Amendments To The Statute.

Original Language Title: Modificazioni allo statuto.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-12&atto.codiceRedazionale=15A00122&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

THE RECTOR Having regard to Law 9 May 1989 n. 168; View of the law 30 December 2010 n. 240; Given the Statute of the University 'of Messina, issued with the Rector's Decree no. 1244 May 14, 2012 and published in the Official Gazette - General Series - n. 116 of 19 May 2012; Considering the decisions taken by the academic senate, during the meetings of 25 September and 7 October 2014, with which were approved the amendments to the by-laws of the University 'of Messina as well as' the resolution passed by the Management Board, in its meeting of 27 September 2014, by which the Board expressed a favorable opinion on the aforementioned statute changes; Given the note prot. n. 66101 of 15 October 2014 by which those decisions were forwarded to the Ministry of Education for the control provided by law; Considering that the Ministry of Education, in a memorandum dated 12 December 2014, prot. 30923, made comments on the proposed amendment of some articles of the Statute, precisely, on the amendments made to Article. 20, paragraph 1, art. 53, para 2, art. 54, paragraph 5, and art. 57, paragraph 5; Considering the decisions taken by the Academic Senate and the Board of Directors at meetings of 29 December 2014, by which the collective bodies have fully incorporated the comments and ministerial requests, considered sharable;
Decrees: The Statute of the University and 'so' amended as follows:
Sole Article In Article. 2, we introduce the following paragraph 3: '3. The University 'ensure the development, innovation, transfer and use of knowledge for the benefit of the individual and of the community', to promote cultural progress, scientific, economic and social. " The current paragraphs 3, 4 and 5 take on the numbers 4, 5 and 6. In Article. 5, paragraphs 7 and 8 are so 'replaced' 7. The University 'may' take part, in accordance with methods 'established by resolution of the Board and subject to the binding opinion of the Senate, to companies' or other associations or private foundations for the development of attivita 'connected to the attivita' educational and / or research or otherwise useful in order to optimum achievement of its institutional goals as required by current legislation. 8. The University 'has a seal, the use of which by third parties and' subject to approval of the rector. " For reasons of sistematicita ', Articles 7 "Governing Bodies" and 8 "Access to financing funds' Statute and are reversed and' moved to section I of Title II. Thus Article. 7 "Access to financing funds' is now part of Title I and Section I of Title II takes early art. 8 "Governing Bodies". Art. 9, the first 2 periods of paragraph 1 are so 'replaced' 1. The rector and 'directly elected by: a) professors, researchers and indefinitely temporary research in art. 24, paragraph 3, letter b) of Law no. 240/2010; b) fixed-term researchers other than those indicated in paragraph a), whose vote is counted to the extent of 30 per cent; c) administrative managers; d) administrative staff, readers and contributors linguistic experts whose vote is counted to the extent of 25 per cent of the total number of tenured professors and researchers indefinitely eligible voters; e) students, PhD students, trainees whose vote is counted to the extent of 30 per cent of the total number of members of these categories in the academic senate, board of directors and departmental councils. " The letter m) of paragraph 9, after the word "censorship" the words "subject to the advisory opinion of the Disciplinary Board 'shall be deleted. Art. 10, letters b), c), d) and e) of paragraph 1 are so 'modified:
"b) by all the heads of departments; c) by three professors, three associate professors and three researchers indefinitely, chosen according to the procedures' referred to in paragraph 3, representing the scientific areas indicated in the following paragraph 2; d) five students elected according to the procedures' referred to in the regulations for the election of representatives to the University within the governing bodies; e) three representatives of the administrative staff and readers and linguistic experts employees, who remain in office for three years and may be reelected consecutively even once. " Paragraph 2 and 'so' follows: 'For the purposes' referred to in paragraph 1, letter c), are consist of the following scientific-disciplinary macro-areas: 1. Science (area 1 - Mathematical and Computer Sciences; Area 2 - Physical Sciences; Area 3 - Chemical Sciences; Area 4 - Earth Sciences, Area 8 - Civil Engineering and Architecture; area 9 - industrial and Computer Engineering); 2. Life sciences (area 5 - Biological Sciences; Area 6 - Medical Sciences; Area 7 - Agricultural and Veterinary Sciences); 3. economic and legal Humanities (area 10 - Science of the Ancient ', literary philology and art history; Area 11 - Historical, philosophical, pedagogical and psychological; area 12 - Legal Sciences, Area 13 - Economic Sciences and statistics; area 14 - political and social Sciences). Each macro-area elects a professor, an associate professor and a permanent researcher belonging to different areas CUN.. " The first two periods of paragraph 3 are so 'replaced' Since none CUN area potra 'have more' a representative will be elected to those who have obtained the most 'high percentage of the number of eligible voters of their macro and their role. " In the second sentence the word 'area' and 'replaced by' macro-area. " The third time the word 'four' and 'replaced with the word "three." Paragraph 5 and 'deleted. In paragraph 6, point e), the words "the budget of the annual and three-year forecast and the final account of the University '' are replaced with the words:" the single budget of the University's annual and three-year budget forecast and the unique University of exercise. " In paragraph 8, the second, third and fourth sentences are deleted. At the beginning of paragraph 10 and the following period 'inserted:' Take part in the meetings of the Senate in an advisory capacity the pro-rector vicar who serves as president with the consent in the absence of the rector. Participates, altresi ', in an advisory capacity, the coordinator of the college of Prorectors.. " Art. 11, points c) and d) of paragraph 1: I'm so 'change' c) two external components that do not belong to the University for at least three years at the University of Messina roles nominated by the Academic Senate; d) four internal components to the University, including one professor, one associate professor, a researcher, belonging to macro-scientific subject areas, and a representative of the administrative staff and readers and linguistic experienced employees, elected by components of each category. The right to elect, within each macro-area, it is up to all the teachers of first and second end and to all researchers. The representative of the teaching staff and 'determined proceeding prior to the draw of the component which is to be attributed for election for each macro-area. Then be elected the representative for each macro-area. Candidates are elected who have obtained the highest number of votes. " In addition, at the end of the paragraph and 'it added the following sentence: "It is for the senate to declare the admissibility' of candidacy, after verifying that they meet the aforementioned requirements." In paragraph 2 the word 'four' and 'replaced with the word "three." Paragraph 3 and 'so' follows: 'In the event of early termination of office and provided that has yet to effect a period of time of at least two months before the termination of their mandate, makes place for the internal components to the subrogation of the subject ceased with first non-elected only for the remaining period of office; for external components, making the exchange by referring to the availability 'originally dates.. " Paragraph 4 is worded as follows: "The members of the board are appointed not elected in accordance with the constitutional principle of equal opportunity 'for men and women in access to public office.." Paragraph 5 and 'so' amended as follows: "Those who, outside the Ateneo, aspire to be part of the board are required to submit to the rector, following public notice, in the times and in the manner 'established by specific Regulation, their employment history, which will 'then be submitted to the academic Senate. They are elected the two candidates who obtain an absolute majority of votes. In the event that, after the second vote, who remain seats to be give you 'going to a third round of voting which will' admitted a number of candidates equal to twice the number of seats to be filled. In this round the candidates will be allowed more 'rated in the previous year and be elected those who have received the most votes. In each round of election each member of the Senate potra 'express many preferences as there are seats to be filled. In case of equal 'votes will prevail the most' senior candidate.. " In paragraph 7, the second, third and fourth sentences are deleted. The first sentence of paragraph 9, and 'so' amended as follows: "Take part in the meetings of the Board in an advisory capacity the pro-rector vicar who serves as president with the consent in the absence of the rector. Participates, altresi ', in an advisory capacity, the College of Prorectors coordinator'. Art. 12, paragraph 1, letter g) the words "the budget, annual and three, and the final balance 'are so' replaced 'public budgets and final accounts documents of synthesis". To in art. 13 the word 'administrative' and 'replaced by the following: "Administration"; letter b) and 'suppressed by sliding under letters and e' was added to listing the letter 'h) the quality of the' garrison '. Article. 15 and 'deleted. Art. 17, paragraph 2, the third period and 'so' replaced 'The members serve for three years and are not immediately renewable. " The fourth period and 'deleted. Art. 20, paragraph 1, third sentence, the words "an absolute majority and on the basis of a comparative evaluation of curricula presented after appropriate public notice" shall be deleted; after the third period, too, and 'inserted as follows: "The election takes place on the basis of a comparative evaluation of curricula presented after appropriate public notice, by an absolute majority or, in the case of non-election in the first round, following off election between the two candidates more 'rated. " They are introduced, at the end of art. 21, the following paragraphs 4 and 5: "The management of quality 'and' composed of eight members, five of which are chosen from among the teaching staff and three of the administrative staff of the University '; and 'she chaired by a professor, chosen from among the appointed members, who acted as coordinator. The management of quality 'is appointed for three years. 5. The Presidium of quality 'oversees the smooth operation of the quality assurance procedures' for the activities' teaching and research.. " Art. 23, paragraph 8, the first sentence is replaced by the word "forty" with "fifty". In the second sentence, the word "forty" and 'replaced by the word "fifty". Is introduced at the end of paragraph 8, the following sentence: "The number of Departments and 'equal to twelve." Art. 26, the end of the first sentence of paragraph 2, the words "a representative of the administrative and technical staff" are so 'replaced' representatives of the administrative staff to the extent of one, if the number of professors at the department is lower or equal to seventy, two if the number is greater than seventy and up to one hundred and twenty, of three, if the number is greater than one hundred and twenty ยป. Art. 28 paragraph 2 and 'so' read: '2. The manager and 'normally elected among full professors pertaining to the department, in accordance with applicable law and in accordance with methods' established by the Department Regulation. Have electoral legitimacy active professors, researchers, representatives of non-teaching staff and the administrative secretary part of the department council as well as 'all students, graduates and postgraduates enrolled in courses incardinated in the department as well as' the docs pertaining to the same. The vote of students, doctoral candidates, the interns and fellows is counted in the thirty per cent of the number of representatives of the above categories on the board of the department. For the election of the Director, shall apply mutatis mutandis to the provisions contained in paragraphs 1-5 of Article. 9 of this Statute. The Director is appointed for three years and 'also re-elected consecutively only once. The Director shall designate one of the professors of the department a Deputy Director who replaces him in case of absence or impediment, and shall hold office for the term of office of the Director. The director and the deputy director shall be appointed by decree of the rector. The Deputy Director and 'revoked by decree of the Rector, on a proposal from the Director.. " Art. 39, paragraphs 3 and 4 are so 'modified' 3. School bodies are the council, composed of the teachers of the school and three representatives of the interns, and the director. The council resolution the statute and internal regulations of the school, oversees all the activities' of the school; He coordinates the courses; He elects the director usually among full professors who perform activities' teaching at the school. Only in the event of unavailability 'of the latter, the charge can' be assumed by an associate professor. 4. The Director is appointed for three years and 'appointed by decree of the rector; convene and chair the Board and oversees the implementation of the Board's deliberations. " In paragraph 5, the words "the term of office of the Director" shall be deleted. Art. 53, paragraphs 2 and 3 are deleted. In the heading of Article. 53, the words "and elective positions" are repealed. Article. 54 'so' it replaced '1. I am not eligible for any academic position indicated by this statute: a) those who have been sentenced by final judgment to imprisonment exceeding a total of six months to one or more 'crimes committed with abuse of power or violation of the duties inherent to a public function or a public service; b) those who have been sentenced by final judgment to a term not less than one year's imprisonment for an intentional crime. 2. Students have the active and passive electoral legitimacy only if they are enrolled in a course of study. 3. Have the passive electoral legitimacy students enrolled for the first time and no later than the first year course in degree courses, master's degree and doctorate from the University ', in order to the applications lodged with the payment of tuition fees related to the academic year in progress. Students out of course, beyond the first year, do not have the capacity to be sued for the posts provided for in this statute and, if they are already 'components of elected bodies, decaying by them. The mandate of student representatives lasts two years and 'renewed only once. 4. Students are called to be part of the governing bodies of the University 'diminish with each graduation of conclusive study of the course in which they are registered at the time of the nomination proposition. 5. In the event of early termination of an organ will proceed without delay to the renewal of the charge and the new elected remains in office for the completion of the remaining term of office. The period so 'and held' computed for the purposes of aggregation and re-election limit. A rule shall not be renewed if the remaining term of the mandate and 'less than six months. In this case, the mandate and 'covered by the professor responsible dean. The provisions mentioned in the two previous periods do not apply to the charges provided for by art. 2, paragraph 1, letters d), g) and m) of Law No. 240/2010. All applications must be submitted within the time specified in the decree of convocation of the elections. 6. Students called to be members of the governing bodies of the University 'diminish with each graduation. The forfeiture referred to in this paragraph shall not apply if the representative student is enrolled, no continuity 'solution, to a degree course, in continuation of the studies undertaken. The forfeiture apply to representatives in the course of study tips. The forfeiture shall also apply 'representatives in the department councils, unless the representative student is enrolled, no continuity' solution, to a degree course, pertaining to the same department, in continuation of the studies.. " Art. 55, paragraph 5, letter a) the words: 'where will be elected to be part of' shall be deleted. The paragraph 3 of art. 57 'so' replaced 'Participation in the governing bodies and' mandatory, unless otherwise justified. The collegial body may 'not justify the absence. The unjustified absence for more 'than three consecutive sessions to an elected body involves the removal from office. In that case, it rises to subrogation or replacement of the decayed part. The decadence and 'deliberate collegial organ and declared by Rector's decree.. " In paragraph 4, the word 'may' and 'replaced with the following: "I am," and, at the end of the paragraph, the words "organ itself" are repealed. Is also added the following paragraph 5: 'If, after the mandate of the academic bodies without having completed the renewal process, these remain in office, under the extension system, for a period of up to forty-five days for the sole purpose of exercise the attivita 'of ordinary administration and to take urgent actions and can not be postponed.. " Article. 59 and 'deleted. Art. 61 paragraph 1 and 'so' replaced '1. The new departmental structure will enter 'into force with effect from 1 October 2015.'. After paragraph 1 shall be inserted the following paragraphs 2, 3, 4, 5, 6 and 7: "2. The academic senate in office at the date of approval of these changes cease 'at 30 September 2015. The representatives of the students and the administrative staff will remain in office until the natural expiration of their term. 3. From 1 January 2015 to 28 February 2015 recommendations of the department will propose a part of the criteria of professors and researchers of the new departmental structures as well as' the incardinamento criteria of the study courses, with their address resolutions. By 15 March next, the Academic Senate, on the basis of departmental proposals, will indicate 'the general direction of the University for the establishment of new departments. By 30 April next, the teachers will present their requests for affiliation to selected departments in accordance 'with the approved addresses. By May 20, the academic deliberate 'Senate on the new departmental structure and to its inclusion of educational programs in the new departments. 4. By 31 July 2015, will be elected representatives of students, graduate students, the fellows, as well as the trainees' technical and administrative staff in the department councils. The representatives of students, graduate students, the fellows and interns will remain in office only for the 2015/2016 academic year. 5. By 30 September 2015, the departments will proceed to the election of directors. The mandate of direction took place in the departments constituted the first application of the Statute issued by Chancellor's Decree n. 1244 May 14, 2012, and 'count towards the limit of mandates. 6. By the date specified in the preceding paragraph, will proceed 'to the renewal of the elective members of the Senate. Elected offices held in academic senate constituted the first application of the Statute issued by Chancellor's Decree n. 1244 May 14, 2012 are counted for the purpose of the limit of mandates. 7. The organs other than the Senate, on the advice of the departments and the presidents or councils of SIR in office on the date of entry into force of these changes, there remain until the natural expiry of the mandate. " The current paragraphs 2, 3, 4 and 5 are renumbered 8, 9, 10 and 11 '. This decree will be 'published in the Official Gazette of the Italian Republic.
Messina, December 30, 2014
The rector: Navarra