as well as the the necessary organisational structures, in particular: A medical faculty with a clinical area, can erect and operate.

(2) The Federation shall fulfil its obligations in such a way that it shall:

1.

in order to adapt the University Act 2002 to the possibility of establishing a medical faculty at a university required federal legal steps and the applicability of the Federal Act on hospitals and Kuranstalten (KAKuG), BGBl. No. 1/1957, also for a Faculty of Medicine,

2.

create the legal requirements according to § 7 paragraph 3 UG for the establishment of the study of human medicine (including a PhD degree course based on it) at the University of Linz,

3.

in coordination with the financial participation of the Land of Upper Austria, the financial conditions for the establishment and for a progressive establishment, in accordance with Article 1 (3), of the financial conditions for the establishment and the the development of the studies mentioned under Z 2,

4.

by way of derogation from Article 3 (1), (2), (3), (4) and (7), the cost of acquisition and installation of large-scale research equipment of a gross amount not exceeding EUR 18.4 million, as well as the cost of maintenance and reinvestment thereof,

5.

in coordination with the financial participation of the Province of Upper Austria within the framework of the future performance agreements with the University of Linz, also the requirements for teaching and research operations at a medical faculty of the university Linz, including the costs of the participation of the Medical University of Graz or any other Austrian university medical institution in the course of studies (Art. 1 (2) and (3), and to this end from 2014, the following shall be taken into account in the list of "Path and development steps" in Appendix 1 the resulting amounts for the individual years in the respective performance agreement with the University of Linz and with regard to the cooperation activities in the respective performance agreement with the Medical University of Graz or another Austrian university medical institution; an exceedation of the respective in Appendix 1 the amounts shown shall be excluded on both sides,

6.

In accordance with Section 29 (4) (4) (1) and (5) of the UG, the University of Linz empowers the University of Linz staff working in institutions of a future Faculty of Medicine to participate in the performance of tasks of the University of Linz in accordance with Art. 3 (3). 1 Z 1, as well as, if necessary and specific requirement, be made available by the legal entity of this hospital staff of the University to participate in the hospital establishment.

(3) The amounts to be made available by the Federal Government pursuant to paragraph 2 Z 5 are based on the value 2014 and shall be valorised according to the consumer price index (VPI) starting from this base year 2014. To the extent that personnel costs are included in this amount, the valorisation shall take place in accordance with Section 12 (3) of the UG.

(4) The benefits provided for in paragraph 2 shall be deemed to have been fulfilled by the federal government in accordance with § 55 KAKuG.

(5) The Federation shall be entitled to commission third parties with the performance of its obligations under this Agreement, and shall inform the Land of Upper Austria thereof.

Article 3

Obligations and authorizations of the Province of Upper Austria

(1) The country shall meet its obligations in such a way as to ensure that:

1.

in cooperation with the state capital of Linz, using the areas and facilities of the General Hospital of the City of Linz, the Landes-Frauen-und Kinderklinik Linz as well as the Landes-Neuroklinik Wagner-Jauregg Linz, a public Institute of the University of Linz, which is also responsible for research and teaching in the University of Linz (§ 2a para. 2 KAKuG and § 29 para. 1 UG),

2.

in the area provided for this hospital, plan, carry out and finance the new, complementary and rebuilding structures, together with the initial facilities (costs of supply, installation and initial equipment and any financing costs), which are to be paid to the Future teaching and research activities of the University of Linz in the clinical subjects of human medicine (study of human medicine, including a PhD study based on it) are necessary,

3.

In the vicinity of this hospital, the construction measures, including the initial facilities, are planned, carried out and financed (property, installation and initial installation costs, as well as any financing costs), which are intended for future teaching and research operations The University of Linz in the non-clinical subjects of human medicine (study of human medicine including a PhD degree based on it) as well as for the administrative and service tasks of the University of Linz related to this course of study necessary,

4.

In the measures according to Z 3, the subject Anatomy, including the field of light logistics, also includes according to the respective state of science, insofar as the University of Linz does not have the appropriate facilities of the Medical University of Graz or one of the following institutions: are available to other Austrian university medical facilities, respectively can be used by it and there is no other cooperation agreement for that purpose,

5.

The Federal Government and the University of Linz are continuously incorporated into the plans according to Z 1 to 4, as well as the organs of the Federal Government and the University of Linz in the bodies to be set up for the fulfilment of these obligations of the country (in particular: (a) the seat and the voice, together with the full information right, shall be granted in so far as matters relating to or affect the interests of university teaching and research are dealt with,

6.

The University of Linz, at the term of the contract, the full and unpaid right of use to all persons responsible for carrying out the university teaching and research work in human medicine, together with the administrative and service tasks associated with them. to provide the necessary buildings, spaces, facilities and equipment,

7.

for the buildings, spaces and facilities referred to in Z 2 to 4, the costs of maintenance and reinvestment necessary for the permanent protection of a current scientific standard, and any financing costs, shall be borne, unless paragraph 2 bis 4 to the contrary regulations.

8.

the staff of the legal institution of the hospital referred to in Z 1 in principle to participate in the fulfilment of the teaching and research tasks of the institutions of the University of Linz, which are combined in the clinical field of the Medical Faculty , the specific staff in teaching and research activities shall be determined according to the requirements of the university establishment concerned, the qualifications of the staff members and the requirement by the relevant bodies of the University of Linz,

9.

In principle, the staff of the legal carrier of the hospital referred to in Z 1 shall also make available for the participation in the performance of teaching and research tasks in non-clinical subjects of the Faculty of Medicine, insofar as this is due to the the decision of the competent university bodies, taking into account the qualifications of the staff concerned, shall be subject to the requirements of the university institutions concerned,

10.

Cooperates with the University of Linz in the collection, documentation and evaluation of the mutual benefits according to business criteria (§ 29 paragraph 4 Z 2 UG),

11.

in the calculation of the additional costs in accordance with § 55 KAKuG, the Appendix 2 the provisions contained in this Agreement, unless otherwise provided for in this Article. The Appendix 2 is part of this agreement.

(2) In the foundation phase of the Medical Faculty of the University of Linz, the country fulfils its obligation pursuant to Section 1 (2) to (4) by investing 105,359,598 euros gross for new, supplementary and conversion facilities including the first institution. For these buildings, the federal government will be responsible for the maintenance and reinvestment costs according to "Path and expansion steps" in Appendix 1, starting in 2028 (which is ten years after the planned total completion). The Land of Upper Austria will transfer to the University of Linz the equivalent, but until 2027 (at the end of these ten years) of unused funds for these purposes to the University of Linz for inclusion in a dedicated reserve.

(3) Weiters provides the Land Oberösterreich with existing land, which the country can also lease from third parties at its risk, the University of Linz at its disposal and complies with this according to paragraph 1 Z 7 in one of the current scientific standard corresponding state. From 2028 onwards, the Federal Government will, by means of the University of Linz, provide the Land of Upper Austria with a maintenance and reinvestment fee of 1,555,089 euros gross for these areas, which for the year 2028 will be included in the amount according to "Path and expansion steps" in Appendix 1 is already included.

(4) The Land of Upper Austria shall ensure, by means of the measures provided for in paragraphs 2 and 3, that the University of Linz is at the disposal of the structural infrastructure necessary for the operation of a medical faculty.

(5) The Land is entitled to commission third parties with the performance of its obligations under this Agreement, and will inform the Federal Government thereof.

(6) Regardless of the obligations assumed in accordance with paragraph 1, provision shall be made for the performance of the tasks of providing health care for the hospital referred to in paragraph 1 (1), including the cost of establishing and maintaining the hospital ' s health care. as well as for the operation and re-investment, fully in the country's economic responsibility. The country will receive the hospital departments associated with the Clinical Area permanently in accordance with scientific standards, and will in particular bear the necessary maintenance and reinvestment costs, unless otherwise provided for in paragraphs 2 and 3 and in Article 2 (2) (4). It is therefore agreed that, with the exception of the federal contributions referred to in subsection (2) and (3) and Article 2 (2) (2) (4), for the establishment, maintenance, operation and re-investment of the existing hospital pursuant to paragraph 1 (1) (1) of this Article, No reimbursement of costs pursuant to § 55 KAKuG is to be made.

(7) If the legal entity of the hospital, in particular on the basis of § 55 KAKuG from the Federal Government or the University of Linz, request reimbursement of expenses for services to be provided by the Land under this Agreement, the Land shall keep the Federal Government or the Federal Republic of Germany the Federal Government or the Federal Government. The University of Linz shad-and klaglos.

Article 4

Dismissal

If the current operation of the Faculty of Medicine ends and the study of human medicine at the University of Linz will no longer be continued, the Federal Government or the Federal Republic of Germany shall have the right to: the University of Linz to vacate the areas under Art. 3 (1) (1) (1) to (4) within one year of the termination of the teaching and research operation.

Article 5

In-force pedals

(1) This Agreement shall enter into force 30 days after the end of the day on which:

1.

the requirements for the entry into force required under the Upper Austrian Constitution Act are met and the Federal Chancellery has received the country's communication on this, as well as

2.

the requirements for the entry into force required by the Federal constitution are met.

(2) The Federal Chancellery shall inform the country and the Federal Ministry of Science and Research immediately of the fulfilment of the conditions laid down in paragraph 1 and the date of the entry into force.

Article 6

Duration

(1) The Annex 2 to this Agreement shall, in any event, be applied until 2028, irrespective of the effect of an all-due regulation in accordance with § 56 KAKuG. For the period after 2028, Appendix 2 shall continue to be applied unless a regulation in accordance with § 56 KAKuG enters into force and is to be applied. Should a regulation repeal pursuant to Section 56 of the KAKuG, the Annex 2 shall be used again.

(2) The provisions of Art. 2 (2) (4) and (5), (3) and (4) and Article 3, with the exception of paragraph 1 (1), are not affected by the application and the effect of the regulation referred to in paragraph 1 and continue to apply unchanged on the duration of the contract.

(3) The agreement shall be concluded for an indefinite period and may only be amended or repealed by the two contracting parties.

Article 7

Deposit

This Agreement shall be drawn up in two original copies. The Federal Ministry of Science and Research and the Office of the Upper Austrian State Government will each issue a copy of the project. The Federal Ministry of Science and Research will be the Federal Ministry of Finance, the Magistrate of the City of Linz, the legal entity of the hospital referred to in Article 3 (1) Z 1 as well as the Rectorate of the University of Linz and the Federal Ministry of Education and Research. Send a copy to the Rectorate of the Medical University of Graz.

Appendix 1 : Annual cost presentation (including path and expansion steps) see annexes.

Appendix 2 : Calculation of the additional costs according to § 55 KAKuG (clinical additional expenditure) together with Tables A to F see annexes.

For the Federal Government:

The Federal Minister for Finance:

The Federal Minister for Science and Research:

Fekter

Deadly

For the Province of Upper Austria:

The Governor of the State:

Pühringer

The agreement shall enter into force on 29 March 2014 in accordance with its Article 5.

Ostermayer