Decree Of Law Of Higher Artistic Education Institutions

Original Language Title: Bekendtgørelse af lov om videregående kunstneriske uddannelsesinstitutioner

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Overview (table of contents)



Chapter 1



General provisions





Chapter 2



The institutions ' tasks





Chapter 3



Education and research





Chapter 4



Protection Agency





Chapter 5



Research training





Chapter 6



Economic conditions





Chapter 7



Various provisions





Chapter 7 (a)



Independent educational institutions, mostly funded by the State





Chapter 8



Transitional and commencement provisions



The full text of the Ordinance to the law on higher artistic education institutions

Hereby promulgated law on higher artistic education institutions, see. lovbekendtgørelse nr. 1673 by 11. December 2013, with the changes imposed by section 3 of Act No. 750 by 25. June 2014, section 23 of law No. 1362 of 16. December 2014 and section 5 of Act No. 1377 of 16. December 2014.

Chapter 1 General provisions § 1. The law applies to the following State institutions under the Ministry of education and research, providing training on the artistic disciplines: 1) the Aarhus School of architecture.

2) the Royal Danish Art Academy Schools of architecture, Design and conservation.

(2). Education Minister can determine that other State educational institutions under the Ministry of education and research within the scope of the law.

(3). The law also applies to institutions that may arise as a result of mergers among the institutions referred to in paragraph 1.

Chapter 2 section 2 tasks of the institutions. The Royal Danish Art Academy Schools of architecture, Design and conservation, as a higher education institution with the task of artistic and scientific basis to give training in architecture, design, preservation and restoration until the highest level as well as to exercise artistic development company and on the basis of scientific knowledge to drive research in the fields of architecture, design, crafts, preservation and restoration.

section 2 (a). The Aarhus School of architecture has as a higher education institution with the task of artistic and scientific basis to give training in architecture until the highest level as well as to exercise artistic development company and on the basis of scientific knowledge to drive research in the field of architecture.

sections 3-7 (b). (repealed) § 8. Educational institutions governed by the Act, should also contribute to spreading the knowledge of working methods and results within their areas of expertise.

Chapter 3 Education and research § 9. Education and Minister decides, after consultation with the institution, which the institution must provide education.

(2). An institution which operates research, shall take a decision on the research itself to be operated at the institution.

section 9 (a). The institution may offer additional educational activity for talented students who are admitted to a bachelor's or master's degree.

(2). The institution may offer single subject from a bachelor's degree for talented pupils in secondary education.

§ 10. Education and Minister lays down rules on: 1) Education content and duration, including the registration of students for educational items and sign-up of undergraduate training elements on a master's degree. 1) 2) Examinations, tests and assessments, including whether students signing up for and unsubscribe from these 2) 3) access to education and training.

4) recruitment of teachers and scientific employees.

5) acquisition of doctoral degrees.

6) Complaints to the institution from the students in connection with examinations and tests as well as procedures for their treatment.

7) criteria for the selection of the talented students who can attend additional training activities, see. section 9 (a), paragraph 1, and for the issuance of diplomas that can be applied to honors and recognition.

8) rules on the provision of single subjects, including criteria for the selection of the talented students who can participate in single subjects, see. section 9 (a), paragraph 2.

(2). Education and Minister lays down rules to the effect that the educational institution shall decide on the merit of parts of an education on the basis of completed and successful educational elements, including that the educational institution can obtain information of the student or other educational institutions in Denmark or abroad if carried out educational elements.

(3). Education and Minister lays down rules that educational institutions must publish a statistic over their credit practices.

(4). Before training and Minister lays down rules in accordance with paragraph 1, the institutions affected by the rules, have the opportunity to express its opinion, if the proposals are not derived from these.

(5). The institution may establish rules on expulsion and other disciplinary measures against students.

Chapter 4 Board of section 11. Education and Minister shall lay down detailed rules concerning the administration of the institutions.

(2). Before training and Minister lays down rules in accordance with paragraph 1, the institutions affected by the rules, have the opportunity to express its opinion, if the proposals are not derived from these.

section 11 (a). (repealed) section 11 (b). The Royal Danish Art Academy Schools of architecture, Design and conservation and the Aarhus School of architecture is State institutions whose senior management is carried out by a Board of Directors with an odd number of members appointed by the Minister of education and. Education and Minister shall determine the number of members of the Board of Directors.

(2). The Board's composition should reflect the institution's total tasks. The Board must have access to comprehensive education, research, artistic development enterprise, knowledge transfer, management, organization and economy as well as the areas of employment and occupation, as the institution educates.

(3). Education and Minister appoints a number of external members of the Board of Directors, including the Chairperson and the Vice-Chairperson. The Minister of education and appointed external members must collectively have experience in management, organization and economy and constitutes together with the by the Danish Arts Council designated member, see. (4) a majority of the members of the Management Board.

(4). The Danish Arts Council appoints an external Board member with special art professional qualifications in one or more of the institution's main areas of expertise.

(5). A minority of Board members shall be appointed by and among staff and students.

(6). External members of the Board of Directors and employee representatives are appointed for a period of 4 years, see. paragraph 1, while student representatives are appointed for a period of 2 years. Resign a member in the appointment period, the appointment of a new Member for the remainder of the period.

(7). Education and Minister may decide that the Board must resign if the Minister determines that the Board fails to live up to its responsibilities, in accordance with article 3. section 11 (c), paragraph 1. In this case, the appointment of a new Board of Directors according to the rules laid down in paragraphs 2 to 6.

section 11 (c). The Board of Directors is the face of education and Minister responsible for the institution's entire business, of the institution's application of the authorization for the institution's accounts and for compliance with the provisions laid down for the institution's work. The Board of Directors shall sign the institution's accounts.

(2). The Board of Directors shall promote the institution's strategic work and carry out the institution's interests as artistic educational and research institution. The Board shall determine, upon a proposal from the principal guidelines for the institution's organisation, long-term business and development.

(3). The Board hires and dismisses the Rector.

(4). The Board of Directors shall approve upon the recommendation of the Rector of the institution's budget, including the distribution of resources and the principles for resource use.

section 11 (d). Rector of the institutions referred to in section 11 (b) of paragraph 1, within the limits laid down by the Board of Directors, responsible for the day-to-day management of the institution's teaching, research, artistic development activities, administration and economy.

(2). Rector of the institutions referred to in section 11 (b) (1), hires and dismisses the institution's staff.

section 11 (e). The institutions referred to in section 11 (b), paragraph 1, shall be reduced by a disciplinary Council, where the Rector is President.

(2). The Council advises the Rector in Trade Union Affairs and to be consulted in matters relating to the institution's overall interests as artistic educational and research institution. The Council may give its opinion on all technical matters of major importance for the institution's business and has a duty to discuss the professional relationship, which the Rector shall submit.

Chapter 5 research training § 12. Education and Minister may lay down rules on the acquisition of the PhD degree on institutions that drive research on a high scientific level.

Chapter 6 economic conditions § 13. State appropriations for the institutions established on the annual appropriations laws.

(2). Education and the Minister may determine that an institution that provides 1) continuing training, 2) open education, 3) education of certain foreign students, 4) training of PhD students, whose education is financed by external funding,

can charge for participation in teaching and examination regulation. However, paragraph 3.


(3). Institutions may not charge any tuition fees or fees associated with talented pupils ' participation in single subjects, see. section 9 (a), paragraph 2.

(4). An institution may charge fee for total or partial coverage of costs associated with entrance examinations, examinations for private students and the like. The institutions ' libraries may also charge any fee in respect of late delivery, loss and damage of books and other material on loan.

(5). Kolding School of design and design and crafts training at the Royal Danish Art Academy Schools of architecture, Design and conservation may charge a fee from their students to cover consumption of common materials.

(6). Education and Minister lays down rules on the collection and regulation of fee in accordance with paragraph 5.

(7). Institutions can receive grants from other sources than from the concession laws. Such subsidies can be separated from state appropriations. Funds and scholarships can be created for such grant funds.

§ 14. Education and Minister can approve the institutions to conclude agreements of non-commercial nature of self-governing institutions and organisations that are related to the institutions, and whose main objective is linked to the institution's purpose.

section 14 (a). The educational institution may assume insurance responsibility for foreign guest researchers and not guest-enrolled PhD students, who, in the course of their stay in the institution incurs damage or cause damage to things or other people.

Chapter 7 miscellaneous provisions § 15. An institution's decisions in accordance with this law or in accordance with rules laid down under the law may, in the case of complaints over legal issues, be appealed to the Minister of education and regulation. However, paragraph 2.

(2). Education and Minister shall lay down detailed rules concerning access to complaint and can including determine that decisions, with the exception of complaints about legal issues by decisions on a student's legal status, should not be brought before the Minister.

section 15 (a). Education and Minister can empower a government agency under the Ministry or other government authorities after negotiation with the concerned minister to exercise the powers conferred on the Minister by this Act.

(2). Education and Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with paragraph 1, including that decisions should not be subject to appeal.

(3). Education and Minister may lay down rules governing the exercise of the powers of another government agency after negotiation with the concerned minister will be authorized to exercise under paragraph 1.

section 15 (b). Education and Minister can, upon a proposal from the boards of the Royal Danish Art Academy Schools of architecture, Design and conservation, Aarhus School of architecture and Kolding School of approving the merger of the relevant higher education institutions or amalgamation of these training institutes with universities, research institutions or other institutions of higher education. For institutions which do not fall within the education and Minister, approval after negotiation with the concerned minister happens.

(2). Aggregation in accordance with paragraph 1 is done without going into liquidation, by the higher education institution's rights and obligations are transferred to the new or the continuing institution.

(3). Education and Minister can, upon a proposal from the boards of the institutions who want cleavage, authorise an educational institution referred to in article 6. (1) by cleavage will transfer part of its rights and obligations to another educational institution, without prejudice. (1) to a University, a research institution or another higher education institution. Splitting happens, parts of the higher education institution's rights and obligations be entrusted to one or more existing or new institutions. For institutions which do not fall within the education and Minister, approval after negotiation with the concerned minister happens.

(4). It is a condition by the merger or demerger in accordance with paragraph 1 in accordance with paragraph 3, that there are no restrictions on existing rights.

(5). Merger and demerger in accordance with paragraph 1 in accordance with paragraph 3 may be carried out without the consent of the creditors. By mergers of two or more State institutions, where the continuing institution remains a State institution, is happening not defendant switch.

(6). If a State institution merged with a State-sponsored independent institution of Government in the continuing institution will be government-funded freehold.

(7). Education and Minister may lay down detailed rules on mergers and divisions.

section 15 c. State officers in connection with the merger or demerger of the institutions referred to in article 6. section 15 b, paragraph 1, or other educational or research institutions under the Ministry of education and research are transferred to another appointing authority, see. section 15 (b), may choose to maintain their employment relationship as State officers during the execution of the work by the institution to which the employees are transferred from the merger or the Division.

(2). Other officials in connection with a merger or demerger of an institution, without prejudice. section 15 b, paragraph 1, or other educational or research institutions under the Ministry of education and research are transferred to another appointing authority, see. section 15 (b), are released for recruitment under the new appointing authority on terms which, moreover, corresponds to the existing conditions.

(3). The institution to which the official is transferred, shall be borne by the wage costs and pays pension contributions to the Treasury for civil servants fall within the scope of paragraphs 1 and 2, including any costs of wait money or rådighedsløn and after income of salary. Costs of current pension shall be borne by the State, see. However, paragraph 6. In the event of termination of the institution are also held any expenditure to wait money or rådighedsløn and after revenue from salaries of officials of the institution of the State Treasury if it is discontinuing the institution does not have the means to defray the expense.

(4). Decision on suspension, the launching of the official investigation, the designation of the interrogator, the imposition of disciplinary punishment and the construction of libel actions in accordance with the rules of the law on civil servants taken by the institution's top leader.

(5). Decision pursuant to paragraph 4, with respect to the Rector and other senior management of the institution, shall be taken by the Acting Board of Directors at any time.

(6). The provisions of the law on the University colleges of higher education section 67, paragraph 6-11, on officials who, under the law on local government reform is transferred to a University College, shall apply to the institutions, which after a demerger from or merging with a University College takes over such officials.

§ 15 d. education and Minister may require personal information from the educational institution for students and graduates to use for gathering information about students ' assessment of the quality of education on their own education and graduates assessment of their educational relevance in relation to their employment.

§ 16. Education and Minister can approve exceptions from the provisions of the Act on a proposal from the institution.

(2). Education and the Minister may lay down special rules for institutions or parts thereof, performing specific tasks, or where special circumstances so dictate.

Chapter 7 a self-governing educational institutions that predominantly financed by State section 16 (a). the rules laid down in this chapter apply to Kolding School of Design.

(2). Education and Minister may upon application from the institution concerned provide that other non-profit educational institutions under the Ministry of education and research, which are predominantly financed by the State, and provides training on the artistic disciplines, covered by the provisions of this chapter.

(3). This chapter 3 and 5-7 shall also apply to institutions covered by this chapter.

(4). Under the prerequisite of approval from the bevilligende authorities may request from the Minister of education and an independent institution subject to the provisions of this chapter provide that the institution put into becoming a State institution and covered by the provisions of this law on State institutions.

section 16 (b). the institution is required to contribute to the implementation of an evaluation of the institution's activities, if education and Minister decides to implement such.

§ 16 (c). Education and Minister may lay down detailed rules on the conditions for government subsidies, including the number of students, as well as rules about budgets, accounts, checking and supervision, etc. for the institution.

(2). The institution must follow the laid down by the Minister of finance or the agreed provisions on wages and conditions of employment, including pensions, for the staff employed by the institution.

(3). Education and Minister can determine that the State grants to the institution will lapse in whole or in part, provided education and Minister considers that there is no further need for the institution or part of its business, or if the institution will override existing rules or conditions established for government subsidies.


§ 16 d. Den selvejende institution relationship shall be regulated by a Statute approved by the education and Minister.

§ 16 (e). The institution's Board of Directors responsible for the overall management of the institution.

section 16 (f). The Board of Directors is the face of education and Minister responsible for the institution's activities, including the management of the State grants.

(2). Education and Minister can give the Board orders the rectification of specified matters relating to training and the management of the State grants. If the Board fails to comply with the injunction after 1. sentence, can education and Minister decide 1) that the Board's tasks or parts thereof for a period of time are carried out by persons appointed by the Minister of education and, or 2) that the Board resign so that a new Board will be elected according to the rules of the institution's Statute.

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

§ 16 (g). The institution's Rector is responsible for the organisation of the institution's teaching and also have the daily educational, administrative and financial management of the institution.

§ 16 h. decision to bring a lawsuit against the Board members, Rector, auditors or others on the occasion of the loss suffered by the institution may be taken by the Board or by education and Minister.

§ 16 in. In the event of termination of the institution be used any net worth for educational and training purposes in accordance with the Minister's determination of education and research.

Chapter 8 transitional and commencement provisions § 17. The law shall enter into force on the 1. August 1994.

(2). Rules laid down in the royal decrees and ordinances that are applicable at the time of the entry into force of this law shall remain in force until they are repealed or replaced by rules established in accordance with this law.

(3). Persons who at the time of entry into force of this law carries out duties in accordance with the rules laid down in the royal decrees and ordinances, shall remain in Office until they are replaced by persons who are appointed or elected in accordance with the rules laid down pursuant to this Act.

§ 18. (Omitted)

Act No. 549 of 31. May 2011 (change of administration of certain educational institutions as well as the merger of the Royal Danish Academy of Fine Arts, school of architecture, Denmark's Design school and the Royal Danish Academy of Fine Arts Conservator school, etc.) 3) includes the following entry-into-force provisions:

§ 2 the law shall enter into force on the day after publication in the Official Gazette. 4)

§ 3 paragraph 1. (Omitted)

(2). section 11 (c) (3), shall take effect for the Aarhus School of architecture, where the person who is the headmaster at the time of the entry into force of the Act, the termination of his or her duties.

(3). (Omitted)

Act No. 750 by 25. June 2014 (Initiatives for particularly talented students) 5 date of entry into force) contains the following provision:

§ 7 paragraph 1. The law shall enter into force on the 1. July 2014, see. However, paragraph 2.

(2). (Omitted)

Act No. 1362 of 16. December 2014 of higher artistic education institutions under Kulturministeriet6) contains the following entry-into-force provision: section 24. The law shall enter into force on the 1. January 2015.

Paragraphs 2 to 4. (Omitted)

Act No. 1377 of 16. December 2014 (Transparency in the choice of education, insurance of visiting researchers, requirements for translation of diplomas and temporary transitional arrangement supplementing between bachelor's degree and master's degree) 7) contains the following entry-into-force provision:

§ 8 paragraph 1. The law shall enter into force on the 1. January 2015.

Paragraph 2-3. (Omitted)

The Ministry of education and research, the 26. January 2015 Sofie Carsten Nielsen/Pernille Olesen Mønnike Official notes 1) § 10, nr. 1 sign-up and unsubscribe to training subjects, have effect for undergraduate and graduate students at designskolen Kolding and for undergraduate students, which start a bachelor-or basic education 1. July 2014 or later. For other undergraduate and graduate students have to section 10, no. 1 sign-up and unsubscribe to training subjects shall apply from the 1. July 2015, see. § 3, nr. 1 and 2 of law No. 898 of 4. July 2013, as amended by Act No. 520 of 26. may 2014.

2) § 10, nr. 2, sign-up and unsubscribe to the training samples, have effect for undergraduate and graduate students at designskolen Kolding and for undergraduate students, which start a bachelor-or basic education 1. July 2014 or later. For other undergraduate and graduate students have to section 10, no. 2, sign-up and unsubscribe to training samples effect from 1. July 2015, see. § 3, nr. 1 and 2 of law No. 898 of 4. July 2013, as amended by Act No. 520 of 26. may 2014.

3 Amendment relates to section 1), paragraph 1, article 2, paragraph 2 (a), section 4, article 11, paragraphs 2 to 4 and § § 11 a-11 (e).

4 the law was promulgated in the Official Gazette the) 1. June 2011 and entered into force on 2. June 2011.

5 Amendment relates to section 9 (a)), section 10 (1) (8). 7 and 8, and section 13 (2) and (3).

the amendment relates to section 1) 6 (1) and (3) and §§ 3, 5-7 and 11 (a).

7 Amendment relates to section 13), paragraph 6, and sections 14 (a) and 15 (d).

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