Law On Amendments To The University Act, Technology Transfer, Etc. At Public Research Institutions And Law On Public Housing, Etc. (Follow-Up On Evaluation Of University Law, International Educational Cooperations And Company Formation In The Case Of

Original Language Title: Lov om ændring af universitetsloven, lov om teknologioverførsel m.v. ved offentlige forskningsinstitutioner og lov om almene boliger m.v.(Opfølgning på evaluering af universitetsloven, internationale uddannelsessamarbejder og selskabsdannelse ved udbud af

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Law on the amendment of the university law, law on technology transfer, etc. in public research institutes and the law on general housing, etc.

(Follow-up of the evaluation of the university law, international training cooperation and company formation in the provision of training abroad, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the case of universities (university law), cf. Law Order no. 754 of 17. In June 2010, the following changes are made :

1. I Section 1 (1). 2, the following shall be inserted after ' is ' state-financed `.

2. Section 2 (2). 2, ITREAS :

" Stop. 2. The university has research freedom. The university must protect the freedom of the university and the individual's freedom of research and the science of science. "

3. I Section 3, paragraph 3. ONE, ONE. pkt., the following shall be added after ' tender ` : ` in Denmark `.

4. Section 3, paragraph 3. ONE, THREE. pkt., is hereby repealed and the following shall be inserted :

' At invitations to tender in Denmark, after 1. Act. the special cases in which part of an education is published for the university abroad (education) is also understood. The Minister shall lay down detailed rules on the training. ' ;

5. Section 3, paragraph 3. 3-12, revoked.

6. Insert after section 3 :

" § 3 a. The university can, in cooperation with one or more foreign universities, extend all or part of training after section 3 abroad. Individual parts are carried out by the university and by one or more of the foreign universities. The parts that are carried out by foreign universities may be optional or compulsory. The university will be able to extend education to the university, if that is done in cooperation with the University of Denmark.

Paragraph 2. The university can, in cooperation with foreign universities, be able to provide education after paragraph 4 (1). 1, no. 2, as part of EU study programmes on Erasmus Mundus, where the educational individual parts of education are carried out by the university and on one or more of the foreign universities following an agreement between the universities in question (Erasmus Mundus Candidate Education).

Paragraph 3. The university must ensure that its education is provided for in paragraph 1. 1 and 2 are going to be quality assurance. Education must either be quality assurance in Denmark, in accordance with the rules laid down in the Act on the Accreditation institution for higher education or abroad following external quality assurance systems. However, it is a requirement that the quality assurance institution selected is included in the European Quality Assurance Register for Higher Education (EQAR), or otherwise is considered to be internationally recognised. If a foreign quality assurance is selected, then the subsequent approval of the training of the Minister for Science, Technology and Development will be carried out.

Paragraph 4. There is no requirement for a special quality assurance in cases where the parts carried out at the university are optional or already accredited as part of the Danish education.

Paragraph 5. Students who are admitted to the Danish university are in the period of entry into a foreign university, governed by the rules of the foreign university, and not of this law, students who are admitted to a foreign university, is during the period in which they are signed at the Danish university, subject to this law.

Paragraph 6. The university can issue Danish diplomas to students who, in the foreign country, have carried out an education in accordance with paragraph 1. The university can issue diplomas to students who have completed part of their education at the university without having been admitted to the university in question, cf. paragraph One and two.

Paragraph 7. The Minister shall lay down rules on the supply and implementation of training in accordance with paragraph 1. 1-6, including the issue of diplomas. The Minister may, in this connection, derogate from the provisions of the law on education and training. ` ;

7. I ~ 8 (a) (a) 1, the following may be inserted after ' may ` : ' for training which universities provide for this law, ', and ' electronically ` shall be replaced by : ' digital ` ;

8. I § 8 a inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. The Minister can, as the universities provide for the approval of another minister, see it in accordance with the approval of another minister, cf. Section 7, and in accordance with the procedure laid down by this provision, that communication between the university and the written students and applicants for the studies in question in full or in part shall be digitally. ` ;

Paragraph 2 is then referred to in paragraph 2. 3.

9. ~ 10 (1)) 6, ITREAS :

" Stop. 6. The Management Board shall ensure that there is co-determination and participation by employees and students in major decisions. '

10. ~ 10 (1)) 8, ITREAS :

" Stop. 8. The Management Board shall conclude a development contract with the Minister, which may set objectives in this respect. Development contracts may include all parts of the university ' s activities and shall include the objectives of the activities and interventions attached to particular weight. ` ;

11. ~ 10 (1)) 11, revoked.

12. I Section 11 (1). 4, replaced "accountants" to : 'institutional auditors'.

13. § 12, paragraph 1. 3, ITREAS :

" Stop. 3. The outside members shall be appointed in their personal capacity. A non-member member can have a maximum of eight years in the board for at least two appointments periods. The external members must have experience with management, organisation and economy, including the assessment of budgets and accounts. ` ;

14. I § 12 inserted after paragraph 1. 3 as new paragraph :

" Stop. 4. The university is setting up a body which opts the external board members (the adjuster body). The university is putting in place another body that designates the external members (the appointment body). The collection and designation of the bodies must not be identical. The collection and designation agencies shall ensure that the outside members meet the conditions laid down in paragraph 1. Two and three. The Management Board shall lay down procedures for the reduction of the nominal body and the designation body. ` ;

Paragraph 4 becomes paragraph 4. 5.

15. § 12, paragraph 1. 5, revoked.

16. Before section 13 is inserted as new heading :

"Entities"

17. § 13 ITREAS :

" § 13. The Administrative Board shall draw up the status of the university and its amendments. The minister approves the university's statute.

Paragraph 2. The attached shall lay down the detailed rules concerning :

1) Transparency of the work of the Board of Directors after paragraph 10 (2). 2, including transparency concerning the procedures for setting and designation of external trustees.

2) Reduction of the adjusting body and the appointment body of the members of the Management Board of the Management Board shall be decommissioning in accordance with section 12.

3) Provisions relating to the designation period for the absence of the board members, cf. § 12, paragraph 1. 3.

4) The university internal organization, cf. Section 14, paragraph 14. 7.

5) Co-determination and co-inclusion of employees and students, cf. ~ 10 (1)) 6.

6) The recruitment and dismissal procedure in accordance with section 10 (3). 7, and section 14 (4). 4.

7) Establishment, composition and tasks carried out by academic councils, the department of panel, PhD, study and, where appropriate, of the student body and the student body ' s suspension of student loans.

8) Special circumstances for the management of master training. `

18. Before section 13 a is inserted as new heading :

"Taker Panels"

19. I § 13 a (3) (a) THREE, ONE. pkt., ' may ' in addition to the tasks laid down in the Staff Regulations ' may ' : ' may ' : '.

20. Section 14, paragraph 14. ONE, TWO. pkt., ITREAS :

"The other management will perform his duties under the authority of the principal."

21. Section 14, paragraph 14. 4-11, is hereby repealed and the following shall be inserted :

" Stop. 4. The principal's hiring and dismissal executives of the organizational scientific units. The leader of a scientific entity must be recognized as a researcher and must have extensive experience with training.

Paragraph 5. The principal creates one or more Ph.D. schools, where PhD education takes place and appoints Ph.d.-the school manager. The principal shall be a distinguished researcher and shall have extensive experience of training to the extent that it is appropriate.

Paragraph 6. The principal can instrumental employees to perform specific tasks. The scientific community has the freedom of research and researchers within the framework of the university's research strategic framework in the time when they are not assigned tasks. The university's research strategic framework covers the entire profile of the entire university. The work of the scientific staff must not be extended to the hours of their working time, so that they are effectively deprived of their freedom of research.

Paragraph 7. The principal shall determine the internal organisation of the university within the framework of the management board.

Paragraph 8. The headmaster will set the budget for the board's approval and sign the annual report.

Niner. 9. The principal lays down rules for disciplinary action against students.

Paragraph 10. Principal draws the university, with the exception of dispositions of real estate, cf. ~ 10 (1)) 4, and shall take a decision in all cases, cf. however, section 10 (1). 1 and 5-9, section 15 (3). 2, no. 4, section 16 b, paragraph 1. 2, no. 3 and 6, and section 18 (2). 4, no. 3 and 4.

Paragraph 11. The principal must approve all external cooperation that undertakes the university.

Nock. 12. The principal may, in exceptional cases, dissolve academic advice, cf. Section 15 (3). 1, Ph.d.-Committee, cf. ~ 16 (b) (b) 1, and the student name, cf. Section 18 (2). 1. The principal may, in exceptional cases, take over the academic advice of the academic advice, cf. Section 15 (3). 2, Ph.d.-The tasks of the committee, cf. ~ 16 (b) (b) 2, and the tasks of the student unit, cf. Section 18 (2). 4. "

22. Section 15 (3). 1, ITREAS :

" The principal shall reduce one or more academic councils, including to ensure co-determination and co-inclusion of academic relationships. Multiple academic councils may be reduced in both the same and different organizational levels. `

23. I Section 15 (3). 2, pasted as no. 5 :

" 5) Other tasks beyond the rule of the university. `

24. Section 15 (3). 4-7, is hereby repealed and the following shall be inserted :

" Stop. 4. Academic advice is composite by the principal or scientific leader of the organizational level, academic advice, and members representing the scientific staff, including the doctoral staff, and the students on it. organisational level, academic advice must cover. Representatives of the scientific staff, including PhD students, and the students are selected by and among the scientific staff, including personnel, PhD students and students.

Paragraph 5. Academically councils elect a chairman among his members.

25. The title before paragraph 16 is deleted.

26. § 16 revoked.

27. The headline before paragraph 16 is deleted.

28. § 16 a revoked.

29. The title before section 16 is replaced by the following :

"Ph.d.-Committee"

30. ~ 16 (b) (b) 1-7, is hereby repealed and the following shall be inserted :

" § 16 b. The principal shall reduce one or more PhD committees, including in order to ensure the influence of students and scientific staff on PhD training.

Paragraph 2. The Committee shall have the following tasks :

1) To suspend a chairman among the members of the committee's scientific staff and a possible vice-president of the Ph.D. Study's students.

2) To set the composition of the director's assessment committee to the principal.

3) To approve Ph.D. courses.

4) To prepare proposals for internal guidelines for Ph.D. school, including PhD instruction, to the school leader.

5) To express an opinion on the evaluation of PhD training and guidance, including international evaluations of Ph.D. schools, to Ph.D.-the school manager.

6) To approve applications for merit, including advance merit, and on a derogation.

7) To express an opinion on all matters of opinion in the case of Ph.D. training and guidance, as the principal is presenting.

8) Other tasks beyond the rule of the university. `

Paragk. 8 and 9 shall then be paragraph 1. 3 and 4.

31. ~ 16 (b) (b) 9, there will be paragraph 1. paragraph 4 is replaced by the following

" Stop. 4. Several universities may, in cooperation, establish Ph.D. schools with a anchorage at one of the participating universities. `

32. The headline before Section 17 is deleted.

33. § 17 revoked.

34. Section 18 (2). 1, ITREAS :

" The principal shall set one or more student stove, including in order to ensure the co-determination and participation of students and scientific staff in education and training. ` ;

35. Section 18 (2). 4, ITREAS :

" Stop. 4. The Studienament has, in addition to the tasks assigned to the Staff Regulations, the task of ensuring the organisation, implementation and development of education and training, including

1) the quality assurance and quality of education and training and the follow-up of educational and educational evaluations ;

2) drawing up proposals for study arrangements and changes thereto ;

3) approve the plan for the organisation of the teaching and of the tests and other assessments, which form part of the examination,

4) to approve applications for merit, including advance merit, and on the derogation and

5) to express their views in all matters of importance for education and training and to discuss training and education to the principal. ` ;

36. Section 18 (2). 6-9, revoked.

37. I § 18 (a) (a) 1, the ' paragraph shall be amended 6 ` shall be replaced by the following : 4 ".

38. I Section 19 (1). 2, the following shall be inserted after ' training ' means ' in Denmark `.

39. I § 19 inserted after paragraph 1. 2 as new slices :

" Stop. 3. Deposits to the award of the award of parts of the universities (optional or compulsory) of approved courses abroad alone or with one or more cooperation universities after paragraph 3 (a) (a), Paragraph 1 shall be granted on the basis of tariffs of the annual financial laws and the number of annual students for the part of the training carried out in Denmark. In cases where there is a requirement for reciprocal exchanges, students admitted to the foreign university grant for the part of training carried out in Denmark if they have been exchanged with students admitted to the Danish university ; After an agreement between a Danish university and a university abroad.

Paragraph 4. Deposits to the university's tender of authorised training abroad in accordance with section 3 (a) (a). 2, from tariffs of the annual financial laws and the number of annual students for the part of the training carried out in Denmark.

Paragraph 5. Universities are covered by the rules of the budget guide for the state-financed institutions. `

Paragraph 3-8 will then be referred to in paragraph 3. 6-11.

40. I Section 19 (1). 7, there will be paragraph 1. 10 shall be inserted after ' Section 4 (1). 1 ":", or section 7 ".

41. I Section 19 (1). 8, there will be paragraph 1. 11, shall be amended ' paragraph 1. The following shall be replaced by the following : 10. "

42. I Section 20 (2). 3, pasted as Act 2. :

" The university can offer entire training as of section 3 a, paragraph. 1, in accordance with the rules on the commercial enterprise. ` ;

43. Section 21 (1). FOUR, ONE. pkt., ITREAS :

' University may be subject to the provision of whole education abroad with a university of cooperation after Article 3 (a) (1) (a). 1, or research collaborating, grant grants to one or more foreign universities. ` ;

44. I Section 26 (1). 2, in the words ' 5 and 7 ` shall be replaced by ' 8 and 10 `.

45. I Section 26 (1). FOUR, THREE. pkt., the ' paragraph shall be amended The following shall be replaced by the following : 10. "

46. § 28, paragraph 1. 2-5, is hereby repealed and the following shall be inserted :

" Stop. 2. The College's annual report shall be subject to the auditing of the auditor in accordance with the law on the review of the accounts of the state

Paragraph 3. In accordance with paragraph 9, in the review of the accounts of the government, etc., the Accountor may, with the Minister, agree that audit tasks pursuant to paragraph 1. 2 shall be carried out in a specific form of cooperation between the impetutor and an institution-auditor. The institution ' s auditor shall be appointed by the board of directors of the university and shall be a certified state auditor. Unless otherwise stated in the agreement, the information provided by the university for the calculation of State grants shall be subject to the endorsement or declaration of the institution accountants or the accounts.

Paragraph 4. The Danish National Review and the Minister shall be informed of the assumption and dismissal of the institution auditor and the reasons for change of auditors.

Paragraph 5. The annual report shall be signed by the Administrative Board and the headmaster, cf. ~ 10 (1)) 5, and section 14 (4). 8.

Paragraph 6. The Minister may lay down rules for the clearance of accounts in accordance with the applicable state accounting rules at all times. `

47. I § 38, paragraph. 8, the ' or Trading School of the Aarhus ` ;

48. After Section 40 is inserted :

" § 40 a. The Minister for Science, Technology and Development can, after negotiating with the Minister of Education and the Finance Minister, approve the merger of the University of Aarhus at Aarhus University. '

§ 2

In the law of technology transfer, etc. in the public research institutions, cf. Law Order no. 753 of 17. In June 2010, the following changes are made :

1. Loven title ITREAS :

"Law on the commercial activities of public research institutions and cooperation with funds"

2. § 1 ITREAS :

" § 1. The law is aimed at strengthening competitiveness and the relationships of public research institutes to the surrounding communities, by :

1) public research institutions may set up and own limited liability companies in order to promote the transformation of new knowledge and technology between research institutes and business, cf. § 4,

2) universities can be founded and owning stock companies in the name of the provision of whole education abroad in accordance with the provisions of Article 3 (a) (3) (a). Paragraph 20 (1) and 20 (1). 3, cf. this law's § 4 a,

3) cooperation shall be underpinned between public research institutions and foundations, associations and the surrounding society, cf. § 10 13, and

4) universities can rent or sublet facilities for service activities, cf. § 13 a. "

3. I Section 4 (4). ONE, ONE. pkt., is inserted after ' § 1 ` : `, no. 1, "

4. The following section 4 is inserted :

" § 4 a. To promote the law in accordance with section 1, no. 2, may a university founder and own one or more limited liability companies and be part owner of one or more limited liability companies by other Danish colleges following this provision. The companies shall have the head office and the head office of the head office in Denmark.

Paragraph 2. The university's deposits in limited liability companies in accordance with paragraph 1. 1 or the acquisition of shares in such cases shall not exceed the highest of the following amounts :

1) Five million. DKK or

2) 3%. of the university's education grants from the University and Facilities Management Board of the financial year in question.

Paragraph 3. In the calculation of paragraph 1, 2 include deposits with the value of the time of entry and shares with the value of the acquisition or transfer.

Paragraph 4. The participating universities must own the stock companies in full.

Paragraph 5. A stock company set out in accordance with paragraph 1. 1 may fulfil its purpose by providing or acquiring ownership shares in shares in shares with the same purpose as the stock company. The stock shall be set out in accordance with paragraph 1. 1 may not only have such large ownership shares in companies covered by 1. a point that such a connection to a single limited liability company has been set out in accordance with paragraph 1. 1 or a single university as a subsidiary has to a parent company by company law.

Paragraph 6. The participating universities must use revenue in the form of dividends from the stock company to activities in their purpose.

Paragraph 7. The annual report shall give an account of the deposits and the acquiring of paragraph 1. 1 and for the economic medium between the universities or the participating universities and the shareholders in which the university has ownership shares.

Paragraph 8. The Minister for Science, Technology and Development can, with the approval of the authoritative authorities, regulate the financial framework in paragraph 1. TWO. "

5. I Section 5 (5). 1, and Section 7 (2). 1 and 2, in the words ' section 4 ` shall be replaced by ' § 4 and 4 a `.

6. § 6 ITREAS :

" § 6. A stock company founded upon this law shall be intended for commercial purposes and on market conditions to carry out activities in the context of either :

1) technology transfer, cf. § 4, or

2) the provision of training abroad, cf. § 4 a. "

7. I § 8 (3) 1, no. ONE, ONE. pkt., is inserted after "§ 6," : " no. 1, "

8. I § 8 (3) TWO, ONE. and 2. pkt., section 8 (4). 3, and 9, no. 1, the 'company law' is being replaced by 'company law'.

§ 3

In the Law of Public Houses, etc., cf. Law Order no. 103 of 11. February 2011, as last amended by Section 2 of Law No 201 of 13. March 2011, the following change is made :

1. I § 115, paragraph 1. 6, section 118 (1). THREE, ONE. pkt., and § 143, paragraph 1. TWO, TWO. pkt., ' technology transfer, etc. in public research institutions ` shall be replaced by ' the commercial activities and cooperation of public research institutes ' ;

§ 4

Paragraph 1. The law shall enter into force on 1. July, 2011, cf. however, paragraph 1 Two and three.

Paragraph 2. Section 1 (1). 2, section 19 (1). 5, and section 28 of the university law as drawn up by this law's § 1, nr. 1, 39 and 46, enter into force on 1. January 2012.

Paragraph 3. The Minister for Science, Technology and Development shall determine the entry into force of section 3 (3) of the university law. ONE, ONE. and 3. pkt., section 3 a, section 19 (1). 2-4 and 11, section 20 (4). THREE, TWO. pkt., section 21, paragraph. FOUR, ONE. pkt., and section 26 (s). 2 and paragraph 1. FOUR, THREE. pkt., as amended by this Act, section 1 of this Act. 3-6, 38, 39, and 41-45.

Paragraph 4. The university's amended statute must be delivered to the PM's approval by 1. March 2012.

Givet at Christiansborg Castle, the 14th. June 2011

Under Our Royal Hand and Segl

MARGRETHE R.

/ Charlotte Sahl-Madsen