The Law On Media And Journalism

Original Language Title: Lov om medie- og journalisthøjskolen

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116272

Overview (table of contents) Chapter 1 Law area

Chapter 2 media and journalism school's purpose and tasks

Chapter 3 Statute

Chapter 4 grants, loans, terms, etc.

Chapter 5 asset management, accounting and auditing

Chapter 6 Termination

Chapter 7 Supervision and quality assurance

Chapter 8 the students ' behaviour and access to justice

Chapter 9 entry into force and The full text of the law on the transition of media and journalism

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

Chapter 1

Law area

§ 1. The law applies for media and journalism for higher educations within media and journalism, see. § 3.

(2). Media and journalism is an independent institution within the public administration.

§ 2. The school's name shall be laid down in the staff regulations, without prejudice to article. § 10. The term ' high school ' to be included in the name.

Chapter 2

Media and journalism school's purpose and tasks

§ 3. The high school has the task in journalism, communications, graphic design, media production, media management and adjacent training areas to provide and develop higher education and continuing training on international academic level responds to the need for skilled workers in both the private and the public sector.

§ 4. College must, within the areas of education, referred to in § 3, cover the need in the whole country for the provision of professional bacheloruddannelser and continuing education relating thereto.

(2). The Minister may determine that the College for one or more of the above courses only must fulfill the requirement in specific parts of the country.

(3). College to help meet the students ' needs for a variety of educational and commercial environments.

§ 5. School of business shall within its territories, without prejudice. § 3, carry out development and research tasks as well as carry out videncenterfunktioner. College contributes, among other things. through national and international cooperation and knowledge-and competence development as well for development and growth in those areas, as College is directed against.

(2). School of business must cooperate with university colleges. It must also cooperate with universities and other relevant research environments and with the occupations and professions, such as school education is directed against.

§ 6. College must have a system for the treatment of cases on merit and real competence assessment, which is transparent and provides students with a uniform and rapid treatment of applications in the field. The school's treatment of merit and real competence cases happening in a one-tier system, which ensures confidence in the outcome of the school assessment and confidence in the quality of the solution of the task.

§ 7. College must have a system for quality assurance and performance evaluation of training, development work and videncenterfunktion and is obliged to publish information on quality and results and inform more detail.

§ 8. School of business may, in agreement with the professional employer's colleges, engineering colleges, vocational academies, institutions for vocational training institutions for general secondary education and institutions for general adult education etc. carry out specified administrative tasks for one or more of the mentioned other educational institutions.

(2). The Minister may lay down rules relating to the conditions referred to in paragraph 1.

§ 9. School must know offering of courses and other activities such as income generating activities follow good business practices and must not inflict other unfair competition.

Chapter 3

Statute

§ 10. School of business relationship shall be regulated by a statute that will contain detailed provisions on, among other things. the school's educational objectives and areas of expertise, the Board's composition and term of Office and school organization.

(2). The Minister shall approve the staff regulations.

The composition of the

§ 11. The Board consists of a Chairman, who is appointed by the Minister of education, and of at least 9 and up to 14 voting members. The Management Board shall be composed of members, as with their experience with and knowledge of media production and journalism and the needs of the labour market for people with educations within media and journalism must be able to contribute to the promotion of the school's strategic work and professional goals within the training areas. Members must also represent the professional, have experience with and insights into public and private enterprise, strategic management, organization and economy, including assessment of budgets and accounts. The Board of Directors shall be composed in such a way that the majority of its members are external.

(2). (2) members shall be elected by and among the students.

(3). (2) members shall be elected by and among the employees. The members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.

(4). The following persons may not be members of the Board of Directors:





1) Persons who rent properties, etc. for College.

2) members of the Board of Directors of foundations, companies, associations or other companies who rent properties, etc., to school, or which control landlord of properties, etc. to the College.

3) Lawyers, accountants or similar persons, see advisers for. Nr. 1, or for funds, companies, associations or other companies, see. Nr. 2.

4) Employees in managerial positions in individuals, see. Nr. 1.





(5). Are tenancy of negligible, paragraph 4, nr. 1-4 do not apply. The Minister may lay down rules to that effect.

The Board of Directors ' duties and responsibilities

§ 12. The Board must carry out the overall and strategic direction of the school of business and ensure the quality of education and development, as well as the effective operation of the school.

(2). The Board shall fix the school Statute, see. § 10, and enter into a development contract with the Minister.

(3). The Board of Directors determines upon the recommendation of the Rector school organisational structure, so that the College can meet its purpose and carry out all its current and upcoming tasks, see. Chapter 2 of the Act and regulations, and so that the students ' ability of influence on education and teaching is ensured, without prejudice. section 17, paragraph 2, and section 18.

(4). The Board of Directors must approve the curricula for the education school of business provider. The Board of Directors may authorize the principal to approve curriculums.

(5). The Management Board shall adopt the annual budget on the recommendation of the Rector.

(6). The Board must hire and fire the Rector. The Board of Directors on the recommendation of the Rector must hire and fire the rest of the senior management.

(7). The Board of directors should establish guidelines for the head teacher's and the other upper management company.

§ 13. The Board of Directors may, upon the recommendation of the Rector organize school of business with a competence centre for continuing education and professional main areas, schools etc.

(2). The Board of Directors may decide that the management of the competence centre after the head teacher's detailed provision is carried out by a center Director and that a professional head area, faculty or similar after the head teacher's quantification is handled by a technical area manager, a Dean or similar.

§ 14. The Board is over for the Minister responsible for the school's entire business, including for the management of the State grants, etc.

(2). If the Board fails to comply with an order of the Minister of education for the rectification of specified conditions, the Minister may decide that





1) functions of the Administrative Board or parts thereof for a period of time are carried out by persons designated by the Minister, or

2) Board of Directors resign so that a new Board will be elected according to the rules of the professional school of business regulations.





(3). If the Board of directors by its dispositions brings the school's continuation at risk, the Minister may decide that the Board resign immediately, and may in this connection insert a temporary control, pending the appointment of a new Board of Directors in accordance with the rules of the school's regulations.

§ 15. The Management Board shall manage the school's resources, so they turn into the greatest possible benefit for school purposes.

(2). School of business is committed to maintain its buildings on a sound level in accordance with one of the Board of Directors approved the multi-annual plan and to ensure a sound standard of equipment, etc. to the eligible activities.

(3). School should be the greatest possible account of safety put the cash on one or more of the following ways:





1) in fund assets or debt securities, for which the Danish State or a Danish municipality stands as issuer or guarantor.

2) in fund assets issued by mortgage credit institutions, municipal Credit or other Danish financial institutions under public supervision.

3) As deposits in financial institutions resident in Denmark or in another country within the European economic area (EEA).


4) in securities from an EU/EEA Member State, with the exception of shares and unit trust which, by their nature and safety can be equated to the assets referred to in point 1. 1 and 2.





(4). The Management Board may, notwithstanding paragraph 3, nr. 4, taking the utmost account of the security, to the extent necessary, affix the cash resources in cooperative evidence with limited liability or in shares in the Bank, as school of business uses as his usual bank connection, and in evidence with limited liability cooperative utilities, etc., if the institution thereby achieve economic benefits. Shares and the shares to be disposed of, if the school changes its financial institution or no longer achieves the intended benefit.

Rector

§ 16. The school's top day-to-day management is carried out by the principal within the framework laid down by the Board of Directors, see. However, § 44. The school's Rector participates in the meetings of the management board without the right to vote. Rector or principal so requests, may also participate in meetings as needed in other collective compound bodies in College, which was established by the Board of Directors.

(2). The Rector or Rector authorizes it, hires and dismisses the staff, without prejudice. However, article 12, paragraph 6, 2. PT.

(3). Rector signs company.

(4). The Rector of the Board of Directors has responsibility for





1) the professional management of courses,

2) to training and other tasks are carried out in accordance with the legislation regulating education or tasks and the appropriations allotted,

3) that the Board approved budget are respected, and

4) to school business, moreover is in accordance with the Governing Board's decisions and guidelines.





(5). Principal accounting school of business, with the exception of transactions of real estate.

Education Committee

§ 17. The Board of Directors may, upon the recommendation of the Rector provide that for each of the main areas of professional faculties etc., in which the school is organized, see. section 13, shall be reduced by an Education Committee. The Education Committee is tasked to advise the Board, the Rector and the academic area manager or Dean or similar. on the training content, profile, quality and relevance, as well as on education coverage. The Education Committee sets the curricula to the Board of directors or the head teacher's approval, see. Article 12, paragraph 4.

(2). The Education Committee shall be composed of persons with competence in the field of development and quality assurance of education and persons with knowledge of the labour market.

(3). 2 members appointed by and among the employees at the school, which mainly is engaged in the Committee of the training area. Members elected by the employees are protected against dismissal and other deterioration of conditions in the same way as Union representatives within the case or similar area.

(4). 2 members appointed by and among the students who are admitted within the Committee of the training areas.

The Student Council

§ 18. The students are entitled to on the basis of the election to form a Council. The Council shall appoint representatives for the students to committees, etc., as the school has set up to address issues of importance for students.

Locus standi

§ 19. The decision to bring a lawsuit against the Board members, managers, accountants or other on the occasion of the loss suffered by the school of business can be taken by the Board or by the Minister for education.

Chapter 4

Grants, loans, terms, etc.

§ 20. School of business in its operation must be independent, and the school's funds may only get school purposes for good.

§ 21. School of business disposes freely within its purpose through the use of the governmental grants and other revenue under a. However, it is a condition that the teaching and the other tasks, for which subsidy is granted, shall be carried out in accordance with the rules in force and for the number of students who are granted subsidies for. School of business can save reimbursement for the use intended in the following fiscal year.

Operating and construction grants

§ 22. The Minister of education to make college an institutional subsidy to be determined at the annual finance laws.

(2). The Minister may award grants to other tasks performed by the school of business, including development and research tasks, videncenterfunktioner and cooperation with research institutions.

(3). The Minister of education to provide grants for the school of business administration, management, building operation, acquisition and maintenance of premises, buildings and land. The grants are determined by number of student employees, yearly students and graduates and tariffs for these set out on the annual finance laws for groups of students.

(4). Foreign students on higher education can only be included in the calculation referred to in paragraphs 1 and 3, if the relevant





1) has been granted permanent residence permit or temporary residence permit with possibility of permanent stay in Denmark,

2) is exchanged with Danish students after agreement between the institution and the institution abroad or

3) under EU law, including the functioning of the EEA Agreement, or international agreements to which Denmark has concluded, are entitled to equality with Danish nationals.





(5). School offering of higher education to foreign students, other than those referred to in paragraph 4, takes place as revenue generating activities.

§ 23. The Minister may impose school fees apply to ask any available local capacity at the disposal of other government-funded educational institutions.

§ 24. The Minister may, after consultation with the Minister of finance impose School of business for a period of time to postpone the launch of the planned construction of a certain size, taking into account the nationwide or regional economic regulation of construction.

§ 25. Grants under the law shall not be granted to cover school expenses for payment of fees pursuant to the VAT law.

(2). The Minister compensates School of expenses for payment of fees pursuant to the VAT law, which after the VAT law cannot be deducted on a company's inventory of tax liability (non tax deductible purchase VAT), and as a school of business incurred by the purchase of goods and services, for which a grant in accordance with the law.

(3). The Minister of Education prescribes rules on compensation in accordance with paragraph 2 and can including decide that there must be a acontoordning for VAT compensation to College.

section 26. The Minister may make loans or grants for media and journalism, if this after teaching the Minister's estimate came in a particularly difficult financial situa tion. Loans or grants are conditional upon the school follows educational Minister's requirements for reorientation of school activity with a view to the recovery of the economy or demand for the conclusion of an action plan.

Conditions, etc.

§ 27. The Minister shall lay down rules on activity reports, statement of the number of student employees, yearly students and graduates. The Minister may establish minimum and maximum framework for access to education.

section 28. The Minister may lay down rules concerning the terms and conditions for grants and loans. The Minister shall lay down after negotiation with the Minister of finance rules on school budget and authorization system and for payment of the grant, including the advance payment to the school. The Minister shall lay down the rules on repayment and control of paid grants.

(2). The Minister may, by the provision of grants to the College provide conditions that promote the purpose of the Act on an active employment action (social clauses).

section 29. Agreements, including rent and property agreements to be concluded on terms which are not inferior to college than usual market conditions.

(2). The Minister may lay down rules on rent agreements, including in exceptional circumstances decide to rent agreements must be concluded on terms other than those referred to in paragraph 1.

section 30. School must follow the laid down by the Minister of finance or the agreed provisions on wages and conditions of employment, including pensions for school employees.

(2). Civil Service Act section 21 (4), applies to members of the school's Board of Trustees.

section 31. If the school does not follow the provisions of this Act or the rules or agreements referred to in article 6. section 30, which is provided or contracted in accordance with the law, or Education Minister's injunction, the Minister may temporarily withhold grants, let grants be canceled in whole or in part, or to demand reimbursement repaid in whole or in part. The Minister may withhold grants to school or let grants be canceled if there is filed for bankruptcy against the College, if the high school stops his payments, or when there is a danger that the school's activities must be set.

(2). The Ministry may also require subsidies paid, if the basis for the calculation of the grant or subsidy calculation, incidentally, have been erroneous. Too much paid grants can be offset in future grant payments.

Chapter 5

Asset management, accounting and auditing


section 32. The school's financial year is the financial year. At the end of the financial year are drawn up an annual report. The annual report must be signed by the Board of Directors and President. In connection with the submission of the annual report to the Ministry of education of the members of the Management Board must make a Declaration on their honour stating that they meet the conditions for being members of the Board of Directors.

(2). The school shall be audited by the Auditor General pursuant to section 2, paragraph 2, of the law on the revision of the State's accounts, and more. In addition, the Management Board shall appoint an internal auditor, who shall be chartered or registered auditor to perform the audit in accordance with the rules laid down by the Minister for education after the negotiation with the Auditor General. The Management Board shall inform the Ministry of education and rigsrevior on the designated internal auditor and on change of internal auditor.

(3). The Minister for education and the Auditor General may, within the meaning of section 9 of the Act on the audit of State accounts, etc. Agreement, to audit tasks carried out in a defined cooperation between the auditor and the internal auditor referred to in paragraph 2. The Auditor General may require the Board to appoint a second internal auditor to perform this audit assignment, if the internal auditor is not satisfactorily meet the requirements of the rules on internal audit, which is provided pursuant to paragraph 2 2. paragraph, or otherwise does not comply with the duties as internal auditor.

(4). The Minister shall lay down rules on the content of the annual report and on the school's accounting.

(5). Meets Auditor not satisfactorily the requirements to the review after this Act or rules thereunder, or overrides, incidentally, his duties as auditor, Auditor, the Minister may impose on the Board within a specified time limit to appoint another auditor.

(6). The Minister of Education prescribes rules on auditor's verification of school information for use in the calculation of government subsidies.

section 33. The Management Board shall ensure that the internal auditor meets the requirements for independence in section 11 of the Act on Chartered and registered accountants. The Board must not assume an accountant, who at the same time, the auditor of the landlord of the premises, etc., as school of business uses, or for funds, companies, associations or other undertakings that control landlord, unless the rent ratio is of negligible.

(2). The Minister may lay down rules about when the rent ratio is of negligible.

Chapter 6

Termination

§ 34. The Minister may, after consulting the Board of Directors may decide to shut down the school's School of business, if the Minister considers that the high school after an overall assessment does not meet the conditions laid down by law, or if there is no further need for College.

section 35. Fortune derived from the school of business is the property of the Treasury upon termination, without prejudice. However, paragraph 2. Gifts donated to the school of business is the property of the State Treasury, without prejudice to the General rules of Danish law.

(2). If net asset value from the graphical School, the 31. December 1990 was an independent institution, the part of the school's net asset value, which corresponds to the institution's net asset value calculated per 31. December 1990 for the purposes for which was laid down in the staff regulations on 1 January 2007. January 1991.

(3). Gifts in the form of movable property, real estate and construction grants for property that is donated to the Danish School of journalism or the graphic College after the 1. January 1991 and until the merger of the two institutions, is used for the purposes set out in the staff regulations on 1 January 2007. January 1991.

(4). The Minister may lay down rules on the inventory of assets in accordance with paragraphs 1-3.

Chapter 7

Supervision and quality assurance

§ 36. The Minister oversees the school and can obtain the necessary information for this use.

(2). If the Minister finds that the school's activities are not in accordance with this Act, the regulations or agreements established or entered into under the Act, the Minister may issue orders to school to change the enterprise in question, see. § 14 (2) and (3) and section 31.

(3). The Minister may require the Board to enter into an agreement with the Minister's efforts if the Minister finds that the quality of a college education or training are inadequate. Action agreement must, among other things. set targets for the quality of the teaching or training and the necessary steps to remedy the inadequate quality.

section 37. If it of the auditor's report or otherwise evidenced the existence of offences or other unacceptable conditions in relation to the management of school funding, the Minister must without delay initiate measures to the re-establishment of a legitimate and sound management.

section 38. The Minister may lay down rules on the quality assurance of the high school, including on quality assurance systems.

Disclosure obligations

§ 39. The Minister may obtain all necessary information from the College of education, the students, staff, equipment, rent agreements, agreements on property purchase and other agreements and on the school's operation, moreover, to be used for the determination of subsidies, review of the annual report, the implementation of the monitoring and compilation of statistics. The Minister may decide that such information shall be supplied in electronic form, and can including setting, in which format the delivery needs to happen. The Minister may lay down rules to that effect.

(2). The Minister may determine that the school must apply common administrative systems. The Minister may lay down rules on such systems.

§ 40. The Minister may lay down rules on electronic communications between the school and the Education Ministry, between school and other public authorities and educational institutions covered by the Ministry of law, as well as between school and the users thereof, including on the use of digital signature.

(2). School of business ensures that other information about the school of business in an easily accessible way is stated on the school's website on the Internet. The Minister may lay down rules to that effect.

Chapter 8

The students ' behaviour and access to justice

§ 41. The Minister may lay down rules on the school's access to lay down guidelines on the students ' behaviour and on the school's access to carry out disciplinary measures against students who do not comply with the guidelines, as the school sets.

§ 42. The Minister may lay down rules to the effect that the complaints about the school's decisions can be challenged before the Minister for education, including on complaint deadline or that certain decisions cannot be challenged before the Minister of education.

(2). Legal issues relating to decisions on a student's legal status can always be referred to the Minister of education.

Chapter 9

Entry into force and transition

section 43. The Minister shall determine the time of the entry into force of the Act, see. However, paragraph 2.

(2). Act §§ 44-46 shall enter into force on the day after publication in the Official Gazette.

(3). Law on the Danish School of journalism is repealed.

(4). Regulations issued pursuant to the law on Danmarks Journalist højskole or pursuant to the law on Establishments of higher education and other independent institutions of higher education, etc., shall remain in force until they are replaced by regulations issued pursuant to this Act.

§ 44. The Minister may, on the recommendation of the Board of Directors approve that paragraph 16 be waived with effect until 31 December 2005. December 2011.

§ 45. Accounts relating to 2007 for Danish School of journalism and The College presented to the Minister by the Board Graphics for media and journalism. Accounts relating to 2007 for Danish School of journalism must also contain an opening balance of a fixed amount per 1. January 2007. Accountability and audit for 2007 is according to the rules of the law on Establishments of higher education and other independent institutions of higher education, etc.

(2). For the Danish folk high schools spending starting with the 1. January 2007 in accordance with the VAT law, which after the VAT law cannot be deducted on a company's inventory of tax liability (non tax deductible purchase VAT) and Danish School of journalism in the purchase of goods and services, for which a grant pursuant to section 9 of the law on the Danish School of journalism, the provisions of article 25, paragraph 2, apply mutatis mutandis.

(3). The Minister may award grants to the costs to be incurred in connection with the merger of The College with the Danish School of journalism to media and journalism.

Officials

§ 46. Officials in connection with the Danish folk high schools transition to freehold has chosen to maintain their employment relationship as State officers, retain their status as State officers during the execution of the work by the media and journalism.

(2). The official has no claim on the waiting money, rådighedsløn or pension as a result of the merger of the Danish School of journalism and the graphic College and has a duty to abide by the changes in its scope and nature stores, service as a result of this merger.


(3). College is organising labour costs and pays pension contributions to the Treasury for such officials, including any costs of wait money, rådighedsløn and after income of salary. Costs of current pension shall be borne by the State. In the event of termination of any expenses are also held the school to wait for money or rådighedsløn and after income of salary by the State Treasury, if the school does not have the means to defray the expense.
Given at Amalienborg, the 8. April 2008 MARGRETHE r./Bertel Haarder