22. Federal Law on the University of Continuing Education Krems (DUK-Law 2004)

The National Council has decided:

table of contents
I. Part Organizational, study and personnel law
Section 1 General provisions
§ 1.	Scope
§ 2.	Label
§ 3.	Application of the University Act 2002
Section 2 Special provisions
§ 4.	Scope and tasks
§ 5.	Organisation and studies
§ 6.	Composition of the collegiate body for the release of the curricula
§ 7.	Assessors in appointment procedures
§ 8.	Representatives of students in collegiate bodies
§ 9.	Representation of workers ' interests
§ 10.	Financing
II. Part Transitional and final provisions
Section 1 Deployment of the new organization
§ 11.	Founding Convention
§ 12.	Deployment Steps
§ 13.	Supervision of the members of the university
§ 14.	Commission of Appeal in the implementation phase
§ 15.	University courses
Section 2 Final provisions
§ 16.	In-force pedals and out-of-force pedals
§ 17.	References
§ 18.	Enforcement

I. Part

Organizational, study and personnel law

Section 1

General provisions

Scope

§ 1. This federal law applies to the federal law BGBl. No. 269/1994 (DUK-Law) established University Centre for Continuing Education with the designation Donau-Universität Krems.

Label

§ 2. With the entry into force of this federal law, the University Center for Continuing Education (Donau-Universität Krems) is named "Universität für Weiterbildung Krems" (University for Continuing Education).

Application of the University Act 2002

§ 3. Parts I to V of the University Act 2002, BGBl, are at the University of Continuing Education Krems. No 120/2002, in accordance with the special provisions laid down in this Federal Law.

Section 2

Special provisions

Scope and tasks

§ 4. (1) The University of Education and Training Krems is called to serve the scientific teaching and research that is related to continuing education. The area of influence of the University for Continuing Education Krems results from the university courses set up on the day before the entry into force of this federal law at the University Centre for Continuing Education (Donau-Universität Krems) and Subject directions.

(2) The University of Education and Training Krems fulfils in particular the following tasks within the scope of this sphere of action:

1.		Development and implementation of university courses;
2.		Scientific research in support of teaching in university courses;
3.		Development into a centre-European centre of competence for continuing training, with particular reference to aspects of enlargement of the European Union;
4.		Consideration of new forms of teaching and learning, especially distance learning;
5.		Establishment of a quality management system for quality assurance and performance assurance.

(3) The University of Education and Training Krems cooperates with the universities listed in § 6 University Act 2002.

(4) The University of Education and Training Krems is entitled, with the approval of the University Council, to hold studies in its entirety or in part and examinations abroad, provided that the teaching and research operation at the Krems site is not affected by this is.

(5) Changes in the scope of action of the University for further education Krems, taking into account the agreement in accordance with Art. 15a B-VG between the Federal Government and the Land of Lower Austria, have on the establishment and operation of the University Centre for Further education (Donau-Universität Krems), BGBl. No 501/1994, Section V.

Organisation and studies

§ 5. (1) The study regulations of the University Act 2002 apply with the proviso that only university courses for further education are offered at the University for Continuing Education Krems.

(2) The provisions of the University Act 2002 on habilitations shall not apply.

(3) The provisions of the University Act 2002 on the appointment of the members of the University Council by the Federal Government shall apply with the proviso that the Federal Minister or the Federal Minister shall be a member on a proposal by the Federal Government. Federal Government of Lower Austria proposes to order the Federal Government.

Composition of the collegiate body for the release of the curricula

§ 6. If there is no adequate number of university professors at the University of Continuing Education Krems for the establishment of a collegiate body for the purpose of obtaining the curricula for university courses, it is possible to Members of this collegiate body are also appointed university professors or university professors of other universities, who are in employment relationship with the University of Continuing Education Krems.

Assessors in appointment procedures

§ 7. In an appointment procedure for the preparation of a proposal for the appointment of the reviewers, there are not at least three university professors of the department or of a subject close to the university. The number of university professors is to be supplemented by the Rectorate from a proposal of the Austrian Academy of Sciences to the extent necessary.

Representatives of students in collegiate bodies

§ 8. The representatives of the students in the college organs of the University of Education Krems are elected from the circle of students.

Representation of workers ' interests

§ 9. (1) The University of Continuing Education Krems is collectively contractable on the employer's side in the sense of the Labour Constitutional Law, BGBl. No. 22/1974. The collective contractual capacity of the University of Education and Training Krems is a priority in relation to the collective bargaining capacity of other advocacy groups or professional associations of employers.

(2) The University of Continuing Education Krems is considered to be an establishment within the meaning of § 34 ArbVG.

(3) A joint works council for the academic and artistic as well as the general university staff is to be elected at the University of Krems in accordance with the provisions of § § 50 ff ArbVG. According to § 22a of the Act on Disability of Persons with Disabilities (BEinstG), BGBl. No 92/1970 shall be chosen for the disabled persons. The provisions of the Labour Constitution Act shall apply with the proviso that a subdivision into a workers 'and employees' works council does not take place.

Financing

§ 10. (1) According to the agreement between the Federal Government and the Land of Lower Austria on the establishment and operation of the University Centre for Continuing Education (Donau-Universität Krems) together with the facility, BGBl. No. 501/1994, the Federal Government, together with the Land of Lower Austria, is the holder of the University of Continuing Education and Training Krems.

(2) The third party funds infused by the University for further education in Krems are to be used for the purposes of the University for Continuing Education Krems, unless there is a special purpose dedicated to this.

(3) The course contribution for the offered studies is to be determined in a cost-covering manner, whereby the cost coverage in the entirety of the study offer at the University for further education Krems can be achieved. As costs in this sense, the variable teaching costs that are dependent on the supply are valid.

II. Part

Transitional and final provisions

Section 1

Deployment of the new organization

Founding Convention

§ 11. (1) A founding convention consisting of twelve members shall be set up immediately after the entry into force of this Federal Law.

(2) The following members shall belong to the Founding Convention:

1.		The Head of Department of the Danube University Krems as well as university professors, who are led by the department heads from a proposal of the Austrian Academy of Sciences and Humanity Science is elected. All in all, this group must belong to seven persons. The proposal of the Austrian Academy of Sciences must include at least three times the number of candidates to be selected.
2.		Two representatives of the scientific staff in the research and teaching operations, who are elected by all members of this group. At least one person with a teaching authority (venia docendi) must belong to the elected person.
3.		A representative or a representative of the general university staff who is elected by all members of the general university staff.
4.		Two representatives of the students, who are elected by all students at the University for Continuing Education Krems.

(3) The President of the Office or the President of the Office shall not be entitled to vote in a passively random way.

(4) The election of the members and the substitute members of the Founding Convention shall take place in accordance with the provisions of the DUK Act and the electoral system based on the election in collegial organs, unless otherwise provided in this Federal Act. The validity of the election is independent of the voter turnout.

(5) Replacement members of the persons referred to in paragraph 2 (1) are the university professors who are in a service relationship with the University for Continuing Education Krems at the time of entry into force of this Federal Law or who are in the Framework of a free service contract at least half the extent of full employment at the University of Continuing Education Krems, in a sequence determined by the departmental heads of department by choice.

(6) The chairman of the works council and the university director or the university director are members of the founding convention with a consultative voice.

(7) The founding convention shall be quorum if at least half of the members entitled to vote are present in person or represented by a substitute member. The decisions shall be taken with a majority of votes, unless otherwise specified in this Federal Act.

(8) The President or the President in office at the time of the entry into force of this Federal Act has to issue the elections to the Founding Convent, the constituent meeting until 30 April 2004 at the latest. shall be convened and run until the election of the Chairman or Chairperson.

(9) The Founding Convention shall prepare and implement the measures for implementation provided for in § 12, unless otherwise expressly provided in this Federal Act. The function of the Founding Convention ends with the expiry of the 30th June 2005.

Deployment Steps

§ 12. (1) The first Senate consists of twelve members. The Founding Convention has to decide on a provisional statute, including an electoral code for the Senate, and to take the necessary further steps of the transfer, unless other measures are provided for in this Federal Act . The electoral system shall be adopted in accordance with the principles of equal, direct, secret and personal proportional representation.

(2) The first University Council consists of five members. The Founding Convention must immediately elect two members of the University Council. If the founding convention does not comply with this task by 30 June 2004, the Federal Minister or the Federal Minister also appoints the members who would have been elected by the Founding Convention.

(3) By 31 July 2004, the Federal Government has to appoint two members for the University Council at the request of the Federal Minister or the Federal Minister, one of them on the proposal of the Lower Austrian State Government.

(4) The University Council shall be constituted without delay and the other member shall be elected by mutual agreement at the latest by 15 September 2004.

(5) The Founding Convention shall immediately issue the election of the rector or the rector and draw up a proposal for the election of the rector or the rector. The election of the Rector or Rector by the University Council must be made by 30 November 2004 at the latest.

(6) The elected Rector shall, after consulting the Founding Convention, immediately determine the number of Vice-Rectors and their extent of employment and shall submit an election proposal. The election of the Vice-Rectors by the University Council has taken place at the latest eight weeks after the rectors ' election.

(7) The members of the Rectorate shall take up their duties on 1 February 2005. The President of the Danube University Krems, who is in office at the time of the entry into force of this Federal Act, or the President of the Danube University of Krems, who is in office at the time of the entry into force of this Federal Law, exercises her or his office until the end of the Failover of the Rector's Council. The period of operation of the other institutions referred to in Article 7 (1) of the DUK Act at the time of the entry into force of this Federal Law shall end on 30 June 2005.

(8) The rectorate must immediately adopt a provisional organisation plan and order the provisional heads of the individual organisational units. The provisional organisation plan will enter into force on 1 July 2005.

(9) The Rector shall, without delay, issue the elections for the Senate and forward the meeting until the election of the Chairman or Chairman. The elections to the Senate have been held until 30 April 2005, the constituent meeting of the Senate and the election of the President by 31 May 2005.

(10) The Rules of Procedure of the Rectorate are to be made public until 28 February 2005.

(11) By 30 June 2005 at the latest, the University Council shall submit the final form of organization of the university (organizational plan) and the Senate of the proposal for the statutes for decision-making. Immediately after approval of the organizational plan, the heads of the organizational units are to be ordered.

(12) In the organisation plans to be established according to paragraphs 8 and 11, organisational units are provided for which no university professor or a university professor at the University for Continuing Education Krems is available for management. the management of this organizational unit up to the appointment of a university professor or a university professor, but at the latest until 31 December 2007 by a university lecturer or a university lecturer in the employment relationship with the University of Continuing Education Krems are exercised.

(13) On a proposal of the majority of university professors of an organizational unit with research and teaching duties, a university lecturer or a university lecturer in the employment relationship with the university can be Continuing education Krems from the rectorate with the management of this organizational unit.

(14) The University of Education and Training Krems has to submit an activity report to the Federal Minister or the Federal Minister in each case up to 30 April 2006, 2007 and 2008, in addition to the closure of the accounts, which report on the entire range of services of the university.

(15) The Federal Minister or the Federal Minister has to submit a report to the National Council by 30 September 2007 on the promotion of young researchers and the development of the personnel structure of the University for further education in Krems.

(16) The necessary measures cannot be taken in time for the implementation of the necessary steps, without setting a grace period by the Federal Minister or the Federal Minister by means of the replacement.

Supervision of the members of the university

§ 13. (1) All at the time of the entry into force of this Federal Law in a service or work contract relationship or in any other legal relationship with the University Centre for Continuing Education (Donau-Universität Krems) or in the period between the In-Kraft-Treten and the 1st July 2005 newly entered into an employment relationship or other legal relationship with the University of Continuing Education (Donau-Universität Krems) have rights and tasks in accordance with this Federal law.

(2) For the transfer of the staff, which is in a service or work contract relationship with the University Centre for Continuing Education (Donau-Universität Krems) on the day before the entry into force of this Federal Law, and whose contractual relationship on the day of the In the course of the implementation of this federal law, the following shall apply:

1.		Members of the scientific staff in the employment relationship with venia docendi or a qualification to be kept, the university professors in accordance with § 21 UOG 1993 or § 22 KUOG or foreign University professors and university professors are, from the entry into force of this federal law, the law of the university as university professors and university professors.
2.		The persons not mentioned in Z 1, who are members of the scientific staff, shall be subject to organizational law as scientific staff in the research and teaching establishment from the entry into force of this federal law.
3.		The administrative and technical staff shall be deemed to be general university staff in accordance with the provisions of this Federal Act as of the entry into force of this Act.

(3) In the period between the entry into force of this federal law and July 1, 2005, employment contracts for the academic staff, excluding vocations of university professors and university professors, may only be limited to a limited period of time. are completed at the latest 3 years.

(4) From 1 July 2005, newly recorded employees shall be subject to the service and remuneration regulations of the University Centre for Continuing Education (Donau-Universität Krems) until the entry into force of a collective agreement as the content of the Employment contract with the University of Continuing Education Krems.

Commission of Appeal in the implementation phase

§ 14. (1) From the entry into force of this federal law, appeals for university professors can be carried out by a decision-making commission of appeal.

(2) A university professor or a university professor shall be appointed by the Federal Minister or the Federal Minister on a proposal from the President or the President of this Appeal Commission. In agreement with the President or the President, the Chairman of the Appeal Commission shall appoint four other university professors to appoint members of the Appellate Commission. The selection has to be made primarily from a proposal of the Austrian Academy of Sciences.

(3) The President shall, on a proposal from the Appellate Commission, be required to issue the university professors to be filled. The Appellate Commission has two external reviewers in each case. These reviewers are excluded from the membership of the Appellate Commission in the same procedure. The appointment of university professors has to be made on the basis of the proposal of the Appellate Commission by the President or the President or the Rector.

(4) If an appeal procedure is already pending on 1 July 2005 but has not yet been completed, it must be completed in accordance with this provision. An appeal is pending as soon as the call for tenders has been issued.

(5) The function of the Appellate Commission shall end with the expiry of 30 June 2005, and at the latest with the conclusion of the procedures referred to in paragraph 4.

University courses

§ 15. The university courses set up at the University of Continuing Education Krems with the end of June 30, 2005 remain in place. These studies will continue to apply to the respective curricula in the version in force on 30 June 2005 as curricula.

Section 2

Final provisions

In-force pedals and out-of-force pedals

§ 16. (1) This federal law shall enter into force on 1 April 2004, unless otherwise specified in the following.

(2) § 3 as regards the II. Part of the University Act 2002 and § 5 will enter into force on 1 July 2005.

(3) The Federal Law on the Establishment of the University Centre for Continuing Education (DUK-Law), BGBl. N ° 269/1994, as amended by the BGBl version. I n ° 128/1998, shall expire on 30 June 2005.

References

§ 17. (1) The designations "Federal Minister" or "Federal Minister" in this Federal Act refer, unless expressly stated otherwise, to the Federal Minister, the Federal Minister, the Federal Minister for the Affairs of the Federal Republic of Germany, or the Federal Minister for the Affairs of the Universities of Germany. is responsible.

(2) As far as other federal laws are referred to in this Federal Act, these are to be applied in the version in force.

(3) Where reference is made in other federal laws to provisions where new provisions become effective with the entry into force of this federal law, these references shall be related to the corresponding new provisions.

Enforcement

§ 18. The Federal Minister of Education, Science and Culture is responsible for the enforcement of this federal law.

Klestil

Bowl