Law Of Creation Of The University Of The Arts

Original Language Title: Ley de Creación de la Universidad de las Artes

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/document1.pdf



Whereas: Number 1 of article 3 of the Constitution of the Republic of Ecuador, which establishes as a duty of the State ensure without discrimination the cash enjoy the rights established in the Constitution yen international instruments, in particular the education, health, food, social security and water for its inhabitants; That, article 26 of the Constitution states that education is a right of people throughout his life, an inescapable and unavoidable duty of the State; priority area of public policy, the State investment, guarantee social inclusion and an indispensable condition for the good life; That article 27 of the Constitution determines that education "will be participatory, mandatory, intercultural, democratic, inclusive and diverse, quality and warmth. promote gender equity, justice, solidarity and peace", generating the obligation of the State to guarantee the constitutional principle of plurinationality and interculturalism, including curricular plans materials related to peoples and nationalities as a transverse shaft which refer to the cultures, customs, Linguistics, worldview, peoples and nationalities; That article 344 of the Magna Charter of the Republic of Ecuador, determines that the national system of education shall include institutions, programs, policies, resources and actors of the educational process, as well as actions in the levels of initial, basic education, and will be articulated with the higher education system; Number 1 of article 347 of the Constitution of the Republic of Ecuador determines: "it is the responsibility of the State: 1. strengthen public education and co-education;" ensure permanent improvement of quality, the expansion of coverage, the physical infrastructure and the necessary equipment of public educational institutions. (...)"; That, article 350 of the rule mater, points out that the system of higher education aims with mink scientific and humanistic academic and vocational training, promoting scientific and technological research, innovation, promotion, development and dissemination of knowledge and cultures in accordance with the objectives of the development scheme; That, article 354 of the fundamental State standard, establishes that the universities and polytechnics, public schools and individuals are created by law, prior favourable report binding of the body responsible for planning, control and coordination of the system of higher education, which will be based at the previous favorable and reports required of the institution responsible for the assurance of quality and the national planning agency; Whereas, article 355 of the Charter Supreme of the Republic of the Ecuador, among other principles, provides that the State will recognize the universities and polytechnic schools, academic, financial, organic and administrative autonomy consistent with the objectives of the regime's development and the principles enshrined in the Constitution; That article 357 of the Constitution of the Republic of Ecuador, says that the State will guarantee the financing of public institutions of higher education, and that the distribution of these resources should be based primarily on quality and other criteria defined in the law; That literal article 20 b) of the Basic Law of higher education (LOES), States that part of the heritage and funding of institutions of higher education, shall be made up of revenues established in the law of the Permanent Fund of development University and Polytechnic (FOPEDEUPO), which was created in order to support and strengthen the education infrastructure equipment and adequate conditions enabling a teaching technical and scientific; That article 108 of the LOES establishes that universities and polytechnic schools public and private individuals will be created by law, binding favorable report of the Council of higher education (CES); That, the tenth fifth transitional provision of the LOES, establishes that within 5 years after the entry into force of this law, are not created new institutions of higher education, with the exception of the National University of education, the Amazon Regional University, the University of the arts, and an experimental technology research University; That, through trades Nro. MC-DM-12-2465, of date 09 October 2012, and Nro. MC-DM-12-2923 dated November 19, 2012, the Executive function, through the Ministry of culture, presented to the CES the proposed tecnico-academica, as well as the range to it, for the creation of the University of the arts; That, the ETUC, supported by favorable reports issued by the National Ministry of planning and development (SENPLADES) and the Council of evaluation, accreditation and quality assurance and higher education (CEAACES), through resolution RPC-SO-22-No.223-2013, dated June 12, 2013 issued favorable and binding report for the creation of the University of the arts; That, through job no. T.6715-SNJ-13-676 of 9 August of 2013, submitted to the National Assembly, the Economist Rafael Correa Delgado, President of the Republic, ratified the efforts carried out by the Ministry of culture, for the development and presentation of 4 - second supplement - official record No. 145 - Tuesday, December 17, 2013 the proposed tecnico-academica for the creation of the University of the arts yremitio the corresponding draft law for their treatment; and, in the exercise of its powers conferred by the number 6 of article 120 of the Constitution of the Republic, issued the following: law of creation of the University of the arts article 1.-create the University of the arts, as an institution of higher education in law, non-profit, with own legal capacity, academic, administrative autonomy financial and organic, in accordance with the principles established in the Constitution and the organic law of higher education. The promoter of the University of the arts is the Executive function, through the Ministry of culture. Article 2.-The University of the Arts will be parent based in canton Guayquil, province of Guayas. The Council of higher education, within the framework of its competences laid down in the organic law of higher education, may approve the creation of sites, outside the province of matrix thirst, in accordance with the respective procedure. The higher institutes of Arts conservatories ylos, structured to the University of the arts in order to establish integrity in the system of higher education, in adherence to the provisions of the organic law of higher education and its regulation. Article. 3 they are heritage and sources of funding of the University of Arts those determined in the law of higher education and those from projects or investment programs generated for its implementation. The University of the Arts will participate in the proportional part of the incomes which assigns the State universities and polytechnic schools.

ONLY GENERAL provision in matters not provided for in this law shall apply provisions of the organic law of higher education, its General application rules, ydemas rules issued by the Council of higher education in the framework of its competences.

TRANSITIONAL PROVISIONS FIRST. -In accordance with provisions of the Constitution of the Republic, the law of higher education, and the building regulation, intervention, Suspension and request revocation of law, Decree-Law, Executive Decree of universities and polytechnic schools, once enacted this law, the President of the Republic shall appoint the members of the Management Committee.

For your appointment, the members of the Management Committee shall comply with the requirements established in the rules of creation, intervention, Suspension and request revocation of law, Decree-Law, Executive Decree of universities and polytechnic schools. The Management Committee shall act as highest authority of the University of the arts for a non-extendable period of 5 years from the entry into force of this law shall perform such academic functions, administrative, financial and regulatory required, with the functions of University authority, with responsibility for planning, manage, create, regulate and run actions necessary for the initiation and development of the activities of the institution. Who chairs the Management Committee, legally represent the University of the arts during the transition period. The members of the Management Committee will be of free appointment and removal. SECOND.-the Management Committee, as be integrated each of the estates of the University of the arts, will bring together the processes of choosing their representatives, who will be joining the Management Committee, in percentages of representation set out in the law of higher education and internal regulations of the University. THIRD.-the Management Committee within the period of ninety (90) days from its formation, will initiate the necessary legal and regulatory arrangements for the adoption of the Statute of the University of the arts, as well as careers and programs that make up their initial academic offering.


-FOURTH. -Within a maximum of one hundred and eighty (180) days prior to the conclusion of the transition period, it will be convened and will conduct the election process of the first authorities of the University of the arts, as well as representatives of the respective University constituencies before the maximum academic College upper, in the terms set forth in the law of higher education and the status of the institution of higher education. Authorities and elected representatives will assume its functions once the referred period of transition from five (5) years. Fifth.-the transfer of goods and resources that sustained the proposed tecnico-academica for the creation of the University, must be made on time and in accordance with the procedures established in the organic law of higher education, and other rules and regulations applicable. SIXTH.-during the first five years, the University of the arts, part of the FOPEDEUPO, without prejudice, in absolute values of the funds that they receive l s universities and polytechnic schools.

Second Supplement - Registro Oficial No. 145 - Tuesday December 17, 2013 - 5 FINAL provision this law shall come into force from their publication in the Official Gazette. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the twenty-sixth day of the month of November of two thousand thirteen. f.) GABRIELA RIVADENEIRA BURBANO, President. f.) Dr. Libya RIVAS ORDOÑEZ, Secretary General. PALACIO NACIONAL, EN SAN FRANCISCO DE QUITO, DISTRICT METROPOLITANO, DECEMBER 5, 2013. SUBJECT TO SANCTIONS AND PROMULGATED. f.) Rafael Correa Delgado, constitutional President of the Republic. Copy of the original, in six Folio is useful-LO certify. Quito, 9 December 2013. f.) Psic. Glenda Roxana Soto Rubio, Secretary General of the Presidency of the Republic (E).



No. 155 Rafael Correa Delgado President constitutional the Republic considering: The letter c) of article 4 of the law of public security and the State establishes that public and State security shall be guided, inter alia, by the principles of priority and opportunity, by which the State in their plans and security actions will give priority to prevention based on prospecting and appropriate measures in cases of risks of any kind; That article 13 of the same law establishes that the National Secretariat of intelligence is an entity of public law, with administrative and financial independence with legal personality responsible for the national intelligence system; That article 6 of the regulations to the law of public security and the State determines the national intelligence system, as a set of independent intelligence agencies together, functionally coordinated and articulated by the National Secretariat of intelligence, running specific activities of intelligence and Counterintelligence, to advise and provide strategic intelligence to the levels of conducting the policy of the State in order to guarantee national sovereignty, public safety and State, good living and defend the interests of the State; Article 7 of the foregoing regulations establishes the agencies that make up the national intelligence system; That article 8 of the above regulation establishes that the National Secretariat of intelligence is l governing body of the national system of intelligence, responsible for producing intelligence, intelligence strategic and Counterintelligence; The letter to) the article 9 of the abovementioned regulation foresees among other competences of the National Secretariat of intelligence, coordinate and integrate the various existing intelligence agencies of the State and others of a similar nature that will create in the future; That the service of internal revenue within its organic structure, has tax Intelligence Department, integrated by the so-called areas information systems and research of the tax fraud and laundering, corresponding them pursuant to the organic functional regulation, among other functions, provide analyses to determine sources of relevant information, both internal and external com for the implementation of the Plan of tax Control, designing the system of information on the programs of control, direct control and intelligence planning for the prevention of tax evasion and money laundering; It is necessary to coordinate activities of intelligence with other State agencies; That for his transcendental participation must pass part of the intelligence system, institutions that are running specific intelligence and Counterintelligence activities for ase pray to the levels of political leadership of the State; (and, in exercise of the power conferred by the number 13 of article 147 of the Constitution of the Republic, decrees: sole article.-reforming article 7 of the regulations to the law of public security and the State, in the following way: 1. at the end of the letter e), delete the following: "and"; 2 the letter f) will become the letter g); and, 3. Added a letter f), which has the following text: "f) Intelligence Department internal tax revenue service;" and "