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...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995581/vereinbarung-gem-art.-15a-b-vg-zwischen-dem-bund-und-dem-land-obersterreich-ber-die-errichtung-und-den-betrieb-einer-medizinischen-fakultt-und-die-ein.html

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18 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 at the University of Linz

The National Council has decided:

The present agreement in accordance with section 15a B-VG is approved.

The Federal Government, represented by the Federal Government, these represented by Federal Minister for science and research and the Federal Minister for finance, as well as the province of Upper Austria, represented by the provincial Governor, have agreed, pursuant to article 15a para 1, 3. following agreement to close set B-VG.

Article 1

Subject of the agreement

(1) the organizational and the financial participation of the province of Upper Austria establishing and operating a medical faculty as well as the implementation of studying human medicine in the form of a Bachelor 's/master's degree course (including a related PhD studies) in accordance with paragraph 3, at the University of Linz are the object of the agreement in addition to the legal and budgetary tasks of the Federal Government.

(2) requirement for the establishment and operation of a medical school, as well as for the establishment and implementation of the study of medicine at the University of Linz is the conclusion of a cooperation agreement between this University and the Medical University of Graz or - after making the agreement with the Federal Minister for science and research - other Austrian University medical facility on the joint implementation of the study (section 54 paragraph 9 University Act 2002 - UG) , Federal Law Gazette I no. 120, as amended by Federal Law Gazette I no. 176/2013).

(3) the study of medicine at the University of Linz is to begin in the year 2014/15 and gradually be built up. The number of study beginners and students should first each be 60 per year with each second of subsequent academic years to more each 60 rise and therefore with the year 2022/23 reach the final stage of 300. Of which 60 are respectively first and from the third year up to 120 of this study beginners and students per academic year to complete the first two (pre-clinical) studies on the basis of the cooperation referred to in paragraph 2 at the Medical University of Graz or other Austrian University medical facility. In the framework of this cooperation, the practical dissection exercises in Anatomy for all students at the Medical University of Graz or other University medical facility will be made.

(4) if the Federal, the State and agreed to consider the University of Linz arrive, that the funds provided under this agreement do not allow a full implementation of the implementation of study of human medicine (including the related PhD studies) or the operation of the medical faculty, or there is construction delays in the implementation of, the University of Linz is entitled to reduce the number of study beginners and students per academic year.

Article 2

Obligations and privileges of the Federal

(1) the Federal Government is committed, the Federal and in accordance with its financial possibilities of performance (article 12, paragraph 1 UG) to create, the budgetary requirements that the University of Linz, with the participation of the Medical University of Graz or other Austrian University medical facility (§ 54 para 9 UG) in 2002 set up the study of Medicine (including a related PhD studies) according to the provisions of the law on University as well as the necessary organizational institutions , in particular a medical school with a clinical area, may establish and operate.

(2) the Federal Government will fulfill its obligations in such a way that it 1 2002 Federal steps is to adapt the University Act on the possibility of establishing a medical school at a University and the applicability of the Federal law on hospitals and sanatoria (KAKuG), Federal Law Gazette No. ensures 1/1957, also for a Faculty of medicine, 2. creates the legal conditions pursuant to § 7 para 3 UG for the establishment of the study of Medicine (including a related PhD studies) at the University of Linz , 3. in coordination with the financial participation of the province of Upper Austria for the institution and for one in accordance with article 1 paragraph creates the financial conditions 3 step by step or extension of the studies referred to in no. 2, 4. by way of derogation from article 3 para 1 carries the purchase and installation costs for the research - large machinery in the amount of at most EUR 18.4 million gross, as well as the conservation and re investment costs hiefür Nos. 2, 3, 4 and 7 , 5. in coordination with the financial participation of the province of Upper Austria in the framework of the future service agreements with the University of Linz also the requirements for the teaching and research at a medical faculty of the University of Linz, including the cost of participation of the Medical University of Graz or another Austrian academic medical institution to the carrying out of studies (article 1 para. 2 and 3) takes into account and to this end from the year 2014 from establishing "Path and extension steps" in plant 1 resulting amounts for each year in the performance agreement with the University of Linz, and with regard to the cooperative activities in the performance agreement of the Medical University of Graz and other Austrian University medical facility is available; Exceeded the amounts recorded in annex 1 will be mutually excluded, 6 in the meaning of § 29 para 4 Z 1 and paragraph 5 authorises UG the University of Linz, which facilities a future medical school working in staff of University Linz in principle also to contribute to the accomplishment of tasks which article 3 paragraph 1 hospital referred to to commit 1 Z as well as needs and concrete request by the legal entity of this hospital staff of the University to participate in the operation of hospital to provide.

(3) the amounts to be 2 Z 5 available from the Federal Government in accordance with paragraph based on the value of 2014 and be developed starting from this base year 2014 after the consumer price index (CPI). Staff costs included in this amount, the valorisation is UG article 12 par. 3 analogous.

(4) with the services referred to in paragraph 2, the reimbursement of costs of the Federal Government pursuant to article 55 shall be considered fulfilled KAKuG.

(5) the Federal Government is entitled to entrust third parties with the fulfilment of its obligations under this agreement, and will inform inform the province of Upper Austria.

Article 3

Obligations and privileges of the province of Upper Austria

(1) the country will meet its obligations in such a way that it serves 1 in cooperation with the city of Linz, using the areas and facilities of the General Hospital of the city of Linz, which built a public medical institution with its own legal entity country-women and children hospital in Linz and the State mental hospital Wagner-Jauregg Linz and which conducts research and teaching in the clinical area of the University of Linz (§ 2a para 2 KAKuG and article 29, paragraph 1 UG) , 2. on the site provided for this hospital new, complementary and tags along with the first facilities plans, carries out and finances (real estate, deployment and initial setup costs and financing costs), which are necessary for the future teaching and research activities of the University of Linz in the clinical subjects in human medicine (study of human medicine including a related PhD studies), 3rd in the near area of this hospital is planning the construction together with the first facilities , carries out and finances (real estate, deployment and initial setup costs and financing costs), for future teaching and research activities of the University of Linz in the non-clinical subjects of human medicine (study of human medicine including a related PhD studies) as well as related administrative and service tasks of the University of Linz are necessary for this study, 4th in the measures referred to in no. 3 also the specialised Anatomy including the corpse logistics according to the respective State of Science includes , as far as the University of Linz not the facilities of the Medical University of Graz or other Austrian University medical facility available, or can be used by you and no other agreement for this purpose is 5 which includes the Federal Government and the University of Linz in the plans in accordance with Z 1 to 4 as well as the institutions of the Federal Government and the University of Linz, in the setting up for the fulfilment of these obligations of the State bodies (in particular. Construction Advisory Board) admits seat and vote together with the full right to information, as far as matters be dealt with, which affect the interests of University teaching and research or touch, 6.

the University of Linz on the duration of the contract the unlimited and royalty-free usage rights at all to the implementation of University teaching and research operation in human medicine together with the corresponding administrative and service tasks necessary buildings, premises, facilities and equipment grants, 7 for the Z 2-4 listed buildings, rooms and facilities for the permanent backup of current scientific standards of necessary conservation and re investment costs as well as any financing costs carries , if not 2 to 4 contains the conditions prevail over regulations.

8. the staff of the legal entity of the hospital referred to in subpara 1 basically committed to contribute to fulfil the teaching and research tasks of facilities summarized in the clinical area of the medical faculty of the University of Linz, where the concrete personnel in the teaching and research activities is according to the needs of the concerned University institution, the qualifications of staff and of the request by the competent organs of the University of Linz , 9. the staff of the legal entity the hospital referred to in subpara 1 in principle also to contribute to fulfil the teaching and research tasks in non-clinical subjects of the medical faculty at the disposal is, where for it on the basis of the decision of the competent organs of the University, taking into account the qualifications of the staff concerned arises the concerned university institutions, 10 with the University of Linz, in the collection of , Documenting and assessing the mutual services according to business criteria (section 29 para 4 Z 2 UG) acts together, 11 in the calculation of the extra costs in accordance with article 55 applies KAKuG in Appendix 2 to this agreement contained provisions, unless resulting from this article is not different results. The annex 2 is part of this agreement.

(2) in the initial phase of the medical faculty of the University of Linz it has met its obligation under paragraph 1 Z 2-4, by investing 105.359.598 euro gross for new, complementary and tags along with initial setup anyway. For these buildings the Federal Government from 2028 takes over the conservation and re investment costs (that is ten years after the planned overall completion) according to "Path and extension steps" in Appendix 1. The Land Oberösterreich is the equivalent determined by his side for these purposes, but until 2027 (to the end of this decade) transfer unused resources at the University of Linz, for inclusion in a dedicated purpose reserve.

(3) Furthermore provides the areas existing land Oberösterreich, which the country also from third parties be at risk can rent, of the University of Linz, available and keeps this according to par. 1 Z 7 in a State corresponding to the current scientific standard. From 2028 the Federal will provide gross a conservation and re investment package the State of Upper Austria in the way of the University of Linz, for these areas amounting to 1.555.089 euros, which is included for the year 2028 in the amount according to the "Path and extension steps" in Appendix 1.

(4) the land of Upper Austria by the measures referred to in paragraph 2 and 3 ensures that the necessary for the operation of a medical school building infrastructure available is the University of Linz.

(5) the country is entitled to entrust third parties with the fulfilment of its obligations under this agreement, and will inform the Federal Government informed.

(6) regardless of the obligations undertaken in accordance with paragraph 1 the provision for the fulfilment of the tasks of health care falls 1 Z in paragraph 1 referred to hospital including the effort required for establishing and maintaining the necessary buildings, as well as for the operation and re investments due to the economic responsibility of the country. The country is associated with clinical departments of the hospital permanently in a scientific standards receive appropriate State and carry the necessary conservation and re investment costs, provided that is from para 2 and 3, and art. 2 par. 2 No. 4 otherwise. It is therefore agreed that with the exception under paragraph 2 and 3 and article 2 para 2 Z 4 listed contributions of the Federal for the existing hospital pursuant to par. 1 Z 1 for the construction, maintenance, operation and reinvestment of time no reimbursement of costs pursuant to article 55 is to make KAKuG.

(7) should the legal entity of the Krankenanstalt in particular on basis of § 55 request KAKuG by the Federal Government or by the University of Linz reimbursement for services, which are to provide under this agreement by the country, the country holds indemnify the federal or the University of Linz.

Article 4

Conveyance

Ends the ongoing operations of the medical faculty and is the study of medicine at the University of Linz is no longer continued, the Federal Government or the University of Linz have the areas referred to in article 3 to paragraph 1 Z 1 to 4 within one year after the setting of the teaching and research operation.

Article 5

In force

(1) this agreement is effective 30 days after the end of the day on the 1st that fulfilled the necessary conditions for the force after the Upper Austria State Constitution Act are and at the Federal Chancellery, communication of the country exists, and 2. the requirements for the force under the Federal Constitution are met.

(2) the Federal Chancellor's Office will inform immediately the conditions referred to in paragraph 1 and the day of the in force the land and the Federal Ministry for science and research.

Article 6

Period of validity

(1) the annex 2 to this agreement applies notwithstanding an effect of any regulation pursuant to § 56 anyway, until 2028 KAKuG. Post-2028, the Appendix 2 is continue to apply, as far as not a regulation referred to in article 56 KAKuG comes into force and must be applied. Should a regulation referred to in article 56 again KAKuG override, the Appendix 2 is to apply again.

(2) the provisions of article 2 par. 2 Nos. 4 and 5, para 3 and 4 as well as Z 11 article 3 with the exception of section 1 of the application and the regulation referred to in paragraph 1 shall be unaffected and apply on contract period continues.

Completed (3) such an indefinite term and can be changed only by mutual agreement by both parties or repealed.

Article 7

Deposit

This agreement is made in duplicate. A copy of each will be deposited at the Federal Ministry for science and research and the regional Government of Upper Austria. The Federal Ministry for science and research is the Federal Ministry of finance, the City Council of the city of Linz, the legal entity of the article 3 par. 1 Z 1 hospital referred to as well as the Rectorate of the University of Linz and the Rector of the Medical University of Graz per a copy of submit.

 

Appendix 1: Equipment see annual cost display (including path and extension steps).

Appendix 2: Calculation of the extra costs in accordance with § 55 KAKuG (clinical overhead) along with tables A to F systems see.

 



For the Federal Government:

 



The Bundesrninisterin of Finance:



The Federal Minister for science and research:



Fekter Töchterle for Upper Austria:

The Governor:



P. the agreement enters into force in accordance with article 5 with 29 March 2014.

Ostermayer