Amendment Of The University Act 2002

Original Language Title: Änderung des Universitätsgesetzes 2002

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

176. Federal law, which changes the University Act 2002

The National Council has decided:

The University Act 2002-UG, BGBl. I n ° 120/2002, as last amended by the Federal Law Gazette (BGBl). I No 79/2013, shall be amended as follows:

1. The text of § 6 shall be the sales designation "(1)" The following paragraphs 2 to 6 shall be added:

" (2) Universities are established and abandoned by federal law.

(3) Two or more universities may be united by federal law.

(4) An initiative to form an association may also be based on two or more universities. On the basis of agreed decisions of the participating university councils and rectorates as well as the opinion of the respective Senate, the Federal Minister or the Federal Minister may propose a corresponding proposal for the amendment of paragraph 1 as well as to the To lay down the necessary further legal regulations (the framework for the unification of the Union). An association can only take effect at the beginning of a new performance agreement period.

(5) In any case, the decisions to be taken on an initiative to form an association shall include:

1.

a proposal for the regulation of the succession and the future name of the university;

2.

the date of the association's effective date;

3.

a provisional joint organisational and development plan, drawn up in the light of the organisational and development plans of the participating universities;

4.

in the case of the participation of a medical university, a proposal for regulations in the organization plan, which ensure that the institutes, clinics, etc. associated with the medical organisational unit, which are responsible for the performance of their tasks to be assigned the necessary resources;

5.

a proposal for transitional arrangements with regard to the supreme management bodies, at the latest within one year of the unification and the legally established collegial bodies, and

6.

a proposal for transitional arrangements concerning the institutions and bodies set up in accordance with the organisation chart of the universities involved.

(6) If an initiative is submitted to an association in accordance with paragraph 4, including the supplements provided for in paragraph 5, the Federal Minister or the Federal Minister shall have the advisability of the association with regard to the objectives, the guiding principles and the To examine the tasks of the universities (§ § 1 to 3) and to report on them to the Federal Government. An initiative for an association of universities can be based on the constitutional path of federal legislation, but also by the Federal Minister or the Federal Minister himself. "

2. The following sentences are added to section 22 (3):

" If, according to the organization plan of the University, a Faculty of Medicine is set up, a Vice-Rector or Vice-Rector shall be provided for the medical field, which may vary from the first sentence to the number of members. of the rectorate. The Vice-Rector or Vice-Rector for the medical field is also the head of the Medical Faculty. "

3. 3. Subsection of the 1. Section of the I. Part reads:

" 3. Subsection

Special provisions for the clinical areas of the Medical Universities and/or of the universities in which a Faculty of Medicine is established

Organization

§ 29. (1) The medical universities according to § 6 Z 4 to 6 or The universities in which a Faculty of Medicine is established fulfil their research and teaching duties in the clinical field, also in cooperation with public hospitals.

(2) The organizational structure of the Clinical Division of the Medical University or The Faculty of Medicine and the Institute of Health and Health are to be coordinated. These institutions are also those of the Medical University. of the Faculty of Medicine, which are required to support the teaching and research tasks of the Clinical Area. Prior to the establishment of the organizational plan for the clinical sector, the rectorate must therefore establish the agreement with the institution of the hospital. The organizational plan for the clinical sector requires the approval of the Federal Minister or the Federal Minister.

(3) The Medical University The University of Medicine, at which a Faculty of Medicine is established, is entitled to participate in a company for the management of the institution of the hospital.

(4) The Medical University The University of Medicine, at which a Faculty of Medicine is established, has the following obligations:

1.

It has to commission its employees, who are in medical or dental use, to participate in the performance of the tasks of the organizational units of the Clinical Division as institutions of the hospital. This participation is the legal entity of this hospital and not the Medical University or the Medical University. of the university where a Faculty of Medicine is set up. This does not justify an employment relationship with the legal entity of the sickness institution.

2.

It has to collect, document and document the necessary data and information of all organisational units on the requirements of research and teaching for the determination and settlement of the clinical multi-effort according to business criteria. shall be assessed. The Medical University the university, where a Faculty of Medicine is set up, has from 1. Jänner 2007 the result of her determination of the performance of the cost replacement according to § 55 of the Federal Law on hospitals and health care institutions (KAKuG), BGBl. No 1/1957, unless otherwise provided for in a Regulation in accordance with Section 56 of the KAKuG or in an agreement pursuant to paragraph 5.

3.

It has to draw up a medium-term planning for all plants which, in whole or in part, serve the needs of research and teaching and which lead to additional costs within the meaning of § 55 KAKuG. These planning and new purchases shall be based on the requirements for research and teaching, in accordance with the principles of economy, economy and appropriateness, and in coordination with the other bodies and purchases of the to carry out a hospital.

(5) The Medical University The University of Medicine, at which a Faculty of Medicine is established, has an agreement with the legal entity of the hospital after obtaining the consent of the Federal Minister or the Federal Minister for the benefit agreement pursuant to § 13 of the German Federal Ministry of Health and Health on the cooperation in the operation of the individual to the clinical area of the Medical University or To meet the Faculty of Medicine and at the same time to meet a part of the public health care institution, which also includes the mutual benefits and their evaluation. This cooperation agreement also provides that, in accordance with § 94 (1) Z 4, members of the university shall be employed in medical or dental use, which shall be required to participate in the performance of the tasks of the organisational units of the Within a period of 26 weeks at least 30vH of the normal working hours of these members of the university, related to the respective organizational unit, for the university, the clinical area of the hospital is responsible for the clinical work. Use teaching and research.

(6) The organisational units of a medical university or A medical faculty can also transfer tasks to the public health system against reimbursement of costs.

(7) The Head of the University Medical Center of the Medical University of Vienna is entitled, on behalf of the Medical University of Vienna, to conclude contracts for the provision of dental services. complete.

(8) The exercise of the tasks within the framework of a public health institution and the tasks to be carried out in the context of the health care system is of the autonomous concern of the Medical University and/or the Medical University. by the University, where a Faculty of Medicine is established.

(9) The Medical University The University of Medicine, where a Faculty of Medicine is established, may also serve the staff of the legal institution of the hospital in order to carry out its duties in accordance with paragraph 1 of this article. In this regard, the Medical University or the Federal Minister of the Federal Republic of Germany has agreed to the following: the university, where a Faculty of Medicine is established, to enter into an agreement with the right-holder of the hospital, in accordance with Section 13, on the performance agreements, in particular the suitability of the staff; as well as the extent of the activity in teaching and research, the necessary reimbursement of the costs and statements on the right of instruction of the rector or the rector with regard to the staff of the university concretely entrusted with the tasks of the university. Legal entity of the hospital. The needs of the Medical University or the university where a Faculty of Medicine is set up and the qualifications of the staff are to be taken into account. § 2 Z 1 to 3 shall apply to the activities of these staff in the context of research and teaching. The person or staff member shall be given concrete results in research and teaching by the rector on the basis of the qualification of the person concerned. An employment relationship with the Medical University or The University of Medicine, where a Faculty of Medicine is established, will not be founded. The employees of the legal institution of the hospital, concretely entrusted by the Rector or the Rector with scientific tasks, shall be treated in the same way as the members of the University according to § 94 (2) (2) (2) (2). Prior to submission of the agreement to the Federal Minister or the Federal Minister, a statement from the Senate is to be obtained.

Ethics Commission

§ 30. (1) At each Medical University or At every university where a Faculty of Medicine is established, the Senate is responsible for the evaluation of clinical trials of medicinal products and medical devices, the application of new medical methods and applied medical research To set up an Ethics Committee.

(2) The ethics committees shall, in any event, comply with the requirements of section 8c (1) to (5) and (7) KAKuG.

(3) The Ethics Committee shall have its own rules of procedure. This is to be brought to the attention of the University Council and the legal entity of the hospital by the way of the rector or the rector.

(4) In this function, the members of the Ethics Committee shall not be subject to instructions from the institutions of the hospital or the instructions of the institutions of the University.

The breakdown of the clinical sector

§ 31. (1) The clinical area of a medical university or A Faculty of Medicine includes those facilities that are functionally simultaneously organizational units of a public health institution.

(2) The organisational units of a medical university or A Faculty of Medicine, in which, in addition to research and teaching tasks, is provided directly to the person in addition to research and teaching tasks, the term "University Clinic" is called "University Clinic".

(3) The organisational units of a medical university or a Faculty of Medicine in which, in addition to research and teaching tasks, medical services are provided indirectly to the person within the framework of a hospital, the term "Clinical Institute" is called.

(4) The University Clinics and Clinical Institutes can be divided into "Clinical Divisions". In this case, the Head of the Clinical Division shall be responsible for the medical tasks to be performed in accordance with Section 7b (1) KAKuG.

Line functions in the clinical area

§ 32. (1) Head or head of an organizational unit or clinical department of a medical university or medical university. a Faculty of Medicine, which at the same time has the function of a hospital department or an equivalent institution of a public hospital (§ 7 para. 4, § 7a (1) and § 7b (1) and 2 KAKuG), the rector's office may only use one A university professor or a university professor with a relevant specialist or dentist qualification is appointed. Only one university member or a university member with the appropriate qualification may be appointed as a medical specialist or a dentist or a dentist or a dentist with the appropriate qualification as the deputy or deputy head of the head of the head or the director. . Prior to placing an order, the legal entity of the hospital shall be given the opportunity to comment.

(1a) The head of an organizational unit or a clinical department of a medical university, or a Faculty of Medicine, which at the same time has the function of a hospital or an equivalent institution of a public hospital (§ 7 para. 4, § 7a (1) and § 7b (1) and (2) KAKuG), the rectorate may be able to a serious breach of duty, a criminal conviction, a lack of health fitness or a legitimate loss of confidence, are dismissed by the function of the person or his/her function. Before being convened, the legal entity of the sickness institution shall be given the opportunity to comment.

(2) The appointment as Head of the Head or Deputy Head or Deputy Head of the Head or Head of a Organizational Unit referred to in paragraph 1 or of a Clinical Division shall be made temporarily for a limited period of time.

(3) The first-time inclusion of organisational units of a hospital in the clinical sector of a medical university or A university where a Faculty of Medicine is established will only be held at the same time as the appointment of a university professor or a university professor in accordance with § 98 on the head of the relevant university or the head of the relevant university. Organizational unit (University Clinic, Clinical Institute, Clinical Department) in accordance with paragraph 1 effective.

Reimbursement of costs to the hospital carrier

§ 33. The Medical Universities, The universities in which a Faculty of Medicine is established are obliged to pay the expenses according to § 55 KAKuG, the Federal Government, to the respective legal entities of the hospital. Excluded from this are the costs of the federal government for hospital reconstructions and hospital buildings as well as for the first establishment of these buildings.

Representatives of doctors and dentists

§ 34. The one in the clinical field of a medical university or Physicians as well as dentists and dentists with the exception of the heads of organisational units (§ 32) have to perform the tasks in accordance with § 3 (3) of the The Health Service Working Time Act, BGBl. I n ° 8/1997, to elect five representatives from among the five representatives.

Teaching hospital

§ 35. Departments of hospitals that do not go to the clinical area of a medical university or of a medical faculty, can be from the medical universities or the universities in which a Faculty of Medicine is set up, with the approval of the institution's legal entity, to improve and intensify the practical medical teaching. If several departments of such a hospital are constantly being used for this purpose, this hospital may be used by the medical university in question. from the university in question, at which a Faculty of Medicine is set up, the term "Teacher Hospital". "

4. § 66 (1b) reads:

" (1b) The admission to studies shall be issued if the student has been assessed negatively in the case of the last repetition of the examination required for her or him in the course of the study entry and orientation phase. The new admission to this course of study may be requested by way of derogation from § 63 (7) earliest for the third following semester after the admittance of the admission. The new authorisation may be requested twice. After each new admission, the students are admitted to the To the students, the total number of reexaminations in the course of study entry and orientation in accordance with paragraph 1a third sentence. "

5. According to § 123, the following § § 123a and 123b are inserted:

" Transitional provisions for the establishment of a medical faculty

§ 123a. In the first three years, the employees of the legal institution of a hospital, who are appointed in accordance with the penultimate sentence of § 29 (9) of the last sentence, shall be appointed by the institution of a medical faculty In accordance with the provisions of Section 94 (2) (2) (2), the members of the university shall only be treated in an organised manner if they have at least 30vH of the normal working hours in a period of 26 weeks in relation to the respective organisational unit with tasks of university teaching and research.

§ 123b. (1) Upon the establishment of a Faculty of Medicine, the development plan shall provide for the corresponding vacancies for university professors in the clinical and non-clinical sector in accordance with § 98 (1).

(2) Prior to the appointment of reviewers in accordance with Section 98 (3), the university professors represented in the Senate shall submit proposals to at least two university professors of the university. Subject area of at least two other universities. At least three external reviewers are to be ordered.

(3) The Appellate Commission shall have to belong to university professors of the department of at least two other universities.

(4) An appointment in accordance with § 99 can only be made in exceptional cases of exceptional reasons. In such cases, the Rector or Rector shall have at least two other university professors or university professors after hearing at least two other university professors in the field of professional competence. universities, select. The selection of the two university professors of the technical department of at least two other universities by the Rector or the Rector shall be made after hearing the Senate. "

6. After the 5. Section of VIII In part, the following 5a. Section inserted:

" 5a. Section

Association of Universities

Succession

§ 140a. (1) Two or more universities may be united by federal law (§ 6 (3) to (6)). The framework provisions of the Association pursuant to Section 6 (4) also have to determine the succession of legal rights.

(2) If a Medical University participating in an association is not the following university, then a Faculty of Medicine shall be set up for this area from the following university through the organization plan.

(3) The rights and obligations arising from the performance agreements of the participating universities shall pass to the following university with the date on which the association becomes effective in accordance with § 6 (3) to (6).

Transitional provisions for the Articles of Association, the organisational and development plans

§ 140b. (1) By way of derogation from § 22 (1) Z 1, the Senate of the participating universities, taking into account the respective statutes, shall adopt a provisional common statute and in accordance with the provisions of section 6 (3) to (6). Newsletter of the participating universities to be available.

(2) Up to a maximum of three years from the date on which the association becomes effective pursuant to § 6 (3) to (6), a statute, a development plan and an organizational plan shall be adopted by the competent bodies of the following university and shall be published in the Newsletter to be read out. The provisional joint statutes as referred to in paragraph 1 as well as the provisional organisation and development plan pursuant to § 6 (5) (3) remain in force until that date.

Transfer of rental rights to real estate, buildings and premises

§ 140c. (1) The rental rights to the properties, structures and premises rented by the participating universities shall be based on the date on which the association becomes effective (effective date), excluding the legal consequences of § § 12a and 46a of the German Association of German Universities. Law on leases by means of the overall succession to the following university.

(2) On the date referred to in paragraph 1, the following university also enters into the existing lease and loan agreements as a guardian or lender in place of the participating universities.

Staff management

§ 140d. (1) Officials who belong to the participating universities within the meaning of section 125 (2) on the day before the association becomes effective in accordance with section 6 (3) to (6) shall belong to the following day for the duration of the service from the date following this date. Office of the law-following university and are assigned to this university for permanent service, as long as they are not transferred to another federal service.

(2) For the employees of the participating universities, the association shall be deemed to be the transfer of works pursuant to § 6 (3) to (6) of the Labour Contract Law Adaptation Act-AVRAG, BGBl. No 459/1993. These are the AVRAG as well as the provisions of the Labour Constitution (Arbeitsconstitutional gesetz-ArbVG), BGBl. No 22/1974. To those of these employees who were transferred to one of the participating universities in accordance with § 126 (1) and who were transferred to a collective agreement on the day before the date of validity of the association in accordance with § § § 126 (1) 108, section 126 (4) shall be applied further.

(3) A teaching authority conferred on a participating university (§ 103) shall apply from the date on which the association becomes effective in accordance with Section 6 (3) to (6) as the teaching authority conferred by the subsequent university.

Transitional provisions for the representation of interests of
Workers and workers

§ 140e. (1) From the date on which the association becomes effective pursuant to § 6 (3) to (6), the works councils shall form an operating council in accordance with Section 135 (3) of the participating universities. The works councils shall be re-elected in accordance with section 6 (3) to (6) at the latest within one year from the date on which the association becomes effective. The functional period of the works councils ends with the constitution of the newly elected works councils.

(2) With regard to the operating agreements of the participating universities, § 31 (7) ArbVG applies.

Transitional provisions on study law

§ 140f. The Diploma, Bachelor, Master and Doctoral Studies established at the participating universities shall apply as from the effective date of the association according to § 6 (3) to (6) as at the right-following university. These studies should continue to apply in the version in force at the time when the association becomes effective, and these study plans may also be amended in accordance with Section 25 (1) Z 10. Graduates of these studies should be given the academic degrees provided at the time of the unification of the association for the respective studies. § 80 bis § 80b UniStG are to be applied in a reasonable way. If bachelor and master studies are established in place of existing studies in accordance with § 54 subsection 1, the curricula must provide for transitional provisions in accordance with § 80 (2) and § 80a (2) UniStG.

Other provisions

§ 140g. The right-following university and the participating universities according to § 6 (3) to (6) are exempt from all fees and charges arising from the association. This shall not apply to judicial and judicial administrative charges.

§ 140h. Civil-law contractual relations between the following university and the participating universities are extinguisher with the cooperation of the association (§ 1445 (1) ABGB). "

Fischer

Faymann