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PROPOSED LAW NO. 148 /X

Exhibition of Motives

The Portuguese higher education reform responds to a strategic goal of the

Program of Government. It is still inserts into the current European modernization movement

of universities and polytechnics for the development of societies and economies of the

knowledge.

This reform is today essential for the development of the Country and constitutes a

unprecedented opportunity for the institutions of higher education themselves and for the

their most dynamic communities.

It is a carefully prepared and widely discussed reform in its

fundamental options.

During the whole of 2006, it was developed by the OECD, by request of the Government,

an in-depth analysis of the Portuguese higher education system. That assessment, which

involved not only the dialogue with the institutions themselves but also the hearing of

a wide range of social actors, sought to situate the challenges and opportunities of the

higher education in Portugal in an international perspective, and led to a report

final presented publicly and largely debated at the end of the year.

Also in 2006, and at the request of the Government, the European Quality Assurance Network

of Higher Education (ENQA) has carried out an extensive analysis of the accreditation system and

assessment of higher education in Portugal and produced recommendations targeting reform

of that system with a view to the adoption by our Country of the approved guiding lines,

on this matter, in the context of the European process of Bologna.

In parallel, it was stimulated and financially supported the practice of evaluation

external institutional of the Portuguese higher education institutions, specifically

through an established framework agreement with the European Association of Universities

(US), having been since soon initiated that process, by voluntary adherence of the

institutions.

Naturally, the first priority of the Government, since 2005, has gone to the

concretization of the Bologna Process in Portugal, and for the rapid overcoming of the delay

verified in this matter.

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In effect, it was treated not only to ensure the recognition of the qualification of the

Portuguese in the European space, and their mobility, but especially of promoting the

equality of opportunity in access to higher education, improving levels of

frequency and completion of the courses, attracting new audiences, diversifying the offer of

formations.

This process included, among others, the following actions:

-Approved by the Assembly of the Republic of the proposal for revision of the Bases Act of the

Educational System, with a view to creating the legal conditions for the realization of the

process of Bologna of reform of higher education, which was followed by the

approval of the diploma relating to grades and diplomas of higher education,

establishing the general principles of organizing the cycles of study and its

accreditation process, as well as fixing the transitional rules to be adopted for the

reorganisation of the courses in operation and for the creation of new cycles of

studies. It is in this context that about 50% of the courses taught in Portugal already

are adapted to the Bologna model, predicting that about 90% of these courses

are adapted at the beginning of the next school year;

-Reform of the technological specialization course scheme (CET), especially

in higher polytechnic schools, aiming to increase the supply of training

level 4 professional and extend access to this training to new audiences, opening

still new avenues of access to higher education. More than 70 new courses have been already

created;

-Regime approval that simplifies and relaxes access to higher education,

notably, the largest of 23 years with appropriate training and experience. About

of 10000 new students have joined already in this academic year, by that route, in teaching

top;

-Support for actions to combat abandonment and school insuccess, from the initiative of the

own institutions, alongside the stimulus to strengthen the qualifications of the staff

lecturer and research activities in all higher education;

-Clarification of conditions for access to higher education, passing on to the

candidates ' positive rating in national entrance exams specific to the

respective course;

-Rationalization of the provision of first-cycle higher courses, restricting itself in the

public education the undergraduate courses with less than 20 students, save exception

justified or provided for in the law;

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-New legislation on the recognition of degrees and diplomas that facilitates the

national and international mobility of students and graduates.

It was meanwhile prepared by the Government and presented to the Assembly of the Republic to

proposal for a new Higher Education Institutions Assessment Act, enshrining the

need for external and independent evaluation of courses and institutions, and doing

depend on the accreditation of study cycles leading to the assignment of degrees

academic preview academics. The establishment of the National Assurance Agency

Quality of successive Higher Education to the approval of the Assessment Act will be the

main instrument for its effective implementation.

In 2006, a new investment cycle in scientific development was still initiated.

of the Country, corporated at the launch of the initiative "Commitment to Science", with

manifest impact on the qualification and opening-up of higher education and the strengthening of the role

of the research institutions.

It is an example of this process the realization of the first major partnerships

international for higher education and science and technology (MIT, CMU) initiated in

2006 and continued in 2007 ( UT Austin, Fraunhofer ). These partnerships potentiate the

offer in Portugal of international level education programmes, strengthen the

mobility of students, lecturers and researchers, and aim to stimulate growth

economic through science-based innovation, attracting new talent and activities

of higher value added, promoting still access to new markets by

Portuguese technologic base companies.

The present proposal for the Act on the legal regime of educational institutions

superior regulates the constitution, assignments, organisation, functioning,

organic competence and the public supervision of such institutions. The proposal was

preceded by the presentation and discussion, in the Assembly of the Republic, by the First-

Minister and, subsequently, by the Minister of Science, Technology and Higher Education, das

lines of direction of the reform proposed by the Government. Such guidelines

were still the subject of public debate, specifically within the framework of the Council

National of Education, and of consultation and dialogue with the representative entities of the

sector.

The provisions of this proposed law applies to all educational establishments.

higher and the higher education system as a whole, that is, to higher education

public, composed of the institutions belonging to the State and the entities by it

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instituted, and the private higher education, composed of the institutions belonging to

particular entities and cooperatives.

They meet, thus, in a same law, the schemes applicable to public institutions and

private, university and polytechnics.

The Law of the Autonomy of Universities, the Law on the Status and Autonomy of the

Polytechnic Higher Education Establishments, the Status of Higher Education

Particular and Cooperative and the Legal Regime of the Development and Quality of the

Higher Education.

This Law shall regulate, in particular, the following aspects:

-Principles of organisation of the higher education system;

-Autonomy of universities and polytechnic institutes;

-Principles of organization and management of higher education institutions;

-Legal regime of public and private institutions of higher education;

-Regulation and public network planning;

-Requirements for the creation and processing of higher education institutions;

-Liability and surveillance of institutions,

The main options of this reform are emphasized:

-The adoption of a demanding framework of reference for development and quality

of the Portuguese higher education system, with a focus on the purpose of qualification, of

international level, of its students;

-The enhancement of the specialization of the binary system, clarifying the different nature and

objectives of universities and polytechnic institutes;

-The introduction, entirely innovative, of diversity in the legal status of the

public institutions, with the creation of public foundations of private law, the

example of some of the best international practices;

-The definition of common requirement requirements for the creation and continuity of

public or private institutions of higher education, requiring accreditation

preview of the courses to be taught and imponing, specifically, minimum levels of

doctoral staff, depending on the size of the institutions. All universities,

in addition to other specific requirements, they should come to have a minimum of one

doctor for 30 students;

-The enhancement of guarantees, in particular in equity or financial, and of

transparency as to the identity of their owners, required of the entities

institutions of private higher education institutions;

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-The consolidation and institutional integration of polytechnic institutes that leave from

be federations of separate and autonomous schools;

-The strengthening of the territorial and professional base of polytechnic institutes;

-The creation of the title of expert, to be conferred by Polytechnic Institutes a

practitioners of proven experience and seniority whose participation in the body

lecturer in the polytechnic higher education schools encourages itself. Thus, it opens to the

polytechnic higher education a new dimension of intervention in the social fabric and

economic, in association with relevant entities of the professional world;

-The consecration of the diversity of the institutions, in their organic structure as well as

in its forms of operation and organization;

-The prediction of consortia between institutions of identical nature, with functions

integrators, alongside other mechanisms of network reorganization and supply

formative, and of the organization of legal entities where institutions of

teaching and research, of a diverse nature and origin;

-The guarantee of the widest freedom of organisation of the institutions, with whole

flexibility in your internal organisation, specifically of your units

specific ones that will be able to take shape and distinct nature;

-The affirmation of the specificity of the teaching of the Arts, by expressly providing for

adoption of a specific and appropriate regime of requirements of the institutions in these

areas, specifically in the subject of qualifications of the faculty;

-The definition of the specificity and importance of the development of teaching a

distance, supported specifically by digital information technologies and

communication;

-The reform of the system of government of public institutions, ensuring the greatest

accountability and decision-making ability to its perpetrators. They define themselves so

only minimal organs of government of the institutions, without prejudice to freedom

statuary of the creation of other specific instances and forms of organization

necessary judgements. It creates a General Council, the top body of the institutions,

overwhelmingly composed of elected representatives of teachers and

researchers, which will necessarily include student representatives and still

a significant set of cooped personalities, external to the institution, which

stimulate and guarantee their openness to the social, cultural and economic life outside, in

percentage not less than 30%, the opinion of which is mandatory in subjects

fundamental. The scientific councils of higher education institutions pass the

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necessarily include representatives of your assessed research institutions

and recognized. The pedagogical advice, of parity composition among students

and professors, are mandatory prior consultation bodies in matters of organisation

pedagogical and methods of performance evaluation of the faculty and student body;

-The designation of the maximum leader of the institutions, whose assignments and

accountability are strengthened, committed to the respective general counsel, after

process that necessarily includes the public hearing of all applicants;

-The explicitation of the recognition of the role of student associations and the

associations of former students in the dynamisation of the quality of higher education, and

of their relationship with social, economic and cultural life;

-The creation of the figure of the Student Provider articulated with the functions and

competences of the organs of government of the institution and its organic units;

-The strengthening of the frequency conditions of student workers;

-The consecration of the right and duty of generic intervention of the State in the matter of the

definition of the cast of the specific proofs of access to higher courses, when

is in question the consistency of the system;

-The strengthening of the responsibility of the leaders of higher education institutions

public, and the limitation to eight years of the consecutive mandates of the top leaders;

-The clear consecration of the autonomy of financial management and personnel management of the

institutions of higher education;

-The requirement for consolidated accounting of expenses and revenue, and of the explanatory

integral of the cost structure, alongside the appointment of a single supervisor in all

institutions and periodic external audits, whose reports will be made

public;

-The mandatory drafting and entry into force of the new statutes of all

institutions up to six months after the entry into force of the law;

-The impact assessment forecast of the law in the light of its objectives to be carried out after the

its first five years of application.

With the revision of the careers statutes of university higher education and teaching

polytechnic superior, and still of the research career, in the coming months, complete-

if so is the reform of the higher education system announced in the Government's programme of

that the present law is structuring and fundamental element.

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Consultations have been triggered to the Council of Rectors of Universities

Portuguese, to the Coordinating Board of the Higher Polytechnic Institutes, à

Portuguese Association of Private Higher Education and the student associations.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Legal Regime of Higher Education Institutions

Title I

Principles and common provisions

Article 1.

Object and scope

1-A This Law establishes the legal regime of higher education institutions,

regulating, in particular, its constitution, assignments and organization, the

operation and competence of its organs and, still, the guardian and surveillance

public of the State on the same, in the framework of their autonomy.

2-The provisions of this Law shall apply to all higher education institutions,

ressaving the provisions of Articles 179 and 180.

3-Are the subject of special law, to be adopted in the framework of the fundamental principles of

present law, artistic teaching and distance learning.

Article 2.

Mission of higher education

1-Higher education is aimed at the high level qualification of the Portuguese,

stimulating the production and diffusion of knowledge, as well as cultural training,

artistic, technological and scientific of its students, in a frame of reference

international.

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2-Higher education institutions value the activity of their researchers,

lecturers and staff, stimulates the intellectual and professional training of their

students and ensure the conditions for all citizens to properly

habilitated can have access to higher education and learning throughout

life.

3-Higher education institutions stimulate the effective mobility of students and

graduates, both at the national and international level, specifically in space

European higher education.

4-Higher education institutions have the right and the duty to participate,

in isolation or through its organic units, in connection activities to the

society, specifically of diffusion and transfer of knowledge, thus

as of economic valorisation of scientific knowledge.

5-Higher education institutions still have a duty to contribute to the

public understanding of the humanities, the arts, science and technology,

promoting and organizing actions to support the diffusion of humanistic culture,

artistic, scientific and technological, and making the necessary resources available to these

purposes.

Article 3.

Binary nature of the higher education system

1-Higher education is organized in a binary system, owing to university education

orient itself towards the provision of sound scientific formations, joining efforts and

skills of teaching and research units, and polytechnic education

focus especially on vocational formations and technical formations

advanced, professionally oriented.

2-A The organization of the binary system must correspond to the demands of a search

increasingly diversified higher education oriented to the response to the

needs of those terminating secondary education and those seeking courses

vocational and professional and lifelong learning.

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Article 4.

Public and private higher education

1-The higher education system comprises:

a) Public higher education, composed of the institutions belonging to the State

and by the foundations by it instituted;

b) Private higher education, composed of the institutions belonging to

particular entities and cooperatives.

2-In the terms of the Constitution, it is incumbent upon the State to establish a network of institutions

of public higher education that satisfies the needs of the Country.

3-The right to set up private higher education institutions is guaranteed, in the

terms of the Constitution and of this Law.

4-It is not allowed for the operation of higher education institutions or cycles of

degree lecturer studies in franchise regimen.

Article 5.

Institutions of higher education

1-Higher education institutions integrate:

a) The institutions of university education, which comprise the universities, the

university institutes and other university education institutions;

b) The polytechnic educational institutions, which comprise the institutes

polytechnics and other polytechnic education institutions.

2-The university institutes and the other institutions of university higher education and

polytechnic share of the regime of universities and polytechnic institutes,

as per cases, including autonomy and own government, with the necessary

adaptations.

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Article 6.

Institutions of university education

1-The universities, university institutes and the other educational institutions

university are high level institutions oriented towards creation, transmission and

diffusion of culture, know-how and science and technology, through the articulation of the

study, teaching, research and experimental development.

2-Universities and university institutes confer the degrees of graduation,

master and doctor, in the terms of law.

3-The remaining university education institutions confer the degrees of licentiate and of

master, in the terms of the law.

Article 7.

Polytechnic education institutions

1-Polytechnic institutes and too many polytechnic educational institutions are institutions

high level oriented towards the transmission and diffusion of culture and the know of nature

professional, through the articulation of study, teaching, targeted research and

of the experimental development.

2-Polytechnic education institutions confer the degrees of licentiate and master,

in the terms of the law.

Article 8.

Assignments of higher education institutions

1-Are assignments of the institutions of higher education, within the scope of the own vocation of

each subsystem:

a) The realization of cycles of studies aiming at the allocation of academic degrees,

as well as from other post-secondary courses, from post-training courses

graduated and others, pursuant to the law;

b) The creation of the educational environment appropriate to their purposes;

c) The carrying out of research and support and participation in institutions

scientific;

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d) The transfer and economic enhancement of scientific knowledge and

technological;

e) The realization of professional training and updating trainings of

knowledge;

f) The provision of services to the community and support for development;

g) Cooperation and cultural, scientific and technical exchange with institutions

congeners, national and foreign;

h) The contribution, in its scope of activity, to international cooperation and

for the rapprochement between the peoples, with special emphasis on the countries of

Portuguese language and European countries;

i) The production and diffusion of knowledge and culture.

2-Higher education institutions compete, still, in the terms of the law, the granting of

equivalences and the recognition of degrees and educational attainment.

Article 9.

Nature and legal regime

1-Public higher education institutions are legal persons of law

public, and may, however, also redress the form of public foundations with

private law regime, under the terms set out in Chapter VI of Title III.

2-In all other than to counter the present law and too much special laws, and re-salvaged the

provisions of Chapter VI of Title III, public higher education institutions

are subject to the scheme applicable to the other legal persons under public law of

administrative nature, in particular to the framework law of public institutes, which

is worth as a subsidiary right in what is not incompatible with the provisions

of this Law.

3-The institutions instituting private higher education institutions are

legal persons in private law, not having the establishments personality

legal self.

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4-Private higher education institutions are governed by private law in everything

that is not contradicted by this Act or by other applicable legislation without

prejudice to its subjection to the principles of impartiality and fairness in relations

of the institutions with the teachers and students, especially with regard to the

progression procedures in the career of the first and access, ingress and

evaluation of the seconds.

5-Are the subject of generic regulation by special law the following subjects, observed

the provisions of this Law and in applicable general laws:

a) Access to higher education;

b) The system of academic degrees;

c) The equivalence and recognition regime of academic and other degrees

habilitations;

d) The creation, modification, suspension and extinction of cycles of study;

e) The accreditation and evaluation of institutions and cycles of study;

f) The funding of public higher education institutions by the Budget

of the State, as well as the mode of setting of the frequency tuition fees of the

same institutions;

g) The regime and careers of teaching and research staff;

h) The school social action;

i) The official bodies of representation of higher education institutions

public.

6-As special legislation, the present law and the laws referred to in the preceding paragraph shall not

are affected by laws of general nature, unless expressly provided otherwise.

7-In addition to the statutory and statutory standards and too much regulations to which they are

subject, higher education institutions may define codes of good practice

in pedagogical matter and good governance and management.

Article 10.

Denomination

1-Higher education institutions must have own and characteristic denomination,

in Portuguese language, which identifies them unambigually, without prejudice to the

joint use of versions of the denomination in foreign languages.

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2-A denomination of an institution cannot confuse itself with that of another institution

of teaching, public or private, or to originate misconceptions about the nature of teaching or the

institution.

3-It is reserved for denominations of the higher education institutions to

use of the terms "university", "faculty", "higher institute", " institute

college "," polytechnic institute "," higher school " and other expressions that

convey the idea of them being imparted higher education.

4-A denomination of each educational institution can only be used after

registered with the tutelage ministry.

5-The disrespect of the provisions of the preceding paragraphs shall constitute grounds for refusal of the

registration of the denomination.

Article 11.

Autonomy of institutions of higher education

1-Public higher education institutions enjoy statutory autonomy,

pedagogical, scientific, cultural, administrative, financial, patrimonial and disciplinary

face to the state, with the differentiation appropriate to its nature.

2-A Statutory, scientific, pedagogical, administrative and financial autonomy of the

universities find themselves recognized by Article 76 (2) of the Constitution.

3-Face to the respective entity instituidora and face to the State, the establishments of

private higher education enjoy pedagogical, scientific and cultural autonomy, well

as of disciplinary autonomy in relation to students.

4-Each institution of higher education has statutes of its own that, in the respect of the law,

enunciate their mission, their pedagogical and scientific objectives, concretize the

its autonomy and define its organic structure.

5-A The autonomy of higher education institutions does not teach tutelage or the

government oversight, as it deals with public or private institutions,

neither accreditation and external evaluation, under the law.

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Article 12.

Diversity of organization

1-Within the scope of higher education, diversity of organisation is ensured

institutional.

2-In the framework of their autonomy, and in the terms of law, higher education institutions

arrange themselves freely and in the manner they consider most appropriate to the realization

of their mission, as well as to the specificity of the context in which they are found to be.

Article 13.

Organic units

1-The universities and polytechnic institutes can understand organic units

autonomous, with own organs and personnel, specifically:

a) Teaching and teaching units and research, hereinafter referred to as schools;

b) Units of research;

c) Libraries, museums and others.

2-Schools and research units can have self-government bodies and

of managerial autonomy, under the terms of this Law and the statutes of the institution.

3-Organic units, either by their initiative or by determination of the governing bodies

of the institution, can share material and human means as well as organize

joint initiatives, including cycles of studies and research projects.

4-Schools of universities are assigned colleges or higher institutes,

may also adopt another appropriate denomination, pursuant to the statute of the

respective institution.

5-The schools of polytechnic institutes designate themselves top schools or institutes

senior, and may adopt another appropriate denomination, pursuant to the statute

of the respective institution.

6-When this is warranted, under condition of approval by the minister of guardian,

preceded by an assent of the Coordinating Council of Higher Education, the

universities can integrate polytechnic education schools, which keep this

nature for all too many effects, including the status of the teaching career.

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7-Universities and polytechnic institutes can create organic units outside the

its registered office, pursuant to the statutes, which shall be subject to the provisions of this law,

owing to, when dealing with schools, fulfilling the respective requirements,

in particular in regard to accreditation and registration of courses, facilities and

equipment and teaching staff.

Article 14.

Organic units and other research institutions

1-Organic research units designate centres, laboratories, institutes,

may adopt another appropriate denomination, pursuant to the statute of the

respective institution.

2-Organic research units may be set up, with or without the status of

organic units, associated with universities, organic units of

universities, university institutes and other institutions of university education,

polytechnic institutes, organic units of polytechnic institutes, and others

institutions of polytechnic education.

3-Joint research institutions can still be established to various institutions

of university higher education or polytechnics or their organic units.

4-The provisions of this Law shall be without prejudice to the application to the research institutions

scientific and technological development created within the framework of institutions of the

higher education of the legislation that regulates the activity of those, specifically in

matter of organization, autonomy and own scientific responsibility.

Article 15.

Private law entities

1-The public higher education institutions, by themselves or through their

organic units, they may, in the terms of their statutes, in particular through

of own revenue, to create freely, by you or in conjunction with other entities,

public or private, be part of, or incorporate into their scope, entities

subsidiaries of private law, such as foundations, associations and societies,

intended to co-adjude them in the strict performance of their ends.

2-Within the scope of the preceding paragraph, they may, in particular, be created:

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a) Higher education development societies that associate resources

own from higher education institutions, or organic units of these, and

private resources;

b) Consortia between institutions of higher education, or organic units of these,

and institutions of research and development.

3-Public higher education institutions, as well as their organic units

autonomous, may delegate to the entities referred to in the preceding paragraphs

implementation of certain tasks, including the realization of non-conferential degree courses

academic, upon protocol that clearly defines the terms of the delegation, without

prejudice to its responsibility and scientific and pedagogical oversight.

Article 16.

Cooperation between institutions

1-Higher education institutions can freely establish between themselves or with

other institutions agreements of association or cooperation for the incentive to

mobility of students and lecturers and for the pursuit of partnerships and projects

common, including degree programmes in the terms of the law or the sharing of

resources or equipment, whether on the basis of criteria for territorial aggregation, be

on the basis of sectoral aggregation criteria.

2-National higher education institutions can freely integrate into networks and

establish partnership and cooperation relations with educational establishments

top foreign nationals, foreign or international scientific organizations, and others

institutions, particularly within the framework of the European Union, of bilateral agreements or

multilateral firings by the Portuguese state, and still in the framework of the countries of language

Portuguese, for the purposes set out in the preceding paragraph.

3-International cooperation actions and programmes shall be compatible with

nature and the purposes of the institutions and take into account the broad lines of politics

national, specifically in relation to education, science, culture and relations

international.

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Article 17.

Consortia of public higher education institutions

1-The Government may, upon resolution of the Council of Ministers, on a proposal from the

educational institutions, or for their initiative, heard these, create

consortia of public higher education institutions aimed, specifically, at the

coordination of formative supply and human and material resources.

2-Public higher education institutions may also agree among themselves forms

of articulation of their activities at the regional level, which they can also be

determined by the minister of guardian, heard those.

3-The consortia and agreements referred to in paragraphs 1 and 2 do not undermine the identity of their own

and the autonomy of each institution covered.

Article 18.

Associations and representative bodies

1-Higher education institutions can associate with or cooperate with each other for

effects of institutional representation or for joint coordination and regulation

of activities and initiatives.

2-A The law creates and regulates the bodies of official representation and coordination of the

institutions of public university higher education and educational institutions

public polytechnic superior.

3-The bodies of official representation of public higher education institutions

they ensure the overall representation as well as, through the appropriate mechanisms of

representation of schools, representation by areas of training.

4-Under the terms set out in the bylaws of the respective institution of higher education, the

organic units of a higher education institution may equally

associate with organic units from other higher education institutions to

effects of joint coordination in the pursuit of their activities.

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Article 19.

Participation in the politics of teaching and research

1-Higher education institutions have the right and the duty to participate,

in isolation or through its representative organizations, in the formulation of the

national policies pronouncing themselves on the legislative projects that tell them

directly respect.

2-Representative organizations of higher education institutions are heard

about:

a) Legislative initiatives on higher education and scientific research;

b) The territorial planning of higher education.

3-Public higher education institutions still have the right to be heard in the

definition of the criteria for fixing the financial allocations to be granted by the State,

as well as on the criteria for fixing the tuition fees of the study cycles which

ascribe academic degrees.

Article 20.

School social action

1-In its relationship with students, the State is predominantly in the sense

to ensure the existence of a school social action system that favours access

to higher education and the practice of a successful frequency, with discrimination

positive from the economically deprived students with appropriate use

school.

2-A school social action ensures that no student is excluded from the system of the

higher education by financial disability.

3-Within the framework of the school social action system, the State grants direct supports and

indirect managed in a flexible and decentralized manner.

4-Are modalities of direct social support:

a) Scholarships;

b) Emergency aid.

5-Are modalities of indirect social support:

a) Access to food and accommodation;

b) Access to health services;

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c) Support for cultural and sports activities;

d) Access to other educational supports.

6-They are still awarded scholarships of merit to students with a harnessing

exceptional school.

7-The State promotes the granting of supports to students with special needs,

specifically to those with disabilities.

8-The State promotes the realization of a loan system for

autonomization of students.

Article 21.

Student associativism

1-Higher education institutions support student associativism, owing

provide the conditions for the affirmation of autonomous associations, under the

special legislation in force.

2-It Is also incumbent on higher education institutions to stimulate activities

artistic, cultural and scientific and promoting spaces of experimentation and support of the

development of extracurricular competences, particularly of participation

collective and social.

Article 22.

Workers-students

Higher education institutions create the necessary conditions to support the

labour-students, specifically, through forms of organisation and

frequency of teaching appropriate to their condition, and they value the skills acquired

in the world of work.

Article 23.

Former students

Higher education institutions establish and support a connecting framework to their

former students and their respective associations, facilitating and promoting their

contribution to the strategic development of the institutions.

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Article 24.

Support for insertion in working life

1-Incumbent on the institutions of higher education, within the scope of their social responsibility:

a) Support the participation of students in working life under appropriate conditions

the simultaneous development of the academic activity;

b) Support the insertion of its graduates into the world of work.

2-Constitute obligation of each institution to proceed to the collection and dissemination of

information on the employment of your graduates, as well as about your

professional pathways, based on common methodologies on a national scale.

3-Compete to the State to ensure the public accessibility of that information, as well as the

its quality and comparability.

Article 25.

Provider of the student

In each institution of higher education there is, in the terms set by its statutes,

a provider of the student, whose action develops in articulation with the organs and

services of the institution, specifically with the pedagogical advice as well as with

its organic units.

Article 26.

Attributions of the State

1-It Is Incumbent on the State, in the field of higher education, to perform the tasks

provided for in the Constitution and in law, specifically:

a) To create and maintain the network of public higher education institutions and to guarantee the

your autonomy;

b) To ensure the freedom of creation and operation of establishments of

private higher education;

c) To stimulate openness to the modernization and internationalization of institutions of

higher education;

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d) Ensure the high pedagogical, scientific, technological and cultural level of the

higher education institutions;

e) Encouraging scientific research and technological innovation;

f) To ensure the participation of teachers and researchers and students in the

management of higher education institutions;

g) Ensuring the public dissemination of information on projects

educational, the institutions of higher education and their cycles of study;

h) Assessing the scientific, pedagogical and cultural quality of teaching;

i) To finance, under the law, public higher education institutions and

support, in the terms of the law, private higher education institutions;

j) Supporting investments and initiatives that promote the improvement of quality

of teaching.

2-The State encourages lifelong education, so as to allow the

permanent learning, the access of all properly-enabled citizens

to the highest degrees of teaching, scientific research and artistic creation,

and the academic and professional achievement of the students.

Article 27.

Competences of the Government

1-For the pursuit of the tasks set out in the preceding article, and without prejudice to

other legally foreseen competencies, compete with the Government:

a) Create, modify, merge, fissile and extinguish higher education institutions

public;

b) Ascribe and withdraw recognition of public interest to establishments

of private higher education.

2-Compete in particular to the minister of tutelage:

a) Check the satisfaction of the requirements required for the creation and operation

of the higher education institutions;

b) Registering the denomination of higher education institutions;

c) Homologation of the statutes of higher education institutions and their amendments

on the terms set out by Article 69;

d) Homologation of the designation of the dean or president;

22

e) Intervene in the process of fixing the maximum number of new admissions and of

inscriptions pursuant to Rule 64;

f) Promoting the dissemination of information about the educational establishments and

their cycles of studies;

g) Scrutinise compliance with the law and apply the penalties provided for it in the event of

infringement.

Article 28.

Funding and support from the state

1-The funding of public higher education institutions and support for

private higher education institutions are carried out in the terms of special law.

2-A grant of public supports to private higher education institutions

obeys the principles of advertising, objectivity and non-discrimination.

Article 29.

Records and advertising

The ministry of tutelage organises and maintains an updated official record of access

public, containing the following data about the higher education institutions and their

activity:

a) Institutions of higher education and their relevant characteristics;

b) Consortia of institutions of higher education;

c) Cycles of studies in operation leading to the allocation of grade

academic and, where appropriate, regulated professions for which

qualify;

d) Lecturers and researchers;

e) Results of the accreditation and evaluation of higher education institutions and the

their cycles of studies;

f) Statistical information, specifically about vacancies, candidates, students

enrolled, degrees and diplomas conferred, lecturers, researchers, other staff,

school social action and public funding;

g) Employability of holders of academic degrees;

h) General basis of graduates in higher education;

23

i) Other relevant data, defined by the porterie of the minister of guardianship.

Article 30.

Obligations of the institutions of institutions of higher education

private

1-Compete to the instituting entities of higher education institutions

private:

a) Create and ensure the conditions for the normal functioning of the

establishment of teaching, ensuring its administrative, economic management

and financial;

b) Submit the statutes of the educational establishment and its changes to

homologation by the minister of guardian;

c) Affect to the establishment of teaching the facilities and equipment

appropriate, as well as the necessary human and financial resources;

d) Maintain valid insurance contract or provide yourself with equity substrate for

adequate coverage of the maintenance of material and financial resources

indispensable to the operation of the establishment of higher education;

e) Designate and remove, pursuant to the bylaws, the holders of the governing body

of the educational establishment;

f) Approve the activity plans and budgets drawn up by the organs of the

establishment of teaching;

g) Certify your accounts through an official reviewer of accounts;

h) Set the amount of tuition fees and too much burden due by the students by the

frequency of the cycles of study taught in the educational establishment,

heard the steering body of this;

i) Hiring the lecturers and researchers, on a proposal from the rector, president or

director of the educational establishment, listened to the respective scientific council

or technical-scientific;

j) Hiring non-docent staff;

l) Apply for accreditation and registration of study cycles, after appearing from the

scientific or technical-scientific advice of the educational establishment and the

rector, president or director;

24

m) Maintain, in conditions of authenticity and security, academic records of

which construct, in particular, the students candidates for enrolment in the

establishment of teaching, the students in it admitted, the inscriptions

carried out, the final result obtained in each curricular unit, the

equivalence and recognition of assigned qualifications and the degrees and

diplomas awarded and the respective classification or final qualification.

2-The own competences of the instituting entities shall be exercised without

prejudice to the pedagogical, scientific and cultural autonomy of the establishment of

teaching, in accordance with the provisions of the constitutive act of the instituidora entity and in the

statutes of the establishment.

Title II

Institutions, organic units and cycles of study

CHAPTER I

Form and procedure of creating institutions

Article 31.

Public higher education institutions

1-Public higher education institutions are set up by decree-law.

2-A creation of public higher education institutions obeys planning

national of the public higher education network and takes into consideration its

need and sustainability.

Article 32.

Private higher education institutions

1-Private higher education institutions can be set up by entities

that revisits the legal form of foundation, association or co-operative constituted

specifically for this purpose, as well as by entities of a cultural nature and

not-for-profit social media that include higher education among its ends.

25

2-Private higher education institutions can also be set up by

entities that review the legal form of society by quotas or society

anonymism constituted specifically for this purpose, provided that:

a) In the act of institution shall be made, respectively, relationship of all the partners,

with specification of the respective shareholdings, as well as of the members of the

administrative and supervisory bodies, or relationship of all shareholders

with significant, direct or indirect shareholdings;

b) They are communicated to the relevant department in the ministry of guardian the changes

to the information referred to in the preceding paragraph.

3-The recognition of the foundations whose scope understands the creation of

higher education institutions compete with the minister of guardian, in the terms of the

article 188 of the Civil Code.

4-The institutions instituting private higher education institutions must

fulfill appropriate requirements of institutional and sustainability idoneity

financial, offering, obligatorily, guarantees patrimonial or insurance judged

enough.

Article 33.

Recognition of public interest

1-The instituting entities of private higher education institutions require

to the minister of the tutelage the recognition of public interest of the respective

establishments, checked the requirements set out in the law.

2-The recognition of public interest of a higher education establishment

private determines their integration into the system of higher education, including power

of allotment of academic degrees endowed with official value.

3-Saved when they are for profit, the institutions instituting establishments

of private higher education, enjoy the rights and perks of legal persons of

public utility with respect to the related activities with the creation and the

operation of that establishment.

4-The operation of a private higher education establishment can only take place

after the recognition of public interest and the approval of the respective

statutes.

26

5-A The maintenance of the assumptions of public interest recognition should be

verified at least once in every 10 years, as well as whenever there are

hints of non-verification of any of them.

6-A non-verification of any of the assumptions of public interest recognition

of a private higher education establishment determines the revocation of that,

under the terms of this law.

Article 34.

Decision on applications for recognition of public interest

The decision on applications for recognition of public interest of a

establishment of private higher education is delivered within the maximum of six months

after the complete instruction of the respective process by the instituidora entity, to which

includes the accreditation of the study cycles to be delivered initially, in number not

lower than those provided for in Articles 42 and 45.

Article 35.

Form of the recognition of public interest

1-The recognition of public interest of a teaching establishment is made by

Decree-law.

2-From the degree of recognition must appear, specifically:

a) The denomination, nature and head office of the instituidora entity;

b) The denomination and location of the educational establishment;

c) The nature and objectives of the educational establishment;

d) The cycles of studies whose initial functioning has been authorized.

3-Together with the recognition of public interest, they are homologated the

statutes of the establishment of education, through the porterie of the minister of guardianship.

27

Article 36.

Operation of unrecognized establishment

1-The operation of a private higher education establishment without the prior

recognition of public interest in the terms of this law mandates:

a) The immediate closure of the establishment;

b) The irrelevance, for all purposes, of the teaching imparted in the establishment;

c) The automatic improper of the application for recognition of interest

public that has been or comes to be presented in the following three years by the

same instituidora entity for the same or other educational establishment.

2-The measures referred to in the preceding paragraph shall be determined by dispatching the

tutelage minister.

3-The closure is requested of the administrative and police authorities with

communication of the corresponding dispatch.

Article 37.

Transmission, integration or merger of establishment

The transmission, integration and merger of private higher education institutions

they must be communicated in advance to the minister of guardian, and the respective

recognition to be revoked on grounds of the amendment of the assumptions and

circumstances underlying the attribution of the recognition of public interest.

Article 38.

Period of installation

1-A entry into operation of a university or polytechnic institute

is carried out, as a rule, in an installation regime.

2-In the public higher education institutions the installation regime is characterised,

especially, by:

a) If they are governed by provisional bylaws, approved by the minister of guardian;

b) Its governing and management bodies are freely appointed and

exonerated by the minister of tutelage.

28

3-In the organic units of public higher education institutions, the scheme of

installation is characterized, especially, by:

a) If they are governed by a provisional by-laws, approved by the general council of the

institution;

b) Its governing and management bodies are freely appointed and

exonerated by the rector or president of the institution.

4-The services of the tutelage ministry ensure a special monitoring of the

institutions in installation regime, and draw up and submit to the minister of guardian

an annual report on them.

5-During the period of installation, higher education institutions benefit from the

provisions of Article 46 para.

6-The installation regime has the maximum duration of five lective years from the beginning

of the teaching offer.

7-Up to six months before the end of the installation period the institutions must

trigger the process leading to the exit of the installation regime.

8-The installation regime may cease at any time:

a) In public higher education institutions following the type-approval of the

respective statutes drawn up pursuant to this Law, and of the entry into

functioning of the organs constituted on their terms;

b) In private higher education institutions, by dispatch of the Minister of

tutela, delivered in the reasoned request sequence of the respective entity

instituidora.

CHAPTER II

Requirements of establishments

Article 39.

Equal requirements

1-A The creation and the activity of higher education institutions are subject to the

same set of essential requirements, both general and specific, in function

of the university or polytechnic nature of the institutions, regardless of whether

deal with public or private educational establishments.

29

2-Within teaching establishments of the same nature, the requirements may be

different, according to the degrees that the establishments are enabled to

confer.

Article 40.

General requirements of higher education institutions

They are general requirements for the creation and operation of a teaching establishment

top of the following:

a) Have an educational, scientific and cultural project;

b) Have appropriate material facilities and resources to the nature of the

establishment in question, specifically lective spaces, equipment,

libraries and laboratories appropriate to the cycles of studies that aim at

provide;

c) Have a training offer compatible with nature, university

or polytechnic, of the establishment concerned;

d) Have a faculty of its own, suitable in number and in qualification

to the nature of the establishment and the degrees that it is entitled to confer;

e) To ensure the scientific and pedagogical autonomy of the establishment, including

the existence of scientific and pedagogical direction of the establishment, of the

organic units, when existing, and the cycles of studies;

f) Ensuring the participation of lecturers, researchers and students in government

of the establishment;

g) Be guaranteed the high pedagogical, scientific and cultural level of the

establishment;

h) Ensuring services of social action;

i) To ensure the provision of services to the community.

Article 41.

Facilities

1-The teaching of cycles of study leading to the allocation of academic degrees alone

may perform at facilities authorized by the ministry of guardian.

2-The requirements of the facilities are defined by the minister's porterie of the guardianship.

30

Article 42.

Requirements of universities

In addition to the remaining conditions set by the law, they are minimum requirements for creation and

operation of a teaching establishment as a university, have the purposes and

nature set out in Article 6 and fulfill the following requirements:

a) Be authorised to provide at least:

i) Six cycles of graduation studies, two of which

technical-laboratorial;

ii) Six cycles of master's studies;

iii) A cycle of doctoral studies,

in at least three different areas compatible with the own mission of the

university education;

b) Have a faculty meeting that satisfies the provisions of Chapter III of the present

title;

c) Have facilities with the characteristics required of teaching imparting

university and of libraries and laboratories suitable to the nature of the cycles of

studies;

d) To develop activities in the field of teaching and research, as well as in

creation, dissemination and transmission of culture;

e) Have assessed and recognized research and development centres,

or in them participate.

Article 43.

Requirements of university institutes

In addition to the remaining conditions set by the law, they are minimum requirements for creation and

operation of a teaching establishment as a university institute, have the

purposes and nature set out in Article 6 and fulfill the following requirements:

a) Be authorised to provide at least:

i) Six cycles of graduate studies;

ii) Six cycles of master's studies;

iii) A cycle of doctoral studies,

31

in area or areas compatible with the own mission of university education;

b) Fulfil the requirements to which the points are referred b) a e) of the previous article.

Article 44.

Requirements of polytechnic institutes

In addition to the remaining conditions set by the law, they are minimum requirements for creation and

operation of a teaching establishment as a polytechnic institute, have the

purposes and nature set out in Article 7 and fulfill the following requirements:

a) Integrate at least two schools from different areas;

b) Be allowed to deliver at least four cycles of study of

licentiate, one of which is technical-laboratory, in at least two areas

different compatible with the own mission of polytechnic education;

c) Have a faculty meeting that satisfies the provisions of Chapter III of the

present title;

d) Have facilities with the characteristics required of teaching imparting

polytechnic and of libraries and laboratories suitable to the nature of the cycles of

studies;

e) Develop targeted research activities.

Article 45.

Requirements of other higher education institutions

1-Can be created as other university higher education institutions the

educational establishments that are authorized to provide at least one cycle

of undergraduate studies and a cycle of master's studies.

2-Can be created as other polytechnic higher education institutions

educational establishments that are authorized to provide at least one cycle

of graduate studies.

3-The higher education institutions referred to in the preceding paragraphs shall

observe the remaining requirements applicable to universities or institutes

polytechnics, depending on their nature.

32

Article 46.

Institutions in installation regime

1-During the period of installation, the universities and university institutes;

a) They can provide only half of the set of the study cycles to which if

refer to, respectively, the point a) of Article 42 and ( a) of Article 43;

b) With regard to the constant requirement of the point and ) from article 42, lack

only from participating in research and development centres assessed and

recognized.

2-During the period of installation, polytechnic institutes can provide only

half of the cycles of study referred to in point b) of Article 44 para.

CHAPTER III

Faculty

Article 47.

Faculty of the institutions of university education

1-The faculty of the university educational institutions must meet the following

requirements:

a) Fill in, for each cycle of studies, the requirements set for your

accreditation in special law;

b) Have, in the pool of lecturers and researchers who develop activity

lecturer or research, to any title, at the institution, at a minimum, a

doctor for every 30 students;

c) At least half of the Doctors referred to in the previous paragraph are in

full time regime.

2-The lecturers and researchers referred to in points b) and c) of the previous number:

a) If on a full-time scheme, they can only be considered for that purpose

in that institution;

b) If in part time regimen, they cannot be considered for that purpose

at more than two institutions.

33

Article 48.

Title of expert

1-Within the scope of polytechnic education is granted the title of specialist.

2-The title of expert proves the quality and special relevance of the curriculum

professional in a particular area.

3-The conditions for assigning the title of expert are fixed by decree-law.

Article 49.

Faculty member of the polytechnic educational institutions

1-The faculty of polytechnic educational institutions must meet the following

requirements:

a) Fill in, for each cycle of studies, the requirements set for your

accreditation in special law;

b) Have, in the pool of lecturers and researchers who develop activity

lecturer or research, to any title, at the institution, at the minimum of a

holder of the title of specialist or doctor's degree for every 30 students;

c) In the pool of lecturers and researchers who develop activity

lecturer or research, to any title, at the institution, at least 15%

must be full time docs and, in addition to these, by the

less 35% must be holders of the expert title, which they will be able to

also be holders of the doctor's degree.

2-A majority of the faculty holders of the specialist title should develop a

professional activity in the area in which the title was assigned.

3-The lecturers and researchers referred to in points (b) and (c) of paragraph 1:

a) If on a full-time scheme, they can only be considered for that purpose

in that institution;

b) If in part time regimen, they cannot be considered for that purpose

at more than two institutions.

34

Article 50.

Stability of the faculty and research faculty of universities and institutes

polytechnics

In order to guarantee their scientific and pedagogical autonomy, educational institutions

higher must have a permanent framework of teachers and researchers

beneficiaries of a strengthened status of stability in employment ( tenure ), with the

dimension and in the terms set out in the statutes of the faculty and the

scientific research.

Article 51.

Accumulations and incompatibilities of lecturers

1-The lecturers of public higher education institutions on a full-time scheme

may, when authorized by the respective institution, accumulate faculty functions

in another higher education establishment, up to the maximum limit set by the

their respective career status.

2-The lecturers of private higher education institutions can, on the terms

set in their respective career status, accumulate faculty functions in another

establishment of higher education.

3-A accumulation of faculty functions in private higher education institutions by

lecturers from other higher education institutions, public or private, lacks, for

in addition to the remaining legally foreseen constraints, of communication:

a) To the competent bodies of the respective higher education institutions, by

part of the lecturer;

b) To the Directorate General of Higher Education, by the higher education institutions.

4-Public and private higher education institutions can celebrate protocols of

cooperation aiming at the accumulation of faculty functions in the terms and with the limits

of the previous numbers.

5-Full time lecturers at a public higher education institution:

a) They may not perform functions in the governing bodies of another institution of

higher education;

b) They can be vowels of scientific, technical-scientific or pedagogical advice

from another institution of higher education.

35

Article 52.

Faculty of private higher education institutions

1-The lecturers of private higher education must be assured, within the framework of

educational establishments in which they provide service, a career parallel to that of the

lecturers in public higher education.

2-The teaching staff of private higher education institutions must possess the

qualifications and the degrees legally required for the exercise of category functions

respective in public higher education.

Article 53.

Arrangements for the hiring of the teaching staff of higher education institutions

private

The hiring of the teaching staff to provide teaching at the educational institutions

private higher is governed by the Labour Code, with the specificities that are

fixed by special law, and shall be the subject of a collective bargaining tool

of work.

CHAPTER IV

Extinction, merger, incorporation and transfer of higher education institutions

Section I

Public higher education

Article 54.

Measures for rationalization of public higher education

1-The State should promote the rationalization of the network of higher education institutions

public and its formative offer.

36

2-The rationalization measures of the network may include, inter alia, the creation of

higher education institutions, their integration, merger or closure, the

change in the number of new admissions or the maximum number of students and the

creation, suspension or cessation of the ministration of cycles of study.

Article 55.

Extinction, merger and integration of public higher education institutions

1-Public higher education institutions are extinguished by decree-law,

considered the results of the evaluation and heard the organs of the institution at

cause, as well as the representative bodies of higher education institutions

public.

2-On the same terms can be merged or integrated educational institutions

public top.

3-The decree-law of extinction, merger or integration takes into consideration, with the

due adaptations, the principles set by the general standards applicable in this

matter and determines the measures to safeguard:

a) The rights of students;

b) The rights of the staff, under the law;

c) The documentary archives of the institution.

Section II

Private higher education

Article 56.

Voluntary closure

1-The instituting entities of private higher education institutions may

proceed to the closure of the educational establishments or the cessation of the

providing the cycles of study.

2-The decisions referred to in the preceding paragraph shall include appropriate measures to be

protect the interests of the students, which are of the entire responsibility of the

institutional entities, and are subject to approval by the minister of guardian.

37

Article 57.

Merger, integration or transfer

1-Private higher education institutions can be merged, integrated or

transferred by decision of the respective instituting entities.

2-A The extinction or dissolution of the instituidora entity implies the closure of the

respective educational establishments and the closure of the cycles of study,

save if the establishments are transferred to another instituidora entity.

3-The closure of a teaching establishment, in the situation referred to in the number

previous, it is declared by reasoned order of the minister of guardian.

4-A transfer entails checking the fulfillment of the necessary requirements

on the part of the new instituidora entity.

Article 58.

Guard of documentation

1-A The fundamental documentation of a closed private education establishment

stands at the guard of the respective instituidora entity, save if:

a) The ongoing closure of the extinction or dissolution of the instituidora entity;

b) Circumstances related to the functioning of the entity instituting the

recommend.

2-In cases provided for in points a) and b) of the previous number, the minister of guardia

determines which entity to whose guard is delivered the fundamental documentation

respective.

3-To the entity to whose custody the fundamental documentation is to be delivered, it is incumbent on

issuance of any documents from the closed education establishment that

come to be required in respect of the period of operation.

4-For the purposes of this article, it is understood by fundamental documentation to which

corresponds to the certification of lecturer and administrative activities

developed, particularly books of minutes of the steering bodies, deed,

lecturers ' contracts, teaching service records, textbooks and processes of the

students.

38

5-When these documents are necessary for other purposes,

particularly of a judicial nature, of them fideworthy copies will be extracted,

carried out under the responsibility of the entity referred to in paragraphs 1 and 2.

CHAPTER V

Creation, transformation, fission, merger and extinction of organic units

Article 59.

Creation, transformation, fission, merger and extinction

1-A creation, transformation, spinoff, merger and extinction of organic units of a

institution of higher education is in the competence:

a) From the rector or president of the institution, in the case of educational institutions

public, within the framework of the development plan approved by the council

general;

b) From the instituidora entity, in the case of private educational establishments,

ears the organs of the establishment.

2-A creation, transformation, fission, merger and extinction of schools of institutions of

public higher education lacks the approval of the minister of guardian and has in

consideration, with due adaptations, the principles set by the general standards

applicable in this matter.

Article 60.

Organic subunits

On the creation, transformation, spinoff, merger and extinction of subunits of organic units

of an institution of higher education applies the provisions of paragraph 1 of the preceding Article.

CHAPTER VI

Cycles of studies

39

Article 61.

Creation, accreditation and registration of study cycles

1-Higher education institutions enjoy the right to create cycles of study that

aim to confer academic degrees.

2-A competence for the creation of cycles of study that aim to confer degrees

academics fits:

a) In public higher education institutions, to the dean or president, listened to the

scientific or technical-scientific advice and the pedagogical council;

b) In the private higher education institutions, the instituidora entity, heard the

rector, president or director, the scientific or technical-scientific council and the

pedagogical council.

3-A entry into operation of cycles of studies aiming to confer degrees

academics lacks accreditation by the Agency for Evaluation and Accreditation for the

Guarantee of the Quality of Higher Education and subsequent registration with the

ministry of tutelage.

4-The accreditation and registration scheme for study cycles is of common application to

all higher education institutions, distinguishing the cycles of studies from

degree, master's degree and doctorate and the university or polytechnic nature of the

same.

5-The application for registration of the cycles of study shall comply with the submission of a

application properly instructed in the terms set by the law.

6-The registration of a cycle of studies implies the recognition, with general validity, of the

degree or degrees conferred.

Article 62.

Operation of cycles of unregistered studies

1-The operation of a cycle of studies aiming at the allocation of an academic degree

without your prior registration determines:

a) the preliminary injunction of the application;

b) The closure of the study cycle;

c) The impossibility of proceeding to its registration, or to the cycle record of

congenere studies, in the following two years.

40

2-The teaching imparted in the cycles of unregistered studies is not liable to

recognition or equivalence for the purpose of conferment of degrees of education

top.

3-Higher education institutions have an obligation to inform clearly if the

cycles of studies they provide confers or non-academic degree, indicating, in the

affirmative case, the data of the respective record.

Article 63.

Revocation of accreditation and registration

1-Failure to comply with statutory requirements or statutory provisions or not

observance of the criteria justifying the accreditation and registration of the cycles of

studies determine your revocation.

2-A The revocation of accreditation is carried out by decision of the Evaluation Agency and

Accreditation for the Warranty of the Quality of Higher Education.

Article 64.

Quantitative limitations

1-The maximum annual number of new admissions, as well as the maximum number of

students who may be enrolled in each cycle of studies in each academic year, is

fixed annually by the higher education institutions, with due advance,

taking into consideration the resources of each, in particular as the staff

lecturer, facilities, equipment and financial means.

2-A the fixation referred to in the preceding paragraph shall be subject to the limits arising from the

legal criteria set for the operation of educational establishments and for

the accreditation of the cycles of study, including the possible limits that have been

fixed in the act of accreditation.

3-As far as the public higher education institutions are concerned, the fixation to which it relates

paragraph 1 is still contingent on the general guidelines established by the Minister of

tutelage, ears the representative bodies of the institutions, having in

consideration in particular the rationalization of formative supply, the policy

national human resource training and the available resources.

41

4-Higher education institutions communicate annually to the minister of guardian the

values that set out for the cycles of graduate and integrated studies of

master's degree in the terms of the previous numbers, accompanied by the respective

reasons.

5-In the event of an absence of express and sufficient grounds of the values laid down,

of infringement of the applicable legal standards, or of non-compliance with the guidelines

general set out in accordance with paragraph 3, the values to which the figures relate

previous may be changed by reasoned dispatch from the minister of guardian

published in the Journal of the Republic .

6-The ministry of tutelage proceeds to the disclosure of the values set for the cycles of

licentiate and integrated master's studies.

7-The transfer of the values set in the terms of the numbers is not permitted

previous among institutions of higher education.

Title III

Organisation and management of public higher education institutions

CHAPTER I

General principles

Article 65.

Organisation and management

Public higher education institutions adopt, under the law, the model of

institutional and management organization that they consider most appropriate for the realization of the

its mission, as well as to the specificity of the context in which they are found to be.

CHAPTER II

Statutes

42

Article 66.

Statutory autonomy

Public higher education institutions enjoy statutory autonomy, with

compliance with the provisions of this Law.

Article 67.

Subject of the Statutes

1-Statutes must define the mission of the institution, respecting its nature and the

provisions of the constitutive act, when it exists, and contain the fundamental norms of the

its internal organisation and its functioning, in the scientific, pedagogical plans,

disciplinary, financial and administrative, respected the provisions of this Law and

other applicable standards.

2-The statutes shall regulate, in particular:

a) The tasks of the institution;

b) The structure of the governing and management bodies, the composition and modes of

designation of its members, the length of the mandates and the modes of their

cessation;

c) The competence of the various organs;

d) The regime of autonomy of the organic units and the respective bodies.

Article 68.

Approval and revision of the statutes

1-In the act of its creation, public higher education institutions are

endowed with provisional statutes, approved by portionery of the minister of guardianship, to

vigorate during the installation period.

2-Statutes of public higher education institutions may be reviewed:

a) Four years after the date of publication of the last review;

b) At any time, by decision of two thirds of the board members

general in effective exercise of functions.

3-A amendment of the by-laws lacks approval by a two-thirds majority of the

members of the general council.

43

4-Can propose amendments to the statutes:

a) The rector or the president, as per the cases;

b) Any member of the general council.

Article 69.

Approval and publication of the Statutes

1-The statutes and their amendments lack governmental approval, which is

given or refused within 60 days, by normative dispatch of the Minister of the

tutelage.

2-A homologation focuses on the legality of the statutes or their amendments, and their

refusal can only land itself in the inobservance of the Constitution or the law or in the

disconformity of the process of its drafting with the provisions of this Law or

in the statutes themselves.

3-In the event that the revision of the bylaws includes measures that, under the law, are lacking

tutelar approval, refusal of approval may be based on the rejection of the said

approval.

CHAPTER III

Academic autonomy

Article 70.

Autonomy in the definition of the mission

1-In the framework of the Educational System Bases Act and too much legislation, it is up to each

public higher education institution set out its objectives and its programme of

teaching and research, in accordance with its vocation and available resources,

without prejudice to the provisions of your diploma of creation and fulfilment of the objectives

contrupdated with the state.

2-Compete with each institution deliberating the creation, transformation or extinction of

organic units and cycles of study, under the law, without prejudice to the

need for type-approval or tutelar approval, pursuant to this Law and

supplementary legislation.

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Article 71.

Academic autonomy

1-Public higher education institutions enjoy cultural, scientific autonomy,

pedagogical and disciplinary, in the terms of the law.

2-Schools and research units also enjoy academic autonomy,

in particular of scientific and pedagogical autonomy, under the statutes of the

institution to which they belong and of their own statutes.

Article 72.

Cultural autonomy

Cultural autonomy confers on institutions the ability to define their

training programme and cultural initiatives.

Article 73.

Scientific autonomy

Scientific autonomy confers on public higher education institutions the capacity

to define, program and carry out research and too much scientific activities, without

injury to the criteria and procedures for public funding of the research.

Article 74.

Pedagogical autonomy

Pedagogical autonomy confers on public higher education institutions to

ability to draw up the plans for studies, define the object of the units

curriculars, define teaching methods, affect resources, and choose processes

of assessment of knowledge, enjoying teachers and students of freedom

intellectual in the processes of teaching and learning.

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Article 75.

Disciplinary autonomy

1-A disciplinary autonomy confers on public higher education institutions power

of punishing, under the law and bylaws, the disciplinary offences practiced by

lecturers, researchers and too many staff and agents, as well as by the

students.

2-The exercise of disciplinary power shall be governed by the following standards:

a) By The Disciplinary Status of Employees and Agents of the Administration

Central, Regional and Local, in the case of officials and public servants;

b) By the Labour Code and the law of the legal regime of the contract of employment

of the Public Administration, in the case of staff subject to individual contract of

work;

c) By the provisions of the n. the

4, 5 and 6, as well as in the statutes and in regulation

own, in the case of students, with subsidiary application of the envisaged scheme

in the paragraph a) .

3-In the case of staff with a public servant status, the sanctions have the effects

provided for in the Disciplinary Staff Regulations of Officials and Agents of the Administration

Central, Regional and Local.

4-Constitutions disciplinary offence of students:

a) The culpable violation of any of the duties provided for in the law, the statutes and the

regulations;

b) The practice of acts of violence or physical or psychological coaction over others

students, specifically in the framework of the "academic praxes".

5-Are sanctions applicable to the disciplinary offences of the students, according to the

its gravity:

a) The warning;

b) The fine;

c) The temporary suspension of school activities;

d) The suspension of the school evaluation for one year;

e) The interdiction of the frequency of the institution up to five years.

6-The disciplinary power belongs to the Dean or to the President, as the cases may be,

be delegated to the Directors or Presidents of the organic units, without prejudice to the

right of appeal to the rector or president.

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CHAPTER IV

Own government and management autonomy

Section I

Bodies of government

Article 76.

Self-government

Public higher education institutions have their own governing bodies, in the

terms of the law and the statutes.

Article 77.

Governing bodies of universities and university institutes

1-The government of universities and university institutes is exercised by the following

organs:

a) General Council;

b) Rector;

c) Board of management.

2-With a view to ensuring the cohesion of the university and the participation of all the units

organic in its management, may the statutes provide for the creation of a Senate

Academic as a compulsory consultation body of the rector in the subjects defined in the

own statutes.

3-In addition to the bodies provided for in the preceding paragraphs, the bylaws may provide for the

existence of other organs, of a consultative nature.

Article 78.

Governing bodies of polytechnic institutes

1-The government of polytechnic institutes is exercised by the following bodies:

a) General Council;

b) President;

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c) Board of management.

2-In addition to the bodies provided for in the preceding paragraphs, the bylaws may provide for the

existence of other organs, of a consultative nature.

Article 79.

Other institutions

1-The government of the remaining institutions is exercised by the following bodies:

a) General Council;

b) Director or President;

c) Board of management.

2-In addition to the bodies provided for in the preceding paragraphs, the bylaws may provide for the

existence of other organs, of a consultative nature.

Article 80.

Scientific or technical-scientific advice and pedagogical council

1-Higher education institutions must have the following bodies:

a) At the level of schools:

i) In university education, a scientific council and a council

pedagogical;

ii) In polytechnic education, a technical-scientific council and a council

pedagogical;

b) At the level of the organic research units, a scientific council.

2-The statutes of each institution can establish forms of cooperation and

articulation between scientific or technical-scientific advice and between councils

pedagogical in each institution, or to create organs with own competences in the

scientific or technical-scientific scope and in the pedagogical scope.

3-University higher education institutions that, because they are not organized in

colleges, institutes or schools, do not have a scientific council and board

pedagogical in each of these, they must have a scientific advice and a

pedagogical council of the institution itself.

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Section II

General advice

Article 81.

Composition of the general council

1-The general council is composed of 10 a to 25 members, as per the dimension of each

institution and the number of its schools and organic research units.

2-Are members of the general council:

a) Representatives of teachers and researchers;

b) Representatives of the students;

c) Personalities of recognized merit not belonging to or who do not

find in the service of the institution with relevant knowledge and experience

for the institution.

3-The members referred to in point (s) a) of the previous number:

a) They are elected by the pool of teachers and researchers from the institution of

higher education, by the proportional representation system, in the terms of the

statutes and the competent electoral regulation, approved by the rector or

president;

b) They shall constitute more than half of the entirety of the members of the council

general.

4-The members referred to in point (s) b) of paragraph 2 are elected by the ensemble of the

students of the institution of higher education, by the system of representation

proportional, in the terms of the statutes and the electoral regulation, approved by the

general advice.

5-The members referred to in point (s) c) of paragraph 2:

a) They are co-opted by the ensemble of the members referred to in the ( a) and b) of the n.

2, by an absolute majority, pursuant to the statutes, on the basis of proposals

substantiated subscriptions by at least one third of those members;

b) They shall constitute at least 30% of the entirety of the members of the council

general.

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6-In the choice of the members referred to in point (c) of paragraph 2 in educational institutions

top polytechnic, should be taken into particular consideration that these are

specially characterized in their institutional organisation by the following

principles:

a) Insertion into the respective territorial community;

b) Link to the professional and business activities corresponding to your

specific vocation or certain areas of expertise, with the aim

of providing a solid top level professional training.

7-The general council may include, under the terms of the statutes, members elected by the

non-lecturer and non-researcher staff.

8-The term of office of the elected or designated members shall be four years, and may not be

destitute, save by the general council itself, by an absolute majority, in the event of

serious lack, in the terms of regulation of the organ itself.

9-The members of the general council do not represent groups or sectoral interests and

are independent in the exercise of their duties.

10-The rector or the President participates in the meetings of the general council, without a right to

vote.

Article 82.

Competence of the general council

1-Compete to the general council:

a) Elect its president, by an absolute majority, from among the members to which

refers to point c) of paragraph 2 of the preceding Article;

b) Approve your regiment;

c) Approve the amendments of the Statutes, pursuant to Article 68 (2 a) to 4;

d) Arranging the selection procedure and designating the dean or president, in the

terms of the law, the statutes and the applicable regulation;

e) To appreciate the acts of the rector or the chairman and the management board;

f) Propose the initiatives it deems necessary for the proper functioning of the

institution;

g) Perform the remaining functions provided for in the law or in the statutes.

2-Compete to the general council, on a proposal from the rector or the president:

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a) Approve the medium-term strategic plans and the action plan for the

four-year tenure of the term of the Dean or President;

b) Approve the general guidelines of orientation of the institution in the scientific plan,

pedagogical, financial and patrimonial;

c) Approve the annual activities plans and appreciate the annual report of the

activities of the institution;

d) Approve the budget proposal;

e) Approve the consolidated annual accounts, accompanied by the advice of the supervisor

single;

f) To propose or authorize, as disposed of in law, the acquisition or disposal of

property heritage of the institution, as well as credit operations;

g) Pronounce on the remaining subjects presented to you by the

rector or president.

3-The deliberations to which the points are referred a) a e) of paragraph 2 are compulsorily

preceded by the assessment, by the general council, of appearing mandatory, to be drawn up and

approve by the external members referred to in point (s) c) of paragraph 2 of the previous article.

4-The deliberations of the general council are approved by a simple majority, ressalvated the

cases where the law or statutes require absolute majority or other more demanding.

Article 83.

Competence of the chairman of the general council

1-Compete to the president of the general council:

a) Convene and chair the meetings;

b) Declare or check vacancies on the general council and proceed to the substitutions

due, in the terms of the statutes;

c) Carry out the remaining tasks that are committed to you by the statutes.

2-The chairman of the general council does not interfere in the exercise of the competences of the

other bodies of the institution, failing to represent it or to pronounce it in

your name.

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Article 84.

Meetings of the general council

1-The general council meets ordinarily four times a year, in addition to meetings

extraordinary summoned by its president, on his initiative, at the request of the rector

or president of the institution, or still a third of its members.

2-By decision of the general council, they may participate in the meetings, without the right to vote:

a) The Directors of the Organic units;

b) Invited personalities to speak up on matters of their

specialty.

Section III

Rector and President

Article 85.

Functions of the rector and the President

1-The rector of the university or university institute or president of the institute

polytechnic is the top governing body and external representation of the respective

institution.

2-The dean or president is the driving body of the institution's policy, and presides over the

management board.

Article 86.

Assignment

1-The Dean or the President is designated by the general council on the established terms

by the statutes of each institution and under the procedure laid down in the

competent regulation.

2-The selection process is the responsibility of the general council and includes,

specifically:

a) The appointment of a committee for the conduct and dynamisation of the process;

b) The public announcement of the opening of applications;

c) The submission of applications;

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d) The public hearing of each of the candidates by the general council, with

presentation and discussion of your programme of action;

e) The elaboration of an appreciation on the merit of each candidate.

3-Can be designated rectors of a university:

a) Professors and researchers from the top career category, from the very

institution or other national institutions of university education or of

research;

b) Professors and researchers from university education institutions or from

foreign research.

4-Can be designated as Presidents of a polytechnic institute:

a) Professors and researchers from the top career category, from the very

institution or other national institutions of higher education or of

research;

b) Professors and researchers from higher education institutions or

foreign research;

c) Individualities of recognized merit and relevant professional experience.

5-Cannot be designated rector or president:

a) Who finds himself in the situation of retiree;

b) Who has been convicted of a disciplinary, financial or criminal offence in the

exercise of public or professional functions;

c) Whoever inruns in any other ineligibility provided for in the statute.

6-The guardian minister can only refuse the approval of the designation of the rector or the

president on the basis of ineligibility, in illegality of the designation process

or in violation of rules and general principles of the Code of Procedure

Administrative.

Article 87.

Duration of term of office

1-The term of office of the Dean or President has the duration of four years, and may be

renewed a single time, in the terms of the statutes.

2-In the event of early termination of the mandate, the new dean or president starts new

mandate.

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Article 88.

Vice-rectors and vice-chairs

1-The Dean and the President shall be coadjuved, in the terms set by the statutes of the

institution, by vice-rectors or vice-presidents, respectively, in a number

maximum of three.

2-Vice-Rectors and Vice-Presidents are freely appointed by the Rector and the

president, may be exteriors to the institution.

3-Vice-rectors and vice-presidents can be exonerated at all time by the rector

or president and his or her mandate cede with the cessation of the mandate of this.

4-Statutes can create other forms of the coadjuvation of the dean and the president.

Article 89.

Removal of the Rector and the President

1-In a situation of gravity for the life of the institution, the general council convened

by the president or by a third of its members may deliberate, by majority of

two thirds of its members, the suspension of the rector or the president and, after the

due administrative procedure, by the identical majority, their destitution.

2-Decisions to suspend or impeach the dean or the president can only be

voted in meetings specifically convened for the purpose.

Article 90.

Unique dedication

1-Rector and Chair positions are exercised in exclusive dedication regime.

2-When they are lecturers or researchers of the respective institution, the rectors,

presidents, vice-rectors and vice-presidents are exempted from the provision of

lecturer or research service, without prejudice to, on his initiative, the

provide.

54

Article 91.

Replacement of the rector and the President

1-When you check the temporary inability of the dean or the president, assume the

his duties the vice-dean or vice president by him assigned, or, in the absence of

indication, the oldest.

2-Should the situation of disability extend for more than 90 days, the general council

must pronounce about the desirability of the designation of a new rector or

president.

3-In case of vacancy, renunciation or permanent disability of the Dean or of the

president, should the general council determine the opening of the selection procedure

of a new rector or president within the maximum of eight days.

Article 92.

Competence of the rector and the President

1-The rector or the president directs and represents the university, the university institute

or the polytechnic institute, respectively, by incumbent on it, specifically:

a) To draw up and present to the general council the proposals of:

i) Medium-term strategic plan and action plan for the quadriennium of the

your mandate;

ii) General guidelines of the institution's orientation in the scientific plan and

pedagogical;

iii) Annual plan and report of activities;

iv) Budget and consolidated annual accounts, accompanied by the opinion of the

single tax;

v) Acquisition or disposal of real estate heritage of the institution, and of

credit operations;

b) Approve the creation, transformation or extinction of organic units;

c) Approve the creation, suspension and extinction of courses;

d) Approve the maximum values of new admissions and inscriptions to which it relates

the Article 64;

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e) Superintender in academic management, deciding, in particular, as to the

opening of competitions, the appointment and hiring of personnel, to any title,

to the designation of the juries of competitions and academic proofs;

f) Guide and superintender in the administrative and financial management of the institution,

ensuring efficiency in the employment of its means and resources;

g) Approve the fees for inscriptions, realisation or repetition of examinations and

other acts of provision of services to students;

h) Assign supports to students in the framework of school social action, under the terms of

law;

i) Approve the granting of titles or honorific distinctions;

j) Institute school awards;

l) Homologation of the elections and assignments of the members of the governing bodies of the

organic units with own governing bodies, only the may refuse with

basis in illegality, and give them possession;

m) Nominate and exonerate, in the terms of law and statutes, the leaders of the

organic units with no governing bodies of their own;

n) Nominate and exonerate, under the law and bylaws, the administrator and the

leaders of the services of the institution;

o) Exercising the disciplinary power, in accordance with the provisions of this law and in the

statutes;

p) Ensuring compliance with the deliberations taken by the collegiate bodies of the

institution;

q) To approve the regulations provided for in the law and in the statute, without prejudice to the

regulatory power of organic units within their competencies

own;

r) Ensure compliance with the laws, bylaws and regulations;

s) Propose the initiatives it deems necessary for the proper functioning of the

institution;

t) Perform the remaining functions provided for in the law and in the statutes;

u) Communicate to the minister of guardius all the data necessary for the exercise of this,

specifically the plans and budgets and activity reports and accounts.

2-Cabin still to the rector or to the president all the powers that by law or by the

statutes shall not be assigned to other organs of the institution.

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3-The statutes of the institution, with a view to ensuring the best functioning of the

organic units:

a) Establish which powers of the rector or president who, within the framework of

schools endowed with own organs and managerial autonomy, are committed

to the school's own organs;

b) They may provide for the allocation of some of the skills of the dean or president

to the own organs of other organic units;

c) They may establish that the exercise of certain skills is

preceded compulsorily from the hearing of other organs.

4-The Dean or the President may, under the law and the statutes, delegate to us

vice-rectors or vice-chairs and in the management bodies of the organic units the

skills that are required to be necessary for more efficient management.

Article 93.

Direction of the remaining institutions

1-Directors or chairpersons of the remaining higher education institutions are

designated in the terms set out in Article 86.

2-Directors or Chairpersons may be coadjuved, in the terms set by the

respective statutes, by sub-directors or vice-chairs, at a maximum number

of two.

3-To the Directors or Chairs and Sub-Directors or Vice-Chairs shall apply the

provisions in the previous articles relating to rectors and presidents and vice-rectors

and vice-presidents, respectively.

Section IV

Board of Management

57

Article 94.

Composition of the management board

1-The management board is designated and chaired by the Dean or Chair, as per the

cases, being composed of a maximum of five members, in the terms provided for in the

statutes of the institution, including a deputy rector or vice president and the

administrator.

2-May be summoned to participate, without a right to vote, at board meetings

of management, the directors or chairpersons of the organic units, as well as the

responsible for the services of the institution.

Article 95.

Competence of the management board

1-Compete to the management board to conduct administrative, heritage and

financial of the institution, as well as the management of human resources, sensing it

applicable legislation in force for public bodies endowed with autonomy

administrative.

2-Compete still to the management board to approve the tuition fees due for enrolment of the

students.

3-The management board may, in the terms of the statutes, delegate to the own organs of the

organic units and the leaders of the services the skills considered

necessary for more efficient management.

Section V

Government and management of the organic units endowed with own organs and of

managerial autonomy

Article 96.

Statutes of organic units

1-The schools and organic research units endowed with own organs and

managerial autonomy have statutes of their own, in respect of the law and the statutes of the

institution.

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2-The statutes are approved by the general council of the organic unit.

3-Statutes lack approval by the rector or president of the institution,

as per the cases, for verification of their legality and compliance with the

statutes and regulations of the institution.

Article 97.

Structure of organs

The schools and the organic research units referred to in the previous article,

may adopt, with due adaptations, in the terms of the statutes of the institution and of the

statutes of the unit, the same structure of organs of the institutions to which they belong,

established in the terms of the previous sections.

Article 98.

General Council of the organic unit

The statutes of the institution may assign to the general counsel of the organic units to

Referring to Article 96 some of the competences of the general council of the institution in the

scope of the organic unit.

Article 99.

Financial surveillance

In the event that they are provided with financial autonomy, organic units become subject

to the audit of the financial watchdog of the institution to which they belong.

Article 100.

Competence of the director or chair of the organic unit

It is incumbent on the director or president of the organic unit:

a) Represent the organic unit in the face of the other organs of the institution and

before the outside;

b) Chairing the management board, directing the services of the organic unit and

approve the necessary regulations;

59

c) Approve the timetable and time of the lective tasks, listened to the advice

scientific or technical-scientific and the pedagogical council;

d) Carry out the deliberations of the scientific or technical-scientific council and the

pedagogical advice, when binding;

e) Exercising the disciplinary power assigned to it by the statutes or delegate

by the rector or president of the institution;

f) Elaborate the budget and plan of activities, as well as the report of

activities and the accounts;

g) To exercise the remaining functions provided for in law or in the statute;

h) Carry out the duties delegated to you by the Dean or Chairman of the

institution.

Article 101.

Simplified organization

In schools and the organic units of smaller research and

complexity, the statutes of the institution must provide for an organic structure

simplified.

Section VI

Scientific, technical-scientific and pedagogical advice

Article 102.

Composition of the scientific or technical-scientific council

1-In university education, at universities, in their schools, in the institutes

university-level and in the remaining university institutions, the scientific council is

consisting of:

a) Elected representatives, under the terms set out in the bylaws and in regulation of the

organic unity, by the set of the:

i) Teachers and career researchers;

ii) Remaining lecturers and researchers on a full-time scheme, with

contract of duration not less than one year, which are holders of the degree of

doctor, any that is the nature of your bond to the institution;

60

b) Representatives of the research units recognized and evaluated in the

terms of the law, when they exist, chosen in the terms set out in the statutes and

in regulation of the organic unit, in number not less than 20% of the total

of the board.

2-A Most of the members referred to in point (s) a) of the previous number is chosen from

between professors and career investigators.

3-In schools of polytechnic education, the technical-scientific council consists of

elected representatives, under the terms set out in the statutes and in regulation of the

organic unity, by the set of the:

a) Career teachers;

b) Equicomplete the teacher in full-time scheme with contract with the

school more than five years ago;

c) Lecturers with the degree of doctor, in full time regimen with contract of

duration not less than one year;

d) Representatives of the research units recognized and evaluated in the

terms of the law, when they exist, chosen in the terms set out in the statutes and

in regulation of the organic unit, in number not less than 20% of the total

of the board.

4-In the organic research units, the scientific council consists of

elected representatives, under the terms set out in the statutes and in regulation of the

organic unity, by the set of the:

a) Teachers and career researchers;

b) Remaining lecturers and researchers on full-time scheme with contract

duration of not less than one year, who are holders of the degree of doctor,

whatever the nature of your bond to the institution.

5-Statutes may lay down the possibility of scientific advice or

technical-scientific being also integrated by invited members, from among

professors or researchers from other recognized institutions or personalities

competence in the framework of the mission of the institution.

6-The scientific or technical-scientific board is composed of a maximum of 25

members.

7-When the number of eligible persons is lower than that set out in the bylaws, the

board shall be composed of the whole of the same, without prejudice to the provisions of the

b) of paragraph 1.

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8-The statutes dispose of the chair of the scientific or technical-scientific council,

may opt for its assignment to the Director or Chair of the organic unit.

Article 103.

Competence of the scientific or technical-scientific council

1-Compete to the scientific or technical-scientific council, specifically:

a) Elaborate your regiment;

b) Appreciate the plan of scientific activities of the unit or institution;

c) Pronounce on the creation, transformation or extinction of units

organic of the institution;

d) Deliberating on the distribution of the teaching service, subjecting it to type-approval

of the rector or president or the director or president of the school, as per the

cases;

e) Pronounce on the creation of cycles of study and approve the plans of

studies of the cycles of studies delivered;

f) To propose or pronounce on the granting of titles or honorific distinctions;

g) To propose or to comment on the institution of school awards;

h) Propose or pronounce on the realization of agreements and partnerships

international;

i) To propose the composition of the juries of evidence and academic contests;

j) Practise the other acts provided for in the law relating to the teaching career and

research and the recruitment of teaching and research staff;

l) Perform the remaining functions assigned to it by the law or by the

statutes.

2-Members of the scientific or technical-scientific council cannot pronounce

on subjects regarding:

a) To acts related to the career of lecturers with a higher category than their own;

b) To contests or proofs in relation to which they meet the conditions to be

opponents.

62

Article 104.

Pedagogical council

1-The pedagogical council consists of equal number of representatives of the body

lecturer and the students of the institution or school, elected on the terms

established in the statutes and in regulation.

2-Statutes dispose of the chair of the pedagogical council, and may opt

for its assignment to the director or president of the organic unit.

Article 105.

Competence of the pedagogical council

Compete for the pedagogical board:

a) Pronouns on the pedagogical guidelines and methods of teaching and

evaluation;

b) To promote the conduct of regular surveys of the pedagogical performance of the

organic unit or the institution and its analysis and dissemination;

c) To promote the achievement of the evaluation of the teaching performance of lecturers,

by these and by students, and their analysis and dissemination;

d) To appreciate complaints regarding pedagogical failures;

e) To approve the evaluation regulation of the students ' advantage;

f) Pronounce on the regime of prescriptions;

g) Pronouns on the creation of cycles of studies and on the plans of the cycles

of studies delivered;

h) Pronouns on the institution of school awards;

i) Pronount on the academic calendar and the test maps of the unit

organic or the institution;

j) Exercising the remaining powers conferred upon it by the law or by the

statutes.

Section VII

Incompatibilities and impediments

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Article 106.

Independence and conflicts of interest

1-The holders and members of the governing bodies and management of educational institutions

public superior are exclusively in the service of the public interest of their

institutions and are independent in the performance of their duties.

2-Rectors and vice-rectors of universities and the presidents and vice-presidents of

polytechnic institutes, the directors or chairs of the respective units

organic as well as the directors or chairpersons and sub-directors or deputy-

presidents of the remaining higher education institutions, cannot belong

to any organs of government or management of other higher education institutions,

public or private.

3-The members of the bodies of public higher education institutions may not be

holders or members of governing bodies or the management of other institutions of

higher education, public or private education.

4-The bylaws define the remaining incompatibilities and impediments of the holders or

members of the bodies of public higher education institutions.

5-A The verification of any incompatibility carries the loss of the mandate and the

ineligibility for any other office in the institution during the period of eight

years.

Section VIII

Remunerative scheme

Article 107.

Remuneration for holders of the governing and management bodies

The remunerative scheme of the holders of the governing bodies and the management of the institutions

of public higher education and its organic units is fixed by decree-law,

ears the representative bodies of the institutions.

CHAPTER V

Management, administrative and financial management

64

Section I

Common standards

Article 108.

Autonomy of management

Public higher education institutions enjoy heritage autonomy,

administrative and financial, in the terms of the law.

Article 109.

Heritage autonomy

1-Public higher education institutions enjoy heritage autonomy.

2-Constituting heritage of each public higher education institution the ensemble of the

goods and rights that have been transmitted to it by the State or by other entities,

public or private, for the realization of its purposes, as well as the acquired goods

by the institution itself.

3-Integrate the heritage of each institution of public higher education,

specifically:

a) The real estate by this acquired or built, even if on land

belonging to the State, after, as the case is, the entry into force of the Law n.

108/88, of September 24, and of Law No. 54/90 of September 5;

b) The real estate of the private domain of the State which, in the legal terms, has been

transferred to their heritage.

4-Public higher education institutions can administer goods from the field

public or private of the State or other territorial collectivity that have them

been ceded by its holder, under the conditions laid down in the law and in the protocols signed

with the same entities.

5-Public higher education institutions may acquire and lease land or

buildings indispensable to their functioning, under the law.

6-Public higher education institutions can freely dispose of their

heritage, with the limitations set out in the law and its statutes.

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7-A divestments, the exchange and the burdening of heritage or the ceding of the right of

surface lack of authorization by joint dispatch of the minister responsible

by the area of finance and the minister of tutelage.

8-Real estate that integrate the heritage of public higher education institutions

non-university and which have ceased to be necessary for the performance of the

assignments and competences of the institution are, saved when built or

acquired through the exclusive resource to own or purchased revenue by donation,

incorporated into the state's heritage by dispatching the minister's joint dispatch

responsible for the area of finance and the minister of guardian, outed the institution.

9-A percentage of the proceeds from the disposal of the immovable heritage of the institutions of

public higher education that reverts to these is fixed by joint order of the

minister responsible for the area of finance and the minister of guardian and:

a) It is used for investment expenses;

b) It may not be less than 50%;

c) It can be up to 100% when it is uniquely designed for construction,

rehabilitation or acquisition of goods for teaching activities,

research or development.

10-Public higher education institutions keep up to date the inventory of their

heritage, as well as the enrollment of the goods from the public or private domain of the

State that have your care.

Article 110.

Administrative autonomy

1-Public higher education institutions enjoy administrative autonomy,

being in its acts subject only to judicial challenge, save in cases

provided for in the law.

2-In the performance of its administrative autonomy, higher education institutions

public may:

a) Issuing regulations in the cases provided for in the law and its statutes;

b) Practice administrative acts;

c) Celebrate administrative contracts.

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3-Saved in cases of urgency, duly justified, the approval of the

regulations are preceded by the dissemination of the projects and their discussion by the

interested during the period of one month.

Article 111.

Financial autonomy

1-Public higher education institutions enjoy financial autonomy, in the

terms of the law and its statutes, freely managing its financial resources

as per criteria per se set out, including the annual monies that are given to them

assigned in the State Budget.

2-Within the framework of financial autonomy, public higher education institutions:

a) Elaborate on their multiannual plans;

b) Elaborate and carry out their budgets;

c) They liquidate and charge their own revenues;

d) They authorize expenses and carry out payments;

e) They shall carry out all budgetary changes, with the exception of those of

competence of the Assembly of the Republic and of those not compatible

with the allocation of consignments revenue.

3-Public higher education institutions may carry out, provided that they are covered by

own revenue, insurance of movable and immovable property and also of sickness and risk

of its employees, agents and other workers who loophers, in service,

abroad, or of foreign individualities which, with a transitional character,

in them preshas any kind of functions.

4-Foreign currency expenditure of public higher education institutions

may be settled directly, upon recourse to banking services by

these considered more appropriate and efficient.

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Article 112.

Budgetary transparency

Public higher education institutions have the duty of information to the State as

guarantee of budgetary stability and reciprocal solidarity, as well as the duty of

give to the community, in an accessible and rigorous way, information about your situation

financial.

Article 113.

Guarantees

1-The budgetary arrangements of public higher education institutions comply with the

following rules:

a) Reliability of forecasts of revenue and expenditure, certified by the single supervisor;

b) Consolidation of the budget and the accounts of the institution and its units

organic;

c) Efficiency in the use of available financial means;

d) Obligation to communicate, to the minister responsible for the area of finance and the

minister of the tutelage, the instruments of forecasting and the provision of

accounts;

e) Subjection to the supervision and inspection of the ministry responsible for the area of

finance.

2-Public higher education institutions are subject to the Official Plan of

Public Accounting for the Education Sector (POC-Education).

3-Public higher education institutions are subject to the one established in law

as to the budgetary balance and the discipline of public finances.

4-The rules applicable to public higher education institutions as to the balance

budget:

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a) They are, for those that already adopt the Official Public Accounting Plan

for the Education Sector and have the accounts certified, the constants

of Article 84 (2) of the Law No 91/2001 of August 20, amended by the Law

Organic n. 2/2002, of August 28, and by the Leis n. the

23/2003, of July 2

and 48/2004, of August 24, without prejudice to the concomitant application of the n. the

3 and 4 of Article 25 of the same diploma in accordance with the criteria set out

by joint dispatch of the minister responsible for the area of finance and the

tutelage minister;

b) They are, for the remaining ones, the constants of Article 25 of Law No. 91/2001, 20

of August.

5-In the case of non-compliance with the provisions of the preceding number the educational institutions

public higher may be penalized in the subsequent budgetary exercise, in the

scope of the budget implementation, with the deduction on the transfer of the Budget of the

State to which they would be entitled to a value equivalent to 100% of the registered deficit, without

prejudice to the financial liability in question.

6-In the event of unwarranted failure of the information duties provided for in the

this article, as well as of the respective deadlines, can be withheld up to 10% of the

twelfth of the current transfers of the State Budget for each month of

delay.

7-Are void and imply financial responsibility the decisions that determine or

authorize the realization of illegal or no budgetary coverage.

Article 114.

Management balances

1-Do not apply to public higher education institutions the legal provisions

who prescribe the mandatory reposition in the state coffers of the balances of

management arising from the appropriations transferred from the State Budget.

2-A use by public higher education institutions of management balances

coming from appropriations transferred from the State Budget does not lack from

authorization of the minister responsible for the area of finance and the minister of guardian.

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3-The changes in the privative budgets of higher education institutions

public that translates into application of management balances does not lack

authorization of the minister responsible for the area of finance and the minister of guardian.

Article 115.

Recipes

1-Constituents revenue of public higher education institutions:

a) The budgetary allocations allocated to them by the State;

b) The revenue from the payment of tuition fees and other fees from

frequency of cycles of studies and other training actions;

c) The revenue from research and development activities;

d) The income of intellectual property;

e) The incomes of own goods or of which they have the fruition;

f) The revenue derived from the provision of services, issuance of opinions and the

sale of publications and other products of their business;

g) The grants, grants, comholdings, donations, inheritances and legacies;

h) The proceeds from the sale or leasing of immovable property, when authorized by

law, as well as other goods;

i) The interest of deposit accounts and the remuneration of other applications

financial;

j) The balances of the management account of previous years;

l) The product of fees, emoluments, fines, fines and any other recipes

that lawfully adheres to them;

m) The product of borrowings;

n) Other revenue provided for in the law.

2-Public higher education institutions may resort to credit on the terms

established in law, upon authorization by joint dispatch of the minister

responsible for the area of finance and the minister of guardian.

3-With the exception of appropriations transferred from the State Budget and the balances of the

management accounts arising from the appropriations granted by the Budget of the

State, may the public higher education institutions deposit in any

bank institution all the other recipes they raise.

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4-The recipes referred to in the final part of the previous number are managed by the

public higher education institutions through their respective budgets

deprivations, as per criteria per se established.

5-The financial applications of each public higher education institution must be

carried out in the Treasury, save for a value not exceeding 25% of your amount

total.

6-The principle of non-consignment of recipes does not apply:

a) To revenue from the State Budget earmarked for financing

of expenditure or specific projects;

b) To revenue which, under the law or contract, is intended to cover

certain expenses.

Article 116.

Tax exemptions

Public higher education institutions and their organic units are exempt,

on the same terms as the state, from taxes, fees, costs, emoluments and stamps.

Article 117.

Single fiscal

The patrimonial and financial management of public higher education institutions is

controlled by a single supervisor, designated, from among official auditors of accounts or

companies of official reviewers of accounts, by joint order of the minister

responsible for the area of finance and the minister of guardian, heard the rector or president,

and with the competences set out in the framework law of public institutes.

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Article 118.

Financial control

1-Without prejudice to the mandated audits carried out by the State, the institutions of

public higher education should promote external audits, to be carried out by

audit firms of recognized merit, per se contracted for the purpose.

2-External audits are carried out every two years, and one will report to the

first half of the dean's term or president and the following preceder in three

months the end of the corresponding mandate.

3-The reports of the audits referred to in the preceding paragraphs, as well as the

annual reports of the single supervisor, are remitted to the minister responsible for the area

of the finances and the minister of guardian.

Section II

Personnel

Article 119.

General principles

1-Each public higher education institution must have the human means

necessary for the performance of your assignments, without prejudice to the contracting

external of services.

2-It is up to the public higher education institutions the recruitment and promotion of the

its lecturers and researchers, as well as from the remaining staff, under the law.

3-The faculty and research staff regime is defined in special law.

Article 120.

Staff of the tables

1-The number of units of the cadres of teaching staff, research and other

each public higher education institution is fixed by dispatch of the minister of the

tutelage through the application of criteria established by decree-law.

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2-A distribution of the vacancies of the tables by the different categories, in the case of staff

lecturer and research, and by the different careers and categories, in the case of the

remaining staff, is done by each public higher education institution, without prejudice

of the tutelage minister being able to fix, by dispatch, general rules on this matter.

Article 121.

Limits to appointment and hiring

1-The maximum number of lecturers, researchers and other staff, whatever the

applicable legal regime, which each public higher education institution may appoint

or hire, is fixed by dispatch of the minister of guardius through the application of

criteria established by decree-law.

2-It is not subject to any limitations, specifically those to which the

previous number, the hiring of personnel in individual contract arrangements of

work whose charges are met exclusively through revenue

own, including in these relating to research projects and

development, whatever their provenance.

Article 122.

Duration of individual fixed-term employment contracts

The duration of individual fixed-term contracts occasioned by the

development of projects not inserted in the normal activities of the institutions of

higher education may be identical to those of these projects.

Article 123.

Administrator

1-Public higher education institutions have an administrator, chosen from among

people with knowledge and experience in the area of management, with competence for management

current of the institution and the coordination of its services, under the direction of the rector or

president.

2-The administrator is appointed and freely exonerated by the rector or president.

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3-The administrator is a member of the board of management and has the skills that

are fixed by the bylaws and delegated by the dean or president.

4-A The maximum duration of the exercise of duties as an administrator may not exceed

ten years.

Section III

Specific standards as to the autonomy of management of educational institutions

public university

Article 124.

Heritage autonomy

The real estate of the private domain of the State that have been transferred to the

heritage of public university educational institutions and which have ceased to be

necessary for the performance of your assignments and competences, are incorporated into the

state heritage by dispatching set of the minister responsible for the area

of the finances and the minister of guardian, outed the institution.

Article 125.

Personnel and expenses with personnel

1-Public university education institutions freely manage their resources

humans, taking into consideration their needs and the principles of good management and

in the strict respect of their budgetary availabilities, not being applicable to them

the limitations set out in accordance with Article 121 (1).

2-For the purposes of monitoring the evolution of expenditure on staff, the

public university education institutions refer quarterly to the minister

responsible for the area of finance and the minister of the tutelage the following elements:

a) Expenses with personnel, including avickness, task and acquisition contracts

of services with natural persons;

b) Number of admissions of personnel, to any title, and from retirees,

rescisions and other forms of cessation of the labour bond;

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c) Statement of reasons for possible increases in expenditure with personnel who do not

result from wage updates, compliance with legal obligations or

transfer of competences from the central administration.

3-A information to be provided in the terms of the preceding paragraph shall be referred to in the terms

fixed by the ministry responsible for the area of finance.

4-In the event of unwarranted failure of the information duties provided for in the

this article, as well as of the respective deadlines, can be withheld up to 10% of the

twelfth of the current transfers of the State Budget for each month of

delay.

Section IV

Organic units

Article 126.

Autonomy of management of organic units

1-Schools and organic research units can be endowed with autonomy

administrative and or financial, in the terms of the statutes of the respective institution and

with the scope in them fixed.

2-A allocation of financial autonomy to organic units of polytechnic institutes

public is granted by dispatching from the minister of guardian and depends on the satisfaction of

criteria to be approved by portaria of this, which will include, specifically, its level

of own recipes.

3-Where this is justified, for greater efficiency in the management of human resources and

financial institutions of higher education institutions, the respective rectors or presidents

can:

a) Re-affect teaching staff, researcher and other between organic units;

b) Redistribute the budgetary resources between organic units.

4-The decisions set out in the preceding paragraph lack the prior opinion of the council

general.

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Article 127.

Administrator or secretary of organic unity

1-Schools endowed with own organs and managerial autonomy may have, in the

terms set by the statutes, of an administrator or secretary, appointed in

commission of service, and freely exonerated, by the director or president of the

organic unity.

2-The administrator or secretary of the organic unit has the assignments and

competencies that are fixed by the statute or delegated by the director or

chair of the organic unit.

Section V

School social action services

Article 128.

School social action services

1-Each university and public polytechnic institute has a service vocationally to

ensuring the functions of school social action, without prejudice to possible sharing, by

various institutions, of one same service.

2-These services:

a) They enjoy administrative and financial autonomy, in the terms and scope

defined by law and by the statutes;

b) They are subject to the supervision exercised by the single supervisor and their accounts are

consolidated with the accounts of the institution of higher education.

3-The leader of this service:

a) It is chosen from people with knowledge and experience in the area of management;

b) It has the assignments and powers set by it by the statute and

delegated by the rector or president.

4-A The maximum duration of the exercise of duties as a leader of this service cannot

exceed 10 years.

5-A The management of services to students, such as canteens and residences, can be

concessionary by deliberation of the management board of the educational institution

public superior, preferentially to the respective student association.

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6-In the remaining public higher education institutions, the functions of social action

school can be ensured through the respective service of a university

or polytechnic institute, in the terms set out in protocol established between the two

institutions.

CHAPTER VI

Public higher education institutions of a foundational nature

Article 129.

Creation of the foundation

1-Mediant reasoned proposal of the rector, approved by the general council, by

absolute majority of its members, universities and university institutes

public may apply to the Government for its transformation into public foundations

with a private law regime.

2-A The institutional change may still have per object:

a) A school or an organic research unit of a university,

with the consequent separation and institutional autonomization;

b) The creation of a new institution that results from the recomposition of units

Organic from various public university institutions and institutions of

public or private research and development.

3-In the case referred to in point a) of the previous number, the application must be

presented through reasoned proposal, approved by a majority of the board

general or the organ with equivalent functions, accompanied by opinion of the organs of the

institution.

4-In the case referred to in point b) of paragraph 2, the creation of the new institution may

result of initiative of the Government, ears of the organs of the institutions involved, or

of initiative of these.

5-A The transformation of an institution into a public foundation with a rule of law

private shall grounded in the advantages of the adoption of this management model and

legal framework for the further pursuit of their objectives.

6-A The proposal should be instructed with a study about the implications of that

institutional transformation on the organisation, management, financing and the

autonomy of the institution or organic unit.

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7-Havendo concordance on the part of the Government in the institutional transformation, is

firming an agreement between this and the entity to be the subject of the processing,

covering, in particular, the project of the institution, the programme of

development, the statutes of the foundation, the basic organic structure and the process

of transition, as well as the circumstances under which you can operate your return to the

non-fundational regime, specifically through the eventual definition of a

initial period of operation subject to specific evaluation.

8-A The creation of the foundation is carried out by decree-law, which it also approves of

statutes of the same.

9-A The creation of the foundation can also be decided on the initiative of the Government,

observed the provisions of paragraph 6, or of the entities involved, observed the provisions of the

n. os

6 and 7, when dealing with the creation of a new institution that does not result from

transformation from previous institution.

Article 130.

Heritage of the foundation

1-The heritage of the foundation is made up of the heritage of the university concerned

or, when it comes to an organic unit of a university, by heritage

of the university that was affection specifically to its assignments, in the terms

fixed by the legal diploma proceeding to the creation of that.

2-The State can contribute to the heritage of the foundation with resources

supplementary, patrimonial or other.

3-In the creation of the foundation, they can contribute to their heritage other entities.

Article 131.

Administration of the foundation

1-A The foundation is run by a board of trustees consisting of five

high-merit personalities and professional experience recognized as

especially relevant.

2-The curators are appointed by the Government on a proposal from the institution.

3-The exercise of curator functions is not compatible with a labour link

concurrent with the institution.

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4-Curators have a five-year term, renewable one single time, no

may be impeached by the Government for no justified reason.

5-In the first composition of the board of trustees, the mandate of two, to choose

by lottery, is only three years old.

6-A The foundation has a unique tax to which the provisions of Article 117 apply.

Article 132.

Autonomy

1-Public higher education institutions of a foundational nature dispose of

autonomy on the same terms of the remaining public higher education institutions,

with due adaptations arising from that nature.

2-The establishments have statutes of their own, approved by the board of curators of the

foundation, on the proposal of an assembly with the composition provided for in the article

172.

3-Statutes are subject to governmental approval, on the same terms as the

statutes of the remaining public higher education institutions.

4-A disciplinary competence on teaching and research staff, as well as

about the students, it is up to the bodies of the establishment on the same terms as

for the remaining public higher education institutions.

5-The provisions of Article 116 shall also apply to institutions of higher education

public of a foundational nature.

Article 133.

Organs of establishments

1-The organs of higher education institutions are chosen in the terms and have the

composition and skills planned for the remaining higher education institutions

public, with the necessary adaptations and with the constant caveats of the figures

following.

2-Compete to the board of trustees:

a) Appoint and exonerate the management board on a proposal from the rector, director or

president;

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b) Homologation of the deliberations of the general council of designation and removal of the

rector, director or president;

c) Exercise the competence referred to in point (s) f) of Article 82 (2);

d) Homologation of the deliberations of the general council to which the points are referred a) a

e) of Article 82 (2)

Article 134.

Legal regime

1-The foundations are governed by private law, particularly with regard to their

financial, equity and personnel management, with the caveats established in the

following numbers.

2-The private law regime is without prejudice to the application of constitutional principles

relating to the Public Administration, namely the pursuit of interest

public, as well as the principles of equality, impartiality, justice and the

proportionality.

3-The personnel scheme is the scheme of the employment contract, and the institution may, in the

scope of the management of its human resources, create careers of its own for its

staff lecturer, researcher and other, respecting generically, when

appropriate, parallelism in the cast of academic categories and habilitations, in

relation to those that invigorate for the teaching staff and researcher of the rest

establishments of public higher education.

4-The provisions of the preceding paragraph shall be understood without prejudice to the safeguard of the scheme of the

public function of which they enjoy the officials and agents of the educational institution

higher before their transformation into foundation.

Article 135.

Access and admission

Public higher education institutions of a foundational nature can select

your students through criteria and own procedures, fixed in diploma

proper legal.

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Article 136.

Funding

1-State funding to the institutions provided for in this chapter is defined by

means of multiannual contracts, of a duration of not less than three years, according to

performance objectives.

2-The contracts referred to in the preceding paragraph shall be concluded between the institution and the

State, represented by the minister responsible for the area of finance and the

tutelage minister.

3-The student's tuition scheme is the one fixed by the law regulating this matter in the

that refers to public higher education institutions.

Article 137.

School social action

The students of the higher education institutions referred to in this Chapter

are covered by the school social action on the same terms as the students of the

public higher education institutions.

Title IV

Organisation and management of private higher education institutions

CHAPTER I

Introductory provisions

Article 138.

Principles of organization

1-A the instituidora entity organizes and manages the respective educational establishments,

particularly in the areas of economic and financial management.

2-Teaching establishments enjoy pedagogical, scientific and cultural autonomy.

3-They may not be holders of the organs of the educational establishments holders of

organs of the instituidora entity.

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4-The exercise of disciplinary power over teachers and too much staff and on the

students is up to the instituidora entity, preceding the prior opinion of the

establishment of teaching, and there may be delegation of disciplinary powers in the

organs of the establishment.

Article 139.

Tuition and too much charges

The tuition fees and too much charges due by the students for the frequency of the

establishment of teaching are set by the instituidora entity, ears the organs of

direction of the establishment, having to be known and adequately advertised in

all its aspects before enrolment of the students.

CHAPTER II

Statutes

Article 140.

Statutes and regulations

1-A instituidora entity of private higher education establishment must endobe it

of statutes that, in the respect of the law, define:

a) Their objectives;

b) The scientific, cultural and pedagogical project;

c) The organic structure;

d) The form of management and organization it adopts;

e) Other key aspects of your organisation and operation.

2-Statutes should contemplate the participation of lecturers and students in the management of the

educational establishments, specifically of the lecturers in the scientific aspects and

pedagogical and students in the pedagogical aspects.

3-Under the terms of the bylaws, the competent bodies of educational establishments

pass the respective internal regulations.

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Article 141.

Reservation of status

1-Of the statutes of each educational establishment are mandatorily listed for

in addition to that provided for in the previous article, the rules to which they comply with the relations between the

instituidora entity and the establishment of teaching, as well as the remaining aspects

fundamental of the organization and operation of this, in particular the form of

designation and length of the term of office of the holders of their organs.

2-Of the statutes must appear, in the field of teaching to be taught, the definition of the scheme

of enrolment, of enrollment, of frequency and evaluation of the students, as well as

the rights and duties of the students.

3-Of the statutes of the educational establishments appear, under the law, the scheme of the

career teaching career of each teaching establishment, containing,

notably, the definition of the rights and duties of the teaching staff, the definition of the

careers and the rules of assessment and career progression.

Article 142.

Approval and publication of the Statutes

1-The statutes of private higher education institutions and their amendments are

subject to governmental approval, pursuant to this diploma, to

verification of their compliance with the law or regulation, with the constitutive act

of the instituidora entity and with the public interest recognition diploma of the

establishment.

2-A The instituidora entity requires the approval of the statutes and their amendments,

instructing the process with all the remaining relevant documents, without prejudice to

the tutelage minister can request clarifications or supplementary documentation.

3-After the homologation, the instituidora entity makes publishing in the 2 th series of the Journal of the

Republic the statutes of the educational establishment, as well as all amendments

subsequent.

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CHAPTER III

Autonomy of private higher education institutions

Article 143.

Strands of autonomy

1-Private higher education institutions enjoy cultural autonomy,

scientific and pedagogical.

2-It is applicable to private higher education institutions in this regard

provisions of Chapter II of Title III.

CHAPTER IV

Organization

Article 144.

Organic structure

1-Private higher education institutions have the compulsorily available

following organs:

a) Rector, in the case of whether it is a university or university institute, or

president, in the case of whether it is a polytechnic institute, designated from among

individualities that comply with the provisions of paragraphs 3 and 4 and 4 b) and c) from the

n Article 86 (5);

b) Director, chairman or board of directors, in the case of the remaining

higher education institutions;

c) Scientific or technical-scientific advice and pedagogical advice, in the terms

of Articles 102 and 104.

2-Unless for disciplinary reasons, the holders of the bodies of the establishment may only

be impeached with effect to be produced at the end of the academic year.

3-Organic units, when they exist, have a director or president of the unit

organic, appointed by the instituidora entity under the proposal of the rector or president of the

establishment.

4-In addition to those referred to in the preceding paragraph, the statutes may provide for other organs,

specifically of a consultative and technical nature.

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Article 145.

Scientific, technical-scientific and pedagogical advice

To the scientific, technical-scientific and pedagogical advice of the establishments of

private education applies the provisions of Articles 102 to 105 for the corresponding

organs of public higher education institutions.

Article 146.

Participation of lecturers and discents

1-A participation of lecturers and students in the academic management of establishments

of private higher education must be ensured through the representation of the

lecturers on the scientific or technical-scientific and pedagogical boards and the

students in the pedagogical council.

2-The system of participation must, still, ensure that representatives of the body

lecturer, through the scientific or technical-scientific advice, be heard by the

entity instituidora and by the rector, chairman, director or president of the unit

organic in matters related to the administrative management of the establishment

of teaching.

Title V

Assessment and accreditation, surveillance, tutelage and responsibility of the institutions of

higher education

CHAPTER I

Evaluation and accreditation

Article 147.

Evaluation and accreditation of institutions of higher education

1-Higher education institutions shall establish, in accordance with their statutes,

mechanisms for regular self-assessment of their performance.

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2-Higher education institutions and their organic units, as well as the

respective pedagogical and scientific activities, are subject to the national system

of accreditation and evaluation, pursuant to the law, and shall comply with the obligations

legal and collaborate with the competent instances.

CHAPTER II

Surveillance and inspection

Article 148.

Surveillance

Higher education institutions are subject to the surveillance powers of the State,

you should collaborate loyal and promptly with the relevant instances.

Article 149.

Inspection

1-Higher education institutions are subject to the inspection of the ministry of

tutelage.

2-The competent services of the tutelage ministry regularly carry out visits to

inspection to all educational establishments in operation, and may do-

follow up with experts in the relevant areas.

3-Inspection reports are notified to the educational establishment and, in the case

of the private educational establishments, the instituidora entity.

CHAPTER III

Tutela

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Article 150.

Tutela

1-The power of tutelage on higher education institutions is exercised by the

government department with responsibility for the higher education sector,

having in view, fundamentally, compliance with the law and the defence of interest

public.

2-Compete the tutelar instance, in addition to the specific powers assigned by the

present law:

a) Know and decide on resources whose interposition is provided for in provision

express legal;

b) Practise the other acts provided for in the law.

3-Compete equally to the minister of the tutelage convene elections for the organs of the

institutions of higher education, as well as triggering the procedure of

designation of the rector or president, if the competent bodies do not do so in

due time.

Article 151.

Delegation of competences

The tutelage minister may delegate or underdelegate skills in the dean or president

of public higher education institutions.

Article 152.

Situations of crisis

1-In the case of situations of serious institutional crisis of public institutions that do not

can be overcome in the framework of their autonomy, the Government, by dispatching

grounded of the minister of guardian, heard the Coordinating Council of the Teaching

Superior, it can intervene in the institution and take appropriate measures, including the

suspension of statutory bodies and the appointment of an independent personality

for the management of the institution, in the measure and for the time strictly necessary for

repose of institutional normality and reconstitute as soon as possible the self-government of the

institution.

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2-A The intervention may not affect the cultural, scientific and pedagogical autonomy of the

institution, nor to call into question academic freedom or freedom to teach and to

learn within the institution.

Article 153.

Compulsive closure

1-Constituting causes of compulsive closure of higher education institutions,

by determination of the Government:

a) The non-fulfillment of the necessary requirements for its operation;

b) In the case of private higher education institutions, the non-verification of

any of the assumptions of its recognition of public interest;

c) The critically negative institutional assessment;

d) The functioning under conditions of severe institutional degradation or

pedagogical.

2-The closing procedure is instructed by the competent departments of the

tutelage ministry and takes place by reasoned dispatch of the minister of guardian,

published in the 2 th series of the Journal of the Republic , which sets the conditions and deadlines in

that the same must take place.

3-A The ministerial decision shall be preceded by the hearing of those responsible for the

establishment of teaching and, in the case of private establishments, of the entity

instituidora, under penalty of nullity.

4-The compulsive closure of educational establishments may be requested from the

administrative and police authorities, with communication of the dispatch

corresponding.

5-It may also be determined the compulsive closure of a unit

organic or a cycle of authorized studies that find themselves in one of the situations

provided for in paragraph 1.

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Article 154.

Preventive measures

1-In the event of non-compliance with the provisions of this diploma by the

institutions, or when serious disturbances occur in the operation of the

educational establishments, can the minister of guardian:

a) To direct a formal warning to the institution, or to the instituidora entity,

accompanied or not from the fixture of time for the normalization of the situation;

b) Suspend the authorisation of operation of study cycles;

c) Suspend the lective activities of the institution for a period not exceeding three

months.

2-A The implementation of the measures provided for in the preceding paragraph shall be preceded by hearing

of the institution or of the instituidora entity.

3-The provisions of paragraph 1 shall be without prejudice to the provisions of Articles 152 and 153, nor to

imposition of the penalties provided for in the Act.

Article 155.

Conversion

1-When a higher education institution has left to fulfil the requirements

respective provided for in Articles 39 to 46, may the same be reconverted,

upon dispatch of the minister of guardian, in higher education institution with

different nature, if it respects the corresponding requirements, with obligation to

amendment of its by-laws and, where appropriate, of its denomination.

2-The procedure referred to in the preceding paragraph shall include the drafting of a report by the

competent service of the ministry of guardian and the prior hearing of the entities

affected.

Article 156.

Safeguarding the interests of students

In case of compulsive closure of educational establishments, units

organic or cycles of study, the ministry of tutelage determines the arrangements

necessary for the safeguarding of the interests of the students.

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CHAPTER IV

Responsibility

Article 157.

Responsibility of higher education institutions

1-Higher education institutions are patrimonially responsible for the damage

caused to third parties by the holders of their organs, officials or agents, in the

terms of the law, without prejudice to academic and scientific freedom.

2-The holders of the organs, the officials and the actors of the educational institutions

public superior are responsible civilly, disciplinarily, financially and

criminally for the offences that are attributable to them, in the general terms.

Article 158.

Court of Auditors

Institutions of higher education are subject to the jurisdiction of the Court of Auditors in the

terms of the general law.

Article 159.

Annual report

Higher education institutions approve and make publishing an annual report

consolidated on its activities, accompanied by the opinions and deliberations of the

competent bodies, giving account, in particular:

a) Of the degree of compliance with the strategic plan and the annual plan;

b) From the achievement of the established objectives;

c) From the efficiency of administrative and financial management;

d) From the evolution of the patrimonial and financial situation and the sustainability of the

institution;

e) From the movements of teaching staff and non-lecturers;

f) From the evolution of admissions and the frequency of the cycles of study taught;

g) Of the academic degrees and diplomas conferred;

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h) Of the employability of its graduates;

i) From the internationalization of the institution and the number of foreign students;

j) From the provision of external services and established partnerships;

l) Of the self-assessment and external evaluation procedures and their results.

Article 160.

Accounts

1-Public higher education institutions must submit an annual

report of consolidated accounts with all of its organic units.

2-The report referred to in the preceding paragraph shall include the explication of the

cost structures, differentiating teaching and research activities for the

various types of careers, so as to ensure best practices of accounting and

registration of the cost structures of educational and research institutions.

Article 161.

Transparency

1-Higher education institutions make available on their site in the Internet all the

elements relevant to the cabal knowledge of the cycles of studies offered and

degrees conferred, the research carried out and the services provided by the institution.

2-Among the elements made available shall include, compulsorily, the reports of

self-assessment and external evaluation of the institution and its organic units,

as well as their cycles of study.

Article 162.

Information and advertising

1-Teaching establishments compulsorily mention in their documents

informations intended for public dissemination and in the respective advertising the content

i need the recognition of public interest, the operating permits

of cycles of studies and recognition of degrees.

2-Need to be made accurate and sufficient information on the following

aspects:

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a) Mission and objectives of the institution;

b) Statutes and regulations;

c) Organic units;

d) Cycles of studies in operation, degrees confering and structure

curriculum;

e) Faculty member, regime of the bond to the institution and regime of provision of

services;

f) School evaluation regime;

g) Accreditation titles and results of the evaluation of the institution and its cycles

of studies;

h) Rights and duties of students, including all tuition fees and fees payable

by these;

i) School social action services;

j) Indexes of harnessing and school insuccess, as well as of

employability of the cycles of study imparted;

l) Other elements provided for in the law or in the statute.

CHAPTER V

Fees

Article 163.

Fees

1-Are due fees to be paid by higher education institutions in the following

procedures:

a) Recognition of public interest of higher education institutions

private;

b) Registration of the cycles of study;

c) Other acts provided for in the law.

2-The amount of fees is established by regulatory diploma.

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CHAPTER VI

Illicit from mere social ordering

Article 164.

Illicit in particular

1-Are punishable with fine from 10000 euros to 100000 euros or from 1000 euros to 5000

euros, depending on whether it is applied to the collective or the natural person, the offences

hereinafter referred to:

a) The operation of institution of higher education or cycles of study in

franchise regime;

b) The operation of a private higher education establishment without the

prior recognition of public interest;

c) The operation of higher education institution that is superveniently

stop fulfilling the requirements required for your creation and operation;

d) The operation of organic units outside the headquarters of the educational institution

top without fulfillment of the respective requirements;

e) The operation of schools in public education institution without approval

ministerial;

f) The operation of the cycle of studies that aim to confer academic degree without the

your prior registration;

g) The application of non-homologated statutes;

h) The violation of standards relating to the composition of governing bodies and

management of institutions, as well as scientific advice or

technical-scientific and pedagogical;

i) The omission of publication of the annual report referred to in Article 159.

2-Are punishable with fine of EUR 2000 to EUR 20000 or EUR 500 to EUR 5000,

depending on whether it is applied to the collective ente or the natural person, the offences below

referred to:

a) The use of an unregistered denomination, as well as the use of a

designation legally reserved for a particular educational institution

higher on the part of an institution of another nature;

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b) The offences to the standard on conflicts of interest of Article 106 and the

exercise of any posts in the institution of higher education in violation of

standards on incompatibilities or impediments set out in other laws and

of the statutes;

c) The refusal to collaborate with the competent bodies in the framework of the evaluation

external of higher education institutions;

d) The refusal or obstruction of the exercise of the inspection activity of the ministry of

tutelage;

e) The refusal of collaboration or obstruction to the exercise of the activity of

supervision of the State;

f) A non-public provision of the information referred to in Article 162;

g) The provision to the ministry of the tutelage of false information, or of information

incomplete likely to induce erroneous conclusions of identical effect or

similar to what would have false information about the same object.

3-A attempt and neglect are punishable.

Article 165.

Fulfillment of the omitted duty

Where the offence results from the omission of a duty, the payment of the fine or the

compliance with the ancillary sanction shall not waive the offender of the performance of the duty,

if this is still possible.

Article 166.

Ancillary sanctions

Jointly with the fines provided for in Article 164, they may apply

following ancillary sanctions:

a) Revocation of recognition;

b) Loss of the mandate of the holders of the responsible bodies;

c) Deprivation of the right to subsidy or benefit bestowned by entities or services

public;

d) Seizure and loss of the object of the offence and of the economic benefit obtained

with their practice;

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e) Publication by the competent department of the ministry of tutelage of punishment

definitive, at the expense of the offender.

Article 167.

Competence for the process

1-A competency for the processes of illicit of mere social ordering provided in the

this diploma belongs to the competent department of the ministry of guardian.

2-It is up to the minister of the guardian the decision of the process.

3-In the course of the fact-finding or instruction, the competent department of the ministry of

tutela may request police entities and any other public services or

authorities all the collaboration or aid that it judges necessary for the realization

of the purposes of the process.

Article 168.

Product of the fines

The product of the fines reverses to the Social Action Fund of higher education.

Article 169.

Subsidiary law

It is secondarily applicable to the general regime of the illicit of mere social ordering.

Title VI

Council Coordinator of Higher Education

Article 170.

Mission of the Coordinating Council of Higher Education

The Coordinating Board of Higher Education has the mission of advising the

member of the Government responsible for the area of higher education in the field of policy of

higher education.

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Article 171.

Composition, mode of operation and competencies of the Coordinating Board

of Higher Education

The composition, mode of operation and competencies of the Coordinating Board of the

Higher education are defined in a diploma of their own.

Title VII

Transitional and final provisions

CHAPTER I

Transitional provisions

Article 172.

New statutes

1-Within six months of the entry into force of this Law, the institutions

of higher education shall proceed to the revision of its statutes, so as to

conform to them with the new legal regime.

2-In the case of public higher education institutions, the new statutes are

approved by an assembly constituted for the purpose, with the composition expected

for the general council, with 15 members, being eight representatives of the lecturers and

researchers, two representatives of the students and five external personalities.

3-A Election and cooptation of the members are carried out in the terms of regulation

approved by the senate or general counsel in office under the current legal regime

at the date of the entry into force of this Law.

4-A The assembly elects its president from among one of the external personalities to which

refers to paragraph 2.

5-A The assembly may appoint a committee tasked with drawing up a draft

statutes, to be submitted to the discussion and approval of the assembly.

6-In the process of drafting the bylaws, the assembly listens to the current bodies of the

institution and the institutional representatives of teachers, researchers, others

workers and students.

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7-The rector or president of the institution participates in the meetings of the assembly by law

own, without a right to vote.

8-The standards of the statutes must be approved by an absolute majority of the members of the

assembly, the same should occur with its final global approval.

9-In the case of private higher education institutions, the new statutes are

approved by the competent body of the entity instituidora, ears the organs of the

establishment of teaching.

10-The new statutes must be homologated and published in the terms set out in the

present law.

11-Compete to the dean or president to promote the realization of the new model of

organization and management arising from this Law.

12-In the case of unwarranted unwarranted approval of the statutes within the prescribed time, it shall be deemed to be,

for all legal effects, which the institution finds itself in a situation of degradation

institutional pursuant to Art. 153 para.

Article 173.

Organic units

1-In the process of drafting and approving the statutes, the educational institutions

public higher must carry out the rationalization of their organic units,

by proceeding, specifically, to mergers and extinctions that are proved to be appropriate.

2-In the process of rationalization referred to in this Article, the institutions shall

respect the general guidelines for rationalization of the network approved by the Government.

Article 174.

Renewal of mandates

1-Members of the new bodies of the institutions shall be elected or appointed,

as per cases, in the six months following the publication of the new statutes,

by ceasing then the mandate of the acting bodies.

2-The holders of mandates terminates after the publication of the new statutes

remain in office until the taking of possession of the new organs pursuant to the

previous number.

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3-Exceptionally, the statutes may provide for the rectors or chairpersons of the

institutions, as well as the directors or chairs of the organic units whose

mandates have not ended when the publication of the bylaws have concluded them already

within the duration of the new statutes.

4-The consecutive mandates of a rector or president of an institution, as well as

of the director or chair of the organic unit, shall not exceed eight years,

including in this time the one of the mandates in identical functions under the schemes

legal prior to this Law.

Article 175.

Heritage of public higher education institutions

In the 18 months following the publication of this Law the higher education institutions

public shall proceed to the updating of the inventory of all its heritage

real estate and state heritage that is affection to them, as well as justifying the

need for the same for the purposes of the institution.

Article 176.

Procedures for recognition of public interest in progress

With the publication of this Law stay suspended all procedures of

recognition of public interest from private higher education institutions, the

which should be renewed by observing the requirements set out in this Law.

Article 177.

Passage to the Founding Regime

1-Within the period of three months on the entry into force of this Law, the assembly to which

it refers to Article 172 (2) may, by deliberation taken by an absolute majority

of its members, request, in the terms provided for in Article 129, the passage of the

university to the fundational regime.

2-A The submission of the application referred to in the preceding paragraph suspending the count

of the time limit referred to in Article 172 (1).

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3-Directors or chairpersons of the organic units can promote the constitution

of an assembly ad hoc , with the composition set out in Article 172 (2), to

decide, by an absolute majority, within three months on the entry into force of the

present law, on the submission of a proposal for processing of the unit

organic in the terms provided for in Article 129 para.

Article 178.

Accumulations

Until the amendment of the by-laws of the teaching careers, the limit referred to in paragraph 1 of the

article 51 is from six weekly lective hours.

CHAPTER II

Final provisions

Article 179.

Special public higher education

In the case of public higher education institutions, this Law shall be without prejudice to the

special regime of the institutions of military and police higher education, as well as of the

Open University, without prejudice to its subsidiary application.

Article 180.

Catholic University and other canonical establishments

This Law applies to the Portuguese Catholic University and to the rest

higher education institutions instituted by canonical entities, without prejudice

of the specificities arising from the Concordata between Portugal and the Holy See.

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Article 181.

Access to higher education

The criteria for setting the disciplines on which they should focus on the evidence of capacity

for the frequency of the cycles of graduate or integrated master's studies in a

certain area are approved by porterie of the minister of guardianship, heard the Commission

National Access to Higher Education, always what national policy objectives of

training of human resources and the overall coherence of the system justifies it.

Article 182.

Abrogation standard

1-The following laws are repealed:

a) Law No. 108/88 of September 24 (Autonomy of Universities);

b) Law No. 54/90 of September 5 (status and autonomy of the establishments of

polytechnic higher education), amended by the Leis n. the

20/92, of August 14, and

71/93, of November 26;

c) Law No. 1/2003 of January 6 (Legal Regime for Development and the

Quality of Higher Education), as amended by Decree-Law No. 74/2006, of 24 of

March;

d) Article 17 of Law No 37/2003 of August 22 (Establishes the bases of the

funding for higher education), as amended by Law No. 49/2005, 30 of

August;

e) Decree-Law No 293/90 of September 21;

f) Articles 12 to 17 of the Decree-Law No 129/93 of September 22;

g) Status of Private Higher Education and Cooperative, approved by the

Decree-Law No. 16/94 of January 22, amended, by ratification, by the Law n.

37/94, of November 11, by the Decree-Law No. 94/99 of March 23 and by the

Decree-Law No 74/2006 of March 24;

h) Decree-Law No 24/94 of January 27, rectified by the declaration of

rectification No 38/94 of March 31;

i) Decree-Law No. 252/97 of September 26.

2-Are derogated from the remaining standards that contravenes the provisions of this Law.

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3-A revocation referred to in point i) of paragraph 1 shall be understood without prejudice to the

Application of the provisions of Article 3 (2) and 3 of the Decree-Law No. 252/97 of 26

of September, when it has not yet occurred.

4-As long as the regulatory diploma of the procedure is not published

recognition of public interest from higher education institutions

private, shall remain in force in that matter the provisions of the Statute of the Teaching

Superior Private and Cooperative in anything other than to counter the present law.

Article 183.

Suitability

1-A The suitability of the requirements referred to in Articles 47 and 49 shall be carried out

by the higher education institutions, public and private, within 18 months on

the entry into force of this Law, under penalty of revocation of the authorization of

operation of the respective cycles of study.

2-Private higher education institutions, as well as the respective entities

instituidoras, shall make their suitability for the provisions of this Law as to the

respective requirements within 18 months on their entry into force, under penalty

of revocation of the recognition of public interest and the authorization of

operation of the study cycles.

Article 184.

Entry into force

This Law shall come into force 30 days after its publication, unless it is dependent on the

approval of the new bylaws of higher education institutions and entry into

functioning of the new organs.

Seen and approved in Council of Ministers of June 16, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs